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Home My WebLink About4.12 Traffic Control Accept Improvements CITY CLERK File # D[E[Q][Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 6, 2006 SUBJECT: Acceptance of Improvement~ lilr Kohnen Way in Dublin Ranch, Area F and Approving Regulatory Traffic Control Devices. Report Prepared bv Melissa Morton, Puhlic Works Direct~~ I) Resolution Accepting Improvements and Approvmg Regulatory Tramc Control Devices 2) Location Map 3) Improvement Agreement dated August 3, 2004 ATTACHMENTS: RECOMMENDATION: 'A 1"'< \ Adopt the resolution for Acceptance of Improvements for Kohnen Way in Dublin Ranch, Area F and Approving Regulatory Traffic Control Devices FINANCIAL STATEMENT: Dublin Ranch Schools, LLC has provided a Maintenance Bond in the amount of $150,250 00 to guarantee against any delect~ in the improvement~ for a one-year period following acceptance. The City will incur maintenance costs for these roadway improvements. DESCRIPTION: As part of the construction of the new middle school in Duhlin Ranch Area F, Dublin Ranch Schools, LLC (a legal entity of the Lin Family) has constructed Kohnen Way, the fronting street to the new school. These improvements were constructed in confbnnance with an Improvement Agreement entered into with the Duhlin Ranch School~, LLC on Angn~t 3, 2004 (Attachment 3). The Agreement also included relocation of a section of City storm drain line on the school site. Dublin Ranch Schools, LLC provided a Performance Bond and a Labor and Material~ Bond, each in the amount of $601,000 00, to guarantee perfonnance of the work. Now that the work is complete, these honds may he released in accordance with the authority contained in 966499 7 of the Govermnent Code, and replaced with a Maintenance Bond in an amount necessary to guarantee the work for a one-year period following acceptance. Dublin Ranch Schools, LLC has provided a Maintenance Bond in the amount of $150,25000 (Developers Surety and Indemnity Company, Bond No. 86<J063S-M), which is ~LLfficient to guarantee the improvements for a one-year period after acceptance. The required right-of-way was offered for dedication with the Final Map for Tract 7282. COPY TO: Martin Inderbitzen, Attorney lor the Un Family Page I of2 JTEMNO.~ G:\DEVELOP\DubH(\ Ranch\Area P-Nurth\Kohnen Way ~ Schoul\agst llJ.;r.;epl.dol.: The following regulatory traffic control devices will be accepted and approved as part of the Kohnen Way improvements and added to the City ofDLLblm Traffic Code' a) Stop control devices at all four approaches of the intersection of Grafton Street and Kohnen Way/Madden Way b) Stop control devices at both approaches of Kohnen Way at the school driveway entrance and at the school dnveway exit. c) No stoppmg restllction devices on Kohnen Way eastbound just east of Shelton Street and westhoundjust east of the school exit drivcway d) No stopping restriction during 7.30-8.30 AM and 2.30-3.30 PM devices on Kohnen Way eastbound from the school exit driveway to Shelton Street. Staff recommends that the City Council adopt the resolution for Acceptance of lmprovements for Kohnen Way in Dublin Ranch, Area F and Approving Regulatory Traffic Control Devices constructed by Dublin Ranch Schools, LLC Page 2 uf2 /of /3 RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN .******** ACCEPTANCE OF IMPROVEMENTS FOR KOHNEN WAY IN DUBLIN RANCH AREA F AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES WHEREAS, DLLblm Ranch Schools, LLC, a California limited liability company entcred into an Improvement Agreement with the City of Duhhn on August 3, 2004, to construct City of Dublin stonn drain improvement~ and roadway improvements for Kohnen Way, in accordance with the approved plans; and WHEREAS, improvements associated with City of Dublin storm drams and Kohnen Way, are complete in accordance with said plans, and any approved moditlcations thereto, to thc satisfaction of the Director of Public Works; and WHEREAS, certain regulatory traffic control devices have been installed as part of the Kohnen Way improvements; and WHEREAS, the nght-uf-way has been dedicated to the City of Duhlin for the storm drains and Kohncn Way; and WHEREAS, the Perfonnance Bond and the Labor and Materials Bond can be released, in accordance with the authonty contained in S66499 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 acceptancc; and WHEREAS, Dublin Ranch Schools, LLC has provided a Maintenance Bond to guarantee the completed work for a one-year period; NOW, THEREFORE, BE IT RESOLVED that: I The Improvements completed with said project are hereby approved and accepted subject to a one-year guarantee period; and 2. The regulatory traffic control devices installed as part of the Kohnen Way improvements are hereby mcluded m the City of Dublm Traffic Code, said regLLlatoI) devices to include the tollowing: a) Stop control devices at all/our approaches of the intersection of Grafton Street and Kohnen Way/Madden Way b) Stop control devices at both approaches of Kohnen Way at the school driveway entrance and at the school driveway exit. c) No stopping rcstriction devices on Kohnen Way eastbound just east of Shelton Street and westbound just east of the school exit driveway 1, (;J bf &(06 I ATTACHMENT J. ,,,,'pIf3 d) No stopping restriction dLLring 7.30-8.30 AM and 2.30-3.30 PM devices on Kohnen Way eastbound from the school exit driveway to Shelton Street. 3 The original Perfonnance Bond issucd by Developers Surety and Indemmty Company (Bond No. 86<J063S) in the amount of$601,000.00 be released; and 4 The original Labor and Materials Bond issued by Develupers SLLrety and Indemnity Company (Bond No 869063S) in the amoLLnt 01'$601,000.00 bc released; and 5 The submitted Maintenance Bond issued by Developers SLLrety and Indemnity Company (Bond Nu. 869063S-M) in the amount of $150,250.00 be accepted as security for the aforesaid one-year maintenance period, said period to commence on thlS date and tenninate on the 6th day of June, 2007 PASSED, APPROVED AND ADOPTED this 6th day of June, 2006 YES. NOES ABSENT ABSTAIN Mayor ATTEST City Clerk G:\DEVDLOP\Dublin R.lmCh\Areil P~Nul'th\K.uhnen Way. Schuul\Reso acpt imps .dClc 2 3" .f- (? .'-- "" ....,_~- ~_ --. f- - ' -,- 1" 'I ' _ 1 '/lC1NlliWiP . - ~ TRAC"l ijSlM\ ~ !45 M. ~;l- 54 I '7r;' --~ )...11/1, .....0:;- .....-rIJ/\ \. \ '''"'''~~_._ _/'.,t:~'\i,\C-j( \~ ,\\ \\,\~\, -5i1;'-.~Pr- "=-<.~,",-lii,Jl,'l, \'''4jii~ :r. ' ,11'\1!I~'" ;>~<\ \:\: <' \ 'V- l;: ' -:~--.::;'~. J ~r TRACT S9;O~"" "/";L. '\, '- , ,~ !!I SCHOOL SIT<" .~~.,,', . '11'll j".foI." 24, M ~~~ll~(' ,<: ~. ' 1:, flo' " ", '" "".s .,,,,,,,,,' - / - ~ .,,,,.._,, ,.l\;!l ,,_,he, " '" "I".-~- --\'--~ -/ ',/ '" ,," i ' " .__L""",.,,];i:--~- /T1T1;;'< --, ".(~ - - -yf6' 0", ,KOH ----'-''' , ~ ~- - J 1- · I," lIt, . NEN WAY r _,,~e-_T --' ~,,,,",,.,,,' ... f -> I' 7J! ;' - , ');. "<-)"~^ ',," '""PO",O 11<ACT "" $M>- "",. ^-" , -'6, " AfI~A .;1M W;:J: ~ .,.~ :.i;;~~," I .... '" Af ~ I~~~ '~,l.r.1 5!154 . :.oJl[l,~.~N;j" I~' / ~ 'Y "), "'... ~4i lA. 44_S()L.... 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Lfo{ /3 UMPROVEMENTAGREEMENT KOHNEN WAY Dublin Ranch, Area F 1bis agreement is made and entered into this ~ day of ~ ~~y and between the CITY of Dublin, a municipal corporatIon, hercinafter referred to as "CITY' , and Dublin Ranch Schools, LLC a Cahfornia limited liabihty company ("DR Schools"), hereinafter referred to as "OWNER" RECIT ALS WHEREAS, OWNER owns or controls certain land wlthm the City of Dublin, known as Dublin Ranch. OWNER has agreed to construct a school within Duhlin Ranch for the Dublin Unified School Distnct. The school and property will be deeded to the School District when completed. The improvements to be constructed by OWNER will include the school site's fronting City street called Kohnen Way WHEREAS. it has been detennined by the CITY Council of the CITY of Dublin, State of California, that OWNER desires to construct and dedicate the fullowing improvements (hercailer collectively "The Improvements"): The full length of Kohnen Way street improvements, a distance of approximately 1,400 feet, including curbs, full lift of asphalt concrete pavement, underground utilities, streetlights and traffic SIgning & pavement markings. Sidewalks and landscaping are included along the northern frontage. The landscaping and the sidewalk between the school entrances will be constructed with the school improvernents. The Improvements do not include sidewalk and landscaping along the southern frontage, and landscaping of the median entrance island. The Improvements also include relocating approximately 400 linear feet ofthe City's 48" -stonn drain line on the school site. The Impruvements shall be constructed in accordance With the plans, Dublin Ranch, Kohnen Way and Rough Gradingfor School Site, prepared by MacKay & Somps and signed by the City Public Works Director on July 20,2004 and consisting of 10 sheets. These plans are hereby referred to for a more definite description of the work to be perfonned under this Agreement as set forth at length herein; WHEREAS, CITY has detennined that The Improvements are a public works subjcct to California prevaihng wage requirements; WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication ofrigbt-of-way and The Improvements in consideration for OWNER's satisfactory perfonnance 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: IMPROVEMENT AGREEMENT l<.ohnm Way, Dublin Ranch Area F ATTACIDIENT 3. :,- (1 tr3 Section 1 ComDletion Time. OWNER will commence construction of The Improvements within ninety (90) 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 of ImDrovements. For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be $650,000. 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 of the improvements, OWNER shall furnish CITY With the following security in a fonn satisfactury to the CITY Attorney' a. Faithful Perfonnance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that OWNER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor. CITY shllll be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall confonn to the provisions of Chapter 5 of the Subdivision Map Act. Section 4. Insurance Reauired. 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 fonn, 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 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 contrdctor or subcontractor 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 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. IMPROVEMENT A.GREEMENT 'Kohnen Way, Dublin Ranch Arc:a F Pagd 019 0oU3 a. Minimum Scone of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office form number GL 0002 (Ed. 1173) covering comprehensive General Liability and Insurance Services Office fonn number OL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CO 0001.) (ii) Insurance Services Office fonn number CA 0001 (Ed. 1178) covering Automobile Liability, code I "any auto" and endorsement CA 0025 (iii) Workers' Compensation insurance as required by the Labor Code of the State of 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: $1,000,000 combined single limit per accident for bodily injury and property damage. (iii) Workers' Comoensation and Emoloyers Liability. Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$I,OOO,OOO 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 respccts the CITY, its officers, officials and employees; or the OWNER shall procure a bond guaranteeing payment oflosses 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 Liabilitv and Automobile Liabilitv Coverages. (a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the 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 IMPROVEMENT AOREEMENT Kohn~n Way, Dublin Ranch Area .. Pag.3ofO 7of/3 CITY, its officers, officials, employees or volunteers. (b) The OWNER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the OWNER's insurance and shall not contribute 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 sballapply separately to each insured against whom claim is made or suit is brought, except with respect to the hmits of the insurer's liability. lii) Workers' Comoensation and Emolovers Liabilitv CoveraJle. 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. (iii) All Covera,m. 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) Acc~tabilitv ofInsurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (b) Verification of Coverage. OWNER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Subcontractors. OWNER and/or OWNER'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 IMPROVEMENT AOREEMENT Kohnen Way, Dublin Raneh Area F Page 4 of9 'Zo..{-(3 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 (I) 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 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. OWNER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for the corrected items for an additional year to insure that such defects have actually been corrected. In the event the OWNER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time or such longer time period as agreed to in writing by the City Engineer, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and 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 the 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. Thc foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or pcrmancnt repairs which may be required as determined in the sole discretion and judgment of CITY If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, OWNER shall pay, in addition to actual costs and expenses of such repair or work, twenty-five percent (25%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. Section 6, Inspection 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 satisfaction of CITY without any expense to CITY in strict accordance with the Improvements plans and specifications. Section 7. ~ement Assignment. OWNER shall not assign this Agreement without the written consent of CITY, which consent shall not be unreasonably withheld. Seetion.a. Abandonment of Work. Neither OWNER nor any of OWNER's agents or contractors are or shall be considef\:d to be agents of CITY in connection with the performance of OWNER's obligations under this Agreement. IMPROVEMENT AGREEMENT Kohnen Way, Dublin Ranch Area. F Page S of9 q c-f/3 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 ofsaid 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 of this 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 ofbrcach 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 perfonnance of the contract, and does not commence perfonnanee thereof within thirty (30) days after notice to CITY of such election, CiTY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of OWNER and OWNER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs 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: Melissa Morton Public Works Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to OWNER shall be addressed as follows: Martin Inderbitzen Attorney at Law 7077 Koll Center Plaza, #120 Pleasanton. California 94566 and Dublin Ranch Schools, LLC 7077 Koll Center Pkwy, Ste. 120 Pleasanton, California 94566 Notices required to be given surety of OWNER shall be addressed as follows: Martin Inderbitzen Attorney at Law IMPROVEMENT AOREEMENT KQhoml Way, Dublin R..t'I(;h ,A1't;!I8 F fage 6 ef9 /0 or 13> 7077 Koll Center Plaza, #120 Pleasanton, California 94566 Any party or the surety may change such address by notice in writing to the other party and thereafter nutices shall be addressed and transmitted to the new address. Concurrently with the execution of this Agreement, OWNER has executed and has caused to be acknowledged an abstract of this Agreement. OWNER agrees CITY may record said abstract in the Official Records of Alameda 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 Acceotance of Work and Rilzht of Way. Upon notice of the complction of The Improvements and the delivery ofa set of final 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 found to be in accordance with said plans and speCifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify OWNER or his designated agents of such acceptance. Concurrently with the notice of completion, OWNER shall dedicate to CITY any right of way and mamtenance easements deemed necessary by the City Engineer for the maintenance of The Improvements, and, at acceptance of the Work, CITY shaU also accept the right-of-way and mamtenance easement dedication. The right of way dedication shaU be in substantially the form attached hereto as Exhibit A. Section 12. Patent and CooyrilZht 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 indcmnify 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 13 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 ofthc State of California. IMPROVEMENT AGREEMENT Kohnen Way, Dublin Rsnch Area F rago 7 Qf9 /I 0 n2- Section 14. Liabilitv a. OWNER Primarilv Liab~. OWNER hereby warrants that the design and construction of The Improvements will be perfonned in a proper manner OWNER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claIms, suits, liabilities. actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of OWNER, its employees, agents, or independent contractors in conncction 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 hannless agreement by OWNER shall apply to all damages and claims for damages of every kind sutTered, 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 detennined to be applicable to any of such damages or claims for damages. b. Deshm 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 his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liablc to the CITY for the corrective work required. c. Litil!ation 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 OWNER's surety on the bonds provided under Section 3. Section 15. Ri~t of Entry. CITY grants to OWNER a right of entry tu enter upon the right of way within Grafton Street with such personnel, equipment, machinery, vehicles and materials as may be necessary for the sole purpose of construction of The Improvements pursuant to this Agreement. This right of entry shall be effective upon the date of this agreement and shall terminate,Pffupon 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 describcd 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 Kohnen W~YI Dublin Ranch Area F Page 80f9 / J. (J1I3 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 Improvements on OWNER's property and shall indemnify and hold CITY hannless from any damages, charges, fees or penalties that may be awarded or imposed against CITY and/or OWNER in connection with, or on account of, OWNER's construction of The Improvements and/or CITY's failure to enforce or comply with any applicable laws. ~tion 18. Recitals. The foregoing Recitals are troe and correct and are made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. By: J Date o Date: C~ ?--o? nch Schools, LLC By' ',m s Tong, it's authorized manager - Martin W. Inderbitzen, Atto y ublin Ranch Schools, LLC ~: Kay Kei*' ity Clerk I Date: 1'__ _QY . Approved as to Fonn: -J)~ 7" tl Elizabeth H. Silver, City Attorney EXHIBIT A RIGHT OF WAY IMPROVEMBNT AGREEMENT Kohnen Way, Dublin Ram:h Area F P"lle 9 of9 , E.II.l'\-ll!orr A 'R I b+\'T of w/>.'( 'r" r (t,!:';" "")~ - <H. ~~'~lo ~ ~:::::....-'~""'. \\l~ J .r - - _ /s;:rf:':lTtJ...~] 1\;:i"'!"">I~'" _ 2IJt"""'-Il]~-11 ~,,;?t't. U\:'.. ~ -r-".T ~?'" .... ,_'<I'~\\'~ --1- --- . ~j'!'i-r'l~ ~1~1-- RA-~tn-4 ~:~~'....-...., __ --- ~ 1- ~1 ::.""_"'.[> ~.5~ . ~ '. .... ll"~!t' } r'B\JN- ,~ ....BIl~ to. I~ ~, .- 2"'" "'~" j, SUBDlVlSJON OF RESULTANr' PARCEL t OF WT [JNF ~~-;,~::,_,,~ ~~"O' - I-,~U') _~..~-:~-oot=---,,",- ~.c ,,"'--_..c.-.r:.-~.~~-----~~~W .P~!I"D'r' _.__.":":"'~l"~ , ~\ ~<'- ADJUST~E1'n' NO. "W-D2-ll- .~ REC~RD",J) .t" .._r_ - - <:;:. "-"'~1lo<--n: a'" . ..:'O"I.otS!Jlir 1 I llm"11-~ :t:llf' N...IIJ"I~ \"'::'i___...~... :Ck~.t). ...;:, .....,. .,~, .. . __ 1.\\ ~::::~, ~.~I}" BN I 'lM'16~:O' "-- - - - - -.... UH) ~~~~ 1;-. [N SERlES NO. 2002403232 AND S~"'.\ _ [~-Cl".. !'F"l.1"'I]. ,~:.g-1.l--l.:f1 ... ,:~:~L:'8..':r N~~ 0, :20 II!D:!<< ...J-l.(.. ....",..,~.. RF.StlLTANT REMAINOER NO.4 OF LOT UNK ADJ(TSTM~ , _ . __c_c~ ~ ' N<l "(u-99-19- />s, RECORDED lN S~R1ES NO, '1'IE 75 1 r 8tO( :SDi6 ~ 2{C;IJ2I!;l26 ill fWI(I. IOUI[NIS '.-<, ~ ..... '\ ~.! ;2.[10001 llt574 7. u,fI IlLI(:1' 6m r/'2,t M ~ I]It GIRfl{JII HI &'lfi'~O'. ~ '., l'~' 'f ~ - -,. ALAMEDA COUNTY R!E("ORD~ ' ","30"1"-"'" 'IH' "'="'~ """"'~.""" '''',.,.~, "\ "R==f!ilfi.OO" 800'1' mg., w,IL.'5 ~I~ (lr~ ...' ClTi OF D1lBLTN . ~ ~ ";V' ,,-<]>, \ReEI (i J<AF'fO!'>' ,/., \ ,',' jAlAMEOA COUNTY, CALIfORNIA ,'I i € - - - PARCEL _~, I '" P~RCEL :I STHEF:T" '\ rn ;"":;;'20'. ..., 200< 1 \ '!' 'I[l ,,,;,, "f;:c,,;c ! 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'~.~7' ~ Mrs. ~.~'rM.L 'G1 L~15y.'R...;'l;~. 1~~7,''- '~'l-:L'lC:" !U:SEI ~i('i: ~..' ~ err -I;~.:"~~.~I~.'\., \ . ., . l" .~. ~$O~" 61P ..--l'a' SGRE.:II1'S 11'" FV--,- ~.~~7rS[,,~1r.' _ '- ~~I' '"'/I., ~ CET.IIl Jl ~f:' ~ Z --l~,; ':, ~Ji~~;~-:;: , .::" ,::'7::' ce,"" :~:, '" '.. , -"';,::' ,;i,~~\n, ',i :>~'1:';'i "'_ m ,..w>'''''f '" ' ,,~~J I"_,,~__, ~l:"J ,11 _ '-::~:~::"' ~~, \, ~l~:! C:~,'i~c;~ i,'i ~\-.lfh" \:,;!".,,~~2':~' ~ I ~ j I' ! 'PARCEL 12 r:E 9 KOHN~~';::Y) "~,:t:~~\:~~>' ':~ t: :,;~\~~\, i ~\ I 1.02:1- ACRES TPAE AND EVAE .~ I. - . \- t; ," i ~!i I PARCEL 5 _ ~::,'i'~ L9H ACRES 'Sf"" "'~':(it::,.;;: ':':,~'~)~!\c,;:~" -;J !II 5.7U ACRES _,,i';R:;'~J PARCEL 3 ",";'" Y , - ..,,' "";"-~ ---=- 't ;-+- ~1~~1~ IIQ. g ~ .~ .~. 15.01 f: ACRES r ~%:?f"'" 7ol'~~ ~~ ~. ~!~,.~ ;1 ~L ~u!~ I " .~ 1- --<~~~"~!';I q) ...::=._J----rl "---lO"O'E P[R'S(R'ES ,_~-:,off~~E.lf;'l ...~.t'i:i -~..... ,- ."-,,,~ . ,;".~~..~~ '-- ;-rl '-'_'1'1,: I' """'~:~r~," f".;.';;;::. -""'\ ----:;;;~;~:~~~~~:'-~~'-:-:~-,.. \".~":"'-~ N~'lI Pr1l {It-3) :5i.:c., _, ",' <_,_, J',.,.........-n .1,\ """ 1":,0..>'" ;." '..;. . ~_' ~ ..,~, ~.... ~"-:.-----"" .~. I- 'i-.i:' tiOlES: . ~ , _ ~I . - -, ,- T :-'-~l";-I ". ~ \':'b~":~~ .~ ,: ';.: I Irl E[.II'!JII(S~_~~f'I""l (.l.~ , --1.j 1 . E ._. 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