to Reso. No. 2024- 191
City Council
Staff Report
Subject:
Maverik Landscape Agreement
Date:
October
8, 2024
Submitted By:
Rick Lawrence, Public Works Manager
Justin Nartker, Public Works Director
Department:
Public Works
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving a Landscape Maintenance Agreement and Authorizing the City Manager to Execute the Landscape Maintenance Agreement with Maverik, Inc.
Background:
As a part of the Maverik, Inc. project, the developer (Maverik, Inc.) has agreed to maintain the City-owned landscape area within the City-owned right-of-way along the Maverik, Inc. perimeter, located on Sunset Boulevard. A Landscape Maintenance Agreement is required to formalize this arrangement. This agreement will ensure a uniform landscape treatment and simplify maintenance responsibilities. Maverik, Inc. will maintain the landscape and irrigation system on the city owned right-of-way located on Sunset Boulevard, as identified on the Project Location Map (Attachment 2).
This agreement provides a benefit to both Maverik, Inc. and the City by eliminating the need to install duplicative irrigation systems for both the project frontage and the City’s right-of-way. It also provides the developer control of the aesthetics of their frontage, and long-term maintenance savings to the City. The agreement requires the developer to maintain proper insurance coverage naming the City as an additional insured, and includes the City’s standard hold harmless provision.
Fiscal Impact:
There is no impact to the General Fund from the staff recommendation.
Item Number C8.
ATTACHMENTS:
1. Resolution
2. Project Location Map
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Resolution No. 2024- October 8, 2024 Page 1 of 1
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING A LANDSCAPE MAINTENANCE AGREEMENT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE LANDSCAPE
MAINTENANCE AGREEMENT WITH MAVERIK, INC.
WHEREAS, on March 2, 2021, the City of Rocklin Planning Commission approved the design review for Maverik, Inc.; and,
WHEREAS, Condition No. 7 in the Design Review requires the Developer and the City enter into a Landscape Maintenance Agreement whereby the property owner shall maintain the irrigation system and all plant materials.
The City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council of the City of Rocklin approves and directs the City Manager to execute an agreement for landscaping maintenance between the City of Rocklin and Maverick Inc., in the form attached hereto as Exhibit A and by this reference incorporated herein.
Section 2. The City Clerk is authorized and directed to record the Landscaping Maintenance Agreement in the Office of the Placer County Recorder when fully executed and notarized.
PASSED AND ADOPTED this 8th day of October, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
193
Recording Requested by
and Return to:
No Fee Per Gov’t Code § 27383
City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
LANDSCAPING MAINTENANCE AGREEMENT
(Maverik, Inc.)
This Agreement is entered into as of October 8, 2024, by and between the City of Rocklin, a municipal corporation (“City”) and Maverik, Inc. (“Developer”).
RECITALS
1. Developer has received approval for and is pursuing construction of the project known as Maverik Gas Station (“Project”) approved by Rocklin Planning Commission Resolution No. PC 2021-03.
2. A condition of approval of the Project requires Developer to landscape and maintain the perimeter of the site, a portion of which is immediately adjacent to the landscaperd right-of-way of Sunset Boulevard. The landscaped areas of the Project and the adjacent right-of-way are depicted on Exhibit A, attached hereto and by this reference is incorporated herein, (“Landscaped Area”). The portion of the Landscaped Area within the City right-of-way would normally be maintained by the City out of revenues generated by CFD 5 (the “District”) of which the Project is a part.
3. To insure a uniform landscaping treatment and simplify maintenance responsibilities, City and Developer enter into this Agreement to allow Developer to landscape the right-of-way portions of the Landscaped Area along with the Project landscaping and assume maintenance responsibility for the entire Landscaped Area.
4. Developer shall prepare and submit to the City’s Director of Community Development and the City’s Public Works Director final landscape and irrigation plans for all of the Landscaped Area shown on Exhibit A and in compliance with all conditions of Project approval.
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5. Developer shall obtain an encroachment permit for all improvements within the public right-of-way. Developer shall post a performance bond and labor and materials payment bond (or other equivalent financial security) in the amount of 100% of the cost of the improvements to be constructed in the public right-of-way as improvement security to ensure the faithful performance of all duties and obligations required of Developer in the construction of the improvements. Such improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a corporate surety bond, a letter of credit, or other instrument of credit issued by a banking institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on deposit and guaranteed for payment, or a cash deposit made either directly with the City or deposited with a recognized escrow agent for the benefit of the City.
6. Developer shall supply City with a complete set of as-built plans of the landscaping and irrigation system within five (5) days of final inspection and approval.
7. Developer shall at all times maintain the Landscaped Area in a professional manner commensurate with the standard of maintenance provided by City in its landscaped rights-of-way in the vicinity of the Project site.
8. Insurance.
A. Developer shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of work under this Agreement and the results of that work by Developer, its agents, representatives, employees, or subcontractors. All coverage available to the Developer as named insured shall be made available to the City, its officers, employees and volunteers as additional insured.
Developer shall provide to City the full policy limits of Developer’s insurance, with coverage at least as broad as, and limits no less than, the following:
1. General Liability. Developer shall maintain in full force and effect a policy of commercial general liability insurance (ISO occurrence form CG0001) with limits no less than the following: two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this agreement, or the general aggregate limit shall be twice the required occurrence limit.
2. Worker’s Compensation and Employer’s Liability Insurance.
Developer shall fully comply with the law of California concerning worker’s compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Developer may have for worker’s compensation. Developer shall also maintain in full 195
force and effect a policy of employer’s liability insurance with limits no less than the following: one million dollars ($1,000,000) each accident; one million dollars ($1,000,000) policy limit bodily injury by disease; one million dollars ($1,000,000) each employee bodily injury by disease.
3. Automobile. Developer shall maintain in full force and effect a policy of commercial automobile liability insurance (ISO Form CA0001 Code 1 (any auto) or Code 8, 9 if no automobiles owned), with limits no less than the following: one million dollars ($1,000,000) per accident for bodily injury and property damage.
B. The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, employees and volunteers shall be added as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Developer, and with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of section 2782 of the Civil Code.
2. For any claims related to work or operations performed by or on behalf of Developer, the Developer’s insurance coverage shall be primary insurance as respects the City, its officers, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, employees, or volunteers shall be excess of the Developer's insurance and shall not contribute with it.
3. Coverage shall not be cancelled by the Insurer except after thirty (30) days prior written notice has been given to the City.
C. The insurance company or companies providing Developer the coverages required by this Agreement shall be admitted in the State of California and have a current A.M. Best’s rating of no less than A:VIII or equivalent acceptable to City.
D. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees and volunteers; or the Developer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
E. The insurance shall be maintained from the time the work first commences until completion of the work under this Agreement and shall be on an occurrence policy form.
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F. If Developer, for any reason, fails to maintain insurance coverage which is required under this Agreement, the failure shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from Developer resulting from the breach.
G. Developer shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
H. Developer shall furnish City with original certificates and amendatory endorsements effecting coverage required by this Agreement. The certificates and endorsements should be on forms provided by the City, or on other than the City’s forms, provided those endorsements or certifications conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by this Agreement at any time.
Developer shall replace certificates of insurance for policies expiring prior to completion of the work under the Agreement, and shall continue to furnish certificates for five years beyond the Agreement terminate date, when the Developer has a claims made form of insurance.
I. The worker’s compensation and employee’s liability insurance are to contain, or be endorsed to contain, the following provision: the State Compensation Insurance Fund waives any right of subrogation against the City, its officers, employees, and volunteers, which might arise by reason of any payment by the State Compensation Insurance Fund in connection with work performed by Developer under this Agreement.
9. Developer shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers from and against all claims, damages, losses, and expenses, including litigation costs and attorneys fees, arising out of Developer's performance or non-performance of its duties and obligations under this Agreement, caused in whole or in part by any negligent act or omission of Developers, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City.
10. Developer agrees to remedy any defects in the landscaping and irrigation system within the Landscaped Area arising from faulty or defective design or construction occurring at any time during the term of this Agreement. 197
11. Attorney Fees; Litigation Costs.
If the services of any attorney are required by any party to secure the performance of this Agreement or otherwise upon the breach or default of another party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provisions of this Agreement or the rights and duties of any person in relation to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and other expenses in addition to any other relief to which such party may be entitled.
Prevailing party includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court of law.
Whenever provision is made in this Agreement for the payment of attorney’s fees, such fees shall be payable whether the legal services are rendered by a salaried employee for the party or by independent counsel and shall include such fees as are incurred in connection with any pretrial proceeding, trial or appeal of the action.
Any award of damages following judicial remedy or arbitration as a result of the breach of this Agreement or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law.
12. This Agreement may be terminated by either party upon thirty (30) days written notice to the other. Upon notice of termination being given, and within that thirty (30) day period, Developer shall complete the following requirements:
A. Developer, at its sole cost, shall provide for the continued irrigation of the public right-of-way portion of the Landscaped Area, separate from the privately owned portion of the Landscaped Area.
B. Developer shall modify or replace the then existing irrigation system, to the satisfaction of City, and install, or pay the City the cost to have installed, a City water meter located within the public right-of-way. If the Developer fails to perform the work necessary to revise the irrigation system and install a City water meter, the City may at its option, perform or cause to be performed said work on behalf of Developer and assess a lien against Developer’s property for the cost of the work.
13. The obligations set forth in this agreement are covenants that run with the land and are appurtenant to and shall burden Developer's property (and any portion into which such property may hereafter be divided), and are for the benefit of the adjacent City owned right-of-way.
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14. This Declaration shall inure to the benefit of and be binding upon Developer, and their respective heirs, personal representatives, successors and assigns, and upon any person acquiring Developer’s property, or any portion thereof, or any interest therein, whether by operation of law, foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise.
15. Notices shall be deemed given when mailed first class, postage prepaid, or personally delivered to the principal office of the other party at the following address:
City: City of Rocklin
c/o City Manager
3970 Rocklin Road
Rocklin, California 95677
Developer: Maverik, Inc.
185 S. State Street, Ste. 800
Salt Lake City, Utah 84111
Notices may be sent to such other persons and addresses as either party may designate from time-to-time in writing.
16. This Agreement shall be recorded in the Office of the Placer County Recorder.
The parties have executed this Agreement on the date first above written.
CITY OF ROCKLIN
By:_______________________________________
Aly Zimmermann, City Manager
DEVELOPER:
Signature:_________________________________
Print Name:___________________________
Its:_______________________________________
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APPROVED AS TO FORM
Matthew McOmber, City Attorney
ATTEST
Avinta Singh, City Clerk
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ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______________
On ______________ before me, ____________________________, Notary Public, personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________. (Seal)
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ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______________
On ______________ before me, ____________________________, Notary Public, personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________. (Seal)
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Landscaping Maintenance Agreement
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Project Location Map
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City Council
Staff Report
Subject:
Astound Broadband Powered By Wave Agreement
Date:
October
8, 2024
Submitted By:
Rick Lawrence, Public Works Manager
Justin Nartker, Public Works Director
1. Resolution
Department:
Public Works
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Adopting and Authorizing the Agreement with Astound Broadband Powered by WAVE, for Intelligent Transportation System (ITS) Communication and Networking Services and Authorizing the City Manager to Execute an Agreement.
Background:
On May 14, 2019, the City Council approved the Intelligent Transportation System (ITS) Masterplan (Resolution No. 2019-106), which identified a phased backbone traffic control infrastructure and a central traffic control system. The ITS Masterplan builds upon the General Plan and Traffic Circulation Element by setting the vision, goals and objectives for traffic flow from an operational perspective.
Subsequently, on June 11, 2019, the City Council adopted Resolution No. 2019-146, which authorized infrastructure and communication services with Astound Broadband Powered by WAVE (Astound) for ITS along Sunset Boulevard, Pacific Street, Rocklin Road, and Sierra College Boulevard. This agreement expired in 2024. On December 12, 2023, the City Council adopted Resolution No. 2023-213, which authorized a new ten (10) year agreement with Astound for ITS throughout the City, allowing for a lower per intersection/circuit rate for the length of the agreement with the opportunity to add additional circuits, as needed, at the same rate and without installation costs.
Part of the overall ITS system requires two 1 Gigabyte circuits that transmit the data from the smaller circuits to the server in the Police Department building. When drafting the agreement that was approved in December of 2023, Astound inadvertently omitted these two larger circuits from the agreement. Staff has worked with Astound to establish a new agreement for these circuits with the same term as the agreement approved in December of 2023. This agreement will be retroactive to December 12, 2023, to address the error and bring the billing current for the services received.
Item Number C9.
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Pursuant to the Rocklin Municipal Code 3.04.070(i) the City Council may approve a contract duration longer than three years for good cause. Staff recommends a ten (10) year agreement with Astound Broadband Powered by WAVE to secure a sustainable ITS system for the next decade.
Fiscal Impact:
There is no additional fiscal impact to the staff recommendation. The costs of these increases are included in the Fiscal Year 2024/25 Operating Budget.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Agreement
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Resolution No. 2024- October 8, 2024 Page 1 of 3
1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ADOPTING AND AUTHORIZING THE AGREEMENT WITH ASTOUND
BROADBAND POWERED BY WAVE, FOR INTELLIGENT TRANSPORTATION
SYSTEM (ITS) COMMUNICATION AND NETWORKING SERVICES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WHEREAS, the ITS Master Plan was adopted on May 14, 2019, Resolution No. 2019-106 building upon the General Plan and Traffic Circulation Element by setting the vision, goals and objectives for traffic flow from an operational perspective; and
WHEREAS, on June 11, 2019, the City Council adopted Resolution No. 2019-146 with Astound Broadband Powered By WAVE (formerly WAVE), which provided the infrastructure and communication services for ITS along Sunset Blvd, Pacific St, Rocklin Rd, and Sierra College Blvd. at a cost that was advantageous to the city; and
WHEREAS, to accommodate the growing traffic signal ITS network and the Police Department’s LPR program, the City Council adopted Resolution No. 2023-213 allowing for a lower per intersection/circuit rate however, the two 1 Gb circuits that transmit the data to the Police Department were inadvertently left off the agreement; and
WHEREAS, Staff has worked with Astound to address the error and establish an agreement for the two circuits, making it retroactive back to the original December 12, 2023 agreement to bring the billing current; and WHEREAS, Pursuant to the Rocklin Municipal Code 3.04.070(i) the City Council may approve a contract duration longer than three years for good cause; and
WHEREAS, there is no additional impacts as the costs for this service are included in the individual department’s budgets as needed.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council hereby approves and authorizes the City Manager to execute agreements with Astound Broadband Powered By WAVE (formerly WAVE) in substantially the form attached hereto as Exhibit A. 207
Resolution No. 2024- October 8, 2024 Page 2 of 3
1 PASSED AND ADOPTED this 8th day of October, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
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EXHIBIT A
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City Council
Staff Report
Subject:
Turn-Key Park Subdivision Improvement Agreement for Vista Oaks Date:
October
8, 2024
Submitted By:
Veronica Tracy, Parks and Recreation Director
Department:
Parks and Recreation
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Subdivision Improvement Agreement for Turn-Key Park (Vista Oaks/ SD-2001-04A, TRE-2001-30A).
Background:
On May 10, 2022, the City Council approved the tentative subdivision map for Vista Oaks (Resolution No. 2022-100) subject to certain conditions, including the execution of an agreement for the dedication and improvement of a public park as part of Phase I. In accordance with the Subdivision Map Act and the Rocklin Municipal Code, the developers are required to enter into a Subdivision Improvement Agreement (SIA) for this purpose.
The SIA stipulates the development of the park, access road, and associated improvements, ensuring that the park complies with City standards and is completed within the agreed upon timeframe.
Key Terms of the Agreement:
Developers must submit park improvement plans to the City’s Parks and Recreation Department and Commission for approval.
Plans must include the park design and a 20-foot-wide access road.
The park will be constructed according to City standards and the approved design.
The improvements must be completed within 18 months of recording the final map for Phase I.
Developers are required to dedicate Parcel E and access road to the City upon satisfactory completion of improvements, following a site assessment to confirm the land’s suitability for park use.
Fiscal Impact:
There is no immediate fiscal impact associated with the approval of this agreement. The developer will bear all costs related to the design and construction of the park and access road. The City may reimburse the developer for park fees upon acceptance of the completed improvements.
Item Number C10.
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ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Turn-Key Park Agreement
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Resolution No. 2024- October 8, 2024 Page 1 of 1
1 RESOLUTION NO. 2024 –
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBDIVISION IMPROVEMENT AGREEMENT FOR TURN-KEY PARK
(Vista Oaks/ SD-2001-04A, TRE-2001-30A)
The City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council of the City of Rocklin hereby finds as follows:
A. That a tentative subdivision map for a subdivision known as Vista Oaks (Vista Oaks/ SD-2001-04A, TRE-2001-30A) (the "Subdivision") was approved subject to certain conditions, including the execution of an agreement for the dedication and improvement of a public park;
B. This condition shall be satisfied by execution of a Subdivision Improvement Agreement – Turn-Key Park in the form attached hereto as Exhibit A.
Section 2. The Subdivision Improvement Agreement for Turn-Key Park, attached hereto as Exhibit A and by this reference incorporated herein, is hereby approved, and the City Manager is authorized and directed to execute the agreement on behalf of the City.
Section 3. The City Clerk is hereby authorized and directed to record the agreement attached hereto as Exhibit A, in the Office of the Placer County Recorder when fully executed and notarized.
PASSED AND ADOPTED this 8th day of October, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Greg Janda, Mayor
ATTEST:
__________________________
Avinta Singh, City Clerk
227
Recording Requested by
and Return to:
City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
Subdivision Name: Vista Oaks
Subdivision No.: SD-2001-04A, TRE-2001-30A
Recorded at: Book _______ of Maps, at Page _________, Placer County Recorder
Principal(s): Ronald M. Guntert, Jr., Terry M. Guntert, Celia Guntert Wedding, Karen Guntert Adams, and Christian H. Guntert, as tenants in common and landowners
Effective Date:
SUBDIVISION IMPROVEMENT AGREEMENT - TURN-KEY PARK
This Subdivision Improvement Agreement (“Agreement”) for the design, improvement, and dedication of a park is entered into by and between the City of Rocklin, hereinafter called "City," and Ronald M. Guntert, Jr., Terry M. Guntert, Celia Guntert Wedding, Karen Guntert Adams, and Christian H. Guntert, as tenants in common and landowners, hereinafter called "Principals," on the _____ day of ________________________, 2024.
RECITALS
1. Principals have received approval from City of a tentative subdivision map commonly known as Vista Oaks (the “Subdivision”) (Exhibit A). City Council Resolution #2022 - 100, Condition #10 approving this tentative map requires Principal s to enter into an agreement for the design, improvement, and dedication of a park (“Park”) on Parcel E in Phase 1 (“Parcel E”) prior to recordation of the first final map for any portion of the Subdivision.
2. Principals wish to have filed for record ation a phased final subdivision map for Phase 3 of the Subdivision (“Final Map”), in substantial conformity with the approved tentative map.
3. City has approved the Final Map, subject to the execution of this Agreement for the design, improvement and dedication of a park on Parcel E.
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4. Principals are willing to execute this Agreement as a condition precedent to the recording of the Final Map.
5. The authority for this Agreement is the Subdivision Map Act ( “the Map Act ”) (Government Code section 66410 et seq.) and Title 16 of t he Rocklin Municipal Code ( “Title 16”).
AGREEMENT
6. Irrevocable Offer of Dedication of Park Site and Access Road.
Principals shall make an Irrevocable Offer of Dedication of Parcel E and the twenty (20) foot wide access road (See Paragraph 7) to City of Rocklin concurrently with the recordation of a final map for Phase 1.
7. Approval of Plans.
Principals shall prepare and submit to the Rocklin Parks and Recreation Commission for approval of improvement plans for the Park in substantial compliance with the approved design attached hereto as Exhibit B, Vista Oaks Parcel E Neighborhood Park – Park Design (“ Park Design”), and in accordance with the requirements of the Map Act, Title 16, and the Standard Specifications of City, where applicable. The cost of preparation of the improvement plans shall be borne by Principals. Park improvement plans shall be completed prior to the recordation of a final map for Phase 1. Improvement plans shall include improvement plans for a twenty (20) foot wide access road to the park.
8. Improvements.
A. Prior to commencing construction of park improvements , Principals shall complete and submit to City a Phase I preliminary site assessment for Parcel E and the access road to the park . If the site assessment identifies any physical conditions or defects in the property which would interfere with its use as a park, as determined by City in its sole discretion, Principals shall complete a supplemental assessment and remedy any such physical condition or defect to the satisfaction of City.
B. Principals agree to complete all the works of park and access road improvements (“the Improvements ”) required for the park and access road as shown on the Park Design and in accordance with the improvement plans approved by City . Principals shall comply with all ap plicable prevailing wage laws and regulations in completing the improvements.
C. Principals shall complete the Improvements within eighteen (18) months from the recordation of a final map for Phase 1.
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D. If Principals re cord a final map for either Phase 2 or Phase 3 (or both) prior to recording a final map for Phase 1, then Principals shall pay the City’s current Park Improvement Impact Fee and Park Development Fees (without dedication of land ) for each dwelling uni t prior to the issuance of a building permit. Principals shall be entitled to reimbursement of such park fees paid upon the City’s acceptance of Parcel E , the access road, and the Improvements.
E. As required in Condition #10 for the Final Map:
1) Parcel E shall be free from a ny physical condition or any title encumbrance to the land that would prevent its use as a park site;
2) Principals shall provide a verified delineation of Parcel E to City for review and determina tion as to whether wetlands exist on t he property. To the extent that there are wetlands on Parcel E, Principals shall provide verification that they have complied with all federal and state permits for removal of any wet lands prior to dedication to City; and
3) Principals are responsible for in stallation of full stre et frontage improvement to City standards (i.e., curb, gutter, and sid ewalk, etc.) adjacent to and in Parcel E when China Garden Road is constructed.
At the option of City, sidewalks may be deferred and incorporated into the park development.
9. Acceptance of Improvements upon Completion . Upon satisfactory completion of the Improvements in accordance with the approved improvement plans, City agrees to accept the irrevocable offer of dedication for Parcel E and the Improvements subj ect to the provisions of Paragraph 11 (Warranty) hereof.
10. Notice Regarding Construction . Principal shall notify the City Engineer and the Director of Parks and Recreation 48 hours prior to commencement of construction of the Improvements.
11. Warranty. Principals agree to remedy any defects in the Improvements arising from faulty or defective design or construction of said Improvements occurring within twelve (12) months after the Notice of Completion is approved, and the public work is accepted b y the City Council.
12. Indemnity and Hold Harmless . Principals agree to and shall defend, indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all claims, damages, losses and expenses, including attorney’s fees and litigation costs and expenses, arising out of the performance of the work described herein, caused in whole or in part b y any negligent act or omission of Principal s, any subcontractor of Princ ipals, anyone 230
directly or indirectly employed by any of them or anyone for whos e acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of City. Lack of insurance coverage does not negate Princi pals’ obligation under this paragraph or this Agreement.
13. Delay. If the construction of the Improvements shall be delayed without fault of Principals, the time for completion thereof may be extended by City for such period of time as City may deem reasonable.
14. Security. Principals shall furnish to City security to ensure the faithful performance of all duties and obligations of Principals herein contained prior to the recordation of a final map for Phase 1 . Such improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a cor porate surety bond, a letter of credit or other instrument of credit issued by a banking institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on dep osit and guaranteed for payment, or a cash deposit made either directly w ith City or deposited with a recognized escrow agent for the benefit of City. Such security shall be in the following amounts for the following purposes:
(A) Performance: One hundred percent (100%) of the estimated cost of the Improvements sec uring performance of this Agreement, which estimated cost shall be determined at the time the Improvement Plans for the Park are approved.
(B) Payment of Labor and Materials: One hundred percent (100%) of the estimated cost of the Improvements, as set forth in Paragraph (a) immediately preceding, securing payment to the contractor of improvements, to his subcontractors, and to persons furnishing labor, materials, or equipment to them. Such estimated costs must assume the applicability of prevailing wage laws.
(C) Warranty: In an amount to be determined upon the approval of the Improvement Plans to guarantee and warrant the Improvements for a period of one (1) year following the completion and acceptance of the Improvements against any defects in the improvement design, the work, or the labor done, or defects in materials furnished. This security need not be furnished prior to completion of the Improvements, but must be provided prior to their acceptance.
15. Irrevocability of Security . The improvement security furnished pursuant to Paragraph 14 shall be irrevocable, shall not be limited as to time (except as to the 1 -year period specified in Paragraph 1 1), and shall provide that it shall be rele ased, in w hole or in part, only upon the written approval of the City Engineer or delegate.
16. Actions. At City's option, any action by any party to this Agreement, or any action concerning the security furnished pursuant to Paragraph 1 4, shall be brought in the 231
appropriate court of competent jurisdiction within the County of Placer, notwithstanding any other provision of law which may provide that such action may be brought in some other location.
17. Inspection; Release of Security For Faithful Performance . Principals may, from time to time, request the City Engineer to inspect the Improvements as they progress. The City Engineer may, if the work is found by City Engineer to be in accordance with the Standard Specifications, choose to accept so much of tha t work as is completed, and authorize a release pro tanto of the security provided pursuant to Paragraph 1 4(A); provided, however, that in no event shall the release of more than eighty (80%) of the improvement securit y be authorized until all the work has been completed and accepted.
18. Release of Remaining Security For Faithful Performance: Warranty . At the conclusion of the construction of the Improvements, and upon written acceptance of them by the City Council and approval of a Notice of Completion , the City Engineer shall authorize the release of the security provided pursuant to Paragraph 1 4(A) upon the furnishing of the warranty security as required by Paragraph 14(C).
19. Release of Security Where Other A gency Approval Required . Notwithstanding paragraphs 1 7 and 1 8, where any portion of the Improvements is subject to approval by another agency, no release of security equal to the value of those Improvements shall be made until the work is completed to the satisfaction of such other agency. Su ch other agency shall have two (2) months after completion of the performance of the obligation in which to register satisfaction or dissatisfaction. If at the end of that period it has not reg istered satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.
20. Release of Labor and Materials Security . Ninety (90) days after a Notice of Completion is fi led with respect to the Improvements, the City Engineer may authorize the release of the security given to secure payment for labor and materials as provided in Paragraph 1 4(B) of thi s Agreement, in the event that no claims have been filed against said security. In the event that claims or actions are filed against the security, th e City Engineer may release so much of such security as is in excess of the total of the claims made against it.
21. Insurance. Upon the recordation of a final m ap for Phase 1 , or the commencement of construction of the I mprovements, whichever occurs fi rst, Principals shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Principals, their agents, representatives, or employees.
A. Minimum Scope and limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, 232
property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04 ) or the gene ral aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Principal has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured Status. City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL po licy with respect to liability arising out of work or operations performed by or on behalf of the Principal s including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Principals’ insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. Primary Coverage. For any claims rel ated to this contract, the Principals’ insurance coverage shall be primary with coverage at least as broad as ISO CG 20 01 04 13 as respects City, its officers, officials, employees, or volunteers, and shall be excess of the Principals’ insurance and shall not contribute to it.
3. Notice of Cancellation. Each insurance policy required above shall not be canceled, except with notice to City.
4. Waiver of Subrog ation. Principals hereby grant to City a waiver of any right to subrogation which any insurer of said Principals may acquire against City by virtue of the payment of any loss under such insurance. Principals agree to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. City may require the Principal s to provide proof of ability to pay losses and related i nvestigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
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6. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City.
7. Claims Made Policies. If any of the required policies provide coverage on a claims made basis , the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
i. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after comp letion of the contract of work.
ii. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retro active Date prior to the contract effective date, the Principal s must purchase “extended reporting” coverage for a mi nimum of fi ve (5) years after completion of contract work.
8. Verification of Coverage. Principals shall furnish City with an original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting covera ge required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endors ements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Principals’ obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9. Subcontractors. Principals shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Principal s shall ensure that City is an additional insured on insurance required from subcontractors.
10. Special Risks or Circumstances . City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
22. Failure of Performance. In the event Principal s fail to perform one or more of the conditions herein, City shall have recourse to the security given to guarantee the performance of such acts. City shall have recourse against so much of the security as is necessary to discharge the responsibility of Principal s hereunder. City shall have recourse against Principals for any and all amounts necessary to complete the obligations of Principal s in the event the security therefore is insufficient to pay such amounts. All administrative costs incurred by City, in addition to the costs of the Improvements, shall be a proper charge against the security and/or Principals.
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23. Attorney's Fees . If the services of any attorney are required by any party to secure the performance of this Agreement or otherwise upon the breach or default of another party, or if any judicial remedy is necessa ry to enforce or interpret any provisions of this Agreement or the rights and duties of any person in relation to thi s Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and other expenses, in addition to any other relief to which such party may be entitled. Prevailing party includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that receives performance from the other party of an alleged breach of cov enant or a desired remedy, if it is substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court of law.
Whenever provision is made in this Agreement for the payment of attorney's fees, such fees shall be payable whether the legal services are rendered by a salaried employee for the party or by independent counsel and shall include such fees as are incurred in connection with any pretrial proceeding, trial or appeal of the action.
Any award of damages fo llowing judicial remedy or arb itration as a result of the breach of this Agreement or any of its provisions shall include an award of prejudgment i nterest from the date of the breach at the maximum amount of interest allowed by law.
24. Agreement Binding on Successors, Etc. This Agreement shall be binding upon all the heirs, successors, and assigns of either party, and the same shall be recorded in the office of the Recorder of Placer County upon its execution, and shall be a covenant running with the land and equitable servitude upon the parcel or parcels of real property comprising the Subdivision.
26. Subdivision Map Act Controlling. To the extent any provision of this Agreement conflicts with any provision of the Map Act, the applicable provision of such Act shall control, and no action taken pursuant to thi s Agreement which conflicts with any provision of the Map Act shall relieve the person taking such action from compliance with the provisio ns of the Map Act.
25. Automatic Termination Upon Compl etion and Sale of Residential Lot . This Agreement shall a utomatically be terminated, without any further action by any party or need to record any additional document, with respect to any single-family residential lot within a parcel designated by the project approvals for residential use, upon completion of con struction and issuance by City of a final occupancy permit for a dwelling unit upon such residential lot and conveyance of such improved residential lot to a bona fide good faith purchaser thereof.
26. Waiver. Failure by a party to insist upon the str ict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party shall not constitute a waiver of su ch party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
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WHEREFORE, the parties hereto have executed this Agreement on the day and in the year first above written.
CITY OF ROCKLIN PRINCIPALS
Ronald M. Guntert, Jr., Terry M. Guntert,
By:___________________________________ Celia Guntert Wedding , Karen Guntert, Aly Zimmermann, City Manager Adams, and Christian H. Guntert, as tenants in common and landowners
APPROVED AS TO FORM: By: Ronald M. Guntert, Jr.
Daniel Cucchi, Acting Asst. City Attorney By:_________________________________ (Signature) (Date)
ATTEST:
_____________________________
Avinta Singh, City Clerk By: Terry M. Guntert
By:_________________________________
(Signature) (Date)
By: Celia Guntert Wedding
By:_________________________________
(Signature) (Date)
By: Karen Guntert Adams
By:_________________________________
(Signature) (Date)
By: Christian H. Guntert
By:_________________________________
(Signature) (Date)
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PARK SITE
(PARCEL E)
FUTURE TRAIL &
EVA BRIDGE
EXHIBIT A
VISTA OAKS SUBDIVISION
NEIGHBORHOOD PARK SITE
1" = 250'
ENGINEERING AND PLANNING
1504 EUREKA ROAD, SUITE 110
ROSEVILLE, CA 95661 916.786.0685
237
08 ’ 16’ 36’
99999
10 1010
99999999999
7 55
11 12
122
444
77 8888888888888888888888
666666666666666666666666666666
2222222222222222222222222222222222222222222222
1 88
1111
9999999999999999999999
99999999999
99 9
9 9
9 99
9 9
9999999999
22222222222222222222222222222222222222222222222 33333333333333333333333333333333333
CHINA GARDEN RD
1 2
6 3
7 4
8 5
9 10
Multi Use Path T o Bridge Over Secret
Ravine
Swings and Nature Play Equipment
Fibar Surfacing
Picnic Area
Split Rail Fence
Lawn
Nature T rails
Benches
Native Planting
Shade T rees
Existing Wetland
Existing Oak Woodland and T rees to
Remain
LEGEND
11 12
(;+,%,7%
9,67$2$.63$5&(/(1(,*+%25+22'
3$5.0$67(53/$1
238
ATTACH CURRENT NOTARY
ACKNOWLEDGEMENT FORM
FOR CITY OF ROCKLIN
239
ATTACH CURRENT NOTARY
ACKNOWLEDGEMENT FORMS
FOR PRINCIPALS
240