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Home My WebLink About4.08 Accept Improvements Lockhart StreetFile # CITY CLERK 0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 5, 2006 SUBJECT: Acceptance of Improvements for Lockhart Street - Central Parkway to Gleason Drive Report Prepared by Melissa Morton, Public Works Director ATTACHMENTS: 1) Resolution Accepting Improvements 2) Location Map 3) Improvement Agreement dated May 3, 2005 RECOMMENDATION: Adopt the resolution accepting improvements for Lockhart Street - Central Parkway to Gleason Drive, constructed by the Lin Family and the Sierra Land Development Corporation FINANCIAL STATEMENT: The Sierra Land Development Corporation has provided a Maintenance Bond in the amount of $358,500.00 to guarantee against any defects in the improvements for a one-year period following acceptance. The City will incur maintenance costs for these roadway improvements. DESCRIPTION: As part of the infrastructure for Dublin Ranch, the Lin Family and the Sierra Land Development Corporation have constructed Lockhart Street - Central Parkway to Gleason Drive. These improvements were completed in conformance with an Improvement Agreement entered into with the Lin Family and the Sierra Land Development Corporation on May 3, 2005 (Attachment 3). The Sierra Land Development Corporation provided a Performance Bond and a Labor and Materials Bond, each in the amount of $1,434,000.00, to guarantee performance of the work. Now that the work is complete, these bonds may be released in accordance with the authority contained in §66499.7 of the Government Code, and replaced with a Maintenance Bond in an amount necessary to guarantee the work for a one-year period following acceptance. The Sierra Land Development Corporation has provided a Maintenance Bond in the amount of $358,500.00 (Developers Surety and Indemnity Company, Bond No. COPY TO: Marty Inderbitzen, Attorney for the Lin Family Page 1 of 2 ITEM NO. G:\DEVELOP\Dublin Ranch\lnfrastructure\Lockhart Street (Gleason -Central Pkwy)\agenda statement accept.doc 869068S-M), which is sufficient to guarantee the improvements for a one-year period after acceptance. The Lin Family has dedicated the required right-of-way, which will be accepted by the City Engineer upon acceptance of the improvements. Staff recommends that the City Council adopt the resolution accepting improvements for Lockhart Street - Central Parkway to Gleason Drive constructed by the Lin Family and the Sierra Land Development Corporation. Page 2 of2 II/!/Lf RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTANCE OF IMPROVEMENTS FOR LOCKHART STREET - CENTRAL PARKWAY TO GLEASON DRIVE WHEREAS, the Lin Family and the Sierra Land Development Corporation entered into an Improvement Agreement with the City of Dublin on May 3,2005, to construct roadway improvements for Lockhart Street - Central Parkway to Gleason Drive, in accordance with the approved plans; and WHEREAS, improvements associated with Lockhart Street - Central Parkway to Gleason Drive, are complete in accordance with said plans, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, the Lin Family has dedicated right-of-way to the City of Dublin for Lockhart Street- Central Parkway to Gleason Drive; and WHEREAS, the Performance Bond and the Labor and Materials Bond can be released, in accordance with the authority contained in ~66499. 7 of the Government Code of the State of California, and replaced with a Maintenance Bond to guarantee the completed work for a one-year period following acceptance; and WHEREAS, the Sierra Land Development Corporation has provided a Maintenance Bond to guarantee the completed work for a one-year period; NOW, THEREFORE, BE IT RESOLVED that: 1. The improvements completed with said project are hereby approved and accepted subject to a one-year guarantee period; and 2. The original Performance Bond issued by Developers Surety and Indemnity Company (Bond No. 869068S) in the amount of$1,434,000.00 be released; and 3. The original Labor and Materials Bond issued by Developers Surety and Indemnity Company (Bond No. 869068S) in the amount of$1,434,000.00 be released; and 4. The submitted Maintenance Bond issued by Developers Surety and Indemnity Company (Bond No. 869068S-M) in the amount of $358,500.00 be accepted as security for the aforesaid one-year maintenance period, said period to commence on this date and terminate on the 5th day of September, 2007. If, /00 I 1 ATTAUIDIENT I. Po/14 PASSED, APPROVED AND ADOPTED this 5th day of September, 2006. YES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Fawn Holman, City Clerk G:\DEVELOP\Dublin Ranch\Infrastructure\Lockhart Street (Gleason-Central Pkwy)\Reso acpt imps .doc 2 3tJ-/1'-f --- --- _1.,__, Y1C1Nm.l.IAP """"""" IIIIIliUUllDI> I. YQ1'I'*mrumlf_"" I. lII1B.lIfTAIU~_"'" l!l' 1\; ual ... II. III lANDS OF DUBLIN lAND COMPANY Series No, 8J-182776 \~/- ,~ Park, '"0' . ~ Ii '- Iii i1 o::~: ~g g!~ Lockhart St. g ~ I ~ ~ ~! I : FlffiJRE DEVELOPMENT = II ~ &:i gdl..; ca: d il!iJ tJ) L!../ :~ l<<r ~ '11 !~--~~ WLJ.-L......,~ ~_. ,(t~,.,. i ~':'i'1;>,... 'V ;../;..--- "." 1,1[........ I~(..---_____ 'r""",;~.. / /'" I \', R>"'M' lEI ---.. Njpj~ /' _ \ \'\ ~\~~. 1:,;1 PARCEL 2 }r--.~i;;:'''''o;...''' " .. / Furu,~E, D0'~OPMENT I , ~ I" TRACT 7148 4:1 -.!~~~t ' Central Parkway'" Ahu, I/,U AGee \ ',\!l. 'Pj 1.J"'-_ ~,.. ,....;$_- \ \ '\:-'iJo. 257 M, 0-7 & PARCEL 0 -..__. 1=n'<I'IiI'....1"~-~.-=..~..:,_.(=f-=-~.~~~~....., . \ \ ~~C~7~~87 ---~:;~~'i;,}r~,~----_/ \ \ LANDS OFN::~:G'~::O '~~"----"-"-"-"-\,- \. \ TRACI 7148 l!i i Series No. 85-150494 :457 M. 3-7 /i/ u ;-:1 '" '" 1<0<- .. ~~ ...,.. ..: I I 1~ A", ~~~ ~;:;~ ~z :=:~ "'''' ::liS ~.. ~ 1 -r "" "" PRIlPIJlIll1OOllllTlllllllllltltOHtlJ' ~ ~ F :':'=~,.;;~~ LOCATION MAP ATTACHMENT 2-. L-foljLf IMPROVEMENT AGREEMENT LOCKHART STREET ," CENTRAL PARKWAY TO GLEASON DRIVE This agreement is made and entered into this 3rd day of May, 2005) by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su~O-Lin (also known as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known a.s Kevin Un) ("the Lins"), and Sierra Land Development Corporation, a California Corporation ("Sierra Land") (the Lins and Sierra Land are hereinafter referred to collectively as "OWNER"). RECITALS WHEREAS) the Lins are owners of certain land within the City of Dublin, known as Dublin Ranch. The City has approved certain development projects in Dublin Ranch that require the construction of the improvements that are the subject of this Improvement Agreement. Sierra Land is a legal entity controlled by the Lins that the Lins propose to use to construct the improvements; WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that OWNER desires to construct and dedicate the following improvements (hereafter collectively .'The Improvements"): Lockhart Street from Central Parkway to Gleason Drive, including all median curbs, frontage curbs, pavement, stann drainage, sanitary sewer, water, joint trench and street lighting improvements. The Improvements include modifications to the traffic signal at Gleason Drive, and conduit for future traffic signals at the park entrance and at Central Parkway. The Improvements do not include landscaping and walkways. The Improvements shall be constructed in accordance with the following referenced plans) which are hereby referred to for a more definite description of the work to be performed under this Agreement as though set forth at length herein; . Improvement Plans. Dublin Ranch - Central Parkway to Gleason Drive prepared by MacKay & Somps, approved by the City Engineer and consisting of 13 sheets. . Gleason Drive at Lockhart Street Traffic Signa/Improvements prepared by TJKM Transportation Consultants consisting of 6 sheets. . Joint Trench Composite & Street Lighting Plan -Lockhart Street prepared by RGA Utility Consultants. WHEREAS) OWNER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept OWNER~s offer(s) of dedication of right-of-way and The Improvements in consideration for OWNER's satisfactory perfonnance of the terms and conditions of this Agreement; WHEREAS, the Lins and CITY have previously entered into an Agreement Regarding Community Park in Dublin Ranch, dated March 15,2005, which agreement contains certain conditions regarding the construction of Lockhart Street. WHEREAS) CTTY has determined that The Improvements are a public works subject to IMPROVEMENT AGRF-HMENT I ,o(:khart Street - Ccntrn I l'urk WilY 10 Gleason Stroot ATTAClDlENT ~ c;- 0 r 1'-1 '-" California prevailing wage requirements; NOW, THEREFORE, in consideration of the mutual promises. conditions and covenants herein contained, the parties agree as tbllows: Section I. Completion Time. OWNER will commence construction of The Improvements within ninety days following the date on which CITY executes this Agreement. OWNER shall complete such Improvements no later than two years following execution of this agreement. Time is of the essence in this Agreement. Section 2. Estimated Cost of Improvements. For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be $ 1,434,000. Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Section 3. Bonds Furnished. Prior to commencing construction of the improvements, OWNER (either the Lins or Sierra Land) shall furnish CITY with the following security in a fonn 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 State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily 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 forth in Paragraph 2 and sufficient to assure CITY that OWNER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor. CITY shall be the sole indelIUlitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall canfonn to the provisions of Chapter 5 of the Subdivision Map Act. Section 4. Insurance Required. Prior to commencing construction of the improvements, OWNER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph, and 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 filed with the Administrative Services Director, all insur'ance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, as to form, amount and carrier. OWNER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for OWNER and OWNER's general contractor shall have been so obtained and approved. Said insurance shall be IMPROVP.MF.:NT A<JREEME.Nf l.ockhurt Street.- Central PlIrkwily to Gleason Strc:ct Page:2 of1! r ,f I 00flLj maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carner. a. Minimum Scope of Insurance. Coverage shall be at least as broad as; (i) Insurance Services Office fann number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office fonn number GL 0404 covering Broad Fonn Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrencell fonn CG 0001.) (ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 II any autoll and endorsement CA 0025. (iii) 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 Liabili!J: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: $1 ~OOOiOOO combined single limit per accident for bodily injury and property damage. (iii) Workers' Comoensation and Ernoloyers Liabilitv: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$l,OOO~OOO per accident. c. Deductibles and Self-Insurance Retentions. Any deductibles 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 deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the OWNER shall procure a bond 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 Liability and Automobile Liability Coverages. (a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising IMPROVEMENT AGREEMEN') Page 3 of 11 Lockh~rt Street m CClllrall'urkway lo Gleasoll Street 7 r rJ. o t I I out of activities performed by or on behalf of the OWNER; products and completed operations of the OWNER; premises ownedl occupied or used by the OWNER; or automobiles owned, leased, hired or borrowed by the OWNER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY~ its officers, officials, employees or volunteers. (b) The OWNER's insurance coverage shall be primary insurance as respects the CITY ~ its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the OWNER's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided 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. (ii) Workers' Compensation and Employers Liabilit,y Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the OWNER for the CITY. (iii) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voi4ed, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. (a) Acceptability 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 certiticates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY betore work commences. The CITY reserves the right to require complete. certified copies of ~ll required insurance policies, at any time. (c) Subcontractors. OWNER and/or OWNER's general contractor shall include all subcontractors as insureds under its policjes or shall obtain separate certif1cates and endorsements tor each IMPROVEMENT AORHMI:!Nt "'age 4 of 11 l.ockhart Street-- Ccmtrul Parkway to Glca~on Street ( "'If. 1 0' , , I subcontractor. All coverages for subcontractors shall be !)ubject to all of the requirements stated herein. Section 5. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement. and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect. OWNER guarantees all work executed 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 of the work pursuant to the Agreement, to be 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 material within said one-year guarantee period without expense or charge or any nature whatsoever to CITY. OWNER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period. and have been corrected, the guarantee period shall automatically be extended for the corrected items for an additional year to insure that such defects have actually been corrected. In the event the OWNER shall fail to comply with the conditions of the 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 the repair of the defect, and OWNER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and OWNER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined 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 performs the necessary work, OWNER shall pay, in addition to actual costs and expenses of such repair or work, twenty-five percent (25%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. Section 6. Insoection of the Work. OWNER shall guarantee free access to CITY through its City Engineer and his designated representative for the safe and convenient inspection of the 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 be removed promptly by OWNER and replaced to the satistaction of CITY without any expense to CITY in strict accordance witb the Improvements plans and specifications. Section 7. Agreement Assignment. OWNER shall not assign this Agreement without the written consent of CITY, which consent IME'ROYf.MfiNT AGREEMENT Locktlilf[ Street, C.;ntral Parkway to Glet'lsol\ Street Pnge50fll f tJ / /'-{ shall not he unreasonably withheld. Section 8. Abandonment 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 the performance of OWNER's obligations under this Agreement. ffOWNER 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 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 OWNER, or any or OWNER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on OWNER and OWNER's surety or holder of other security of breach ofthis Agreement, or of any portion, thereof, and default of OWNER. In the event of any such notice of breach of this Agreement) OWNER's surety shall have the duty to take over and complete The Improvements herein specified; provided) however~ that if the surety, within thirty (30) 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 perfonnance thereof within thirty (30) 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 OWNER and OWNER's surety shall be Hable 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 belonging to OWNER as may be 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, postage prepaid. Notices required to be given to CITY shall be addressed as follows: Mark Lander, City Engineer City of Dublin 100 Ci vie Plaza Dublin, CA 94568 Notices required to be given to OWNER shall be addressed as follows: Martin Inderbitzen Attorney at Law 7077 Koll Center Plaza, #120 Pleasanton, Calitornia 94566 and The Lin Family c/o James Tong IMPROVEMENT AGREEM FlNT Lockhart Street - Central Parkway tu Gleusoll Slreet Page (, C)fl I 10 0 / Lf 4690 Chabot Drive, Suite lOOPleasanton, CA 94588 Notices required to be given surety of OWNER shall be addressed as follows: Gregory Pribyl The Insco Dico Group 3100 Oak Road, Suite 260 Walnut Creek, CA 94596, California 94566 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. 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 Official Records of Alameda County. Section 10. Safety Devices. OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the site of The Improvements as may be necessary to prevent accidents to the public and damage to the property. OWNER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and oth.er 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 of the work by the OWNER, and the entire site left clean and orderly. Section 11. Acceptance of Work and Ealiement. Upon notice of the completion of The Improvements and the delivery of a set of final as-built mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his designated representative, shall examine the work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of tile work to the City Council and, upon such acceptance, shall notify OWNER or his designated agents of such acceptance. Concurrently with the notice of completion, OWNER shall dedicate to CITY any right of way and easements deemed necessary by the City Engineer for the maintenance of The Improvements, and, at acceptance of the Work, CITY shall also accept the right..of-way and maintenance easement dedication. The right of way and easement dedications shall be in substantially the fonn attached hereto as Exhibit A. Section 12. Patent and Copyright Costs. In th~ event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, OWNER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. IMPROVEMEN-r AGREEMENT Lllckhllrt SlreeL,,' Ctnuall'arkway 10 Glea~on Slreet Page" ()f 11 flot/if Section 13. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part ofthls Agreement or any provision of this Agreement shall not operate 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 2~ 19 of the Civil Code of the State of California. Section 14. Liability. a. OWNER Primarily Liable. OWNER hereby warrants that the design and construction of The Improvements will be perfonned in a proper manner. OWNER agrees to indemnify, defend, release, and save hannless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and a11loss, claims, suits, liabilities, actions, damages, 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 independent contractors in connection 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 of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by OWNER, of any of the insurance policies described in Paragraph 3 hereof. (ii) That the aforesaid hold harmless agreement by OWNER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragrapht regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. b. Design Defect. If a design defect in the work of Improvements becomes apparent during the course of construction, or within one (1) 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, upon order by the CITY, redesign the improvements as necessary to correct said design defect and reconstruct the improvements as necessary to correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. c. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages tor breach of this Agreement or seeks to specitlcally enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shaH be entitled to recover its attorneys I fees and court costs. If CITY is the prevailing party) CITY shall also be entitled to recover its attorney's fees and costs in l:lI1y action against OWNER ':4 surety on lhe bonds provided under Section 3, lMI'ROVEMIiNT AGREEMHNT Lockhart Slr~l"l Ct;!r\tral Parkway lu cJleasol1 Street I'age x (11' I ] /;} 0" /J1 Section 15. Right of Entry. CITY grants to OWNER a right of entry to enter upon the property within Gleason Drive and Central Parkway with such personnel, equipment, machinery, vehicles and materials as may be necessary 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 obligation to indemnify, defend and hold CITY harmless, as described in Section 15, shall 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 declaratory Or injunctive relief) concerning OWNER's construction of The Improvements on OWNER's property and shall indemnify and hold CITY hannless from any damages, charges, fees or penalties that may be awarded or imposed against CITY and/or OWNER in connection with, or on account of, OWNER's construction of The Improvements and/or CITY's failure to enforce or comply with any applicable laws, Section 18. Recitals. The foregoing Recitals are true and correct and are made a part hereof. lMf'ROVRMRNT AGREEMENT Lockhnrt Street -- Central Parkway 10 Gll;llSOIl Str~el Page)1 (11' 11 I ""l '. I I JEJ~ 1"'( IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year Erst above written. By: J t Lockhart, Mayor 6/9/05 Date; ATTEST: Approved as to Form: ~L- !Lv {,~ Elizabeth H. Silver, City Attorney IMPROVEMENT AGREEMENT l.oci<l1art Street - Central Parkway to Cilcll.50n Street OWNER: - Date: ~ /a -OJ ,- Cha Su-O-Lin (also known as Jennifer Lin) ~ /-- /k;,.7Pp~u/",/ ~ . ~,L h ~1 Date: ~N~' ,- H ng LiertLin (also mown as rederich or Frederic Lin) 60 ,e../.. /..:b;r#o/2,. r?L:) ~? LAND DEVELOPMENT CORPORA nON Date:~/V-' ~~- ong, Secretary Approved as to Fa ~~r:rZJ y for Lin Family Pa~ti:lo()rJJ / '-I () { ;'1 o 300 ""...~ ~tp~ ~. (,1''"'''' '" to> V' 'o'~~ ~ - 11 POB OtadOtf .-..... ~. ""~..? .p ..... t.. -- ~ ..... d' -- ...... -q 'c \ r If' 0::.\ "'". - .... ....\ ~\\ ...... op.~ LOCKHART STREET RIGHT OF WAY PARCEL A PARCEL 11 \ TRACT 7281 '" / (277M82) \, I PARCEL 13 TRACT 7281 DETAIL 1" .. 100' PU8l1C ACCESS EASEMENT PUBLIC SERVICE EASEMENT POINT OF BEGINNING POINT OF COMMENCEMENT RIGHT OF WAY 2P~ 1J--J . J><lg ! I I- I SCALE:ln -300' PAE PSE POB POC ROW / PARCEL 13 TRACT 7281 (277M82 ) l" 44,66" R=1336.00' .0.".'55'25" PARCEL 13 TRACT 7281 ~--- -~ ------- EXHIBIT · A-' PLAT TO ACCOMPANY DESCRIPTION LOCKHART STREET ROW'. PAl k PSE CHANG su-o LIN PROPERTY CITY OF DUBLIN CN..IFORNIA ROBERT CHAN COUNlY OF' ,t.I.At,IEOA IlAlKAY lS.S INFRASTRUCTURE GROUP EliCJlolttllS . I'LAHNEIlS . lIURVt:YO~ ~ RAlo'Oi'l. CA 04~e:s (OZ~> 901-1190 W1CKAY a &0_ 'S ~ IIUJlQIde.E fl:JlI 11i( 1oCaJ~ OR COllPlElENE5S of ' II(IIftOOlJCIIONS or TillS OOCINDf'l fN,t,l ...-c OC~IAl'ED lIP CIItClI$ ,_ E=TRONIC IIlEIM SCAU:, I'.JOO' !)ATt, 001-07-05 Joe 1>10, ll.::ze7~17 THE BASIS OF' BEARING IS RECORD PER 277U82 THE: DISTANCES SHOWN ARE GROUND DISTANCES. 1tlIIIo_ "'11.:11IIIII'11'. I'U IiIWIIIII . "111-' RESOLUTION NO. 162 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF IMPROVEMENTS FOR LOCKHART STREET — CENTRAL PARKWAY TO GLEASON DRIVE WHEREAS, the Lin Family and the Sierra Land Development Corporation entered into an Improvement Agreement with the City of Dublin on May 3, 2005, to construct roadway improvements for Lockhart Street - Central Parkway to Gleason Drive, in accordance with the approved plans; and WHEREAS, improvements associated with Lockhart Street - Central Parkway to Gleason Drive, are complete in accordance with said plans, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, the Lin Family has dedicated right-of-way to the City of Dublin for Lockhart Street - Central Parkway to Gleason Drive; and WHEREAS, the Performance Bond and the Labor and Materials Bond can be released, in accordance with the authority contained in §66499.7 of the Government Code of the State of California, and replaced with a Maintenance Bond to guarantee the completed work for a one-year period following acceptance; and WHEREAS, the Sierra Land Development Corporation has provided a Maintenance Bond to guarantee the completed work for a one-year period; NOW, THEREFORE, BE IT RESOLVED that: The improvements completed with said project are hereby approved and accepted subject to a one-year guarantee period; and 2. The original Performance Bond issued by Developers Surety and Indemnity Company (Bond No. 869068S) in the amount of $1,434,000.00 be released; and The original Labor and Materials Bond issued by Developers Surety and Indemnity Company (Bond No. 869068S) in the amount of $1,434,000.00 be released; and 4. The submitted Maintenance Bond issued by Developers Surety and Indemnity Company (Bond No. 869068S-M) in the amount of $358,500.00 be accepted as security for the aforesaid one-year maintenance period, said period to commence on this date and terminate on the 5th day of September, 2007. Reso No. 162-06, Adopted 9/5/06, Item 4.8 Page 1 of 2 PASSED, APPROVED AND ADOPTED this 5th day of September, 2006, by the following vote: YES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: ity Clerk Reso No. 162-06, Adopted 9/5/06, Item 4.8 &a"MALAY Mayor Page 2 of 2