1 After Recording Return To:
City of Stockton
Community Development Department
Planning & Engineering Services Div.
425 North El Dorado Street
Stockton CA 95202
SUBDIVISION AGREEMENT
(FINAL MAP)
THIS SUBDIVISION AGREEMENT (“Agreem ent”) is made and entered into as of _________________________ by and between the CITY
OF STOCKTON, hereafter referred to as
"CITY," and KB HOME NORTH BAY, LLC, A DE LAWARE LIMITED LIABILITY COMPANY, hereinafter referred to as "SUBDIVIDER."
W I T N E S S E T H:
Subdivider has presented to City for approval a final subdivision map (hereinafter called "MAP") entitled CANNERY PARK, UNIT NO. 11 (VILLAGE A) -- TRACT NO. 4075 (TM 8-04) which Map has been checked and approved by the County Surveyor; and Said Map has been filed with the City Engineer for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; and Subdivider has requested approval of said Map 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") designated in the Map, 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 (5460C) dated 10/15/21, prepared by VVH Consulting Engineers, and consisting of Sheets 1 through 15 are now on file in the Office of the City Engineer; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16, Division 6, of the Stockton Municipal Code.
NOW, THEREFORE, for and in consideration of these premises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Municipal Code, the parties hereto agree as follows:
1. PERFORMANCE OF WORK
Subdivider shall constru
ct or cause to be constructed, at Subdivider's own expense, in a good and worklike manner, under the direction and to the satisfaction of the City Engineer, all of the following work and improvements within the subdivision, to-wit:
Those certain improvements designated and shown on said Map as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, EXHIBIT 1
2 street lights, sidewalks, and other on or off-site improvements in accordance with the plans and specifications on file in the office of City Engineer together with any changes required or ordered by said Engineer, which in the Engineer’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done to the satisfaction of the City Engineer, and to the grades as shown upon the approved plans and specifications on file in the Office of the City Engineer.
Subdivider warrants that construction will not adversely affect any portion of adjacent properties.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least seventy-two (72) hours prior to the commencement of any work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection.
Subdivider will complete, or cause to be completed, within two (2) years of approval of said Map and construction plans by the City Council, all improvements in accordance with the plans and specifications on file as hereinbefore specified, including any changes required or ordered by the said Engineer.
The work shall be performed in a safe and good worklike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Engineer, all work shall be performed between the hours of 7:00 a.m. and 9:00 p.m.
Any contractor not performing as required by this agreement may, at the discretion of the City Engineer, be barred from doing any work within the City of Stockton on any subdivision or any public works project for a maximum period of two (2) years.
City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of City and State codes.
4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this agreement; provided that in the event good cause is shown, 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 release or modify the surety's liability on the bond to secure the faithful performance of this agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the EXHIBIT 1
3 owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of the City Engineer.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing
monuments in the amount of (7 Monuments) ..................... $14,000.00
B. A surety bond, cash deposit or letter of credit
(50% of the public improvements cost) as security
for the faithful performance of this agreement in the
amount of ......................................................................... $548,293.00
C. A separate security bond, cash deposit or letter
of credit (50% of the public improvements cost) as
security for the payment of all persons performing
labor and furnishing materials in connection with
this agreement in the amount of ....................................... $548,293.00
The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the Administrative Services Officer. Release of securities shall be as follows:
EXHIBIT 1
4 A. Security given for faithful performance s hall be released after the City has finally accepted the work, and provided that security of at least ten (10) percent of the public improvements cost has been retained or security has been furnished to the City to guarantee and warrant the work for 1-year following the date of such acceptance of the work.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials or equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains satisfactory during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period.
D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider's surety or the financial institution providing the Instrument of Credit.
11. INDEMNITY AND HOLD HARMLESS AGREEMENT
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, SUBDIVIDER shall, indemnify, protect, defend with counsel approved by CITY and at SUBDIVIDER’S sole cost and expense, and hold har mless CITY, its Mayor, Council, officials, representatives, agents employees and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys' fees, expert and subdivider fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, state, or municipal law or ordinance, or CITY Policy, by SUBDIVIDER or SUBDIVIDER’S officers, agents, employees, volunteers or subcontractors. SUBDIV IDER shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of SUBDIVIDER to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by SUBDIVIDER under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With the exception that this section shall in no event be construed to require indemnification, including the duty to defend, by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, the parties agree that SUBDIVIDER’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of EXHIBIT 1
5 or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by SUBDIVIDER or SUBDIVIDER’S officers, agents, employees, volunteers or subcontractors. SUBDIVIDER’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITY’S liability, breach of this Agreement, or other obligation or fault has been determined. SUBDIVIDER shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert subdivider and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse SUBDIVIDER for amounts paid in excess of SUBDIVIDER’S proportionate share of responsibility for the damages within 30 days after SUBDIVIDER provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures SUBDIVIDER is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, SUBDIVIDER shall indemnify, defend, and hold harmless CITY its Mayor, Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of SUBDIVIDER, regardless of whether such claim may be covered by any applicable workers compensation insurance. SUBDIVIDER’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the SUBDIVIDER under workers’ compensation acts, disability acts, or other employee benefit acts.
INSURANCE REQUIREMENTS
Subdivider shall comply with the insurance requirements set forth in Exhibit B.
12. TITLE TO IMPROVEMENTS
Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City, except as otherwise may be provided in this agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Engineer accurately revised "as built" plans showing all the sanitary, storm and water lateral locations, monuments with tie notes and unit prices and quantities of the underground sewer, storm drainage, water, street lighting and street facilities installed as part of this subdivision unit.
13. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance 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 or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, City may, at its option, make EXHIBIT 1
6 the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus twenty-five (25) percent as administrative costs. In accordance with Section 16.72.070 of the Stockton Municipal Code, the subdivider shall deposit $10,966.00 with the City to correct deficiencies and conditions caused by the Subdivider or contractor during or after the construction of this subdivision.
14. SUBDIVIDER NOT AGENT OF CITY
Subdivider or any of Subdivider's agents or contractors are not or shall not be considered agents of City in connection with the performance of Subdivider's obligations under this agreement.
15. COST OF ENGINEERING AND INSPECTION
Prior to commencement of construction, the Subdivider shall pay to the City of Stockton the cost for the checking of engineering plans, inspection of the work, and the checking and testing of the materials at the appropriate existing rate. The cost of such improvements is based on an approved estimate, or on the construction contract, if awarded prior to filing of the map with the City Council.
Plan Checking Fee = $32,563.72
Inspection Fee = $38,903.51
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
All work, which requires inspection, shall be performed during the City's normal working hours and work days. If any work is performed before 8:00 a.m., after 5:00 p.m., or on a City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector's hourly cost to the City. This payment is not included in the 3.5 percent (3.5%) engineering and inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
16. FILING FEES
Concurrently with execution hereof, Subdivider shall pay a computer mapping fee of $301.00 ($148 + $3/lot), a map filing fee of $3,526.00 and, present one check for recording the Map and the agreement, payable to the San Joaquin County Recorder in the amount of $107.00 and $290.00, respectively. City will forward the checks with the Map for recording.
17. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a 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 insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents, or employees should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement or of any portion thereof and default of Subdivider.
EXHIBIT 1
7 18. 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 ten (10) 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 ten (10) 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 Subdivider, and Subdivider's surety shall be liable to City for the cost and damages occasioned City thereby; and, in such event, City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider's obligations under this Agreement. The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
19. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
CITY ENGINEER
22 E. WEBER AVENUE
STOCKTON CA 95202
Notices required to be given to Subdivider shall be addressed as follows:
KB HOME NORTH BAY, LLC
4830 BUSINESS CENTER DR., SUITE 150
FAIRFIELD CA 94534
Notices required to be given to surety of Subdivider shall be addressed as follows:
LIBERTY MUTUAL INSURANCE COMPANY
633 W. 5TH STREET, SUITE 1200
LOS ANGELES, CA 90071
Provided that any 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.
20. FIRE PROTECTION
No building permits will be issued in this subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be EXHIBIT 1
8 modified or waived if an alternate method of providing fire protection is provided and approved by the Stockton Fire Department.
21. STREET TREE SECURITY
The Subdivider shall provide a faithful performance bond, cash deposit, or letter of credit for 125% of the street tree fee based on $195 per tree.
Street Tree Security: 62 trees @ $195 ea. X 125% = $15,112.50
22. STREET NAME SIGN FEE
The Subdivider shall pay a street name sign fee based on $286.25 per sign to be furnished and installed by the City.
Street Name Sign Fee: 5 signs @ $286.25 ea. = $1,431.25
23. SUMMARY OF FEES
The fees mentioned in this Agreement are summarized in Exhibit A attached hereto and incorporated herein by reference. However, some fees such as the Public Facilities Fee and Parkland Fee, which are collected at the building permit stage, are not included in this summary.
24. BINDING UPON SUCCESSORS
This agreement shall be binding upon and inure to the benefit of, and be enforceable by and against, the heirs, successors, and assigns of the parties hereto, subject to the terms hereof.
25. ASSIGNMENT
Subdivider shall have the right to assign (by sale, transfer, or otherwise) directly or indirectly, all or part of it s rights, duties and obligations under this agreement as to any portion or all of the Property upon a specific written request and written consent by the City Manager which shall not be unreasonably withheld, delayed or conditioned. Except that Subdivider may, without the consent of the City, assign th is Agreement to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider’s interest in the real property which is the subject of the Map, provided the assigning party causes the assignee to assume in writing all obligations of the assignor under this Agreement. Notice of an assignment to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider’s interest shall be given to the City in writing within 30 days of such change. Upon any such assignments, Subdivider shall be released from its obligations under this Agreemen t and shall receive the immediat e return of all security deposits, including, but not limited to bonds, letters of credit, security instruments or any other financial commitments upon the replacement of same by the assignee. The rights and obligations of this Agreement shall bind and benefit any su ccessors or assigns of the parties.
26. SPECIAL PROVISIONS
The subdivision of the property subject to the Map described herein shall be subject to the tentative map conditions in TM8-04 as shown in Exhibit C attached hereto, and the timing and EXHIBIT 1
9 implementation of said conditions shall be in accordance with the "Master Subdivision Agreement Cannery Park" attached hereto as Exhibit D, and hereby made a part of this agreement.
The property to be subdivided by the Map described herein shall participate in the Cannery Park Storm Water Quality Assessment District formed by City Council on November 15, 2005 by Resolution 05-0505.
Note: No building permits shall be issued until the Map described herein is recorded.
Note: Right-of-way dedication for bus turnouts, street right-of-way, and slope easements for grade separations shall be dedicated when necessary with the Map described herein.
ATTEST: CITY OF STOCKTON:
ELIZA R. GARZA, CMC HARRY BLACK
CITY CLERK CITY MANAGER
By By__________________________
APPROVED AS TO FORM: KB HOME NORTH BAY, LLC
OFFICE OF THE CITY ATTORNEY _____________________________ (PRINT NAME)
BY_________________________ BY__________________________
CITY ATTORNEY (SIGNATURE)
___________________________
(TITLE)
_____________________________
APPROVED BY CITY COUNCIL RESOLUTION NO.
_______________________ ON , 20 .
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT A
SUMMARY OF FEES AND BONDS
STREET NAME SIGN FEE .............................................................. $1,431.25 PLAN CHECK FEE .... ... ....... ....................................................... $32,563.72 INSPECTION FEE ..... ....... ........................................................... $38,903.51 MATERIAL TESTING FEE ..... ......................................................... $7,116.47 FILING FEE ............. .. ...... ... ......................................................... $3,526.00 TECH FEE .... ..... ... ..... .......... ....................................................... $5,360.04 C�FEE ... ... ...... ...... ........ ... ....................................................... M,2�.ro CASH DEPOSIT ............................................................................ $10,966.00 COMPUTER MAPPING FEE ...... ...................................................... $301.00 MUD IMAGING FEE ...... .......... .... .................................................... $240.00 ASSESSMENT DISTRICT SEGREGAT ION ........................................... $0.00 TOTAL ....... $104,696.02
RECORDING FEE (payable to San Joaquin County Recorder)
MAP (5 Sheets) ....................................................................... $107.00 AGREEMENT (68 Sheets) ...................................................... $290.00 TOTAL ............. $397.00
BONDS
MONUMENT BOND ........................................................... $14,000.00 PERFORMANCE BOND .................................................. $548,293.00 LABOR AND MATERIAL BOND ...................................... $548,293.00 STREET TREE BOND ..... .................................................. $15,112.50 TOTAL .... $1,125,698.50
13 EXHIBIT 1
14 SUMMARY OF FEES AND BONDS (CONT.)
PROPORTIONATE SHARES
GRADE SEPARATION AT UPRR (SPRR) AND
EIGHT MILE ROAD ............................................................................................ PFF
EIGHT MILE ROAD/HAM LANE ..................................................................... $1,159.46
EIGHT MILE ROAD/LEACH ROAD ................................................................ $1,159.46
EIGHT MILE ROAD/HWY 99 WEST
FRONTAGE ROAD ......................................................................................... $2,398.33
EIGHT MILE ROAD/HWY 99 EAST
FRONTAGE ROAD ............................................................................................ $231.17
EIGHT MILE ROAD/HWY 99 EAST FRONTAGE
ROAD AT NORTHBOUND RAMP ..................................................................... $585.12
MORADA LANE/HWY 99 WEST FRONTAGE
ROAD ................................................................................................................. $710.76
MORADA LANE/HWY 99 EAST FRONTAGE
ROAD ................................................................................................................. $927.50
BEAR CREEK PEDESTRIAN/
BICYCLE TRAIL ............................................................................................ $14,886.78
TEMPORARY PARK AND RIDE LOT ............................................................ $9,035.28
PARK AND RIDE FACILITIES (686-0000-237.67-38) .................................. $18,750.00
STREET MICROSURFACING (686-0000-237.67-40) .................................. $11,561.00
TOTAL $61,404.86
EXHIBIT 1
15 Exhibit B:
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, 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 Contractor, their agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurren ce” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregat e limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
5. Surety Bonds as described below.
6. Professional Liability (Errors and Omissions) Insu rance appropriate to the Contractor’s profession, with limit no le ss than $2,000,000 per o ccurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or higher limits maintain ed by the contractor. Any av ailable insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
EXHIBIT 1
16 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton Risk Services. At the option of the City of Stockton, either: the contractor shall cause the insurer to reduce or eliminate such se lf-insured retentions as respects the City of Stockton, its officers, officials, employees, and volunteers; or the Contract or shall provide a financial guarantee satisfactory to the City of Stockton guaranteeing payment of losses and related investigations, claim administration, and de fense expenses. The po licy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowe d by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s 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 us ed). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be endorsed as primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees , and volunteers. Any insurance or self-insurance main tained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. The City of Stockton does not accept endo rsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall pr ovide that coverage shall not be canceled, except with notice to the City of Stockton.
EXHIBIT 1
17 Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If a
ny coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is ca nceled or non-renewed, and not re placed with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve le ad-based paint or asbestos id entification/remediation, the Contractors Pollution Liability policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contai n a mold exclusion, and the de finition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be
placed with insurers with a current A.M. Best rating of no less than A:
VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contracto
r hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation poli cy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
EXHIBIT 1
18 Verification of Coverage
Contractor
shall furnish the City of Stockton with original certifi cates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City of Stockton Risk Servi ces before work commences. Howe ver, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserv es the right to requir e complete, certified copies of all required insurance policies, including endorsements , required by these specifications, at any time.
Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Contractor
shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor
shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond (or Labor and Material bond)
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly ex ecuted by a responsibl e corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
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19 Special Risks or Circumstances
City of Stockton reserves the right
to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton
400 E Main Street, 3rd Floor – HR
Attn: City Risk Services
Stockton, CA 95202
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MASTER SUBDIVISION
AGREEMENT CANNERY PARK
The intent of this Master Subdivision Agreement is to provide an outline for the orderly implement
ation of the co nditions of approval for TM8-04A&B. The t iming and extent of the improvements referenced below are subject to changes in accordance with approval by the
City of Stockton Public Works Director or City Engineer. Such changes, consistent with the above
conditions of approval, are to be reflected in t he subsequent subdivision agreements for each development phase of the Cannery Park Subdivisi on.
General Conditions
The owners, and developers and/or successors-in-interest (the 'ODS') whom subdivide property
with the Cannery Park Subdivision shall comply with the following general conditions. These general co nditions may be more specifically detailed in the development scenarios presented herein.
1. Comply with all applicable Federal, State, County, and City codes, regulations, and adopted standards and pay all applicable fees. (#1), (SPA#1)
2. Pursuant to Section 15091 and 15093 of the State CEQA Guidel ines, the project shall be subject to all applicable mitigation measures identified in the City-adopted "Findings, Statement of Overriding Considerations, and Mitigati on Monitoring and Reporting Program for the Cannery Park Mixed Use Project." (#2), (SPA#2)
3. Tentative maps TM8-04A&B shall not be effective until the ex ecution of the Annexation Memorandum of Understanding (MOU) by the applicant and the City, the effective date of the General Plan Amendment (GPA1-03), prezoning (Z-1-03) Specific Plan Amendment (SPA1-03) and Development Agreement (DA 2-03) for this site, and the recordation of the Annexation (A-03-1) of th is site to the City of Stockton. If annexation is not completed within two (2) years of the approval of the tentative map by the Planning Commission, this map shall be null and void. {#44)
4. Establish Covenants, Conditions and Restrictions (CC&Rs) for the maintenance of landscaping, structures and fences on the private properties and review of architectural design for resident ial structures within the subd ivision area. The CC&Rs shall be subject to review and approval by the City Attor ney and the Community Development Director prior to the issuance of the first residential building permit. The owners, dev elopers and/or successors-in-in terest shall be responsible for recordation of the CC&Rs and payment of recording expenses. The City shall be declared to be a third-party beneficiary of the CC&Rs and shall be entitled, without obligation, to take appropriate legal action to enforce the CC&Rs. (#45)
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Sanitary Sewer
1. Prepare and have approved a master plan to demonstrate that sewage generation by the proposed project can be accommodated within planned coll ection system improvements. The ODS shall desi gn and construct all necessary improvements to the system to accommodate anticipated sewage generation and transmission. (#3)
Storm Drainage
1. Demonstrate to the satisfaction of the City Engineer that th e storm water runoff generated by the proposed project can be accommodated with the planned storm water collection system improvements, as provided by the City's Standard Plans and Specifications. The ODS shall provide an alternative storm water collection plan if the proposed storm water collection system is determine d to not have sufficient capacity. (#4)
2. The ODS of Lot 3 shall dedicate the Lot to the City of Stock ton when determined necessary by the Director of the City of Stockton Municipal Utilities Department.
Traffic & Circulation (Analysis, Phasing and Dedication)
1. Conduct a queuing and traffic access analysis at proposed signalized intersections to determine appropriate intersection location and required turn pocket/lane length. (#8)
2. Prior to recordation of any part of these Tentative Maps (TM 8-04A&B) as a Final Map (Parcel Map/Subdivision Map), the ODS shall enter into a Master Agreement to identify the timing/phasing of improvements and provide for appropriate improvement securities. (#26)
3. The ODS shall conduct a project phasing analysis to determine the timing and level of project development that can occur before degrading the oper ational level of service at the Eight Mile Road/State Highway Route 99 interchan ge and Morada Lane/State Highway Route 99 interchange below level of service that conforms with State Urban Highway Standards. Said study shall be approved by the City and identified improvement timing shall be binding on the ODS. (#14) Traffic & Circulation (Design, Construction and/or Funding Proportionate Share)
1. The ODS shall be responsible for 100 percent of the design and construction costs of on-site roadway and intersect ion improvements and roadway ex tensions and public utilities identified on t he Tentative Map and/or include d in the project EIR, project description or as mitigat ion measures. Improvements include but are not limited to all sewer, water and storm drain lines, traffic signals, street lighting, street paving, curb, gutter and sidewalk. (#10)
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2. The ODS shall be responsible for their proportionate share, ba s e d o n t r a f f i c loadings, of the costs for Project Study Reports (PSRs) and Project Reports (PRs) and necessary improvements described in the PSRs/PRs for the St ate Route 99 mainline system, the Morada Lane/State Route 99 overcrossing-interchange, and Eight Mile Road/State Route 99 ove rcrossing-interchange to prov ide a level-of- service that conforms with Stat e Urban Highway Standards. The ODS shall participate in a funding mechanism including, but not limited to: an assessment district (AD); area of benefit (AOB); or equivalent, and the OD S shall prepare and enter into an agreement with the City to establish the financin g, design, construction, and timing of the PSRs, PRs and necessary improve ments as identified. Said agree ment shall be subject to the approval of the City Manager. (#15)
Eight Mile Road Specific Plan
1. If the improvements allowed by Specific Plan Amendment SPA1- 03 are not constructed within five years, the Specific Plan Amendment shall be null and void. (SPA#6)
2. Specific Plan Amendment SPA1- 03 shall not be effective until the effective date of annexation A-03-1. (SPA#7)
Domestic Water
1. The ODS shall conduct an eng ineering analysis, acceptable to the Director of Municipal Utilities, that demons trates that the water system im provements to be constructed within the City of Stockton water service area are sufficient to meet the following conditions: (#28)
For ultimate build-out of the subdivision:
a. With a given system pressure o f 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 40 psi p ressure at any location during the period of peak hour demand (peak hour deman ds shall be calculated at 175 percent of maximum daily demands).
b. With a given system pressure o f 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi p ressure at any location during the period of maximum day demand (maximum day d emands shall be calculated at 210 percent of the average day demands) combined with a fire flow of 2,000 gpm out of any fire hydrant in the residen tial portion of the subdivision.
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c. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the i nternal water system improvements shall be sized to provide at least 20 psi p ressure at any location during the period of maximum day demand combined with a fire flow of 3,000 gpm out of any fire hydrant in the commercial and indu strial areas of the subdivision.
For phased developments of units within a subdivision (interim development):
d. With a given system pressure of 45 psi at the existing point s of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi p ressure at any location during the period of maximum day demand combined with a fire flow of 1,500 gpm out of any fire hydrant in the subdivision (maximum day demands shall be calculated at 210 percent of the average day demands).
2. Appropriately sized utilities and 3-phase electrical service shall be provided for all City owned or operated facilities. (#29)
Non-potable Water (Landscape Irrigation)
1. The ODS shall prepare a master plan for the non-potable irrigation system for the withdrawal and use of non-potable water from the Woodbridge Irrigation District (WID) canal system that passes through the project site. The system will consist of an intake structure, pump and mains, etc. that would distribute non-potable water to parks, open space, streetscape, landscaping adjoining and wi thin commercial and industrial areas within the project area. System operation will be coordinated by the City with financing provided by a maintenance district. The master plan shall be subject to the approval of the Municipal Utilities Director. The ODS shall construct the approved system to the satisfaction of the Director of Public Works and the Director of the Parks and Recreation Department. (#32) Landscape Maintenance District
1. Prior to recordation of any F i n a l M a p , t h e O D S s h a l l f o r m a new zone of the Stockton Consolidated Landscape Maintenance District 96-2, and approve an assessment providing for the subdivision's proportionate share of the costs to maintain public parks within the service area for this subdivis ion or serving this subdivision. (#30)
2. Prior to recordation of any Final Map, the ODS shall establish a maintenance entity acceptable to the Community Development Director, the Parks and Recreation Director and the Public Works Director to provide funding for t he maintenance of improvements including, but not limited to, common area landscaping, landscaping in the right-of-way, sound walls and/or back-up walls, construc ted for the special benefit of this subdivision. The ma intenance entity shall also provide funding for EXHIBIT 1
the seasonal "ripping" offload control basin 2 and vector contr ol within the basin. (#31)
Oak Tree Avoidance/mitigation
1. Removal of Oak trees shall be avoided whenever feasible. The owners, developers, and/or successors-in- interest shall coordinate the layout of project plans with the City Arborist and City Parks Facility Planner/Landscape Architect to minimize or eliminate Oak tree removals. If removal of an Oak t ree cannot be avoided, the owners, developers, and/or successors-in-interest shall be responsible for replacement of Oak trees on site, as approved b y the City Parks and Recreation Department representatives. If on-site planting is not possible, the owners, developers, and/or succe ssors-in-interest shall pay the City Parks and Recreation Department the estimated cost (as determined by the City Arborist or Parks Facility Planner/Landscape Architect) for the City to hav e the replacement Oak trees planted by private contract on a site deemed appropri ate by the City Parks and Recreation Department representative in accordance with the mitigation measures identified in the Final Environmental Impact Report (E IR1-03), as amended, and in the related CEQA Findings, Statement of Overrid ing Considerations, and Mitigation Monitoring/Reporting Program for the Cannery Park Mixed Use Project. (#46)
Improvement/Development Plan
In order t
o provide an appropria te and reliable Improvement/Dev elopment Plan for a mixed-use development with the component elements contained in the Cannery Park Subdivision, the Subdivision has been divided into five (5) Plan Areas (Exhibit 'X'). The on-site/in-tract improvements and the off-site improvements corresponding to subdivision map conditions are listed separately for each Plan Area.
Cannery Park Subdivision Plan Areas
The improvements associated with each Plan Area are as follows: