HomeMy WebLinkAboutCC Resolution 4621RESOLUTION NO. 4621
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.
I, 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, N1xon and Mayor Bettini
NOES: Councilmen: None
ABSENT: Councilmen: None
MARION A. GRADY, City Clerk
(AGREEMENT FOR COMPLETION OF IMPROVEMENT WORK DESIGNATED "PHASE 2 -
FRONTAGE IMPROVEMENTS - CIVIC CENTER DRIVE (FRONTAGE ROAD) ADJOINING
A.P. NO. 155-200-01 (NORTHGATE EAST PROPERTY) FOR THE NORTHGATE EAST
DEVELOPMENT")
�itVG9'���1
A G h C. E M L N T
FOR COMPLETION OF IMPROVEMENT WORK DESIGNATED
PHASE 2 FRONTAGE IMPROVEHFNTS - CIVIC CENTER DR. (FRONTAGE ROAD)
ADJOINING ASSLSSOR'S PARCEL 140. 155-200-01 (NORTHGATE EAST PROP.)
FOR THE NORTHGATE 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";
14ITNESSETH:
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 development designated "PHASE 2 FRONTAGE IMPROVEMENTS - CIVIC CENTER DRIVE
(FRONTAGE ROAD) ADJOINING ASSESSOR'S PARCEL NO. 155-200-01 (NORTHGATE EAST
PROP.) FOR THE NORTHGATE EAST DEVELOPMENT" ,
as prepared by GONZALEZ 6 OBERKAMPER, CIVIL ENGINEERS, 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 development designated "PHASE 2 FRONTAGE
IMPROVEMENTS - CIVIC CENTER DR. (FRONTAGE ROAD) ADJOINING.ASSESSOR'S PARCEL
155-2.00-01 (NORTHGATE EAST PROP.) FOR THE 14ORTHGATE EAST DEVELOPMENT ,
by the governing body of City, it is hereby agreed as follows:
1. Performance of Work.
Developer will do and perform, or cause to be done 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 complete all of the improvements, including, all, but
not 1imitcd to, streets, highways or public ways and public utility
facilities which are a part of, or appurtenant to, the development
designated "PIIASF: 7 FRONTAGE IMPROVEMENTS - CIVIC _CENT.ER DR. (FRONTACE ROAD)
ADJO 1141 tlri ASSESSOR' S PPgCEL NO. i :;5-2.00- 01 (NORTH,r*J TE EAST Pf f . 1
FOR THF: NOR1 HGATE FAST DFvi-impmENT" ,
All In accordance with, and as required by, the
I
2
plans and specifications for all or any of said improvements in, or
appurtenant to, or outside the limits of said development, which plans
and specifications are now on file in the office of the City Engineer
of City, and Developer shall also do all other work and furnish all
other materials necessary in the opinion 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.
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 City Engineer and which are now on file
in his office, and to the satisfaction of said City Engineer.
4. Work, Time for Commencement and Performance.
City hereby fixes the time for the commencement of said work to be on
the _ 3rd day of December
completion to be within 365
1973 , and for its
calendar days thereafter
or prior to requesting occupancy of the office building development or
prior to the completion of any of the two remaining lots not developed
under Phase One of Lots 1, 2 and 3 as shown in Book 8 of Parcel Maps at
page 85 recorded August 24, 1973 Marin County Records. At least fifteen
calendar days prior to the commencement of work hereunder, Developer shall
notify City Engineer in writing of the date fired by Developer- 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 Developer'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 Developer to an extension.
i��
5. 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 mop which have been destroyed or damaged, and Developer shat➢
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
dano hereunder, whether such property be owned by the Unified States
or any agency thereof, or the State of California, or any agency or
polit:lcal subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever, or by any combin-
ation of such owners. Any such repair or replacement shall be to
tho satisfaction, and subject to the approval, of the City Engineer.
6,
Utility D?oposit:s o Stotement.
Developer shall file with the City Clerk, prior to the commencement:
of any work 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 u:ilit:ios to be supplied by
such public utility corporation within the development.
7. permits; Compliance with Law.
Developer shall, at Developer's expense, obtain all necessary
permits and licenses for the construction of such improvements,
dive all necessary notices and pay all fees and taxes required by
law.
Superintendence 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.
9. Inspection by City Engineer.
All improvements required hereunder shall be inspected by City
Engineer. Developer sha'1 at all times maintain .proper 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.
10. 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 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 wall as from claims for
property damage which may arise from Developer's or Developer's
contractors', subcontractors', agents' or employees' operations
under 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 employed 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, commissions, 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 Developer, 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-
l,_ss 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.
la, Developer's Insurance.
Developer shall 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 subcontractor shall have
been so obtained and approved. All requiremants 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 maintein, during he life of this agreement,
kJorkmen's Compensation Insurance for all Developer's employees
employed at the site of Improvement, and in case any wort: 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 l,orkman's
Compensation law, Ceveloper shall provide, and shall cause each
contractor and sub -contractor 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 Caveioper or any contractor or subcontractor
tr tare out or maintain s—h insurance,
b. public Liability and Property Oamage 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, Deveioper and any
contractor or subcontractor performing work covered by this
agreement from clairns for damages For personal injury, including
deith, as well as from cie 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 beveioper or any contractor or
subcontractor, and the amounts o6 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) Epj-)erLy Damage Insurance.
in an amount of not less than 4zlOC,000.00 for damage
to the property of each oet 5_, r: on account of any one
occurrence.
c. Cross -Liability Endorsement_.
in the event that any of the af=oresaid 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 standari� 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 wort: 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 %s required to give City at least ten days' prior
notice of the Canceliatiren or redu�_tion 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 Developer shall rest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Re a i r or Reconstruction of Dc pec t i ve 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 andlor installed or constructed, or caused to be installed
or constructed by Developer's or any of the work done under this agree-
ment, fails to fulfill any of the requirements of this agreement or
the specifications referred to herein, Developer 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 Developer fail to act promptly or in accordance
with this requirement, or should the exigencies of the case require
repairs or replacements to be made before Developer can be notified,
City may, at its option, make the necessary repairs or replacements
or perform the necessary work and Developer shall pay to City the
actual cost of such repairs plus fifteen (15) percent.
16. Deve1o,_�er not Agent of City.
Neither Developer nor any of Developer's agents or contractors
are or shall be considered to be agents of City in connection with
the performance of Developer's obligations under this agreement.
ll. Cost of Engineering_ and Inspection.
Developer shall pay to the City all inspection costs as required
by Section 15.20.070 of the San Rafael Municipal Code.
18. Notice of preach and Default.
if Developer 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 obtain completion of said work within such time, or if
the Developer should be adjudged a bankrupt, or Developer should
make a general assignment for the beneFit of Developer's creditors,
or if a receiver should be appointed in the event of Developer's
insolvency, or if Develop; r, or ary of Je,,rcloper'= contractors,
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subcontractors, agents or employees, should violate any of the pro-
visions of this agreement, City Engineer or City Council may serve
written notice upon Developer and Je'i e'l ops_ r' s surety of breach of
this agreement, or of any portion thereof, and default of
19, preach of Agreement- Perflormanre by ;:iurety or City.
In the event of any such notice, u;-velioper's surety shall have the
duty to take ovar and complete the work and the improvement herein
specified; provided, however, that it 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 Developer; and Developer and Developer'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 comple11_ing the work, such materials,
appliances, plant and other property Rbelongine, to C,eveloper as may
be on .'ie site of the %,cork and .}ecesrsary therefor,
20. Notices.
All notices herein required shall he 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 giver, tea rte v,-1 ope r and, or neve 1 ope r' s
surety shall be addressed as �oflavas
NORTHGATEN EAST
P. 0. BOX 917
_ SAN_RAFAEL,_CA. 94902
provided that any party or the sur.ty may change such address by
notice in writing to the other pity, and thereafter notices shall
be addressed and transmitted to the new address.
21. Warranty that Pians and ; ec i f i c_ t i ,�)r _; are Adequate.
Developer warrants that the plans and speci { ications above described
are adeq:uato to accomplish all t!to imairovement .vork contemplated
by this agreement in a goat' ar, r, : or4.Taril 7 k mariner, and in accordance
M
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 perforated hereunder prove to be inadequate in any
respect, then Developer does agree to make such changes as are
neces-cary to accomplish said .Iork 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 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, i°As Built Plans".
A complete improvement and grading pian "as built" shall be filed
with the City Engineer upon completion of the said wort: 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.)
API' .0 ED AS TO SUFFICIENCY.
�r
Cfty fin ipie,.r
Cl �Tyl/i,%nalger
APPROVED AS TO FORM:
City Attorney
CITY OF SAN R�AEL
(Seal) �:> %l(�f' ✓ ��zl
By
Mayor
By,
City Clerk
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NORTHGATE EAST__
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