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HomeMy WebLinkAboutAgenda Report - June 17, 1987 (80)rITY -r-Nr. r 7 ,� �•� v i �-v v COUNCIL COMMUNICATION PU$LiC WORKS DEPARTMENT TO: City Council FROM: City Manager MEETING DATE: June 17, 1987 AGENDA TITLE: Approve Development Agreement for Temple Baptist Church, 801 S. Lower Sacramento Road RECOMMENDED ACTION: That the City Council approve the Development Agreement for Temple Baptist Church and direct the City Manager and City Clerk to execute it on behalf of the City. BACKGROUND INFORMATION: Temple Baptist Church of Lodi, Inc., the developer of tTiis parcel, has furnished the City with the improvement plans, the necesszry agreements, guarantees, insurance certificates, and fees for the proposed development. This development is located at 801 S. Lower Sacramento Road. It is zoned PD -16 and will be the location of a church and accessory buildings. J ck\\L. Ronsko Publilc Works Director APPROVED: CTEMPLEI/TXTW.02M _ FILE NO. J s June 9, 1987 naaer DEVELOPMENT AGREEMENT for the IMPROVEMENTS of 801 South Lower Sacramento Road THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City", and TEMPLE BAPTIST CHURCH , hereinafter referred to as "Subdivider." RECITALS: Subdivider has applied to the City for issuance of a building permit allowing subdivider to build on that parcel known as 801 South Lower Sacramento Road. Subdivider has requested issuance of the building permit prior to the construction and completion of improvements, including all streets, h,,Jhways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision, hereinafter called "subdivision", 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 issue, to Subdivider, the building permit, on condition that Subdivider first enter into and execute this agreement with City; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16 of the Lodi City Code. NOW THEREFORE, for and in consideration of the promises of the parties, each to the other, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act (Government Code 66410 et seq.) and said City Code, the parties agree as follows: ¢ f I. Performance of Work by Suhdivider 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 Nos. 87D038 through 87D039 for the subdivision, which are on file in the Public Works Department. -i- TMPLBPDA/TXTW.OIC c The Subdivider shall also perform or cause to be performed the. following items which are not shown on the improvement plans: A. Gas line installatirn; B. Telephone line instillation C. Electrical system 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. 2. Development Charges Prior to the issuance of the building permit by the City, it is agreed that the Subdivider shall deposit with the City the amount of money shown as the "Developer Cost" on Billing Schedule attached hereto and by this reference made a part hereof. 3. Perf-rmance 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. Fire hydrant markers C. Lower Sacramento Road Paving 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 thereof, so that City can provide inspection services. 5. Time Extension Time is of the essence of this agreement. 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 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. -2-- TMPLBPDA/TXT'oi.fl1C 6. 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 tees and t?xes required by lata. 7. 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. 8. Inspection by City Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City to all parts of thF work. 9. Contract Security Concurrently with the execution hereof, Subdivider shall furnish Improvement Security of at least one hundred percent (100%) of the estimated con`:. -act price as security for the faithful performance of this agreement and repair or replacement of defective wor4 under paragrap,, 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 be as follows: Faithful Performance $ 16,600.00 Labor and Materials $ 8,300.00 10. 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 Subdivider or by any of Subdivider's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Subdivider it 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 -3- TMPLBPDA/TXTW.01C L f... damages A 411anarl +n havo ha. n rAsicaA by raacnn of anv .. v� .. dages caused, v. -7•.•• _ .�•• a �� ✓ of the aforesaid operations; provided as follows: a. That City does not, and shall not, waive any rights aoainst Subdivider which it may have by reason h.^,id-harmless agreement, beca!"se of the deposit with City by Subdivider, of any described in paragraph 12 hereof. of the aforesaid acceptance by City, or the of the insurance policies 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 sh 11 have been determined to be applicable to nany of such damages or claims for /damages. ll. Subdivider's Insurance 12 /�/.��.o %� � ,,. .Tree; •u t/.!/r� Subdivider shall not commence work udder this agreement until Subdivider shall have obtained all insurance required under this paragraph, nor shall Subdivider allow any contractor or subcontractor co 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 maintain, during the life of this agreement, Worker's Compensation Insurance for a1 Subdivider's employees employed at the site of improvement, dsd in case any work is sublet, Subdivider shall require a:,y contractor or subcontractor snf larly to provide Worker's Compensation Insurance- for --all >" contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. Subdivider hereby indemnifies City for any damage resulting to it from 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 claims for damages for personal injury, including death, as well as from claims for property damage which 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 -4- TMPLBPDA/TXTW.01C Subdivider or any contractor or subcontractor or by anyone directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amount of such insurance shall be as follOW's: 1. COMPREHENSIVE GEtiERAL 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. COMPRENENSTi►E AUTOMOBILE LIABILITY $1,000,000 Bodily Injury - Ea. Person 51,000,000 Bodily Injury - Ea. Occurrence $1,000,000 Property Damage - Ea. Occurrence or $1,OOR,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 ash insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance. Any other insurance maintained bthe City of Lodi or 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 herein of more than one insures: shall not operate to increase the limit of the company's liability. 12. 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 -5- TMPLBPDA/TXTW.OIC notice of the cancellation or reuuction coverage of any policy du1-iria the effective period of this agreement. 13. Title to Improvements Title to, and ownership of, all improvements constructed hE eunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City 14. Repair or Reconstruction of Defective Wore 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 darts of the work or structure. Should Subdivider or Subdivider's surety 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 City the actual cost of such repairs plus fifteen (15) percent for administration and overhead costs. 15. 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 norm;cci.nn. cuhd v_ider_further aa.rees_not to- cause_damaae to_Citv_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 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. 16. Fire Protection During Construction Fire protection facilities, including all-weather access road and an approved water supply capable of supplying the required fire flow, -6- TMPLSPDA/TXTW.01C l r 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. 17. 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 ,ether words, it shall be the Subdivider's responsibility to pay for damage to existing improvements and public or private uti-ities 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. 18. Dwelling Occupancy The City will not allow occupancy of any building or structure within the subdivision until all subdivision improvements have been approved and accepted by the Public Works Department. If building is started prior to acceptance of the subdivision improvements, it is the Subdivider's responsibility to inform all prospective purchasers that occupancy will not be permitted until said improvements are so accepted. 19. 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. 20., 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 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. 21. Breach of Agreement; Performance by Surety or City x 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 -7- TMPLBPDA/TXTW.OIC specified; provided however, that if the surety, within five days, after the serving upon it of sueh notice of breach, does not give Citv written n„tice of its intention to take over the performance of the con'ract, and does not commence performance thereof within five days after notice to Cicy of such election, City may take over the work and prosecute the some to completion, by contract or by any ot'-er method City may deem advisable, for the account and at the expense of Subdivider, aA 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. W TMPLBPDA/TXTW.01C 22. 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 follows: Jack L. Ronsko Public Works Director 221 West Pine Street Call Box 3006 Lodi, CA 9524.1-1910 Notices required to be given to Subdivider shall be addressed as follows: Temple Baptist Church c/o Morrie E Wenell Attn. Larry Wenell 222 W. Lockeford St., Ste. 9 Lodi, CA 95240 Notices reouired to be given to Subdivider's Agent shall be addressed as follows: Larry Wenell c/o Morris & Wenell 222 W. Lockeford St.. Ste. 9 Lodi CA 95240 Notices required to be given to surety shall be addressed as follows: J Edward Wild escent Avenue _ 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. -9- TMPLBPDA/TXTW.01C i { i . z 23. Execution DATED this ZtA Day of in Witie,s Whereof, TEMPLE BAPTIST CHURCH 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 thereunto duly authorized. SUBDIVIDERS, DEVELOPERS AND; OR OWNERS C � CITY OF I, IPAL CORPORATION B Thomas A. Peterson, City Manager ATTEST: Alice M. Reimche, City Clerk TMPLBPDA/TXTW.OIC -10- CORPORATE SEAL