HomeMy WebLinkAboutReso 133-06 Dublin Blvd Improvements
RESOLUTION NO. 133 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * . ~ * w * w
APPROVING THE IMPROVEMENT AGREEMENT WITH THE LIN FAMILY
AND THE SIERRA LAND DEVELOPMENT CORPORATION FOR
DUBLIN BOULEVARD FROM WCKHART STREET TO FALWN ROAD
AND FOR FALLON ROAD FROM DUBLIN BOULEVARD TO 1-580
WHEREAS, the Lin Family and the Sierra Land Development Corporation, the developers of
Dublin Ranch, intend to construct certain roadway improvements to serve Dublin Ranch; and
WHEREAS, the Un Family and the Sierra Land Development Corporation have executed and
filed with the City of Dublin an Improvement Agreement to install said roadway improvements for Dublin
Boulevard from Lockhart Street to Fallon Road and for Fallon Road from Dublin Boulevard to 1-580 in
accordance with the approved improvement plans; and
WHEREAS, said Improvement Agreement is secured by bonds furnished by Developers Surety
and Indemnity Company in the amount of $3,580,000 (Bond No 7200 12S), conditioned upon faithful
performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by bonds furnished by Developers Surety
and Indemnity Company in the amount of $3,580,000 (Bond No. 720012S), conditioned upon payment for
labor performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Improvement Agreement, attached hereto
as E:dtjbit A, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute said Improvement Agreement.
PASSED, APPROVED AND ADOPTED this 18th day of July, 2006, by the following vote:
AYES' Councilmembers Hildenbrand, Oravetz and Zika, and Mayor Lockhart
NOES None
ABSENT Councilmember McCormick
ABSTAIN None
ATTES~ ~
~Y
CIty ~~
Reso No. 133'()6, Adopted 7/18/ll6, Item 4.5
Page I of I
IMPROVEMENT AGREEMENT
DUBLIN BOULEVARD FROM LOCKHART STREET TO FALLON ROAD
AND "'ALLON ROAD FROM DUBLIN BOULEV ARD TO 1-580
TIns agreement]s madc and cntcrcd into this 18th day of July, 2006, by and between the CITY of
Duhlin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su-O-Lin (also known as
.lcnnifcr Lin), Hong Lien Lin (also known as Frederic or Fredench Lin) and Hong Yao Lin (also known as
Kevin Lin) ("the Lins"), and Sierra Land Development Corporation, a California Corporation ("Sierra
Land") (the LITIS and SIerra Land are hereinafter referred to collectively as "OWNER").
RECITALS
WHEREAS, the Lins arc owners of certain land within the City ofDubhn, known as Dublin
Ranch. The City has approved certain development proJecls III Dublm Ranch that require the construction
of the improvements that are the subJecl of lIllS Improvement Agreement. Sierra Land is a legal entity
controlled by the Lms lhat the 1.111s propose to use to construct the improvements;
WHEREAS, it has been detennined by 1Ile CITY Council oflhe CITY of Dublin, State of
CahfoD11a, that O\VNER desIres to construct and dedicate the following improvements (hereafter
collectively "The Improvements").
Dublin Boulevard, Lockhart Street to Fallon Road including 28-foot wide pavement in both
travel directlOns, median curhs, storm drainage, water, sanitary sewer, street monuments, traffic
signing & striping, joint trcneh, and street lighting improvements. Additional pavement, curb &
guttcr and traffic signals are included at the intersection of Dublin Boulevard/Lockhart Street and
Duhlin BoulevardlFallon Road_ The Improvements also include FaUon Road, Dublin Boulevard to
1-580 including the western frontage curb & gutter, 70-foot wide pavement storm dramage, water,
sanitary sewer, street monuments, traffic signing & stripmg, Jomtlrench, and street lighting
improvements. The Owner has requested thai the City melude, and the City has agrced to include,
the Phasc 2 work for the transition between the freeway project and the new Fallon Road,
estimated at $80,000, in the 1-580/Fallon Road hlterchange proJecl contract. Except for the Phase 2
work referred to above, the Improvements shall be constructed In accordance with the foUowing
referenced plans, which are hereby referred to for a more definite description of the work to be
perf"ffiled under this Agrecment as though sct forth at length herein;
. Improvement Plans. Dublin Ranch. Dublin Boulevard. Lockhart Street to Fallon and
Fallon Road to 1-580 prepared by MacKay & Somps, consisting of 18 sheets, and signed
by the City Engineer on April 19, 2006
. Joint Trench Composite & Electrolier Plan, Duhlin Boulevard, Lockhart Street to Fallon
and Fallon Road to 1-580 prepared by RGA Utility Consultants consisting of6 sheets, and
signed by the City Engineer on April 19, 2006.
. Dublin Boulevard at Lockhart Street Traffic Signal Improvements prepared by T.lKM
Transportation Consultants consisting of 6 shects and dated May 16,2006.
. Fallon Road at Dublin Boulevard Traffic Signal Installation prepared by TJKM
TransportatIOn Consultanls cons]stmg of6 sheets and dated March 2, 2006.
IMPROVEMENT AGREEMENT
Dublin Boule::varc..l, l.m;khart Sllu Pallon Roau tlJlJ [Calltln Rood tu I-SSu
Page 1 ofll
IMPROVEMENT AGREEMENT
DUBLIN BOULEVARD, LOCKHART STREET TO FALLON ROAD
AND FALLON ROAD TO 1-580
This agreement is made and entered into this 18th day of July, 2006, by and between the CITY of
Dublin, a municipal corporation, herem after referred to as "CITY", and Chang Su-O-Lin (also known as
Jcnnifcr Lin), Hong Lien Lin (also known as Frcderie or Frederieh Lin) and Hong Yao Lin (also known as
Kevin Lin) ("the Lins"), and Sierra Land Development Corporation, a California Corporation ("Sierra
Land") (the Lins and Sierra Land are hereinafter referred to col1eehvely as "OWNER").
RECITALS
WHEREAS, the Lins are owners of eeltain land within the City of Dublin, known as Dllblin
Ranch. The City has approved certain development proJecls in Dublin Ranch that require the construction
of the improvement, that are the suhject of this Improvement Agreement. Sierra Land is a legal entHy
conlrolled hy the Lins that the Lins propose to use to construct the improvements;
WHEREAS, it has been deternlmed by the CITY Council of the CITY ofpublin, State of
CahfornJa, that OWNER desircs to construct and dedieale the fol1owmg Improvements (hereafter
collectively "The Improvements")
Dublin Boulevard, Lockhart StTeet to Fallon Road including 28-foot wide pavement in both
travel directions, median curbs, StOffil drainage, water, samtary sewer, street monuments, traffic
signing & striping, joint trench, and street lighting improvements. Additional pavement, curb &
guller and traffic signals are included at the intersection of Duhlin Boulevard/Lockhart Street and
Dublin BllulevanL'Falloll Road. The Improvements also include Fallon Road, Dublin Boulevard to
1-580 including the westenl frontage curh & guller, 70-foot wide pavement StOffil drainage, water,
sanitary sewer, street monuments, traffic signing & striping, joint trcneh, and street lightmg
improvements. The Owner has requested that the Cily mclude, and lhe City has agreed to include,
the Phase 2 work for the transition betwecn the freeway projcet and the ncw Fallon Road,
estimated al $8.Q,.QOO, in the I-580/Fallon Road Interchange project contract. Except for the Phase 2
work referred to above, the Tmprovenlents shall he constructed m accordance WIth the following
referenced plans, which are hereby referred to for a more definite description of the work to be
performed under 1Ilis Agreemenl as though set forth at length herein;
. Improvement Plans. Dublin Ranch, Duhlin Boulevard, Lockhart Street to Fallon and
Fallon Road to I-58() prepared by MacKay & Somps, consisting of 18 sheets, and signed
by the City Engineer Oil April 19, 2006
. Joint Trench Composite & Electrolier Plan, Dublin Boulevard. Lockhart Street to Fallon
and Fallon Road to 1-580 prepared by RGA Utility Consultants consisting of 6 sheets, ami
Signed by the City Engineer on April I 9,2006.
. Dublin Boulevard at Lockhart Street Traffic Signal Improvements prepared hy TJKM
Transportation Consultants consisting of 6 sheets and datcd May 16, 2006.
· Fallon Road at Dublin Boulevard Traffic Signal Installation prepared by TJKM
Transportation Consultants consisting of6 sheets and dated March 2, 2006.
IMPROVEMENT ^GREEMENT
Dublin Douleval'd, l...ut::khll.rt St tl1 Fallon Road and I"Il.11on R08d to 1-580
Puge 10( 1 J
WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time
hereinafter specilled, and CITY intends to accept OWNER's offer(s) nfdedication of right-of-way and
The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions of
1Ilis Ab'Teement;
WHEREAS, CITY hus determined that The Improvements are a public wnrks subject to California
prevailing wage requirements;
NOW, THEREFORE, in consideration nfthe mutual promises, conditions and covenants herein
contained, the parties agree as follows:
Section 1
Completion Time.
OWNER will commence construction of the Phase I Improvements within ninety days following
the date on which CITY executes this Agreement. OWNr::R shall complete the Phase I Improvements
except for the traffic signal improvements no later than 2 yeurs following execution of this agreemenl.
The Truffic Signal Improvements will not be considered for CITY acceptance until the Phase 2
Improvements are complete. The Phase 2 Improvements, that are to be eonstruetcd as part of the 1-
5801I'allon Road Interchange project, are not expected to be completed until late 2007
Seelion 2.
Estimated Cost of Improvements.
For purposes of this Agreement, Ihe estimated cost of constructing The Improvements is agreed to
be $ 2,620,000 for the Phase I Improvements, $880,0001(1r the Traffic Signal Improvements and $80,000
for the Phase 2 Improvements per the Bond Estimate prepared by MacKay & Somps dated April 12, 2006.
The Phase 2 Improvements are to be considered complele I<.,r this Agreement when included in the 1-
580IFallon Road Interchange project contracl. Said amounts include costs and reasonable expenses and
fees which may be incuned in enforcing the obligation secured.
Section 3.
Bonds Furnished.
Prinr to cOlllmencing construction of the improvements, OWNER (either the Lins or Sierra Land)
shall furnish CITY with the following security in a form satisfactory to the CITY Attorney:
a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the Stale of Califomia, or
an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth
in Paragraph 2 and sufficient tn assure CITY that The Improvements will be salisfactorily
completed.
b Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or
an instrument of credit equivalent to one hundred percent (100%) of the estimates set f<.lrth
in Paragraph 2 and sufficient to assure CITY that OWNER'S contractors, subcontractors,
and other persons furnishing labor, maleriaIs, or equipment shall be paid therefor.
IMPR()VEMENT A.{jR~EMEN.1
Dublin Bnulcvard. I .ockhal1 St to Fillion Road lI.nd hdlon Koad lu 1-:580
Page 2 of 11
CiTY shall be the sole indemnitee namcd on any instrument required by this Agreement. Any
instrument or deposit required herein shall con limn to the provisions of Chapter 5 of the Subdivision Map
Act.
Section 4
Insurance Required.
Prior to commencing construction oflhe improvements, OWNER shall obtain or cause to be
obtained and l1led with the CITY, all insurance required under this paragraph, anti such insurance shall
have been approved by the Administrative Services Director of CITY, or his designee, as to form, amount
and carrier Prior to the commencement of work under this Agreement, OWNER's general contractor
shall obtain or cause to be obtained and filcd with the Administrative Scrvices Director, all insurance
required under this paragraph, and such insurance shall have been approved by the Administrative
Services Director of CITY, as to fornl, amount and carrier. OWNER shall not alloy, any contractor or
subcontractor to commence work on tllis contract or subcontract until all insuranec required for OWNER
and OWNER's general contractor shall have been so obtained and approved. Said insurance shall bc
maintained in full force and effect until the completion of work under this Agreement and the final
acceptance thereof by CITY All rcquirements herein provided shall appear either in the body of 1I1e
insurance policies or as endorsements and shall specifically bind the insurance carrier
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Ofllee form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form
number Gl 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CG 0001 )
(H) Insurance Services Onlee form number CA 0001 (Ed. 1/78) covering
Aulllillobile Liability, eode I "any auto" and endorsemenl CA 0025
(Hi) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liabilitv' $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and properly damage. Ifeommcrcial General
Liability Insurance or other fi.mn with a general aggregate limit is used,
either the general aggregate limit shall apply separately to tllis
project/location or the general aggregate limit shall be twice the required
occurrence limit.
(iD Automobile Liabi!.i.ty. $1,000,000 combined single limit per accident for
bodily injury and property damage.
(iii) Workers' Compensatiol} and Ell1P!overs Liabilitv' . Workers' compensation
limits as required by the Labor Code ofthe State of California and
IMPROVEMENT AIjIU'HM>:NT
Dublin Duult:vard, Luckhart St to Fallon Roa.d and PallOlI Ruad to 1.0;;80
Pa,go3ofll
Employers Liability limits of $1 ,000,000 pcr accident.
c. Deduetil;?,les and SelHnsuranee RetentiQ@. Any deduetiblcs or self-insured
retentions must be declared to and approved by the CITY. At the option of the
CITY, either the insurer shall reduce or eliminate such deduetibles or se1f~insured
retentions as respects thc CITY, its oflicers, officials and employees; or the
OWNER shall procure a hond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain,
the following provisions:
(i) General Uabilitv and Automobile Liabilitv Coveral!es.
(a) The CITY, ils officers, agcnts, officials, employces and volunteers
shall he named as additional insureds as respects: liahility arising
out of activities perlormed by or on behalf of the 0 WNER, products
and completed operations of the OWNER, premises owned,
oecupicd or uscd by 1Ile OWNER, or automobiles owned, leased,
hired or borrowed hy the OWNER. The coverage shall contain no
special limitations on the scope of the protection afforded to the
CITY, its officers, oOicials, employees or volunteers.
(b) The OWNER's insurance coverage shall be primary insurance as
rcspeets the CITY, its officers, officials, employees and volunteers.
Any insurance or sel1'.insuranee maintained hy the CITY, its
oflicers, officials, employees or voluntcers shall be excess of the
OWNhR's insurance and shall not eontribule with it.
le) Any failure to comply with rcporting provisions of the policies shall
not affect coverage providcd to the CITY, its officers, officials,
employees or volunteers.
(d) The OWNER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability
(in Workers' Compensation and Employers Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the CITY, its officers,
ofHcials, employces and volunteers for losses arising from work performed
by the OWNER for the CITY
(iii) All Coverages.
Each insurance policy required hy this clause shall be endorsed to state thaI
coverage shall not he suspended, voided, cancelled by either parly, reduced
in coverage or in limits except after thirty (30) days' prior wri Hen notice by
IMPROVEMENT A(TRF~MEN.I
Dublin Boulcvi'lrd, l.ockhart St to J-'allnn RUlld and Fallon R.oad to 1-5XO
{lase 4 of 11
certified mail, return receipt requested, has been given to the CITY
(a) AcceDtabilitv of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A.VII.
(b) Verification of Coverage. OWNER shall furnish CITY with
certificates of insurance and with original endorsem"nts effecting
coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person aulhorized by
that insurer to bind coverag" on its behalf. The certificates and
endorsements arc to be received and approved by the CITY heli]re
work commences. The CITY reserves the right to require eompletc,
certified copies of all required insurance policies, at any time.
(e) Subcontractors. OWNER and/or OWNER's general conlractor shall
include all subcontractors as insureds under its policies or shall
obtain separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the
requirements slaled herein.
Section 5
Work Performance and Guarante".
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance,ordinlll) wear and tear and "nusua[ ab"se or neglect, OWNER guarantees all work execuled
by OWNER and/or OWNER's agents, and all supplies, materials and devices of whatsoever nature
incorporated in, or attached to the work, or otherwise delivered to CITY as a part ofthe work pursuant to
the Agreement, to he free of all defects of workmanship and materials for a period of one (1 ) year after
acceptance of the entire work by CITY. OWNER shall repair or replace any or all such work or material,
together with all or any other work or materials which may be displaced or damaged in so doing, that may
prove defective in workmanship or matelial within said one-year guarantee period without expense or
charge of any nature whatsoever to CITy. OWNER further covenants and agrees that when defects in
design, workmallship and materials actually appear duling the one-year guarantee period, and have been
corrected, the guatanltJ" period shall automatically be extended for the corrected items lur an additional
year to insure that such defects have actually been corrected. .
In the cvent the OWNER shall fail to comply with the conditions ofthe foregoing guarantee within
thirty (30) days time or such longer time period as agreed to in writing by the City Engineer, after being
notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain
1Ile repair ofthe defect, and OWNER shall pay to CITY on demand all costs and expense of such repair.
Nolwithslanding anything herein to the contrary, in the cvent that any defect in workmanship ur material
covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the
public hcalth, safety, or wclfare, CITY shall have the right to immediately repair, or cause to be repaired,
such defect, and OWNER shall pay to CITY Oil demand all costs and expense of such repair. The
furegoing statement relating to hazards to health and safety shall be dcemed to include either ltJmporary or
p"rmanenl repairs which may be required as determi ned in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or
IMPROVEMEN'I' AGRhI-:MhN"r
Duhlin Boulevnrd, Lockhll.rt St to f'allon Road and Palkm Road to I~580
Pag~ 5' uf 11
performs the necessary work, OWNRR shall pay, in addition to actual costs and expenses of such repair or
work, twenly-five percent (25%) of such costs w1d expenses for overhead and interest at the maximum
rate of interest permitted by la" accruing thirty (30) days from the date of billing for such work or repairs.
Inspection of the Work.
Section 6.
OWNER shall guarantee l1'ee access to CITY through its City Engineer and his designated
representative for the safe and convenient inspection orthe work throughout its construction. Said CITY
representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall he removcd
promptly hy OWNER and replaced to the satisfaction of CITY without any expense to CITY in strict
accordance with the Improvements plans and specificalions.
Section 7
Agreement Assignment.
OWNER shall not assign this Agreement without the written consent of CITY, whiel1 consent
shall nol he unreasonably withheld.
Section 8.
AbandOlyp.ent of Work.
Neither OWNER nor any of OWNER's agents or contractors are or shall be considered to be
agents of CITY in connection with 1Ile perlunnanee of OWNER's obligations undcr this Agreement.
If OWNER refuses or fails to obtain prosecution oftha work, or any severable parttl1ereof, with
such diligence as will insure its completion within the time specified, or any extension thereof, or fails to
obtain completion of said work within such time, or if OWNER should be adjudged as bankrupt, or
should make a general assignment for the benefit of OWNER's creditors, or if a receiver should be
appointed, or if OWNLR, or any of OWNER's contractors, subcontractors, agents or employees should
violate any of the provisions ofthis Agreement, the CITY through its City Engineer may serve written
notice on OWNER and OWNER's surety or holder of other security of breach of this Agreement, or of any
portion, thereof, and default of OWNER.
In the event or any such notice of breach of thIs Agreement, OWNER's surety shall have the duly
to take over and complete The Improvements herein speciiied; provided, however, that iflhe surety,
within thirly (30) days al"ter the serving upon it of such notice of breach, does not give CITY written
n\,tiee of its intention to take over the performance of the contracl, and docs not commence performance
thereof within thirty (30) days after notice to CITY or such election, CITY may take over the work and
prosecute the same to completion, by contract or hy any other method CITY may deem advisahle, for the
account and at the expense of OWNER and OWNER's surety shaH he liable to CITY for any damages
and/or reasonable and documented excess costs occasioned by 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 helonging to OWNER as may he on the site of the work and
necessary therefor.
Section 9.
Notices
All notices herein required shall be in writing, and delivered in person or sent by registered mail,
TMPROVEMENT AGREEMENT
Dublin Buulevard, Luckhll.rt St to Fallon Road and I-"alhm J{0I1d lu 1-580
Page6ot"11
postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required 10 be given to OWNER shall be addressed as follows;
The Lin Family
c/o James Tong
4690 Chabot Drive, Suite 100
Pleasanton, CA 945R8
Notices required to be given surety of OWNER shall be addressed as follows:
Uregory Pribyl
The Insco Dieo Group
3100 Oak Road, Suite 260
Walnut Creek, CA 945%, California 94566
Any party or the surety may change such address by notice in writing to the other party and
thereafter notices shall be addrcssed lllld transmitted to the ncw address.
Concurrently with the execution of this Agreement, OWNER has executed and has caused to be
acknowledged an abstract of this Agreement. OWNER agrees CITY may record said abstract in the
Ofl1cial Records of Alameda County
Section 10
Safetv Devices.
OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs,
warning lights, and other safety dcvices adjacent to and on the sitc of The Improvements as may be
necessary to prevent aeeidcnts to the puhlic and damage to the property. OWNER shall furnish, place,
and maintain such lights as may be necessary for illuminating 1I1e said fences, barriers, sib'llS, and other
safety devices. Al the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on
the plans and included in the items of work) shall be removed from site "fthe work by 1Ile OWNER, and
the entire site left clean and orderly
Section II.
Acceptance o[Work and Easement.
Upon notice ofthe completion of The Improvements and the delivery of a set of final as-built
mylar plans with electronic file to CITY by OWNER, CiTY, lIrrough its City Engineer or his designated
representative, shall examine the work without delay, and, if found to be in accordance with said plans
and specilkations and this Agrecment, shall recommend aeecptance ofthe work to the City Council and,
IMPR{}VhMEN'!" A{iKI:J::Mt::NT
IJllhlin H()ljl!:vard, l.(1ckhnrt St tu l--aJlOlI Road and Fallon Rood to 1-5:-:0
Pagc70fll
upon such acceptance, shall notify OWNER or his designated agents of such acceptance. The City intends
to accepllhe Trafl1c Signallrnprovements at a later date than the remainder oUhe Phase I Improvements,
Concurrently with the notice of completiun, OWNER shall dedicate to CITY any right o[ way
and easements deemed necessary by the City Engineer [or the maintenance of The Improvements,
and, at acceptance of the Work, CITY shall also accept the right-of-way and maintenance easement
dedicatiun. The right of way dedications shall be as shown on the Tentative l'areel Map R734
attached hereto as Exhibit A.
Section 12.
Patent and (oovd ght Costs.
tn the event that said plans and specifications require the use of any material, process or
publication which is subjeclto a duly registered patent or copyright, OWNER shall he liable for, and shall
indemnifY CITY from any fees, costs or litigation expenses, including attorneys' fees and eourl costs,
which may result from the use of said patented or copyrighted material, process qr publication.
Section 13
Alterat\.Qns in Plans and Svecifications.
Any alteratiun or alterations made in the plans and specifications which are a part of this
Agreement ur any provision of this Agreement shall not operale to release any surety or sureties from
liability on any bond or bonds attached hereto and made a part hereof, and consent to make such
alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of
the Civil Code of the Statc ofCaJifomia.
Section 14
a.
Liabilitv
OWNER Primarilv Liable. OWNER hereby warrants that the design and
construction of The Improvements will be performed in a proper marmer OWNER
agrees to indemnify, defend, release, and savc harmless CITY, and each of its
elective and appointive boards, connnissions, officers agents and employees, from
and against any and all loss, claims, suits, liabilities, actions, danlages, or causes of
action of every kind, nature and description, directly or indirectly arising from an
act or omission of OWNER, its employees, agents, or indepcndent contractors in
eOlUleclion with OWNER'S actions and obligations hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against OWNER which
it may have by reason oflhe aHlresaid hold harmless agreement, because of
the acceptance by CITY, or the deposit with CITY by OWNER, of any of
tlle insurance policies descrihed in Paragraph 3 hereof.
(ii) That the aforesaid hold harmless agreement by OWNER shall apply to all
damages and claims fi,r damages of every kind suffered, or alleged to have
been suffered, by reason of any oftlle aforesaid operations refcrred to in this
paragraph, rcgardless of whetller or not CITY has prepared, supplied, or
approvcd of plans and/or specil1cations for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
IMPROVEMhNT AURhEMhNT
Dublill Boulevard, Lockhart St to Fallon Road and Fallon Road lo 1-.580
Page 8 ot" 11
b.
c.
Section 15
applicable to any 0 f such damages ur claims (br damages.
Design !)efelj. If a design defect in the work ofImprovemenls becomes apparent
during the course of' construction, or within one (I) year following acceptance by
the CITY of the Improvements, and said design defect, in the opinion of the CITY,
may substantially impair the public health and safety, OWNER shall, upun order by
the CITY, redesign the improvements as ne.;essary to correct said design defect and
reconstruct the improvcments as necessary to correct said design defect at his sole
cost and expense, and lhe sureties under Ihe Faithful Performance and Labor and
Materials Bonds shall be liable to the CITY for the corrective work required.
Litigation Expenses. In the event that legal action is instituted by either party to
lhis Agreement, and said action seeks damages for breach of this Agreement or
seeks to specifically enforce the terms of this Agreement, and, in the event
judgment is entered in said action, the prevailing party shall be enlitled tu recover
its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also
be entitled to recover its allorney's fees and costs in any action against OWNER's
surety on the bonds provided under Section 3
Right of Entry.
CITY granls to OWNER a right of en\ly to enter upon the property within Fallon Road AND
Dublin Boulevard with such personnel, equipment, machinery, vehicles and materials as may be necessUl)
for the sole purpose of construction of The Improvements pursuant to this Agreement. This right of entry
shall be effective upon the date of this agreement and shall terminate on upon acceptance of The
Improvements by the City There shall be no payment for the right of entry OWNER's ubligation to
indemnify, defend and hold CITY hannless, as described in Seclion 15, shaH be applicable to any acts or
omissions of OWNER, its contractors, subcontractors and agents, in connection with this right of entry.
Section 16.
Indemnification and Waiver.
OWNER shall defend CITY, its officers, employees and officials, against any claims or actions
(including declaratOlY or injunctive relief) coneeming OWNER's construction of The Improvements on
OWNER's property and shall indemnify and hold CITY harnlless from any damages, charges, fees or
penalties that may be awarded or imposed against CITY and/or OWNER in cOlmection with, or on
account 01; OWNER's construction of'The Improvements and/or CITY's failure to enforce or comply
with any applicable laws.
Section 17.
Credits.
CITY shall provide a credit to OWNER for dedication of any right-of-way needed for The
Improvemenls if' such righl-ol~way is needed for improvements described in the Eastern Dublin Traffic
Impact Fee.
CITY shall provide a credit to OWN ER for construction of Thelmprovements if such
improvements are described in the Eastern Dublin Traffic Impact Fee and if such improvements are
constructed in their ultimate location.
IMPRoVEMEN'r o\(II{F~MI-<:N'1
I)uhlin Boulc:vard, l.nclchart St to Fallon Roa.d alld I-'::I.lIon Road to 1-5~O
Page 9 of 11
All aspects ofthe above credits shall he governed by the City's Administrative Guidelines. The
~m]Ount nfthe credits shall be identified in a Crcdit Agreement between lhe CITy and OWNER.
Section 18.
Recitals.
The foregoing Recitals arc tme and corTCct and are made a part hereof.
[EXECUTION PAGE FOLLOWS I
IN WITNESS WHEREOF, the parties hereto have execuled this Agreement in duplicate at
Dublin, California, the day and year first above wrillen.
CiTY OF DUBLIN
By' n..._....__'__
Janet Lockhart, Mayor
OWNER.
r:3t:.;o/,fl-tJL~~~ Date: &1.-"-0'
Cha:;?,&' Su-S1iLm (also kUO)<Vll as Jenmter Lm)
ti". r<= r'C.~V~T"/.Z~,
~Ld.!t'/I!'li[;f ~.7 Date: r;:: 2../ '" C
~ loiJen LiP (also kno}VllAs.fredench or Fredene Lm)
"7'" $-- 71&J?lJb#;I.(,:L'1 ~'
Date:
ATTEST'
BY' . ".,.".,_~__
Fawn Holman, City Clcrk
LAND DEVELOPMENT CORPORATION
Date:
Sl
Janles
Date' ,(.-:>-1 co ~,
Approvcd as to Fonll. Approve as to Form.
Elizabeth H. Silver, City Attorney Martin W. Inderbitzcn, Attorney for Lin Family
IMI'RllVEMFNT AUR.HMENT Page 10 of 11
Dublin Boulevard, Lockhalt St to Fallon Road and Fallon R(1ad lo I-S80
EXHIBIT A
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TMPROVEMENT AuREEMENT
DubliTI Boul~vlltd, LudJulJ't St to Fallon Road ilnd Fallon Rulld to I.580
Pagt:] I of II