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HomeMy WebLinkAbout4.04 LinFamily & SierraLand Improv Agmt CITY CLERK File # O[a51~-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 18, 2006 SUBJECT: Approval of Improvement Agreement with the Lin Family and Sierra Land Development Corporation for Fallon Road - Dublin Boulevard to Central Parkway Report Prepared by: Melissa Morton, Public Works Dire~ ATTACHMENTS: I) 2) Resolution approving Improvement Agreement, together with Exhibit "A," Agreement Location Map RECOMMENDATION~ \ Adopt the resolution approving the Improvement Agreement with the Lin Family and the Sierra Land Development Corporation for Fallon Road - Dublin Boulevard to Central Parkway FINANCIAL STATEMENT: Sierra Land Development Corporation has provided bonds in the amount of $610,000 (Bond No. 7200I3S) to guarantee construction of the improvements. Sierra Land Development will also pay the cost of construction inspection. Once improvements have been constructed and accepted, the City will incur maintenance costs. DESCRIPTION: As part of the infrastructure for Dublin Ranch, the Sierra Land Development Corporation (for The Lin Family) has been constructing various roadway improvements that serve the Dublin Ranch project. This Improvement Agreement with the Lin Family and the Sierra Land Development Corporation is for constructing street improvements for Fallon Road from Dublin Boulevard to Central Parkway The improvements include curb and gutters, 34-foot wide pavement, storm drainage, water, street monuments, traffic signing and striping, and street lighting for the future southbound lanes. Initially, the improvements will be used for two-way traffic on the new alignment. The improvements do not include landscaping, walkways, median, or any future northbound lane improvements. COpy TO: Martin Inderbitzen, Lin's Attorney ITEM NO. ~.~ Page 1 of2 (;-\OFVF.l flP\Tlnhlin 'A'mw.h\lntTwdnIM11m\FAl1nn IlnAd {t'.IInin!o1~11IIhlin\\R___ iron Aort':tI fY11Kf~ ~ The Fallon Road improvements are designed to conform to the improvements that will be constructed with the City's 1-580/FaIlon Road Interchange Project and the Lin's project constructing Dublin Boulevard from Lockhart Street to Fallon Road and Fallon Road from Dublin Boulevard to 1-580. The Fallon Road improvements are designed not to be opened to traffic until the City's interchange project has been completed. The Phase 2 work for constructing the transition to the existing Fallon Road at Central Parkway will be included in the contract for the 1-580/FaIlon Road Interchange project. This Improvement Agreement describes the improvements to be constructed, requires bonding and insurance, and requires that right-of-way be dedicated to the City prior to the City's acceptance of the improvements. The improvement plans have been approved by City Staff. Staff therefore recommends that the City Council adopt the resolution approving the Improvement Agreement with the Lin Family and the Sierra Land Development Corporation for Fallon Road - Dublin Boulevard to Central Parkway Page 2 ofl /0-1-/3 RESOLUTION NO. .06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******.-. APPROVING mE IMPROVEMENT AGREEMENT WITH THE UN FAMILY AND THE SIERRA LAND DEVEWPMENT CORPORATION FOR FALWN ROAD - DUBLIN BOULEVARD TO CENTRAL PARKWAY WHEREAS. the Lin Family and the Sierra Land Development Corporation, the developers of Dublin Ranch, intend to construct certain roadway improvements to serve Dublin Ranch; and WHEREAS, the Lin Family and the Sierra Land Development Corporation have executed and filed with the City of Dublin an Improvement Agreement to install said roadway improvements for Fallon Road - Dublin Boulevard to Central Parkway in accordance with approved improvement plans; and WHEREAS, said Improvement Agreement is secured by a bond furnished by Developers Surety and Indemnity Company in the amount of $610,000 (Bond No 7200 13 S), conditioned upon faithful performance of said Agreement; and WHEREAS, said Improvement Agreement is secured by a bond furnished by Developers Surety and Indemnity Company in the amount of $610,000 (Bond No. 7200135), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; NOW, THEREFORE, BE IT RESOLVED that said Improvement Agreement, attached hereto as Exhibit "A", is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute said Improvement Agreement. PASSED, APPROVED AND ADOPTED this 18th day of July, 2006 AYES. NOES. ABSENT ABSTAIN: Janet Lockhart, Mayor ATI'EST Fawn Holman, City Clerk '1.4 . I 71!'t/ob ATTACHMENT J · . 'Ie! 13 . IMPROVEMENT AGREEMENT FALLON ROAD - DUBLIN BOULEVARD TO CENTRALP ARKW A Y lhis agrecmcnt is made and cntcrcd into this ISth day of July, 2006, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su-O-Lin (also known as Jelmifer Lin), Hong Licn Lin (also known as Frcdcric or Frcdcrich Lin) and Hong Yao Lin (also known as Kevin Un) ("thc Lins"), and Sicrra Land Dcvclopmcnt Corporation, a Cahfomia Corporation ("SIerra Land") (the Uns ami Sierra Land are heremafter referred t(l collectively as "OWNER"). RECITALS WHEREAS, thc Lins arc owncrs of certain land within the City of Dublin, knOWll as Dublin Ranch. Thc City has approved certain develupment projects in Dublin Ranch that requirc thc construction of the improvements that arc the subject of this Improvement Agreement. Sierra Land is a legal entity <:ontrulled by the Lms that the Lms prupose to use to construct the improvemcnts; WHEREAS, it has been determined by the CITY Council of the CITY ofDubhn, State of California, that OWNER desires to construct and dcdicate the following improve;nents (hereafter <:ollectlVely "The hnprovements"): Fallon Road, Dublin Boulevard to Central Parkway, including frontage curb & gutters, 34-foot widc pavement, storm drainage, water, street monuments, traffic signing & striping, and street hghting improvements. lhe Owner has requested that the City include, and the City bas agreed to include, the Phase 2 work for the transition betweenlhe old and tbe new Fallon Road, estimated at $70,OUO, in the I-5S0/Fallon Road Interchange project contract. Except for the Phase 2 work referred t(J above, the Improvements shall he constructed in accordancc with the following referenccd plans, which are hereby referrcd to for a more definite descnption ofthe work to be perfonned under this Agreement as though set forth at length herein; . Improvement Plans. Duhlin Ranch. Fallon Road - Dublin Boulevard to Central Parkway prepared by MacKay & Somps, consisting of 13 shcets, and signed by the City Engineer on April 19, 2006. . Joint Trench Composite & Electrolier Site Plan. Fallon Road - Dublin Boulevard to Central Parkway prepared by RGA Utility Consultants consisting of 6 sheets, and signcd by the City Engineer on April 19, 2006. WHEREAS, OWNER intends to satisfactorily complete Thc Improvements within the time hereinafter specified, and CITY intends to accept OWNER's offer(sl of dedication of right-of-way ami The Improvements in considcration for OWNER's satisfactory perfonnance ofthe tenns and conditIOns of thiS Agreement; WHEREAS, CITY has determined that The Improvements are a public works subject to Califomia prevailing wage requirements; JMPI{()VEMENT ACTREEMFNT Fallon Road, Central Parkway - Dublin Boulevard EXHIBIT A To the Resolution ~; {"' .{./~~ NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as {bllows: Section 1. Completion Time. OWNER will commence construction ofthe Phase 1 Improvements within ninety days following the date on which CITY executes this Agreement. OWNER shall complete the Phase 1 Improvements no later than 18 months following execution of this agrecment. The Phase 2 Improvements will be constructed as part ofthe I~580/Fallon Road Interchange project and arc not cxpected to be completed until late 2007. Section 2. Estimatcd Cost of Improvements. For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be $ 540,000 lor the Phase I Improvements and $70,000 for the Phase 2 Improvements per the Bond Estimate prepared by MacKay & Somps dated April 12, 2006. The Phase 2 Improvements are to be considered completc for this Agreement when included in the 1-580/Fallon Road Interchange project contract. Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation securcd. Section 3 Bonds Furnished. Prior to commencing construction of the improvements, OWNER (either the Lins or Sierra Land) shall furnish CITY with the following security in a form satisfactory to the CITY Attol11ey: a. Faithful Pcrformance. 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 hWldred percent (100%) ofthc estimates sct forth in Paragraph 2 and sutl1cient to assure CITY that The Improvements will be satisfactorily completed. b. kaborll!!.(j, Materials. Eilher a cash deposit, a corporate surety bond issued by a company duly and legally licensed 10 conduct a general surety business in the State of California, or an instrument of credit equivalcnt to one hundred percent (100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that OWNER'S contractors, subcontractors, !md 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 COnf0l111 to the provisions of Chapter 5 ofthe Subdivision Map Act. Section 4. Insurance Required. Prior to commencing construction of the improvemcnts, OWNER shall obtain or cause to he 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 foml, amount and carrier Prior 10 the commencement of work undcr this Agrecment, OWNER's general contractor shall ohtain or cause to be obtained and filed with the Administrative Services Director, all insurance IMPROVEMBNT AOREEMENT Fallon Road. Central Parkway . Dublin Boulovard Pag.e Z ofll . "1 of I/. required undcr this paragraph, and such insurance shall havc bccn approved by the Administrative Services Director of CITY, as to form, amount and carrier. OWNER shall not allow any contractor Dr suhcontractor to commence work on this contract or suhconlracl until aH insurance required for OWNER and OWNER's general contractor shaH have been so obtained and approvcd. 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 requircments hcrcin providcd shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance c:\!Tier a. Minimum SC9JlS'. of Insurance. Coverage shall be at least as hroad as: (I) Insurance Services Office form numbcr GL 0002 (Ed. 1/73) covering comprehensive General Liabilitv and Insurance Services Ollice IbnTI numher GL 0404 covering Broad Form Comprehcnsive General Liability; or Insurance Services Office Commercial General Liability coverage ("Dccurrence" form CG 0001.) (ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code I "any auto" and endorsement CA 0025 (iii) Workers' Compensation insurance as required by the Labor Code ofthc Slate of Cali ((,mia and Employers Liability Insurancc. b. Minimum Limits ofInsurance. OWNER shall maintain limits no less than. (i) Gcncral Liability' $1,000,000 combined single limit per occurrence for bodily inj ury, personal inj ury and property damagc. If commercial General Liability Insurancc or othcr 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 bc twicc the required occurrcncc limit. (Ii) Automobile Liabilitv. $1,000,000 combined single limit per accident for bodily injury and property damage. (iii) Workcrs' Compcnsation and Employe~s Liabilitv' Workers' compensation limits as required by the Labor Code of the State of Cali fornia and Employers Liability limits of $1,000,000 per accident. c. Deductibles and Self-Insurance Rekntions. Any deductiblcs or self-insured retentions must bc dcclared to and approvcd 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 employces; 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 bc cndorsed to contain, thc following provisions: IMPROVEMENT AGREEMENT FaUon Road, Central Parkway - l)1.,lhlin HoulevlI.rd Page 3 of 11 5of/6 (i) General Liability and Autolnobile Liabilitv Coverages. (a) .Ihe CITY, its officers, agents, officials, employees and volunteers shall be nanled as additional insureds as respecls; liability arising out ofaclivities per!()mled h) or on behalfofthc OWNER, products and completed operations of the OWNER; premises owned, occupied or used hy the OWNER, or automobilcs owned, leased, hired or borrowed by the OWNER. The coverage shall contain no special limitations on the scopc of the protection afforded to the CITY, its officers, officials, employees or volunteers. (b) The OWNER's insurance coverage shall be primary insurance as rcspcets the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained hy the CITY, its officers, officials, employees or volunteers shall be excess of the OWNER's insurance and shall not contribute with it. (e) Any failurc to eomply with reporting provisions of the policies shall not aflect coverage provided to the CITY, its officers, offieials, employees or volunteers. (d) The OWNER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (ii) Workcrs' Com.p..~!)"il.ation and Emolovers Liabilitv Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its offieers, officials, employees and volunteers for losses arising from work performed hy the OWNER for the CITY. (iii) All Covcrages. Each insurance policy required hy this clausc shall bc cndorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits ex(;ept after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. (al Acceptabilitv of Insurers. Insurance is to be placcd 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 el1h:ting coverage rcquircd by this clause. The certificates and endorsements for each insurancc policy are to be signed by a person authorized by that insurer to bind coveragc on its behalf The certificates and cndorsements arc to be received and approved by the CITY hefore IMPROVEMENT AGREEMENT Palllln Rmul Central Parkway - /)uhlin Boulcvan.l lJagc 4 of 11 60f /3 work commcnces. Thc CITY rescrvcs the right to rcquirc completc, 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 ccrtificates and endorsements for each subcontractor. All coverages I"r subcontractors shall bc subj ect to all of thc requirements stated herein. Section 5 Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items ofroutine maintcnance, ordinary wear and tear and unusual ahuse or neglect, OWNER guarantees all work cxccuted by OWNER and/or OWNER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attacbed to the work, or otherwise deliv"red to CITY as a part of the work pursuant to the Agr"ement, to be frcc of all defccts of workmanship and materials for a period of one (I) year after acceptance of the entire work by CITY OWNER shall repair or r"place any or all such work or material, together with all or any other wurk or materials which may he displaced or damaged in so doing, that may prove delective in workmanship or material within said one-year guarantee period without expense or chargc of any nature whatsoever to CITY OWNER further covenants and agrecs that when defects in design, workmanship and materials actually appcar during thc onc-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for the cOIT"cted items lur an additional year to insure that such dcfccts have actually hcen corrected. In the event thc OWNER shall fail to comply with the conditions ofthc forcgoing 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 th" right, bLLt shall not be ohligated, to repair or ohtain the r"pair of the defect, and OWNER sh..9.1l pay to CITY on dcmand all costs and expense of such repair Notwithstanding anything herein to the contrary, in the "vent that any defect in workmanship or material covcrcd by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safcty, or welfarc, CITY shall have the right to immediately repair, or cause to be rcpaircd, such defect, and OWNER shall pay to CITY on demand all costs and expens" of such repair. The forcgoing statement relating to hazards to health and safely shall he deemed to irlc1ude either temporary or permanent rcpairs which may bc rcquired as determined in the sole discretion and judgment of CITY If CITY, at its sole option, makes or causes to he made the necessary repairs or replacements or perfoUlls 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 exp"ns"s H,r overhead and interest at the maximum rate of interest pcrmitted by law accruing thirty (30) days from thc date of billing for such work or repairs. Scction 6. Inspection of the Work OWNER shall guarantee free access to CITY through its City Engineer and his designated representative lur the safe and convenient inspection ofthe 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, fmd all such materials and or work shall be removed promptly by OWNER and replaced to tile satisfaction of CITY without any expense to CITY in strict IMPROVEMENT AGREEMENT Fallon Ruad, Central Patkwuy - Dublin Doulevatd Pagc50fll 7()-((Z, accordance with the Improvcmcnts plans and specifications. Section 7 Agreement Assignment. OWNER shall not assign tllis Agreement without thc written consent of CITY, which consent shall not be unrcasonably withheld. Section 8. Abandonment of Work. Neithcr OWNER nor any of OWNER's agents or contractors are or shall be considered to be agcnts of CITY in cnnnedion with the 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 tll obtain completion of said work within such time, or if OWNER should bc adjudged as bankrupt, or should make a general assignment for the benefit of OWNER's creditors, or if a receiver should he appointcd, or if OWNER, or any of OWNER's contradors, subcontractors, agents or employces should violate any of the provisions ofthis Agreement, the CITY through its City Engineer may serve written notice on OWNER and OWNER's surcty or holdcr of other sccurity of breach of this Agreement, or of any portion, thereol; and default of OWNER. In the event of any such noticc ofbrcach of this Agrccmcnt, OWNER's surety shall have the duty to take over and completc The Improvements hcrein specified, provided, however, tlillt if the surety, within thirty 130) days after the serving upon it of such notice of breach, does not give CITY written noticc of its intention to take over the perfonnance of the contract, and does not commcncc pcrformance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the sanle to completion, by contract or by any other metllOd CITY may deem advisable, r,)r the account and at the expense of OWNER and OWNER's surety shall bc liable to CITY for any damages and/or reasonable and docl.llnented excess costs occasioned by CITY thereby; and, in such event, CITY, without liahility for so doing, may take possession of, and utilize in completing thc work, such materials, appliances, plant and other property belonging to OWNER as may be on the site of the work and necessary thereltw. 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 Dubhn, CA 94568 IMPROVEMENT ~GREEMENT hUon Ruad. Celltl'ul Parkwa'y - Dublin Buulevard Page 6 of 11 10(13 Notices required to be given to OWNER shall be addressed as fullows: Thc Lin Family c/o James Tong 4690 Chabot Drivc, Suitc 100 Pleasanton, CA 94588 Notices rcquircd to bc given surety of OWNER shall be addressed as follows: Gregory Pribyl The Insco Dico Group J I 00 Oak Road, Suite 260 Walnut Creek, CA 94596, California 94566 Any part) or the smety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. Concurrently with the execution of this Agreement, OWNER has executed and has caused to he acknowledgcd an abstract of this Agrecment. () WN ER agrees CITY may record said abstract in the OlliciaJ Records of Alameda Count) Section 10 Safetv 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 tlris Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices I except such safety items as may be shown on the plans and ineluded in the items of work) shall be removed from site ofthe work by the OWNER, and the entire site left clean and orderly. Section II Acceotance of Work and Easement. Upon notice of the completion of The Improvements and the delivery of a set of final as-built mylar plans with electronic me 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 speciHcations and this Agreement, shall recommend acceptance ofthe work to the City Council and, upon such acceptance, shall notifY OWN ER or his designated agents of such acceptance. Concurrently with the nutice uf cumpletiun, OWNER shall dedicate to CITY any right of way and easemcnts deemed necessary by the City Engineer for the maintenance uf The Improvements, and, at acceptance of the Work, CITY shall also accept thc right-of-way and maintenance easement dedication. The right ufway dedications shall be as shown on the Tentative Parcel Map 8734 attached herctu as Exhibit A. IMPROVEMENT 6,(TRhEMEN'I' Fallon Road, Central Parkway ~ Dllblin Houlcvard Pagt:: 7 uf 11 Section 12. 9 of !5 Patent and COPvright Costs. In the event that said plans and spccifications 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' fces and court costs, which may result from the use of said patented or copyrighted matcrial, process or publication. Section 13. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specificatiuns which are a part of this Agreement or any provision ofthis Agrcement shall not operate to release any surety or suretics from liability on any bond or bonds attached hereto and madc a part hcrcof, and consent to make such altcrations is hercby givcn, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of Cali fornia. Section 14 a. Liability OWNpR Primarilv Liable. OWNER hereby warrants that the design and construdion of The Improvements will bc pcrformed in a proper manner OWNER agrces to indemnifY, defend, release, and save harmlcss CITY, and each of its eledive and appointive boards, commissions, officers agents and employccs, 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 indepcndent contractors in cotUlection with OWNER'S actions and obligations hcreunder; provided as follows: Ii) That CITY does not, and shall not, waive any rights against OWNER which it may have by reason ofthe 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 aforcsaid hold harmless agreement by OWNER shall apply to all damagcs 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 bccn determined to be applicahk to any of such damages or claims for damages. b Design Defect. If a design defect in the work of Improvements becomes apparent during the course of construction, or within one (] ) year following aeccptance by tlle CITY of the Improvements, and said design defect, in the opinion ofthe CITY, may substantially impair the public health and safety, OWNER shall, upon order by the CITY, redesign the improvements as necessary tu correct said design defect and reconstruct the improvements as necessary to correct said design defect at his sole cost and expcnse, and the sureties under !he Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the correetive work required. IMPR.()VEMFNT AOR.EbMHNI" Fallon Road. Central Parkway. Dublin Boulevard Page 8 llf 11 /0 (' (I: c. Litigation Expenses. In thc cvent 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 enlbrce the tel111s of this Agreement, and, in the event judgment is entered in said action, thc prcvailing 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 providcd undcr Scction 3 Section 15 Right ofEntiY. CITY grants to OWNER a right of entry to enter upon the property within Fallon Road with such personnel, equipment, machinery, vehieles and materials as may be necessary lbr the sole purpose of construction of The Improvements pursuant to this i\greement. This right of entry shall be effective upon the date of this agreement and shall terminate on upon acceptance ofThc Improvements by the City There shall be no payment for the right of entry. OWNER's obligation to indemnifY, defend and hold CITY harmlcss, as dcscribcd in Scction 15, shall be applicable to any acts or omissions of OWNER, its contractors, subcontractors and agents, in connection with this right of entry Section 16. Indemnification and Waiver. OWNER shall defend CITY, its officers, employces and officials, against any claims or actions (including declaratory or injunctiw relief) concerning OWNER's construction of The Improvements on OWNER's property and shall indemnify and hold CITY harmless 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 Witll any applicable laws. SectiQIl"LZ Credit~. CITY shall providc a crcdit to OWNER for dedication of any right-ol~way needed for The Improvements if sLlch right-ol~way is neededlilr improvements describcd in the Eastern Dublin Tramc Impact l'cc. CITY shall provide a crcdit to OWNbR for construction of The Improvements if sLl"h improvements are described in the Eastern Dublin Trank Impact Fee and if such improvements are constructed in their ultimate location. All aspects of the above credits shall be governed by the City's Administrative Guidelines. The amount of the credits shall be identified in a Credit Agrccmcnt between the CITY and OWNER. Scction 18. Recitals. The forcgoing Recitals are tme and correct and are made a part hereof. [EXECUTION PAGE FOLLOWS] IMPROVEMENT A<.JREEMENT Fallon Road, Central Park Wily - DLJbliJl Douleval'd Pagc90fll '. Ilof/3 IN WITNESS WHEREOF, the parties hereto have executed this Agrccment in duplicate at Dublin, Califomia, th", day and year first abovc written. CITY OF DUBLIN OWNER. ATTEST: C'G By" Janet Lockhart, Mayor Date: By" .. Fawn Holman, City Clerk SIER AND DEVELOPMENT CORPORATION Date' ~.. Date: 1.f:"~~- 0 (, y Approved as to Fonu. Approved\ s to Form. Elizabeth II. Silver, City Attorney Marlin W Inderbitzcn, Attorney for Lin Family IMPRovEMeNT AGREEMENT F<'Illon Road. Central Parkway " Dublin BoulcVllrd Page 10 nf 11 .,,- ~ ;!: ~.., g 6 ftii ?-;!: Q~ ;;-< "-> ..,Cl ~ '" *t:1 ~ '" ~;!: '2 ~-< .: s. '" o o .. < . 2. r----y; ~ 1 / ~ , : i , , , I , , , , I J ! . ! ii. _,....,~EJ'R) PSE : ....- ~T ~ l-9.JoI.' : :llI" o.<<r.oil'E(Il} I I......!.-D'1Nt t ;i L-tM ; ~ : i ! ~ 1 , I ___~-.L_~ DET.AIT... 'A' '"'" ~ ~ a, co '-":>(100 n"~. ""........- .F'I"it- -' ~--;~. "t..... l[GOO: ,;' l..... -.....LK I~~ I 1,'Pll:I",\--\ -lWInLIE I $.ott' - \q:J. ,~ \ '*,\ --~1DIr1JF1IIIl" I I(JI;"JIW~J \~'lr.: \ "";;\ -DS!IIMLM: I 111m"1.......-r1.l1 I' \~\~~ ,~\----IDIMII"LIl I iiil.(J;i'T~'" [.~r;; ~ \ ~....\%\. !lfcnCfllBltswrMlSlllT J Cl.1D'~ 'i<::~-.:;;:~.-oI. ool.oIl.. \ IIDDBC!WFEII'/I.!lsm 1Fia..E~__'lI1ll1E /:::j~ \~ \ I- 1laU9IT'-~L:I:54:l !&" \~ \J. ~"''':.PFt ":l&'~7'lt'E ~ ~1S:-S4t2 25.:t:1 _.___ '~\ 1_ MX.EMIT r IIIJ'I'. Bi:UOI1 , ~ """"" /y IDS tl.ftll-&lllil;lllQSD'IICE5iP!m:T / <<. """" 'e' ./1' II II/oGE .... W. lI'I"LKII1AfiIEIT IHII IDUlllTl:IlDIMIlt I'S[( PIIIIlE!mII [fM Ei'iSEIIIIT "" """ P5E f'L&I::mKtfiI:iEIEIIT I'l -- (f-1) IU&D:E ~ om Il.D.S. JElXRlrlaMf 3X SIl*[W,Il!;l:!llDT " ~ u u ~ ~ u .'"'''' .... ..... ~ '" " .. '" ~ _lNLE ,.... "'" ,,,..,. N>"d ",..,. ....... 1.mm' !lmJIt' ,,,..,. ..- ''''''' .... ''''''' - "'" ...... ,- "'..,. """" ...' ,..,. 100" 200' -400' I\EFEllEllCEs: f~ll ~ne1,P:.2171W'!;,P8.f'l f;iI-~11J,I,CT101f{1,1l.m~,F1l.:i.l ~-31 urrLllIEI.DJI.S'I\EiII"W*.DEI,a:fffl'I':tf.TE(If WP..lI.Ia, tu. ~~. __.&f1~11 ('I-~I IWftlW:J.FlllE'1';\l-.l~, It; l~R.C-.t., M.. 31-&1 f!A!l.IS [If 1IEMIDB3: _lI/I9li~IItAf.llHlllMll'llEl'E",U:'IEL[. EETWESllJKlll9tJ:lM1M.1,TtOII9TmM;'FALUIt" .-o'IIIIIITD[,l.!UlroIBl'._QoUD~ CoOilCl.l..llTnFIU PIB..l:!lII3l::tS27 ZlJE3::F:lD ~F'OlI-ntlllUlEt$TIIIt!lIIoSIICI:lll 16'44':;1'JrtST. m X :I: Di =i )> " " PARCEL MAP 8734 A SUBDMSI~ Of PJoRCEl : 6 OF TRACT 72B: 113 ~LED IN BOo!( r/7 OF ~IPS, AT PAGES B2 lHROUGH aa, /liD RESULTIlIT PARCEL . A. Pl'R UA-05-06 aRll~CATE OF COMPUANCE RECORDED IN DOCU~ENT NO. 2005-5416 i1, !Ull.!EDA OOUf/iY RECOOOS CITY OF DU~ I<l.oIWEDA o:JUIIlY, OOFORIOA llACDJi.s0.5 ~~_lJOIl~ "~__P'l.~""'_:o<:II""""'" MLII,!JIIHUIlEDliII.IUIIEII.II:tUII"I'UJ::I:IU$. "\"""_I~'. 1_~"""_' JUNE 200<J 'SOJ4-1~ ~ '" -.." -- \j....' location Map 1-3 off?;. I , ~ SPORTS PARK FALLON ROAD - DUBLIN BLVD TO CENTRAL PARKWAY PROJECT .J , _.--~ -- .- ~ -----. -" -'y""" ---.- -- r OUBLIN BOULEVARO _ ._ _ .- - J OUBL: :LVD, LOCKHART ST .FALLON RD : AND FALLON RD TO 1.550 PROJECT FALLON ROAD 11.550 INTERCHANGE PROJECT ~-----.-. IflIi];E~>A."):j;;..I';II!l I o 00' , ., , O.:i! 0.3 04 .. '.n IMl.I 0.1 1 Inch equals 700 feet ATTAUDT ~