1 RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
City of Pleasant Hill
Attn: City Engineer
100 Gregory Lane
Pleasant Hill, CA 94523
(Space above this line for Recorder's Use Only)
SUBDIVISION IMPROVEMENT AGREEMENT
FOR PARCEL MAP SUBDIVISION MS 22-227
(Government Code §66462 and PHMC §17.35.060.)
This Agreement is entered into on _______________, 2022 between the City of Pleasant Hill ("City") and Charles Gonsalves, a single man, as to an undivided 1/3 interest; Craig Gonsalves and Kimberly Gonsalves, husband and wife as community property with right of survivorship, as to an undivided 1/3 interest; and David Gonsalves and Charlene Gonsalves, Trustees of Gonsalves Family Trust Dated 11/8/2005, as to an undivided 1/3 interest ("Developer").
Recitals
A. Developer is the subdivider of real property located at 2161 Pleasant Hill Road, on one parcel totaling 0.90 acres, in Pleasant Hill. The Assessor's Parcel Number (APN) is as follows: 166-090-007-5 and described in Exhibit A, attached.
B. Developer has presented a final subdivision map for the Property, Parcel Map Subdivision MS 22-227, ("Parcel Map") and has requested that City approve the Parcel Map so that it may be filed and recorded as required by law.
C. As a condition precedent to the acceptance and approval of the Parcel Map, the City requires the construction of certain public improvements, as shown on the Parcel Map.
NOW, THEREFORE, the parties agree as follows:
1. Required Improvements.
2 a. Developer shall, at its sole cost and expense, install and complete the work and improvements required in the approved improvement plans for Parcel Map Subdivision MS 22-227 ("Improvements"), a copy of which is on file in the Public Works Department and incorporated herein by reference. All Improvements shall be done in a professional and worker-like manner in accordance with the latest City of Pleasant Hill Public Works Standards, the Standard Specifications of Contra Costa County for Public Works Construction and the latest Standard Specifications of the State of California, Department of Transportation. If there is any conflict between the specifications, the most stringent requirement shall prevail. b. Developer warrants that the Improvement plans identified in subparagraph a. above are accurate and complete. If at any time before expiration of the one year repair and maintenance period described in paragraph 4, the Improvement plans prove to be inadequate in any material respect, Developer shall make whatever changes are necessary to insure the plans are accurate and complete. Moreover, in the event that work on the Improvements has been performed pursuant to inaccurate or incomplete improvement plans, Developer shall correct such work as well at its own expense.
2. Time for Completion.
a. All Improvements shall be installed and completed within two years from the date of this Agreement. (PHMC §17.35.090.)
b. Developer guarantees completion of all underground utilities and off-site improvements prior to grant of Certificate of First Occupancy or as approved by the City Engineer.
3. Costs of Inspection. The City, or its contractor, shall inspect the Improvements and Developer shall pay the cost of any required inspection of the Improvements.
4. One Year Repair and Maintenance Period. For a period of one year from the date the City adopts a resolution formally accepting the Improvements, Developer agrees to maintain the Improvements and repair any defects in the Improvements. The City shall provide written notice of any repair or correction work which, in the opinion of the City Engineer, must be completed. If within the one year period Developer fails, refuses or neglects to complete any repairs or corrections within 30 days of mailing of written notice from the City, the City may complete the work and recover the full cost and expense of doing so from Developer, including proceeding against the security posted by Developer as required in paragraph 6. (PHMC §17.35.070.)
5. Security.
a. Amount of Security. Upon execution of this Agreement, Developer shall file the following bonds with the City:
3 (1) Faithful Performance Bond. Developer shall submit a corporate surety bond in the amount of $172,700.00 for improvements, which is 100% of the total estimated cost of construction of the Improvements, guaranteeing the faithful performance of this Agreement. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. (Gov't.
Code §66499.1 and PHMC §17.35.070 8.1.a.)
(2) Labor and Materials Bond. Developer shall submit a corporate surety bond in the amount of $172,700.00 for improvements, which is 100% of the total estimated cost of construction of the Improvements, guaranteeing the payment of all persons for labor or materials furnished in the construction of the Improvements. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. (Gov't. Code §66499.1 and PHMC §17.35.070 B.1.b.)
(3) Maintenance. Before the City's acceptance of the Improvements, Developer shall deposit with the City either cash or an acceptable corporate surety bond in the amount of 15% of the estimated cost of construction of the Improvements as security for maintenance of the Improvements and to guarantee the Improvements against any defective work or labor done, or defective materials used in the work. (PHMC §17.35.070 8.1.c.) b. Estimate of Improvement Costs. As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred by the City in enforcing the obligations secured. (Govt. Code §§ 66499.3, 66499.4 and PHMC §17.35.070.)
The estimate of improvement costs shall be as approved by the city engineer and shall provide for:
(1) Total construction costs, including implementing the pollution prevention plan (based on projected city costs under the State Public Contract Code); (2) Ten percent of the total construction cost for contingencies; (3) Increase for projected inflation computed to the estimated end of construction;
(4) All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to ensure installation; and
4 (5) Enforcement costs calculated as 5% of the estimated construction cost.
These enforcement costs are not added if the bond language includes enforcement costs in addition to the face amount of the bond. c. Release of Security. Release of security shall be in accordance with PHMC §17.35.070D.
6. No Waiver by City. City inspection, approval or acceptance of the Improvements shall not relieve Developer of its obligations to fulfill this Agreement as prescribed, nor shall the City be estopped from bringing any action for damages arising from Developer's failure to comply with the terms and conditions of this Agreement.
7. Indemnity. Developer agrees to defend, indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of the performance of this Agreement, except for any claim arising solely out of the active negligence, sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
8. Insurance. Developer, at Developer's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies with insurers possessing a Best's rating of no less than A:Vll:
a. Workers' Compensation Coverage. Developer shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Developer shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least 30 days before the change.
b. General Liability Coverage. Developer shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
5 c. Automobile Liability Coverage. Developer shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Developer arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
d. Course of Construction Insurance. Developer shall maintain course of construction insurance covering for all risks of loss in an amount equal to the value of the project. The policy shall name the City as a loss payee and shall be endorsed with a provision indicating the insurer shall waive all rights of subrogation against the City.
e. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
(1) The City of Pleasant Hill, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Developer, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
(3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
(5) Any explosion, collapse, and underground property damage exclusion must be deleted.
6 (6) Any failure to comply with reporting provisions of the policies shall not effect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(7) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
f. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Developer shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
g. Certificates of Insurance and Endorsements. Developer shall provide certificates of insurance with original endorsements to City as evidence of the required insurance coverage. Certificates of such insurance shall be filed with the City on or before of the Owner begins performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
9. Map Recordation. City agrees to allow Developer to record the Parcel Map.
10. Notices. Any notice or other communication required to be given under this Agreement shall be in writing, addressed as set forth below and either served personally or sent prepaid, first class mail:
If to City: City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
If to Developer: Charles Gonsalves, Craig Gonsalves, Kimberly Gonsalves, David Gonsalves and Charlene Gonsalves
P.O. Box 1097
Lafayette, CA 94549
Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
7 11. Heirs, Successors and Assigns. This Agreement shall be recorded with· the County Recorder's Office and the provisions of this Agreement shall bind and inure to the benefit of the heirs, successors, and assigns of the parties.
12. Amendments. This Agreement and the approved improvement plans referred to in this Agreement contain the entire agreement between Developer and the City with respect to the Improvements. No modification to this Agreement shall be effective unless it is in writing, signed by the Developer and the City and approved as to form by the City Attorney.
13. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF PLEASANT HILL: DEVELOPER:
Charles Gonsalves, a single man, as to an
undivided 1/3 interest
June W. Catalano By: Charles Gonsalves
City Manager Owner
Craig Gonsalves and Kimberly Gonsalves,
husband and wife as community property with
right of survivorship, as to an undivided 1/3
interest
By: Craig Gonsalves
Owner
By: Kimberly Gonsalves
Owner
David Gonsalves and Charlene Gonsalves,
Trustees of Gonsalves Family Trust Dated
11/8/2005, as to an undivided 1/3 interest
By: David Gonsalves
Owner
By: Charlene Gonsalves
Owner
Business License No.
9 APPROVED AS TO FORM: ATTEST:
Janet E. Coleson
City Attorney
Danielle K. Habr
City Clerk
1 0
Exhibit A
Property Description
All that certain real property situated in the City of Pleasant Hill, County of Contra Costa, State of California, described as follows:
Portion of Rancho Las Juntas described as follows:
Beginning on the center line of the County Road from Martinez to Walnut Creek, distant thereon North 2° 21'30" West 277.94 feet from the Northeasterly corner of the parcel of land described in the Deed from William H. Dukes and Lucy S. Dukes, his wife, to Charles L. Hall and May J. Hall, his wife, recorded April 24, 1907 in Volume 125 of Deeds at Page 266; thence from said point of beginning North 2° 21' 30" West along said center line 100 feet to the South line of the parcel of land described in the Deed from C.W. Conklin and Virginia D. Conklin, his wife, to W.S. Green and Mildred J. Green, his wife, dated August 13, 1941 and recorded August 14, 1941 in Volume 594, at Page 118, Instrument No. 18761, of Official Records; thence North 89° 59' 50" West along said line, 392.46 feet to the east line of the parcel of land described in the Deed from Alice Rodgers to Sadie Duane, recorded October 15, 1907 in Volume 129 of Deeds, at Page 274; thence South 1°14’ East along said line 98.96 feet; thence South 89°51’20” East 394.44 feet to the point of beginning.