HomeMy WebLinkAbout4.04 Acceptance of Improvements for Lockhart Street - Central Pkwy to Gleason DrCITY
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
4
FINANCIAL STATEMENT:
CITY CLERK
File # 6
AGENDA STATEMENT
COUNCIL MEETING DATE: January 3, 2006
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Acceptance of Improvements for Lockhart Street - Central Parkway
to Gleason Drive
Report Prepared by Melissa Morton, Public Works Director
1) Resolution Accepting Improvements
2) Location Map
3) Improvement Agreement dated May 3, 2005
?iiii7 the resolution accepting improvements for Lockhart Street -
Central Parkway to Gleason Drive constructed by the Lin Family
and the Sierra Land Development Corporation
The Sierra Land Development Corporation has provided a
Maintenance Bond in the amount of $358,500.00 to guarantee
against any defects in the improvements for a one-year period
following acceptance. The City will incur maintenance costs for
these roadway improvements.
DESCRIPTION: As part of the infrastructure for Dublin Ranch, the Lin Family and
the Sierra Land Development Corporation have constructed Lockhart Street - Central Parkway to Gleason
Drive. These improvements were constructed in conformance with an Improvement Agreement entered
into with the Lin Family and the Sierra Land Development Corporation on May 3, 2005 (Attachment 3).
The Sierra Land Development Corporation provided a Performance Bond and a Labor and Materials
Bond, each in the amount of $1,434,000.00, to guarantee performance of the work. Now that the work is
complete, these bonds may be released in accordance with the authority contained in §66499.7 of the
Government Code, and replaced with a Maintenance Bond in an amount necessary to guarantee the work
for a one-year period following acceptance. The Sierra Land Development Corporation has provided a
Maintenance Bond in the amount of $358,500.00 (Developers Surety and Indemnity Company, Bond No.
COPY TO: Marty Inderbitzen, Attorney for the Lin Family
Page 1 of 2
ITEM NO. 4. 4 ve/tz/
G:\DEVELOP\Dublin Ranch\Infrastructure\Lockhart Street (Gleason -Central Pkwy)\agenda statement accept.doc
869068S-M), which is sufficient to guarantee the improvements for a one-year period after acceptance.
The Lin Family has dedicated the required right-of-way which will be accepted by the City Engineer upon
acceptance of the improvements.
Staff recommends that the City Council adopt the resolution accepting improvements for Lockhart Street-
Central Parkway to Gleason Drive constructed by the Lin Family and the Sierra Land Development
Corporation.
Page 2 of2
I '7, r~
RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTANCE OF IMPROVEMENTS FOR
LOCKHART STREET -CENTRAL PARKWAY TO GLEASON DRIVE
WHEREAS, the Lin Family and the Sierra Land Development Corporation entered into an
Improvement Agreement with the City of Dublin on May 3, 2005, to construct roadway improvements for
Lockhart Street - Central Parkway to Gleason Drive, in accordance with the approved plans; and
WHEREAS, improvements associated with Lockhart Street - Central Parkway to Gleason Drive,
are complete in accordance with said plans, and any approved modifications thereto, to the satisfaction of
the Director of Public Works; and
WHEREAS, the Lin Family has dedicated right-of-way to the City of Dublin for Lockhart Street-
Central Parkway to Gleason Drive; and
WHEREAS, the Performance Bond and the Labor and Materials Bond can be released, in
accordance with the authority contained in ~66499. 7 of the Government Code of the State of California,
and replaced with a Maintenance Bond to guarantee the completed work for a one-year period following
acceptance; and
WHEREAS, the Sierra Land Development Corporation has provided a Maintenance Bond to
guarantee the completed work for a one-year period;
NOW, THEREFORE, BE IT RESOLVED that:
1. The improvements completed with said project are hereby approved and accepted subject
to a one-year guarantee period; and
2. The original Performance Bond issued by Developers Surety and Indemnity Company
(Bond No. 869068S) in the amount of $1,434,000.00 be released; and
3. The original Labor and Materials Bond issued by Developers Surety and Indemnity
Company (Bond No. 869068S) in the amount of $ 1,434,000.00 be released; and
4. The submitted Maintenance Bond issued by Developers Surety and Indemnity Company
(Bond No. 869068S-M) in the amount of $358,500.00 be accepted as security for the
aforesaid one-year maintenance period, said period to commence on this date and terminate
on the 3rd day of January, 2007.
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ATTAUmNT ,-
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PASSED, APPROVED AND ADOPTED this 3rd day of January, 2006.
YES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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LOCATION MAP
ATTACHMENT 2.
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IMTROVEMENTAGREEMENT
LOCKHART STREET - CENTRAL PARKWAY TO GLEASON DRIVE
This agreement is made and entered into this 3rd day of May, 2005, by and between the CITY of
Dublin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su-O-Lin (also known as
Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known
as Kevin Lin) ("the Lins"), and Sierra Land Development Corporation, a California Corporation ("Sierra
Land") (the Lins and Sierra Land are hereinafter referred to collectively as "OWNER").
RE CIT 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
legal entity controlled by the Lins that the Lins propose to use to construct the improvements;
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that OWNER desires to construct and dedicate the following improvements (hereafter
collectively "The Improvements"):
Lockhart Street from Central Parkway to Gleason Drive, including all median curbs, frontage
curbs, pavement, storm drainage, sanitary sewer, water, joint trench and street lighting
improvements. The Improvements include modifications to the traffic signal at Gleason Drive,
and conduit for future traffic signals at the park entrance and at Central Parkway. The
Improvements do not include landscaping and walkways. The'Improvements shall be
constructed in accordance with the follqwing referenced plans, which are hereby referred to for a
more definite description of the work tob~ performed under this Agreement as though set forth at
length herein;
· Improvement Plans, Dublin Ranch - Central Parkway to Gleason Drive prepared by
MacKay & Somps, approved by the City Engineer and consisting of 13 sheets.
· Gleason Drive at Lockhart Street Traffic Signal Improvements prepared by TJKM
Transportation Consultants consisting of 6 sheets.
· Joint Trench Composite & Street Lighting Plan -Lockhart Street prepared by RGA Utility
Consultants.
WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication of right-of-way and
The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions
of this Agreement; . . .
WHEREAS, the Lins and CIT'( have previously entered into an Agreement Regarding
Community Parle in Dublin Ranch, dated March 15,2005, which agreement contains certain conditions
regarding the construction of Lockhart Street.. .
WHEREAS, CITY has determined thafThe Improvements are a public works subject to
IMPROVEMENT AGREEMENT
Lockhart Street - Central. Parkway to Gleason Street
ATTAUIDIENT 3.
5t0\t
California prevailing wage requirements;
NOW, THEREFORE, in consideration of the mutual promises. conditions and covenants herein
contained, the parties agree as tallows:
Section l.
Completion Time.
OWNER will commence construction of The Improvements within ninety days following the date
on which CITY executes this Agreement. OWNER shall complete such Improvements no later than two
years following execution of this agreement. Time is of the essence in this Agreement.
Section 2.
Estimated Cost ofImprovements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to
be $ 1,434,000. Said amounts include costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
Section 3.
Bonds Furnished.
Prior to commencing construction ofthe improvements, OWNER. (either the Lins or Sierra Land)
shall furnish CITY with the following security in a form satisfactory to the CITY Attorney:
a. Faithful Performance. Either a cash deposit, a corporate surety bond i5sued by a company
duly and legally licensed to conduct a general surety business in the State of California, or
an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth
in Paragraph 2 and sufficient to assure CITY that The Improvements. will be satisfactorily
completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State ofCalifomia, or
an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth
in Paragraph 2 and sufficient to assure CITY that OWNER'S contractors, subcontractors,
and other persons furnishing labor, materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall confOml to the provisions of Chapter 5 of the Subdivision Map
Act.
Section 4.
Insurance Required.
Prior to commencing construction of the improvements, OWNER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall
have been approved by the Administrative Services Director of CITY, or his designee, as to form, amount
and carrier. Prior to the commencement of work under this Agreement, OWNER's general contractor
shall obtain or cause to be obtained and filed with the Administrative Services Director. all insur..nce
required under this pam graph, and such insurance shall have been approved by the Administrative
Services Director of CITY, as to fonn, amount and carrier. OWNER shall not allow any contractor or
subcontr,lctor to commence work on this contract or subcontract until all insurance required for OWNER
and OWNER's general contractor shall have been sO obtained and approved. Said insurance shaH be
lMPROVI;MENT A(iRHllMENr
l."ckhurt S Iro 01 .- Contral Pllrlr. way 10 Gleason Street
Page 2 of 11
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maintainl;d 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 camero
a. Minimum Scone of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office fonn number GL 0002 (Ed. 1/73) covering
comprehensive General Liabilitv and Insurance Services Office foon
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" fonn CO 0001.)
(ii) Insurance Services Office fonn number CA 0001 (Ed. 1/78) covering
Automobile Liability, code I II any auto" and endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor Code of1he
State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liability: $1,000,000 combined single limit per occurrenCe for
bodily injury, personal injury and property damage. [f commercial General
Liability Insurance or other form with a general aggregate limit is used.
either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required .
occurrence limit.
(ii) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(iii) Workers' ComDensation and Emoloyers 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 ooductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; or the
OWNER shall procure a bond guaranteeing payment onoases and related
investigations, claim administration and defense ex.penses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain,
the following provisions:
(i) General Liability and Automobile Liability C;:overages.
(a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
IMPROVEMENT AGREEMENr Pag~ ;. ,)1" 11
Lockh.,t Streel... C~ntrall'nrlc.w.y lO Gl~alC)n Slrccl
1'01'1
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 shaH contain no
specialliIllitations 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 volunteelS.
Any insurance or self-insurance maintained by the CITY, its
officers, officials. employees or volunteers shall be excess oftbe
OWNER's insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY. its officers, officials,
employees or volunteers.
(d) The OWNER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurers liability.
(ii) Workers' Comnensation and Emoloyers Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the CIIT, its officers,
officials, employees and volunteers for losses arising from work performed
by the OWNER for the CITY.
(iii) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended. 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 ofInsurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VU.
(b) Verification of Coverage. OWNER shall furnish CITY with
certiticates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behal f. 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.
(e) Subcontractors. OWNER andlor OWNER's general contractor shall
include all subcontractors as insureds under its policies or shall
obtain separate certificates and endorsement<; for each
IMPROVeMF.NT "c".REEMENT p,,~ 4 uf II
I.ockhart Su."el- Centrol ParKway to Glea,on SITe'"
gat;lLt
su.bconLractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
Section S.
Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect. OWNER guarantees all work executed
by OWNER and/or OWNER's agents. and all supplies, materials and devices of whatsoever nature
incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to
the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after
acceptance of the entire work by CITY. OWNER shall repair or replace any or all such work or material.
together with all or any other work Of 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 orany 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 !Ill additional
year to insure that such defects have actually been corrected..
In the event the OWNER shall fail to comply with the conditions of the foregoing guarantee
within thirty (30) days time or such longer time period as agreed to in writing by the City Engineer, after
being notified oftbe defect in writing, CITY shall have the right, but shall not be obligated, to repair or
obtain the repair of the defect, and OWNER shall pay to CITY on demand all costs and expense of such
repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or
material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard
to the public health. safety, or welfare, CITY shall have tbe right to immediately repair, or cause to be
repaired, such defect. and OWNER shall pay to CITY on demand all costs and expense of such repair.
The foregoing statement relating to hazards to health and safety shall be deemed to include either
temporary or permanent repairs which may be required as determined in the sole discretion and judgment
of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or
perfonns the necessary work, OWNER shall pay. in addition to actual costs and expenses of such repair
Of 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 ofbi11ing for such work or
repairs.
Section 6.
Insoection ofthe Work.
OWNER shall guarantee free access to CITY through its City Engineer and his designated
representative for the safe and convenient inspection of the work throughout its construction. Said CITY
representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly by OWNER and replaced to the satistaction of CITY without any expense to CITY in strict
accordance with the Improvements plans and specifications.
Agreement Assignment.
Section 7.
OWNER shall not assign this Agreement without the written consent of CITY, which consent
IMPROVEMENT AOREEMENT
Luckh..rl Street . C~nlral Parkway lD Ol"..on Slre~t
Page 5ufl I
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shall not he unreasonably withheld.
Section 8.
Abandonment of Work.
Neither OWNER nor any or OWNER's agents or contractors are or shall be considered to be
agents of CITY in connection with thc performance of OWNER's obligations under this Agreement.
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 provisions ofthis Agreement, the CITY through its City Engineer may 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 intention to take over the performance of the contract, and does not commence perfonnance
thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and
prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the
account and at the expense of OWNER and OWNER's surety shall be liable to CITY for any damages
andlor reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY,
without liability for so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to OWNER as may be on the site of the work and
necessary therefor.
Section 9.
Notices
All notices herein required shall be in writing, and delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to OWNER shall be addressed as follows:
Martin Indcrbitzen
Attorney at Law
7077 Koll Centcr Plaza, #120
Pleasanton, California. 94566
and
The Lin Family
c/o James Tong
IMPROVEMENT AGREEMI;NT
Lockhart Strcet - Ccntral PBrkwuy 10 GJeuioo. Street
Page (, of II
lO1)' t.f
4690 Chabot Drive, Suite lOOPleasanton, CA 94588
Notices required to be given s~rely of OWNER shall be addressed as follows:
Gregory Pribyl
The Insco Dico Group
3100 Oak Road. Suite 260
Walnut Creek, CA 94596, California 94566
Any party or the surety may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
Concunently with the execution of this Agreement, OWNER has executed and has caused to be
acknowledged an abstract of this Agreement. OWNER agrees CITY may record said abstract in the
Official Records of Alameda County.
Section 10. Safety Devices.
OWNER shall provide and maintain such guards, watchmen, fences. barriers, regulatory signs,
warning lights. and other safety devices adjacent to and on the site of The Improvements as may be
necessary to prevent accidents to the public and damage to the property. OWNER shall furnish. place,
and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other
safety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and 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 OWNER, and
the entire site left clean and orderly.
Section 11. Acceptance of Work and Easement.
Upon notice of the completion of The Improvements and the delivery of a set of ftnal as-built
mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer Or his designated
representative. shall examine the work without delay, and, if fOWld 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 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, CLTY shall also accept the right..of-way and maintenance easement
dedication. The right of way and easement dedications shall be in substantially the fonn attached
hereto as ExhibH A.
Section 12. Patent and Copyright Costs.
In tht: 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 tees, 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.
IMPROV"MENi AGREEMENT
L.lCkhl1rt SlrI>el-. C.nual PM'kw~y '0 G1e.",n Street
fSagc70fll
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Section 13. Alterations in Plans and Snecifications.
Any alteration or alterations made in the plans and specifications which are a part ofthig
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 14. Liability.
a. OWNER Primarily Liable. OWNER. hereby warrants that the design and
construction of The Improvements will be perfanned in a proper manner. OWNER
agrees to indemnify, defend, release. and save hannless CITY, and each of its
elective and appointive boards, conumssions. officers agents and employees, from
and against any and all loss, claims, suits. liabilitie~ actions. danlages, or causes of
action of every kind, nature and description, directly or indirectly arising from an
act or omission of OWNER, its employees, agents, or independent contractors in
connection with OWNER'S actions and obligations hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against OWNER which
it may have by reason of the aforesaid hold harmless agreement, because of
the acceptance by CITY, or the deposit with CITY by OWNER, of any of
the insurance policies described in Paragraph 3 hereof.
(ii) That the aforesaid hold harmless agreement by OWNER shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in
this 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. Desi~ Defect. If a design defect in the work of Improvements becomes appa.rent
during the course of construction, or within one (1) year following acceptance by
the CITY of the Improvements, and said design defect, in the opinion of the CITY,
may substantially impair the public health and safety, OWNER shall, upon order
by the CITY, redesign the improvements as necessary to correct said design defect
and reconstruct the improvements as necessary to correct said design defect at his
sole cost and expense. and the sureties under the Faithful Performance and Labor
and Materials Bonds shall be liable to the CITY for the corrective work required.
c. Litigation Expenses. In the event that legal action is instituted by either party to
this Agreement, and said action seeks damages for breach of this Agreement or
seeks to specitically enforce the terms ofthis Agreement, and, in the event
judgment js ~ntered in said action, the prevailing pany 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 lhe bonds provided under Section 3.
IMI'ROV!iM~NT AGREEMIiN1'
l.ockhan Sir.., Ccnlnll'.n.way ,,, G1eaSl.'ll Street
I'AgellM11
'2~ltf
Section 15. Right of Entry.
CITY grants to OWNER a right of entry to enter upon the property within Gleason Drive and
Cenlral Parkway with such personnel, equipment. machinery, vehicles and materials as may be necessary
for the sole purpose of construction of The Improvements pursuant to this Agreement. This right of entry
shaH be effective upon the date of this agreement and shall terminate on upon acceptance of The
Improvements by the City. There shall be no payment for the right of entry. OWNER's obligation to
indemnify, defend and hold CITY harmless, as described in Section 15, shall be applicable to any acts or
omissions orOWNER, its contractors, subcontractors and agents, in connection with this right of entry.
Section 16. Indemnification and Waiver.
OWNER shall defend CITY, its officers, employees and officials, against any claims or actions
(including declaratory or injunctive relief) concerning OWNER's construction of The hnprovements 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'g construction of The Improvements and/or CITY's failure to enforce or comply
with any applicable laws.
Section 18. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IMPROVliMRNT AGREEMENT
L<lckhwt Sln:C[ - Central P",kwaV 10 GlCUQn Strtel
Pagc9(lj'11
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
ATTEST:
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Date:
Approved as to Form:
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Elizabeth H. Silver, City Attorney
rMI'ROYEMENT AGREEMENT
l.ockhan Street - Central Parkway 10 Gleason Street
OWNER:
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Char( Su-Q-Lin (also kilOwn as Jennifer Lin)
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Lin) t:J.-a. ",e_b /..h7#17/u~tu) ~p
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. .' ~ate: v- 'v -.:) .r
ao Lin (also known as Kevin Linj
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LAND DEVELOP:MENT CORPORA nON
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. ong, Secretary
Approved as to Fo
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Martin W. Inderbitzen. A
y for Lin Family
P~I\" lO or II
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IDCKHART STREET
RIGHT OF WAY
PARCEL A
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TRACT 7281"\. J
(277M82) ~
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PARCBL 13
TRAC'l' 7281
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DETAIL
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PARCEL 13
TRACT 7281
(277M82)
POB
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1I-t'55'25"
PUCEL US
TRACT 7281
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PlAT TO ACCOMPANY DESCRIPTION
I.OCl(IL\RT STR.EBT ROW'. PAl at PSI:
CHANG St,J-o LIN' PROPERTY
CITY OF DUBIJN
CAl..IPORHIA
ROBERT CHAN
COUNTY or At.AI\IEtllt.
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INfIIFlASTRUCTl QROUP
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s.oH _. C4 ..0., tf>>, 901-11110
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THE BASIS OF BEARING IS RECORD PER 2771.182
THE OlSlANCES SHOWN ARF; CROUND DISTANCES.
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