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·
CITY CLERK
File , !l~lOIõl-l6lCJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 21. 2006
SUBJECT:
Approval of Improvement Agreement 'with the Lin Family and
Sierra Land Development Corporation for Central Parkway -
Lockhart Street to Fallon Road and Fallon Road - Central Parkway
to Bent Tree Drive.
Report Prepared by: Melissa Morron, Public Works Director
ATTACHMENTS:
I)
2)
LocationMap
Resolution approving Agreement, together with Exhibit "A",
Agreement
RECOMMENDATION:
Adopt resolution approving the Agreement with the Lin Family
and the Sierra Land Development Corporation for Central Parkway·
Lockhart Street to Fallon Road and Fallon Road - Central Parkway
to Bent Tree Drive.
~
Sierra Land Development Corporation is providing bonds in the
amounts of $310,000 (Bond No. 720007S, traffic signals) and
$1,300,000 (Bond No. 720006S, remaining improvements) to
guarantee construction of the improvements. Sierra Land
Development will also pay the cost of constrUCtion inspection. Once
improvements have been constructed and accepted, the City will
incur maintenance costs.
· FINANCIAL STATEMENT:
·
DESCRIPTION: As part of the infrastructure for Dublin Ranch, the Sierra Land
Development Corporation (for The Lin Family) has been constructing various roadway improvements
that serve the Dublin Ranch project. This Improvement Agreement with the Lin Family and the Sierra
Land Development Corporation is for constructing street improvements for Central Parkway - Lockhart
Street to Fallon Road, and for Fallon Road - Central Parkway to Bent Tree Drive. The Central Parkway
improvements include all median curbs, the northern frontage curb & gutter, full westbound pavement,
one lane of eastbound pavement, storm drainage, sanitary sewer, water, joint trench and street lighting
improvements. The improvements include the traffic signals at Lockhart Street and Fallon Road. The
Improvements do not include landscaping, walkways and southern frontage improvements. The Fallon
Road improvements include southbound frontage improvements including curb & gutter with a 20-foot
width of pavement, storm drainage and street lighting improvements. The improvements include'
modifications to the traffic signal and street improvements at the Bent Tree Drive intersection. The
____~__~___~~_~_________.w~______.___.~__._.___~~w____-_~______.
COPIES TO: Marty Inderbitzen, Lin's Attorney
James Tong, Sierra Land Development
.106'- ITEM NO.J::t. ?O
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improvements do not include landscaping, walkways, median curbs and any permanent northbound
improvements other than those at the Bent Tree Drive intersection. The improvements include restriping,
signage and temporary pavement conforms for the existing roadway to be one lane of northbound travel.
This Improvement Agreement completes the Lin's obligation for Park frontage improvements contained
in the Agreement Regarding Proposed Community Park in Dublin Ranch dated March 15,2005. This ..
Improvement Agreement will also satisfy the Lin's obligation for Fallon Road improvements in the _
Improvement Agreement and Right of Entry Agreement for Fallon Road Improvements to Satisfy Certain
Conditions of Approval of Vesting Master Tentative Map 7135, dated March 19, 2002.
The Improvement Agreement describes the improvements to be constructed, requires bonding and
insurance, and requires that right-of-way be dedicated to the City prior to the City's acceptance of the
improvements. The Sierra Land Development Corporation has provided the required surety in two
separate bonds to facilitate the possible acceptance of the Central Parkway traffic signals at a different
time than the other improvements. The improvement plans have been reviewed by City Staff.
Staff therefore recommends that the City Council adopt the resolution approving the Agreement with the
Lin Family and the Sierra Land Development Corporation for Central Parkway - Lockhart Street to Fallon
Road and Fallon Road - Central Parkway to Bent Tree Drive.
e
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Page 2 ~ "2-
Location Map
Attachment 1
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May, 2005
1 Inch equals 700 feet
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
.
APPROVING THE IMPROVEMENT AGREEMENT WITH THE LIN FAMILY
AND THE SIERRA LAND DEVELOPMENT CORPORATION FOR
CENTRAL PARKWAY - LOCKHART STREET TO FALLON ROAD AND
FALLON ROAD - CENTRAL PARKWAY TO BENT TREE DRIVE
WHEREAS, the Lin Family and the Sierra Land Development Corporation, the developers of
Dublin Ranch, intend to construct c:ertain roadway improvements to serve Dublin Ranch; and
WHEREAS, the Lin Family and the Sierra Land Development Corporation have executed and
filed with the City of Dublin an Improvement Agreement to install said roadway improvements for
Central Parkway - Lockhart Street to Fallon Road and Fallon Road - Central Parkway to Bent Tree Drive
in accordance with approved improvement plans; and
WHEREAS, said Improvement Agreement is secured by bonds furnished by Developers Surety
and Indemnity Company in the amount of $ 310,000 (Bond No. 7200078) for the Central Parkway traffic
signals and $1,300,000 (Bond No. 7200068) for the remaining improvements, conditioned upon faithful
perfonnance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by bonds fumished by Developers Surety and .
Indemnity Company in the amount of $ 310,000 (Bond No. 720007S) for the Central Parkway traffic signals
and $1,300,000 (Bond No. 720006S) for the remaining improvements, conditioned upon payment for labor
performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Improvement Agreement, attached hereto
as Exhibit "A", is he-reby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute said Improvement Agreement.
PASSED, APPROVED AND ADOPTED this 21st day ofJune, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
.
City Clerk
g:ltIovoIopltlubhn"",chlinfi'a'trncture'<entr3¡·fan( ATTACBMI'T 2.
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·
EXHIBIT" A" TO RESOLUTION NO. ~ OS
~ROVEMENTAGREEMENT
CENTRAL P ARKW A Y - LOCKHART STREET TO FALLON ROAD AND
FALLON ROAD - CENTRAL PARKWAY TO BENT TREE DRIVE
This agreement is made and entered into this 21st day of June, 2005, by and between the CITY of
Dublin, a municipal corporation, hereinafter referred to aB "CITY", and Chang Su-O-Lin (also known as
Jennifer 1In), Hong Lien Lin (also knO\Vll as Frederic or Frederich 1In) and Hong Yao Lin (also knO\Vll as
Kevin Lin) ("the Lins''), and Sierra Land Development Corporation, a California Corporation ("Sierra
Land") (the Lil1£ and Sierra Land are hereinafter referred to collectively as "OWNER").
RECIT ALS
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 lega] entity
controlled by the Lins that the Lins propose to use to COl1£truct the improvements;
WHEREAS, it haB 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 hnprovements"):
Central Parkway between Lockhart Street and Fallon Road, including all median curbs, the
northern frontage curb & gutter, full westbound pavement & one lane of eaBtbound pavement,
storm drainage, sanitary sewer, water, joint trench and street lighting improvements. The
hnprovements include the traffic signal at Lockhart Street and Fallon Road. The Improvements
do not include landscaping, walkways and southern frontage improvements.
Fallon Road between Centra] Parkway and Bent Tree Drive southbound frontage
improvements including curb & gutter with 20-foot width of pavement, stonn drainage and
street lighting improvements. The hnprovements include modifications to the traffic signal and
street improvements at the Bent Tree Drive intersection. The Improvements do not include
landscaping, walkways, median curbs and any permanent northbound improvements other than
those at the Bent Tree Drive intersection. The Improvements include restriping, signage and
temporary conform pavements for the existing roadway to be one lane of northbound travel.
The hnprovements shan 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 aB though set forth at length herein;
·
. Improvement Plans, Dublin Ranch, Central Parkway ~ Lockhart Street to Fallon Road and
Fallon Road- Central Parkway to Bent Tree Drive prepared by MacKay & Somps, signed
by the City Engineer on June _,2005 and consisting of 14 sheets.
. Traffic Signal Improvements at Central Parkway & Lockhart Street, Central Parkway &
IMPROVEMENT AGREEMENT
Central Parkway- Lockhart St 1.0 Fallon R.d ß.t'I.d Fallon Rd - Central Parkway to Bent Tree Dr
EXHIBIT A.
~~\'-
. Joint Trench Composite & Street Lighting Plan, Central Parkway - Lockhart Street to
Fallon Road and Fallon Road- Central Parkway 10 Bent Tree Drive prepared by RGA
Utility Consulta,nts.
.
WHEREAS, OWNER in,tends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offur(s) of dedication of right-of-way and The
Improvements in consideration for OWNER's satisfactory performance ofthe terms and conditions ofthis
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 The Improvements.
WHEREAS, the Lins and CITY have previously entered into an Improvement Agreement and
Right of Entry Agreement for Fallon Road Improvements to SatW» Certain Conditions of Approval of
Vesting Master Tentative Map 7135, dated March 19, 2002, which agreement contains certain conditions
regarding the construction of a portion of Fallon Road included in The Improvements.
WHEREAS, CITY has determined that The Improvements are a public works subject to California
prevailing wa~e requirements;
NOW, THEREFORE, in consideration ofthe mutual promises, conditions and covenants herein
contained, the parties agree as follows:
Section I.
Coll] Jletion Time.
.
OWNER will commence conStruction of The Improvements within ninety days following the date
on which CITY executes this Agreement. OWNER sba1l 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 ofImnrovements.
For purposes ofthis Agreement, the estimated cost of constructing The Improvements is agreed to
be $ 1,610,000. Said amounts include costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
Section 3.
Bonds Furnished.
Concurrently with the execution of this Agreement, OWNER (either the Lins or Sierra Land) shall
furnish CITY with the following security in a form satisfactory to the CITY Attorney:
a. Faithful Perfurmance. 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 Section 2 and sufficient to assure CITY that The Improvements will be satisfactorily .
completed.
IMPROVEMENT AGREEMENT
Con"," Parkway- L<>cklwt St to FaUc. Rd and FaUoo Rd· C<nttal Parkway to BeIIt T... Dr
Page 2 of,,»
5- [Yb \ 1-.
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 Section 2 and sufficient to assure CITY that O'WNER'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 shal1 conform to the provisions of Chapter 5 ofthc Subdivision Map
Act.
Section 4.
Fallon.Road Agreement.
An agreement between the Lins and CITY entitled "Improvement Agreement and Right of Entry
For Fallon Road Improvements To Satisfy Certain Conditions Of Approval Of Vesting Master Tentative
Map 7135" ("Fallon Road Agreement") dated February 6, 2001 also requires the Lins to complete a
portion of The Improvements. Upon the execution oftbis Agreement and the provision of the security
required by section 3, the Lins shall be deemed to have satisfied their obligations under the Fallon Road
Agreement.
Section 5.
Insurance Reauired.
Prior to commencing construction of the improvements, OWNER sba1l obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall
.ve 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, O'WNER's general contractor sba1l
obtain or cause to be obtaip.ed 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. OWNER shall not allow any contractor or subcontractor to
conunence 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 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 ofthe insurance policies or as
endorsements and shall specifically bind the insurance carrier.
a. Minimum ScoDe ofInsurance. Coverage shall be at least as broad as:
(i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
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 CG 0001.)
(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.
IMPROVEMENT AGREEMENT
Central Parkway- Lockhart St,tQ Fallon Rd. and FaDon Rd· Ceutl1l1 'Park\:vBy to Bent Trœ Dr
l'al!' 3 of~H,
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b.
Minimum Limits of Insurance. OWNER shall maintain linùts no less than:
(i) Gellera1 Liability: $1,000,000 combined single limit pet' occurrence for
bodily injury, personal injury and property damage. If commeFCial General
Liability Insurance or other fomwith a general aggregate limit is used,
either the general aggregate Iinùt sha1l apply separat(jly to this
projectllocation or the general aggregate !imit shall be twice the required
occurrence Iinùt.
.
(li) Automobile Liabilitv: $1,000,000 combined single!imit per accident for
bodily injury and property damage.
(ill) Workers' Comoe"""tion and Emolovers Liabilitv: 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. Any deductibles or self·insured
retentions must be declared to and approved by the CITY. At the option of the
CITY, either the insurer sha1l reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officiaL~ and employees; or the
OWNER sha1l 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, agunts, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising out
of activities perJbrmed 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 covet'age sha1l 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 sha1l be excess of the OWNER's
insurance and shall not contribute with it.
(c) Any :fàilure to comply with reporting provisions of the policies sha1l
not affect coverage provided to the CITY, its officers, officials, .
employees or volunteers.
IMPROVEMENT AGREEMENT
C'""", Pat~y- L<>cIchort St'" Follon R<I and Folino R<I " Con""¡ ParItMIy to Bent Tree Dr
Pa8" 4 of,!/->
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(d)
The OWNER's insurance shal1 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' Comoensation ~nd Enmloyers Liability Coveraue. 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.
(ill) All Coveraues.
Each insurance policy required by this clause shal1 be endorsed to state that
coverage shall not be suspended, voided, canceUed 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 ofCovera¡,¡e. 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 and/or OWNER's general contractor shalÌ
include all subcontractors as insureds under its policies or shall obtain
separate certificates and endorsemeµts for each sub¡:ontractor. All
cpverages for subcontractors shal1 be subject to all of the
requirements stated herein..
Section 6.
Work Perf01'11"~n"'e 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 oftbe entire work by CITY. OWNER shall repair or replace aüy 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
¡a¡rove defective in workmanship or material within said one-year guarantee period without expense or
WCharge of any nature whatsOever to CITY. OWNER further covenants and agrees that when defects in
design, workmanship and materials actua1ly appear during the one-year guarantee period, and have been
IMPROVEMENT AGREEMENT
Central ParÞw.y& Lockban at to Fallon R.d and Fal .Qn Rd ~ Ccntml Parkway to Bent Tn:c Dr
POl!" 5 of~-H-
<SUOI:::"
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 performance thereofwithin
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, fur the account and at
the expense of OWNER and OWNER's surety shall be liable to CITY fur any damages and/or reasonable
and documented excess costs occasioned by CITY thereby; and. in such event, CITY, without liability fur
so doing, may take possession of; and utilize in completing the work, such måterials, 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 herem 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 Lanper, City Engineer
City ofDublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to OWNER shall be addressed as fullows:
Martin Inderbitzen
Attorney at Law
7077 Koll Center Plaza, #120
Pleasanton, California 94566
.
and
The Lin Family
c/o James Tong
4690 Chabot Drive, Suite 100Pleasanton, CA 94588
Notices required to be given surety of OWNER sha1l 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.
Section 11. Safety Devices.
.
IMPROVEMENT AGREEMENT
C-.I riuÞmy- Lockban St 10 Fallo" Rd .od F.llon Rd· C_.l Pa-.oy 10 II"'" T... Dr
rag< 7 of 1M
qó{)/ d-
_ . OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs,
~g lights, and other safety devices adjacent to and on the site of The Improvements as may be
necessary to prevent accÜj.ents to the public and damage to the property. OWNER shall furnish, place, and
maintain such lights as may be necessary for ilhuninating 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 /rom site of the work by the OWNER, and the entire site
left clean and orderly.
Section 12. Accentance of Work and Easement.
Upon notice of the completion of The lwprovements and the delivery of a set of final ás-built my Jar
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 fuund to be in accordance with said plans artd
specifications and this Agreement, shall recommend acceptance of the 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 dedications shall be Parcels 14 and 17 as shown on the Final Map of
Tract 7281 filed September 3, 2004, Map Book 277, Pages 82·85, Alameda County Records.
e Section 13. Patent and CopYright 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 liable for, and shall indemnifY
CITY from any rees, 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 SDecifications.
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 hereby waive the provisions of Section 2819 of the Civil Code of the
State of California.
Section 15. Liabilitv.
a.
OWNER Primarilv Liable. OWNER hereby warrants that the design and
construction of The Improvements will be performed in a proper manner. OWNER
agrees to indemnifY, defend, release, and save harnùess 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
.
IMI'R.OVEMENT AGREEMENT
c-..¡ Parl<way·u.okhIu1 St to !::!' _ Rd and Fallon Rd· c.....¡ Parkw1Iy to Bart T... Dr
Pa.. 8 <If!<- ,
IOìJöl2-
or omission of OWNER, its employees, agents, or independent contractors in
connection with OWNER'S actions and obligations hereunder; provided ¡¡g follows:
(i) That CITY does not, and shall not, waive any rights against OWNER which
it may have by reason of the aforesaid hold hannless ¡igreement, because of
the acceptance by CITY, or the deposit with CITY by OWNER, of any of
the insurance policies described in Section 5 hereof.
e
(ü) That the afuresaid hold harmless agreerp.ent 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 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 policilffi sha!l 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 ofhnprovements becomes apparent
during the course of consttuction, or within one (1) year fullowing 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 FaithfulPerformance and Labor and
Materials Bonds shall be liable to the CITY for the corrective work required.
e
c. titillation Exoenses. In the event that legal action is instituted by either party to this
Agreement, and said action seeks damages fur 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 OWNER's surety on the
bonds provided under Section 3.
Section 16. Right of Entrv.
CITY grants to OWNER a right of entry to enter upon the property within Fallon Road and Central
Parkway with such personnel, equipment, machinery, vehicles and materials as tru!-y 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
byilie 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.
.
IMPROVEMENT AGREEMENT
Ceotml Porlt'My- LockIIart St to P.lIou I<.d.... Fallou R4 . Centra! Parl<way to Bent T"" Dr
Pq<>90f2-\-J,
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Section 17. Indemnification and Waiver.
OWNER shall defend CITY,.its officers, employees and officials, against any claims or actions
(including declaratory or irÿunctive relief) eoncerning OWNER's construction of The Improvements on
OWNER's property and shall indemnny and hold CITY harmless ftom any damages, charges, fees or
penalties that may be awarded or imposed against CITYand/or OWNER in conneetion with, or on
account of; OWNER's construction of The Improvements and/or CITY's failure to enfurce or comply with
any applicable laws.
Section 18. Credits.
CITY shall provide a credit to OWNER for dedication of any right -of-way needed for The
Improvements if such right-of-way is needed for improvements described in the Eastern Dublin Traffic
Impact Fee.
CITY shall provide a credit to OWNER for construction of The Improvements if such
irnproven1ents are described in the Eastern Dublin. Traffic Impact Fee and if such improvements are
constructed in their Ultimate location.
All aspects of the above credits sha1I be govetned by the City's Administrative Guidelines. The
amount of the credits shall be identified in a Credit Agreement between the CITY and OWNER.
In the event of a conflict between this section 18, and the provisions of section 4 of the Community
Park Agreement, the provisions ofsection 4 of the Community Park i\ireement shall control.
Section 19. Recitals.
The foregoing Recitals are true and correotand are made a part hereof
[EXECUTION PAGE FOLLOWS)
!MI'ROVEMENT AGREEMENT
Central Parkway- Locldœrt St ro Ji'aUQn Rd and Flitl,Qn. R.Q - Climtral Pa:kway to Bent Tree Dr
Pagj 10 oflO.w.
J Z. '1;J n-
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:
OWNER
By:
Janet Lockhart, Mayor
THELINS:
ATTEST:
r"....¿~ .£~&4if~ate: 6~G'" v..-
Chang u-O-Lin (also own w; ennifer Lin)
¿;..,- ~ -/ln~~/H:-Þ "Qo/"
~" Æ<rkf' ,/ø~ Date:¡Ç- ("- <? r
H Lien Lin (a)sd known as rederich or Frederic Lin)
ði'P ~ ~.--",¡:-"" ~
Date:
By:
Kay Keck, City Clerk
Date:
~~~.,..( 4v~ ~. Date: Á - ,$ - '" ,-
Yao Lin (¡iJso known as Kevin Lin)
Cb a:.. -#4-'p '£(...- AU¡D
Approved as to Form:
~¡J Attorney ~r LinFamily
·
Approved as to Form:
Elizabeth H. Silver, City Attorney
Date: 6'-6 - k>=i.-
LAND DEVELOPMENT CORPORATION
, Secretary
·
IMPROVEMENT AGREEMENT
Cemr.1 'Parkway- L001l:M:rt s¡ to FallDJi Rd and. Falloo .Rd - CentI'a.l ParkV¥'ay to BCDt Tree Dr
Pall" II ofllH