HomeMy WebLinkAboutAgenda Report - June 3, 1987 (112)• CITY Uf- LUut COUNCIL COMMUNICATION
PUBLIC WORKS DEPARTMENT
T0:
FROM:
MEETING DATE
City Council
City Manager
June 3, 1987
AGENDA TITLE: Approve Final Map and Subdivision Agreement for Fawnhaven,
Area on Elgin Avenue, Fawnhaven Way and Valley Avenue, North
of Noma Ranch Subdivision
RECOMMENDED ACTION: That the City Council. approve the final map for
Fawnhaven, Tract No. 2084, and direct the I:ity Manager and City Clerk to
execute the subdivision agreement and map on behalf of the City.
BACKGROUND INFORMATION: Daryl and Opal Geweke, the developers of this
subdivision, have furnished the City with the improvement plans, the
necessary agreements, guarantees, insurance certificates, and fees for the
proposed subdivision.
The subdivision is located north of Noma Ranch as shown on Exhibit A and
contains a total of 20 residential lots.
�ZJ'41—
Jack
. Ronsko
ublic Works Director
JLR/SB/ma
Attachment
APPROVED:
CFAWNHAV/1-X T W.0?M
nager
FILE NO.
May 26, 1987
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SUBDIVISION AGREEMENT
for the
SUBDIVISION IMPROVEMENTS
of
FAWNHAVEN
TRACT NO. 2084
THIS AGREEMENT is made and entered into by and between the CITY OF LODI,
hereinafter referred to as "City", and DARYL GEWEKE
hereinafter referred to as
"Subdivider."
RECITALS:
Subdivider has presented to City for approval a final subdivision map,
hereinafter called "Map", entitled " FAWNHAVEN
The map was filed with the Public Works Director 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 improvements, 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 on 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
and endorsed with the approval of the Public Works Director.
Council of the City will adopt a resolution approving map and accepting
the dedications therein offered, on condition that Subdivider first enter
into and execute this agreement with City, and meet the requirements of said
resolution; and
This agreement is executed pursuai,t to the provisions of the Subdivision
Map Act of the State of California and Chapter 22 of the Lodi City Code.
NOW THEREFORE, for and in consideration of the approval of the Map and
of the acceptance of the dedications, therein offered, and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said
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FAWNHVSA/TXTW.OIC
Subdivision Map Act (Government Code 6641E et seq.) and said City Code,
the parties agree as follows:
1. Performance of Work by Subdivider
Subdivider will do and perform, or cause to be done and performed at
Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all under the direction and to the satisfaction
of the Public Works Director, all of the work and improvements as shown
on the approved improvement plans, Drawing No's. 86D147 through 86D149
for the subdivision, which are on file in the Public Works Department.
The Subdivider shall also perform or cause to be performed the
following items which are not shown on the improvement plans:
A. Street light installation;
B. Gas line installation;
C. Telephone line installation
D. Electrical system
E. Hook up street light system
Prior to the approval of the final subdivision map by the City, it is
agreed that the Subdivider shall deposit with the City the amount of
money shown as the "Subdivider Cost" on Billing Schedule attached hereto
and by this reference made a part hereof. -
2. Development Changes
-Subdivider shall also perform all work and furnish all materials
necessary to comply with any changes required by the Public Works
Director, which, in his opinion, are necessary or required to complete
the work in conformance with City standards.
3. Performance of Work by City
From payments made under Billing Schedule, the City will perform or
install or cause the installation of the following items:
A. Street name signs
B. Street seal coat
C. Fire hydrant markers
4. Work; Time for Commencement and Performance
Subdivider shall, within 365 calendar days from the date of this
agreement, perform or cause to be performed all work and/or
improvements described under this agreement. At least fifteen
calendar days prior to the commencement of work hereunder, Subdivider
shall notify the Public Works Director in writing of the date fixed by
Subdivider for commencement thereon, so that City can provide inspection
services.
FAWNHVSA/TXTW.OIC
5. Time Extension
Time is of the essence of this agreement. The City Council may extend
the time for con,pleticn of the improvements hereunder. 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. Survey Monuments
Prior to-acceptanc2 of the -subdivision improvementS,,�the"Subdivider
shall have installed and in place all survey monuments as shown on
the Subdivision Map.
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.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on said
improvement, or have a competent agent, foreman or superintendent,
satisfactory to the Public Works Director, on the work at all times
during progress, with authority to act for Subdivider.
9. 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.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
Improvement Security of at least one hundred percent (100%) of the
estimated contract price as security for the faithful performance of
this agreement and repair or replacement of defective work under
paragraph 15 following; and an amount equal to at least fifty percent
(50%) of the estimated contract price as security for the payment of all
persons performing labor and furnishing materials in connection with
this agreement as more fully described in the State Subdivision Map Act.
The City has determined these security amounts to as follows:
Faithful Performance $ 175,000.00 p
Labor and Materials $ 87,500.00
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FAWNHVSA/TXTW.OIC
11. Hold -Harmless Agreement
Subdivider hereby agrees to, and shalt, hold City, its elective and
appointive boards, commissions, officers, agents and employees,
harmless from any liability for damage orc.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 Subdivider or by any of Subdivider's
contractors, subcontractors, or by any one or more persons directly or
i.pdirectly:employed by, or acting as agent for, Subdivider or any of
Subdivider' -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
described 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 Subdivider's contract or subcontract until all similar insurance
required of the contractor or subcontractor shall have been so
obtained. All 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
Subdivider shall shall maintain, during the life of this agreement,
Worker's Compensation Insurance for all Subdivider's employees i
employed at the site of improvement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor ;
similarly to provide Worker's Compensation Insurance for all
contractor's or subcontractot-'s employees, unless such employees
are covered by the protection afforded by Subdivider. Subdivider
hereby indemnifies City for any damage resulting to it from
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FAWNHVSA/TXTW.01C
failure of either Subdivider or any contractor or subcontractor to
take out or maintain such insurance.
b. Comprehensive General and Automobile Insurance
Subdivider shall take out and maintain during the life of this
agreement such insurance as shall insure City, its elective and
-appointive boards, commissions, officers, agents and employees,
-Subdivider and any contractor or subcontractor performing work
covered by this agreement from claim-, for damages for personal
—injury, including death, as well as from claims for property
damage wh4ch may arise on the subdivision property, including any
public'streets'or easements, 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 anyone
directly or indi.•ectly employed by either Subdivider or any
contractor or subcontractor, and the amount of such insurance
shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$1,000,000
Bodily Injury
- Ea.
Occurrence/Aggregate
$1,000,000
Property Damage
- Ea.
Occurrence/Aggregate
or
$1,000,000
Combined Single
Limit
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000
Bodily Injury
- Ea.
Person
$1,000,000
Bodily Injury
- Ea.
Occurrence
$1,000,000
Property Damage
- Ea.
Occurrence
-- - - or
$1,000,000 Combined Single Limit
A copy of the certificate of insurance with the following endorsements
shall be furnished to the City:
(a) Additional Named Insured Endorsement
'Such insurance as is afforded by this policy shall also apply to the
City of Lodi, its elected and appointed Boards, Commissions,
Officers, Agents and Employees as Additional Named Insureds insofar
as work performed by the insured under written contract with the City
of Lodi. This endorsement shall be on the form furnished by the City
and shall be included with Subdivider's policies.
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional
Insureds shall apply as primary insurance. Any other insurance
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maintained by the City of Lodi vr its officers and employees shall be
excess only and not contributing with the insurance afforded by this
endorsement.
(c) Severability of Interest Clause
The. term "insured" is used severally and not collectively, but the-
inclusion
heinclusion herein of more than one insured shall not operate to
increase -the limit of the company's liability.
13. Evidence of Insurance
Subdivider 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 30 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 by City 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 plans and specifications referred to herein., Subdivider and
Subdivider's surety 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. Should
Subdivider or Subdivider's surety fail to act promptly nr.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 City the actual cost of such repairs plus fifteen (15) percent for
administration and overhead costs.
16. Mud, Debris and Dust
Subdivider agrees and covenants not to permit mud or other debris to
be tracked from the construction site or elsewhere onto City or
County streets or onto private property without express
permission. Subdivider further agrees not to cause damage to City or
County streets.
Should any mud or debris be deposited in City or County streets or any
damage caused to City, or County streets, the Subdivider shall have the
same removed or repaired forthwith, and if not removed or repaired
FAWhHVSA/TXTW.01C
upon notice within a specified time, the City shall cause the same to
be removed or repaired and the Subdivider shall be charged for the
cost of said removal or repairs.
The Subdivider, Subdivider's contractor and/or agents shall be
responsible so no dust problem is created during construction,
including installation of telephone, electrical, Cable TV and gas
facilities.
17. Fire Protection During Construction
Fire protect ion facilities, including all-weather access road and an
approved water supply capable of supplying the required fire flow,
shall be installed and made serviceable in accordance with
Sections 10.207 and 10.301 of the Uniform Fire Code, prior to and
during the time of building construction. The above may be modified
when alternate methods of protection approved by the Fire Chief are
provided.
18. Protection of Existing Improvements
Damage to any existing improvements or private or public utility lines
installed or being installed which damage occurs during the onsite
and offsite construction required of Subdivider shall be the
absolute responsibility and liability of Subdivider. In other words,
it shall be the Subdivider's responsibility to pay for damage to
existing improvements and public or private utilities within the
development. Damage to any existing facilities outside the limits of
the subdivision damaged as part of the construction of the required
subdivision improvements is also the Subdivider's responsibility.
19. Dwelling Occupancy
The City will not allow occupancy of any building or structure within
the subdivision until all subdivision improvements have been
apprived and accepted by the Public Works Department. If building
is started prior to acceptance of the subdivision ;mprovements, it is
the Subdivider's responsibility to inform all prospective purchasers
that occupancy will not be permitted until said improvements are so
accepced.
20. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors are
or shall by considered to be agents of City in connection with the
performance of Subdivider's obligations under this agreement.
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 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 bankrupt, or Subdivider should make a
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FAWNHVSA/TXTW.OIC
general assignment 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, the Public Works Director or City Council may serve written
notice upon Subdivider and Subdivider's surety or breach of this
agreement,"or of any portion thereof, and the default of Subdivider.
22. Breach of Agreement; Performance by SLrety 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 improvements 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
Subdivider, and Subdivider'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 work, such materials, appliances, plant and
other property belonging to Subdivider as may be on the site of the
work and necessary therefor.
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FAWNHVSA/TXTW.OIC
23. Notices
All notices herein required s"all be in writing, and delivered in
person or sent by registered riiail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
Jack L. Ronsko
Public Works Director
__..--221 West Pine -Street--
-- -- -
- Call Box 3006
Lodi, CA 95241-1910
Notices required to be given to Subdivider shall be addressed as
follows:
Daryl Geweke
Attention: Jeff Warner
P.O. Box 1210
Lodi, CA 95241
Notices required to be given to Subdividers Agent shall be
addressed as follows:
Notices required to be given to surety shall be addressed as
follows:
Provided that either 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.
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FAWUVSA/TXT4.01C
I
24. Execution
DATED this �4,-1,,'Day of � �' _ 19��%
In Witness Whereof, DARYL GEWEKE
have caused their names to be hereunto affixed and the City of Lodi
has caused its corporate name and seal to be hereunto affixed by its
proper officers theret ,,.o duly authorized.
At DTIV- DEREK
AN -0 —DE7 LO
ER
CITY OF LODI, A MUNICIPAL CORPORATION
By _
Thomas A. Peterson, City Manager
ATTEST:
Alice M. Reimche, City Clerk
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FAWNHVSA/TXTW.QIC