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HomeMy WebLinkAboutResolution No. 5860RESOLUTION NO. 5860 RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED, " DOMINICAN ESTATES to WHEREAS, the Planning Commission of the City of San Rafael, State of California, did on February 19 , 1980 , in writing, recommend to the City Council of said City the approval of the final map of " DOMINICAN ESTATES of three sheets, hereinafter referred to; and ", consisting 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 November 13 , 19 79, and entitled, " DOMINICAN ESTATES 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) DOMINICAN ESTATES " 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 T TT 1. (O RR RESOLUTION NO. 5860 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 19th day of February , 19 80, by the following vote, to wit: AYES: COUNCILMEN: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCIL14EN: None 2. M. LEONCINI, City Clerk A G R E E M E N T (SUBDIVISION IMPROVEMENTS) THIS AGREEMENT is made this 19th day of February ,19 80 , and is entered into by and between the City of San Rafael, hereinafter referred to as "City", and F.E.W. Investments hereinafter referred to as "Subdivider", both of whom understand as follows: RECITALS: Subdivider has presented to City for approval a final subdivision map (hereinafter called "Map" entitled _ Dominican Estates The map has been filed with the City Clerk o(' 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 construction 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, appurtenant to, or outside the limits of subdivision, which plans and specifications are now on file in the office of the City Engineer of City. Council of said City on the �h day of February ,19 8 -- adopted its Resolution approving map, and has accepted the dedications therein offered, or some thereof, on con- dition 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. 546 (as amended) of City. NOW 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 satisfactory performance by Subdivi- (1121' of Subdivider's obligations under said Subdivision Map Act and said ordinance, the parties agree as 1oIluwn: I. Performance 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 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 to, the subdivision designated in said map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, or appurtenant to, or out- side the limits of said subdivision, which plans and specifications 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- plete the improvements in accordance with the plans and specifications on file as hereinbe- fore specified, or with any changes required or ordered by said Engineer, which in his opin- ion 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 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 Performance. City hereby fixes the time for the commencement of said work to be on the 19 t h day of February 19 80 and for its completion to be within 5 45 calendar days thereafter. At least fifteen calendar day- 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 extension:; so granted shall not relieve the surety's liability on the bond to secure the faithful per- formance of this ailrecment. The City Council shall be the sole and final judye as t.o 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 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 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. - 2 - 8. 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 shops wherein the work is in preparation. 10. Contract Security. 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. 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- divider or by any of Subdivider's contractors, subcontractors, or by any one or more per- sons directly or indirectly employed by, 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, 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 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 damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 12. Subdivider's Insurance Subdivider shall not commence work under this agreement until Subdivider shall have obtained all insurance required under this paragraph, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance - 3 - required of the contractor or subcontractor shall have been .o obtained and approved. Ali r'''Iu�renu-n l- herein providr_•fi shall appear either in the body of the insurance policies or as endorsements an(] shall npecificalty bind the insurance carrier. a. Com ensation 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 wort: 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 protection of employees not otherwise protected. Subdivide, hereby indumnifies City for any damage resulting to it from failure of either Suhdi- vider or any contractor or subcontractor to take out or maintain such insurance. b. Public Liability and Property Damaqe Insurance. 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 indirectly 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. - 4 - 13. L•'vidence of Insurance. :;uliilividcr ,;haLi furnish city concurrenLly wiLh Lhe execution hereat, with satisfactnry 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 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 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 specification! 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 Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considere,: to be agents of City in connection with the performance of Subdivider's obligations under this agreement. 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 any 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 - 5 - 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 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 BALL, SAN RAFAEL, CALIFORNIA. Notices required to be given to Subdivider and/or Subdivider's surety shall be addressed as fellows: F.E.W. Investments, 42 Industrial Wav Greenbrae, CA 94904 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 in any respect, then Subdivider does agree to male such changes as are necessary to accomplish said work in a good, workmanlike manner, and in accordance with accepted construction practices. Z. At to Fees .ind i•:x erase, of I,ili�tinn. 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 l.itiyat.ion incurred by City in connect -.ion therewith. 23. "As 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. - G - CITY OF SAN RAFAEL (Seal) rly ct.�C[lwt-tF' V Mayor Ey City Clerk F.E.W. Investments Subdivider (if the Subdivider executing this ayreement is a corporation, a certified copy of the Dy -Laws or Idvsolution of the Board of Directors authorizing officers of said corpora- tion to execute this agreement shall be annexes] hereto.) APPROVED AS TO SUFFI AENCY: City Engineer - 400 C Ly Manager APPROVI'D AS TO FORM: w��� r• City Attorney i!