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Home My WebLink AboutCC Resolution 9853 (Professional Center Parkway)RESOLUTION NO. 9 8 5 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO EXECUTE THE MAINTENANCE AGREEMENT BETWEEN TARRANT & BELL PROPERTIES AND THE CITY OF SAN RAFAEL, AND TO ACCEPT THE EXTENSION OF PROFESSIONAL CENTER PARKWAY—NORTHVIEW SUBDIVISION. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, on November 15, 1994, the Planning Commission approved a tentative map entitled "Map of Northview Subdivision", which plans showed the extension of Professional Center Parkway; and WHEREAS, the developer had submitted improvement plans entitled "Improvement Plan -Professional Center Parkway Extension"; and WHEREAS, the improvement plans were reviewed and approved by the Department of Public Works; and WHEREAS, the construction of the roadway improvements was on an adjoining City property (AP# 155-050-53); and WHEREAS, the construction of the extension of Professional Center Parkway was completed; and WHEREAS, the form and sufficiency of the Maintenance Agreement and Maintenance Bond were reviewed and approved by the City Attorney and the City Engineer, respectively; and R;, WHEREAS, the public interest, convenience, necessity and welfare require that the improvements hereinafter mentioned be accepted and used for the benefit of the public of the City of San Rafael, California. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that Council hereby authorizes the Mayor to execute the Maintenance Agreement between Tarrant & Bell Properties and the City of San Rafael; and RESOLVED, FURTHER, that the Council does hereby accept the extension of Professional Center Parkway on an adjoining City's property by authorizing the City Engineer to file a Notice of Completion for the Professional Center Parkway Extension at the Marin County Recorder Office. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 2"d day of June, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Hellex, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JE M. LAN*,�Glerk -2- MAINTENANCE AGREEMENT This Maintenance Agreement ("Agreement") is made and entered into by and between TARRANT & BELL PROPERTIES, a California general partnership ("Tarrant & BelI"), and the CITY OF SAN RAFAEL ("City") Reference is made to those certain Plans and Specifications entitled Professional Center Parkway Extension. The purpose of this Agreement is to acknowledge acceptance of the improvements described in said Plans and Specifications and provide for their maintenance by Tarrant & Bell for a period of one (1) year from June 2. 1997 , the date of acceptance of said improvements by the City. 1. Title of Improvements. The parties hereto agree that title to and ownership of all improvements heretofore constructed by Tarrant & Bell, described in said Plans and Specifications, vest absolutely in the City. 2. Revair or Reconstruction of Defective Work. If, within a period of one (1) year after final acceptance of the work performed under the Plans and Specifications any improvements or part of any improvements furnished, installed or constructed or caused to be installed or constructed by Tarrant & Bell fails to fulfill any of the requirements of the Plans and Specifications, Tarrant & Bell shall without delay and without cost to the City repair, replace, reconstruct any defective work or materials. Should Tarrant & Bell fail to act promptly or in accordance with this requirement or should the nature of the case require repairs or replacements to be made before Tarrant & Bell can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Tarrant & Bell shall pay to the City then actual costs of such repairs plus fifteen percent (15%). a. Maintenance Bond. Prior to City's execution of this Agreement, Tarrant & Bell shall Furnish to the City a maintenance bond or cash security deposit in the amount of $119,000, in a form satisfactory to the City Engineer and the City Attorney, guaranteeing Tarrant & Bell's performance of its obligations under this Agreement. b. Notice of Breach and Default. Should Tarrant & Bell fail to perform any of its obligations under this Agreement, City Engineer or City Council may serve written notice upon Tarrant & Bell and Tarrant & Bell's surety under the Maintenance Agreement, of the breach of this Agreement and the default by Tarrant & Bell. c. Breach of Aareement Performance by Surety or Citv. In the event of any such notice, Tarrant & Bell'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 expense of Tarrant & Bell, and in such event, City without liability for so doing, may take possession of and utilize in completing the work, such materials, appliances, plants and other property belonging to Tarrant & Bell as may be on the site of the work and necessary therefor. Tarrant & Bell 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 attorneys' fees which are directly or indirectly caused by the execution and enforcement of this Agreement. d. Indemnification and Securitv for Claims.. Tarrant & Bell agrees to indemnify and hold harmless City against any payment claims by contractors, subcontractors, labors, materialmen for labor, services, equipment or material furnished in connection with the grading, drainage and street improvement work performed by Tarrant & Bell on the Professional Parkway Center Extension and any third party personal injury or property damage claims alleged to have been caused as the result of the performance of said work. Said duty to indemnify shall include attorneys' fees and other litigation costs incurred in defending against said claims. e. Leval Fees. In the event that legal action is necessary to enforce any provision of the Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and legal costs. 3. Notices. All notices herein required shall be in writing delivered to in person or sent by registered of certified mail postage prepaid. Notices required to be given 11 shall be addressed as follows: City Engineer City of San Rafael P.O. Box 151560 San Rafael, CA 94915 Tarrant & Bell Properties 3570 Redwood Highway San Rafael, CA 94903 Dated this 15th day of May, 1997 CITY OF SAN RAFAEL: TARRANT & BELL PROPERTIES, %� a California general partnership Albert 18oro, mayor 1 By: �� a-. [�"-'�i ,�� •� Edward Tarrant, Partner ATTEST: By: Edward bell, Partner J6'n' M Leoncini, City Clerk APPR OO, S O FORM: L;,� Gary T. R�gghianti/tity Attorney APP VED AS TO CONTENT: ,Jr bavid M. Bernardi, City Engineer