HomeMy WebLinkAboutCC Resolution 10228 (Map of Northview)RESOLUTION NO. 10228
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING FINAL MAP
ENTITLED, " MAP OF NORTHVIEW ', SAN RAFAEL, CALIFORNIA.
WHEREAS, the Planning Commission of the City of San Rafael, State of California, did on May
12, 1998, in writing, recommend to the City Council of said City the approval of the final map entitled " Map of
Northview " consisting of eight (8) sheets hereinafter referred to; and
WHEREAS, it appears to said City Council and said City Council hereby finds and determines
that said map is in conformity with the requirements of the Subdivision Ordinance Title 15 of the San Rafael
Municipal Code, and that said City Council is satisfied with the plan of the subdivision;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San
Rafael, California, that the final map of said subdivision, approved by the Planning Commission of said City on
May 12, 1998, and entitled, "Map of Northview", be and the same is hereby approved, and that the City Clerk of
said City be and she is hereby authorized and directed to execute the certificate upon the face of the map of the
approval thereof and, upon the filing with the City Clerk of the agreement and bond (or deposit) with the approval
thereof all as required by Sections 15.20.060, 15.20.080, and 15.20.090 of said Subdivision Ordinance, to transmit
said map to the Clerk of the Board of Supervisors of Marin County.
IT IS FURTHER RESOLVED that that certain agreement entitled, "Subdivision Improvement
Agreement', being the agreement required by Section 15.020.080 of said ordinance, shall, when executed and filed
by and or on behalf of the subdivider and approved by the City Attorney and City Manager as provided in Section
15.20.060 of said ordinance, be executed on behalf of said City by the Mayor and City Clerk, and said officers are
hereby authorized and instructed to do so:
IT IS FURTHER RESOLVED that upon the execution, filing and approval of said agreement and bond
and the recordation of said final map, all in accordance with the requirements of the said ordinance appertaining to
said agreement and bond and the recordation of said map, the City does hereby remove any one (1) foot non -
access strips on any public dedicated right of way adjacent to this subdivision.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a meeting of the Council of said City held on the 15`h
day of June, 1998, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk
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CITY OF SAN RAFAEL ♦ CALIFORNIA
Community Development Department
INTER -DEPARTMENTAL MEMORANDUM)
September 18, 1998
TO: Jeanne Leoncini, City Clerk
FROM: Cheng Yeo, Assistant Engineer. Tr _ f/
SUBJECT: Northview Subdivision
E6 d"Z3 91
3110 Alio-Q02a
File Ref: Subdivision
Enclosed are three sets of Subdivision Agreement for Mayor's signature. The Mayor had
previously executed the Subdivision Agreement for Northview Subdivision, which
agreement was executed by Masma Construction. The subdivision has, however, two
subdividers namely, Jack Yanoff and Masma Construction as shown on the final map and
on the title report. Under the advise from the City Attorney's office, we have redrafted the
Subdivision Agreement to include Jack Yanoff and Masma Construction, and thus,
agreement has to be re -executed.
CITY OF SAN RAFAEL, CALIFORNIA
SUBDIVISION DWROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of San Rafael
(hereinafter referred to as "City"), and Jack Yanoff and Masma Construction. Inc., ( hereinafter
referred to as "Subdivider").
RECITALS:
Subdivider has presented to City for approval a final subdivision map entitled: "Map of Northview ".
The map has been filed with the City Engineer of City and will be timely filed with the City Clerk for
presentation to the City Council of the City for its approval, which map is hereby referred to and
incorporated herein.
Subdivider has requested approval of the map prior to the construction and completion of
improvements, including all streets, highways or public ways and public utility facilities which are a
part of, or appurtenant to, the subdivision, hereinafter called 'Subdivision', designated in the map, all
in accordance with, and as required by, the plans and specifications for all or any of said
improvements in, appurtenant to, or outside the limits of Subdivision, which plans and specifications
are now on file in the office of the City Engineer of the City.
This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of
California and Title 15 of the San Rafael Municipal Code.
1. Performance of Work
All of the work and improvements and materials shall be done, performed and installed in strict
accordance with the approved plans and specifications for said work on file in the office of the City
Engineer of City, which said plans and specifications and standards are hereby referred to and adopted
and made a part of this agreement. In case there are not any standard specifications of City for any of
said work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California Department of Transportation. Subdivider will do and
perform, or cause to be done and performed, at Subdivider's own expense, in a good workmanlike
manner, and furnish all required materials, all under the direction and to the satisfaction of the City
Engineer of City, who shall endorse his approval thereon, all of the following work and improvements
related to the Subdivision as shown on the improvements plans and drawings entitled: "Improvement
Plans - Northview " and subject to the conditions, requirements and recommendations as set forth in
the reports of the City Engineer and Planning Director, which reports shall be incorporated herein by
reference. Further incorporated herein and made a part hereof by reference are the appropriate
resolutions of the Planning Commission and of the City Council approving Subdivider's tentative map.
Subdivider shall also do all work and furnish all materials which, in the opinion of the City Engineer
and on his order, are necessary to complete the improvements in accordance with the plans and
specifications on file as herein before specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessary or required to complete the work.
Subdivision Agreement - 1
COPY
2. Soils Engineering Contractor
It is mutually agreed that the City shall determine the soils engineering firm to perform required
soils testing and investigation during the construction of the improvements.
3. Work. Places and Grades to be Fixed by Engineer
All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, approved by the City Engineer and upon which he
has endorsed his approval, and to the satisfaction of the City Engineer.
4. Work. Time for Commencement and Performance
City hereby fixes the time for the commencement of said work to be not later than six (6) months after
date of this agreement, and for its completion to be within 360 calendar days from the date when the
map is approved by the City Council. At least fifteen (15) calendar days prior to commencement of
work here under, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for
commencement thereof, so that the City Engineer in writing of the date fixed by Subdivider for
commencement thereof, so that the City Engineer shall be able to provide services for inspection.
5. Time is of Essence - Extension
Time is of the essence of this agreement; provided that in the event good cause is shown therefor, the
City Council may extend the time for completion of the improvements here under. Any such extension
may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve
the surety's liability on the bond to secure the faithful performance of this agreement. The City
Council shall be the sole and final judge as to whether or not good cause has been shown to entitle
Subdivider to an extension.
6. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes
and monuments shown on the map which have been destroyed or damaged, as the case may be. or pay
to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed
by reason of any work done here under, whether such property be owned by the United States or any
agency thereof, or the State of California, or any public agency or political subdivision thereof, or by
the City or by any person whomsoever, or by any combination of such owners. Any such repair or
replacement shall be to the satisfaction, and subject to the approval of the City Engineer.
7. Utility Deposits. Provision
Subdivider shall make all deposits legally required by each public utility corporation involved in the
provision of services for the subdivision for the connection of any and all public utilities to be supplied
by such public utility corporation within the subdivision, and shall ensure that utilities are available to
said subdivision prior to final occupancy thereof.
Subdivision Agreement - 2
8. Permits. Compliance With Law
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction
of such improvements, give all necessary notices and pay all fees and taxes required by law.
8.5 Improvement Requirements on Land Not Owned by Subdivider or City
In accordance with Section 66462.5 of the Government Code, the City requires the Subdivider to pay
the cost of acquiring offsite real property interests required in connection with the subdivision,
including but not limited to, appraisal fees, title reports, surveying of land to be acquired, witness fees,
attorney fees and all costs of acquisition whether by settlement with property owners or eminent
domain proceedings.
The Subdivider may secure the performance of this provision by separate improvement security subject
to the approval of the City Attorney.
9. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on said improvement, or have a competent
foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress,
with authority to act for Subdivider.
10. Inspections
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City
to all parts of the work and to the shops wherein the work is in preparation. The Subdivider shall pay
overtime incurred by City inspectors whenever the Subdivider elects to work on Saturdays, Sundays,
and holidays.
The Subdivider shall make cash deposits of such amounts with the City as are determined by the City
Engineer, from time to time, to be necessary to cover such anticipated inspection and engineering
costs, pursuant to Section 15.20.070 of the San Rafael Municipal Code.
When required by the conditions for approval of the Tentative Map, the City may require the work or
improvements or part thereof to be inspected by an outside consultant selected by the City Engineer.
The Subdivider shall be responsible for all fees, costs and expenses for said inspection services.
The inspection of work shall not relieve the Subdivider of any of his obligations to complete the
improvements as prescribed. Defective work shall be made good and unsuitable materials may be
rejected, notwithstanding the fact that such defective work and unsuitable materials may have been
previously overlooked and accepted by the City Engineer.
11. Improvement Security
Prior to the filing of the application for final map with the City Council, the Subdivider shall present to
and file with the City of San Rafael a surety company bond in the sum of Five hundred twenty
thousand two hundred eiLyhty-nine dollars ($ 520.289.00 ) issued by a company duly and
regularly authorized to do a general surety business in the State of California conditioned upon the
faithful performance of this agreement and by its terms made to inure to the benefit of the City of San
Rafael. The surety on said bond and form thereof shall be satisfactory to the City Attorney.
Subdivision Agreement - 3
Liability under said bond shall be released upon completion of the required improvements, following
the certification of same by the City Engineer, the recommendation for release by the City Manager,
and the approval of the release by the City Council, pursuant to Section 15.20.110 of the San Rafael
Municipal Code.
12. Alternate Improvement Security
The Subdivider may deposit at the time for submission of the bonds mentioned in paragraph 11 above,
in lieu of a surety bond, cash in the amount of said required bond with the City Treasurer of the City
as a guarantee for the faithful performance of this agreement. The City Treasurer may disburse
progress payments to the Subdivider from any cash security deposits, after the Subdivider has
submitted a demand for a progress payment together with evidence of satisfactory completion of the
portion of the required improvements covered by such progress payment, following the certification of
same by the City Engineer, the recommendation of the progress payment by the City Manager, and the
approval of the progress payment by the City Council, pursuant to Section 15.20. 110 of the San Rafael
Municipal Code. No progress payment allowable here under shall be made for more than ninety
percent (90%) of the value of any installment of work and not before each installment of work shall
have been completed to the satisfaction of the City Engineer.
The final payment for the work to be performed under this agreement shall be made 35 days after
formal acceptance of the subdivision by the City upon determination of the City Engineer that all
improvements required by this agreement have been completed to his full and complete satisfaction.
As the herein above-mentioned deposit is a guarantee for the faithful performance of this agreement,
the City may, upon a breach, default, or violation of any of the provisions of this agreement resort to
the herein above mentioned deposit for the purposes of taking over the work and prosecuting the same
to completion. Upon breach, default or other violation of this agreement requiring the City to take
over the work, the City Treasurer shall release, to the City Engineer, upon written demand of the City
Engineer, such amount or amounts of the deposit remaining as the City Engineer estimates is
reasonably necessary to complete the work.
In lieu of the surety bond or cash as required by Title 15 of the San Rafael Municipal Code, an
instrument or instruments of credit in the amount of said required bond may be deposited with City
upon condition the financial institution furnishing the credit pledges to the City it has the funds
necessary, that they are on deposit as guarantee for payment of the improvements required and that the
said funds are held in trust for the purposes set forth in this agreement.
13. Labor and Material Bond (50% of Improvement Cost)
The Subdivider shall furnish security in the amount of Two hundred sixty thousand one hundred and
fortv four and 501100 Dollars ($ 260.144.50) securing payment to the contractors, subcontractors,
persons renting equipment or furnishing labor or materials for the improvements required to be made
by this instrument. The security may be cash, surety bond, or instrument of credit as permitted by the
Subdivision Map Act of the State of California. Such security shall be retained by the City for a
period of ninety (90) days following acceptance of the improvements by the City or for such other
period as may be required or permitted pursuant to Government Code provisions governing the release
of labor and material bonds for subdivision improvements.
Subdivision Agreement - 4
14. Monumentation Bond
Subdivider shall furnish a bond or cash deposit in the amount of Two thousand six hundred dollars ($
2.600.00 ) guaranteeing the payment for installation of permanent monumentation. The
monumentation shall be done to the satisfaction of the City Engineer and shall be completed 365
calendar days from the actual date of commencement.
15. Maintenance Bond (10% of the Improvement Cost)
Subdivider shall furnish prior to acceptance of the improvements by the City a maintenance bond in the
amount of Fiftv-two thousand twentv - eight Dollars ($_52.028.00 guaranteeing said
improvements for a period of Two 2 year(s) from date of acceptance.
16. Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions,
officers, agents, and employees harmless from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property damage which may arise from
Subdivider or Subdivider's contractors, subcontractors, agents, or employees of the Subdivider's
contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider
agrees to, and shall, defend, indemnify and hold harmless the City and its elective and appointive
boards, commissions, officers, agents and employees from any suits or actions at law or in equity for
damages caused, or alleged to have been caused, by reason of any of the aforesaid operations.
A City does not, and shall not, waive any rights against Subdivider which it may have by reason
of the aforesaid hold harmless agreement, because of the acceptance by City of the deposit with
City by Subdivider of any of the insurance policies described in paragraph 18 hereof.
B. The aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for
damages of every kind suffered, or alleged to have been suffered, by reason of any of the
aforesaid operations, regardless of whether or not City has prepared, supplied or approved of
plans, specifications, or either, for the subdivision, and regardless of whether or not any
insurance policies shall have been determined to be applicable to any of such damages or
claims for damages.
C. Subdivider agrees that the use of any and all streets and public improvements herein above
required to be constructed shall be, at all times prior to the final acceptance of the subdivision
by the City, the sole and exclusive risk of the Subdivider. The City may, at its sole option,
issue permission to occupy all or a portion of the improvements prior to Final Acceptance of
said Improvements. The issuance of any permission to occupy such Public Improvements
located within the said subdivision shall not be construed in any manner to be an acceptance
and approval of any or all of said streets and improvements in said subdivision, or that stage of
development of said streets and improvements represented by their conditions at the time of
issuance of said occupancy permit or permits, or any stage of their development reached
between the period commencing with the issuance of any occupancy permit, and the final
acceptance of said subdivision.
Subdivision Agreement - 5
17. Protection of Public Safety
The Subdivider is obligated to protect the public safety during all phases of the work, and shall erect
and maintain all necessary barricades, signs and warning devices necessary to ensure public protection.
In the event that City discovers a condition on the site which in its determination constitutes an
immediate danger to public safety, and Subdivider cannot respond at once, City may erect any barriers,
signs and warning devices it deems necessary. In such event, Subdivider shall pay for the labor of
City's crews at the rate of thirty five ($35.00) dollars per hour per man-, plus the cost of any materials
used and a reasonable fee for use of any barricades found necessary. In no event shall Subdivider pay
less than one hour minimum per man assigned if City takes action pursuant to this paragraph.
18. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider shall have obtained all
insurance required under this paragraph and such insurance shall have been approved by the City
Attorney as to form and City Manager as to sufficiency, nor shall Subdivider allow any contractor or
subcontractor to commence work on his contract or subcontract until all similar insurance required of
the contractor or subcontractor shall have been so obtained and approved. All requirements herein
provided shall appear either in the body of the insurance policies or as endorsements and shall
specifically bind the insurance carrier.
Subdivider and/or his contractors and/or subcontractors shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work here under by the Subdivider, his agents,
representatives, employees, contractors or subcontractors.
A. Minimum Scope of Insurance Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence from
CGY 000 1).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
B. Minimum Limits of Insurance Subdivider shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a
general aggregate liability is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $ 1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either: the insurer shall reduce or eliminate such deductibles or self
insured retentions as respects the City, its officers, officials, employees, and volunteers, or the
Subdivider shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
Subdivision Agreement - 6
D. Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the
following provisions:
The City. its officers, officials, employees, agents and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
Subdivider; products and completed operations of the Subdivider, premises owned or
used by the Subdivider; or automobiles owned, leased, hired or borrowed by the
Subdivider. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Subdivider's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, agents or volunteers shall be excess of the Subdivider's insurance
required and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Subdivider's insurance shall apply separately to each insured against whom claim
is made or suit is brought except, with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or In
limits except after thirty (30) days' prior to written notice by certified mail, return
receipt requested, has been given.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than 'A".
F. Verification of Coverage
Subdivider shall furnish the City with original endorsements effecting coverage required by
this clause. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The endorsements are to be on forms provided by the City. All
endorsements are to be received and approved by the City before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies
of all required insurance policies, including endorsements effecting the coverage required by
these specifications.
G. Subcontractors
Subdivider shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
19. Title of Improvements
Title to, and ownership of, all improvements within accepted public right of way and public easements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of
such improvements by City, as evidenced by the filing of the Notice of Completion with the County
Recorder.
Subdivision Agreement -7
20. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the work performed under this agreement, any
structure or part of any structure furnished or installed or constructed, or caused to be installed or
constructed by Subdivider, or any of the work done under this agreement fails to fulfill any of the
requirements of this agreement or the specifications referred to herein, Subdivider shall without delay
and without cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part
or parts of the work or structure. Liability under the contracts of surety or guarantee referred to in
paragraphs 11 and 12 of this agreement shall be released upon the completion of all work and public
improvements to the satisfaction of the City Engineer as provided and permitted by the Subdivision
Map Act of the State of California. Should Subdivider fail to act promptly or in accordance with this
requirement, or should the exigencies of the case require repairs or replacements to be made before
Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or
perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus
fifteen percent (15%).
21. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be
agents of City in connection with the performance of Subdivider's obligations under this agreement.
22. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with
such diligence as will ensure its completion within the time specified, or any extensions thereof, or
fails to obtain completion of said work within such time. or if Subdivider should be adjudged a
bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's insolvency,
or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should
violate any of the provisions of this agreement, City Engineer or City Council may serve written notice
upon Subdivider and Subdivider's surety of breach of this agreement, or of any portion thereof, and
default of Subdivider.
23. Breach of Agreement. Performance by Surety or City
In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the
work and improvements herein specified; provided however, that if the surety, within thirty (30) days
after the serving upon it of such notice of breach, does not give City written notice of its intention to
take over the performance of the contract and does not commence performance City may elect to take
over the work and prosecute the same to completion, by contract or by any other method City may
deem advisable, for the account and at the expense of Subdivider, and in such event, City, without
liability for so doing, may take possession of and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work and
necessary therefor. The Subdivider shall be liable to the City for any excess costs, claims, damages,
liability, or expenses of whatever nature or kind, direct or indirect, including reasonable attorney fees
which are directly or indirectly caused by the execution and enforcement of this agreement.
Subdivision Agreement - 8
24. Notices
All notices herein required shall be in writing and delivered in person or sent by registered or certified
mail, postage prepaid. Notices required to be given shall be addressed as follows:
City:
Citv of San Rafael
P.O.Box 151560
1400 Fifth Avenue
San Rafael. Ca. 94915-1560
Subdivider:
1. Jack Yanoff
100 Drake's Landing Road. Suite 250
Greenbrae. Ca. 94904.
2. Masma Construction. Inc.
100 Drake's Landing Road. Suite 250
Greenbrae. Ca. 94904.,
Subdivider Insurance Company:
Tilin. Lovell & Bernstein
1255 Post Street. Suite 615
San Francisco. Ca. 94109
Surety of Subdivider:
Developer's Insurance Comnanv
3100 Oak Road. Suite 260
Walnut Creek. Ca. 94596
It is provided that any party or the surety may change such address by notice in writing to the other
parry and thereafter notices shall be addressed and transmitted to the new address.
25. Binding of Agreement
This agreement shall bind, and the benefits inure to, the respective parties thereto, their legal
representatives, executors, administrators, successors in office or interest, and assigns.
26. Legal Fees
In the event that legal action is necessary to enforce any provision of this agreement, the prevailing
party shall be entitled to reasonable attorney fees and legal costs.
27. Agreement an Offer Until Accepted by City
It is recognized that this agreement executed by the Subdivider is submitted at the time of application
for approval of the final subdivision map, and prior to approval of said final subdivision map, and
prior to approval of said final map by the City Council. Until approval of said final map and execution
of this agreement by City, this agreement shall constitute an offer and may be withdrawn or modified
by Subdivider, but upon such withdrawal, and until an executed agreement acceptable to City is
submitted. the entire application for final map shall be considered withdrawn.
Subdivision Agreement - 9
Dated this 15`h. day of June, 1998
CITY OF SAN RAFAEL:
C}1
y.
Albe Boro
Mayor
ATTEST:
Je n M. Leoncini
CITY CLERK
APPROVED AS TO FORM:
�,, J_ GSA..: K_ e-�_
Gary T. Ragghiand
City Attorney
APPRO S TO CONTENT:
David M. Bernardi
City Engineer
SUBIVIDER:
By:
Jack Y
By: /
Bijan Madjlessi,
Masma Construction, Inc.
Title: President
(If the Subdivider executing this agreement is a
corporation, a certified copy of the By -Laws or
Resolution of the Board of Directors
authorizing officers of said corporation to
execute this agreement shall be annexed hereto.
Subdivider's signature(s) must be Notarized.)
Subdivision Agreement - 10
CALIFORNIA ALL-PURF iE ACKNOWLEDGMENT
State of California
County of Marin
OniA.4a7 before me, Samantha E. Ness, Notary Public
Date Name and Titb of 018cer (e.g., 'Jane Doe, Notary
personally appeared%u��i���Sr �r� Tcz C,E 1
i Name(s) of Signer(s)
f personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) istare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
-� or the entity upon behalf of which the person(s) acted,
SAMANTHA E. NESS D executed the instrument.
0 COMM.#1060658
I NOTARY PUBLIC-0CALIFORNIA
Q n kWIN COUNTY Q
l My Comm. Expires May 31, 1999 1
WITNESS my hand and official seal.
/ v Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:,
v
Document Date: G 5� - Number of Pages: /
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee
SINN 1411111L.1111
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
IMMId
W'
Top of thumb here
0 1994 National Notary Association - 8238 Remmet Ave., P.O. Box 7184 - Canoga Park CA 91309-7161 Prod. No. 5907 Reorder. Cail Toll -Free 1.800-87643827
PKODUCER
Construction Unit
•PLBURGER BASSO de GROSZ INS.
301 Island Parkway, Suite 300
Belmont, CA 94002-4110
INSURED
MASMA Construction, Inc.
100 Drake's Landing Road,
Suite 250
Greenbrae, CA 94904
1l7VVl\/"%.\Vi. U7/ U-3/ 70
THIS CERTIFICATE ' ISSUED AS A MATTER OF INFORMATION
ONLY AND CON- S NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CEici1F1CATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
ATudor Insurance Company
COMPANY
BNew Hampshire
COMPANY
C
Insurance Co.
COMPANY
DREVISES CERTIFICATE ISSUED 7/10/98
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE
LTR
A GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE F,7)[ OCCUR
OWNER'S & CONTRACTOR'S PROT
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MMIDD/YY) DATE (MM/DD/YY)
GL00001586 06/30/98 06/30/00 GENERAL AGGREGATE
PRODUCTS-COMP/OP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
GARAGE LIABILITY
ANY AUTO
B EXCESS LIABILITY 9700824
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
THE PROPRIETOR/ n INCL
PARTNERS/EXECUTIVE Ir—Ij
OFFICERS ARE: EXCL
OTHER
COMBINED SINGLE LIMIT
x2,000,000
52,000,000
x2,000,000
Ix2 , 000 , 000
Ix50, 000
Is
BODILY INJURY S
(Per person)
BODILY INJURY
$
(Per accident)
PROPERTY DAMAGE
S
is
AUTO ONLY -EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
S
AGGREGATE
$
06/30/98 06/30/00 IEACH OCCURRENCE
s3,000,000
AGGREGATE
s3,000,000
SIR
$10,000
STATUTORY LIMITS
I EACH ACCIDENT
x
1 DISEASE -POLICY LIMIT
x
DISEASE -EACH EMPLOYEE
S
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Re: Northview. Jack Yanoff and The City of San Rafael, its officers,
employees, agents and volunteers are named as additional insured as
respects general liability per endorsement attached.
CERTIFICATE HOLDER CANCELLATION T D
City of San Rafael
P.O. Box 151560
Greenbrae, CA 94904
ACORD25S(3/93)1 of 1 #S114589/M105248
D._--.? /a. - -"
en ay Notice for Non -Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDS
-0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AUTH ZED REPRESENTATIVE
MASMAC'ONSP,IvjD O ACORD CORPORATION 1993
_ICY NUMBER: GL00001 6 CO. AERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of San Rafael
P.O. Box 151560
Greenbrae, CA 94904
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
Re: Northview. Jack Yanoff and The City of San Rafael, its officers,
employees, agents and volunteers are named as additional insured as
respects general liability per endorsement attached.
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND.NOT CONTRIBUTING WITH THIS
INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT THE ABOVE POLICY CONTAINS A STANDARD CROSS
LIABILITY OR SEVERABILITY OF INTEREST CLAUSE.
CG 20 10 11 85
MASMA
CONSTRUCTION, INC
Northview Properties
Professional Center Parkway, San Rafael, CA
I, Jack Yanoff, certify that in the performance of the work for which this permit is issued,
I shall not employ any person in any manner so as to become subject to the workers'
compensation laws of California, and agree that if I should become subject to the
workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith
comply with those provisions.
Signed:
1
liacroffff
Date /
100 Drake's Landing Road • Suite 250 • Greenbrae, CA 94904 • Tel: (415) 461-5900 • Fax: (415) 461-5990
http://www.well.com/user/prime • email: prime@awell.com
CITY OF SAN RAFAEL, CALIFORNIA
SUBDIVISION EMPROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of San Rafael
(hereinafter referred to as "City"), and Masma Construction, Inc.
( hereinafter referred to as "Subdivider").
RECITALS:
Subdivider has presented to City for approval a final subdivision map entitled:
" Map of Northview ".
The map has been filed with the City Engineer of City and will be timely filed with the City Clerk for
presentation to the City Council of\the City for its approval, which map is hereby referred to and
incorporated herein.
Subdivider has requested approval of the map prior to the construction and completion of
improvements, including all streets, highways or public ways and public utility facilities which are a
part of, or appurtenant to, the subdivision, hereinafter called 'Subdivision', designated in the map, all
in accordance with, and as required by, the plans and specifications for all or any of said
improvements in, appurtenant to, or outside the limits of Subdivision, which plans and specifications
are now on file in the office of the City Engineer of the City.
This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of
California and Title 15 of the San Rafael Municipal Code.
1. Performance of Work
All of the work and improvements and materials shall be done, performed and installed in strict
accordance with the approved plans and specifications for said work on file in the office of the City
Engineer of City, which said plans and specifications and standards are hereby referred to and adopted
and made a part of this agreement. In case there are not any standard specifications of City for any of
said work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California Department of Transportation. Subdivider will do and
perform, or cause to be done and performed, at Subdivider's own expense, in a good workmanlike
manner, and furnish all required materials, all under the direction and to the satisfaction of the City
Engineer of City, who shall endorse his approval thereon, all of the following\work and improvements
related to the Subdivision as shown on the improvements plans and drawings entitled:
" Improvement Plan - Northview 1` " and
subject to the conditions, requirements and recommendations as set forth in the\reports of the City
Engineer and Planning Director, which reports shall be incorporated herein by reference. Further
incorporated herein and made a part hereof by reference are the appropriate resolutions of the Planning
Commission and of the City Council approving Subdivider's tentative map. Subdivider shall also do
all work and furnish all materials which, in the opinion of the City Engineer and on his order, are
necessary to complete the improvements in accordance with the plans and specifications on file as
herein before specified, or with any changes required or ordered by said Engineer, which in his
opinion are necessary or required to complete the work.
Subdivision Agreement - 1
2. Soils Engineering Contractor
It is mutually agreed that the City shall determine the soils engineering firm to perform required
soils testing and investigation during the construction of the improvements.
3. Work. Places and Grades to be Fixed by Engineer
All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, approved by the City Engineer and upon which he
has endorsed his approval, and to the satisfaction of the City Engineer.
4. Work. Time for Commencement and Performance
City hereby fixes the time for the commencement of said work to be not later than six (6) months after
date of this agreement, and for its completion to be within —32,0 calendar days from the date when
the map is approved by the City Council. At least fifteen (15) calendar days prior to commencement
of work here under, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider
for commencement thereof, so that the City. Engineer in writing of the date fixed by Subdivider for
commencement thereof, so that the City Engineer shall be able to provide services for inspection.
5. Time is of Essence - Extension
Time is of the essence of this agreement; provided that in the event good cause is shown therefor, the
City Council may extend the time for completion of the improvements here under. Any such extension
may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve
the surety's liability on the bond to secure the faithful performance of this agreement. The City
Council shall be the sole and final judge as to whether or not good cause has been shown to entitle
Subdivider to an extension.
6. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes
and monuments shown on the map which have been destroyed or damaged, as the case may be. or pay
to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed
by reason of any work done here under, whether such property be owned by the United States or any
agency thereof, or the State of California, or any public agency or political subdivision thereof, or by
the City or by any person whomsoever, or by any combination of such owners. Any such repair or
replacement shall be to the satisfaction, and subject to the approval of the City Engineer.
7. Utility Deposits. Provision
Subdivider shall make all deposits legally required by each public utility corporation involved in the
provision of services for the subdivision for the connection of any and all public utilities to be supplied
by such public utility corporation within the subdivision, and shall ensure that utilities are available to
said subdivision prior to final occupancy thereof.
Subdivision Agreement - 2
8. Permits. Compliance With Law
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction
of such improvements, give all necessary notices and pay all fees and taxes required by law.
8.5 Improvement Requirements on Land Not Owned by Subdivider or City
In accordance with Section 66462.5 of the Government Code, the City requires the Subdivider to pay
the cost of acquiring offsite real property interests required in connection with the subdivision,
including but not limited to, appraisal fees, title reports, surveying of land to be acquired, witness fees,
attorney fees and all costs of acquisition whether by settlement with property owners or eminent
domain proceedings.
The Subdivider may secure the performance of this provision by separate improvement security subject
to the approval of the City Attorney.
9. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on said improvement, or have a competent
foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress,
with authority to act for Subdivider.
10. Inspections
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City
to all parts of the work and to the shops wherein the work is in preparation. The Subdivider shall pay
overtime incurred by City inspectors whenever the Subdivider elects to work on Saturdays, Sundays,
and holidays.
The Subdivider shall make cash deposits of such amounts with the City as are determined by the City
Engineer, from time to time, to be necessary to cover such anticipated inspection and engineering
costs, pursuant to Section 15.20.070 of the San Rafael Municipal Code.
When required by the conditions for approval of the Tentative Map, the City may require the work or
improvements or part thereof to be inspected by an outside consultant selected by the City Engineer.
The Subdivider shall be responsible for all fees, costs and expenses for said inspection services.
The inspection of work shall not relieve the Subdivider of any of his obligations to complete the
improvements as prescribed. Defective work shall be made good and unsuitable materials may be
rejected, notwithstanding the fact that such defective work and unsuitable materials may have been
previously overlooked and accepted by the City Engineer.
11. Improvement Security
Prior to the filing of the application for final map with the City Council, the Subdivider shall present to
and file with the City of San Rafael a surety company bond in the sum of
Five hundred twenty thousand two hundred eighty—nine
dollars ($ 520, 289.00 ) issued by a company duly and regularly authorized to do a general
surety business in the State of California conditioned upon the faithful performance of this agreement
and by its terms made to inure to the benefit of the City of San Rafael. The surety on said bond and
form thereof shall be satisfactory to the City Attorney.
Subdivision Agreement - 3
Liability under said bond shall be released upon completion of the required improvements, following
the certification of same by the City Engineer, the recommendation for release by the City Manager,
and the approval of the release by the City Council, pursuant to Section 15.20.110 of the San Rafael
Municipal Code.
12. Alternate Improvement Security
The Subdivider may deposit at the time for submission of the bonds mentioned in paragraph 11 above,
in lieu of a surety bond, cash in the amount of said required bond with the City Treasurer of the City
as a guarantee for the faithful performance of this agreement. The City Treasurer may disburse
progress payments to the Subdivider from any cash security deposits, after the Subdivider has
submitted a demand for a progress payment together with evidence of satisfactory completion of the
portion of the required improvements covered by such progress payment, following the certification of
same by the City Engineer, the recommendation of the progress payment by the City Manager, and the
approval of the progress payment by the City Council, pursuant to Section 15.20. 110 of the San Rafael
Municipal Code. No progress payment allowable here under shall be made for more than ninety
percent (90%) of the value of any installment of work and not before each installment of work shall
have been completed to the satisfaction of the City Engineer.
The final payment for the work to be performed under this agreement shall be made 35 days after
formal acceptance of the subdivision by the City upon determination of the City Engineer that all
improvements required by this agreement have been completed to his full and complete satisfaction.
As the herein above-mentioned deposit is a guarantee for the faithful performance of this agreement,
the City may, upon a breach, default, or violation of any of the provisions of this agreement resort to
the herein above mentioned deposit for the purposes of taking over the work and prosecuting the same
to completion. Upon breach, default or other violation of this agreement requiring the City to take
over the work, the City Treasurer shall release, to the City Engineer, upon written demand of the City
Engineer, such amount or amounts of the deposit remaining as the City Engineer estimates is
reasonably necessary to complete the work.
In lieu of the surety bond or cash as required by Title 15 of the San Rafael Municipal Code, an
instrument or instruments of credit in the amount of said required bond may be deposited with City
upon condition the financial institution furnishing the credit pledges to the City it has the funds
necessary, that they are on deposit as guarantee for payment of the improvements required and that the
said funds are held in trust for the purposes set forth in this agreement.
13. Labor and Material Bond (50% of Improvement Cost)
The Subdivider shall furnish security in the amount of two hundred sixty thousand one
hundred forty—four and 50/100 Dollars($ 260,144.50 )
securing payment to the contractors, subcontractors, persons renting equipment or furnishing labor or
materials for the improvements required to be made by this instrument. The security may be cash,
surety bond, or instrument of credit as permitted by the Subdivision Map Act of the State of
California. Such security shall be retained by the City for a period of ninety (90) days following
acceptance of the improvements by the City or for such other period as may be required or permitted
pursuant to Government Code provisions governing the release of labor and material bonds for
subdivision improvements.
Subdivision Agreement - 4
14. Monumentation Bond
Subdivider shall furnish a bond or cash deposit in the amount of
Two thousand six hundred
dollars ($ 2. 600.00 ) guaranteeing the payment for installation of permanent
monumentation. The monumentation shall be done to the satisfaction of the City Engineer and shall be
completed 365 calendar days from the actual date of commencement.
15. Maintenance Bond (10% of the Improvement Cost)
Subdivider shall furnish prior to acceptance of the improvements by the City a maintenance bond in the
amount of Fiftv-two thousand twentv-eight
Dollars ($52.02R,00 ) guaranteeing
said improvements for a period of 2 year(s) from date of acceptance.
16. Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions,
officers, agents, and employees harmless from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property damage which may arise from
Subdivider or Subdivider's contractors, subcontractors, agents, or employees of the Subdivider's
contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider
agrees to, and shall, defend, indemnify and hold harmless the City and its elective and appointive
boards, commissions, officers, agents and employees from any suits or actions at law or in equity for
damages caused, or alleged to have been caused, by reason of any of the aforesaid operations.
A City does not, and shall not, waive any rights against Subdivider which it may have by reason
of the aforesaid hold harmless agreement, because of the acceptance by City of the deposit with
City by Subdivider of any of the insurance policies described in paragraph 18 hereof.
B. The aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for
damages of every kind suffered, or alleged to have been suffered, by reason of any of the
aforesaid operations, regardless of whether or not City has prepared, supplied or approved of
plans, specifications, or either, for the subdivision, and regardless of whether or not any
insurance policies shall have been determined to be applicable to any of such damages or
claims for damages.
C. Subdivider agrees that the use of any and all streets and public improvements herein above
required to be constructed shall be, at all times prior to the final acceptance of the subdivision
by the City, the sole and exclusive risk of the Subdivider. The City may, at its sole option,
issue permission to occupy all or a portion of the improvements prior to Final Acceptance of
said Improvements. The issuance of any permission to occupy such Public Improvements
located within the said subdivision shall not be construed in any manner to be an acceptance
and approval of any or all of said streets and improvements in said subdivision, or that stage of
development of said streets and improvements represented by their conditions at the time of
issuance of said occupancy permit or permits, or any stage of their development reached
between the period commencing with the issuance of any occupancy permit, and the final
acceptance of said subdivision.
Subdivision Agreement - 5
17. Protection of Public Safety
The Subdivider is obligated to protect the public safety during all phases of the work, and shall erect
and maintain all necessary barricades, signs and warning devices necessary to ensure public protection.
In the event that City discovers a condition on the site which in its determination constitutes an
immediate danger to public safety, and Subdivider cannot respond at once, City may erect any barriers,
signs and warning devices it deems necessary. In such event, Subdivider shall pay for the labor of
City's crews at the rate of thirty five ($35.00) dollars per hour per man-, plus the cost of any materials
used and a reasonable fee for use of any barricades found necessary. In no event shall Subdivider pay
less than one hour minimum per man assigned if City takes action pursuant to this paragraph.
18. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider shall have obtained all
insurance required under this paragraph and such insurance shall have been approved by the City
Attorney as to form and City Manager as to sufficiency, nor shall Subdivider allow any contractor or
subcontractor to commence work on his contract or subcontract until all similar insurance required of
the contractor or subcontractor shall have been so obtained and approved. All requirements herein
provided shall appear either in the body of the insurance policies or as endorsements and shall
specifically bind the insurance carrier.
Subdivider and/or his contractors and/or subcontractors shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work here under by the Subdivider, his agents,
representatives, employees, contractors or subcontractors.
A. Minimum Scope of Insurance Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence from
CGY 000 1).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
B. Minimum Limits of Insurance Subdivider shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a
general aggregate liability is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $ 1,000,000 per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either: the insurer shall reduce or eliminate such deductibles or self
insured retentions as respects the City, its officers, officials, employees, and volunteers, or the
Subdivider shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
Subdivision Agreement - 6
D. Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the
following provisions:
1. The City. its officers, officials, employees, agents and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on behalf of the
Subdivider; products and completed operations of the Subdivider, premises owned or
used by the Subdivider; or automobiles owned, leased, hired or borrowed by the
Subdivider. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Subdivider's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, agents or volunteers shall be excess of the Subdivider's insurance
required and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Subdivider's insurance shall apply separately to each insured against whom claim
is made or suit is brought except, with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or In
limits except after thirty (30) days' prior to written notice by certified mail, return
receipt requested, has been given.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than 'A".
F. Verification of Coverage
Subdivider shall furnish the City with original endorsements effecting coverage required by
this clause. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The endorsements are to be on forms provided by the City. All
endorsements are to be received and approved by the City before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies
of all required insurance policies, including endorsements effecting the coverage required by
these specifications.
G. Subcontractors
Subdivider shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
19. Title of Improvements
Title to, and ownership of, all improvements within accepted public right of way and public easements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of
such improvements by City, as evidenced by the filing of the Notice of Completion with the County
Recorder.
Subdivision Agreement -7
20. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the work performed under this agreement, any
structure or part of any structure furnished or installed or constructed, or caused to be installed or
constructed by Subdivider, or any of the work done under this agreement fails to fulfill any of the
requirements of this agreement or the specifications referred to herein, Subdivider shall without delay
and without cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part
or parts of the work or structure. Liability under the contracts of surety or guarantee referred to in
paragraphs 11 and 12 of this agreement shall be released upon the completion of all work and public
improvements to the satisfaction of the City Engineer as provided and permitted by the Subdivision
Map Act of the State of California. Should Subdivider fail to act promptly or in accordance with this
requirement, or should the exigencies of the case require repairs or replacements to be made before
Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or
perform the necessary work, and Subdivider shall pay to the City the actual cost of such repairs plus
fifteen percent (15%).
21. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be
agents of City in connection with the performance of Subdivider's obligations under this agreement.
22. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with
such diligence as will ensure its completion within the time specified, or any extensions thereof, or
fails to obtain completion of said work within such time. or if Subdivider should be adjudged a
bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's insolvency,
or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should
violate any of the provisions of this agreement, City Engineer or City Council may serve written notice
upon Subdivider and Subdivider's surety of breach of this agreement, or of any portion thereof, and
default of Subdivider.
23. Breach of Agreement. Performance by Surety or City
In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the
work and improvements herein specified; provided however, that if the surety, within thirty (30) days
after the serving upon it of such notice of breach, does not give City written notice of its intention to
take over the performance of the contract and does not commence performance City may elect to take
over the work and prosecute the same to completion, by contract or by any other method City may
deem advisable, for the account and at the expense of Subdivider, and in such event, City, without
liability for so doing, may take possession of and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work and
necessary therefor. The Subdivider shall be liable to the City for any excess costs, claims, damages,
liability, or expenses of whatever nature or kind, direct or indirect, including reasonable attorney fees
which are directly or indirectly caused by the execution and enforcement of this agreement.
Subdivision Agreement - 8
24. Notices
All notices herein required shall be in writing and delivered in person or sent by registered or certified
mail, postage prepaid. Notices required to be given shall be addressed as follows:
City:
City of San Rafael
P.O.Box 151.560
1400 Fifth Avenue
San Rafael, Ca. 94915-1560
Subdivider:
Masma Construction, Inc.
100 Drake's Landinc Road, Suite 250
Greenbrae, CA 94904
Subdivider Insurance Company:
Tilin, Lovell & Bernstein
1255 Post Street, Suite 615
San Francisco CA 94109
Surety of Subdivider:
Developer's Insurance Company
3100 Oak Road, Suite 260
Walnut Creek CA 94596
It is provided that any party or the surety may change such address by notice in writing to the other
party and thereafter notices shall be addressed and transmitted to the new address.
25. Binding of Agreement
This agreement shall bind, and the benefits inure to, the respective parties thereto, their legal
representatives, executors, administrators, successors in office or interest, and assigns.
26. Legal Fees
In the event that legal action is necessary to enforce any provision of this agreement, the prevailing
parry shall be entitled to reasonable attorney fees and legal costs.
27. Agreement an Offer Until Accepted by City
It is recognized that this agreement executed by the Subdivider is submitted at the time of application
for approval of the final subdivision map, and prior to approval of said final subdivision map, and
prior to approval of said final map by the City Council. Until approval of said final map and execution
of this agreement by City, this agreement shall constitute an offer and may be withdrawn or modified
by Subdivider, but upon such withdrawal, and until an executed agreement acceptable to City is
submitted. the entire application for final map shall be considered withdrawn.
Subdivision Agreement - 9
Dated this 15 thday of June 1998
CITY OF SAN RAFAEL: SUBDIVIDER
Albert Boro
Mayor
ATTEST:
A
J nM. Leoncini
CITY CLERK
APPROVED
FORM:
City Attorney
APPROVED AS TO CONTENT:
avid M. Bernardi
City Engineer
SUBIVIDER:
MASMA CONSTRUCTION,
By:
�an Madjlessi
President
(If the Subdivider executing thisveement is a
corporation, a certified copy of the By -Laws or
Resolution of the Board of Directors
authorizing officers of said corporation to
execute this agreement shall be annexed hereto.
Subdivider signature(s) must be Notarized.)
IMPROVEMENT AGREEMENT - 10