HomeMy WebLinkAboutCC Resolution 13878 (Village at Loch Lomond Marina - Phase II)RESOLUTION NO. 13878
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING THE SUBDIVISION MAP AND THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE VILLAGE AT LOCH LOMOND
MARINA — PHASE 2
WHEREAS, the City Council of the City of San Rafael did on August 6, 2007
adopt Resolution Number 12332 approving the master use permit and design review
permit (ED04-063) and Vesting Tentative Map (TM04-001) for The Village at Loch
Lomond Marina Development located at 110 Loch Lomond Drive and Point San Pedro
Road (APNS 016-070-020, 030, 040, 050, 060; 009-141-050; 009-142-070); and
WHEREAS, the applicant has submitted a Subdivision Map for said subdivision,
entitled "Map of The Village at Loch Lomond Marina — Phase 2" and supporting
documents including a proposed Subdivision Improvement Agreement; and
WHEREAS, the City Engineer has examined the Subdivision Map and
supporting documents and has determined that they comply with the requirements of the
approved vesting tentative map and the requirements of the California Subdivision Map
Act; and
WHEREAS, the City Engineer and City Attorney have examined the proposed
Subdivision Improvement Agreement and are recommending that it be approved by the
City Council.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Rafael that the Subdivision Improvement Agreement included in the staff report to
the City Council is hereby approved, subject to final approval by the City Attorney as to
form, and the Mayor is authorized to execute said Agreement.
BE IT FURTHER RESOLVED by the City Council of the City of San Rafael
that the "Subdivision Map -The Village at Loch Lomond Marina — Phase 2" is hereby
approved, conditioned upon submittal by the applicant of the signed Subdivision
Improvement Agreement and any required bonds, documents and/or fees.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City
Clerk, upon receipt of the fully -signed Subdivision Improvement Agreement and all other
required documents and fees, to record the Subdivision Map in the Official Records of
the County of Marin.
I, ESTHER C. BEIRNE, 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 on the 17`h day of February, 2015, by the following vote to
wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
File No.: 15.08.09
City of San Rafael • California
Subdivision Improvement Agreement
THIS AGREEMENT is made and entered into by and between the City of San Rafael (hereinafter
referred to as "City"), and Marina Village Associates LLC (hereinafter referred to as "Subdivider").
RECITALS:
Subdivider has presented to City for approval a parcel map entitled: "MAP OF THE VILLAGE AT
LOCH LOMOND MARINA PHASE 2",
The map has been filed with the City Engineer of the City, which map is hereby referred to and
incorporated herein.
Subdivider has requested approval of the map prior to the construction and completion of improvements,
including all streets, highways or public or private 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 the City.
This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of
California and Title 15 of the San Rafael Municipal Code.
1. Performance of Work
All of the work and improvements and materials shall be done, performed and installed in strict
accordance with the approved plans and specifications for said work on file in the office of the City
Engineer of City, which said plans and specifications and standards are hereby referred to and adopted
and made a part of this agreement. In case there are not any standard specifications of City for any of said
work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California Department of Transportation. Subdivider will do and perform,
or cause to be done and performed, at Subdivider's own expense, in a good workmanlike manner, and
furnish all required materials, all under the direction and to the satisfaction of the City Engineer of City,
who shall endorse his approval thereon, all of the following work and improvements related to the
Subdivision as shown on the improvements plans and drawings entitled: "IMPROVEMENT PLANS,
THE VILLAGE AT LOCH LOMOND MARINA — PHASE 2" and subject to the conditions,
requirements and recommendations as set forth by the San Rafael City Council Resolution No. 12332
adopted at the San Rafael City Council on the 6"' of August 2007. Subdivider shall also do all work and
furnish all materials which, in the opinion of the City Engineer and on his order, are necessary to
complete the improvements in accordance with the plans and specifications on file as herein before
specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or
required to complete the work.
2. Soils Engineering Contractor
It is mutually agreed that the City shall determine the soils engineering firm to perform required soils
testing and investigation during the construction of public improvements.
Subdivision Agreement • 1
3. 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 therefore, approved by the City Engineer and upon which he has
endorsed his approval, and to the satisfaction of the City Engineer.
4. Work. Time for Performance
City hereby fixes the time for the completion of the Improvements to be within two (2) vears from the
date when this agreement is approved by the City Council. At least fifteen (15) calendar days prior to
commencement of work here under, Subdivider shall notify City Engineer in writing of the date fixed by
Subdivider for commencement thereof, so that the City Engineer shall be able to provide services for
inspection.
S. Time is of Essence - Extension
Time is of the essence of this agreement; provided that in the event good cause is shown therefore, the
City Council may extend the time for completion of the improvements here under. 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 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 Subdivider to an
extension.
6. 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, 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 here under, whether such property be owned by the United States or any agency
thereof, or the State of California, or any public agency or political subdivision thereof, or by the City or
by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall
be to the satisfaction, and subject to the approval of the City Engineer.
7. Utility Deposits. Provision
Subdivider shall make all deposits legally required by each public utility corporation involved in the
provision of services for the subdivision for the connection of any and all public utilities to be supplied by
such public utility corporation within the subdivision, and shall ensure that utilities are available to said
subdivision prior to final occupancy thereof.
8. 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.
9. 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.
10. Inspection by City
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City to
all parts of the work and to the shops wherein the work is in preparation. The Subdivider shall pay
overtime incurred by City inspectors whenever the Subdivider elects to work on Saturday, Sundays, and
holidays, he shall also pay overtime incurred by City Inspector when Subdivider works any overtime
hours. The inspection of work shall not relieve the Subdivider of any of his obligations to complete the
Subdivision Agreement - 2
improvements as prescribed. Defective work shall be made good and unsuitable materials may be
rejected, notwithstanding the fact that such defective work and unsuitable materials may have been
previously overlooked and accepted by the City Engineer.
11. Improvement Security
Prior to the filing of the parcel map by the City Engineer, the Subdivider shall present to and file with the
City of San Rafael a surety company bond in the sum of One Million, Nine Hundred Forty Seven
Thousand Dollars ($1,947,000) issued by a company duly and regularly authorized to do a general
surety business in the State of California conditioned upon the faithful performance of this agreement and
by its terms made to inure to the benefit of the City of San Rafael. The surety on said bond and form
thereof shall be satisfactory to the City Attorney.
12. Alternate Improvement Security
The Subdivider may deposit at the time for submission of the bonds mentioned in paragraph 11 above, in
lieu of a surety bond, cash in the amount of said required bond with the City Treasurer of the City as a
guarantee for the faithful performance of this agreement. The City Treasurer may disburse progress
payments to the Subdivider on his order as the work progresses; provided first that the Subdivider shall
submit a demand for a progress payment and the demand for payment and the amount is approved, in
writing, by the City Engineer of the City. No progress payment allowable here under shall be made for
more than ninety percent (90%) of the value of any installment of work and not before each installment of
work shall have been completed to the satisfaction of the City Engineer.
The final payment for the work to be performed under this agreement shall be made 35 days after formal
acceptance of the subdivision by the City upon determination of the City Engineer that all improvements
required by this agreement have been completed to his full and complete satisfaction. As the herein
above-mentioned deposit is a guarantee for the faithful performance of this agreement, the City may,
upon a breach, default, or violation of any of the provisions of this agreement resort to the herein above-
mentioned deposit for the purposes of taking over the work and prosecuting the same to completion.
Upon breach, default or other violation of this agreement requiring the city to take over the work, the City
Treasurer shall release, to the City Engineer, upon written demand of the City Engineer, such amount or
amounts of the deposit remaining as the City Engineer estimates is reasonably necessary to complete the
work.
In lieu of the surety bond or cash as required by Title 15 of the San Rafael Municipal Code, an instrument
or instruments of credit in the amount of said required bond may be deposited with City upon condition
the financial institution fumishing the credit pledges to the City it has the funds necessary, that they are
on deposit as guarantee for payment of the public improvements required and that the said funds are held
in trust for the purposes set forth in this agreement.
13. Labor and Material Bond (50% of Improvement Cost)
The Subdivider shall furnish security in the amount of Nine Hundred Seventy Three Thousand Five
hundred Dollars ($973,500) securing payment to the contractors, subcontractors, persons renting
equipment or furnishing labor or materials for the public improvements required to be made by this
instrument. The security may be cash, surety bond, or instrument of credit as permitted by the
Subdivision Map Act of the State of California. Such security shall be retained by the City for a period of
ninety (90) days following acceptance of the improvements by the City or for such other period as may be
required or permitted pursuant to Government Code provisions governing the release of labor and
material bonds for subdivision improvements.
14. Monumentation Bond N/A
Subdivision Agreement - 3
15. Maintenance Bond
The subdivider shall maintain all infrastructure installed including but not limited to the items shown on
the plans titled "IMPROVEMENT PLANS, THE VILLAGE AT LOCH LOMOND MARINA — PHASE
2". The subdivider shall be responsible for all utility cost for the improvements and maintenance
including but not limited to water, and electricity until such time as, in the opinion of the Public Works
Director, there is sufficient funding in the Mello -Roos District for Community Facilities District No.2
(Loch Lomond Marina Development, 110 Loch Lomond Drive) to support all maintenance costs.
16. 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 or
Subdivider's contractors, subcontractors, agents, or employees of the Subdivider's contractors,
subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for,
Subdivider or any of Subdivider's contractors or subcontractors. Subdivider agrees to, and shall, defend,
indemnify and hold harmless the 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.
A. 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 of the deposit with City of
Subdivider of any of the insurance policies described in paragraph 18 hereof.
B. 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, regardless of whether or not City has prepared, supplied or approved of plans,
specifications, or either, for the subdivision, and regardless of whether or not any insurance policies
shall have been determined to be applicable to any of such damages or claims for damages.
C. Subdivider agrees that the use of any and all streets and public improvements herein above required
to be constructed shall be, at all times prior to the final acceptance of the subdivision by the City, the
sole and exclusive risk of the Subdivider. The City may, at its sole option, issue permission to
occupy all or a portion of the Public Improvements prior to Final Acceptance of said Public
Improvements. The issuance of any permission to occupy such Public Improvements located within
the said subdivision shall not be construed in any manner to be an acceptance and approval of any or
all of said streets and improvements in said subdivision, or that stage of development of said streets
and improvements represented by their conditions at the time of issuance of said occupancy permit or
permits, or any stage of their development reached between the period commencing with the issuance
of any occupancy permit, and the final acceptance of said subdivision.
17. Protection of Public Safety
The Subdivider is obligated to protect the public safety during all phases of the work, and shall erect and
maintain all necessary barricades, signs and warning devices necessary to ensure public protection. In the
event that City discovers a condition on the site which in its determination constitutes an immediate
danger to public safety, and Subdivider cannot respond at once, City may erect any barriers, signs and
warning devices it deems necessary. In such event, Subdivider shall pay for the labor of City's crews as
specified on the latest weighted rate schedule at the time the work is performed per man; plus the cost of
any materials used and a reasonable fee for use of any barricades found necessary. In no event shall
Subdivider pay less than one hour minimum per man assigned if City takes action pursuant to the
paragraph.
Subdivision Agreement • 4
18. Repair or Reconstruction of Defective Work
If, within a period of two years after final acceptance of the work performed under this agreement, any
structure or part of any structure furnished 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 specifications referred to herein, Subdivider shall without delay and
without cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts
of the work or structure. Liability under the contracts of surety or guarantee referred to in paragraphs 11
and 12 of this agreement shall be released upon the completion of all work and public improvements to
the satisfaction of the City Engineer as provided and permitted by the Subdivision Map Act of the State of
California. Should Subdivider 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 Subdivider can be notified, City
may, at its option, make the necessary repairs or replacements or perform the necessary work, and
Subdivider shall pay to the City the actual cost of such repairs plus fifteen percent (15%).
19. Subdivider Not Agent 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.
20. Cost of Engineering, Inspection and Other Fees
Subdivider shall pay to the City all engineering and inspection costs as required by Section 15.11.040 of
the San Rafael Municipal Code and condition numbers 44 and 49 of City Council Resolution No. 12332
requires the subdivider to pay all fees shown below. Subdivider shall also pay overtime incurred by the
City Inspector whenever the Subdivider elects to work overtime or on Saturday, Sunday and Holidays.
Phase 1 - Parcel Map. Plan Check. Construction Fees
Phase 1 Expenses
Map and Construction Inspection
Amount Remaining (To be utilized for Phase 2)
Phase 2 — Parcel Map, Plan Check, Est Construction Fees
Remaining Amount Due ($65,000.00 — $35,554.16)
Traffic Mitigation Fee
Traffic Calming Measures Security Deposit
Emergency Vehicle Access Security
Sub -Total
Amount due ($29,445.84 + $323,252.00)
$101,924.00
$66,369.84
$35,554.16
$65,000.00
$29,445.84
$263,252.00
$50,000.00
$10.000.00
$323,252.00
$352,697.84
The total fees shall be forwarded to the City of San Rafael prior to the recordation of the Parcel Map.
21. 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 ensure its completion within the time specified, or any extensions thereof, or fails to
obtain completion of said work within such time, or if Subdivider should be adjudged a bankrupt, or
Subdivider should make a general assignment for the benefit 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 may serve written notice upon Subdivider and Subdivider's
surety of breach of this agreement, or of any portion thereof, and default of Subdivider.
Subdivision Agreement • 5
22. 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 improvements herein specified; provided however, that if the surety, within thirty (30) 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 City may elect to 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 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 therefore. The
Subdivider shall be liable to the City for any excess costs, claims, damages, liability, or expenses of
whatever nature or kind, direct or indirect, including reasonable attorney fees which are directly or
indirectly caused by the execution and enforcement of this agreement.
23. Binding of Agreement
This agreement shall bind, and the benefits inure to, the respective parties thereto, their legal
representatives, executors, administrators, successors in office or interest, and assigns.
24. Legal Fees
In the event that legal action is necessary to enforce any provision of this agreement, the prevailing party
shall be entitled to reasonable attorney fees and legal costs.
Dated this 21st day of Jani}ary, 2014
CITY O 'SAN RAF
GaryO. Phillips
Mayor
ATTEST:
Esther C. Beirne
City Clerk
APP OVED AS TO FORM:
Robert F. Epstein
City Attorney
APPROVED AS TO CONTENT:
]" M
Kevin McGowan
Assistant Public Works Director/City Engineer
SUBDIVIDER:
Marina Village Associates, LLC
A� invited ' mpany
Aram No, Authorized Signatory
Subdivision Agreement • 6
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ROUGH GRADING PLANS
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ROUGH GRADING PLAN E
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