HomeMy WebLinkAboutResolution No. 6059RESOLUTION NO. 6059
RESOLUTION APPROVING FINAL MAP OF SUBDIVISION
ENTITLED, " SPINNAKER POINT UNIT 3 it
WHEREAS, the Planning Commission of the City of San Rafael,
State of California, did on February 2 , 19 81, in writing,
recommend to the City Council of said City the approval of the final
map of " SPINNAKER POINT UNIT 3 or, consisting
of five 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 re-
quirements 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 sub-
division, approved by the Planning Commission of said City on
January 27 , 198_, and entitled, " S TNNAKRR POINT
UNIT 3 ", 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,
"AGREEMENT (SUBDIVISION IMPROVEMENTS) SPINNAKER POINT
UNIT 3 ", 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
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RESOLUTION NO. 6059
final map, all in accordance with the requirements of said ordinance
appertaining to said agreement and bond and the recordation of said
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 2nd day of February ,
19 81, by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILPI'EMBERS : None
M. LEONCINI,
9
3A Y
SPINNAKER POINT UNIT 3
A G R E E 1.1 li N T
(SUlIDIVISION IMPROVEMENTS)
TIIIS AGREEMENT is made this 2nd day of February,and is
entered into by and between the City of San Rafael, hereinafter referred to as "City", and
Santa Barbara Savings and Loan Association _ )iercinafler referred to as subdivider"•
both of whom understand as follows:
RECITALS:
Subdivider has presented to City for approval a final Subdi-vision map (hereinafter called "Map"
entitled „ Spinnaker Point Unit III
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 c=onstruction and completion of im-
provementS, .including all streets, highways or public ways and puhlic 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,
alr),urtunanL Lu, or outside the limits of subdivision, which !dans and specifications are now on file in
the office of the City Engineer of City.
Council of Said City on the 2nd day of: February�� 81
--------- - -- ------------ _, adopted
its Resolution approving map, and has accepted the dedicatinns therein offered, or some thereof, on con-
01 tiun 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. 5.76 (as amended) of City.
NUW 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 satisfactnry performance by Subdivi-
rlr•t Of :;ub.Jrvrder's oblig;rL.tuns undor said Subdivision Map Act and :;aid ordinance, the parties agree as
fullows:
1. pertormance of Work.
Subdivider will do and perform, or cause to be done and performed, at Subdivider -s own ex-
pense, in a good and workmanlike manner, and fnrnish all required n,atorials, all under the
direction and to the satisfaction of the City Enyinr.er of City, all of the following work
and improvements within (and/or w.ithrrut) the subdivr:;irrn, to wit:
Construct and complete all of Lila improvements, including all, but not limited to, streets;,
highways or public ways and public utility facclit.tr, which are a part of, or appurtenant
to, the subdivision designated in said map, all in nrcnrdance with, and a; required by, the
plans and specifications for all or an; of raid iran-rwements in, or appurtenant to, or out-
side the limits of said subdivision, which plIns and SfaOcifications arc now on file in the
office of the City Engineer of City, and SuLdivirlrt 'hall als., do all oLlcer work and furnirah
all other materials necessary in the ulytnion of the City F:nctinuer, and on his order, to com-
plete the improvements in accotdrux'o wlLI) the plan, r""I ::t,ecifirations on file as hereinbe-
fore specified, or with any changes required or orderrn by said Engineer, which in his opin-
ion are necessary or required to complete the wort:
2. Work; Places and Grades to be fixed by Enqineer.
All of said work is to be done at Lhe 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 Commencement and Perrormance.
City hereby fixes the time for the commencement of said work to be on the 2nd _ day
of February , 1981 , and for its completion to be within
(18 months) 547 calendar days thereafter. At least fifteen calendar days
prior to the commencement of work hereunder, Subdivider shall notify City Engineer in writ-
ing 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 time for completion of the improvements hereunder
Any such extension may be granLed wr.thnut notice to the Subdivider's surety, and extensions
so granted shall not relieve the surety's liability on the bond to secure the faithful per-
furm;,nce of this agreenrvnL. The City Council shall I_— Lhe• sole .111,1 final judlle a:; to
whether or not good cause has been shown to entitle Subdivider to an extension.
5. 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, 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
1101.1tical subdivision thereof, or by the City or by any public Or private corporation, or
by any person 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.
G. 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 map, a written 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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B. 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.
9. Inspection by City Engineer.
All improvements required hereunder shall be inspected by City Engineer. Subdivider shall
at all times maintain proper facilities, and provide safe access for inspection by City
Engineer, to all parts of the work, and to the shOh wherein the work is in preparation.
10. Contract Security.
Concurrently wiLh the execution hereof, Suhdivider !,hall furnish:
(1) a surety bond in amount equal to at leant one hundred percent of the contract price as
security for the faithful performance of this agre,�mpnt; and (2) a sepnrate surety bond in
an amount equal to at least fifty percent of the contract price as security for the payment
of all persons perforating labor and furnishing materials in connection with this agreement.
The surety on each of said bonds and the form thereof shall he satisfactory to the City
Attorney.
11. 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's or Subdivider's contractors', subcontractors',
agents' or employees' operations under this agreement, whether such operations be by Sub-
divides- or by any of Subdivider's contractors, subcontractors, or by any One or more per-
sons directly or indirectly employed by, or acting as _ryent for, Subdivider or any of Subdi.-
vider's contractors or subcontractors. Subdivider aetrees to, and shall, defend City and
its elective and appointive boards, commissions, officrrs, agents and employees from any
suits or actions at law or in equity for damages causer], 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 againr.t ;ubdtvid,'r which it may
have by reason of the aforesaid hold -harmless ayreoment, her_ause of the acceptance by
City, or the deposit with City by Subdivider, of any of the insurance policies des -
scribed in paragraph 12 hereof.
b. That the aforesaid hold-harmirss agreement by Suhllvi,ler shall apply to all damages
and claims for danatges of every l;i11,1 suffered, or al le-lod LO )l;tve been suffered, by
r C:ISUII of. any of the aforesaid opccratictns rcfe.rre,i Ln in thisMrnrn-a dh,
I f m,lardlcss of
whether or not City has prepared, supplied or approved of, plans and/or specifications
for the subdivision, or regardless of whether or riot such insurance policies shall have
been determined to be applicable to any of such damages or claims for damages.
12. Subdivider's Insurance
Subdivides- shall riot commence work tinder this arlreoment until Subdivider shall have obtained
all insurance required under this paragraph, nor shill Subdivider allow any controctor or
subcontractor to coivnence work on his contract or subcontract until all similar insurance
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required of the contractor or subcontractor shall have been so Obtained and approved. All
requirements herein provided shall appear either. in Lhe 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 Subdivider's 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 employees are covered by the protection afforded by
Subdivider. In case any class of employees engaged in work under this agreement 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,
adequate insurance for the protecti.on of emp.loyces not otherwise protected. Subdivider
hereby 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.
b• Public Liability and Proper lrunalu Insurance.
Subdivider shall take out and maintain during the life of this agreement such public
litrbility and property damage insurance as shall insure City, its elective and appoint-
ive boards, commissions, officers, agents and employer_.s, Subdivider and any contractor
or subcontractor performing work covered by this agreement from claims for damages for
personal injury, includiny death, as well as from claims for proporty damage which may
arise from Subd.ividLr's or any cnnlrar_tnr's or Suhcont.racLor's operations hereunder,
whether such operations be by Subdivider or any cont.ract.or or subcontractor, or by any -
0110. directly or indirectly employed by either :subdivider or any contractor or subcon-
tractor, and the amounts of such insurnnc'e shall 1, Sts; follors:
(1) Public Liability Insurance.
In an amount not less than $700,000.00 fc1f Injuries, incltuling, but, not lim.iLed
to, death, to any one person anal, subjecL to thI
snm�' 1 innl. for each person, in
an amount not less than 51,000,000.00 on arcoull- of any one o(.currolluo;
(2) Properly_ L)at_iage Insurance.
In an amount of not less than $1 00, 000. (10 tar rLtm,R l • to i hr. f rape r t y O
son on account of arty one occurrence.
C.
Cross -Liability Endorsement.
In the event that any of the aforesaid tnsuranc:,> p0licil,cnvided for in this para-
graph 12 insures any entity, person, board or commission other than those menttuned in
this paragraph, such policy shall contain a standard form of cross -liability endorse-
ment, insuring on such policy City, its elective and appointive boards, commissions,
officers, agents and employers, Subdivider and any c(int.ractor ")r subcontractor perform -
Ing work covered by this agreement.
�C
13. Evidence of Insurance.
Subdivider shall furnish City concurrently with Lhe execution here(-)[, with satisfactory
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.
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 Roconstruction 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 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 exigencies 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 Aqent 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. lost of Engineering and Inspection.
Subdivider shall pay to the City all inspection costs ns required by Section 15.20.070 of
the San Rafael Municipal Code.
18. 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 extensions thereof, or fails to obLain 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,
subcontracLots, agents or employees, should violate any of the provisions of this agreement,
City Engineer or City Council may serve written nntice upon Subdivider and Subdivider's
surety of breach of this agreement, or of any portion thereof, and default of Subdivider.
19. Breach of Agreement; Perfornuanco by. Surety or Cit2.
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 tivO.' rlays aftrr notice to City of such
election, City may take over the work and prosecute the Name 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 uti.lize .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.
2U. Notices.
All notices herein required shall be in writing, and delivered in person or sent by regis-
tered mail, postage prepaid.
Notices required to be given to City shaLl be addressed as follows:
PITY OF SAN IIAF'AEL, C/0 CITY ENGINEER, CITY HALL, SA14 11AFAEL, CAL.IF'GRNIA.
Notices required to be given to Subdivider and/or Subdivider's surety shall be addressed
as follows: Santa Barbara Savings and Loan Association, P.0. Drawer
3430, Santa Barbara, CA 93105 ATTN: Harold A. Dunhan
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.
21. Warranty that Plans and SPecifications are Adequate
Subdivider warrants that the plrins and specifications 111ove described arc adequate to
accomplish all of the improvement work contemplated by this agreement in a good and work-
manlike manner, and in accordance with accepted cnn,truc_tion p mctir_cs. Should said plans
and specifications at any time within a period of sine year after final acceptance of the
work performed hereunder prove to be inadequate in illy respect, then Subdivider does agree
to make such changes an are necessary to accomplish swirl wnrF. in a good, workmanlike manner,
and in accordance wish accepted construction nracLicu:;.
22. Attorney's Deis and Fa w nscs of Litignti.
Should City b,_ requirvd to inl,titute legal nr_tion 10 cnmpcl porformance 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." ::hall be filet] with the City Engineer
upon completion of the said work and improvements.
CITY 01' SAN RAI -ALL
(SCal)
t•laynr
(If Lhe Subdivider executin(l this
agreement is a corporation, a
certified copy of the 13y -Laws or
HOSUiWAUllof Lhe Board of Directors
auChorir.iny officrs of said corpora-
,LionLo execute this agreement shall
be annexed hereto.)
A1'PROVI.D AS TO POM:
City AL
� l� .
By-- —
Citrl C]Crk _.. .
REGINA A. BUCHANAN - Deputy City Clerk
eta Dal6�ra Savings & tun ksn.
Subdivider
�f i -F .rs•�
Harold A. Dunham Vice President
SANTA BARBARA SAVINGS AND LOAN ASSOCIATION