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HomeMy WebLinkAbout4.05 Dublin Blvd Street Improvements CITY CLERK File # D[E[Q][(}~OJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 18, 2006 SUBJECT Approval of Improvement Agreement with the Lin Family and Sierra Land Development Corporation to Construct Street Improvements for Dublin Boulevard from Loekhart Street to Fallon Road, and for Fallon Road ITom Dublin Boulevard to 1-5~O Repurt Prepared by- Melissa Morton. Public Worh Directur ATT ACIIMENTS: 1 ) Resolution approving Agreement, together with Exhibit "A", Agreement Location Map 2) RECOMMENDATION: 0/ 'l Adopt resolution approving the Improvement Agreement with the Lin Family and the Sierra Land Development Corporation to Construct Street Improvements for Dubhn Boulevard from Lockhart Street to Fallon Road, and for Fallon Road from Dubhn Boulevard to 1-580. FINANCIAL STATEMENT. Sierra Land Development CorporatIon has provided bonds in the amount of $3,580,000 (Bond No. 720012S) 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 custs. DESCRIPTION As patt of the infrastructure for Duhlin 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 Fanlily and the Sierra Land Development Corporation is for constructing street improvements for Dublin Boulevard from Lockhart Street to Fallon Road, and for Fallon Road from Dubhn Boulevard to 1-580. The Dublin Boulevard Improvements inelude 28-foot wide pavement in both travel dIrections, median curbs, stonn drainage, water, sanitary sewer, street monuments, traffic signing and striping, Jomt trench, and street lighting. Additional pavement, ellrb and gutter and traffic signals are included at the intersections of Dublin Boulevard/Lockhart Street and Dublin Boulevard/Fallon Road. The Fallon Road improvements IUclude the frontage curb and gutter, 70-foot wide pavement, stonn drainage, water, __________________________________w______~_____________________ COPIES TO: Marty Indcrbitzen, Lin's Attorney ITEM NO. ltC) Page 1 of2 g:\devt=lop\duhlin ranch\infrastructure\dubJin blvd (lockhlirl-fallurtl\ngst imp agree.doc samtary sewer, street monuments, traffic sIgning and striping, joint trench, and street lighting. The Improvements do not inelude landscapmg, walkways and frontage improvements. The Fallon Road improvements are designed to conform with the improvements to be constructed as part of the 1-580/Fallon Road Interchange Project. Dublin Boulevard and Fallon Road would not be opened to tramc until the Interchange Project is completed. The Phase 2 work for constructing the transItion to the existmg roads will be meluded in the contract for the I-580/Fallon 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 acceptatlCe of the 11l1provenlents. The Improvement plans have been reviewed by City Staff. Staff therefore reconnnends that the City Council adopt the resolul1on approving the Agreement with the Lin Family and the Sierra Land Development Corporation to Construct Street Improvements for Dublin Boulevard from Lockhart Street to Fallon Road, and for Fallon Road from Dublin Boulevard to I-580. Page 2 of2 I ~,f J. {.,. f...~ RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING THE IMPROVEMENT AGREEMENT WITH THE LIN FAMILY AND THE SIERRA LAND DEVEI,OPMENT CORPORATION FOR DUBLIN BOULE V ARD FROM LOCKHART STREET TO FALLON ROAD AND FOR FALLON ROAD FROM DUBLIN BOULEVARD TO 1-580 WHEREAS, the Lm Family and the Sierra Land Development Corporation, the developers of Dublin Ranch, intend to construct certain roadway improvements to serve Dubhn Ranch; and WHEREAS, the Lin Family and the Sierra Land Development Corporation have executed and filed WIth the City of DuhIin an Improvement Agreement to install said roadway improvements for Dublin Boulevard from Lockhart Street to Fallon Road and for Fallon Road from Dublin Boulevard to 1-580 in accordance with the approved improvement plans; and WHEREAS, said hnprovement Agreement is secured by bonds furnished by Developers Surety and Indemnity Company in the amount of $3,580,000 (Bond No. nOOl2S), conditioned upon faIthful perfonnance of said Agreement, and WHEREAS, said Improvement Agreement IS secured by bonds furnished by Developers Surety and Indemnity Company in the amount of $3,580,000 (Bond No nOOl2S), conditioned upon payment for labor perfomled 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 CNmcil to execute said Improvement Agreement. PASSED, APPROVED AND ADOPTED (his l8th dayofJuly, 2006. AYES: NOES. ABSENT ABSTAIN. JatletLockhart,Mayor ATTEST 4.5 7/h;/06 Fawn Holman, City Clerk ATTACHMENT I. ;; ~, / I.:' IMPROVEMENT AGREEMENT DUBLIN BOULEVARD FROM LOCKHART STREET TO FALLON ROAD AND FALLON ROAD FROM DUBLIN BOULEVARD TO 1-580 This agreement is made and entered mto thiS 18th day of July, 2006, by and between the CITY of Dublin, a municipal corporation, herem after referred to as "CITY", and Chang Su"O-Lin (also known as Jennifer Lin), Hong LIen Un (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known as Kevm Lll1) ("the Uns"), and Sierra Latld Development Corporation, a California CorporatIOn ("Sierra Land") (the Lins and Sierra Land are hereinafter referred to collectively as "OWNER"). RECITALS 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 ofthis Improvement Agreement. Sierra Land is a legal entity controlled by the Lins that the Lins propose to use to construct the improvements; WHEREAS, Jt has been determined by the CITY Council ofthe CITY of Dublin, State of California, that OWNER desires to construct and dedicate the following improvements (hereafter colleetJvely "The Improvements"): Dublin Boulevard, Lockhart Street to Fallon Road mellldmg 28-foot wide pavement in both travel directions, median curbs, storm drainage, water, sanitary sewer, street monuments, traffic signing & striping, joint trench, and street lighting improvements. Additional pavement, curb & gutter and traffic signals are included at the intersection of Dublin BoulevardILockhart Street and Dublin Boulevard/Fallon Road. The Improvements also include Fallon Road, Dublin Boulevard to 1-580 including the western frontage curb & gutter, 70-foot wide pavement storm dramage, water, sanitary sewer, street monuments, traffic signing & striping, joint trench, and street hghting improvements. The Owner has requested that the City inelude, and the City has agreed to in elude, the Phase 2 work for the transition between the freeway proj eet and the new Fallon Road, estimated at $80,000, in the 1-580/Fallon Road Interchange project contract. Except for the Phase 2 work referred to above, the Improvements shall be constructed in accordance With the following referenced plans, winch are hereby referred to for a more definite description ofthe work to be perfonued under this Agreement as though set forth at lengtb herem, . Improvement Plans. Dublin Ranch, Dublin Boulevard. Lockhart Street to Fallon and Fallon Road to 1-580 prepared by MacKay & Somps, consisting of 18 sheets, and signed by the City Engineer on Aptil 19, 2006. . Joint Trench Cumposite & Electrolier Plan, Dublin Boulevard, Luckhart Street to Fallon and Fallon Road to 1-580 prepared by RGA Utility Consultants consisting of6 sheets, and signed by the City Engineer on April 19, 2006. . Dublin Boulevard at Lockhart Streel Traffic Signal Improvements prepared by TJKM Transportation Consultants consisting of 6 sheets and dated May l6, 2006. . Fallon Road at Duhlin Buulevard Traffic Signal Installation prepared by TJKM Transportation Consultants consisting of 6 sheets and dated March 2, 2006. IMPROVEMENT AGREEMENT Dublin Duule...a.t'd, Lockhart St 10 Fallon Road ana )-iallon Rood to 1-580 EXHIBIT A To the Resolution ?'O f! "2. WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication ofright~of-way and The Improvements in consideration for OWNER's satisfactory performance of the terms atld conditions of this Agreement; WHEREAS, CITY has determined that The Improvements are a public works subject to California prevailing wage requirements; NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein eontained, the parties agree as follows: Seetion I Completion Time. OWNER will commence construction of the Phase 1 Improvements within ninety days following the date on which CITY executes this Agreement. OWNER shall complete the Phase 1 Improvements except for the truJ'fie signal improvements no later than 2 years following execution of this agreement. The Traffie Signal Improvements will not be considered for CITY acceptanee until the Phase 2 Improvements are complete. The Phuse 2 Improvements, that are to be constructed as part of the I- 580/FalIon Road Interchange project, are not expected to be completed unlillate 2007. Section 2. Estimated Cost of InlProvements. } or purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be $ 2,620,000 for the Phase 1 Improvements, $8!W,000 for the Traffic Signal Improvements and $80,000 for the Phase 21mprovernents per the Bond Estimate prepared by MacKay & Somps dated April 12,2006. The Phase 2 Improvements are to be considered complete for this Agreement when ineluded in the I- 580/FalIon Road Interchange project contract. Said amounts include costs and reasonable expenses and fees which may be incurred in enforeing the obligation secured. Section 3 Bonds Furnished. Prior to eommeneing 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 AHomey: a. Faithful Perfornlan.ce. Either a eush deposit, a corporute surety bond issued by a company duly and legally licensed to conduct a general surety business in the State nf California, or an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in ParUb'faph 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 (l 00%) 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 IMP]"'VBMENT AGREEMENT Dublin Bouleva.rd, Lockhart St to Fo.(]on Road al)d Fallon ROi'ld to I.';;"go Page 2 onI 1-10(/2, CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conf(lrm to the provisions of Chapter 5 of the Subdivision Map Act. Section 4 Insurance Required. Priur to commencing construction of the improvements, OWNER shall ubtain ur cause to be obtained and filed with the CITY, all insurat1ee required under this paragraph, at1tl such insurance shall have been approved by the Administrative Services Director of CITY, or his designee, as to form, atnUUllt atId carrier. Prior to the e(lmmCnccment of work under this Agreement, OWNER's general contractor shall obtain or cause to be obtained and tiled with the Administrative Services Director, all insurance required llllder this paragraph, at1d such insurance shull have been approved by the Administrative Services Director of CITY, as to form, anl0unt and carrier. OWNER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insuranee required tor 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 aceeptanec thereof by CITY All requirements herein provided shall appear either in the body of the insuranee polieies or as endorsements and shall speeifieally bind the insurance earrier. a. Minimum Scope uf Insurance. Coverage shall be at least as broad as' (i) Insurance Services Office fOml number GL 0002 (Ed. 1/73) covering comprehensive General Liability and lnsurat1ce Services Office form number Gt 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercia) General Liability eoverage ("occurrence" form CG 0001.) (H) InsuratIee Serviees Office fonn number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025 (Hi) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. b. Minimum Limits of hI sura nee. OWNER shall maintain limits no less thall: (i) General Liability. $1,000,000 combined single limit per occurrence for bodily injw)', personal injury aIld property damage. If commercial General Liability Insuranee or other form with a general aggregate limit is used, either the general agb'Tegate limit shall apply separately to this project/locution ur 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 propClty damage. (iii) Workers' Compensation and Emolovers Liability. . Workers' compensation limits as requircd by the Labor Code oftbe State of California and IMI'ROVEM~NT AI.iHhRMHNT Dublin Boulevard, Locldl,u1 5t to Fallon Rnad and Fallon Road to 1.58f1 Page 3 of II j or /3 Employers Liability limits of $1 ,000,000 per accident. c. Deductibles and Self~Insurance Retentions. Any deduetibles or self-insured retentions must be deeIared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deduetibles or self-insured retentions as respects the CITY, its omcers, officials and employees; or the OWNER shall procure a bond guaranteeing payment ofIosses and related investigations, eIaim administration and defense expenses. d. Other Insurance Provisions.. The polieies are to contain, or be endorsed to contain, the following provisions: (i) General Liability and Automobile Liabilitv Coverages. (a) The CITY, its officers, agents, officials, employees atld volunteers shall benatned as additional insureds as respects: liabilit) arising out of aetivitics 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 CITY, its officers, officials, employees or volunteers. (b) The OWNER's insuranee 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 omcer~, officials, employees or volunteers shall be excess of the OWNER's insuranee and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not alTeet coverage provided to the CITY, its officers, officials, employees or volunteers. (d) The OWNER's insurance shall apply separately to each insured against whom eIaim is made or suit is hrought, except with respect to the limits ofthe insurer's liability (ii) Workers' ComDep.sation and EmDlovers Liability Coverage. 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 Coverages. Each insurance policy req uired by thi s eIause shall be endorsed to state that coverage shall not be suspended, voided, eatlcelled by either party, reduced in coverage or in Iinnts except after thirty (30) days' prior written notice by IMPI{OVEMhNT A{lR~HMENT Duhlin Hnull::vard, I ,ockhart ~t to I"alloll Road llnd PaBun Road (u 1-580 Pu.!;e4ofll 61'+/2 certified mail, return receipt requested, has been given to the CTTY. (a) Aeceotability of Insurers. Insurance is to be placed with insurers with a Bests' ratingofnu less than A:VlI. (b) Verification uf Coverage. OWNER shall furnish CITY wilh certificates of insurance and with original endorsements effecting eoverage 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. TIle 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. lc) Subcontractors. OWNER and/or OWNER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certilkates and endorsements for each subcuntractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Seetion 5 Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, OWNER guarantees all work executed hy 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 wurk pursuant to the Agreement, to be free of all defects of workmanship lUld materials for a period of one t1 ) 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 datnaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge 0 f lUly nature whatsoever tu CITY OWNER further cuvenants and agrees thut 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 ufthe defect in writing, CITY shall have the right, but shall not be obligated, to repair or ubtain the repair of the defect, atld OWNER shall pay to CITY on demand all costs atId expense of such repair. Notwithstanding anything herein to the contrary, in the event that My defect in workmatlsmp or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard tu lhe 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 Oil delllatld all costs and expense of such repair. The foregoing statement relating to hazards to health atId safety shaH be deemed to inelude either temporary or permanent repairs which may be required aq determined in the sole discretion atldjudgment of CITY If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or IMPf.tt)yEMI7NI' AcHtEEMENJ' Duhlin HOldCV/lrd, l.ockhart ~t to hll(111 Rnad and falJ<m Road to 1-580 Page 5 of 11 r-, 0 0 tJ /- /;:: 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 aIld expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date ofbiIIing for such work or repairs. Section 6. Insneetion of the 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, atld 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 und specifications. Seetion 7 Allreement Assignment. OWNER shall not assign this Agreement without the written consent ofClTY, which consent shall not be unreasonably withheld. Section 8. Abandonment of Work. Neither OWNER nor any of OWNER's agents or contractors are or shall he considered to be agents of CITY in connection with the performance of OWNER's obligations undcr this Agreement. If OWNER refuses or fails to obtain prosecution of the work, or allY severable part thereof, with such diligenee 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 henefit of OWNER's crcditors, or if a receiver should be appointed, or if OWNER, or any of OWNER's eontractors, 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 und OWNER's surety or holder of other seeurity of breach ofthis Agreement, or of any portion, thereof, and default of OWNER. In the event of allY such notice of breach of this Agreement, OWNER's surety shall have the duty to take over and eOlnplete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take (lVer the work and proseeute the same to completion, by contraet or by allY other method CITY may deem advisable, for the aecount and at the expense of OWNER atld OWNER's surety shall be liable to CITY for any damages and/or reasonable atId doeumented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing tlle work, such materials, appliances, plunt 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, IMPRoVEMENT AnRREMtNT Duhlin Bnulcvard. Lockhart St to Fallon Road and Fallon ({oad to T-'58(/ Page 6 of 11 S,:,{ I~- postage prepaid. Notices required to be given to CITY shall be addressed as follows: Mark I,ander, City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to OWNER shall be addressed as follows: The Un Family c/o James Tong 4690 Chabot Drive, Suite 100 Pleasanton, CA 94588 Notices required to be given surety of OWNER shall be addressed as follows: Gregory Pribyl The Insco Dico GTOUp 3100 Oak Road, Suite 260 Walnut Creek, CA 94596, California 94566 Any party or the surety may change such address by notiee in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. Concurrently WitlI the cxeeution of this Agreement, OWNER has exeeuted atld has caused to be aeknowledged an abstract of this Agreement. OWNER agrees CITY may record said abstract in the OHicia] Records of Alameda County Section 10. Safety Devices. OWNER shall provide and maintain such guards, watebmen, fences, barriers, regulatory signs, warning lights, atld other safety devices adjacent to and on the site of The Improvements as may be neeessary to prevent accidents to the publie and damage to the property. OWNER shall furnish, place, aI1d 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 platls and included in the items of work) shall be removed from site of the work by the OWNER, atld 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 final as-built mylar plans with electronic me to ClTY by OWNER, CITY, through its City Engllleer or his designated representative, shall exmnine the work without dclay, atld, if found to be in accordance with said plans and specifications at,d this Agreement, shall recommend acceptance of tile work to the City Council and, IMP"()VEMENT ",REEMENT Dublin Bf1ul~va.rd, ulckhart St to I"allnn Road end FlllloJl Road to J.580 .Page 7 ofll 1c-I'P upon such aeceptatICe, shall notify OWNER or his designated agents of such acceptance. The City intends to accept the Traffic Signal Improvements at a later date than the remainder of the Phase llrnprovements, Concurrently wjth the notice of eomplction, OWNER shall dedicate to CITY any right of way atld easements deemed necessary by the City Engineer for the maintenatlce of The Improvements, and, at acceptance of the Work, CITY shall also accept the right~of-way and maintenatlce easement dedication. The right of way dedications shall be as shown on the Tentative Parcel Map 8734 attached hereto as Exhibit A. Section 12. Patent and CODvright Costs. In the event that said plans and speeifications require the use of any material, process or puhlication which is subject to a duly registered patent or copyright, OWNER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, ineluding attomeys' fees and court costs, which may result from the use of said patented or copyrighted material, process 9r publication. Section 13 Alterations in Plans and Snecifications. Any alteration or alterations made in the plans and specifications which are a purt 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 sueh alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code oftlle State of California. Section 14 Liability a. OWNER Primarilv Liable. OWNER hereby warrants that the design atId construction of TIle Improvements will be performed in a proper manner. OWNER agrees to indemnify, defend, release, and save harmless CITY, and each of its eIeetive and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, datnages, 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 tile insurance policies described in Paragraph 3 hereof. (ii) That the aGlfesaid hold harmless agreement by OWNER shall apply to all datnages and elaims for datnages of every kind suffered, or alleged to have been suflered, 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 regurdless of whether or not such insurance policies shall have been determined to he TMPROVEMENT 4GREEMENT Duhlin Bllulevard, Lockhart Sllo rallotl Row.l and foallorl Road to 1~580 Page8ot"11 b. c. Section l5 / /J (d' ,::-. applicable to any of such datllages or claims for damages. Design Defeet. If a design defect in the work ofTmprovements 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, redesign the improvements as necessary to cnrreet said design defect and reconstruct the improvements as necessary to correet said design defect at his sole cost and expense, and the sureties under the Faithful Perfonuance and Labor atld Materials Bonds shall be liable to the CITY for the corrective work required. Lhh:ation EX11enses. In the event that legal action is instituted by either party to this Agreement, and said action seeks datnages 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 tlle bonds provided under Section 3 Right of Entrv. CITY grants to OWNER a right of entry to enter upon the property within Fallon Road AND Dublin Boulevard with such personnel, equipment, machinery, vehicles and materials as may be neeessary for the sole purpose of eonstruetion of The Improvements pursuant to this Agreement. This right of entry shall be effective upon the date of this !lb>reement and shall tenninate on upon acceptance of The Improvements by the City. There shall be no payment for the right of entry. OWNER's obligation to indenmifY, defend and hold CITY harmless, as described in Section 15, shall be applicable to any acts or omissions of OWNER, its contractors, subcontractors and agents, in connection with this right of entry Section 16. Indenmifieation 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 harmless from any damages, charges, fees or penalties that may be awarded or imposed against CITY and/or OWNER in conneetion with, or on account of, OWNER's construction of The Improvements and/or CITY's failure to enforce or comply with any applicable laws. Section 17 Credits. CITY shall provide a credit to OWNER for dedication of <Illy right-of-way needed for The Improvements if such right-of-way is needed for improvements described in the Eastern Dublin 'frank Impact Fee. CITY shall provide a credit to OWNER for construction of The Improvements if such improvements are described in the Eastern Dublin Traffic Impact Fee and if such improvements are constructed in their ultimate location. IMPROVEMENT AGREHMENT Dublin Boulevard, Lockhart St to Fa,lInn Road and Fallon Road to T-5Ru Page 9 of II // of' /,-:' All aspects ofthe above credits shall be governed by the City's Administrative Guidelines. The amount of the credits shall be identified in a Credit Agreement between the CITY and OWNER. . Section 18. Recitals. The foregoing Recitals are true and correct atld are made a part hereof. [EXECUTION PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplieate at Dublin, California, the day atId year first above written. By: Fawn Holmatl, City Clerk OWNER. /3/::___.rl-1!7?4 .z:,~ Date: ?/.ro C C~':;::-9iLin (a1.so k,noAVn_as Jennifer Lin) go? r- r<-"'~r-r %Y" -.tL.,Ld'~IfArt'J)"7- Date: &-U-CJ C ~ )tn ~~'J,J~..4frederich or Frederic Un) ~ &';- Date: b ,/.1'-0 , Hong 1>>0 Un (al 0 knO"lll a Kevin Lin) ch ~ .,4 <f /4y" CITY OE DUBLIN: By' Janet Lockhart, Mayor Date: ATTEST Date. LAND DEVELOPMENT CORPORATION Date: ,{'-:J-f ~ c>"~ James ng, Secretary I , Approved as to Form. Approve as to rorm. Elizabeth H. Silver, City Attorney Martin W Inderbitzen, Attorney for Lin Fatnily IMPROVEMENT AGREEMENT Page 10 "fll Dublin Boulevard, Luckhart St to fll.llotl Road aDd l-'allrm \.:.oad tel VilW "'- ~ :s: O-~ 5"6 "'< ~~ " !J1 ,p>-:l hi'; ~~ r.;;~ ;:!J1 ~-l '" g 6' p ~ ~ "- ~ !j' 6' l'. c ~ 00 '" ." . '" " ~ '" ....., ~ v- ---, .------- ~if~, , , \-...;1\ " ..... IEGEJIl, --.. -""'-.. .."'" ..... - ... """ - ~ ~ ,,,... " """' """ " """' w.,. ~ ''''''' '" ...' ~ "'" 'h i f':- 1 :~ Jl-I~ I:: 1'- I: I: l:l~ ,~ \: \-:\1; ~~~LS~lt 'B~_F'I'E "l/fNLS5+12: ....- .-. ....... [I.lW..SIIIIMJI'-!IIM&IEI'FET .... - "'".- _m_ IIIMlEsnJII;lIli;WEiUJOl """ """"""'''''''''' "" -.... 11l-1t ItJ"IIIIIU ~ ""- IUl.S.. ED& ~:uMT U :Sa:ftIMIIIEM!III!lJ , , , i I I '....... I~IOJ:IJ' ''-' !'" 1< I"' I~ 10 I"" 1a-ww-4l'" !~l~ d~ i \ i "'iI ' ~ , I . D!:rAIL 'A' c.... "'" ...".... 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'\""""'E~"- I~~"':" -- / ~ _ ~ ~~.: \ ABAmONIlENT NOTE: . ~""""'TIf I rvB.P.IITl.(l.Nlll[t.El.lIECt1IJ1Ko13!il~) I:FTE:!lBll'itlIIIlW.c'l', TI:I: Flllt'!llSI:FmS ~ ~ "1IW..I.mmnurE.1HE~:wrnEIIT.IlIEIY"TIaE~~I:FTlltFll..l-"ll!1lE u""'~. -g;,e i P ::.o.5:BB1ll!lnllt.lTlE~O=1IUS'.'II2.W,,l.8~TtItEt:rrrtf'lJ.8UN: \~ _nl ~ ~ I 1.I'I,IIUC.sneR.MIl~EASElHTFlJl.UJ:QWIrSTTU1,MFS:IiWlJl1lIXlUl9ll" ,),ttJ_. II~I :!&II811l..2l:IM2!iW'Il. \ DUUlI"I'IBII ".\4:rl" I :z.. =.,. ~ ~ ~~:wser I'DI III:lIilZI ~;DS.04 ~ lJII , p,l..o:'...[J.. "- 2':lIH 3. S"*IIIMlUfaI!IITJIt.lEDJIDfDlIl-tlUlEnfllSl.lE:!lIll. 2ftIIU18ii:t1, ..... .w '~5--;)6 :!S. / ~. twl1C U1m.;;f MB&T AS fCIID3] 1M W3IEII[ !ZIUElI !D. ~llllfm. jI,IIJ -..... 1Fi'-~1 // 5. 'I1Ie'TEll'(fllllt-tMlJl.lrlE1W..EaI.lE EAIBDilI]fiJ;PM:l:ELJ-.!, 3J.11l~ tF'&IU:fIIi\.:lLlW" .............DI:TAlL 'B'",-'" Ll':I-.DIoMJIPMtB.ll.II!I~II[tm..::MT-E8'II9I1l_~. 1m: lILL/ilIle>>![E[I [:!J.I...lEDI,CQQI1"iUUlm. ~_'J_""'" ,..'~I _ l':I,'I5lO'o''''-''_'J1'-5'\~I~ """,.. -.... A SUBIlMSlON OF PARCEt: 1 0 OF TRACT 72lll IS RlED IN BOOK 177 Of UWS, AT PAGES B2 TtmOUGH 88, /HI! RESULTIINr PARCB. . A" PER llA--1J5-0Ii CERllRDlTI OF CO~I'i1'fiGE RH:ORDED IN DOCUIIENT NO. 2005-541611, AWlID\ COUmY RECORllS CITI' OF DlIBUIl AlAWEOA c()UIffi', CAlJf1)RtfA IlAtDJi:SOM ..... ~ ~ L...,""-"- ~ 11l1ll_-..ou-.a.._Iml___ o ~ , , I . ~i'5"IIQ'. i.r---......F~lIO.Ill.aT"I'Cf"l1ELJl I SBIES :lfa. 2l:D3Xli09J ~ SHEEr2t:f'2. JUNE 2000 1-B03-C-l4 Location Map /301"'/3 t I t "' I I l- , , - - __ _ I IU SPORTS PARK I. FALLON ROAD - DUBLIN BLVD )\. . CENTRAL PARKWAY PROJECT \ \ , I I DUBLIN BLVD, LOCKHART ST TO FALLON RD AND FALLON RD TO 1-580 PROJECT FALLON ROAD II.sao INTERCHANGE PROJECT DUIILIN eOULEVARD I~"J:A~-"R~ ...............-------~- -...............- ................ I o 0115 '" 0..2 0.3 1 Inch equals 700 feet M os S.8 '~.!rrAuLDif2..