HomeMy WebLinkAboutResolution No. 5670RESOLUTION NO. 5670
RESOLUTION APPROVING FINAL MAP OF SUBDIVISION
ENTITLED, " SPINNAKER POINT U14IT TWO If
WHEREAS, the Planning Commission of the City of San Rafael,
State of California, did on May 7 , 1979 , in writing,
recommend to the City Council of said City the approval of the final
map of " SPINNAKER POINT UNIT T110 ", consisting
of four 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
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the City of San Rafael, California, that the final map of said sub-
division, approved by the Planning Commission of said City on
March 27 , 1979 , and entitled, " SPINNAKER POINT
UNIT TWO ", 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 TWO ", 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 offices
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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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, Iall 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 7th day of May
1979 , by the following vote, to wit:
AYES: COUNCILMEN: Brei ner, Jensen, Mi ski men, Nixon and Mayor Mul ryan
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NOES: COUNCILMEN: None
ABSENT: COUNCIL14EN: None
r V
JEANNE M. LEONCI I, City Clerk
PE
GREEMENT
(SUBDIVISION IMPROVEMENTS)
THIS AGREEMENT is made this —7YTI-A (lay of.
.19 and if;
entered into by and between the City of San Rafael, hereinafter referred to as "City", and
��LA C�l2T y`��p�11=NT ��' hereinafter referred to as "Subdivider".
buLh of wham untic!rnL.;uul .:n fol luwu:
RMC ITAF,S:
Subdivider has presented to City for approval a final subdivision mall (hereinafter called "Map")
entitled " `��11JNA�l=�Z ��INT �tJt.r TWp
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 rcyuested approval of the map prior Lo the consLruction and completion of im-
provements, 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,
appurLunanL to, or outside the limits of subdivision, which plans and specifications are now on file in
thu office of the City Engineer of City.
Council of said City on the_ day of M
adopted
its Resolution approving map, and has accepted the dedications therein offered, or Some thereof, on con -
clition that Subdivider first enter into and execute this agreement with City, and meet the requirements
of said resolution; and
'Phis ac}rrLment is executed pursuant to the provisions of the Subdivision Map Act of the State
of Califurn.i.a and Ordinance No. 546 (aS amended) of City.
NOW '1'IIIiRIiI'CJIti;, for and in con;iicl'Cation of Lill, approval of the Map and of the acceptance of the
dedications or some thereof, therein offered, and in order to insure satisfactory performance by Subdivi-
der of Subdivider's obligations under said Subdivision Map Act'afi(Y'said ordinance, the parties agree as
follows:
I. Vcrformance of Work.
SubdivldCr will do and p(',rform, or cause to be done and performed, at Subdividers own ex-
pense, in a good and 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
Lo, the subdiviuion designated in said map, all in accordance with, and as required by, the
plane; and npr.cif.i.rationn for all or any of nai(1 improvompntill In, or appurL(.nanL to, or Out-
side the limits of said subdivision, which plans and npecificntions 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 order, to com-
pleLe Ulu impruv(rm�,ntS in accordance with the plans and specifications on file as hereinbe-
fore specifie(1, or with any chanqus required or ordure(] by said Engineer, which in his opin-
ion are necessary or required to complete the work '
c��Y
2.
Work; I'lncen and Crnclrn to be f1x(,.Q by Elluincur.
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.
]. Wick, Tluw for Communcumunt and Performance.
City hereby fixes the time for the commencement of said work to be on the TH day
of Q v� / 19� �, and for its completion to be within
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 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 faithftrl per-
lurm;cnca ul Lhin tn�lrurmuiiL. The City Cuwcci.l :',hall be Lhe sole .incl final judge ds Lo
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 Unites] 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 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.
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 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 utlliticu 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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S,crint:endcncc b ) 1
Subdivider shall give personal superintendence to "I(.
'hi work Olt uald lmI�rovement,
competent foreman or superintendent, satisfactoryor have a
to the City Engineer, on the work at all
times during progress, with authority to act for Subdivider.
9. Inspection byC1tV Engineer.
All improvement's required hereunder shall be inspected by City Engineer. Subdivider
at all times maintain proper Facilities, shall
and provide safe access for inspection by City
Engineer, to all parts of the work, and to the shops wherein the work is in
10. Contract Security. Preparation.
Concurrently with the execution hereof, Subdivider shall furnish:
(1) a surety bond in amount equal to at least one hundred percent of the contract price 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 contract price as security for the payment
of all persons performing labor and furnishing materials in connection with this agreement.
The surety on each of said bonds and the form thereof shall be satisfactory to the City
Attorney.
11 . Ilold-Ilarmles:; Ac rcement.
Subdivider hereby agrees to, and shall, hold Cit '
y' 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
damage which may arise from Subdivider's or Subdivider's contractornrom claims for property
agents' or employees' operations under this agreement, whether such Operations rbetbrs',
divider or by any of Subdivider's contractors, subcontractors, or b y Sub
sons directly or indirectly employed b y any one or more per -
Y, 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, commissions, office_i.s,,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 aforesaid hold -harmless agreement, because 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 -harmless agreement by Subdivider shall apply to all damages
and claims for damayes of every kind suffered,
or alleged to have been suffered, by
of any of t.h„ afor�an.id o(,er;itio��c referred to in this paragraph, regardless of
whether or not City has prepared, supplied or aplirovr,!d of, plans and/or specifications
for the subdivision, or regardless of whether or not each insurance policies shall have
been determined to be applicable to any of such damages or (--1 9 for d�m�ges
1�• i;ubdivider's insurance
Subdivider ;;hall not commence work under this agreement until Subdivider shall have obtained
4111 insurance required under this paragraph, nor shall Subdivider allow any contractor or
subcontractor to commence work on his contract or i;ubcontract until all similar insurance
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required of the contractor or subcontractor shall have been so obtained and approved, q]I
ri''ItjirumunL_s huruin 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 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 nub -contractor to provide,
adequate insurance for the protection of employees not otherwise protected. Subdivider
hereby indemnifies City for any damage resulting to it from failure of either Subdi-
vider or tiny contractor or subcontractor to take out or maintain such insurance.
b. Public Liability and Property Damage Insuranco.
Subdivider shall take out and maintain during the life of this agreement such public
liability and property damage insurance as shall insure City, its elective and appoint-
ive boards, commissions, officers, agents and employees, 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 may
arise from Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor, or by any-
one directly or indirect, y employed by either Subdivider or any contractor or subcon-
tractor, and the amounts of such insurance shall be as follows:
(1) Public Liability Insurance. -----
In an amount not less than $500,000.00 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 $1,000,000.00 on account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less than $100,000.00 for damage to the property of each per-
son on account of any one occurrence.
C. Cross -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 commission other than those mentioned 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 employees, Subdivider and any contractor or subcontractor perform-
ing work covered by this agreement.
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17. Evidonee of Insurance.
thihlivider tihill fuinluh CILy et.mcuff'enLiy with Lhu execuLion hercol, 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. Rel2air 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 constructer)
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 Accent 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. .11
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 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
ciny 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,
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 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 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 continence 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 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 Subdivider's surety shall be addressed
as follows: `7 L A� - T f�J�y Gl . 1, �� � cl Q-)
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 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 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 ifi'-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 litiyation incurred by City in connection therewith.
23. "An 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.
(If the Subdivider executing this
agreement is a corporation, a
certified copy of the By -Laws or
Rosoltit:ion of -the Board of Diructors
authorizing officers of said corpora-
tion to execute this agreement shall
be annexed hereto.)
CITY OF SAN RAFAEL
(Seal)
Mayor
By � 4clo
Cityrk
APPROVED AS TO SUFFICIENCY:
City Engineer
/
City M�
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