HomeMy WebLinkAbout4.05 TriadDublinGateway
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AGENDA STATEMENT y.., (ØOO...¡oc)
CITY COUNCIL MEETING DATE: August 2,2005 'Á (,'1 Ð - qÇ'
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Approval of Parcel Map 8524 and Improvement Agreement; and
Quitclaim of Abutter's Rights onto Tassajara Road
(Triad Dublin Gateway, L. P.)
Report Prepared by: Mark Lander, City Engineer
SUBJECT:
ATTACHMENTS:
· RECOMMENDATION: ~l)
'S;R 2)
D 3)
FINANCIAL STATEMENT:
1)
2)
3)
Resolution Approving Parcel Map 8524, together with
Exhibit "A", Improvement Agreement
Reduced copy of Parcel Map 8524
Resolution Approving the Quitclaim of Abutter's Rights
onto Tassajara Road to Triad Dublin Gateway, L. P., together
with Exhibit "A", Quitclaim Deed
Resolution Approving the Quitclaim of Abutter's Rights
onto Tassajara Road to Bit Holdings Fifty-Six, Inc., together
with Exhibit "A", Quitclaim Deed
4)
Adopt resolution approving Parcel Map 8524 and
Improvement Agreement.
Adopt resolution approving the quitclaim of abutter's rights
onto Tassajara Road to Triad Dublin Gateway, L. P.
Adopt resolution approving the quitclaim of abutter's rights
onto Tassajara Road to Bit Holdings Fifty-Six, Inc.
Triad Dublin Gateway, L. P. has provided a Performance Bond and a
Labor and Materials Bond in the total amount of $86,520.00 (Triad
Dublin Gateway, L. P. East-West Bank Check No. 1005), to
guarantee construction of improvements, and will pay the cost of
associated construction inspection. No new public improvements are
proposed under this parcel. map. The City will incur no new
maintenance costs.
DESCRIPTION: Triad Dublin Gateway, L. P. is seeking City Council approval of
Parcel Map 8524. Parcel Map 8524 subdivides an existing lot into four parcels and is located at the
southwest comer of Dublin Boulevard and Tassajara Road in the Koll Dublin Development Center site.
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COPIES TO: Daniel Matula, Traid Dublin Gateway, L.P.
1 Db 7/ ITEM NO.g .S
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The Dublin Gateway Medical Center, which will be constructed in two phases, and a four-story parking
garage. are proposed at the vacant site.
An Improvement Agreement, guaranteed by a Performance Bond and a Labor and Materials Bond, has
been executed by Triad Dublin Gateway, L. P. to assure that all required improvements are installed to the
City's satisfaction. The Parcel Map has been reviewed by Staff and found to be in conformance with the
Vesting Tentative Map and Conditions of Approval as approved by the Community Development Director
via Resolution No. 05-01 in February 2005. Aspects of the map were also reviewed by the Dublin San
Ramon Services. District and Alameda County Fire Department for conformance with each agency's
requirements. Triad Dublin Gateway, L. P. has submitted the required inspection deposit and insurance
certificates.
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In addition, Triad Dublin Gateway, L. P. (for the medical center,) together with Bit Holdings Fifty-Six Inc.
(current owner of the Koll Center), is also seeking City Council approval for quitclaims of abutter's rights
of access onto Tassajara Road for the existing private street "Koll Center Drive" in the Koll Dublin
Development Center site. The City currently owns the abutter's rights on Tassajara Road, which precludes
any access by abutting properties. Quitclaim of these abutter's rights of access to the owners of the
medical center and Koll CentE:r will make it possible for these properties to have legal access to Tassajara
Road fÌ'om "Koll Center Drive", a private drive. However, the City will retain its ability in the future,
through exercise of its police power, to determine that access should be closed, if necessary.
Staff recommends that the City Council 1) adopt the resolution approving Parcel Map 8524 and
Improvement Agreement, 2) adopt the resolution approving the quitclaim of abutter's rights onto
Tassajara Road to Triad Dublin Gateway, L.P., and 3) adopt the resolution approving the quitolaim of
abutter's rights onto Tassajara Road to Bit Holdings Fifty-Six Inc.
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RESOLUTION NO. - 05
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING PARCEL MAP 8524 AND IMPROVEMENT AGREEMENT
(TRIAD DUBLIN GATEWAY, L. P.)
WHEREAS, Parcel Map 8524, in the incorporated territory of the City of Dublin, State of Cali fomi a,
has been presented to this City Council for approval, all in accordance with provisions of the Subdivision Map
Act of the State of California and the City of Dublin Municipal Code; and
WHEREAS, the City of Dublin Planning Commission adopted Resolution No. 05~06 on January 25,
2005, approving Site Development Review (PA 04~046), and the City of Dublin Community Development
Director adopted Resolution No. 05-01 on February 28,2005 (PA 04-046), subject to Conditions of Approval
regarding required on-site/off-site improvements; and
WHEREAS, Triad Dublin Gateway, 1. P., has executed and filed with the City of Dublin an
Improvement Agreement to install on-site improvements within said Parcel Map in accordance with the
Community Development Director Resolution, and in confonnance with the improvement plans and the
specifications attached thereto; and
WHEREAS, said Improvement Agreement is secured by a cash security bond in the amount of
$86,520.00 (East-West Bank Check No. 1005) issued by Triad Dublin Gateway, 1. P., conditioned upon
faithful perfonnance of said Agreement; and
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WHEREAS, said Improvement Agreement is secured by a cash security bond in the amount of
$86,520.00 (East-West Bank Check No. 1005) issued by Triad Dublin Gateway, L. P., conditioned upon
payment for labor perfonned or material furnished under the tenns of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said 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 in duplicate, attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that Parcel Map 8524 is hereby approved; and that rights to
easements marked as Emergency Vehicle Access Easement (E.V.A.E.), offered for dedication to the public in
confonnity with the terms of dedication, are hereby accepted subject to improvement; and that the Clerk of
this City Council is hereby directed to transmit said map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 2nd day of August, 2005.
AYES:
NOES:
ABSENT:
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ABSTAIN:
Mayor
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ATTEST:
City Clerk
2Þb 2/P
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
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IMPROVEMENTS FOR PARCEL MAP 8524
(TRIAD DUBLIN GATEWAY, L.P., A CALIFORNIA LIMITED PARTNERSHIP)
This agreement ìs made and entered into this 2nd day of August, 2005, by and between
the CITY of Dublin, a municipal corporation. hereinafter referred to as "CITY", and Triad Dublin
Gateway, L.P., a California Limited Partnership (hereinafter referred to as "DEVELOPER").
RECITALS
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain public
improvements (hereafter 'The Improvements") shown on Parcel Map 8524, in accordance with
the requirements and conditions set forth within the City of Dublin Community Development
Director Resolution No. 05-01 (PA 04-046), adopted on February 28, 2005; 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 July 26, 2005. as follows:
. "Off-Site Imorovement Plan Sheet of Gradino and Improvement Plans for Dublin
Gatewav Medical Center. Dublin. California" (1 Sheet). prepared by JMH Weiss, Inc. .
Said plans are now on file In the office of the Public Works DirectorlAssistant 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, CITY and DEVELOPER have not determined whether The Improvements
are a public works project subject to California prevailing wage requirements;
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 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 shall complete such Improvements no later than three years following
execution of this agreement or not later than August 3, 2008. Upon completion, DEVELOPER
IMPROVEMENT AGREEMENT
G:\DEVELOPIDublln Gateway Madical Canterllrnprovement AgreernenCPM 8524.DOC
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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.
For purposes of this Agreement, the estimated cost of constructing The Improvements is
agreed to be Eighty-Six Thousand Five Hundred Twenty and 00/100 Dollars ($86,520.00).
Said amounts include costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
Section 3. Bonds Furnished.
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Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with
the following security in a form satisfactory to the CITY Attorney:
a. Faithful Performance. and 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 estimate set forth in Section 2 so as to assure
CITY that The Improvements will be satisfactorily completed and 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 of the
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 Section, 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.
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IMPROVEMENT AGREEMENT
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a.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
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(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.
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 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 Liabilitv: $1,000,000 combined single limit per accident
for bodily injury and property damage.
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(iil) Workers' Compensation and Emplovers Liabilitv: 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 Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of
the CITY, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the CITY, its officers, officials and
employees; or the DEVELOPER shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and
defense expenses.
b. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
(i) General Liabilitv and Automobile Liabilitv CoveraQes. .
(a)
The CITY, its officers, agents, officials, employees and
volunteers shall be named as additional insureds as respects:
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IMPROVEMENT AGREEMENT
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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 the DEVELOPER. 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 DEVELOPER'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 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 Emalovers 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.
(iii) 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 Best's rating of no less than A:VII.
(b) Verification of Coveraqe. DEVELOPER 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
IMPROVEMENT AGREEMENT
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Mey 4. 2005
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CITY reserves the right to require complete, certified copies of
all required insurance policies, at any time.
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(c) Subcontractors. DEVELOPER and/or DEVELOPER's
general contractor shall include all subcontractors as insureds
under its policies or shall obtain separate certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements
stated herein.
Section 5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, 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 the work pursuant to the Agreement, to be free of all
defects of workmanship and materials for a period of one (1) year after acceptance of the entire
work by CITY. 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 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.
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In the event the DEVELOPER shall fall 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, pursuant to the preceding paragraph, 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.
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IMPROVEMENT AGREEMENT
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Section 6. InsDection of the Work.
DEVELOPER shall provide 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 of 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
Engineer, which consent shall not be unreasonably withheld. CITY hereby consents to
DEVELOPER assigning this Agreement to the entity, controlled by DEVELOPER, that actually
acquires the project that is the subject of this Agreement.
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 if 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.
IMPROVEMENT AGREEMENT
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Section 9. Notices
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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:
Joseph D. Carroll, President
Triad Dublin Gateway, L.P., a California Limited Partnership
8001 Irvine Center Drive, Suite 1000
Irvine, CA 92618
Notices required to be given surety of DEVELOPER shall be addressed as follows:
,
Company Name: Not applicable - cash deposit in lieu of bond
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Attention:
Street Address:
City:
, State:
Zip Code:
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 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.
IMPROVEMENT AGREEMENT
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Section 11. Safetv 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 darnage to the
property. DEVELOPER shall furnish, place, and rnaintain 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 and Dedication of Work.
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 DEVELOPER, CITY, through its City Engineer or
designated representative, shall examine the work without delay, and, ¡Hound 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.
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Upon the City Council's acceptance of The Improvements, CITY shall accept all of
The Improvements by separate instrument and DEVELOPER shall dedicate to CITY by
separate instrument any of The Improvements that are on public land or in the public right~
of-way.
Section 13. Patent and Copvriaht 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 Soecifications.
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.
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a.
DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will be performed in a proper
IMPROVEMENT AGREEMENT
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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 (collectively, "Claims"), 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, which acts or omissions occur during the period
commencing upon the commencement of construction of The
Improvements and ending upon DEVELOPER'S dedication and CITY'S
acceptance of The Improvements (the "Indemnity Period"); provided as
follows:
(i) That CITY does not, and shall not, waive any rights against
DEVELOPER which may have arisen during the Indemnity Period 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 Section 3 hereof.
(Ii) That the aforesaid hold harmless agreement by DEVELOPER 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 policies shall have been determined to be applicable
to any of such damages or claims for damages.
b. Desion 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 OWNER's 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. Litioation 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.
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IMPROVEMENT AGREEMENT
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Section 16. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
Section 17. Prevailinq Waqes.
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If it is determined that prevailing wage requirements apply to all or any portion of The
Improvements, DEVELOPER has failed to comply with such requirements, and CiTY is called
upon to pay any additional wages or other amounts to any iaborer to comply with such
requirements, CITY shall notify DEVELOPER in writing and DEVELOPER shall pay the
amounts that the CITY is required to pay under such requirements or otherwise settle such
matter to the reasonable satisfaction of CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
DEVELOPER:
Triad Dublin Gateway, L.P., a California Limited
Partnership fJ '
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Typed or Printed Name
CITY:
CITY OF DUBLIN
By:
Janet Lockhart. Mayor
Date:
ATTEST:
,Sp..'),ur V,'(~ fr-J ,'j;,,, 1-
Title
By:
K.ay Keck, City Clerk
Date:
""TJ" 'L Á 3 ;Z (¡ O....r
Date "
IMPROVEMENT AGREEMENT
G:\DEVELOPlDublln Gateway Medical Center\lmprovernent Agreement_PM 8524.DOC
f",d",r
Page 10 of 10
May 4. 2005
I?. '1J 2(..1
CALIFORNIA ALL· PURPOSE ACKNOWLEDGMENT
·
State of Call1ornia
County 01 ()ra.f\~e....
On "1Ul\t 2~J 2DDS . before me,
D.~
personally appeared Ri (','rvlrd 1"'.
} ss,
d~IIll\!II ofOlfi[ r (!!I. ,,"Jlkl't& Dc&, NoI!Ity.
N.e e Clf1ì
Niltne(~)c.fS~ner(/r.)
.øPersonally known to me
o proved to me on the basis of satisfactory
evidence
o
KRISTI PRESTON ~
COMM, #13:!9~gl¡ ..-
NOTARY PUBLIC - CALIFORNIA 0
ORANGE COUNT'<' -
My COmm, E,J<pirMi Jar.. 13. zOO{¡ ~
to be the person(s) whoså name(s) is/are
subséribed to the' within instrument and
acknowledged to me that he/she/they exeouted
the sarna in his/har/their authorized
capaClty(ies), and that by hls/her/thair
aignature(s) on tha instrument the parson(s). or
the antity upon bahaif 01 which tha person(s)
acted. exacUlad the instrument.
Iñ
UJ
!IJ
WITNESS my hand and offioial seal.
~~i
- rJ~çt::::;-;:ll~
·
OPTIONAL
Thf;Jugh the informatiQf1 b~/Ç)W Is not feQlI/red by law. It may proV6 vallJabJ~ to pBrsDf S relying Dn the dDcument Bm;J çD{.Jld p~....ent
frsut;iulent ffilmç¡val anr;i f9/iilttschment of this ftJrttI to anothet drx;u/'nsnt.
Description of Attached Document
Titie or Typa of Document: tit~ oP bu'o\ìr\\mprDlrtmeo-l- Asr.ee.merrt
Document Date: JUC'lt 2" 2ðCfS NumberolPagas: \0
Signer(s) Othar Than Named Above:
Capaclty{ies) Glaimed by Signer
Signer's Name: _R ì Ó\l1rd -r. ~.e td t\tlC'f\
o Individual
o Corporete Officer - iltle(s):
o Partner - 0 Limited LJ General
o Attomey·in·Fam
D Trustea
D Guardian or Conservator
o Other:
TOD of thumb hate
Signer Is Representing:
o 19B9 NaIIðl'H!ll NDIaI'y A&~tJ!1I1 . 9380 Da Seta IWfJ., ~.O. Box 24D2' C;hlritswr;¡rth, ¢A 1~1:;1."402' WWW.~[]ßII~ry.Drg
Prod. No. Met
Flellrdllr: i::mlIToIl-Fre" 1.øoo.t,"/'I!--&a2'7
·
Dublin Gateway
.Medlcal CentEir
No. Description
1 Modified MedIan Curb
2 Modified Curb Radius
S$idewafk (Including new ramps)
4. AC Pavlng,(lno!udlng2 new Driveways) .
5 Off,Site Landscape (Plåntlng)
6 Decorative Concrete
7 Striping (YelJow Strtpeon KolI Center & X-walks).
(& Arrows and Pad )(Jng Legend) . ,
8 New HC Ramps (Sid Datall CD-109)' . .
Remove & Replace In EXisting S/W
9 R26F Signs (& AssemblY)
10 W54A: Pad X-Ing Sign (& AssemblY)
11 15% Contingencies
(
·
NOTES:
Off.slte .Improvement
Cost Estlmm .
. QUantity Cost
210 If !P15/lf
50 It' $15/Jf
4300 sq. ft. $5/sq. ft,
1600 sq. ft: $2.50/6Q, ft.
gOOD sq, ft. $3.00/sq. ft.'
6926Q. ft. ,$7.50/6Q. fl"
1 LS $1 ,ZOO ,
6 ramps
4 Signs
2 Signs
$ZOOO/unlt
$69/unlt
$84/unlt
I ~.~ ì..Lt .
d!¡,fH-Welss, Inc.
. Job #4387
Total
$3; 150.00
'$750.00
. $21,500.00
$4,000.00
$27,000.00
$5,190.00
$1,200.00
$12,000.00
$276.00
. $168.00
$11,285,10
,
$86,519,101
1 . Thl. os'dmata I. propared a. ~ guide only snn la 'Ub)50\ to poa.lbl. chang.. It "a. b~.n pcooareó
I>:> ° "tsnd:'id of ~""",,,.y which, to th. b.ot of our khoW¡''':lg;, and )udsmoolla .Llffiel"nt tc '.tlofy
OlJr Llnde/'8Ú!lndlng ofthEl pl,\rpc~ea of thli ss'tlmstð¡ JMH WelQ9, Inc. ma.kee nO' w!lrranty! al'ttatr e!xpr~ed '
or Implied. a. '" tho ocourooy 01 thl. Coot 5o;Jm'lrte.
( 2
·
~
~
ß
·
5/2/2005
..
Total Bond Ëstlmate
FaJIII" from the vzrious õìI~nl:ljas oversl!telOQ thê pr!:l}EJ'='Ì are subject to d1al1ge, Therefor&- th$ nCal!;h F aw~1
sltustlon may be dlfloront th~n tho Ce010 In this ...tim.te and whoav", US"" this Oo.ot Qotlma!lo I\1ust t"ke thl.
. .
Into ~Dnald&~tltIn,
, . ,
. All plan. an> prelimln.')' .nd aUbJoct to r<>view and .ppro....¡ by tha city nf Dublin Md ~II ~gencle..
kø.e 11t.~It8T thIS 'Cost ~l1matâ III JSubject to :c:h~n!la, and fevialcrr.
, ,
'No pro"I.len. have be.n mad. f", )"ft.tion with rogord. to thà ut¡lt prlo"". Coots .r. ba...d on
p..\ prt»ooloend engln",cG ..t;m~teo.
Thl. c:oat ..Uma\>a ""d th. rel.tad pIBn. .n> net In!;ended Ie be Ii..d for blddlns purµo",.,..
All ccni",c\Qrs ore '.:<peeteÒ to d.lo""ln. an relevant q""n~~.~ ~"d blò brtoes. .
F:\Jobs\4387 DUblin MOB (Gateway Me>dlcel Centar)\Off'Slte Improvements.xls
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
.
APPROVING QUITCLAIM OF ABUTTER'S RIGHTS
ONTO TASSAJARA ROAD (TRIAD DUBLIN GATEWAY, L. P.)
WHEREAS, City of Dublin, a municipal corporation, is the legal owner of the abutter's rights
access onto Tassajara Road, City of Dublin, State of California, recorded on June 24, 2005, Alameda
County Records as Series No. 2005261501; and
WHEREAS, Triad Dublin Gateway, L. P., a Califomia limited partnership, is the legal owner of
property located at the southwest comer of DublitÍ Boulevard and Tassajara Road (APN 986-0016-015),
City of Dublin, State of Califomia; and
WHEREAS, the City of Dublin Planning Commission adopted Resolution No. 05-06 on January
25, 2005, approving Site Development Review (PA 04-046), and City of Dublin Community
Development Director adopted Resolution No. 05-01 on February 28, 2005 (FA 04-046), subject to
Conditions of ApprovaJ regarding required on-site/off-site improvements; and
WHEREAS, Triad Dublin Gateway, L. P., desires to obtain the abutter's rights of access onto
Tassajara Road;
NOW, THEREFORE, BE IT RESOLVED that the City CounciJ of the City of Dublin does .
hereby approve the quitclaim of said abutter's rights of access onto Tassajara Road to Triad Dublin
Gateway, L. P., subject to the Conditions of Approval of the project known as "Dublin Gateway Medical
Center" (P A 04-046).
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
exccute the Quitclaim Deed, attached hereto as Exhibit "A".
BE IT FURTHER RESOLVED that the City Clerk shall assure that the executed Quitclaim
Deed, together with a certified copy of this Resolution, is recorded with the County Recorder's Office.
PASSED, APPROVED AND ADOPTED this 2nd day of August 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
.
A'fTAumNT 3.
ATTEST:
City Clerk
·
·
·
Iq~ 1..0
Recording requested by:
When recorded, return tu:
City Clerk
CITY OF DUBLIN
100 Civic Plaza
Dublin CA 94568-0233
QUIT CLAIM DEED
By this instrument dated
, 2005, for a valuable consideration,
THE CITY OF DUBLIN,
as successor to the interests ofthe State of California and the County of Alameda in the deed refere:nces
shown herein, does herehy remise, release and forever quitclaim unto
TRIAD DUBLIN GATEWAY, L. P.,
a California limited partnership,
all right, title and interest in and to all that real property situate in the City of Dublin, County of
Alameda, State of California, described as follows:
Any and all abutter's rights of access in and to Tassajara Road as described in Legal
Description (Exhibit A) and Plat Map (Exhibit B) attached hereto.
CITY OF DUBLIN, a municipal corporation and governmental agency:
Dated:
,2005
By:
Printed Name:
Tit)e:
(Notary Acknowledgement Attached)
G:\DBVELOP\Dublin Gateway Mt::ðica\ C~nter\QUlTCLM_abuttx;r's right~.Tlr
mIBlT ~
-i 0 iÆe l(~/t..d::/N1 (l..-)
t..0Ø/) 'Z-G.?
EXHffiIT 'A'
LEGAL DESCRIPTION
·
All that certain real property situate m the City of Dublin, COUlJty of Alameda, State of
California, described as fol1ows:
Being a portion ofthat parcel ofland granted by the City of Pleasanton to the City of Dublin by
that Quitclaim Deed recorded June 24, 2005 under Series. 2005261501, Alameda County
Official Records being described as follows:
Any and al1 abutter's rights of access over and aCross the following described line:
Beginning at the southeast comer of Lot 7, as shown on that Tract Map 7147, as said map was
filed for record in the Office of the County Recorder on August 24, 1999, in Book 247 of Maps,
at Page 84 through 91; thence along the easterly line of said Lot 7, North 01"13'15" East 72.00
feet
Attached hereto is a plat labeled "Exhibit A" and by this reference is made a part hereof.
·
07/19/05
Prepared by:
JMH Weiss, Inc.
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
.
APPROVING QUITCLAIM OF ABUTTER'S RIGHTS
ONTO TASSAJARA ROAD (BIT HOLDINGS FIFTY-SIX, INC.)
WHEREAS, City of Dublin, a municipal corporation, is the legal owner of the abutter's rights
access onto Tassajara Road, City of Dublin, State of California, recorded on June 24, 2005, Alameda
County Records as Series No. 2005261501; and
WHEREAS, Bit Holdings Fifty-Six, Inc., is the legal owner of the property located at the
southwest comer of "KolJ Center Drive" and Tassajara Road (APN 986-0016-014), City of Dublin, State
of California; and
WHEREAS, Bit Holdings Fifty-Six, Inc.. desires to obtain the abutter's rights of access onto
Tassajara Road;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the quitclaim of said abutter's rights of access onto Tassajara Road to Bit Holdings Fifty-
Six, Inc.
BE IT FURTHER RESOL YED that the Mayor is hereby authorized by the City Council to
execute the Quitclaim Deed, attached hereto as Exhibit "A". .
BE IT FURTHER RESOL YED that the City Clerk shaH assure that the executed Quitclaim
Deed, together with a certified copy of this Resolution, is recorded with the County Recorder's Office.
PASSED, APPROVED AND ADOPTED this 2nd day of August, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
.
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G:\DEVELOP\Dublin Gateway Medica1 COJ:1w\RES02_.abutter's rights.doc
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Recording requested by:
When recorded,return to:
City Clerk
CITY OF DUBLIN
100 Civic Plaza
Dublin CA 94568-0233
QUIT CLAIM DEED
By this instrument dated , 2005, for a valuable consideration,
THE CITY OF DUBLIN,
as successor to the interests of the State of California and the County of Alameda in the deed references
shown herein, does hereby remise,release and forever quitclaim unto
BIT HOLDINGS FIFTY-SIX, INC.
all right,title and interest in and to all that real property situate in the City of Dublin, County of
Alameda, State of California, described as follows:
Any and all abutter's rights of access in and to Tassajara Road as described in Legal
Description(Exhibit A) and Plat Map (Exhibit B) attached hereto.
CITY OF DUBLIN, a municipal corporation and governmental agency:
Dated: , 2005
By:
Printed Name:
Title:
(Notary Acknowledgement Attached)
G:\DEVELOP\Dublin Gateway Medical Center\QUITCLM2_abutter's rights.rtf
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EXHIBIT `A'
LEGAL DESCRIPTION
All that certain real property situate in the City of Dublin, County of Alameda, State of
California,described as follows:
Being a portion of that parcel of land granted by the City of Pleasanton to the City of Dublin by
that Quitclaim Deed recorded June 24, 2005 under Series. 2005261501, Alameda County
Official Records being described as follows:
Any and all abutter's rights of access over and across the following described line:
Beginning at the northeast corner of Lot 6, as shown on that Tract Map 7147, as said map was
filed for record in the Office of the County Recorder on August 24, 1999, in Book 247 of Maps,
at Page 84 through 91; thence along the easterly line of said Lot 6, South 01°13'15"West 25.00
feet
Attached hereto is a plat labeled"Exhibit A"and by this reference is made a part hereof.
07/19/05
Prepared by:
JMH Weiss,Inc.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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A e Date • , Name and Title of Officer(e.g.,"Jana Doe,Notary Public"
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signature(s) on the nstrument the persor(s), or ;9�
the entity upon behalf of which the person(s) •
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A WITNESS my hand and official seal.
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A • Place.Notary Seal Above • Signature of Notary Public .
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Though the information below is not required by law,It may prove valuable to persons relying on the document :,,,
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Description of Attached Document
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Signer is Representing:
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