HomeMy WebLinkAboutCC Resolution 4619RESOLUTION NO. 4619
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as
fol lows :
The MAYOR and CITY CLERK are authorized to execute,
on behalf of the City of San Rafael a lease or agreement with
NORTHGATE EAST
a copy of which is hereby attached and by this reference made a
part hereof.
1, MARION A. GRADY Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a Regular meeting of the
Council of said City held on Monday the 3rd
day of DECEMBER 19 73 , by the following vote, to -wit:
AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Betfini
NOES: Councilmen: None
ABSENT: Councilmen: None
MARION A. GRADY, City Clerk
(AGREEMENT FOR COMPLETION OF IMPROVEMENT WORK DESIGNATED
"PHASE 1 - FRONTAGE IMPROVEMENTS - CIVIC CENTER DRIVE AND
PARTIAL ROADWAY IMPROVEMENTS - A.P. NO. 155-030-86 (SCRETTRINI
PROPERTY) FOR THE NORTHGATE EAST DEVELOPMENT")
A G R E E M E 14 T
FOR COMPLETION OF IMPROVEMENT WORK DESIGNATED
PHASE I FRONTAGE IMPROVEMENTS - CIVIC CENTER DRIVE
A14D
PARTIAL ROADWAY IMPROVEMENTS - ASSESSOR'S PARCEL NO. 155-030-86(Scettrini pl-op.)
FOR THE NORTFIGATE EAST DEVELOPMENT
SAN RAFAEL, CALIFORNIA.
THIS AGREEMENT entered into as of and dated the 3rd day of
December__ _ 1973, by and between THE CITY OF SAN RAFAEL, a municipal
corporation, hereinafter called "City" and NORTHGATE EAST
, hereinafter called "Developer":
WITNESSETH:
WHEREAS, City's Ordinances now in force and effect require that
certain excavations be authorized in writing, and City has required that
Developer execute an Agreement with City relative to the completion of all
improvement work which is shown upon the Improvement: Plans and Specifications
for the wort: designated '"PHASE I FRONTAGE IMPROVEMENTS - CIVIC CENTER DRIVE AND
PARTIAL. ROADWAY IMPROVEMENTS - ASSESSOR'S PARCEL NO. 155-030-8G FOR THE
NCftTII'ATE EAST DEVELOPMENT " as prepared by GONZALEZ & OL�ERI<Al•1PER,
CIVIL ENGINEERSt INC., and as approved by the City Engineer of City and now
on file in the office of said City Engineer of City;
NOW, THEREFORE, for and in consideration of City's consent to the
installation of improvements for the work designated above, it is hereby
agreed as follo�.,is:
1. Performance of Work.
Developer wi11 do and perform, or Cause to be clone and performed,
at Developer's own expense, 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 development, to wit:
Construct and cornplc:te all of the improvements, including, all but
not limited to, streets, highways or public wzlys and puhlic utility
facilities which are a part of, or appurtenant: to, the work de -_s i gnated
"PHASE I FI;UNT,1\1 [ IMPROVEW NTS - CIVIC C[-- ,TER DRIVE AND PAQ I IAI_ ROAIT-JAY
IMPR�1Vi:MfllT`; - ASSESS01c'S PARCFA NO. 151,--0;0-=;O FOR Till" NOR -FI-: JE
['AST DI'VI:1LOI1*11T " ul l in accorc.I;mc-c- with, ar-d a�; requ i rc,cl by, 11-ic•
Ixiz-►ra; for all or any of srild imp rovemf'nts In, Or
apr"i"t:.onant top o►• Outside the limits of said developmurit, which plans
avid spel-Mcations are now on fila, In the office of the City Encvin'aar
of City, and Developer shall also do all other wort; and furnish n 1 1
other (noLorials necessary in tho opinion of the City Lngineer, and on
his order, to complete the improvements in accordanco with the plans
and specifications on file as hereinbefore specified, or with any
chanco, required or ordered by said Engineer, tuilich in his opinion are
necessary or required to complete the work.
2, lark', Pl cz-s and Grades to be fl, -:ed bye 1 n, l -teen..
U --
Fall of said work is to be done at the places, of the materials, in
the mariner, and at tho grades, all as shoran upon the {dans and sr_-eci=
ficat tions therefor, heretofore approved by City Engineer and v:,Mch
are now on file in his office, and to the sati sfact Ion of said Cit:.,
Enai r►ae,r .
30 b, ort— r i(ro for Coairir�itircn-rvt erP e r f0r"ti once':,
City looby fix—sic th t ince fol- the com r'�ancemt )nt of said work to
be on the __. 3rd _ .day of December_ _, t;� 73 _ and for -
its completion to be within � 365 calend r day}
thet'eafte-r° or pr io� to any occupancy within the develop;nents proposed
on thi: paof land ��s shown in Book B of Parcel Maps �-1 pa C 85,
Marin County Records. At least fifteen calendar days prior to the
commencement of wort: hereunder, Developer shall notify City Engineer
in writing of the date fixed by Developer for commencement thereof,
so that City Engineer shall be able to provide services of inspection.
'1'irn3 Ofru;s rrce�E.x-tension.
'dirge is of the essence of this agreement; prov i dod, that In tho evor,L
907d cause is shown therefor, the City Council m,7i), extend the tI[V,a
for comply ion of the improvements hereunder. Any such extension
m,-u,y ba gra..nted t -without notice tc) t:he Developer's surety, <<n;l
oxt:e:n sions SO grant—ad shial l not rel leve the surety° s liability
on the: bonal to secure the faithful pc:rformunc:e of this r.cr em.t'nt,
'E ,ie city Cou:ici 1 shall be this solc,. and f it,al jur;!p as to
or not good cause ham;: big -'en shutan to c-nt it;v L) veloper to cn o? tr: r:c•io-.
2
5o Repairs and Replacements.
Developer 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 Developer shall
replace or have replaced, repair, or have repaired, as the case ray
ba, 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 the City or by any public or
private corporation, or by any person whomsoever, or by any eombin-
otion of such owners. Any such repair or replacement shall be to
tho satisfaction, and subject to the approval, of the City Engineer.
6, Ut i 1 i ty ilapos i is o Statement.
Developer shall file with the City Clerk, prior to the co,-mcencement
of any worlt to be performed within the area delineated on the plan,
a written statement signed by Developer, and each public utility
corporation involved, to the effect that Developer has made all
deposits legally required by such public utility corporation for
the connoction of any and all public utilitlos to be supplied by
such public utility corporation within the development.
%.
Permits; Compliance with Law.
Developer shall, at Developer'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
1 aw. .
S. Su erintendence by Developer,
Developer shall give personal superintendence to the work on said
improvement, or have a competent foreman or superintendent, satis-
factory to the City Engineer, on the work at all times during
progress, with authority to act for Developer.
-3-
9. Infection by City En. inch eer.
All improvements required hereunder shall be inspected by City
Engineer. Developer shall at all times maintain iroper facilities,
and provide safe access for inspection by City Engineer, to all
parts of the work, and to the shops wherein the work is In prepar-
ation.
M Contract Security.
Concurrently with the execution hereof, Developer shall furnish.
(1) a surety bond in an Amount equal to at least one hundred per-
cent 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. Hold -Harmless Agreement.
Developer hereby agreas ro, 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 wall as from claims for
property damage which may arise from Developer's or Developer's
contractors', subcontractors', agents' or employees' operations
ander this agreement, whether such operations be by Developer
or by any of Developer's contractors, subcontractors, or by any
one or more persons directly or indirectly err:ployed by, or acting
as agent for, Developer or any of Developer's contractors or
subcontractors. Developer agrees to, and shall, defend City
and its elective and appointive boards, con-nlssions, 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
Developer which it may have by reason of the aforesaid hold -
harmless agreement, because of the acceptance by City, or the
deposit with City by Develope-, of any of the insurance policies
described in paragraph 12 hereof.
b. That the aforesaid hold -harmless agreement by Developer 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, regard-
less of whether or not City has prepared, supplied or approved
of, plans and/or specifications for the development or regard-
less of whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims for
damages.
le. Developer's ensurance.
Developer shrill not commence work under this agreement until
Developer shall have obtained all insurance required under this
paragraph, nor shall Developer allow any contractor or subcontractor
to commence work on his contract or subcontract until all similar
insurance required of the contractor or subcon-tractor shall hovo
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. .
Developer shall maintain, during the life of this agreement,
Worl:fnen's Compensation Insurance for all Developer's employees
employed at the site of Improvement, and in case any work is
sublet, Developer shall require any contractor or subcontractor
similarly to provide workmen's Compensation Insurance for all
contractor's or subcontractor's employees, unless such employees
are covered by the protection afforded by Developer. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under any w1orkman's
Compensation law, Developer shall provide, and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise protected. Developer
hereby indemnifies City for any damage resulting to it from
failure of either Developer or any contractor or subcontractor
tr taste out Or maintain s- ,ih insurance.
b. Public Liability and Property Daniacie Insurance
Developer 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 appointive boards, com-
missions, officers, agents and employees, oeveloper and any
contractor or subcontractor performing work covered by this
agreement from claims for damages for personal injury, including
de th, as well as from clr ms for property d.. mage which may arise
from Developer's or any contractor's or subcontractor's oper-
ations hereunder, whether such operations be by Developer or
any contractor or subcontractor, or by anyone directly or
indirectly employed by either Developer or any contractor or
subcontractor, and the amounts of such insurance shall be as
follows
(i) public Liability Insurance,
In an amount not less than $500,000.00 for injuries,
including, but not limited to, death, to al,y one person
and, subject to the same limtit for each person, in an
amount not less than $1,000,000.00 on account of any one
occurrence;
(2) ffoj22f1y Damage Insurance.
in an amount of not less than 1'100,000.00 for damage
to the property of each per --.on on account of any one
occurrence,
c. Cross -Liability Endorsement.
in the event that any of the -aforesaid insurance policies pro-
vided for in this paragraph 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, Developer
and any contractor or subcontractor- performing work covered by
this agreement.
13. Evidence of insurance.
Developer shall furnish City concurrently with the execution hereof,
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 redu,,:-1bon in coverage of any policy
during the effective period of this agreement.
14. Till, to Iti1pio'•c:ioonts.
Title to, and ownership of, all improv,.monts constructed hereunder
by Pvcloper shall vest absolutely in City, upon acceptance of such
improvements by City. City shall be under no obligation to accept the
improvements.
15: Oak.nr icconstruct.ion of he :active 11ork.
If, within a period of one year after final acceptance of the work
performed under this agrl:t;f!it'nt, any :structure or part of any structure
furnished and/or installed or constructed, or caused to be instailed
or constructed by Pcve 1 ope r' s or any of t ho work done under this. agree -
MOM fails to fulfill any of the requirements of this agreement or
the specifications referred to herein, Developer shall without delay
and without any cosi: to City, repair or replace or reconstruct any
defective or otherwise unsatisfactory kart or parts of the work or
structure. Should Developer fail to act promptly or in accordance
with this requ i remcr:t, or should the exigencies of the case require
re
repairs or replacements to be made before D veloper can be notified,
City may, at its option, 'make the necessary repairs or replacements
or perform the necessary wort: and Developer shalt P07 to City the
actual cost of such repairs plus fifteen (15) percent.
16. Develoca r not Agent of W ty
Nei the Bove Ioper nor any of oeveloper's agents or contractors
are or shall be considered to be agents of City in connection with
the performance of Developer's obiigations under this agreement.
17. Cost of Engi neer i nn and inspection,
Developer shall pay to the City all inspection costs as required
by Section 15.0.070 of the San Rafael Municipal Coda.
13. Notice of preach and Default.
If Developur refuses or fails to obtain prosecution of the work,
or any severable part thereof, with such diligen_:e as wili insure
its complction within the: time specified, or any extensions thereof,
or fails to obtain completion of said work within such timo, or i'.
the Devoloper should be adjudged a bankrupt, or Developer should
make a general assignment for the benefit Cif Devuloper's creditors,
or if a receiver should be appointed in the: event of Wyc1oper's
Insolv:`•ncy, at if P(t'J;.lopur, or any of Nvoloper's contractors,
subcontractors, aq,3nts or ei-tiiloyevs, should violate any o: the, pro-
visions raf t:(;1; agrcemont, City Engineer or City Council relay serve
written notice upon Dr:vc 1 ope r arid Duvc: l opo r l s suret.y of breach of
this agreement, or of any portion thereof, and default: of
19. Breach oi_Agrecment; Porformance by ;urea or Ci Cy.
In the event of any such notice, Ile ve l ope is surety shall have the
duty to take over arid ccxnplet:c 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 corrn.ionce performance thereof within
five days aftel- notice to City of such flection, 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
escpense of Developer; and Developer and Devc 1 ope r' s surety shall be
liable to City for any excess cost or damages occasioned City thereby;
and, in such event, City, without )!ability for. so doing, may take
possession of, and utilize in completing tho work, such materials,
appli6nces, plElnt and other property belonging to Developer as may
be on the site of the Toric and iecessary therefor.
20. Nat i ce s .
All notices herein required
shall be in writing, and delivered in
person
or sent by registered
nail, postage
prepaid.
Notices
required to be given
to City shall
be. addressed as follows;
CITY OF'
SAN RAFAEL, C/O CITY
ENG INECR, CITY
HALL, SAM RAFAEL, CALIFORNIA.
Notices
roquired to bc: given
to bevc�lopcj-
and/or Developer's
SUI -City
shall be addressed as
fol lol,, ;
NORTHGATE EAST
SAN RAFAEL, CA. 94902
provided that any party or the surc:t:y may chE,r7g(i such addross by
notice in writing to the other party, Find thereafter notic_cs shall
bc addre.sseci• and tri�nsrai ttcd to tho neer addrr!tis.
21. Warrnnty`th et Plans and_.S i f i c it: i`:1n ,_are Adeyu:►te.
Dcve.1oj-icr k.,iarrants that tllc; 1.1 ans c,nd spcc;fIcations ::hove_ described
ilr(' ddef.10ate to accollllll 1 517 r.1 I v(' I!,(: Iflll.)rove,!len1. work contemplated
by this in a c1or)C1 and 1'!:: r i Gti,'ln 1 i iaf: rlii: nC•l" t ::r1Cl I fla71CCUl i.lnC0..
with accepted construction practices. Should said plans and speci-
fications at any time within a period of one year after final accept-
ance of the work performed hereunder prove to be inadequate in any
respect, then Developer does agree to make such changes as are
necessary to accomplish said t. -.or!( hi a good, worinanl i ke 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 perform-
ance of this agreement, Developer agrees to pay all reasonable
attorney's fees, costs of suit, and all other expenses of litigation
incurred by City in connection therewith.
23. "As Built Plans".
A complete improvement and grading plan "as built11 shall be filed
with the City Engineer upon completion of the said work and
improvements.
(if the Developer executing this
agreement is a corporation, a
certified copy of the By -Laws or
Resolution of the Board of
Directors authorizing officers of
said corporation to execute this
agreement shall be annexed hereto.)
APPROVED AS i0 FORM:
City Attorney
C: I TY OF SAKI FAEL
(sea 1)
Mayor
By
City Clerk
;S
Deve 1
By