HomeMy WebLinkAboutCC Resolution 7410 (Civic Center North)RESOLUTION NO. 7410
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL APPROVING PARCEL MAP OF
SUBDIVISION ENTITLED "CIVIC CENTER NORTH"
WHEREAS, the Subdivision Committee of the City of San Rafael,
State of California, did on August 18, 1986, in writing, recommend to
the City Council of said City the approval of the parcel map of "Civic
Center North" consisting of two sheets hereinafter referred to; and
WHEREAS, it appears to said City Council and said City
Council hereby finds and determines 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 parcel map of said sub-
division, approved by the Subdivision Committee of said City on
December 20, 1985, and entitled "Civic Center North", 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 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,
"AGREEMENT (SUBDIVISION IMPROVEMENTS) CIVIC CENTER NORTH", being the
agreement required by Section 15.20.080 of said ordinance, shall, when
executed and filed by 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 so
to do;
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 said ordinance apper-
taining
to
said agreement and bond and
the recordation of said
RESOLUTION NO. 7410
map, the City accepts the dedication of all public streets, public
utility easements and anchor easements, all as shown thereon for public
use as such, and 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 regular meeting of the Council of
said City held on the 18th day of August, 1986, by the following vote,
to wi t:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Russom
A
JE ), M. LEONCINV, City Clerk
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A G R E E M E N T
(SLIBUIVISION IMPROVEMENTS)
THIS AGREEMENT' is made this I day of AUG ,19 su , and is
entered into by and between the City of San Rafael, hereinafter referred to as "City", and G O S Joint
Venture, A California General Partnership , hereinafter referred to as "Subdivider"
both of whoa understand as follows:
RECITALS:
Subdivider has presented to City for approval a final subdivision map (hereinafter called "Nap"
cntizled " Parcel Map of Civic Center North, San Rafael, California "
The map has been filed with the City Clerk of City for presentation to the City Council of the
Cwt; =or 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 im-
prov_n_nts, includin:i all streets, highways or public ways and public utility facilities which are a part
of, or a_purtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in
acceralance with, and as required bl, 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 City.
Council of said City on the �2� day of A 6 119 121(p , adopted
its :.t:�sol_tion approving map, and has accepted iho dedications therein offered, or some thereof, on con-
ditio= that Subdivider first enter into and execute this agreement with City, and meet the requirements
of said rrisolut.lon; and
:his agreement is executed pursuant to the provisions of the Subdivision Map Act of the State
of California and Ordinance No. 545 (as amended) of City.
NOW THEF= FORT;, for and in consideration of the approval of the [dap and of the acceptance of the
dudic-ations or sore thereof, therein offered, and in order to insure satisfactory performance by Subdivi-
dier of St:bdivider's obligations u:der said Subdivision Map Act and said ordinance, the parties agree as
follows:
1. Performance of Work.
Subdivider will do and perform, or cause to be done and performed, at Subdivider's own ex-
pense, in a good ana workmanlike manner, and furnish all required materials, all under the
direction and to the satisfaction of the City Engineer of City, all of the following work
and improvements within (and/or without) the subdivision, to wit:
Construct and complete all of the improvements, including all, but not limited to, streets,
highways or public ways and public utility facilities which are a part of, or appurtenant
to, the suladivision designated in said map, all in accordance with, and as required by, the
Plans and specifications for all or any of said improvements in, or appurtenant to, or out-
side the Limits of said subdivision, which plans arid specifications are now on file in the
office of the City Engineer of City, and Subdivider shall also do all other work and furnish
all other materials necessary in the opinion of the City Engineer, and on his ord,:r, to com-
plete the improvements in accordance with the plans and specifications on file as hereinbe-
fore specified, or with any changes required or ordered by said Engineer, which in his opin-
ion are necessary or required to complete the work
2. 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, heretofore approved
by the City Engineer anE which are now on file in his office, and to the satisfaction of
said City Engineer.
i 3. work; Time for Commencement and Performance.
City hereby fixes the time for the commencement of said work to be on the day
of A U6 , 19BLO_, and for its completion to be within
548 (18 months) calendar days thereafter. At least fifteen calendar dayr
prior to the comTencement of work hereunder, Subdivider shall notify City Engineer in writ -
ins of the date fixed by Subdivider for commencement thereof, so that City Engineer shall
be able to provide services of inspection.
4. Time 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 'lime for completion of the improvements hereunder
Any such extension ray be granted without notice to the Subdivider's surety, and extension,
so granted shall not relieve the surety's liability on the bond to secure the faithful per-
formance 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.
5. Repairs and Replace^encs.
Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may
be, all pipes and monuments shown on the man which have been destroyed or damaged, and
Subdivider snall replace or have replaced, repair, or have repaired, as the case may be,
or pay to the owner, tate entire cost of replacement or repairs, of any and all property
damaged or destroyed b, reason of any work done hereunder, whether such property be owned
by the united States or any agency thereof, or the State of California, or any agency or
political subdivision thereof, or by the City or by any public or private corporation, or
by any parson whomsoever, or by any combination of such owners. Any such repair or replace
ment shall be to the satisfaction, and subject to the approval, of the City Engineer.
6. Utility Deposits - Statement.
Subdivider shall file with the City Clerk, prior to the commencement of any work to be per-
formed within the area delineated on the :nap, a :mitten statement signed by Subdivider, and
each public utility corporation involved, to the effect that Subdivider has made all de-
posits legally required by such public utility corporation for the connection of any and
all public utilities to be supplied by such public utility corporation within the subdi-
vision.
7. 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.
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F. suv_rintendence by Subd.ivider.
Subdivider shall :Live personal Superintendencit to th,! work on said .improvement, or have a
con_)etent foreman or superintendent, satisfactory to the City Enginecr, on the w.irk aL• all
ti.s:es during prugreSS, with authority to act for Subdivider.
9. Inspection by City Engineer.
All irprovements required hereunder shall be inspected by City F.nryincer. Subdivider shal'
at all times maintain proffer facilities, and provide safe access for inspection by City
Eny_r:eur, to all parts of the work, and to the shops wherein the work is in preparation.
10. Contract Security.
Concdrrently wit:r th,_ xecuti.on hereof, Subdivider shall furnish:
(1) a surety bond in _mount equal to at least- one hundred percent of the contract price ae
security for the dithful performance of this agreement; and (2) a separate surety bond ix
an a:v3unt equal to at lers,t fifty percent of the contract price as security for the paym_n'
of all persons performing labor an -d furnishing materials in cunnection with this agreement.
The surety on each of said bonds and the form thereof shall be satisfactory to the City
Attorney.
11. Agree -.,-'rt.
Sub-aiviciar hereb; agrees to, and shall, hold City, its elective and appointive boards,
con�iissions, officers, agents and employees, harmless from any liability for damage or
clai^:s for da;:rage for personal injury, including death, as well as Lrom claims for Property
da:;,age which may arise fr.-1 Sul.3ivider's or Subd.ivider's contractors', subcontractors',
meats' or rmolo'{ees' Operations Mader this agrer_•ment, whether such operations be by Sub-
divicer or by any of Subdivider's contractors, subcontractors, or by any one or core per-
sons dir,-cL•ly or indirectly employed by, or acting as ngont for, Subdivider or any of Sub:'.:
:-ider's contractor, or subcontractors. Subdivider agrees to, and shall, defend City and
its elective anJ appointive boare+, commissions, officers, agents and employees from any
suits of actions at law or in equity for damagees caused, or alleged to have been caused,
by reason of any o: Lha aforesaid operations; provided as follows:
a. Thac City does :hoc, and shall not, waive any rights against. Subdivider which it may
,.ava Lv r_,.ason of the aforesaid hold -harmless agreement, because of the acceptance by
Cwt_, or t.ne d,..osit with City by Subdivider, of any of the insurance policies des -
in ijar.agraph 12 hereof.
b. That the aforesaid hold -harmless agreement- by Subdivider shall apply to all damages
anj claims for damages of every kind suffered, or alleged to have been sufferei, by
reason of any of the aforesaid operations referred to in this paragraph, regardless of
whether or not City has prepared, supplied or approved of, plans and/or specifications
for the subdivisi.nn, or regardless of whether or not such insurance polici.eS shall hav-'
bcrr_n Cucerminc•d to be applicable to any of such damages or claims fur dama;es.
12. S.:ndivider' Insurance_,
Subdivider shall no L• cormnence work under this agreement until Subdivider shall have Obtain.
all insurance regairod under this paragraph, nor shall Subdivider allow any contractor or
subcontractor to c;,;.mience work on his contract or subcontract until all similar insurance
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recuired of the contractor or subcontractor shall have been so obtained and approved. t-.11
requirements herein provided shall appear either in the body of the insurar.co policies or
as endorsements and shrill specifically bind the insurance carrier.
a. Comaensation Insurance.
Subdivider shall maintain, during the life of this agreement, Workmen's Compensation
Insurance for all Subdivide is employees employed at the site of improvement, and in
case any work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Compensation Insurance for all contractor's or subcon-
tractor's employees, unless such employers arc covered by the protection afforded by
Subdivider. In case any class of eriployctes engaged in work under this acnreement at
the site of the project is not protected under. any Workmen's Compensation law, Subdi-
vider shall provide, and shall. cause each contractor and sub -contractor to provide,
ace %tate insurance for the protection of employees riot otherwise protected. Subdivi:r
herc_t-y indemnifies City for any damage resulting to it from failure of either Subdi-
vider or any contractor or subcontractor to take out or maintain such insurance.
t. Public L.iabilit;Y and Property Damage Insurance.
Subdivider shall take cut and maintain during tho life of this agreement such public
liability and prc-perty damage insurance as shall insure City, its elective Wind appoint
ive boards, corm.isnions, effi.cers, agents and er:iployees, Subdivider and any contractor
or subcontractor performing work covered by this agreement from claims for damages for
personal injury, including death, as well as from claims for property damage which
arise from Subdivide='s or any contractor's or subcontractor's operations hereunder.,
whether such op -rations be by Subdivider or any contractor or subcontractor, or by any
one directly or indirectly employed by either Subdivider or any contractor or subcon-
tractor, ani the amounts of such insurance shall be as follows:
(1) Public Liabilitv Insurance.
In an a.rount not less than sl,0oo,000 for injuries, including, but not limited
to, death, to any one parson and, subject- to the same limit for each person, in
an azo°tint riot less than $5,000,000 on account of any one occurrence;
(2) Prcpertv Damage Insurance.
In an amount of not less than c500,000 for damage to the property of each per-
son or. account of anv_ one occurrence.
C. Cress -Liability Endorsement.
In the event that any of the aforesaid insurance policies provided for in this para-
graph 12 insures any entity, person, board or coririi.ssion other than those mentioned in
t!..is paragraph, such policy shall contain a standard Corm of cross -liability endorse-
c,=_n insuring or such policy City, its elective and appointive boards, commissions,
offic_rc, agents and eaployues, Subdivider and any r.ontractor or subcontractor perforr-
ing work covered by this agreement.
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13. Evidence of Insurance.
Subdivider shall furnish City concurrently with the execution hereof, with satisfactory
evidence of the insurance required, and evidence that each carrier is required to give
Cit.: at least ten days' prior notice of the cancellation or reduction in coverage of any
policy during the effective period of this agreement.
14. Title to Improvements.
Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest
absolutely in City, upon completion and acceptance of such improvements by City.
15. Repair or Reconstruction of Defective [Bork.
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 and/or installed or constructec:
or caused to be installed or constructed by Subdivider, or any of the work done under this
agrc-e•ment, fails to fulfill any of the requirements of this agreement or the specifications
referred to herein, Subdivider shall without delay and without any cost to City, repair or
replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work
or structure. Should Subdivider fail to act promptly or in accordance with this require-
ment, or should the erige!ncies of the case require repairs or replacements to be made be-
fore Subdivider can be notified, City may, at its option, make the necessary repairs or re-
placements or perform the necessary work and Subdivider shall pay to City the actual cost
of such repairs plus fifteen (15) percent.
16. 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.
17. Cost of Engineering and Inspection.
Subdivider shall pay to the City all inspection costs as required by Section 15.20.070 of
the San Pafael Municipal Code.
19. 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 insure its completion within the time specified, or
any entensions thereof, or fails to obtain completion of said work within such time, or if
the Sul -divider should be adjudged a bankrupt, or Subdivider should maize a general assign-
ment for the benefit of Subdivider's creditors, or if a receiver should be appointed in
the event 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.
19. Breach of Aqreement; 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 the improvement herein specified; provided, however, that if the
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surety, within five 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 thereof within five days after notice to City of such
election, City may 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 Subdivider and Subdivider's surety shall be liable to City for any ex-
cess cost or damages occasioned City thereby; 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.
20. Notices.
All notices herein required shall be in writing, and delivered in person or sent by regis-
tered :ail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
CI'T'Y OF SAN RAFAEL, C/O CITY ENGINEER, CITY I1A.LL, SAN RAFAEL, CALIFORNIA.
Notices required to be given to Subdivider and/or Subdivider's surety shall be addressed
as follows: GOS Joint Venture, c/o Mr. Joe She kou, Hnats Carlstrilction
2169 C Francisco Blvd.. San Rafael. CA 94901
provi6ed 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.
21. Warrant• that Plans and Specifications are Adequate
Subdivider warrants that the plans and specifications above described are adequate to
accomplish all of the improvement work contemplated by this agreement• in a good and work-
manlike manner, and Ln accordance with accepted construction practices. Should said plans
and specifications at any time within a period of one year after final acceptance of the
work performed hereunder prove to be inadequate in any respect, then Subdivider does agree
to make such changes as are necessary to accomplish said work in a good, workmanlike manner,
and in accordance with accepted construction practices.
22. Attorney's Fees and Expenses of Litigation.
Should City be required to institute legal action to compel performance of this agreement,
Subdivider agrees to pay all reasonable attorney's fees, costs of suit, and all other ex-
penses of litigation incurred by City in connection therewith.
23. "As Built Plans".
A complete improvement and grading plan "as built" shall be filed with the City Engineer
upon completion of the said work and improvements.
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(_r the Subdivider executing this
acreea._nt is a corporation, a
cezti`ied copy of the By -Laws or
Resolution of the Board of Directors
authorizing officers of said corpora-
tion to execute this agreement shall
be annexed hereto.)
AIPPOVE3 AS TO SUFFICIENCY:
Engineer
a ??? OVE D
Manager
FORr0i/or
t eyr r
CITY OF SAN RAFIIEL
(Seal) y y�
Z_
Aye.. c ��
Mayor
By �y C rk
At City Clerk````
ubdivider
IIy�`��
s�
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