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CITY COUNCIL AGENDA ITEM NO. 1
Meeting Date: April 22, 2003
Agreement with William Lyon Homes, Inc., Subdivision No.
Submitted by: Engineering:
B. Grewal/L. Vargas
Approved by: John Stevenson, City Manager
On June 19, 2001, the Planning Commission approved Planning Commission Resolution No. 01-53, which approved Tentative Subdivision Map No. 8424 with conditions.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REIMBURSEMENT AGREEMENT WITH WILLIAM LYON HOMES, INC. FOR SUBDIVISION NO. 8424 FOR COSTS ASSOCIATED WITH MASTER PLAN FACILITY IMPROVEMENTS
WHEREAS, on June 19, 2001, the Planning Commission adopted Planning Commission Resolution No. 01-53, which required the Developers of Tentative Subdivision 8424 to make certain Master Plan Facility Improvements; and
WHEREAS, on April 12, 1994, the City Council approved Resolution No. 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements; and
WHEREAS, certain Master Plan Facility improvements are reimbursable under the City of Brentwood Master Plan Facility Fee Program; and
WHEREAS, the Developer will construct the improvements eligible for reimbursement.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve a Reimbursement Agreement with William Lyon Homes, Inc. for Master Plan Improvements constructed in conjunction with Subdivision No. 8424 covered under Tentative Subdivision Map No. 8424, as shown on the Reimbursement Agreement Site Map.
PASSED, APPROVED AND ADOPTED
by the City Council of the City of Brentwood at a regular meeting on April
22, 2003 the by the following vote:
3.3 Term of Reimbursement Obligation. The City's obligation to reimburse the Developer shall continue for ten years from the date the Developer is first eligible for an annual reimbursement, unless the obligation is sooner satisfied. In the event there are insufficient funds in any given year in the facility fee fund responsible for the improvements constructed by the Developer, the term of this agreement shall be extended one year. In no event shall the term of this agreement exceed fifteen years from the date the Developer is first eligible for an annual reimbursement.
3.4. Maximum Reimbursement. The total amount of the reimbursement obligation over the life of this Agreement for the type of facilities described in Exhibit "B" shall be as determined by the CITY OF BRENTWOOD 2002/03 DEVELOPMENT FEE PROGRAM. The parties acknowledge and agree that the reimbursements and pre-paid fees under this Agreement is estimated to be FIVE MILLION FIVE HUNDRED NINETY ONE THOUSAND FIVE HUNDRED NINETY TWO DOLLARS AND FIVE CENTS. ($5,592,592.05)
3.5 Inspection. The City shall have the right at all times to inspect the construction of the improvements to measure compliance with City plans and specifications.
3.6 Areas and Quantities. The areas and quantities used to develop this reimbursement agreement are the best estimates available at the time. The actual areas and quantities may change at the time of dedication and/or construction. The reimbursable amount shall be based on actual areas and quantities, using the approved improvement plans for exact lengths. If it is determined that the areas and quantities have changed, the reimbursable amount may be adjusted.
3.7 Indemnity and Insurance.
b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 each accident shall be maintained. Such insurance shall include coverage for owned, hired and non-owned automobiles and shall contain the provisions set forth in subsections (a) (i) - (iii) set forth directly above.
c. Worker's Compensation Insurance. Worker's compensation insurance with statutory limits and employer's liability insurance with limits of not less than $1,000,000.00 each accident shall be maintained.
d. Other insurance Requirements. Developer shall:
i. Prior to taking any actions
under this Agreement, furnish City with properly executed certificates
of insurance which shall clearly evidence all insurance required in this
section and provide that such insurance shall not be canceled, allowed
to expire or be materially reduced in coverage except on thirty (30) days
prior written notice to City.
3.8 Commencement of Construction and Inspection. Developer and its contractor or subcontractors shall not commence construction of the Improvement until Developer has received written authorization from City to proceed. All work performed on the improvements shall be done in strict compliance with City approved plans, specifications and the contract documents and in a good and workmanlike manner. All work performed by Developer, its contractor or agents to construct the improvements shall be subject to inspection by City. All fees and costs to construct the improvements shall be borne solely by Developer, subject to reimbursement as provided herein. Inspection by City or its employees or agents shall not relieve Developer of its liability for design defects or improper or inadequate workmanship.
3.9 Compliance with Applicable Laws. Developer shall insure that all work performed on the improvements is performed in a manner which complies with all applicable federal, state, county and local government laws, regulations and rules, including all rules and regulations of City, as these rules and regulations may be modified or changed from time to time.
3.10 Contractor Licenses. All work performed on the improvements shall be done only by contractors licensed in the State of California and qualified to perform the type of work required and comply with the City's Business License Ordinance.
3.11 Acceptance of Work. Upon completion of the improvements to the satisfaction of City, the improvements shall be presented to the City Council for dedication and acceptance and for authorization to file a Notice of Completion. The City Council may accept the improvements if it determines that the Improvements were constructed in accordance with the approved plans, specifications and contract documents that they operate satisfactorily, and that all other requirements of this agreement have been satisfied. Immediately upon, and as a condition of the expiration of the guarantee period set forth in Section 3.13, Developer shall assign to City all of Developer's rights and remedies, including warranties, as set forth in the approved contract documents, and thereafter City shall have the same recourse under said contract documents that City would have had if City itself had engaged Developer's contractor to construct the improvements.
3.12 Liability for Work Prior to Formal Acceptance. Until the City Council has formally accepted the improvements, Developer shall be solely responsible for all damage to the work, regardless of cause, and for all damages or injuries to any person or property at the work site, except damage or injury due to the sole negligence of City, or its employees.
3.13 Guarantee. Developer shall guarantee all work and materials for the improvements to be free from all defects due to faulty materials or workmanship for a period of one (1) year after the date of formal acceptance of the work by City. A guarantee bond in the amount of 10 percent of the total cost of the improvements as determined by the City and satisfactory to the City in its sole reasonably exercised discretion shall be posted with the City prior to its acceptance of the improvements. Developer shall repair or remove and replace and all such work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship or materials within the one (1) year period, without any expense whatsoever to City. In the event Developer fails to comply with the above-mentioned provisions within thirty (30) days after being notified in writing (or in cases of emergency, immediately) City shall be authorized to proceed to have the defects remedied and made good at the sole cost and expense of Developer, who is hereby contractually bound to pay the costs and charges therefore immediately upon demand. Such action by City will not relieve Developer of the guarantee required by this section. This section shall not, in any way, limit the liability of Developer or any other party for any design or construction defects in the work subsequently discovered by City.
3.14 Record Drawings. Prior to acceptance of the improvements by the City Council, Developer shall provide City with one mylar copy of record drawings with certification by a licensed engineer in the State of California as to accuracy and completeness. Developer shall be solely responsible and liable for ensuring the completeness and accuracy of the record drawings.
3.15 Ownership of the Improvements. From and after acceptance of the improvements by formal action of the City Council, ownership of the Improvements shall be vested exclusively in City.
3.16 Notice. Any notices required or desired to be sent pursuant to this agreement shall be addressed as follows:
3.18 Attorney's Fees. In the event, any action is commenced to enforce or interpret any term or condition of this agreement, in addition to costs and any other relief, the prevailing party shall be entitled to reasonable attorney's fees. Jurisdiction over the authority in any dispute shall be maintained in Contra Costa County.
3.19 Entire Agreement. This agreement contains the entire agreement of the parties hereto with respect to the matters contained herein.
3.20 Assignment. This agreement shall not be assigned without the written consent of the parties hereto, and any assignment without such written consent shall be void and ineffective. The written notice shall become effective within thirty days upon delivery to the City, provided that the City shall not be responsible for any misdirected written notices under this section.
3.21 Time of Essence. Time is of the essence for this Agreement.
CITY OF BRENTWOOD DEVELOPER: WILLIAM LYON HOMES, INC.
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
Fax (925) 516-5441