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HomeMy WebLinkAboutReso 48-1999RESOLUTION NO. 48-99 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND GREYSTONE HOMES, INC. FOR THE RENOVATION OF THE ALTA LOMA MIDDLE SCHOOL BALLFIELDS IN CONJUNCTION WITH THE CONSTRUCTION OF ALTA LOMA PARK WHEREAS, the City desires to enter into an agreement with Greystone Homes, Inc. for the construction improvements to the Alta Loma Middle School Ballfields; and WHEREAS, In-Lieu Park (Zone ll) fees are available for the completion of this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the agreement attached hereto as Exhibit "A", between the City of South San Francisco and Greystone Homes, Inc. for the renovation of the Alta Loma Middle School Ballfields in conjunction with the construction of Alta Loma Park. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement on behalf of the City. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a of April AYES: NOES: ABSTAIN: ABSENT: ,1999 by the following vote: Councilmembers Joseph A. R. Penna, Mayor Pro None None None C:\My Documents\RESO\altalomaschool.res.doc Regular meeting held on thel6th day Fernekes, Eugene R. Hullin~ John Tem Karyl Hatsumoto, and Hayor James L. Datzman. ATTEST: City Clerk EXHIBIT A Memorandum of Understanding This Agreement for Services ("Agreement") is made and entered into this __ day of ,1999 by and between Greystone Homes, Inc., a Delaware Corporation (hereinafter called "Company") and the City of South San Francisco (hereinafter called "City"). Intended Action The City, in conjunction with the City of South San Francisco Unified School District represented by the City (hereinafter called "District"), intends to renovate a school activity area at Alta Loma School (hereinafter called the "subject property") with, among other amenities, a parking lot, a baseball field, a soccer field, and field area that includes a long jump pit. Purpose of Memorandum This memorandum creates an understanding and agreement between the Company, the City, and the District, that the Company will build facilities as outlined in engineering plans entitled "Alta Loma School Grading Plan" developed by Carlson, Barbee & Gibson dated February, 1999, and landscape architecture plans entitled "Alta Loma School Landscape Improvement Plans" created by Melvin Lee Associates dated March, 1999 approved by the City and District. The City and District have no right to amend or modify plans without Company approval. Project Description Presently, the Company is constructing a 179 single-family home subdivision on property adjacent to the subject property owned by the District. On March 30th, 1998, the Company and the District entered into an agreement where the District granted to the Company a License and Easement over a 1.7 acre area in exchange (among other requirements) for rough grading the school site in preparation for the construction of new facilities. The City and District have requested that the Company continue beyond prescribed services of rough grading to construct the proposed school activity area as described in the "Intended Action" above. City's Duties For construction, the City will provide the Company, at no cost to the Company, the following: Co Approved construction drawings and specifications for the school property; Credit for construction and other approved expenses against school impact fees and, if necessary, sewer fees for the Promenade development. If the constmcion costs and approved expenses exceed the sum of school and sewer fees payable, City shall be solely responsible for said excess costs; Inspection for the construction and direction for any design modification without cost to Company; do eo Hire or use an existing employee as a superintendent to supervise the construction of the school activity area; Provide all general and administrative support to constructing the subject property including provision of phone, fax, trailer (if necessary), mailing, administrative assistance, billing review and any other activity other than billing and contracting that may pertain to improving the school site, and; Provide a written statement of approval for rough grading of the school site and at completion of subject property. Company's Duties Though the City will have a superintendent for managing construction of the school activity area, the Company shall be responsible for choosing subcontractors, contracting with the subcontractors, start of construction, and billing completed work. Estimated Costs Improvements to the subject property at Alta Loma School shall include, among other amenities, a parking lot, a baseball field, a soccer field, and field area that includes a long jump pit. Based on current estimates, improvement costs are expected not to exceed $650,000. Timing of Improvements Developing and completing improvements on District property will begin as rough grading and improvements correlate with improvements on the adjacent Promenade community. Tentatively, improvements are scheduled to begin April 15*, 1999. This date is reflective of a time that is not interrupted by plan approval or weather. Billing and Chanee Order Procedure Procedure for approving billing and change orders shall be conducted with the written approval of both the City and the Company. All contracting shall be completed by the Company and approved by the City. All billing shall be made to the Company, and approved by the City's superintendent bi-monthly at the Company's office. Change orders must be approved in writing prior to initiating work, by the City and the Company. Assienment Any sale or assignment of this MOU or any of the rights or obligations hereunder is void absent the written consent of the Parties; provided, however, that no consent shall be required for assignment or pledge made by Greystone (a) to any company that shall succeed by purchase, merger or consolidation to the properties of Greystone; or (b) as security for a debt under the provision of any mortgage, deed of trust, indenture, band credit agreement, or similar instrument. Entire A~reement This MOU comprises the entire agreement and understanding between the Parties concerning the Project. This MOU supersedes all prior and contemporaneous agreements, representation or understandings, whether oral or written. Insurance All insurance described in this section to be carded by Company will be maintained by Company with insurance carders having a general policyholders' rating of not less than "A" and a financial rating not less than "VII" in the most current Best's Key Rating Guide. The City and District, including their officials and employees, shall be named as additional insured on any insurance policy required herein. In no event will such insurance be terminated or otherwise allowed to lapse prior to termination of this Agreement or such longer period as specified herein. Worker's Compensation Insurance Employer's Liability as required by law in California and such other states in which Company does business at a minimum limit of $1,000,000 for all employees in carrying out the work under this Agreement. Such insurance shall be in strict accordance with the most current and applicable Workers Compensation Insurance laws in effect during performance by Company pursuant to this Agreement. Commercial or Comprehensive General Liability Insurance Four layers of coverage for the commercial or comprehensive general liability insurance shall be implemented. Primary general liability coverage shall not be less than $1,000,000. Umbrella liability coverage shall notbe less than $5,000,000. Second layer umbrella coverage shall not be less than $20,000,000. Excess liability coverage shall not be less than $25,000,000. Automobile Bodily Injury and Property Damage Liability Insurance Automobile bodily injury and property damage liability insurance shall extend to owned, non- owned and hired vehicles used in the performance of this Agreement. The limits of liability shall not be less than $1,000,000 bodily injury and $200,000 property damage per occurrence. Indemnity Greystone hereby agrees to indemnify, defend and hold harmless the City of South San Francisco and its agents and employees from and against any and all damages, losses, liabilities, claims, actions, causes of action, injuries, costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) arising from the negligent acts or wilful misconduct of Greystone or its agents, employees, or contractors in connection with the construction or reconstruction of the school site improvements (e.g. parking lot, baseball field, soccer field, and field area that includes a long jump pit) on the subject property as contemplated herein. The immediately preceding sentence shall not be applicable to the extent such damages, losses, liabilities, claims, actions, causes of action, injuries, costs or expenses (including, without limitation, reasonable attorneys' fees and court costs) arose from the negligence or willful misconduct of the City of South San Francisco or any of its agents, employees or contractors. Governing Law This MOU shall be governed by the laws of the State of Califomia. Further Actions From time to time, the Parties shall by mutual agreement execute such instruments and other documents, and take such other actions, as may be reasonably necessary to carry out the terms of this MOU. This MOU cannot be amended or modified in any way except by a written instrument duly executed by the Parties. Any proposal for amendment or modification must be delivered for review and approval by all Parties. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS MOU TO BE IN EFFECT AS OF THE DATE LAST WRITTEN BELOW. City of South San Francisco Department of Public Works Approved as to Form Title Date Steve Delva Greystone Homes, Inc. Title Date ~llllflllllnllllfil!llll-r ~EXISTING ASPHAUI' REFURBISH EXISTING - BASKETBALL COURTS NEW TURF AREA EXISTING FENCE AL~TA LOiMA SCHOOl. MEADOWS PARKING RESTROOMS ;l~Tr LOT AREA CONCESSION BUILDING WITH RE$1'ROOMS BLEACHERS TYPICAL SCALE: V:60'-O" OCTOBER14.1997 BASKETBALL, COURT -- ON STREET PARKING TENNIS COUlTf FENCING .TENNIS COUITI" PICNIC AREA ONE:WAY R~,RKING ACCESS ROAD PARKING GROVE EXISTING RESIDENTIAL EXISTING FENCE EXIffI'ING TREES ALTA LOM'A PARK & SC'HOOL LANDSCAPE MASTERPLAN GREYSTONE HOMES, INC. SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA E