HomeMy WebLinkAbout4.05 DubRchStormDrainLine
CITY CLERK
File # D[(o]ØJ[Q]-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 7,2004
SUBJECT:
Acceptance of the improvements for the G3 Storm Drain Line in
Dublin Ranch, Areas "C & H"
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS:
1)
2)
Resolution accepting the improvements
Original Improvement and Maintenance Agreement
RECOMMENDATION:
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Adopt resolution accepting the improvements constructed by the Un
Family and the Sierra Land Development Corporation for the G3
Storm Drain Line in Dublin Ranch, Areas "C & H."
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FINANCIAL STATEMENT:
The developer has paid all the costs of construction and has
provided a Maintenance Bond in the amount of $1,445,250.00 to
guarantee against any defects in the improvements. The Lin Family
has made a one-time payment to the City of $280,000 for future
maintenance of the box culvert, as required by the Dublin Ranch
Master Development Agreement dated March 25, 1999. Estimated
annual maintenance will be approximately $15,000 per year and will
be paid for using interest from the $280,000 deposit.
DESCRIPTION: As part of the master drainage improvements for Dublin Ranch, the
Lin Family and the Sierra Land Development Corporation have constructed a large box culvert drainage
facility along the north side of I-580 between Northside Drive and Fallon Road. The improvements were
constructed in conformance with an Improvement and Maintenance Agreement entered into with the Lin
Family on October 7,2003 (Attachment 2).
The Un Family and the Sierra Land Development Corporation provided a Performance Bond, and a
Labor and Materials Bond, each in the amount of $5,781,000.00, 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 $1,445,250.00, to meet this requirement.
The developer has also provided the deeds for the right-of-way as required by the agreement.
Staff recommends that the City Council adopt the resolution accepting the improvements constructed by
the Lin Family and the Sierra Land Development Corporation for the G3 Storm Drain Line in Dublin
Ranch, Areas "C & H."
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COPIES TO: Marty Inderbitzen, Lin's Attorney 4
1~' ITEM NO.
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RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPT ANCE OF IMPROVEMENTS FOR THE G3 STORM DRAIN LINE
DUBLIN RANCH, AREA "C & H"
WHEREAS, the Lin Family entered into an Improvement and Maintenance Agreement on
October 7, 2003, with the City of Dublin to construct storm drain improvements in Dublin Ranch, Areas
"C & H," in accordance with plans entitled, "Improvement Plans Dublin Ranch G3 Box Culvert,"
prepared by MacKay & Somps, and consisting of 28 sheets; and
WHEREAS, the improvements associated with the G3 Storm Drain Line are complete in
accordance with said plans, and any approved modifications thereto, to the satisfaction of the Director of
Public Works; and
WHEREAS, the Lin Family has executed Easement Grant Deeds to the City of Dublin for the G3
Storm Drain Line and Northside Drive; and
WHEREAS, the Lin Family has provided a $280,000 payment to the City of Dublin for
maintenance of the G3 Storm Drain Line as required by Section 13 of said Improvement and Maintenance
Agreement; 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 following acceptance;
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. 866616S) in the amount of$5,781,000.00 be released; and
3. The original Labor and Materials Bond issued by Developers Surety and Indemnity
Company (Bond No. 866616S) in the amount of$5,781,000.00 be released; and
4.
The submitted Maintenance Bond issued by Developers Surety and Indemnity Company
(Bond No. 866616S-M) in the amount of $1,445,250.00 be accepted as security for the
aforesaid one-year maintenance period, said period to commence on this date and terminate
on the 7th day of December, 2005.
1
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ATTAUBMENT
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PASSED, APPROVED AND ADOPTED this 7th day of December, 2004.
YES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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IMPROVEMENT AND MAINTENANCE AGREEMENT
FOR BOX CULVERT TO CHANNEL DRAINAGE
FROM DUBLIN RANCH
This agreement is made and entered into this ~ day of ~003 (the Effective
Date), by and between the City of Dublin, a municipal corporation (hereinafter refeITed to as
CITY), and Chang Su-Q-Lin (also known as Jemùfer Lin), Hong Lien Lin (also known as
Frederic or Frederich Lin) and Hong Yao Lin (also known as Kevin Lin), hereinafter referred to
as OWNER. CITY and OWNER are referred to collectively as the Parties.
RECITALS
WHEREAS, the Parties are parties to the Master Development Agreement Between
the City of Dublin and the Lin Family for the D~blin Ranch Project (Areas A, B, C, D, E, F,
G and H), dated March 25, 1999 (the Master Agreement).
WHEREAS, the Master Agreement at section 18 provides as follows:
Section 18. Maintenance Costs for Box Culvert.
Developer agrees that, subject to approval from regulatory agencies having
jurisdiction, it will construct a box culvert along the northern side ofI-580 (along the
southern boundary of the areas A-E and F-H Property to channel drainage from the Areas
A-H Property and the Areas F-H Property. Developer further agrees that it will make a
one-time payment to CITY of $280,000 to be used by City for the maintenance costs <;If
the box culvert no later than the date City accepts the box culvert improvements.
The box culvert that section 18 of the Master Agreement requires the QWNER to construct is
hereinafter referred to as The Improvements.
WHEREAS, OWNER has plans for The Improvements prepared by MacKay &
Somps, that have been approved by the City on August 28, 2003.
WHEREAS, OWNER inten4s to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication
of The Improvements and any associated easements and rights-of-way in consideration for
OWNER's satisfactory performance of the tenns and conditio{ls of this Agreement; and
WHEREAS, OWNER intends to complete The Improvements in two separate phases,
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as shown on the diagram attached as Exhibit A. the first phase being the westernmost portion
of the box culvert (approximately 1600 linear feet) along with associated improvements
("Phase I") and the second phase being the easternmost portion of the box culvert
(approximately 2000 linear feet) ("Phase 2"); and
WHEREAS, the Parties desire to enter into further agreements to satisfy the
requirements Section 18 of the Master Agreement.
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
Section 1.
Completion Time.
OWNER will commence construction of Phase 1 of The Improvements within twenty-
four (24) months of providing the security for Phase 1 as required by Section 3. OWNER
will connnence construction of Phase 20fThe hnprovements within twenty four (24)
months of providing the security for Phase 2 as required by Section 3. In any event, Phase 1
work shall be completed by October 15,2006, unless Zone 7 of the Alameda County Flood
Control and Water Conservation District's General Manager extends the tenn, pursuant to the
Reimbursement Agreement defined in Section 19 below. Time is of the essence in this
Agreement. Upon completion of Phase 1 or Phase2 ,OWNER shallfumish CITY with a
complete and reproducible set of final as-built plans of the completed improvements,
including any authorized modifications.
Section 2.
Estimated Cost ofImprovements.
F or purposes of this Agreement, the estimated cost of constructing The Improvements
is agreed to be $~.8 million for Phase 1 and $3.1 million for Phase 2. Said amounts include
. costs and reasonable expenses and fees that may be incurred in enforcing the obligation
secured. Prior to the time security is provided pursuant to Section 3 below, the Director of
Public Works may adjust the estimated cost of The Jmprovements as necessary to reflect
inflation.
Section 3. . Bonds Furnished.
Prior to commencing construction of The Improvements, OWNER shall furnish CITY
with the following security (by Phase at Owner's option) in a fonn satisfactory to the CITY:
a. Faithful Perfonnance. 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
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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 of 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 indemniteenameci on,any instrument required by this
Agreement. Any instrument or deposit required herein shall conform with 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 WIder this paragraph,
and such insurance shall have been approved by the Administrative Services Director of
CITY, or his or her designee, as to form, amount and carrier. Prior to the commencement of
work Wlder this Agreement, OWNER'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 bave peellapproved by the Administrative Services
Director of CITY, as to form, amount and carrier. OWNER shall not allovy, any contractor or
subcontractor to CODID1ence work .on thiscontraçt. or ¡;ubç.Q"Q,tm9tµntil.ªU JI!sW'~ç~"r~quired
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for OWNER and OWNER's general contractor shall have been so obtained and approved.
Said insurance shall be maintained in full force and effect W1til 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 comprehensive General Liability and Insurance
Services Office form nU11lber GI. 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage (occurrence form
CG 0001.)
(ii) Insurance Services Office fonn number CA 0001 (Ed. 1/78)
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covering Automobile Liability, code I any auto and
endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor
Code of the State of Cali fomi a 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 property
damage. If commercial General Liability Insurance or other
fonn with a general aggregate limit is used, either the general·
aggregate limit shall apply separately to tbis 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 Emvloyers Liability: Workers'
compensation limits as required by the Labor Code of the State
of California and Employers Liability limits of $1 ,000,000 per
accident.
c. Deductibles and Self-Insurance Re!enti<:~ns.. 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 ret~ntions 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
volWlteers shall be named as additional insureds as
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respects: liability arising out of activities performed by
or on behalf of the OWNER; products and completed
operations of the OWNER; premises owned, 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 \Vi:th 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 Liability Coverage.
The insurer shall agree to waive all rights of subrogation against
the CITY, its officers, officials, employees and volWlteers for
losses arising tram work perfonned 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, 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) Acceutabilitv of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII.
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(b) Verification of Coverage. OWNER shall furnish CITY'
with certificates 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 before work commences. The CITY reserves the
right to require complete, certified copies of all required
insurance policies, at any time.
(c) Subcontractors. OWNER andlor, OWNER's general
contractor shall include all subcontractors tiS insurt}ds
ooder its policies or shall ootåin,separate certificates and
endorsements for each subcontractor; All coverages for
subcontractors shall be subject 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 lU1usual 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 iI)., 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 initial acceptance of
work by CITY. OWNER shall repair or replace any or all such work Of material, together
with all or any other work or materials that may be displaced or damaged in so doing or that
may prove defective in workmanship or material within said onewyear guarantee period
without expense or charge of 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 shaH fail to ..c()tpply with the conditions of the foregoing
guarantee within thirty (30) days' time or such longer time period as agreed to in writing by
the Director of Public Warks, after being notified of the defect in WTiting, CITY shan 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
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foregoing guarantee results in a conditionwl1,ichc_()p..~TI.-g.t,~~.s._"'lpj~_~4~!it~,. Þ-~.~4 ,tl::)~þ~,<", ..
public health, safety, or welfare, CITY shall havethe right to inunediately repair, or cause to
be repaired, such defect, and OWNER shall pay to CITY on demand all costsang expense of
such repair. The foregoing statement relating to hazards to health and safety shall be deemed
to include either temporary or permanent repairs that may be required as detemúned 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 maximllmrate.ofintere,~t pennitted by law accruing thirty
(30) days from the date of billing for such workor repairs.
Section 6.
Inspection of the Work.
OWNER shall guararitee free access to CITY through its Public Works Director/City
Engineer and his or her designated representative for the safe and convenient inspection of
the work throughout its construction. Said CITY representative shall have the authority to
reject all materi'als and workmanship which are not in accordance with the.plans and
specifications, and all such materials and or workßAAUberem()Yed promptly by OWNER
andtep1aced to the satisfaction of C1TY witl1Ç1t¡tany expense to CITY in strict accordance
with the Improvements plans and specifications.
Section 7.
Agreement Assignment.
- This Agreement shall not be assigned by OWNER without the written consent of
CITY.
Section 8.
Parties Not Co-venturers.
Nothing in this Agreement is intended to nor does establishany of the parties as
partners, co-venturers, or principal and agent with one another.
Section 9.
Abandonment of Work.
If OWNER 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 of
OWNER's contractors, subcontractors, agents or employees should violate any of the
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provisions of this Agreement, the CITY through its Public Works Director mélY 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 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 intentiont() taJ:ce ov:~rthe perfonnance 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 OWNER and OWNER's surety shall be liable to CITY for any damages and/or
reasonable and documented excess costs. occasionyd 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 10. 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:
Lee Thompson
Director of Public Works
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to OWNER shall be addressed as follows:
Martin Inderbitzen
Attorney at Law
707 Koll Center Parkway, Suite 120
Pleasanton, California 94566
and
The Lin Family
c/o James Tong
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4690 Chàbot Drive, Suite 100
Pleasanton, CA 94588
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.
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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 COU]1ty.
Section 11. 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 tract site 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, baniers, signs, and other safety devices. At the end of all work to be performed under
this Agreement, all fences, baniers, 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 ofthtJ.\Vor}( by the OWNER, and the entire site left clean and
orderly.
Section 12. Acceptance of Work and Associated Easements.
Upon notice of the cqmpletion of Phase I or Phase 2 of The Improvements and the
delivery of a set of final as-bunt mylar plans with electronic file to CITY by OWNER, CITY,
through its City Engineer or his or her designatedteprësentative, shall examine the work
without delay, and, if found to be in accordance with said plans and specifications and this
Agreement, shall reconunend acceptance of the work to the City Council and, upon such
acceptance, shall notify OWNER or its designated agents of such acceptance. Concurrently
with the notice of completion, OWNER shall dedicateto CITY any right of way and
maintenance easements çl~e!lled neces~ary 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. e~ement dedications shall be, in substantially the
form attached hereto as Exhibit B,
Section 13. Payment for Maintenance.
Prior to acceptance by the City Council of Phase 1 of The Improvements, OWNER
shall have made the $280,000 payment required by Section 18 of the Master Development
Agreement.
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Section 14. Patent and CopvrÜzht 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, OWNER shall be
Hable 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 15. Alterations in Plans and Specifications.
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Any alteration or alterationsmadç.il1 thy plans and specifications which are a part òf
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 ~d(:: 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 State of California.
Section 16. Liability.
a. OWNER Primarilv Liable. OWNER hereby warrants that the design
and construction of The Improvements will not adversely affect any
portion of adjacent properties and that all work will be perfonned in a
proper manner. OWNER agrees to indemnify, defend, release, and
save harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, ftom and against any and
a1110ss, 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 whichjtmay have by reason of the aforesaid hold
hannless 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 hannless 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 paragraph, regardless
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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
detennined 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
shall, upon order by the CITY, correct said design defect at its 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 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 shan also be entitled to
. recover its attorney's fees and costs in any action against OWNER's
smety on the bonds provided under Section 3.
Section 17. Right of Entry.
CITY gTants to OWNER a right of entry to enter upon the property within Northside
Drive (subject to the relocation of utilities in the right-of-way necessary to install the
improvements) 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
tenninate on upon acceptance of The hnprovements by the City. There shall be no payment
fOf the fight of entry. OWNER's obligation to indenmify, defend and hold CITY harmless,
as described in Section 18, shan be applicable to any acts or omissions of OWNER, its
contractoTs, subcontractors and agents, in connection with this fight of entry.
If construction of The Improvements requires an encroachment pennit from the
California Department of Transportation (CalTrans), OWNER shall be responsible fOf obtaining
said encroachment permit.
Improvement and Maintenance Agreement for
Box Culvert to Channel Drainage from Dublin Ranch
620726.1
Page 11 of 13
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Section 18. 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'sconsttuction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
Section 19. Fee Credits and Reimbursement.
A portion of the costs QfT4~ P,l1c.µ;,~J "þ:µprovements are supported by the Alameda
County Flood Control and Water Conservation District, Zone 7 ("Zone 7") flood control
system fee program. In particular, the Phase 1 facility is part of Special Drainage Area 7-1,
through which Zone 7 imposes fees on development to fund flood-control improvements
necessitated by such development. Zone 7 and the City are parties to an agreement, dated
~~, 2003, concerning the City and Zone Ts relative responsibilities with respect to The
Improvements e'the Reimbursement Agreement"). Under the Reimbursement Agreement
The Improvements will be maintained by the City and not be owned and maintained by Zone
7. In addition, pursuant to the Reimbqrsement Agreement, Zone 7 will provide the City with
reimbursement for.the. constructioI1 t?f'I:'1:IeJmprovements and for rights of way for The
Improvements and/or will provide certain exemptions from the drainage fees imposed by
Zone 7 Ordinance'No. 0-2002-24. Upon completion and acceptance of The Phase 1
Improvements, any rights to exemption and/or reimbursements that City may have or
acquire pursuant to the Reimbursement Agreement are hereby considered assigned to
OWNER. The City Manager is authorized to, and shall, perform such acts as are.. llecessary
to secure reimbursements and! or exemptions and to comply with the assignment provisions
in the Reimbursement Agreement.
Section 20. Relationship to Master Development Agreement
CITY agrees that The hnprovements satisfy the OWNER's obligation under Section 18 of
the Master Development Agreement.
Section 21. Recitals.
The foregoing ReCitals are ttue and correct and are made a part hereof.
Improvement and Maintenance Agreement for
Box Culvert to Channel Drainage from Dublin Ranch
620726,1
Page 12 of 13
....
\$. G1 2,8
IN WITNESS WHEREOF ~ the parties hereto have executecl this Agreement in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN:
OWNER:
\ ~ ~[o:'
~-o/ f-U/..-o~te: ?rf-ø~
Chang Sú~O-Lin
(also known as Jennifer Lin)
~ Date: 6-"-</)
(also known as Frederich or Frederic Lin)
~--./l~ate: C-13-"'3
HongYao~
(also known as Kevin Lin)
Date:
ATTEST:
B~ .8rulR ~ ~
Kay Keck, City Clerk '
Date:l~ { C\ jù~
j(~~ A/~ ç¿
Elizabeth H. Silver, City Attorney·
~
Martin W. Inderbl n
Attorney for Lin Family
Approved as to fonn:
Improvement and Maintenance Agreement for
Box Culvert to Channel Drainage from Dublin Ranch
620726.1
Page 13 of 13
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. RECORDING REQUESTED BY
First American Title Guaranty COmpany
. Order No. ...
. Escrow No.
EXHIBIT "B"
WHEN RECORDED MAIL TO:
City of Dublin
1 00 Civic Center
, Dublin, California 94568
SPACE ABOVE THIS UNE FOR RECORDER'S USE
SAME AS ABOVE
The undersigned grantor(s) -declare(s):
CI1Y TRANSFER TAX $0 '
DOCUMENTARY TRANSFER TAX $ 0"
SURVEY MONUMENT FEE $
computed on the consideration or value of property conveyed; OR
computed on the conslderetion or value IeSllI~n$ or encumb~
remaining at time of sale.
MAIL TAx STATEMENTS TO:
APN 985-09--15 and 985-27-01· (PORtiONS)
, EASEMENT GRANT DEED
FORA VALUABLE CONSIDERATION, receiþt ófwhich Is hereby·acknowledged,
Chang su-o Un, a married woman as her sole and separate property; Hong Yao Lln, a single mari, and
Hong Lien Un, a single man .
, hereby GRANT(S) to
. City of Dúblin, a municipal corporation-
the real property ih;the City of' Dublin
County of Alameda ' State of California, described as
" PARCEL A , '
A nori-exclusive easement for the construction, InStallation, operation, maintenance and repair of stonn drain facilities on, over, under and
across the herein described real property. The easement shall be subject to the rights of Grantor to Install any and all improvements; both
temporary and permanent within the easement, so long ,as grantots improvements do not interfere, with grantee's -use of the easement.
Grantee's access.on.0ver and along the surface of the easement need not be continuous but shall, at all times, provide access to the
entire length of the easement.
PARCELS
A non-exclusive temporary easement for ingress and egress for construction and maintena!1ce purposes on,over and across that portion
of the property described in the deed reco~ed in Series No. 85--150494 and herein desalbed. Said easement shall be subject to
termination and relocation at Grantots - dIscretion upon ninety (90) days notice. Said termination and 1'elocatlon shall be concurrent Bnd
sháll be consistent with the terms of this easement in oÎ'der to insure acCesS by Grantee to the easement for operation, maintenance ·repair
aiKt reconstruction of the storm drain faclllties_
FOR LEGAL DESCRIPTION AND PLAT SEE EXHIBIT "A" ATIACHED HERETO AND MADE A .PART
HEREOF
Dated: January 30. 2003
Chang Su-o Lin, by Hong Lien Un
her attorney in fact
Hong Yao Un
Hong ·Lien Un
_..1..\ I AA':!.4.. ')(I\,..IJ.vl_h \1,.,¡..IoI;"......<I..-'" "'""'"
f 8 ~ '-'&
11267-0'8
Page 1 of 11
01/29/03
EXHlBIT"B"
DESCRIPTION
PROPOSED DRAINAGE EASEMENT,
CHANG SU-O LIN PROPERTY'
TO BE CONVEYED TO
THE CITY OF DUBLIN
PARCEL A
A non-exclusive easement for the construction, installation, operation, maintenance and repair of
storm drain facilities on~ over, ~ndèr and across the belòw described real property.
"
Being a portion of .that certain parcel of land known as: '"Parcel 9" as shown upon that certain
fimilmap entitled: "Tract 7148" as filed on the 141h day of February, 2001 in Book 257 of maps,
, at pages 3~7, Official Records 'of Alameda COUllty, California, Lying 'and being in the City of
. Dublin, Alameda COWlty, Californi~ also being a portion' of Rancho Santa Rita, T~wnship 3
South, Range 1 East, Mount Diablo 'Meridian and being also a portion of the C~g Su-Q Lin
Property as shown and so designated on that certain rec~rd of survey Map No. 1005 (R.O.S.
#1005), filed in Book 16 of RecordS of Suryey at pages 37 to 51, being al~o a portion of that
certain parCel of land as described in the deed as recorded on July 31, 1985, in series No. 85~
150494 Alameda County Recorder's Office, State of California, described as follows:
Beginning at the most easterly tenninus of the South line of "Parcel 9" as shown on that certain
finahnap entitl~ "Tract 7148" as filed, on the 14th day of February, 2001 iri Book 257 of maps. ,
at pages 3-7, official records of A1amëda County, which bears North 88° 29' 24" West 819.02
feet from an angle point in said south line: '
TheIÍée along and coincident with said south line, along the arc of a nonRtangent curve to the
right having radius of 46.00 feet, ,whose radius point bears South 69° 27' 30" East from said
point, 170.59 feet through a centiai' angle of212Q 27' 59", to a point from, which radial line bears
North 36° 59' 31" West tó the center of said curv:c;
Thence continuing along . said south line;
North 87° 14' 04" East 134.16 feet; ,
South 88Q 29' 24" East 942.77 feet;
North 0113 30' 40" East 11.00 feet;
South 8813 29' 20", East 100.00 feet;
K:\LDD2i\projectS\l1267\surv<:y\LEGAL DESCRIPTIONS\Exhibit A description OI-29..{13.doc
,I" cYb'2.,8
,11267-08
Page 2 of 11
01/29/03
,South 01 ° 30' 40" West 11.00 feet;
South 88° 29' 24" East 38.06 fe"et to, the southeast comer of said "Parcel 9" and the southwest
comer of said"parcel described in series 85-150494, said point also being on the· north right of
way line of Interstate. Highway I-580 which is coincident with the South line of said parcel
:described in series 85-150494, thence along said South line; ,
South 88° 29' 04" East 418.99 feet~
South 89° 41' 38" East 1394.82 feet;
Thence al<::mg the an: of a tangent curve to the left having a radius of 950.11 feet, 547.32 feet thru
a central ang17 of 33 ó 00' 22"; .
Thence leaving said South line and entering said parcel described in Series 85-150494, along the
arc Qf a tangent curve to' the left, having 8: raciius of 423.82 feet, 243.87 feet thru a central angle
of 32° 58' 08" to a point of reverse curvature;
Thence along the arc of a tangent curVe to the right, having a radius of50,00 feet, 33.37 feet thru
a central angle of 38° 14' 26~
Thence North 62° ,34' 18" East 54.84 feet to a point o~ the westerly line of Fallon: Road as
de'scribed in the deed from Chang Su-o-Lin to the City of Dublin, recorded ,2003
under Series No. , official records of A,lameda County;
Then~ -along said westerly line North 00° 26' 33" East 43.46 feet;
Thence leaving saìd westerly line and entering said parcel described in Series 85-150494, .and
said "Parcel 9", the following courses;
. South 62034' 18" West 96.88 feet;
1;hencealong the arc of a tangent curve to the left having a radius of 75.00 feet, 48.60 feet thrn. a
central angle of 37° 07' 29" to a point of reverse curvature"hereiJ18fter referred to as "Point An;
Thence á10ng the arc of a tangent curve to the right having a radius of 374.92 feet, 363.70 feet
thru a central angle of 55° 34' 52";
Thence non-tangent from last said curve South 81° 13' 42" West 399.72 feet;
Thence North 890 45' 48" West 883.00 feet;
Thence North 77° 47' 14" West 51.11 feet;
Thence North 89° 17' 24" West 91.86 feet;
K:\LDD2i\proje.cts\11267\survey\LEGAL DESCRIPT(ONS~ìbit A description () l-29"{)3.doc
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11267-08
Page 3 of 11
01129/03
Thence South 87° 31' 17",West 50.20 feet~
Thence NQrth 8ßo 28' 29" West 334.10 feet;
Thence North 88° 29' 07" West 344.42 'feet;
Thence North.79° 12' 32" West 25.33 feet;
Thence North 88° 29' ,07" West943.50 feet;
Thence North 89° 55' 02" West 328.19 feet;
, Thence North 88° 2Q' 07" West 70.53 feet;
Thence North 76° 04' 40" West 5120 feet;
Thence North 88° 29' 07" West 106.00 feet;
Thence South 82Q 27' 44" .West 73.16feet;
Thence along the atc of a tangent curve to the left having a radius of 115.00 feet, 26.84 feet tbru
a cen1ral angle of 13° 22' 25" to tþ.e northerly right of way line of Northside Drive as described
in deed from Chang Su-o-Lin to the City of Dublin, recorded ,2003 unde!" Series No.
, official records of Alameda CQilllty; ,
Thence along and coincident with said Northside Drive right of way wong the arc ofa non-
tangent curve wthe right whose radius point bears South 39° 58' 04" West, having aradius of
52.00 feet, 42.43 feet thru a central angle of 46° 45' 11" to the north right of way line of North
Side Drive, coincident with the south line of said "Parcel 9"; ,
Thence along said south line, South 88°29'24" East 304.02 feet to said point of beginning;
Containing 331,665 sq.ft. or 7.6~ Acres, more or less.
Portion of APN 985-09-15 and 985-27-01
PARCEL B
, '
A non-exc1usive temporary easement for ingress and egress for construction and maintenance
purposes on, over and across that portion of the aforementioned real property described in the -
deed recorded in Series No. 85-150494 and described below.
Begirming at aforementioned "Point A", thence along the arc of a curve to the left whose radius
\
point bears North 64° 33' 11" West, having a radius of374.92 feet, 8.60 feet thru a central angle
of 01 0 18' 49";
K:\LDD2ilprojects\11267\survey\LEGAL DESCRIPTIONS\Exhìbit A description OI-29-03,doc
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11267-0.8
Page 4 of 11
01/29i03
Thence North 24° 08' 00" East 175.00 feet;
Thence along the arc of a tangent curve,tp the 'right; having a radius of75.00 feet, 62.39 feet thru
a central angle of 47° 39' 39" to a point on the westerly line of Fallon Road as desCribed in the
deed from Chang Su-o-Lin to the City of Dublin, recorded , 2003 under Series
No. ' . official records of Alam~a County;
Thence along said westerly line South 00° 26' 33" West 16.06 feet;
Thence leaving said west~r1y line and entering said parcel described in ~eries 85-150494, along
the arc of a non-tangent curve to the left whose radius point bears, South 23° QT' 00" Ea,st,
having a radius of 60.00 feet, 44.77 feet thru a central, angle of 420 45' 00";
Thence Soµth 24° 08' 00" West 140.16 feetto the,North line of Parcel A described above;
,
Thence along said north line along the a,rc of a non·tangent curve to the left whose radius point
bears South 280 50' 47" Eas4,haVing a radius of75.00 feet, 46.74 feet thru a centra1' angle of 35°
42' 24",to said point of beginning; ~ ,...
Containing"3,118 sq.ft. or 0.07 Acres, more or less...
Portion of APN 985-27.01 . f/' .
Prepared by
r No. 5412 (Exp. 9-30-04)
End of Description
Prepared By
The fum of
MACKAY & SOMPS
K:\LOD2ì\projects\11267\survey\LEGAL DESCRIPTIONS\Exhibit A description OI·29'()3.doc
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LENGTH BEARING
134.16 N87°14'04"E
328.19 N89°55'OZ"W
70.53 ' N8Sa29'071'W
51.20 N76·04·40"W.
106.00' N88"'29'0.7"W
73.16 N62"27' 44"E
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SHEET 5 OF
PLAT TO ACCOMPANY' DESCRIPTION
EXHIB1T:e'"
DRAINAGE EASEMENT
CHANG sÜ-O LIN PROPERTY
CITY OF DUBLIN
COUNTY Of ALAMEDA
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SHEET 6 OF
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EXHIErr ....
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LINE
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BEARING
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N88°29'20"W
N01&30' 40"
N88°29·24"W
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SHEET 7 OF
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b~AIN~:~W3I~¡IMENT
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CITY OF DUBLIN
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LINE
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38.06,
344.42
-25.33
CALIFOf
ROBERT c;HAN
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SHEET 8,·0
PLAT TO ACC-OMPANY DEScRIPTION
EXHIBIT".
DRAINAGE EASEMENT
CHANG Su-o UN PROPERTY
CITY OF DUBLIN
COUNTY OF ALAMEDA
CALI
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