HomeMy WebLinkAbout4.08 DubRchTr7524Grading
CITY CLERK
Fi Ie # D~[{i][Q]-[bJ[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 7, 2004
SUBJECT:
Approval of Improvement Agreement for Grading Associated with
Tract 7524, Dublin Ranch, Area G, Neighborhood H-2, Phase 2
(Toll-Dublin, LLC)
Report Prepared by: Melissa Morton, Public Works Director
A TT ACHMENTS:
1)
Resolution Approving the Improvement Agreement
For Grading associated with Tract 7524, together with
Exhibit "A", Improvement Agreement
Location Map
2)
RECOMMENDA TION71 A V,,: Adopt the Resolution approving the Improvement Agreement for
Á UV · Grading associated with Tract 7524, Dublin Ranch, Area G,
Neighborhood H-2, Phase 2
FINANCIAL STATEMENT:
Toll-Dublin, LLC (dba Toll Brothers), has provided a Faithful
Performance Bond and a Labor and Materials Bond, each in the
amount of $367,950.00, to guarantee the required subdivision
grading, and will pay the cost of associated construction inspection.
DESCRIPTION: Toll-Dublin, LLC, is seeking City Council approval of an
Improvement Agreement for grading associated with Tract 7524. Tract 7524 is the second phase of a
two-phase condominium project known as the "Terraces," approved by the Planning Commission in
January 2002. The project site is located in Dublin Ranch, Area G (Neighborhood H-2) at the northwest
corner of Dublin Boulevard and Keegan Street, and will consist of two levels of subterranean parking
underlying 4-story buildings. When completed, the project will include 626 condominiums.
The Improvement Agreement, which is guaranteed by Faithful Performance and Labor and Materials
Bonds, has been executed by Toll-Dublin, LLC, to assure that all required grading is performed to the
City's satisfaction. The grading involves the excavation of approximately 74,000 cubic yards of soil for
construction of the subterranean parking. The excavated soil will subsequently be used to backfill the
recently-completed G-3 box culvert along 1-580. The Grading Plan has been reviewed by Staff and found
to be in conformance with the Vesting Tentative Map and Conditions of Approval. The required
inspection deposit and insurance certificates have also been submitted.
Staff recommends that the City Council adopt the Resolution approving the Improvement Agreement for
grading associated with Tract 7524, Dublin Ranch, Area G, Neighborhood H-2, Phase 2.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . ~ ~ M _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W N . _ - - - - -
COPIES TO: Jeffery C. Schnurr, Toll Brothers ~ l ð.
l tJb 1 ITEM NO. ~
G:\DEVELOP\Dublin Ranch\Area G\H2 - Tract 7524\AGST_grading 7524.doc
/ðJJ Ii
RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING THE IMPROVEMENT AGREEMENT FOR GRADING ASSOCIATED WITH
TRACT 7524, DUBLIN RANCH, NEIGHBORHOOD H-2, PHASE 2 (THE TERRACES)
(TOLL-DUBLIN, LLC, A CALIFORNIA LIMITED LIABILITY)
WHEREAS, the Developer has executed and filed with the City of Dublin an Improvement
Agreement to perform the required subdivision grading for Tract 7524 in conformance with the Vesting
Tentative Map and Conditions of Approval approved by the Planning Commission via Resolution No.
02-06 (PA 01-009) on January 22, 2002, and the grading improvement plans and specifications approved
by Staff as referenced in the Agreement, with completion required on or before September 7,2005; and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of $367,950.00
(Bond No. 6249457) issued by Safeco Insurance Company of America conditioned upon faithful
performance under the terms of said Agreement; and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of $367,950.00
(Bond No. 6249457) issued by Safeco Insurance Company of America conditioned upon payment for
labor performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Improvement Agreement and bonds are
hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Improvement Agreement, hereto attached as Exhibit A.
PASSED, APPROVED AND ADOPTED this 7th day of September, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVELOP\Dublin Ranch\Area G\H2 - Tract 7S24\RESO~rading 7524.doc
Ll-i-04
ATTACHMENT
1.4$
,
, .
,
"
~rfJ 14
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
GRADING ASSOCIATED WITH TRACT 7524, DUBLIN RANCH,
NEIGHBORHOOD H..2, THE TERRACES, PHASE 2
(TOLL-DUBLIN, LLC)
This agreement is made and entered into this 7714 day of S£PT£M8ell.. ,2004, by
and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
TolI..Dublin LLC, a California Limited Liability Company (hereinafter referred to as
"DEVELOPER").
RE C I TAL S
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to perform grading work (hereafter "The
Improvements") associated with Tract 7524, in accordance with the requirements and
conditions set forth within the City of Dublin Planning Commission Resolution 02-06 adopted on
January 22, 2002; the requirements of the Subdivision Map Act of the State of California and
the Subdivision Ordinance of the City of DUblin; and those certain plans and specifications for
said development approved by the Public Works Director on AUGUST ð RD ,2004, as
follows:
· "Plans for the Improvement of Tract 7524 - Site H2 West Building Grading Plan"
(Sheets 1 through -L ) by MacKay & Somps.
Said plans are now on file in the office of the Public Works Director/City Engineer, and are
hereby referred to for a more definite and distinct description of the work to be performed under
this Agreement as though set forth at length herein; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication
of right-of-way and The Improvements in consideration for DEVELOPER's satisfactory
performance of the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows: '
Section 1. Completion Time.
DEVELOPER will commence construction of The Improvements within ninety (90) days
following the date on which CITY executes this Agreement. DEVELOPER shall complete such
Improvements no later than one year following execution of this agreement or not later than'
SSPTIDM86R. '1 ,2005. Upon completion, DEVELOPER shall furnish CITY with a complete
and reproducible set of final as-built plans of The Improvements, including any authorized
modifications.
Section 2. Estimated Cost of Improvements.
EXHI IT L
-to -tÁe {~.SD,{¿t:¡'on
IMPROVEMENT AGREEMENT
G:\DEVELOP\Dublln RanchlArea G\H2 . Tract 7524\lmprovement AgreemenC gradlng.DOC
¿tfJ ) ~
For purposes of this Agreement, the estimated cost of constructing The Improvements is
agreed to be Three-Hundred SixtY:"Seven Thousand Nine-Hundred Fifty and 00/100 Dollars
($367,950.00). 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, DEVELOPER 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
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
DEVELOPER'S contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement.
Any instrument or deposit required herein shall conform to the provisions of Chapter 5 ofthe
Subdivision Map Act.
Section 4. Insurance Required.
Concurrently with the execution hereof, DEVELOPER 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 designee, as to form,
amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's
general contractor shall obtain or cause to be obtained and filed with the Administrative
Services Director, all insurance required under this paragraph. and such insurance shall have
been approved by the Administrative Services Director of CITY. as to form, amount and carrier.
DEVELOPER shall not allow any contractor or subcontractor to commence work on this
contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's
general contractor shall have been so obtained and approved. Said insurance shall be
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
carrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
IMPROVEMENT AGREEMENT
G:\DEVELOP\Dublin RanchlArEÍa G\H2 - Tract 7524\lmprovement Agreement_ grading.DOC
Page 2 of 10
July 28, 2004
~1J 1L1
comprehensive General Liabilitv and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial "General Liability
coverage ("occurrence" form CG0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code.1 "any auto" 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 Liability: $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: $1,000,000 combined single limit per accident
for bodily injury and property damage.
(iii) Workers' Compensation and Employers Liàbility: Workers'
compensation limits as required by the Labor Code ofthe State of
California and Employers Liability limits of $1 ,000,000 per accident.
c. Deductibles and Self-Insurance Retentions. Anydeductibles 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 DEVELOPER 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 Liabilitv Coveraqes.
(a) The CITY, its officers, agents, officials, employees and
volunteers shall be named as additional insureds as respects:
liability arising out of activities performed by or on behalf of
the DEVELOPER; products and completed operations of the
DEVELOPER; premises owned, occupied or used by the
DEVELOPER; or automobiles' owned, leased, hired or
borrowed by thé DEVELOPER. The coverage shall contain
no special limitations on the scope of the protection afforded
to the CITY, its officers, officials, employees or volunteers.
IMPROVEMENT AGREEMENT
G:\DEVELOP\Dublin Ranch\Atea G\H2 - Tract 7524\lrnprovernentAgreement_ grading. DOC
Page 3. of1 O.
July 28, 2004
5~1~
(b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials,
employees and volunteers. Any insurance or selfRinsurance
maintained by the CITY, its officers, officials, employees or
volunteers shall be excess of the DEVELOPER'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 DEVELOPER'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 Liability CoveraQe. 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 DEVELOPER for the CITY.
(Hi) All Coveraaes.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, 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 CoveraQe. DEVELOPER shall furnish CITY
with certificates of insurance and wit~ 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 before work commences. The
CITY reserves the right to require ,complete, certified copies of
all required insurance policies, at any time.
(c) Subcontractors. DEVELOPER and/or DEVELOPER's
general contractor shall include all subcontractors as insureds
under its policies or shaH obtain separate certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements
stated herein.
IMPROVEMENT AGREEMENT
G:\DEVELOP\Dublin Ranch\Area G\H2 - Tract 7524\1mprovementAgreemenC gradlng.DOC
Page 4 of 10
July 28, 2004
ú;úfJI ~
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, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER'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 thø 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. DEVELOPER 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 of any nature whatsoever to CITY. DEVELOPER further covenants and
agrees that when defects in design, workmanship and materials actually appear during the on8-
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 DEVELOPER 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 DEVELOPER 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 DEVELOPER 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, DEVELOPER 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. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representatives 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 satisfaction òf
CITY without any expense to CITY in strict accordance with the Improvements plans and
specifications.
Section 7. Aqreement Assiqnment.
DEVELOPER shall not.assign this Agreement without the written consent of CITY, which
IMPROVEMENT AGREEMENT
G:\DEVELOP\Dublin Ranch\Area G\H2 - Tract 7524\lmprovement Agreement_ gradlng.DOC
Page 5. of 10
July 28, 2004
It l~
consent shall not be unreasonably withheld.
Section 8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER 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 DEVELOPER
should be adjudged as bankrupt, or should make a general assignment for the benefit of
DEVELOPER's creditors, or if a receiver should be appointed, or jf DEVELOPER, or any of
DEVELOPER'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
DEVELOPER and DEVELOPER's surety or holder of other security of breach of this
Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER'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 performance 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 DEVELOPER and DEVELOPER's surety shall be 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 belonging to DEVELOPER 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:
Melissa Morton
Public Works Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
IMPROVEMENT AGREEMENT
G:\DEVELOP\Dublln Ranch\Area G\H2 - Tract 7524\1mprovement Agreement_ grading.DOC
Page 6. of 10
July 28, 200.4
,.
"3ð{) 1 4
Toll-Dublin LLG-..
c/o ..;:J¡;;-p:p. Ò ~Ù~
100 Park Place, Suite 140
San Ramon, CA 94583
Notices required to be given surety of DEVELOPER shall be addressed as follows:
D~,~ P. DI.)N\<=t~
~ l~~~c:.G ~....u>~'r'~~~CA
çAft-~ t'\..A; '"'LA
ç'~'T1't.E I w~CtT&""'1 ~ B5
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, DEVELOPER has executed and has
caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may
record said abstract in the Official Records of Alameda County.
Section 10. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets
and improvements within the work to be performed under this Agreement shall be at the sole
and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY
for dwellings located within the project site shall not be construed in any manner to constitute a
partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER
. agrees that CITY's Building Official may withhold the issuance of building or occupancy permits
when the work or its progress may substantially and/or detrimentally affect public health and
safety. .
Section 11. Safety Devices.
DEVELOPER 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. DEVELOPER 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
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 of the work by the DEVELOPER, and the entire
site left clean and orderly.
Section 12. Acceptance of Work and Riqht-of-Wav.
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 DEV~LOPER, CITY, through its City Engineer or
IMPROVEMENT AGREEMENT
G:\DEVELOP\Dublin Ranch\Area G\H2 - Tract 7524\lmprovement AgreemenC grading.DOC
Page 7 of 10.
July 28, 20.0.4
qr1b Ii
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 the work to the City Council and, upon such acceptance, shall notify
DEVELOPER or designated agents of such acceptance subject to Section 5 above.
If not previously dedicated on the final map for Tract 7524, DEVELOPER shall
dedicate to CITY by separate instrument any right of way and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements,
and, at acceptance of the Work, CITY shall accept said right~of~way and maintenance
easement dedications.
Section 13. Patent and Copvriqht Costs.
In the 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, DEVELOPER 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.
Section 14. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this
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 herebywaive
the provisions of Section 2819 of the Civil Code of the State of California.
Section 15. Liability.
a. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will be performed in a'proper
manner. DEVELOPER agrees to indemnify, defend, release, and save
harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, from and against any and all
loss, 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 DEVELOPER, its employees, agents, or independent
contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by DEVELOPER, of any of the insurance policies
described in Paragraph 3 hereof.
(ii) That the aforesaid hold harmless agreement by DEVELOPER shall'
IMPROVEMENT AGREEMENT
G:\DEVELOP\Dublln Ranch\Area G\H2 - Tract 7524\lmprovement Agreement_ grading;DOC
Page 8 of1 0
July 28,. 2004
· ~ '
l DDfJ If
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 paragraph, 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, in the opinion of the CITY, 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 shan, upon order by the CITY,
correct said design defect at OWNER's sole cost and expense, and the
sureties under the Faithful Performance and Lç¡bor and Materials Bonds
shall be liable to the CITY for the corrective work required.
c. Litiqation Expenses. In the event that legal action is instituted by either
party to this 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 entitled to recover its attorneys' fees and court costs. If CITY is the
prevailing party, CITY shall also be entitled to recover its attorney's fees
and costs in any action against DEVELOPER's surety on the bonds
provided under Section 3.
Section 16. Indemnification and Waiver.
DEVELOPERshall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive relief) concerning DEVELOPER's construction of
The Improvements on DEVELOPER's property and shall indemnify and hold CITY harmless
from any damages, charges, fees or penalties that may be awarded or imposed against CITY
and/or DEVELOPER in connection with, or on account of, DEVELOPER's construction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
Section 17. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IMPROVEMENT AGREEMENT
G:\DEVELOP\Dublin Ranch\Area G\H2 - Tract 7524\lmprovement AgreemenC grading. DOC
Page 9 of 10
July 28, 2004
", J ~
Il8() 1'1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
CITY OF DUBLIN:
DEVELOPER:
Toll-Dublin LLC
By:
Janet Lockhart, Mayor
By:~c1~~_/
0'$t'f~ ~ . c., Sd~~f{\.-
Typed or Printed Name
Date:
ATTEST:
By:
Kay Keck, CiW Clerk
~S~( ~TAtJ.'\ \)\(.4(.. ff.é.~\'o~
Title
Date:
~~q. L~
Date )
IMPROVEMENT AGREEMENT
G:\DEVELOP\Dublin Ranch\Area G\H2 . Tract 7524\lmprovement Agreement_ gradlng.DOC
Page 10 of 10
July 26, 2004
I ~ tü J1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
~ounty of ConirQ (.c;f.;~
}ss
personally appeared
On
'(-y-q-OlA
Date
~.~::=~::,~ ¡
1 -_.~ -
. ConIra Coata County
_ _ _ ~~:..~:~1~2~71
to be the person(~whose name~ is/Bi'S
subscribed to the within instrument and
acknowledged to me that hefstretttTey executed
the same in his/herlttreir authorized
caþacity~ and that by hisf.A.Ðr/tl-leir
signature(.s')Õn the instrument the person~ or
the entity upon behalf of which the person~
ac;ted. executed the instrument.
Place Notary Seel Above
~\1);d
Signature 0 otary Public
OPTIONAL
Though the Information beldw is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document '.. . '
Title or Type of Document: \VY\t:rDJ~~ "D ^ ~ P-crJJ 0 f'V\.i l\ T-
~ï Ì"V\, a : l.-V\c> h V\
Document Date: €:>-'1 ~y Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
D· Other:
RIGHT THUMBPI~INT
OF SIGNER
Top of thumb here
Signer Is Representing:
C 1999 National Notary Aa.ociatlon. 9350 De $oto Ava.. P.O. Bo~ 2402' CMtoworth. CA 91313·2402' www,natlonalnotary.org
Prod. No. 5907
RIIOn!er. Call TolI·Free 1.¡¡o¡¡.S76-6827
13rfJ I~
(
PRELIMINARY BOND ESTIMATE· GRADING
DUBLIN RANCH - H2 WEST BUILDING
CITY 'OF DUBLIN
ITEM
QUANTITY
UNIT
DESCRIPTION
UNIT PRICE
AMOUNT
A. GRADING
1 , 51,000 YDS Bulk Grading - Offhaul, $ 5.50 $ 280,500.00
2 20,000 YDS Bulk Grading - Onsite '$ 1.70 $ 34,000.00
3 LUMP SUM Demolition $ 5,000.00
4 LUMP SUM Erosion Control $ 5,000.00
5 LUMP SUM Fine Grading $ 10;000.00
ESTIMATED TOTAL GRADING $ 334,500.00
, SUMMARY
A. GRADING $ 334,500.00
ESTIMATED COST $ 334,500.00
CONTINGENCY @10% $ 33,450.00
.( ESTIMATED TOTAL IMPROVEMENT COST $ 367,950.00
NOTES;
1. This estimate covers the construction costs for the H2 West building grading, underground and pavement Improvements.
2. This estimate Is prepared as a guide only and Is subject to possible change. It has been prepared to a standard
of accuracy which, to the bast of our knowladge and judgement, Is sufficient to satisfy our understsndlng of the
purposes of this estimate. MacKay & Somps makes 110 warranty, eIther expressed or Implied, as to the accuracy of this estimate.
Prepared by the firm of
MACKAY & SOMPS
(
~di!~i
~¡¡¡. .. I!I. I!;
I~ið I~~. ~
~ðêj'~!~ ~,
~.I ~...f' ~! h ¡~
::i~ 41;; ~JI ~§ ~
I~~~~.". ¡:¡.~.'. fiI.m..e.!
ç.q ~'" ;¡,¡,f :::i.¡ II!.~ II!
~.,¡ I!;~ I!I~ !" Eili'
"gm §!: ",.I, >.;¡¡¡
~;¡¡¡; Ihl ~,~ h
¡~¡¡~
15;
:ii¡
, ~I!;
!1~~~
'I!;-~
IlIa
~;d
ilih
i I~;§j
~i!ii.!
;,:Iii
"
~~f:~~
i'-~~I
;I~i~~ ~
I!;~Cn ~
ã:=S~1 ~¡d~:!
:i!ii.¡ Ii :~hl
ii~iljl!;lt.:i ~ !i I~i 9~
GIll,; 11~~!i¡
~!~~lb!1 ..I!~d~!
~ j~:fl~ I=§~~~ ~9
~~I'.i~
~t!..
..¡i! ~~
~~§"~
il·. L
~ ~""!I¡
~ I i~!
I!;"~.~.~~.
~ !~'!!!
~=Uh
I
I-.:Z: I
I
~
II!
;~
15; ~ I i ~ i
I~! i I ~ 11111 ! ! II
~:hBmhmn
~>œ' .1iiI~~~g~~~
as w €.Lõ
est L J:)'t/:!.L
h !
: ~
..
'"
~~.-
01"-1
uti""
~~-
0-,...
C\
W
UJ
oct
:L
a..
f)fr/5"-~)
e 73:)~'1.[
0-
ce
:::E
::z:
o
¡::::
ce
Q
o
......J
¡z¡ ¡::'"
~. ~.~.ri.¡
¡z¡ r...Sit::> <;(
o f2i:í) ...~. .
~.~ ~<~~ ~
C'J. ~ ~.'.~~'~' . e
If:) ;::, M N Þ ~ :J
. .~ ~. :~!§~4: "<t
'f'--~ uoo¡:;:c¡üo
,;..:¡ N~O:¡Uþ.. ~
8 E"oE-!5 ~A >- "
¡.;..¡ 911>.·s::! ¡..", >-
~. .. Z. '.' ·..0.. ...I;\!....."~. ¡:.;..... ;z...... ~
.. ~ ¡:;¡.... =>. ,q:;> ::;)
U =s ¢:I,IõI..~ '.0 ~
. ~... Q :Z,s::!. ..þu Li.
.ø::¡ S~I,QN-
. . g¡¡. . I;\! l'- U 4:
~. Z.·, e: ¡:i../:i: ,J, C;:¡'
~ Q i:illOl<e> L.¡J
~ U ~~ltrJ ~
rp .iJ ~ Ë:3 :5
p;:; <Þ::Ì¢"<i1. <C.
c:Þ ;,;Z :I;.
~ "it.2:;
t:=o
It. 11._2L\ ..;' ," . . ",.¡~,6t.o+aØ
. . ~~. IC~\c'd_,.,_._'-'-' ... . .NOZ . L~ sn NOIIV1S I'I\IIIV1n~N~èI.l
0. \5'I¡>.1"Ic:1 ),j' fl--'-'..:,€. .. /. !ßo~.o O.N~. t. ..n.t. O'OI~·J."3. 'to'6StztfN
(Ç;f!,\?,.'14 .. ~~~-';"--":\Gs \.If' Á.¿.'· ..9t. 6 I "NO.i11Vj, 03. dIW1.S. >,B'OQ3/~ne
,,\!t'!.~~J,,-'-" "t >.~h' . /~O;$> :)slo. SS'f!IB .t/M NO" SI)'f:)sn 'lliS'lLI
~'~i¡S\$ Ot ". ..ø.i)f'
~ /~\"\t)
~ ,/ 'o):~", .LiIaH.LS NVÐaIDI
~g; ~-'\r----ytl!..,~,g~---t-+~_--_}II '~1~ NTlBno.-W ,TLïstl ug,zr.oON \ :¡N13!J.-n .OO1)~ M.w,a.6Q~
~"',., (1.0: 3.II.B£oOON ----------n---'t----------___ --
i¡;ì"e;~ ZsR II¡¡ S """S1~~l';'!\--_t_---_¡;:¡;:;FiQnT~.oõir--- ----1
"J.¡¡¡N do: I NOe"I7'otl'f ~-.=<-- N '
~~~~ !i ¡~ - ~ ~ ~ _ ~~~ \ ;;(=~=~~=---~J--=-::-f~ ii; :
ð'" - <.>..... I -' .... - ~ i .., \ ~ \ rll .J ì' II'S:
!~I~ tli~ ~~~ ~~; \~~ \\~.~ þ 5~ ~~ It'''7 ,10' I
,¿ t;; ~. ~ I- ""~ ö \~, "'-I -' ~ s. ¡'¡¡i I, I
~ ¡¡., tj \ "'~ " I "'"if "'- ~ 1 " I
1=' E ~, \ i;;)æ. I I
æ ~.. \ ~\ ,( ~ 1 I
\'\~V .... I' I
~ \~4+~T"-I wi!
....~ ,\I UJ II I I
~ ¡:::; \ ï/ ~ \: ~ /-:/' i I
~ g:k '~i: Ii a.. !: i I
1- ~ 1",/, Ø:; 'I . I I' I
"'/Þ; S" µ '" I I I
.: i¡¡, r" ¡I -' j. ¡" ,;.!
!oi/!.¡ "'1/ ,I tb 0..:<" I I I
t !1t::,¡ I I <>:'1 _1- I ~
.. /' I :'tS k! Q~ tJ'1 I',~ I
;;;l I L ':- 0 uok <>:æ. I' I"
~'r :.. ,,----- ::;¡~¡C ~ II,·
¿,' 'Or; 'l iri 0.. ) .~i§ ,~ ¡;::¡ I
~- /it'/" 'ð ~/ 'okl& Ii; 0: I
@ ... '\~ ~ 'Y' " nc _ '-----------~-.Jì'"- /.1, ,¡¡¡ <
-'\~':--... ... ,(.$ , \~oClr~ -' \ \ '~I Þ- I
, "t.,?>, to~ /1'" . ~.;:&t ti - ~ /' ,i>'1¡,;- ¡¡.;¡
"'0~'-... :" ~" ";,"C /j,~ ' . "" ¡;i.¡, .:: :;..\Q'¡t", J!iil::. t::! I
-'6> " ~.. " CT /,g:.;\j ~ <d; - -~';)'\I';;, '- [/1..../ .....
~J>.." ~~~ 4' / f'~~~$'.' .. . "'- í 't~;~ :fJ~, ~ I
to'", "~6~ -~' \, I.< I j ~ I
;g,~\ "J%¡0 :90 I i 04 I
vr\ ~ ~, § I
'~g ¡;::¡ I
i~ /
. I I
h! ! ~-Jh t J d, + .101 /1
~... fJpj!$'f/l! ' <to
!?iIJ!§l'" ~ ,I I i!
!::- :"'~ 11 R I1J / / t;
"f.- ~ / t§
'" ",d! f!.. ø. ~ / ¡..;_
"'-!if /1ì'
. ¡;;j ll/J / ~ fS
~ pd~ ~SI'$ / I::f
R ~ ;¡::¡ h /!i
! ~ ~$ / ""
ø. III /
L/ /
r~..i'f.1>~tI./ j /
I I
ATTACHMENTß ·
~
i
¡!i
1:11.
E
'!£
.,5
Ii
!"'J;
i!i
i
f
~
i
~
~
~
;:-
..
j
...
:iì
§