HomeMy WebLinkAboutCC Resolution 4622RESOLUTION NO. 4622
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as
follows:
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 Bettini
NOES: Councilmen: None
ABSENT: Councilmen: None
MARION A. GRADY, City Clerk
(AGREEMENT FOR COMPLETION OF IMPROVEMENT WORK DESIGNATED "PHASE 3 -
FRONTAGE IMPROVEMENTS - CIVIC CENTER DRIVE (FRONTAGE ROAD) AND PORTION
OF LANDSCAPING ADJOINING A.P. NO. 155-200-01 (NORTHGATE EAST PROPERTY)
FOR THE NORTHGATE EAST DEVELOPMENT")
M
AGRC_CMEN_T
FOR COMPLETION OF IMPROVEMENT WORK DESIGNATED
PHASE 3 FRONTAGE fMPROVEMENTS - CIVIC CENIER DR. (FRONTAGE IZOAD)
AND PORTION OF LANDSCAPING
ADJOINING ASSESSOR'S PARCEL NO. 155-200-01 (NORTHGATE EAST PROP.)
FOR THE NORTHGATE LAST 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
development designated "PHASE 3 FRONTAGE IMPROVEMENTS - CIVIC CENTER DRIVE
__FRONTAy D) AND PORTION OF LANDSCAPING ADJOINING ASSESSOR'S PARCEL _
NO. 155-200-01 (NORTHGATE EAST PROP.) FOR THE NORTHGATE EAST DEVELOPMENT" ,
as prepared by _ ZALEZ & OQERKAMPER, 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 3 FRONTAGE
IMPROVEMENTS - CIVIC CENTER DR. (FRONTAGE ROAD) AND PORTION OF LANDSCAPING _
ADJOINING ASSESSOR'S PARCEL NO 155-200-01 (NORTHGATE EAST PROP.) FOR THE
NORTHGATE EAST DEVELOPMENT by the governing body of City, it
is hereby agreed as follows:
1. Performanc_ork.
Developer will do and perform, or cause to be done and performed, at
in a good and workmanlike manner, and furnish all
Developer's own expense,
required materials, all under the direction and to the satisfaction of the
City Engineer of City, all of the following wort; and improvements within
(arid/or without) the development, to wit:
Construct and complete all of the improvements, including, all, but not
liur-ited to, streets, highways or public ways and public utility facilities
which are a part of, or appurtenant to, the development designated
"PHASE
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All in accordance wUh,
and as
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hy, the
11
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.
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 shot -in 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.
3. 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
1973,
and
for its
completion
to be within 365 calendar days thereafter or at the time
adjoining southerly property develops. These Phase Three frontage improve-
ments shall also include the portion of landscaping within this transition
area adjoining the southerly property. At least fifteen calendar days prior
to the commencement of work 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.
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 perfo nuance 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.
SAE
5. Repairs and Replacements.
Developer ,hall replace, or have replaced, or repair, or have
repaired, as the case may be, all pipes and monuments shoran on
the mop which have been destroyed or damaged, and Developer 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 works
dove hereunder, whether such property be awned 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 whamsoaver, 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. Ut i 1 i try Dapos i is o Statement.
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 connection of any and all public itilities 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,
give all necessary notices and pay all fees and taxes required by
law.
U. SuRerintendence 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 En ineer.
All improvements required hereunder shall be inspected by City
Engineer. Developer shah at all times maintain oroper 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.
W. 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'damace or claims for damage for
personal injury, including death, as vial] 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 Develupe-, 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-
loss of whether or not City has prepared, supplied or approvad
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.
12. Developer's insurance.
Developer shall not commence worst 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. Ali 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,
�-Jorionen's Compensation insurance for all Developer's employees
employed at the site of improvement, and in case any wore: 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 ulorkmen's
Compensation law, Develope 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 Developer or any contractor or subcontractor
tr• take out Or maintain so .h insurance.
b. public Liability and Property Damage insurance.
De•relope:- shall take out and maintain during the life of this
agreement such public liability and property damage insurance
..I- e
as shall insure City, its elective and appointive boards, com-
missions, officers, agents and employees, Developer and any
contractor or subcontractor performing work covered by this
agreement from claims for damages for personal injury, including
de=ath, as well as from cl: ms for property d: nage 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:
(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 leas than $100,000.00 for damage
to the property of each pet -son 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 `nsures 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 redW-Li cr, in coverage of any policy
during the effective period of this agreement.
r
14. Title to Improvements.
Title to, and ownership of, all improvements constructed hereunder
by Developer shall vest absolutely in City, upon completion and
acceptance of such improvements by City,
15. Re ait or Reconstruction of Dc"ect)ve Work.
If, within a period of one year after ficial 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 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) perce�t.
16. Developer not Agent of City.
Neither Developer nor any of oe-veioper's agents or contractors
are or shall be considered to be agents of City in connectionwith
the performance of Developer's obligations under this agreement.
17. 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.
la. Notice of Breach 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 Developer. or a;:y of ,toper'_. contractors,
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 J,:.•,re 1 opt r ' s surety of breach of
this agreement, or of any portiori thereof, and default of
19. Breach of Agreement- Performance by Surety or City.
in the event of any such notice, ur is icy.: r' surety shall have the
duty to take over and complete the wolrk 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 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 completing the viork, such materials,
appliances, plant and other property belonging to Developer as may
be on .he site of the viork and iecessary therefor
20. 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 fellows;
CITY OF SAN RAFAEL, C/O CITY ENGINEER, CITY HALL, SAN RAFAEL, CALIFORNIA.
Notices required to be given to Dr_veloper and/or- Developer`s
surety shall be addressed as follows
_ NORTHGATE EAST
P. 0. BOX 917
_ _SAN RAFAEL,_CA. 94902
provided that any pa,r+:y or the sure;} may change such address by
notice in writing to the ether part,, and thereafter notices shall
be addressed and transmitted to tine new address.
21. warranty that Plans and Specifications are ,,de nate.
Geveloper warrants that the plans and specifications above described
are ade:ivate to accomplish all .-,f thle improvement -work contemplated
by this agreement in a gooey and workman l i ke ,nanner, and in accordance
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 ..,ork in a good, worlemanlike 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. 11As 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 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.)
VED AS TO SUFE I CI.ENCI-1.
City Eng ,n;e .
C i ty 6ag: r
APPROVED AS TO FORM:
. ,
City Attorney
CITY OF SAN RAFAEL
(Seal)
By mayor
72
By
`% City Clerk
-9-
ORTHGATE EAST
Q-veloper
fay
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