HomeMy WebLinkAboutAgenda Report - July 1, 1987 (93)I`I TY OF LO Q f COUNCIL COMMUNICATIONPUBLIC WORKS DEPARTMENT
TO: City Council
FROM: City Manager
MEETING DATE: July 1, 1987
AGENDA TITLE: Approve Development Agreement for Herb Preszler at
25 S. Stockton Street
RECOMMENDED ACTION: That the City Council approve the development
agreement for 2;—S. Stockton Street and direct the City Manager and City
Clerk to execute it on behalf of the City.
BACKGROUND INFORMATION: Herb Preszler, the developer of this parcel, has
furnished �tFieCity with the improvement plans, the necessary agreements,
guarantees, insurance certificates, and fees for the proposed development.
This development is located at 25 S. Stockton Street. See Exhibit A. It is
zoned M-1 and will be the location of a metal building for commercial
purposes.
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kac-Ronsko
tic Works Director
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Attachment
APPROVED:
iTv Manager
FILE NO.
CPRESZLF/TXTW.02M June 23, 1987
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DEVELOPMENT AGREEMENT
for the
IMPROVEMENTS
of
25 SOUTH STOCKTON STREET
THIS AGREEMENT is made and entered into by and between the CITY OF LODI,
hereinafter referred to as "City", and HERB PRESZLER, 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 25 SOUTH STOCKTON STREET.
Subdivider has requested issuance of the building permit.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", 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 ;n 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:
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. 870040 for the
subdivision, which are on file in the Public Works Department.
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PRESZLDA/TXTW.01C
The Subdivider shall also per�or:-! or cause to be performed the
following items which are not shown on the improvement plans:
A. Gas line installation;
B. Telephone line installation
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. 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. Fire hydrant markers
4. Work; Time for Commencement and Performance
Subdivider shall, within 365 calendar days from the date of this
agreement, perforce 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.
6. Permits; Compliance with Law
Subdivider shall, 3t Subdivider's expense, obtain all necessary permits
and licenses for the construction of such improvements, give all
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PRESZLDA/TXTW.OIC
ne4eSSary notices and pay all fees and taxes required by law.
7. Superintendence by Subdivider
Subdivider- shall give personal superintendence to the work on said
irprove,ment, or have a competent agent, foreiTan 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 Citv
Subdivider shall at all times maintain proper facilities, and provide
safe access for inspection by City to all parts of the work.
9. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
Improvement Security of at least one hundred percent (100%) -.f 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 4nd 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 $ 9,300.00
Labor and Materials $ 4,650.00
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
persanal 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 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.foliows:
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.
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PRFS7E_DA/TXTW.01C
b. That the aforesaid hold-Farmless agreement by Subdivider
shall apply to all damages and claims for damages of every kind
suffe-ed, 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-r-ep-;:red, 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.
11. 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 maintain, during the life of this agreement,
Worker'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 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, includ:ng 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 oy Subdivider or any contractor or subcontractor or by anyone
directly or indirectly employed by either Subdivider or any
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DRFC71 nA /TXTw ni c
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 Ni.med 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
maintained by the 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 rot collectively, but the
inclusion herein of more than one insured 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
notice of the cancellation or reduction in coverage of any policy
during the effective period of this agreement.
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DAF r,71 na /TYTW nl ('
17
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14.
15.
16.
Ti+ln +n Tmnv.n.rnmontc
1;,,C — a ... F
Title to, and ownership of, all improvements constructed Fereur.der by
Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
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 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 it; 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.
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
upon notice within a specified time, the City shall cause the same to A
be removed or repaired and the Subdivider shall be charged for the g
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.
Fire Protection During Construction
Fire protection 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.
PRESZLDA/TXTW.OIC
17. Protection of Existing Improvements
Damage to any existing in,,.,-ovements or private or public utility lines
installed or being 4nstailed 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.
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 improvcments 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 complexion 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
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
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PRESZLDA/TXTW.01C
Subdivider, and I)ubdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event,
:ity 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.
PRFC71 f)A/TXTW.Olr..
22. Notices
All notices herein required shah be in writin5, 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 95241-1910
Notices required to be given to Subdivider shall be addressed as
follows:
Herb Preszler
P.O. Box 1434
Lodi, CA 95241
Notices required to be given to Subdivider's Agent shall be
addressed as follows:
Notices required to be given to surety shall be addressed as
follows:
Mr. Einar N. Bucae
FAIRMONT INSURANCE COMPANY
1540 River Park Drive, Suite 201
Sacramento, CA 95815
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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STATF
. COUNTY OF - - --5AN..JQAQUTN....... .
FQ0 OFFo-
AAL SEA
L
MANE KELLEY
N0TAR PUBLIC - CALIFORNIAALIFSAN. 1040UjN CouN�y
M Comm
Emeses No• 9 1987
(h; 0.1. 13th 'mt- t-1 MAY .111 Ilts'.yp"t
....................... 1.9.87 .... ............ ....... ................
DIANE KELLE.Y. .................. — a Notary Public, State of California,
..........
duly commissioned and sworn, Nwally appenred ..................................
H PRIMER, ........ . ............ .......
personally known to me for provi4l to me an the linpipt of suitinfitrtary rvidence) 141 N
the penin - - - . whose name .......................... i S ........ ..................
subscribed to this instrument, and acknowledged that .... he .... executed it.
IN WITNESS WHEREOF I have hereunto act my hand and affixed my official seal
inthe ............................ .... ...... ........................... County 01
7-C .... SAN ... JOA9.UAN ........... ... .. ...... on thidate set forth above
in this certificate.
an dop—M 11 C+V a paw, � wh-dl t* P*o 60- v Vft radeste
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p- 1W No Public, Statelilrornia
W -Vw woo —,.My to P�a Or
1.40MYNov. 9, 1987
My.commission expires —
Cowdery'F Form No. 32 — Acknowledgement to Notary Public — Individuals — (C.C. Sec. 1189) — (Rev. 1183)
23. Execution
DATED this Day oT _ TML `z 19 87
In Witness Whereof, HERB PRESZLER
has caused his name 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
t
CITY OF MU PAL CORPORATION
B
Thomas A. Peterson, City Manager
ATTEST:
Alice M. Reimche, City Clerk
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PRFr,71 DA/TXTW . ni C
CORPORATE SEAL
CITY OF LODI
PUBLIC WORKS DEPARTMENT
COST ESTIMATE
FOR
IMPROVEMENT SECURITY
Development: 25 South Stockton Street Acres: 1.0
Developer: Herb Preszler Date:May TP 1987
b
y=
Engineer: Baumbach & Piazza Ck'd by: WF
OAK STREET WATER LINE AND FIRE HYDRANT
8" Water (C1.150)
182
LF @
$ 28.00
$
5,096.00
8" Water (C1.200)
27
LF @
30.00
810.00
Fire Hydrant
1
EA @
1,200.00
1,200.00
6" Valve
1
EA @
550.00
550.00
6" Lateral
16
LF @
15.00
240.00
2" Water Service
1
EA @
500.00
500.00
Temporary Blowoff
1
EA @
650.00
650.00
ESTIMATED
CONSTRUCTION COST
$
9,046.00
Engineering Cost .(Surveying
@
+
3% —}
254.00
TOTAL ESTIMATED
COST
$
9,300.00
IMPROVEMENT SECURITY
REQUIREMENTS
100% Faithful
Performance
$
9,300.00
500b tabor and Materials $ 4,650.00