HomeMy WebLinkAboutCC Resolution 7243 (Oakwood Unit 1)RESOLUTION NO 7243
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL CONDITIONALLY
AUTHORIZING THE SIGNING OF A NEW AGREE-
MENT FOR SUBDIVISION IMPROVEMENTS IN
OAKWOOD UNIT NO. 1, SAN RAFAEL, CALIFORNIA
WHEREAS, Paul J. Felton was previously a party to an agree-
ment for subdivision improvements in Oakwood Unit No. 1, dated March
19, 1984; and
WHEREAS, it is Mr. Felton's intent to sell his interest in
Oakwood Unit No. 1 and to terminate his contractural obligations with
the City of San Rafael for construction of improvements within said
subdivision; and
WHEREAS, the new subdivider, Linda J. Calef, has presented a
new agreement for subdivision improvements within Oakwood Unit No. 1
for Council consideration, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of San Rafael that the Mayor and City Clerk are authorized to
execute, on behalf of said City, the agreement for subdivision improve-
ments within Oakwood Unit No. 1, subject to the City Attorney's review
and approval of said agreement and required contract security.
BE IT FURTHER RESOLVED that upon the adoption of this
resolution, the agreement for subdivision improvements dated March 19,
1984 between Paul J. Felton and the City of San Rafael, is hereby
terminated.
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 16th day of December, 1985, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
/l
JE M. I!NCI90I City Clerk
7 a .SL,-�
AGREEMENT
(SUBDIVISION IMPROVEMENTS)
THIS AGREEMENT Is made this 111b day of -December. 1985, and Is entered
Into by and between the City of San Rafael, hereinafter referred to as "City", and
Linda Calef, hereinafter referred to as "Subdivider", both of whom understand as
follows:
RECITALS:
Subdivider has presented to City for approval a final
subdivision map (hereinafter called "Map") entitled "Map of
Oakwood Unit No. 1."
The Map has been filed with the City Clerk of City 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 all those certain improvements
required by City in connection with the approval of the Oakwood
Unit No. 1 subdivision and described in Exhibit "A" attached
hereto and incorporated herein, including all streets, highways
or public ways and public utility facilities which are a part of
the real property of Developer shown upon the Map (hereinafter
called "Subdivision"), all in accordance with, and as required
by, the plans and specifications for all or any of said
improvements within 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 19th day of March ,
1984, adopted its Resolution approving Map, and has accepted the
dedications therein offered, or some thereof, on condition that
Subdivider first enter into and execute this agreement with City,
and meet the requirements of said resolution; and
This agreement is executed pursuant to the provisions of the
Subdivision Map Act of.,the State of California and Ordinance No.
546 (as amended) of City.
NOW THEREFORE, for and in consideration of the approval of
the Map and of the acceptance of the dedications or some thereof,
therein offered, and in order to insure satisfactory performance
by Subdivider of Subdivider's obligations under 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 expense, in a good and workmanlike
manner, and furnish all required materials, all under the direc-
tion and to the satisfaction of the City Engineer of City, all of
the following work and improvements within or necessary for the
Subdivision, to wit: Construct and complete all of the improve-
ments described in Exhibit 'A' hereto, including, but not limited
to, all streets, highways or public ways and public utility
facilities which are a part of the Subdivision designat4d on said
Map, all in accordance with, and as required by, the plans and
specifications for all or any of said improvements within the
limits of said Subdivision, which plans and specifications are
now on file in the office of the City Engineer of City, and
Subdivider shall also do all WhO v,urk and furnish all othcr materials necessary in
the option of the City Engineer, and on his order, to complete the improvements in
accordance with the plans and specifications on file as hereinbefore specified, or
with any changes required or ordered by said Engineer, which in his opinion 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 and which are now on file in his office, and to the
satisfaction of said City Engineer.
3. Work: Time for Performance.
(a) City shall not issue any building permit for the private development of
any lot within the Subdivision, nor shall Subdivider sell or convey any individual lot
within the Subdivision, until the construction of all of the streets, highways or public
ways and public utility facilities for said Subdivision has been completed or the completion
thereof has been secured by the posting, pursuant to the provisions of subparagraph
11(a) of this agreement, of bonds, letters of credit or such other security as may
be acceptable to City. None of the foregoing, however, shall be deemed to or shall
preclude the Subdivider's sale or conveyance of all the lots within the Subdivision
as a unit; and in the event of any such sale, the provisions hereof shall be binding
upon the purchaser and his successors in interest.
(b) City hereby fixes the date for the completion of said work to be June 16,
1987. At least fifteen calendar days prior to the commencement of work hereunder.
Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for
commencement thereof, so that City Engineer shall be able to provide services of
inspection.
(c) Subdivider shall not commence the construction of any of the improvements
provided for in this agreement unless and until Subdivider has posted the bonds, letters
of credit or other security acceptable to City as provided for in subparagraph 11(a)
of this agreement.
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 time for completion of
the improvements hereunder. 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.
5. Repairs and Reolacements.
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, and Subdivider shall replace or have replaced, repair, or have repaired,
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 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
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the City or by any public or private corporation, or by any per-
son 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.
6. Utility De�osits - Statement.
Subdivider shat file with the City Clerk, prior to the com-
mencement of any work to be performed within the area delineated
on the Map, a written statement signed by Subdivider, and each
public utility corporation involved, to the effect that Subdi-
vider has made all deposits 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 Subdivision.
7. Permits; Compliance with Law.
Subdivider shall, at Subdivider's expense, obtain all neces-
sary permits and licenses for the construction of such improve-
ments, give all necessary notices and pay all fees and taxes
required by law.
B. Su erintendence 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.
9. Inspection by City Engineer.
All improvements required hereunder
City Engineer. Subdivider shall at all
facilities, and provide safe access for
neer, to all parts of the work, and to
is in preparation.
shall be inspected by
times maintain proper
inspection by City Engi-
the shops wherein the work
10. Contract Security.
Concurrently with the execution hereof, Subdivider shall
furnish a deed of trust ( in the form heretofore approved by City)
granting City a security interest in the Subdivision for the
purpose of assuring to City the performance of Subdivider's
obligations under this agreement.
11. Release of Lien of Deed of Trust.
(a) In event Subdivider desires at any time to have the
Subdivision released from the lien of the deed of trust pro-
vided for in paragraph 10 of this agreement, City shall take
all steps reasonably necessary to cause the lien of said deed
of trust to be released and reconveyed, provided that Subdi-
vider has furnished:
(1) A surety bond, in amount equal to at
least one hundred percent of the contract
price for the work provided for in this agree-
ment which remains to be done, as security for
the faithful performance of this agreement;
and,
(2) A separate surety bond, in an amount
equal to at least fifty percent of the con-
tract price, as security for the payment of
all persons performing labor on and furnishing
materials to the Subdivision in connection
with work done provided for in this agreement.
The surety on each of said bonds and the form thereof shall
be satisfactory to the City Attorney.
(t)) In the event that eith-� Cit-, o? Suhividel F"', d
at any time commence, undertake or request the commencement
or undertaking of reversion to acreage proceedings for the
Subdivision in accordance with the provisions of paragraph 25
of this agreement, City shall, upon the completion of said
reversion to acreage proceedings, take all steps reasonably
necessary to cause the lien of the deed of trust provided foi
in paragraph 10 of this agreement to be released and recon-
veyed and, notwithstanding any other provision of this agree-
ment, Subdivider shall not be required to post the bonds
described in subparagraph 11(a) of this agreement.
12. Hold -Harmless Agreement.
Subdivider hereby agrees to, and shall, hold City, its elec-
tive 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's or
Subdivider's contractors', subcontractors', agents' or employees'
operations under this agreement, whether such operations be done
by Subdivider or by any of Subdivider's contractors, subcontrac-
tors, or by any one or more persons directly or indirectly
employed by, or acting as agent for, Subdivider or any of Subdi-
vider's contractors or subcontractors. Subdivider agrees to, and
shall, defend City and its elective and appointive boards, com-
missions, 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;
provided as follows:
(a) That City does not, and shall not, waive any rights
against Subdivider which it may have by reason of the afore-
said hold -harmless agreement, because of the acceptance by
City, or the deposit which City by Subdivider, of any of the
insurance policies described in paragraph 13 hereof.
(b) That the aforesaid hold -harmless agreement by Sub-
divider 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 referred to in this
paragraph, regardless of whether or not City has prepared,
supplied or approved of, plans and/or specifications for the
Subdivision, or regardless of whether or not such insurance
policies shall have been determined to be applicable to any
of such damages or claims for damages.
13. Subdivider's Insurance.
Subdivider shall not commence work under this agreement until
Subdivider shall have obtained all insurance required under this
paragraph, nor shall Subdivider allow any contractor or subcon-
tractor 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.
(a) Compensation Insurance. Subdivider shall maintain,
during the life of this agreement, Workmen's Compensation
Insurance for all of Subdivider's employees employed at the
site of improvement, and in case any work is sublet, Subdi-
vider shall require any contractor or subcontractor similarly
to provide Workmen's Compensation Insurance for all con-
tractors' or subcontractor's employees, unless such employees
are covered by the protection afforded by Subdivider. In
case any class of employees engaged in work under this agree-
ment at the site of the project is not protected under any
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Workmen's Compensation law, Subdivider shall provide, and
shall cause each contractor and sub -contractor to provide,
adequate insurance for the protection of employees otherwise
protected. Subdivider hereby indemnifies City for any damage
resulting to it from failure of either Subdivider o>• any
contractor or subcontractor to take out or maintain such
insurance.
(b) Public Liability and Property Damage Insurance.
Subdivider shall take out and maintain during the life of
this agreement such public liability and property damage
insurance as shrill insure City, its elective and appointive
boards, commissions, officers, agents and employees, Subdi-
vider and any contractor or subcontractor performing work
covered by this agreement from claims for damages for per-
sonal injury, including death, as well as from claims for
property damage which may arise from Subdivider's or any
contractor's or subcontractor's operations hereunder, whether
such operations be by Subdivider or any contractor or subcon-
tractor, or by any one directly or indirectly employed by
either Subdivider or any contractor or subcontractor, and the
amounts of such insurance shall be as follows:
(1) Public Liabilit Insurance. In an
amount not less than $1,00,000 for injuries,
including, but not limited to, death, to any
one person and, subject to the same limit for
each person, in an amount not less than
$5,000,000.00 on account of any one
occurrence;
(2) Property Damage Insurance. In an
amount of not less than $500,000.00 for damage
to the property of each person on account of
any one occurrence.
(c) Cross -Liability Endorsement. In the event that any
of the aforesaid insurance policies provided for in this
paragraph 13 insures any entity, person, board or commission
other than those mentioned in this paragraph, such policy
shall contain a standard form of cross -liability endorsement,
insuring on such policy City, its elective and appointive
boards, commissions, officers, agents and employees, Subdi-
vider and any contractor or subcontractor performing work
covered by this agreement.
14. Evidence of Insurance.
Subdivider shall furnish City, prior to the commencement of
any work provided for pursuant to this agreement, with satis-
factory evidence of the insurance required, and evidence that
each carrier is required to give City at least ten days' prior
Notice of the cancellation or reduction in coverage of any policy
during the effective period of this agreement.
15. Title to Improvements.
Title to, and ownership of, all improvements constructed
hereunder by Subdivider within dedicated right-of-ways or
dedicated easements shall vest absolutely in City, upon
completion and acceptance of such improvements by City.
16. 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 and/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 require-
ments of this agreement or the specifications referred to herein,
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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
requirement, of 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 replace-
ments or perform the necessary work, and Subdivider shall pay to
City the actual cost of such repairs plus fifteen (15) percent.
17. Subdivider not Agent of Cit .
Neither Subdivider nor any of Sudivider's agents or con-
tractors are or shall be considered to be agents of City in
connection with the performance of Subdivider's obligations under
this agreement.
18. Cost of Enqineering, Plan Check and Inspection.
Subdivider shall pay to the City all plan check and
inspection costs as required by Section 15.20.070 of the San
Rafael Municipal Code, said cost to be paid at the time of
construction of the improvements required hereunder by Subdivider
based upon the then current estimate of Subdivider's Engineer as
approved by City.
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 of said work within the time speci-
fied, or any extensions thereof, or fails to obtain completion of
said work within such time, or if the Subdivider should be
adjudged a bankrupt, or Subdivider should make 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, subcontrac-
tors, agents or employees, should violate any of the provisions
of this agreement, City Engineer or City Council may serve writ-
ten notice upon Subdivider and (if Subdivider has theretofor
posted the bonds provided for in subparagraph 11(a) of this
agreement) Subdivider's surety of breach of this agreement, or of
any portion thereof, and default of Subdivider.
20. Breach of Agreement; Performance by SuretXX or City.
(a) In the event that City, prior to Subdivider's
posting of the bonds provided for in subparagraph 11(a) of
this agreement, gives Subdivider notice pursuant to the
provisions of paragraph 19 of this agreement City shall have
the right (unless Subdivider, within thirty (30) days after
City's notice, cures the default, commences curing the
default and diligently pursues such curing to completion, or
requests that the Subdivision be reverted to acreage pursuant
to the provisions of paragraph 25 of this agreement) to
foreclose, either judicially or through the power of sale
contained in the deed of trust described in paragraph 10 of
this agreement, upon the Subdivision under and pursuant to
said deed of trust in order to recover the cost and/or damage
theretofore or thereafter incurred by City in connection with
its taking over of the work and either (in City's sole dis-
cretion) prosecuting the same to completion or restoring the
Subdivision to its original condition 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
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other property belonging to Subdivider as may be on the site
of the work and necessary therefor; and in the event City so
forecloses, the proceeds from said foreclosure sale shall be
held by the Court or Trustee under the deed of trust (as the
case may be) until the City's total cost and/or damage has
been ascertained and then distributed first for the payment
of the expenses of foreclosure, then to the City in the
amount of its total cost or damage, and finally the balance
to be distributed in the manner provided for by law.
(b) In the event that City, after Subdivider has posted
the bonds provided for in subparagraph 11(a) of this agree-
ment, gives Subdivider's surety notice pursuant to the provi-
sions of paragraph 19 of this agreement, Subdivider's surety
shall have the duty to take over and complete the work and
the improvement herein specified; provided, however, that if
the 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 excess 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.
21. Notices.
All notices herein required shall be in writing, and
delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to City shall be addressed as
follows:
CITY OF SAN RAFAEL, C/O CITY ENGINEER
CITY HALL, SAN RAFAEL, CALIFORNIA.
Notices required to be given to Subdivider and/or to any
surety of Subdivider shall be addressed as follows:
Linda J. Calef
220 Redwood Highway, ir147
fill Valley, California '94941
Any party may change such address by notice in writing to the
other party, and thereafter notices shall be addressed and
transmitted to the new address.
22. Warranty that Plans and S ecifications are Adequate.
Subdivider warrants that the pans and specifications above
described are adequate to accomplish all of the improvement work
contemplated by this agreement in a good and workmanlike manner,
and in 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 con-
struction practices.
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23. Attorney`s Fees and Exeenses of Litiqation.
Should City required to institute legal action to compel
performance of this agreement, Subdivider agrees to pay all rea-
sonable attorney's fees, costs of suit, and all other expenses of
litigation incurred by City in connection therewith.
24. "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.
25. Reversion to Acreage.
Should Subdivider fail to complete the construction of the
improvements provided for in this agreement at the time provided
for in paragraph 3 hereof, City may, on its own initiative, cause
the Subdivision to be reverted to acreage in accordance with the
provisions of Sections 66499.11 et seq. of the California
Government Code. Furthermore, should Subdivider fail to complete
the construction of the improvements provided for in this
agreement within the time provided for in paragraph 3 hereof and
be unable or unwilling to obtain an extension of time pursuant to
the provisions of paragraph 4 of this agreement, or should
Subdivider elect to not proceed with his development or with the
improvements provided for in this agreement, City shall, upon the
written request of Subdivider and upon Subdivider's payment of
all fees and costs incurred by the City in connection with such
reversion to acreage (and provided that Subdivider has not yet
posted the bonds provided for in subparagraph 11(a) of this
agreement), cause the Subdivision to be reverted to acreage in
accordance with the provisions of Sections 66499.11 et seg. of
the California Government Code. By execution of this agreement,
Subdivider and City shall each be deemed to have consented to and
waived any objections with respect to any reversion to acreage
proceedings undertaken in accordance with the provisions of this
paragraph 25. In the event of any such reversion to acreage, all
rights, duties and obligations of the parties hereunder shall
terminate and be of no further force or effect.
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26. Attach -tent to Deed of Trust. A copy of this agreement shall be attached
as Exhibit "1" to the deed of trust provided for in paragraph 10 of this agreement.
Notwithstanding such attachment of said deed of trust, however, any reconveyance
of the lien of the deed of trust provided for in paragraph 10 of this agreement shall
not, in and of itself, operate to terminate or otherwise modify or be deemed satisfaction
of Subdivider's obligations pursuant to the provisions of this agreement; and the termination
and/or satisfaction of said obligations shall be governed soley by the provisions of
this agreement.
CITY OF SAN RAFAEL
MAYOR
ATTEST: By
C14 CLERK
(If the Subdivider executing
this agreement is a corporation,
a certified copy of the By -Laws
Resolution of the Board of
Directors authorizing officers
of said corporation to execute
this agreement shall be annexed
hereto)
APPRO ED S TO SUFFIC NC Y:
CITY ENGINEER
CITY MANAGER
SUBDIVIDER
-g-
PPROV AS TO ORM:
r .
CITY ATTORNEY
SUBDIVISION IMPROVEMENTS
1. Construction of the extension of Clorinda Avenue as a
public street.
2. Construction of all storm drain, sanitary sewer and
utility systems which are appurtenant to the extension of
Clorinda Avenue and which are necessary to serve Lots 1 through
17, inclusive, as shown upon the Map (as said term is defined in
the agreement to which this Exhibit "A" is attached).
3. Construction of offsite drainage improvements from "D"
Street to Clark Street.
4. Stabilization and/or mitigation of any unstable areas,
as recommended by the project soils engineer, within the proposed
open space designated on the Map as the "Clorinda Open Space".
5. Dedication, upon the completion of the construction of
all other improvements required by the provisions of the agree-
ment to which this Exhibit "A" is attached, of the area desig-
nated on the Map as the Clorinda Open Space, said dedication to
be accomplished by the recordation of a grant deed from Subdi-
vider granting said Clorinda Open Space to City for open space
uses, as that term is currently defined in California Government
Code Section 65560, said grant deed to recite that the grant is
upon the express condition that said Clorinda Open Space shall
continue to be used in perpetuity for open space uses only.