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HomeMy WebLinkAboutCC Resolution 13841 (Lands of Tanner)RESOLUTION NO. 13841 A RESOLUTION OF THE CITY OF SAN RAFAEL APPROVING THE SUBDIVISION MAP AND THE SUBDIVISION IMPROVEMENT AGREEMENT FOR 45 HAPPY LANE ENTITLED "PARCEL MAP - LANDS OF TANNER" WHEREAS, the City Council of the City of San Rafael did on September 21, 2009 adopt Resolution Number 12839 approving the subdivision (S08-004), Environmental and Design Review Permit (ED09-015), and Exception (EX09-005 for I lappy Lane Residential Rezone and Subdivision) (Lot -Split project at 45 I lappy Lane); APN 010-011-53; and WHEREAS, the applicant has submitted a Subdivision Map for said subdivision, entitled "Parcel Map — Lands of Tanner" 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 1. 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. 2. the "Parcel Map —Lands of Tanner" is hereby approved, conditioned upon submittal by the applicant of the signed Subdivision Improvement Agreement and any required bonds, documents and/or fees. 3. the City Clerk is authorized, 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 17th day of November, 2014, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Connolly .o P ESTIIER C. BEIRNE, City Clerk File No.: 15.08.01 RECORDING REQUESTED, AND WHEN RECORDED, RETURN TO: City of San Rafael City Clerk 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Esther C. Beirne, City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Request to Record Subdivision Map and Subdivision Improvement Agreement between the City of San Rafael (hereinafter referred to as "City") and Jon and Devon Tanner (hereinafter referred to as "Subdivider") Resolution No. 13841 A Resolution of the City of San Rafael Approving the Subdivision Map and the Subdivision Improvement Agreement for 45 Happy Lane Entitled "Parcel Map — Lands of Tanner" 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 Jon & Devon Tanner (hereinafter referred to as "Subdivider"). RECITALS: Subdivider has presented to City for approval a parcel map entitled: "PARCEL MAP — LANDS OF TANNER" prepared by Oberkamper & Associates Civil Engineers, Inc.. 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 apart 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 for PARCEL 2 at 45 HAPPY LANE" and subject to the conditions, requirements and recommendations as set forth by the San Rafael City Council Resolution No. 12839 adopted at the San Rafael City Council on the 21 st of September 2009. 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 constriction 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) years 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. 5. 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 Two Hundred Twenty Thousand Dollars ($220,000) 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 furnishing the credit pledges to the City it has the fiends necessary, that they are on deposit as guarantee for payment of the public improvements required and that the said finds 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 One Hundred Ten Thousand Dollars ($110,000) 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 N/A 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 the work or operations pursuant to this agreement of 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 pennit, and the final acceptance of said subdivision. D. The provisions of this section shall survive the termination or completion of this agreement for the frill period of time allowed by law. 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 this paragraph. 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 stricture furnished or installed or constricted, or caused to be installed or Subdivision Agreement • 4 constricted 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 Tees 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 City Council Resolution No. 12839 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. Plan Check Fee(Prior to 2009) $2,950.20 Plan Check Fee(2009 to Present) $1,863.00 Gracling Plan Check $185.00 Parcel Map Fee $571.00 Construction Inspection Fee $2,212.65 Grading Inspection Fee $510.00 In Lieu Parkland Dedication Fee $1,987.98 Total $10,279.63 Amount Previously Paid $3,706.23 Balance Amount Due $6,573.40 x The amount due shall be forwarded to the City of San Rafael prior to the recordation of the Parcel Map. Condition 5 of the Conditions of Approval requiring a $8,492 traffic mitigation fee shall be paid prior to the issuance of a building permit. Condition 26 of the Conditions of Approval requiring a school impact fee shall be paid prior to the issuance of a building permit. 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 andprosecute 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 17`h day of November, 2014 CITY OF S � RAF A L: f Gary NR-,Ii`llips Mayor ATTEST: Esther C. Beirne City Clerk Jon nner APPROVED AS TO FORM: Robert F. Epstein City Attorney APPROVED AS TO CONTENT: ° In f J -6- Z Kevin McGowan Assistant Public Works Director/City Engineer Subdivision Agreement • 6 State of CA County of Marin On the 13th day of November, 2014 before me, Courtnee Filian a Notary Public, personally appeared Jon Tanner and Devon James, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my n o tial st�"' Signature: Name: Courtnee Filian (typed or printed) CF/cf (Seal) �I a /_[ IA1191TAX-1Z7►gi`l-lZv1 State of California County of Marin ) On before me, E. Beirne, Notary Public (insert name and title of the officer) personally appeared dig®J c) ° Wr'L'1-r0 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)are subscribed to the within instrument and acknowledged to me that/she/they executed the same in /her/their authorized capacity(ies). and that by/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted; executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature � - (Seal) .i E. BEIRNE COMM. #1936401 ALIFCn IA C Ty My Camm. Expires June 10, 2015 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Department 1 i City Attorney 2 Contracting Department 3 Contracting Department fel City Attorney 5 City Manager / Mayor / or Department l -lead 6 City Cleric Description Completion Date Review, revise, and comment on draft l agreement. " g Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). Review and approve form of agreement; bonds, and insurance=sertificates,and endorsements. ,-. , %"- Agreement executed by Council authorized official. City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: i; ... e3 'f_ e { : Project Name: ��,;, �, t l '/� (' Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. x Council approval is required if contract is over $20,000 on a cumulative basis. CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: November 17, 2014 FROM: Kevin McGowan DEPARTMENT: Public Works DATE: 10-28-14 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY OF SAN RAFAEL APPROVING THE SUBDIVISION MAP AND THE SUBDIVISION IMPROVEMENT AGREEMENT FOR 45 HAPPY LANE ENTITLED "PARCEL MAP — LANDS OF TANNER" Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (Qnature) NOT APPROVED REMARKS: APPROVED AS TO FORM: �. z City Attorney (signature) ` File No.: 15.08.01