HomeMy WebLinkAboutReso 17-07 Schaefer Ranch Tr 6765 Improvements
RESOLUTION NO. 17 - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING THE FINAL MAP AND IMPROVEMENT AGREEMENTS
ASSOCIATED WITH TRACT 6765, SCHAEFER RANCH
(SCHAEFER RANCH HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY)
WHEREAS, the Final Map for Tract 6765, in the incorporated territory of the City of Dublin,
State of California, has been presented to this City Council for approval, all in accordance with provisions
of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and
WHEREAS, the Planning Commission adopted Resolution No. 98-38 on August 11, 1998,
approving the Vesting Tentative Map, and the Planning Commission adopted Resolution No. 06-16 on
June 27, 2006, and the City Council adopted Ordinance No. 11-06 on August 1, 2006, respectively,
approving the Site Development Review for Tract 6765, subject to Conditions of Approval regarding
required on-site/off-site improvements (P A 06-031); and
WHEREAS, Schaefer Ranch Holdings, LLC, a California limited liability company, has executed
and filed with the City of Dublin four (4) separate Improvement Agreements to install improvements:
1. Phase 1 Improvements (extension of Dublin Boulevard and Schaefer Ranch Road);
2. Phase 2 Improvements (site improvements and internal streets);
3. Off-site Improvements (intersection improvements at Dublin Canyon Road/Schaefer Ranch
Road and the widening of Dublin Boulevard between Hansen Drive and Silvergate Drive); and
4. Landscape Improvements (entry features and streetscape)
within the said Tract in accordance with the Planning Resolutions, Final Map of said Tract 6765, and in
conformance with the tract improvement plans and the specifications attached thereto; and
WHEREAS, said Improvement Agreements are secured by bonds in the amounts of
$3,508,900.00 (Bond No. 104757057) for Phase 1 Improvements, $13,175,100.00 (Bond No. 104757058)
for Phase 2 Improvements, $4,364,500.00 (Bond No. 104757059) for Off-site Improvements, and
$1,365,900.00 (Bond No. 104757060) for Landscape Improvements, issued by Traveler's Insurance
Company, conditioned upon faithful performance of said Agreement; and
WHEREAS, said Improvement Agreements are secured by bonds in the amounts of
$3,508,900.00 (Bond No. 104757057) for Phase 1 Improvements, $13,175,100.00 (Bond No. 104757058)
for Phase 2 Improvements, $4,364,500.00 (Bond No. 104757059) for Off-site Improvements, and
$1,365,900.00 (Bond No. 104757060) for Landscape Improvements, issued by Traveler's Insurance
Company, conditioned upon payment for labor performed or materials furnished under the terms of said
Agreement;
Reso No. 17-07, Adopted 2/20/07, Item 4.6
Page 1 of2
NOW, THEREFORE, BE IT RESOLVED that the Council incorporates herein as findings the
discussion regarding CEQA compliance and general plan conformance described in the December 21,
2004, Agenda Statement (Item 8.1) to the Council regarding Schaefer Ranch.
BE IT FURTHER RESOLVED that said Agreements and bonds are hereby approved, and that
the Mayor is hereby authorized by the City Council to execute the four Improvement Agreements,
attached hereto as Exhibits "A." "B." "C." and "D."
BE IT FURTHER RESOLVED that the Final Map of Tract 6765 is hereby approved; and that
rights to the areas marked as Dublin Boulevard; Schaefer Estates Circle, Reimers Way; the areas marked
as the following Courts: Bear Canyon, Kelly Canyon, Lilly Pad Lake, Marshall Canyon, Red Hills,
Reimers, Ridgeline, Schaefer Estates, Schaefer Heights and Wild Horse; the areas marked as the
following Drives: Kelly Canyon, Marshall Canyon, and Ridgeline; the areas marked as the following
Places: Kelly Canyon and Ridgeline; the areas marked as the following Roads: Schaefer Heights, and
Schaefer Ranch; and the areas ofland marked as the following Parcels: 'T-1,' 'T-2,' and 'W;' and those
strips of land marked as Public Service Easement (P.S.E.), Storm Drain Easement (S.D.E.), and
Emergency Vehicle Access Easement (E.V.A.E.), offered for dedication to public use in conformity with
the terms of dedication be, and they are hereby accepted subject to improvement; and that the Clerk of this
City Council be and is hereby directed to transmit said Map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 20th day of February, 2007, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ; \
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, City Clerk
Reso No. 17-07, Adopted 2/20/07, Item 4.6
Page 2 of2
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
IMPROVEMENTS FOR TRACT 6765 - PHASE 1, SCHAEFER RANCH
(SCHAEFER RANCH HOLDINGS, LLC)
This Agreement (Agreement) is made and entered into this 20th day of February, 2007,
by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY",
and Schaefer Ranch Holdings, LLC, a California Limited Liability Company (hereinafter referred
to as "DEVELOPER").
RECITALS
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain public
improvements (hereafter "The Improvements") shown on Tract 6765, in accordance with the
requirements and conditions set forth within the City of Dublin Planning Commission
Resolution No. 98-38 (PA 96-037), adopted on August 11, 1998, and Planning Commission
Resolution No. 06-16 (PA 06-031), adopted on June 27, 2006, and City Council Ordinance
No. 11-06 adopted on August 1, 2006; the requirements of the Subdivision Map Act of the State
of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and
specifications for said development approved by the City Engineer as follows:
· "Gradinq Plans - Phase 1, Schaefer Ranch, Tract 6765. Dublin, California" (1 9 Sheets:
1-19), prepared by PIA Design Resources, Inc. Approved on 4/6/06.
· "Geotechnical Corrective GradinG Plans - Phase 1, Schaefer Ranch, Tract 6765,
Dublin, California" (15 Sheets: G1-G15), prepared by Engeo Incorporated. Approved on
4/6/06.
· "Erosion Control Plans - Phase 1, Schaefer Ranch, Tract 6765, Dublin, California" (5
Sheets: E1-E15), prepared by Engeo Incorporated. Approved on 4/6/06.
· "Tract 6765 Improvement Plans - Phase 1, Schaefer Ranch, Dublin, California" (43
Sheets: 1-43), prepared by PIA Design Resources, Inc. Approved on 12/5/06.
And those certain plans and specifications for said development currently under review
and tentatively approved by the City Engineer, and subject to such revisions as may be made to
the plans prior to the City Engineer's final approval, as follows:
· Traffic Siqnal Plans for Dublin Boulevard/Schaefer Ranch Road, Tract 6765, Dublin,
California
· Joint Trench Improvement Plans, Schaefer Ranch, Schaefer Ranch Road and Dublin
Boulevard, Phase 1 - Tract 6765, Dublin, California
· Street LiGht Improvement Plans, Schaefer Ranch, Schaefer Ranch Road and Dublin
Boulevard, Phase 1 - Tract 6765, Dublin, California
· Landscape Improvement Sleevinq Plans, Schaefer Ranch, Schaefer Ranch Road and
Dublin Boulevard, Phase 1 - Tract 6765, Dublin, California
· East Bav Reqional Park District (EBRPD) StaqinG Area Plans
IMPROVEMENT AGREEMENT
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Said plans are now, or, if not yet finally approved, will be, on file in the office of the Public
Works Director/City Engineer, and are hereby referred to for a more definite and distinct
description of the work to be performed under this Agreement as though set forth at length
herein; and
WHEREAS, CITY has determined that The Improvements are a public works project
subject to California prevailing wage requirements;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication
of right-of-way and The Improvements in consideration for DEVELOPER's satisfactory
performance of the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
Section 1 (a). Desiqn Plans.
DEVELOPER shall submit final plans and specifications (construction documents) for the
plans and specifications identified as currently under review to the CITY for review within 90
days of the execution of this Agreement and shall obtain CITY approval of the final plans and
specifications for the Improvements no later than 180 days from the execution of this
Agreement. CITY shall have 30 calendar days to respond to DEVELOPER's initial submittal and
15 calendar days for any subsequent submittals of revised plans and specifications.
DEVELOPER shall design The Improvements in accordance with the City's Development
Standards. The final design, including detailed plans and specifications, shall be approved by
the CITY, which may require peer review of the design at DEVELOPER's cost. DEVELOPER
shall obtain all required permits and pay all required fees. Construction of The Improvements
shall not begin until the final plans and specifications are approved by the CITY.
Section 1 (b ). Completion Time.
DEVELOPER will commence construction of The Improvements within one hundred
eighty (180) days following the date on which CITY executes this Agreement. DEVELOPER
shall complete such Improvements no later than two years following execution of this
Agreement or not later than February 20, 2009. Upon completion, DEVELOPER shall furnish
CITY with a complete and reproducible set of final as-built plans of The Improvements,
including any authorized modifications.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is
agreed to be Three Million Five Hundred Eight Thousand Nine Hundred and 00/100 Dollars
($3,508,900.00). Said amount include costs and reasonable expenses and fees which may be
incurred in enforcing the obligation secured.
IMPROVEMENT AGREEMENT
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Section 3. Bonds Furnished. .
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with
the following security in a form satisfactory to the CITY Attorney:
a. Faithful Performance. 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 Section 2 and sufficient to assure CITY that
The Improvements will be satisfactorily completed. Any plans and specifications
that have not yet been finally approved by the City Engineer, shall be considered
as part of "The Improvements" for the purpose of this subsection if the City
Engineer has previously reviewed and tentatively approved said plans and
specifications.
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 Section 2 and sufficient to assure CITY that
DEVELOPER'S contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefor.
c. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit
sufficient to assure CITY that the surface water drainage of the subdivision shall
not interfere with the use of neighboring property, including public streets and
highways.
CITY shall be the sole indemnitee named on any instrument required by this Agreement.
Any instrument or deposit required herein and the release thereof shall conform to the
provisions of Chapter 5 of the Subdivision Map Act.
Section 4. Insurance Required.
Concurrently with-the execution hereof, DEVELOPER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, or
designee, as to form, amount and carrier. Prior to the commencement of work under this
Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed
with the Administrative Services Director, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, as to form,
amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence
work on this contract or subcontract until all insurance required for DEVELOPER and
DEVELOPER's general contractor shall have been so obtained and approved. Said insurance
shall be maintained in full force and effect until the completion of work under this Agreement
and the final acceptance thereof by CITY. All requirements herein provided shall appear either
in the body of the insurance policies or as endorsements and shall specifically bind the
insurance carrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
IMPROVEMENT AGREEMENT
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(i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General Liability
coverage ("occurrence" form CG 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor Code of
the State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liability: $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 Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
(iii) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $1,000,000 per accident.
c. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of
the CITY, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the CITY, its officers, officials and
employees; or the DEVELOPER shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and
defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
(i) General Liability and Automobile Liability Coveraqes.
(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 DEVELOPER; products and completed operations of the
DEVELOPER; premises owned, occupied or used by the
DEVELOPER; or automobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain
no special limitations on the scope of the protection afforded
IMPROVEMENT AGREEMENT
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to the CITY, its officers, officials, employees or volunteers.
(b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials,
employees and volunteers. Any insurance or self-insurance
maintained by the CITY, its officers, officials, employees or
volunteers shall be excess of the DEVELOPER's insurance
and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the CITY, its officers,
officials, employees or volunteers.
(d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
(ii) Workers' Compensation and Employers Liability Coveraqe. The
insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses
arising from work performed by the DEVELOPER for the CITY.
(iii) All Coveraqes.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or: in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the CITY.
(a) Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII.
(b) Verification of Coveraqe. DEVELOPER shall furnish CITY
with certificates of insurance and with original endorsements
effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be received
and approved by the CITY before work commences. The
CITY reserves the right to require complete, certified copies of
all required insurance policies, at any time.
(c) Subcontractors. DEVELOPER and/or DEVELOPER 's
general contractor shall include all subcontractors as insureds
under its policies or shall obtain separate certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements
stated herein.
IMPROVEMENT AGREEMENT
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Section 5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER andlor DEVELOPER 's agents, and all supplies,
materials and devices of whatsoever nature incorporated in, or attached to the work, or
otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all
defects of workmanship and materials for a period of one (1) year after acceptance of the entire
work by CITY. DEVELOPER shall repair or replace any or all such work or material, together
with all or any other work or materials which may be displaced or damaged in so doing, that
may prove defective in workmanship or material within said one-year guarantee period without
expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and
agrees that when defects in design, workmanship and materials actually appear during the one-
year guarantee period, and have been corrected, the guarantee period shall automatically be
extended for the corrected items for an additional year to insure that such defects have actually
been corrected.
In the event the DEVELOPER 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 DEVELOPER shall pay to CITY on
demand all costs and expense of such repair. Notwithstanding anything herein to the contrary,
in the event that any defect in workmanship or material covered by the foregoing guarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or
welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect,
and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The
foregoing statement relating to hazards to health and safety shall be deemed to include either
temporary or permanent repairs which may be required as determined in the sole discretion and
judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, twenty-five percent (25%) of such costs and
expenses for overhead and interest at the maximum rate of interest permitted by law accruing
thirty (30) days from the date of billing for such work or repairs.
Section 6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representatives for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by DEVELOPER and replaced to the
satisfaction of CITY without any expense to CITY in strict accordance with the Improvements
plans and specifications.
Section 7. Aqreement Assiqnment.
IMPROVEMENT AGREEMENT
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DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld.
Section 8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER 's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER
should be adjudged as bankrupt, or should make a general assignment for the benefit of
DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of
DEVELOPER's contractors, subcontractors, agents or employees should violate any of the
provisions of this Agreement, the CITY through its City Engineer may serve written notice on
DEVELOPER and DEVELOPER 's surety or holder of other security of breach of this
Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER 's surety shall
have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisable, for the account and at the expense
of DEVELOPER and DEVELOPER 's surety shall be liable to CITY for any damages andlor
reasonable and documented excess costs occasioned by CITY thereby; and, in such event,
CITY, without liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plant and other property belonging to DEVELOPER 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 DEVELOPER shall be addressed as follows:
Schaefer Ranch Holdings, LLC
IMPROVEMENT AGREEMENT
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Attention: Albert Seeno, Ill, President
4061 Port Chicago Highway, Suite H
Concord, CA 94520
With copy to:
Schaefer Ranch Holdings, LLC
Attention: Jeanne C. Pavo
4021 Port Chicago Highway
Concord, CA 94520
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, DEVELOPER has executed and has
caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may
record said abstract in the Official Records of Alameda County.
Section 10. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets
and improvements within the work to be performed under this Agreement shall be at the sole
and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY
for dwellings located within the project site shall not be construed in any manner to constitute a
partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER
agrees that CITY's Building Official may withhold the issuance of building or occupancy permits
when the work or its progress may substantially and/or detrimentally affect public health and
safety.
Section 11. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the site of The
Improvements as may be necessary to prevent accidents to the public and damage to the
property. DEVELOPER 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 DEVELOPER, and the entire
site left clean and orderly.
Section 12. Acceptance of Work and Rioht-of-Way.
Upon notice of the completion of The Improvements and the delivery of a set of final as-
built mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City Engineer or
designated representative, shall examine the work without delay, and, 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
DEVELOPER or designated agents of such acceptance subject to Section 5 above.
IMPROVEMENT AGREEMENT
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If not previously dedicated on the final map for Tract 6765, DEVELOPER shall
dedicate to CITY by separate instrument any right of way and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements,
and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance
easement dedications.
Section 13. Patent and Copvriqht Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable
for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys'
fees and court costs, which may result from the use of said patented or copyrighted material,
process or publication.
Section 14. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby waive
the provisions of Section 2819 of the Civil Code of the State of California.
Section 15. Liabilitv.
a. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will be performed in a proper
manner. DEVELOPER agrees to indemnify, defend, release, and save
harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, from and against any and all
loss, claims, suits, liabilities, actions, damages, or causes of action of every
kind, nature and description, directly or indirectly arising from an act or
omission of DEVELOPER, its employees, agents, or independent
contractors in connection with DEVELOPER 'S actions and obligations
hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by DEVELOPER, of any of the insurance policies
described in Paragraph 3 hereof.
(ii) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered,
or alleged to have been suffered, by reason of any of the aforesaid
operations referred to in this paragraph, regardless of whether or not
CITY has prepared, supplied, or approved of plans and/or
specifications for the subdivision, or regardless of whether or not
IMPROVEMENT AGREEMENT
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such insurance policies shall have been determined to be applicable
to any of such damages or claims for damages.
b. Desiqn Defect. If, in the opinion of the CITY, a design defect in the work of
Improvements becomes apparent during the course of construction, or
within one (1) year following acceptance by the CITY of the Improvements,
and said design defect, in the opinion of the CITY, may substantially impair
the public health and safety, OWNER shall, upon order by the CITY,
correct said design defect at OWNER's sole cost and expense, and the
sureties under the Faithful Performance and Labor and Materials Bonds
shall be liable to the CITY for the corrective work required.
c. Litiqation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this
Agreement or seeks to specifically enforce the terms of this Agreement,
and, in the event judgment is entered in said action, the prevailing party
shall be entitled to recover its attorneys' fees and court costs. If CITY is the
prevailing party, CITY shall also be entitled to recover its attorney's fees
and costs in any action against DEVELOPER's surety on the bonds
provided under Section 3.
Section 16. Indemnification and Waiver.
DEVELOPER shall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive relief) concerning DEVELOPER's construction of
The Improvements on DEVELOPER's property and shall indemnify and hold CITY harmless
from any damages, charges, fees or penalties that may be awarded or imposed against CITY
andlor DEVELOPER in connection with, or on account of, DEVELOPER's construction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
Section 17. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IMPROVEMENT AGREEMENT
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February 5, 200"7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
CITY:
City of Dublin:
ATTEST:
,/1 \ \ (\
By: ~ ~ I-A"- \ \~L-__
Fawn Holman City Clerk
Date'. ~ 1\ \ f,:7
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DEVELOPER:
Schaefer Ranch Holdings, LLC
a California limited liability company
By: Its managing member, SCHAEFER RANCH
DEVELOPM ., a California corporation
Albert D. Seeno III
Typed or Printed Name
President
Title
February 6, 2007
Date
IMPROVEMENT AGREEMENT
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February 5, 2007
ALL PURPOSE CALIFORNIA ACKNOWLEDGEMENT
State of California
County of Contra Costa
}~
On February 6,2007
, before me, D. Panteles
personally appeared Albert D. Seeno III
personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
D. PANTHfS
OOlVlM. #1558733
NOTARY PUBUC - CALIFORNIA
OONTRA COSTA COUNlY
~ My Comm. Expires March '13. 2009 b
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Signature (,_. ... C..: i~ "-.C\:Je.l\
( seal)
* ******* ** *************** * ** ******* **** ****OPTIONAL INFORMA TION** ***** ** * **** * ***** ***** ** ***********
The following information is not required by law, however it may be helpful in preventing fraudulent use of this
acknowledgement.
City of Dublin Improvement Agreement- Schaefer Ranch
DOCUMENT TITLE OR DESCRIPTION
DOCUMENT DATE:
NUMBER OF PAGES:
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Project No: (B()24-20-0256
Page 1 of 1
Estimate For Bonding PUl1wses
Schaefer Ranch
Qf.ul11ti~v Tal{e-(?tr(~f Phase 1 Improvementsfof" Dublin Boulevard Extension
and Schnefer Ranch Roa,t
based on the approved Phas'e J lmprovernent Plans
Subdivision 6765, dated November 10, 2006
Decem.ber 20, 20(}6
Item
Street ImllmVcmcllts
Curb and gutter only
Curb and gnller w/5' sjdewalk
Curb and gutter w/S' s.ldc\,'alk
EV AE Curb and gutter
s'vledian curb
Curb Ramp
Driveways
Decorative Paving (JneL Concrete Bands)
Soundwal I
Stree1 Jvlonuments
5.5" ACID" AB
Detention Basin /\eecssRoad
Equestrian Trail
RoadsidcDitch lined with TcnsarErosion iVlat
Water r./leler
IliilHies: EkctridGas, Cahle & :Phune
Street light - single cobra
Street light - double cobra
TrafHc Control
r'
Si.gnal (Dtl\1lin 131\'(1./5 R. Rd.)
'llduit, V!jrc, &. pun Boxes
RCE. 5'\l16'\ EXPIRES 6no/o7
PIA Dcsign Resources, Inc.
GOSl CH - P,h8$e ~ street tnm ,.ci(v-bOt)j.. 7 220,:2006 "'<Is
tJ nit
(,,')74 LF
6,960 LF
2,824 LF
106 LF
4,271 LF
10 EA
521 SF
9,997 SF
175 LF
25 FA
346,1]7 SF
23,809 SF
10,924 SF
6714 LF
1 L5
2B EA
15 FA
1 1.,8
1 L3
1 LS
1:1,000 LF
[Init Price
IS.OO
20.00
25.00
14.00
14.00
1,500.00
l.2.00
lS.OO
220.00
300.00
4.50
3.00
2.50
2L()!J
197,500.00
2,200.00
3,000.00
5,000.00
20,000J)0
250,OOO.O()
4.()()
Total
15 '% contingency
Grand Total
Rounding for honding j)lll'pOses:
Total Amollnt
$104,610.00
$139,200.00
$70.6()().OO
SI.484.00
$59,794.00
15,000.00
6.252.00
179,94(J,OO
$3R,500.00
S7,500.00
Sl.557.526.50
S7] .42700
$27,3 ]O()(J
S 140.99400
$ J 97,500.00
$61.60000
$45.0()().Oo
$5,()()O.OO
$20,000.00
$250.000.00
$52,000.00
1,243.50
$457.686.53
S3,508,930.n3
3,508,9fJO.OO
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
OFF-SITE IMPROVEMENTS FOR TRACT 6765, SCHAEFER RANCH
(SCHAEFER RANCH HOLDINGS, LLC)
This Agreement (Agreement) is made and entered into this 20th day of February, 2007,
by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY",
and Schaefer Ranch Holdings, LLC, a California Limited Liability Company (hereinafter referred
to as "DEVELOPER").
RECITALS
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain public
improvements (hereafter "The Improvements") shown on Tract 6765, in accordance with the
requirements and conditions set forth within the City of Dublin Planning Commission
Resolution No. 98-38 (PA 96-037), adopted on August 1 t, 1998, and Planning Commission
Resolution No. 06-16 (PA 06-031), adopted on June 27, 2006, and City Council Ordinance
No. 11-06 adopted on August 1, 2006; the requirements of the Subdivision Map Act of the State
of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and
specifications for said development currently under review and tentatively approved by the City
Engineer, and subject to such revisions as may be made to the plans prior to the City
Engineer's final approval, as follows:
· Traffic Siqnal Plans for Dublin Canyon Road /Schaefer Ranch Road @ Hiqhway 580,
Schaefer Ranch. Tract 6765, Dublin, California
· Off-Tract Improvements - Schaefer Ranch Road & Dublin Canyon Road @ Hiqhway
580, Schaefer Ranch. Tract 6765, Dublin, California
· Off-Tract Improvement Plans -Wideninq of Dublin Boulevard & Modifyinq the
Intersection of Dublin Boulevard/Silverqate Drive. Schaefer Ranch, Tract 6765, Dublin.
California
· Off-Tract Improvement Plans - Intersection Improvements at Eden Canyon Road and
Dublin Canyon Road, Tract 6765, Dublin, California (future improvements)
· Joint Trench Improvement Plans, Schaefer Ranch. Schaefer Ranch Road and Dublin
Boulevard, Phase 1 - Tract 6765, Dublin, California
· Street Liqht Improvement Plans. Schaefer Ranch, Schaefer Ranch Road and Dublin
Boulevard, Phase 1 - Tract 6765. Dublin. California
Said plans are now, or, if not yet finally approved, will be, on file in the office of the Public
Works DirectorlCity Engineer, and are hereby referred to for a more definite and distinct
description of the work to be performed under this Agreement as though set forth at length
herein; and
WHEREAS, CITY has determined that The Improvements are a public works project
subject to California prevailing wage requirements;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication
of right-of-way and The Improvements in consideration for DEVELOPER's satisfactory
performance of the terms and conditions of this Agreement;
IMPROVEMENT AGREEMENT
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February 5, 2007
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
Section 1 (a). Desiqn Plans.
DEVELOPER shall submit final plans and specifications (construction documents) for the
plans and specifications identified as currently under review to the CITY for review within 90
days of the execution of this Agreement and shall obtain CITY approval of the final plans and
specifications for the Improvements no later than 180 days from the execution of this
Agreement. CITY shall have 30 calendar days to respond to DEVELOPER's initial submittal and
15 calendar days for any subsequent submittals of revised plans and specifications.
DEVELOPER shall design The Improvements in accordance with the City's Development
Standards. The final design, including detailed plans and specifications, shall be approved by
the CITY, which may require peer review of the design at DEVELOPER's cost. DEVELOPER
shall obtain all required permits and pay all required fees. Construction of The Improvements
shall not begin until the final plans and specifications are approved by the CITY.
Section 1 (b). Completion Time.
DEVELOPER will commence construction of The Improvements within one hundred
eighty (180) days following the date on which CITY executes this Agreement. DEVELOPER
shall complete such Improvements no later than two years following execution of this
Agreement or not later than February 20, 2009. Upon completion, DEVELOPER shall furnish
CITY with a complete and reproducible set of final as-built plans of The Improvements,
including any authorized modifications.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is
agreed to be Four Million Three Hundred Sixty-Four Thousand Five Hundred and 00/100
Dollars ($4,364,500.00). Said amount include costs and reasonable expenses and fees which
may be incurred in enforcing the obligation secured.
Section 3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with
the following security in a form satisfactory to the CITY Attorney:
a. Faithful Performance. 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 Section 2 and sufficient to assure CITY that
The Improvements will be satisfactorily completed. Any plans and specifications
that have not yet been finally approved by the City Engineer, shall be considered .
as part of "The Improvements" for the purpose of this subsection if the City
Engineer has previously reviewed and tentatively approved said plans and
specifications.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a
IMPROVEMENT AGREEMENT
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February 5, 2007
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 Section 2 and sufficient to assure CITY that
DEVELOPER'S contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefor.
c. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit
sufficient to assure CITY that the surface water drainage of the subdivision shall
not interfere with the use of neighboring property, including public streets and
highways.
CITY shall be the sole indemnitee named on any instrument required by this Agreement.
Any instrument or deposit required herein and the release thereof shall conform to the
provisions of Chapter 5 of the Subdivision Map Act.
Section 4. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, or
designee, as to form, amount and carrier. Prior to the commencement of work under this
Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed
with the Administrative Services Director, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, as to form,
amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence
work on this contract or subcontract until all insurance required for DEVELOPER and
DEVELOPER's general contractor shall have been so obtained and approved. Said insurance
shall be maintained in full force and effect until the completion of work under this Agreement
and the final acceptance thereof by CITY. All requirements herein provided shall appear either
in the body of the insurance policies or as endorsements and shall specifically bind the
insurance carrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General Liability
coverage ("occurrence" form CG 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor Code of
the State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liability: $1,000,000 combined single limit per occurrence
IMPROVEMENT AGREEMENT
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February 5, 2007
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 Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
(iii) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $1 ,000,000 per accident.
c. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of
the CITY, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the CITY, its officers, officials and
employees; or the DEVELOPER shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and
defense expenses. .
d. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
(i) General Liability and Automobile Liability Coveraqes.
(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 DEVELOPER; products and completed operations of the
DEVELOPER; premises owned, occupied or used by the
DEVELOPER; or automobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain
no special limitations on the scope of the protection afforded
to the CITY, its officers, officials, employees or volunteers.
(b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials,
employees and volunteers. Any insurance or self-insurance
maintained by the CITY, its officers, officials, employees or
volunteers shall be excess of the DEVELOPER's insurance
and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the CITY, its officers,
officials, employees or volunteers.
(d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
IMPROVEMENT AGREEMENT
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February 5, 2007
with respect to the limits of the insurer's liability.
(ii) Workers' Compensation and Employers Liability Coveraqe. The
insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses
arising from work performed by the DEVELOPER for the CITY.
(iii) All Coveraqes.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the CITY.
(a) Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII.
(b) Verification of CoveraQe. DEVELOPER shall furnish CITY
with certificates of insurance and with original endorsements
effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be received
and approved by the CITY before work commences. The
CITY reserves the right to require complete, certified copies of
all required insurance policies, at any time.
(c) Subcontractors. DEVELOPER andlor DEVELOPER's
general contractor shall include all subcontractors as insureds
under its policies or shall obtain separate certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements
stated herein.
Section 5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies,
materials and devices of whatsoever nature incorporated in, or attached to the work, or
otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all
defects of workmanship and materials for a period of one (1) year after acceptance of the entire
work by CITY. DEVELOPER shall repair or replace any or all such work or material, together
with all or any other work or materials which may be displaced or damaged in so doing, that
may prove defective in workmanship or material within said one-year guarantee period without
expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and
agrees that when defects in design, workmanship and materials actually appear during the one-
year guarantee period, and have been corrected, the guarantee period shall automatically be
IMPROVEMENT AGREEMENT
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February 5, 2007
extended for the corrected items for an additional year to insure that such defects have actually
been corrected.
In the event the DEVELOPER 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 DEVELOPER shall pay to CITY on
demand all costs and expense of such repair. Notwithstanding anything herein to the contrary,
in the event that any defect in workmanship or material covered by the foregoing guarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or
welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect,
and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The
foregoing statement relating to hazards to health and safety shall be deemed to include either
temporary or permanent repairs which may be required as determined in the sole discretion and
judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, twenty-five percent (25%) of such costs and
expenses for overhead and interest at the maximum rate of interest permitted by law accruing
thirty (30) days from the date of billing for such work or repairs.
Section 6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representatives for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by DEVELOPER and replaced to the
satisfaction of CITY without any expense to CITY in strict accordance with the Improvements
plans and specifications.
Section 7. Aqreement Assiqnment.
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld.
Section 8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER
should be adjudged as bankrupt, or should make a general assignment for the benefit of
DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of
DEVELOPER's contractors, subcontractors, agents or employees should violate any of the
IMPROVEMENT AGREEMENT
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February 5, 2007
provisions of this Agreement, the CITY through its City Engineer may serve written notice on
DEVELOPER and DEVELOPER 's surety or holder of other security of breach of this
Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER 's surety shall
have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisable, for the account and at the expense
of DEVELOPER and DEVELOPER 's surety shall be liable to CITY for any damages andlor
reasonable and documented excess costs occasioned by CITY thereby; and, in such event,
CITY, without liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plant and other property belonging to DEVELOPER 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 DEVELOPER shall be addressed as follows:
Schaefer Ranch Holdings, LLC
Attention: Albert Seeno, III, President
4061 Port Chicago Highway, Suite H
Concord, CA 94520
With copy to:
Schaefer Ranch Holdings, LLC
Attention: Jeanne C. Pavo
4021 Port Chicago Highway
Concord, CA 94520
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, DEVELOPER has executed and has
caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may
IMPROVEMENT AGREEMENT
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record said abstract in the Official Records of Alameda County.
Section 10. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets
and improvements within the work to be performed under this Agreement shall be at the sole
and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY
for dwellings located within the project site shall not be construed in any manner to constitute a
partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER
agrees that CITY's Building Official may withhold the issuance of building or occupancy permits
when the work or its progress may substantially and/or detrimentally affect public health and
safety.
Section 11. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the site of The
Improvements as may be necessary to prevent accidents to the public and damage to the
property. DEVELOPER 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 DEVELOPER, and the entire
site left clean and orderly.
Section 12. Acceptance of Work and Riqht-of-Way.
Upon notice of the completion of The Improvements and the delivery of a set of final as-
built mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City Engineer or
designated representative, shall examine the work without delay, and, 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
DEVELOPER or designated agents of such acceptance subject to Section 5 above.
If not previously dedicated on the final map for Tract 6765, DEVELOPER shall
dedicate to CITY by separate instrument any right of way and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements,
and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance
easement dedications.
Section 13. Patent and Copyriqht Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable
for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys'
fees and court costs, which may result from the use of said patented or copyrighted material,
process or publication.
Section 14. Alterations in Plans and Specifications.
IMPROVEMENT AGREEMENT
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Any alteration or alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby waive
the provisions of Section 2819 of the Civil Code of the State of California.
Section 15. Liabilitv.
a. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will be performed in a proper
manner. DEVELOPERagrees 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 DEVELOPER, its employees, agents, or independent
contractors in connection with DEVELOPER 'S actions and obligations
hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by DEVELOPER, of any of the insurance policies
described in Paragraph 3 hereof.
(ii) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered,
or alleged to have been suffered, by reason of any of the aforesaid
operations referred to in this paragraph, regardless of whether or not
CITY has prepared, supplied, or approved of plans and/or
specifications for the subdivision, or regardless of whether or not
such insurance policies shall have been determined to be applicable
to any of such damages or claims for damages.
b. Desiqn Defect. If, in the opinion of the CITY, a design defect in the work of
Improvements becomes apparent during the course of construction, or
within one (1) year following acceptance by the CITY of the Improvements,
and said design defect, in the opinion of the CITY, may substantially impair
the public health and safety, OWNER shall, upon order by the CITY,
correct said design defect at OWNER's sole cost and expense, and the
sureties under the Faithful Performance and Labor and Materials Bonds
shall be liable to the CITY for the corrective work required.
c. Litiqation 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
IMPROVEMENT AGREEMENT
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February 5, 2007
prevailing party, CITY shall also be entitled to recover its attorney's fees
and costs in any action against DEVELOPER's surety on the bonds
provided under Section 3.
Section 16. Indemnification and Waiver.
DEVELOPER shall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive relief) concerning DEVELOPER's construction of
The Improvements on DEVELOPER'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 DEVELOPER in connection with, or on account of, DEVELOPER's construction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
Section 17. Recitals.
The foregoing Recitals are true 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.
CITY:
City of Dublin:
. /7/1 ,1';/
By. ,,' It..._... f)
Janet Lockhart,
! .
\ J 'i
'\ ,,'-'" ( f
D t. .L , I 1
a e. )1 ( ,,-,
. -- t ,IV
DEVELOPER:
Schaefer Ranch Holdings, LLC
a California limited liability company
\/ By: Its managi ~CHAEFER RANCH
DEVELOP . T, INC., a California corporation
/1, \ \ (\
By: . .~\, D.l .l~.-t-r-c-L:l~'_"
Fawn Holman, City Clerk
(
/1\,.
-:J . ' ~--'" f
,
l
Albert D. Seeno III
Typed or Printed Name
ATTEST:
I'
Date:
President
Title
February 6. 2007
Date
IMPROVEMENT AGREEMENT
G:\DEVELOP\Schaefer Ranch\lmprovement Agreements\lmp Agmt_offsite.DOC
Page10of10
February 5, 2007
ALL PURPOSE CALIFORNIA ACKNOWLEDGEMENT
............................................................................................................................................................................................
State of California
County of Contra' Costa
}~
On February 6,2007
, before me, D. Panteles
personally appeared Albert D. Seeno III
personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
D. PANTELES
OOMlvl. iti558733
I~OTARY PUBUC - CALlFORNIA
CONTRA COSTA COUNTY
My Comm. Expires March 13. 2OG9
"~ (,
Signature; . - '''(I tt~ C \) \!. J"
._~ J
(seal)
* ** * * * * * * * * * * * * * * *** * * * * * * * * * * * * * * * * * ** * * * *OPTIONAL INFORMA TI ON* * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
The following information is not required by law, however it may be helpful in preventing fraudulent use of this
acknowledgement.
City of Dublin Improvement Agreement- Schaefer Ranch
DOCUMENT TITLE OR DESCRIPTION
DOCUMENT DATE:
NUMBER OF PAGES:
~
*
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2
COMMENTS:
~
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z
~
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~
,
o
2
.............................................................................................................................................................................................
Project No: 03(l::'4-21-02:5G
Page I of 2
Estimate For Bonding Purposes
Schaefer Ranch
_ Qllfl1iJjJj~Ij~ke::pjL(J.t:Qjf":".J:tQ.ftbZ!12I'Q}~fl1,~f!JJL{f!TJ!1il(!:!li!lX_f!j}2-"Jl.lj!Lll!!!.IJ~l'!lt{l__- --.-
and NJ()d~fying the Intersection II Dublin Boulevard and Sill'ergate Drive
based on the Ululpproved qjl-Tract Improvement Plans
Subdivision 6765, dated August 1, 2{}()6
November 6J 2(}06
Item
Unit
Demolitiou
Remove Chain Link Fence
Remove Metal Beam Guard Rail (MBGR)
RCllIO\'C AC Dilzc
Removc Concrete Curb
Remove Concrete Sidewalk/Driveway
Remove AC Surface
Remove Existing Road Stmctmal Section to Subgrade
Remove Eteclroliel'
Pavement Sa went
Relocate Chain Link Fence
Remove Slreet Signs
Relocate Street Signs
CnrbRamp
1.21:\{) LF
L280 LF
2.730 LF
490 LF
1.200 SF
40.600 SF
9.340 SF
3 EA
1..150 LF
124 LF
6 BA
II FA
2 FA
Grading
ExcavatioIl & compaction (including dear & grub)
Import NOllexpansive Barro-w
Street Fine Grading
Earth V-Ditch with Concrete Mow Band
15.000 CY
10.200 CY
79.00D SF
4CiO LF
Storm Drain
18" RCP CL In
Type A - Catchbasins (Cil) SId CD-400)
Type Il. Catchbasills (County Std SDAI2)
Field Inlets (City SId CD-4(3)
Manholes (County Std 8D-40:;)
Modify Ex Inlet to Manhole (County Std SD-422)
COllnect to Existing Structnre
162 LF
1 SA
2 Ell\.
1 SA
1 EA
2 EA
3 EA
Erosion Control
Erosion Control blnnket (installed)
Straw Wattle
Blown Straw and Tackifier
4 Roll
5,000 LF
1 AC
CDst Est 8 Oft.Tr.act..c/t\; hctld.11""O:?-0[5 "ttf~
V "f"1 ;;<>D
r;'r.>EtCi, S u/te
'-f"i" ;;'..
Unit Price
3.00
IO.DO
2.00
10.00
10.00
5.00
10.00
500,00
400
j8.00
lOOJ)()
200.00
L500.00
2.20
10.00
n.zo
10.00
33.00
1.500.00
2,()()fLOO
1,500.00
2,100.()O
2,000,00
2,()(j(j.OO
275.00
1.30
600.()O
Total Amount
$3.MO.OO
$12.8UO.O{)
$5A60,(lU
$4,900.00
$12,OOO.(}O
$203.()OO.OO
$ 93 .400. ()O
$1.500.UO
$4.600.0tl
$2,232,00
$600.()O
S2.200.00
SJ.iIOtJ.OiJ
$33, OOt), 00
$102.000,00
$J5,800.00
$4.600,O()
$5.3.'\.6.00
$1.5()().OO
$4,tJOO.OO
$1,5(){).OO
$2, IOO.OO
$4,{)()(),OO
$6.00().\)()
$1.100.00
$6,500.00
$600.00
Project No: 0302:J.-21.-0256
Page 2. of 2.
Estimate For Bonding PU11Joses
,-S'cha4er Ranch
Quanti~F Take-(?tT(~f (?[f-Tract ImproverllCntsfor ?Vitlening (~f Dublin Boulevard
antlModWling the Jutersectioll (~rDllblin Boulevard and Silvergate Drive
... mm_'_~--~--haSeil(HC t h(fT[iriip]jhJl1ed-r~f.r:-r'j"Yl{:rl FilpnnY!.I1Iiiift1Wiiil/ _ . -.------
Subdivision 6765. dated August 1,2006
Nove.mber 6, 2(W6
Hem
Unit
Street Improvements
Curb :md gutter only
Curb and gutter w/5' sidc\valk
AC Berm
Median curb (PCC 8.5")
Median curb (pee 6")
PCC Drivc"tvay Appro3eh ,vI 5' Flares
Street Monumcnt Reestablishment
5.0" AC/7,O" AHflO.O" AS
AC Overlay (0.10' Mill)
Metal Beam Guard Rail (i'vlBGI<)
C!\11J Wall (M3tch Existing Hanscn)
1.288 LF
734 LF
632 LF
2,134 LF
413 LF
1 EA
3 Ell.
63,120 SF
25,420 SF
LOOO LF
1,000 LF
Utilities: Electric/Gas, Cable & Phone
Street Light - Double Cobra
Street Light Conduit (1.5" witll 2 #8)
l\ EA
1370 LF
Traffic Control
Street Signs
Striping
Traffic Control
Traffic Signal (Decorative)
Median & Finished Slope Ulndscaping & Irrigation
\N<1ter Iv1eter
I LS
1 LS
1 LS
1 LS
I LS
1 LS
Unit Price
15JHl
20.0t)
10.00
20.00
15.00
2,500.00
UlOO.OO
4.50
2.00
30.00
25.00
J,OOO.OO
10.00
J,500.00
7,000.00
10,000.00
500.000.00
100,000.00
50.000.00
Suh Total
3'% Design Cost
Total
30% contingency
Grand Total
Rounding for bonding purposes:
P,azmik Avedian. r.E.
KCE. 53063 EXPIRES 6!30/07
PiA Design Resources, Inc.
c....':st E~t - Off-Tract-::ity bond~11-O:S.[)ti3/s
Total Amount
$19,320.00
$14,680.00
$6,320.00
S42,680.00
$6,19S.00
$2,SOO.OO
$3,000.00
$284,040.00
$50,840.00
S30,OOO.OO
$2S.000.00
$24.000.00
$13.7(10.00
$3500.00
$7.000.00
$10,O()().OO
$5 O(), O()(). () 0
SlOO,OOO.OO
$SO. (){)O; no
$1,730,353.00
$519,105.90
$2,249,458.90
$674.837.67
$2,924,29657
2,924,300.0n
Prqjecl No: 03024-20-0256
Page J of 2
Estimate For Bonding Purposes
S'chaefer Ranch
. Qu {mtityTf.~Af-:()JI(JfOft]ract1mJ2n!J~e}J1e/lts fOr.J1! dc:.nilJ/? f?f}lr:[Jaejgl:.Ralu:h.Ro.f1fL_____________
and Duhlin Canyon Road at Highway 580
based on the Unt(pproved OfT-Tract Improvement Plans
Subdivision 6765. dated December 6, 2()()6
December 7, 2()1J6
Hem
Unit
Demolition
Remove Chain Link Fence
Remove AC Dike
Remove Concrete Curb
Remove COllcrete Sidewalk/Driveway
Rernovc AC Surface
Saweut Pavement
Relocate Chain Link Fence
Relocate Utility Pole
Remove Street Signs
130 LF
980 LF
U30 LF
140 SF
34.000 SF
620 LP
1,560 LF
4 EA
4 EA
GnHling
Excavation & compaction (including dear & grub)
Import Nonexpansive BOHmv
Street Fine Grading
Concrcte\/-Ditch (City Std CD-enS)
Retaining Wall
6.000 CY
lOO CY
67.000 SF
1,]80 LF
1.395 SF
Storm Drain
12" RCP CLm
18" RCP CL HI
Type Gl Inlet (Caltmus)
Type CiO Inlet (Caltrans)
Modif;; Ex Inlet to Grade
Ivlodi!'v Ex Inlet to t\'lanhok (Connty Std SD-422)
Connect to Existing Stmcture
43 LF
ISO LF
] EA
3 EA
2 EA
lEA
1 EA
Et'nsinn Conh'ol
Erosioll Control blanket (installed)
Straw \Vatl1e
Blown Straw and 'rackifier
4 Roll
5.000 LF
] AC
Ccst Est ~ !m~r$(N;tiOJJ DCRD~SRRD 12.o...i-.Q6.xfs
h;'<j~'~'
IJnit Price
5.00
2.0n
10.00
moo
SJIO
4.00
18.00
10,000.00
100.00
2.25
10.00
0.20
15.00
IOO.OO
35.00
40.00
1,500.00
2, noo. ()O
uoO.oo
1.500.00
2.000.00
275.00
1.30
600.00
'Iota.! Amount
$650.00
$1,%0.00
S 13.300.00
$1,400.00
$170,000..00
$2,480.00
$28.080.00
$40,000.00
$400.00
$13,SO().O!)
$J .()()()O()
$13AOO.OO
$17.700.00
$L39,5()O.OO
$1.505.00
$6,000.00
$I,5()().OO
$6,000.00
$3.000.()O
$1.500.00
$2.000.00
5> 1. IOO. no
$6,500.00
$600.00
;{!~ j300 _. ",i ~,:", Sj::V,'J
Project No: 03024-2 J -0256
Page 2 of 2
Estimate For Bonding Purposes
Schaefer Rlmclt
QUlll1ti{v Tllke-l?tT l?f' qtf-Tract Improvementsfor fVidenil1g l!(Scl1aefer Ranch Road
and Dublin Canyon Roud at Highway .580
based on the tuwpproved OjT-Tract Improvement Plans
-,SalIdivisimro76S; (latel/i) ec effibet . 6;--20 06-
December 7, 20(J6
hem
Unit
Street lumrovemt\nts
Curb and Gutter Only
Curb and Gutter w/5' Concrete Sidewalk
AC Sidewalk
Median Cnrb (County Sid SD-301 )
PCC DrivevvayApproach w! 3' Flares
I-Iandieap Ramp & modify existing Ramp
(,0" .AC
12.\)" AS
Trail
2.173 LF
298 LF
Hl,290 SF
1.696 LF
J EA
2 EA
39.720 SF
3Y,nO SF
1.,663 SF
UtiIities
Street Light
6 EA
Traffic Control
StTeet Signs
Sniping
Traffic Control.
Tmflic Signal
I LS
1 LS
I LS
1 LS
R/W Cnsts
] 1.8
1.-580 Ramp Signalization ( Fan Share Contribntion)
I LS
Unit Price
8.00
l7.00
S.OO
7.50
1.500.00
1.500.00
3.00
2.0()
2.00
2,200.00
3.000.00
7.000.00
10.000.00
250,000.00
25.000.00
60,()()O.00
Suh Total
3~"Dcsign Cost
Total
20% contingency
Grand Total
Rounding for honding pm-poses:
Rm:mik Avedillll, P.E.
RCE 53063 EXPIRES 6/30/07
PiA Design Resources, Inc.
Ct~$! Est ~ !nte.'!Suc!icn DCF!.D~SRR[) 1;?-.t)6,f)t. ":(jz
Total Amount
$17384,00
$5.066()()
$S2.320.0()
$12,720.00
$1.500.00
$3.000.00
$119,160.00
$79,440.00
$3,326.00
$13,200.00
$3.000. (H)
$7,O()().00
$10.000.00
$250,000.00
$25,000.00
$60,000.00
$1,165,191.00
$34.955.73
$1,200,146.73
$240.1J29.35
$lA40,176.1I8
1,440,2IHUlO
"'7.1,r-//1""7
/"j/?/l
"": / Ililfe I
.
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
LANDSCAPE IMPROVEMENTS FOR TRACT 6765 - SCHAEFER RANCH
(SCHAEFER RANCH HOLDINGS, LLC)
This Agreement (Agreement) is made and entered into this 20th day of February, 2007,
by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY",
and Schaefer Ranch Holdings, LLC, a California Limited Liability Company (hereinafter referred
to as "DEVELOPER").
RECITALS
.
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain public
improvements (hereafter "The Improvements") shown on Tract 6765, in accordance with the
requirements and conditions set forth within the City of Dublin Planning Commission
Resolution No. 98-38 (PA 96-037), adopted on August 11, 1998, and Planning Commission
Resolution No. 06-16 (PA 06-031), adopted on June 27, 2006, and City Council Ordinance
No. 11-06 adopted on August 1, 2006; the requirements of the Subdivision Map Act of the State
of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and
specifications for said development currently under review and tentatively approved by the City
Engineer, and subject to such revisions as may be made to the plans prior to the City
Engineer's final approval, as follows:
. Landscape Architectural Drawinas - Dublin Boulevard. Schaefer Ranch Road. and
Road ~ '. Streetscape. Dublin. California
. Landscape Architectural Drawinas. Schaefer Ranch - Entrv Plans. Dublin. California
Said plans are now, or, if not yet finally approved, will be, on file in the office of the
Public Works Director/City Engineer, and are hereby referred to for a more definite and distinct
description of the work to be performed under this Agreement as though set forth at length
herein; and
WHEREAS, CITY has determined that The Improvements are a public works project
subject to California prevailing wage requirements;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication
of right-of-way and The Improvements in consideration for DEVELOPER's satisfactory
performance of the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
Section 1(a). Desion Plans.
e
DEVELOPER shall submit final plans and specifications (construction documents) for the
plans and specifications identified as currently under review to the CITY for review within 90
days of the execution of this Agreement and shall obtain CITY approval of the final plans and
IMPROVEMENT AGREEMENT
G:\DEVELOP\Schaefer Ranch\lmprovement Agreements\lmp AgmUandscape.DOC
Page 1 of 10
February 5. 2007
.
specifications for the Improvements no later than 180 days from the execution of this
Agreement. CITY shall have 30 calendar days to respond to DEVELOPER's initial submittal and
15 calendar days for any subsequent submittals of revised plans and specifications.
DEVELOPER shall design The Improvements in accordance with the City's Development
Standards. The final design, including detailed plans and specifications, shall be approved by
the CITY, which may require peer review of the design at DEVELOPER's cost. DEVELOPER
shall obtain all required permits and pay all required fees. Construction of The Improvements
shall not begin until the final plans and specifications are approved by the CITY.
Section 1(b). Completion Time.
DEVELOPER will commence construction of The Improvements within one hundred
(180) days following the date on which CITY executes this Agreement. DEVELOPER shall
complete such Improvements no later than two years following execution of this Agreement or
not later than February 20, 2009. Upon completion, DEVELOPER shall furnish CITY with a
complete and reproducible set of final as-built plans of The Improvements, including any
authorized modifications.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is
agreed to be One Million Three Hundred Sixty-Five Thousand Nine Hundred and 00/100
Dollars ($1,365,900.00). Said amount include costs and reasonable expenses and fees which
may be incurred in enforcing the obligation secured.
.
Section 3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with
the following security in a form satisfactory to the CITY Attorney:
a. Faithful Performance. 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 Section 2 and sufficient to assure CITY that
The Improvements will be satisfactorily completed. Any plans and specifications
that have not yet been finally approved by the City Engineer, shall be considered
as part of "The Improvements" for the purpose of this subsection if the City
Engineer has previously reviewed and tentatively approved said plans and
specifications.
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 Section 2 and sufficient to assure CITY that
DEVELOPER'S contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefor.
c.
If required by CITY, a cash deposit, corporate surety bond, or instrument of credit
sufficient to assure CITY that the surface water drainage of the subdivision shall
not interfere with the use of neighboring property, including public streets and
highways.
.
IMPROVEMENT AGREEMENT
G:\DEVELOP\Schaefer Ranch\lmprovement Agreements\lmp AgmUandscape.DOC
Page 2 of 10
February 5, 2007
.
CITY shall be the sole indemnitee named on any instrument required by this Agreement.
Any instrument or deposit required herein and the release thereof shall conform to the
provisions of Chapter 5 of the Subdivision Map Act.
Section 4. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, or
designee, as to form, amount and carrier. Prior to the commencement of work under this
Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed
with the Administrative Services Director, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, as to form,
amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence
work on this contract or subcontract until all insurance required for DEVELOPER and
DEVELOPER's general contractor shall have been so obtained and approved. Said insurance
shall be maintained in full force and effect until the completion of work under this Agreement
and the final acceptance thereof by CITY. All requirements herein provided shall appear either
in the body of the insurance policies or as endorsements and shall specifically bind the
insurance carrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
.
(i)
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General Liability
coverage ("occurrence" form CG 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor Code of
the State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liability: $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 projectllocation or the general aggregate limit shall be twice
the required occurrence limit.
.
(ii)
Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
(iii) Workers' Compensation and Employers Liability: Workers'
IMPROVEMENT AGREEMENT
G:\DEVELOP\Schaefer Ranch\lmprovement Agreements\lmp AgmUandscape.DOC
Page 3 of 10
February 5, 2007
.
compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $1 ,000,000 per accident.
c.
Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of
the CITY, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the CITY, its officers, officials and
employees; or the DEVELOPER shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and
defense expenses.
d.
Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
(i) General Liability and Automobile Liability Coveraoes.
(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 DEVELOPER; products and completed operations of the
DEVELOPER; premises owned, occupied or used by the
DEVELOPER; or automobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain
no special limitations on the scope of the protection afforded
to the CITY, its officers, officials, employees or volunteers.
.
(b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials,
employees and volunteers. Any insurance or self-insurance
maintained by the CITY, its officers, officials, employees or
volunteers shall be excess of the DEVELOPER's insurance
and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the CITY, its officers,
officials, employees or volunteers.
(d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
(ii) Workers' Compensation and Employers Liability Coveraoe. The
insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses
arising from work performed by the DEVELOPER for the CITY.
.
(iii) All Coveraoes.
Each insurance policy required by this clause shall be endorsed to
IMPROVEMENT AGREEMENT
G:\DEVELOP\Schaefer Ranch\lmprovement Agreements\lmp AgmUandscape.DOC
Page 4 of 10
February 5, 2007
.
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the CITY.
(a) Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII.
(b) Verification of Coveraoe. DEVELOPER shall furnish CITY
with certificates of insurance and with original endorsements
effecting coverage required by this clause. The certificates
and endorsements for each insurance 'policy are to be signed
by a person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be received
and approved by the CITY before work commences. The
CITY reserves the right to require complete, certified copies of
all required insurance policies, at any time. -
.
(c) Subcontractors. DEVELOPER and/or DEVELOPER's
general contractor shall include all subcontractors as insureds
under its policies or shall obtain separate certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements
stated herein.
Section 5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies,
materials and devices of whatsoever nature incorporated in, or attached to the work, or
otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all
defects of workmanship and materials for a period of one (1) year after acceptance of the entire
work by CITY. DEVELOPER shall repair or replace any or all such work or material, together
with all or any other work or materials which may be displaced or damaged in so doing, that
may prove defective in workmanship or material within said one-year guarantee period without
expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and
agrees that when defects in design, workmanship and materials actually appear during the one-
year guarantee period, and have been corrected, the guarantee period shall automatically be
extended for the corrected items for an additional year to insure that such defects have actually
been corrected.
.
In the event the DEVELOPER 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 DEVELOPER shall pay to CITY on
demand all costs and expense of such repair. Notwithstanding anything herein to the contrary,
in the event that any defect in workmanship or material covered by the foregoing guarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or
IMPROVEMENT AGREEMENT
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.
welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect,
and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The
foregoing statement relating to hazards to health and safety shall be deemed to include either
temporary or permanent repairs which may be required as determined in the sole discretion and
judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, twenty-five percent (25%) of such costs and
expenses for overhead and interest at the maximum rate of interest permitted by law accruing
thirty (30) days from the date of billing for such work or repairs.
Section 6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representatives for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by DEVELOPER and replaced to the
satisfaction of CITY without any expense to CITY in strict accordance with the Improvements
plans and specifications.
Section 7. Aoreement Assionment.
.
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld.
Section 8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER
should be adjudged as bankrupt, or should make a general assignment for the benefit of
DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of
DEVELOPER's contractors, subcontractors, agents or employees should violate any of the
provisions of this Agreement, the CITY through its City Engineer may serve written notice on
DEVELOPER and DEVELOPER's surety or holder of other security of breach of this
Agreement, or of any portion, thereof, and default of DEVELOPER.
.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall
have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion, by
IMPROVEMENT AGREEMENT
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.
contract or by any other method CITY may deem advisable, for the account and at the expense
of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or
reasonable and documented excess costs occasioned by CITY thereby; and, in such event,
CITY, without liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plant and other property belonging to DEVELOPER as may be on
the site of the work and necessary therefor.
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 DEVELOPER shall be addressed as follows:
.
Schaefer Ranch Holdings, LLC
Attention: Albert Seeno, III, President
4061 Port Chicago Highway, Suite H
Concord, CA 94520
With copy to:
Schaefer Ranch Holdings, LLC
Attention: Jeanne C. Pavo
4021 Port Chicago Highway
Concord, CA 94520
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, DEVELOPER has executed and has
caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may
record said abstract in the Official Records of Alameda County.
Section 10. Use of Streets or Improvements.
.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets
and improvements within the work to be performed under this Agreement shall be at the sole
and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY
for dwellings located within the project site shall not be construed in any manner to constitute a
partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER
agrees that CITY's Building Official may withhold the issuance of building or occupancy permits
IMPROVEMENT AGREEMENT
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.
when the work or its progress may substantially and/or detrimentally affect public health and
safety.
Section 11. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the site of The
Improvements as may be necessary to prevent accidents to the public and damage to the
property. DEVELOPER 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 DEVELOPER, and the entire
site left clean and orderly.
Section 12. Acceptance of Work and Riaht-of-Way.
Upon notice of the completion of The Improvements and the delivery of a set of final as-
built mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City Engineer or
designated representative, shall examine the work without delay, and, 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
DEVELOPER or designated agents of such acceptance subject to Section 5 above.
.
If not previously dedicated on the final map for Tract 6765, DEVELOPER shall
dedicate to CITY by separate instrument any right of way and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements,
and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance
easement dedications.
Section 13. Patent and Copyrioht Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable
for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys'
fees and court costs, which may result from the use of said patented or copyrighted material,
process or publication.
Section 14. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby waive
the provisions of Section 2819 of the Civil Code of the State of California.
. Section 15. Liability.
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
IMPROVEMENT AGREEMENT
G:\DEVELOP\Schaefer Ranch\lmprovement Agreements\lmp AgmUandscape.DOC
Page 8 of 10
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.
design and construction of The Improvements will be performed in a proper
manner. DEVELOPER agrees to indemnify, defend, release, and save
harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, from and against any and all
loss, claims, suits, liabilities, actions, damages, or causes of action of every
kind, nature and description, directly or indirectly arising from an act or
omission of DEVELOPER, its employees, agents, or independent
contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by DEVELOPER, of any of the insurance policies
described in Paragraph 3 hereof.
.
(ii) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered,
or alleged to have been suffered, by reason of any of the aforesaid
operations referred to in this paragraph, regardless of whether or not
CITY has prepared, supplied, or approved of plans and/or
specifications for the subdivision, or regardless of whether or not
such insurance policies shall have been determined to be applicable
to any of such damages or claims for damages.
b.
Desion Defect. If, in the opinion of the CITY, a design defect in the work of
Improvements becomes apparent during the course of construction, or
within one (1) year following acceptance by the CITY of the Improvements,
and said design defect, in the opinion of the CITY, may substantially impair
the public health and safety, OWNER shall, upon order by the CITY,
correct said design defect at OWNER's sole cost and expense, and the
sureties under the Faithful Performance and Labor and Materials Bonds
shall be liable to the CITY for the corrective work required.
c. Litioation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this
Agreement or seeks to specifically enforce the terms of this Agreement,
and, in the event judgment is entered in said action, the prevailing party
shall be entitled to recover its attorneys' fees and court costs. If CITY is the
prevailing party, CITY shall also be entitled to recover its attorney's fees
and costs in any action against DEVELOPER's surety on the bonds
provided under Section 3.
Section 16. Indemnification and Waiver.
.
DEVELOPER shall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive relief) concerning DEVELOPER's construction of
The Improvements on DEVELOPER's property and shall indemnify and hold CITY harmless
from any damages, charges, fees or penalties that may be awarded or imposed against CITY
IMPROVEMENT AGREEMENT
G:\DEVELOP\Schaefer Ranch\lmprovement Agreements\lmp AgmUandscape.DOC
Page 9 of 10
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.
and/or DEVELOPER in connection with, or on account of, DEVELOPER's construction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
Section 17. Recitals.
The foregoing Recitals are true 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.
CITY:
City of Dublin:
DEVELOPER:
Schaefer Ranch Holdings, LLC
a California limited liability company
~ (. { ( 01,
.
ATTEST:
By: ~~~
Fawn Ho man, City Clerk
?\ ( (~l
Albert D. Seeno III
Typed or Printed Name
Date:
President
Title
Februa~ 6. ~007
Date
.
IMPROVEMENT AGREEMENT
G:\DEVELOP\Schaefer Ranch\lmprovement Agreements\lmp AgmUandscape.DOC
Page 10 of 10
February 5. 2007
ALL PURPOSE CALIFORNIA ACKNOWLEDGEMENT
....................................................................................................................................... .....................................................
State of California
County of Contra Costa
}"
On February 6, 2007
, before me, D. Panteles
personally appeared Albert D. Seeno III
personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~...........~
o pANTELES G'>
OOMM #1558733 Q'J
01!>Jf'( PuBUC - cALIFORNIA ]
N RACOSTACOUNT\'
o M g>r:. E)(pires March 13, 2000 J
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Signatu~~~~ ~
(seal)
* ** *** * * ** * ** * * * * * ** * * * ** * * * * * * * * * * * * * * * * * * OPTIONAL INFORMA TION* * * * * * * * * * * * * * * * * * * * * ** ** * * * ** * *** * * * *
The following information is not required by law, however it may be helpful in preventing fraudulent use of this
acknowledgement.
City of Dublin Improvement Agreement- Schaefer Ranch
DOCUMENT TITLE OR DESCRIPTION
DOCUMENT DATE:
NUMBER OF PAGES:
~
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~
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COMMENTS:
.
...............................................................................................................................................................................................
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2
.
-p;.jij- -
~UVIS
Date: December 8, 2006
Client Discovery Builders
Project # 97-803.33
Prepared by: Ric Hendricks
LANDSCAPE ARCHITECTURE
-A NDPI'AN-NI-N G
Statement of Probable Construction Cost
. .. Etiti1eS-Tract #6765
Construction
380 LF 6' Stone VeneerWaU
90 LF Low Stucco WaD
6 EA 8'-6" Stone Veneer Pilaster
14 EA 7'-(1' Stone Veneer PUaster
16 EA 6'-6" Stone Veneer Pilaster
113 LF 18" Concrete Band
510 LF 6" Concrete Header
580 LF Two Rail Wood Fence
@ 100.00 LF
@ 35.00 LF
@ 850.00 EA
@ 700.00 EA
@ 650.00 EA
@ 18.00 LF
@ 10.00 LF
@ 15.00 LF
Site Work Subtotal
IrrIgation
3 EA Controner
21.165 SF Automatic Spray Irrigation
@ 2,500.00 EA
@ 1.50 SF
Irrigation Subtotal
.
PIantlna
203,665 SF Soil Preparation and Fine Grading
123 EA 24" Box Trees
250 EA 15 Gal. Trees
273 EA 5 Gal. Shrub
484 EA 2 Gal. Shrub
3,390 EA 1 Gal ShrubfGroundcover
7,600 SF Sod
182,500 SF Hydroseed (Non-Irrigated)
13.565 SF Bark Mulch
@ 0.45 SF
@ 250.00 EA
@ 95.00 EA
@ 20.00 EA
@ 12.00 EA
@ 9.00 EA
@ 0.75 SF
@ 0.20 SF
@ 0.70 SF
Planting Subtotal
Post Installation Maintenance
196,065 SF 1 Year Post InstaDation Maint
@ 0.22 SF
Post Maintenance Subtotal
Entries SubtotaJ
15% Contigency
GRAND TOTAL
N.tC.
Bulk Grading. Drainage. Curbs, Street Lighting, Water. Electrical Meters, Permils,
and Landscape Architectural Fees.
NUVlS prepares such statement on !he basis of the materialS specified on !he drawings and our best
professional judgment and experience with the construction industry. The statement represents
assumptions and options of the conslruction market and contractor's me!hods of determining
.
5 Crow Canyon Court, Suite 110
San Ramon, CA 94583
o 925,820.2772
o 925.820.2711
G nuvis.sr@nuvis.net
(0 www.nuvis.net
$38,000
$3,200
$5,100
$9,800
$10,400
$2,000
$5,100
$8,700
$82,300
$7,500
$31,700
$39,200
$91,600
$30.800
$23,800
$5,500
$5,800
$30,500
$5,700
$36,500
$9,500
$239.700
$43,100
$43,100
$404,300
$60,600
$464,900
.
.:iiI -
NUVIS
Date: December 8, 2006
Client Discovery Builders
Project # 97-803.33
Prepared by: Ric Hendricks
LANDSCAPE ARCHITECTURE
-A N D P LAN N IN.G .
statement of Probable Construction Cost
Streetscape Tractf#6765.
Construction
31.800 SF Concrete Median Paving/Pavers
@ 12.00 SF
Site Work Subtotal
lrrIaafJon
4 EA Controller
32,670 SF Automatic Spray Irrigation
@ 2,500.00 EA
@ 1.50 SF
Irrigation Subtotal
P1antina
149,870 SF SoD Preparation and Fine Grading
2 EA 48" Box Trees
53 EA 36" Box Trees
25 EA 24" Box Trees
693 EA 15 Gal. Trees
4,200 EA 5 Gal. ShrublGroundcover
117.200 SF Hydroseed (Non-Irrigated)
32.670 SF Bark Mulch
@ 0.45 SF
@ 1,500.00 EA
@ 700,00 EA
@ 250.00 EA
@ 95.00 EA
@ 20.00 EA
@ 0.20 SF
@ 0.70 SF
Planting Subtotal
Post InstaBafJon Maintenance
149,870 SF 1 Year Post Installation Maint
@ 0.22 SF
Post Maintenance Subtotal
.
Streetscape Subtotal
15% Contigency
GRAND TOTAL
N.I.C.
Bulk Grading, Drainage. Curbs, Street Ughting, Water, Electrical Meters, Pennits.
and Landscape Architectural Fees.
NUVlS prepares such statement on the basis of the materials specified on the drawings and our best
professional judgment and experience with the consfruclion industry. The statement represents
assumptions and options of the construction mar1<et and contractor's methods of detennining
Ie, \1
.1 -
.
5 Crow Canyon Court. Suite 110
San Ramon. CA 94583
o 925.820.2772
I) 925.820.2711
o nuvjs~sr@nuvis.net
G!I www.nuvis.net
$381,600
$381.600
$10.000
$49,000
$59.000
$67,400
$3,000
$37,100
$6.300
$65.800
$64,000
$23,400
$22,900
$309,900
$33,000
$33,000
$783,500
$117,500
$901,000
.
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
IMPROVEMENTS FOR TRACT 6765 - PHASE 2, SCHAEFER RANCH
(SCHAEFER RANCH HOLDINGS, LLC)
This Agreement (Agreement) is made and entered into this 20th day of February, 2007,
by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY",
and Schaefer Ranch Holdings, LLC, a California Limited Liability Company (hereinafter referred
to as "DEVELOPER").
RECITALS
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain public
improvements (hereafter "The Improvements") shown on Tract 6765, in accordance with the
requirements and conditions set forth within the City of Dublin Planning Commission
Resolution No. 98-38 (PA 96-037), adopted on August 11, 1998, and Planning Commission
Resolution No. 06-16 (PA 06-031), adopted on June 27, 2006, and City Council Ordinance
No. 11-06 adopted on August 1, 2006; the requirements of the Subdivision Map Act of the State
of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and
specifications for said development approved by the City Engineer as follows:
.
· "Interim Gradinq Plans - Phase 2. Schaefer Ranch, Kellv Canvon Fill, Tract 6765,
Dublin, California" (6 Sheets: C1-C4,G1 ,E1), prepared by PIA Design Resources, Inc.
and ENGEO Inc. Approved on 9/14/06.
And those certain plans and specifications for said development currently under review
and tentatively approved by the City Engineer, and subject to such revisions as may be.made to
the plans prior to-the City Engineer's final approval, as follows:
· Gradinq Plans - Phase 2, Schaefer Ranch. Tract 6765, Dublin, California
· Geotechnical Corrective Gradinq Plans - Phase 2, Schaefer Ranch. Tract 6765, Dublin,
California
· Erosion Control Plans - Phase 2, Schaefer Ranch, Tract 6765, Dublin, California
· Tract 6765 Improvement Plans - Phase 2, Schaefer Ranch, Dublin, California
· Joint Trench Improvement Plans, Schaefer Ranch, Schaefer Ranch Road and Dublin
Boulevard, Phase 2 - Tract 6765, Dublin, California
· Street Liqht Improvement Plans, Schaefer Ranch, Schaefer Ranch Road and Dublin
Boulevard, Phase 2 - Tract 6765, Dublin, California
· Landscape Improvement Sleevinq Plans, Schaefer Ranch, Schaefer Ranch Road and
Dublin Boulevard, Phase 2 - Tract 6765. Dublin. California
.
Said plans are now, or, if not yet finally approved, will be, on file in the office of the Public
Works Director/City Engineer, and are hereby referred to for a more definite and distinct
description of the work to be performed under this Agreement as though set forth at length
IMPROVEMENT AGREEMENT
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February 5, 2007
herein; and
. WHEREAS, CITY has determined that The Improvements are a public works project
subject to California prevailing wage requirements;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication
of right-of-way and The Improvements in consideration for DEVELOPER's satisfactory
performance of the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
Section 1 (a). Desion Plans.
.
DEVELOPER shall submit final plans and specifications (construction documents) for the
plans and specifications identified as currently under review to the CITY for review within 90
days of the execution of this Agreement and shall obtain CITY approval of the final plans and
specifications for the Improvements no later than 180 days from the execution of this
Agreement. CITY shall have 30 calendar days to respond to DEVELOPER's initial submittal and
15 calendar days for any subsequent submittals of revised plans and specifications.
DEVELOPER shall design The Improvements in accordance with the City's Development
Standards. The final design, including detailed plans and specifications, shall be approved by
the CITY, which may require peer review of the design at DEVELOPER's cost. DEVELOPER
shall obtain all required permits and pay all required fees. Construction of The Improvements
shall not begin until the final plans and specifications are approved by the CITY.
Section 1(b). Completion Time.
DEVELOPER will commence construction of The Improvements within one hundred
eighty (180) days following the date on which CITY executes this Agreement. DEVELOPER
shall complete such Improvements no later than two years following execution of this
Agreement or not later than February 20,2009. Upon completion, DEVELOPER shall furnish
CITY with a complete and reproducible set of final as-built plans of The Improvements,
including any authorized modifications.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is
agreed to be Thirteen Million One Hundred Seventy-Five Thousand One Hundred and
00/100 Dollars ($13, 175, 100.00). Said amount include costs and reasonable expenses and
fees which may be incurred in enforcing the obligation secured.
Section 3. Bonds Furnished.
e
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with
the following security in a form satisfactory to the CITY Attorney:
IMPROVEMENT AGREEMENT
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Page 2 of 11
February 5, 2007
a.
Faithful Performance. 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 Section 2 and sufficient to assure CITY that
The Improvements will be satisfactorily completed. Any plans and specifications
that have not yet been finally approved by the City Engineer, shall be considered
as part of "The Improvements" for the purpose of this subsection if the City
Engineer has previously reviewed and tentatively approved said plans and
specifications.
.
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 Section 2 and sufficient to assure CITY that
DEVELOPER'S contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefor.
c. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit
sufficient to assure CITY that the surface water drainage of the subdivision shall
not interfere with the use of neighboring property, including public streets and
highways.
.
CITY shall be the sole indemnitee named on any instrument required by this Agreement.
Any instrument or deposit required herein and the release thereof shall conform to the
provisions of Chapter 5 of the Subdivision Map Act.
Section 4. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, or
designee,as to form, amount and carrier. Prior to the commencement of work under this
Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed
with the Administrative Services Director, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, as to form,
amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence
work on this contract or subcontract until all insurance required for DEVELOPER and
DEVELOPER's general contractor shall have been so obtained and approved. Said insurance
shall be maintained in full force and effect until the completion of work under this Agreement
and the final acceptance thereof by CITY. All requirements herein provided shall appear either
in the body of the insurance policies or as endorsements and shall specifically bind the
insurance carrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
e
(i)
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
IMPROVEMENT AGREEMENT
G:\DEVELOP\Schaefer Ranch\lmprovement Agreements\lmp Agmt_phase 2.DOC
Page 3 of 11
February 5. 2007
.
Liability; or Insurance Services Office Commercial General Liability
coverage ("occurrence" form CG 0001.)
(ii)
Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(iii)
Workers' Compensation insurance as required by the Labor Code of
the State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liability: $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 Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
.
(iii) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $1 ,000,000 per accident.
c. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of
the CITY, either the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the CITY, its officers, officials and
employees; or the DEVELOPER shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and
defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
(i) General Liability and Automobile Liability Coveraoes.
(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 DEVELOPER; products and completed operations of the
DEVELOPER; premises owned, occupied or used by the
DEVELOPER; or automobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain
no special limitations on the scope of the protection afforded
to the CITY, its officers, officials, employees or volunteers.
.
IMPROVEMENT AGREEMENT
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February 5, 2007
(b)
The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials,
employees and volunteers. Any insurance or self-insurance
maintained by the CITY, its officers, officials, employees or
volunteers shall be excess of the DEVELOPER's insurance
and shall not contribute with it.
.
(c) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the CITY, its officers,
officials, employees or volunteers.
(d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
(ii)
Workers' Compensation and Employers Liability Coveraoe. The
insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses
arising from work performed by the DEVELOPER for the CITY.
(iii)
All Coveraoes.
.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the CITY.
(a) Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII.
(b) Verification of Coveraoe. DEVELOPER shall furnish CITY
with certificates of insurance and with original endorsements
effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be received
and approved by the CITY before work commences. The
CITY reserves the right to require complete, certified copies of
all required insurance policies, at any time.
(c)
Subcontractors. DEVELOPER and/or DEVELOPER's
general contractor shall include all subcontractors as insureds
under its policies or shall obtain separate certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements
stated herein.
.
IMPROVEMENT AGREEMENT .
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February 5. 2007
Section 5. Work Performance and Guarantee.
.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies,
materials and devices of whatsoever nature incorporated in, or attached to the work, or
otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all
defects of workmanship and materials for a period of one (1) year after acceptance of the entire
work by CITY. DEVELOPER shall repair or replace any or all such work or material, together
with all or any other work or materials which may be displaced or damaged in so doing, that
may prove defective in workmanship or material within said one-year guarantee period without
expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and
agrees that when defects in design, workmanship and materials actually appear during the one-
year guarantee period, and have been corrected, the guarantee period shall automatically be
extended for the corrected items for an additional year to insure that such defects have actually
been corrected.
.
In the event the DEVELOPER 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 DEVELOPER shall pay to CITY on
demand all costs and expense of such repair. Notwithstanding anything herein to the contrary,
in the event that any defect in workmanship or material covered by the foregoing guarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or
welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect,
and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The
foregoing statement relating to hazards to health and safety shall be deemed to include either
temporary or permanent repairs which may be required as determined in the sole discretion and
judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, twenty-five percent (25%) of such costs and
expenses for overhead and interest at the maximum rate of interest permitted by law accruing
thirty (30) days from the date of billing for such work or repairs.
Section 6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representatives for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by DEVELOPER and replaced to the
satisfaction of CITY without any expense to CITY in strict accordance with the Improvements
plans and specifications.
. Section 7. Aoreement Assionment.
IMPROVEMENT AGREEMENT
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February 5. 2007
.
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld.
Section 8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER
should be adjudged as bankrupt, or should make a general assignment for the benefit of
DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of
DEVELOPER's contractors, subcontractors, agents or employees should violate any of the
provisions of this Agreement, the CITY through its City Engineer may serve written notice on
DEVELOPER and DEVELOPER's surety or holder of other security of breach of this
Agreement, or of any portion, thereof, and default of DEVELOPER.
.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall
have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisable, for the account and at the expense
of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or
reasonable and documented excess costs occasioned by CITY thereby; and, in such event,
CITY, without liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plant and other property belonging to DEVELOPER as may be on
the site of the work and necessary therefor.
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 DEVELOPER shall be addressed as follows:
Schaefer Ranch Holdings, LLC
IMPROVEMENT AGREEMENT
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February 5. 2007
.
Attention: Albert Seeno, III, President
4061 Port Chicago Highway, Suite H
Concord, CA 94520
With copy to:
Schaefer Ranch Holdings, LLC
Attention: Jeanne C. Pavo
4021 Port Chicago Highway
Concord, CA 94520
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, DEVELOPER has executed and has
caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may
record said abstract in the Official Records of Alameda County.
Section 10. Use of Streets or Improvements.
.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets
and improvements within the work to be performed under this Agreement shall be at the sole
and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY
for dwellings located within the project site shall not be construed in any manner to constitute a
partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER
agrees that CITY's Building Official may withhold the issuance of building or occupancy permits
when the work or its progress may substantially and/or detrimentally affect public health and
safety.
Section 11. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the site of The
Improvements as may be necessary to prevent accidents to the public and damage to the
property. DEVELOPER 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 DEVELOPER, and the entire
site left clean and orderly.
Section 12. Acceptance of Work and Rioht-of-Way.
.
Upon notice of the completion of The Improvements and the delivery of a set of final as-
built mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City Engineer or
designated representative, shall examine the work without delay, and, 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
DEVELOPER or designated agents of such acceptance subject to Section 5 above.
IMPROVEMENT AGREEMENT
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February 5. 2007
.
If not previously dedicated on the final map for Tract 6765, DEVELOPER shall
dedicate to CITY by separate instrument any right of way and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements,
and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance
easement dedications.
Section 13. Patent and Copyrioht Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable
for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys'
fees and court costs, which may result from the use of said patented or copyrighted material,
process or publication.
Section 14. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby waive
the provisions of Section 2819 of the Civil Code of the State of California.
.
Section 15. Liability.
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will be performed in a proper
manner. DEVELOPER agrees to indemnify, defend, release, and save
harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, from and against any and all
loss, claims, suits, liabilities, actions, damages, or causes of action of every
kind, nature and description, directly or indirectly arising from an act or
omission of DEVELOPER, its employees, agents, or independent
contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by DEVELOPER, of any of the insurance policies
described in Paragraph 3 hereof.
(ii)
That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered,
or alleged to have been suffered, by reason of any of the aforesaid
operations referred to in this paragraph, regardless of whether or not
CITY has prepared, supplied, or approved of plans and/or
specifications for the subdivision, or regardless of whether or not
.
IMPROVEMENT AGREEMENT
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February 5, 2007
.
such insurance policies shall have been determined to be applicable
to any of such damages or claims for damages.
b.
Desion Defect. If, in the opinion of the CITY, a design defect in the work of
Improvements becomes apparent during the course of construction, or
within one (1) year following acceptance by the CITY of the Improvements,
and said design defect, in the opinion of the CITY, may substantially impair
the public health and safety, OWNER shall, upon order by the CITY,
correct said design defect at OWNER's sole cost and expense, and the
sureties under the Faithful Performance and Labor and Materials Bonds
shall be liable to the CITY for the corrective work required.
c.
Litioation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this
Agreement or seeks to specifically enforce the terms of this Agreement,
and, in the event judgment is entered in said action, the prevailing party
shall be entitled to recover its attorneys' fees and court costs. If CITY is the
prevailing party, CITY shall also be entitled to recover its attorney's fees
and costs in any action against DEVELOPER's surety on the bonds
provided under Section 3.
Section 16. Indemnification and Waiver.
.
DEVELOPER shall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive relief) concerning DEVELOPER's construction of
The Improvements on DEVELOPER'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 DEVELOPER in connection with, or on account of, DEVELOPER's construction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
Section 17. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
.
IMPROVEMENT AGREEMENT
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February 5. 2007
.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
By:
Ja
DEVELOPER:
Schaefer Ranch Holdings, LLC
a California limited liability company
CITY:
City of Dublin:
Date:
ATTEST:
By ~\ 1 ~~ ~
Fawn Holman, City Clerk
Date: ~! ~ { u 1
Albert D. Seeno III
Typed or Printed Name
President
Title
.
February 6, 2007
Date
.
IMPROVEMENT AGREEMENT
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February 5, 2007
ALL PURPOSE CALIFORNIA ACKNOWLEDGEMENT
......................................................................................................................................................................,.....................
State of California
County of Contra Costa
}$
On February 6, 2007
, before me, D. Panteles
personally appeared Albert D. Seeno III
personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
. -D.+P;-NITLfS-~"1
OOMM. #1558733 ~
1ft NOTARY PUBUC - CALIFORNIA "tJ
\J CONTRA COSTA COUNTY ...
~:........ ~ . 4 ,~~ :O~. :~i~ ~~yl; ~y ~
.
Signat~~..~~_x~~~~~
(seal)
* * * * * * * * * * ** * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * *OPTIONAL INFORMA TION* * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * *** * **
The following information is not required by law, however it may be helpful in preventing fraudulent use of this
acknowledgement.
City of Dublin Improvement Agreement- Schaefer Ranch
DOCUMENT TITLE OR DESCRIPTION
DOCUMENT DATE:
NUMBER OF PAGES:
~
~
~
~
~
~
~
~
2
COMMENTS:
~
o
~
~
e
~
. i
.
.............................................................................................................................................................................................
.
$I
$I
Project No: m024-20-0256
Page 1 of :2
Schaefer Ranch
.. QUJ1.ttjiJy Ta.l<e""olfofP1UJse.2Jmpl'ol'enuml'1fOl:._ ..___.__ _._
Schaefer Ranch Project
based on the unapproved Phase) Grading & Improvement Plans
Subdivision 6765, dated November 20, )()()6
December. 2()()6
Item
Unit
Gradint!
Excavation & comp;lctioll (including clear & grub)(25%)
Fine Grading
EVAE and Trail Fine Grading
I,In5,238 CY
921,091 SF
161,641 SF
.
Storm Drain
IS" ADS-NI2
IS" ADS-N.12
24" ADS-NI2
30" ADS-NI2
36" ADS-NI2
IS" RCP CLASS III
24" RCP CLASS III
30" Rep CLASS III
36" Rep CLASS III
42" RCP CLASS HI
54" RCP CLASS III
Type A Catchbasills
Type B Catclibasins
Type C CatchbasinscField Inlets
Manholes
Santa Rosa Type 1 R
Basininlct special stmcture
Concrete spillway
Modified Type 'D' Head Wan
Concrete 'V' Ditch... at 6', 10' & 12" benches
Concrete 'J' Ditch
3259 LF
9028 LF
230 LF
590 LF
2025 LF
6.256 LF
2517 LF
2,602 LF
2A41 LF
350 If
628 LF
78 EA
44 EA
97 EA
32 EA
4EA
1 EA
1 EA
8 EA
24,693 LF
7,411 LF
'1
t,
Unit Price Tot.ll Amount
3.25 $3,787,023.50
0.17 $156,585.40
0.17 $27,478.96
30.00
36.00
48.00
60.00
72.00
33.00
36.00
50.00
63.00
74.00
95.00
1.500.00
2,500.00
1,500.00
2,100.00
2,000.00
5.000.00
15,000.00
4,000.00
20.00
20.00
$97,773.00
$325,009.80
$11,038.56
$35,425.80
$145,804.32
$206A48.00
$90,612.00
$130,IOo,()0
$153.7XJ.OO
25,900.0()
$59,677.10
$117,000.00
$110,OOO,O()
$145.500.0()
$67,2()().OO
$8..000.00
$5,000.00
$15,000.00
$32,000.00
$493,854.80
$148,213.40
Phd3e2CostEs'!21306,xl.$.
. :2 700 /gnacic Variey RGad. Swto fen Vlalnut Creek C2iiforma 9<1';;98<:"162 Td.' {9;'S) ::! 09300 Fax: 1925; ;:;: ('..9303
.
Project No: 03024-20-0256
Page 2 of '2
Schaefer Ranch
Quantity Take-off of Ph ase 2 Improvementsfor
Schaefer Ranch PnJ.iect
-- --- -based on.the'unttpprovetl Phase 2-Gratli1t!f~ InlprovementPlcms
Subdivision 6765, elated November 20, 2()()6
December, 2lJ06
Item
Unit Unit Price Total Amount
7,929 LF 15.00 $118.942.20
20,296 LF 20.00 $405,920.00
3,128 LF 25.00 $78,2()O.OO
38)70 LF 2.25 587,232.43
1,994 LF 14.00 527,916.00
38 EA 1,500.00 57,000.00
36,240 SF non 434,880.00
3100 SF 18,00 55,800.00
1,961 LF 21.00 $41,171.76
101 EA 300.00 $30,300.00
113,770 SF 5.00 $5ML850.00
534,281 SF 4.50 $2,404,264.50
87 EA 2,200JJO 51 191,400.()O
5 EA 3,000.00 $15,000.00
235.21 AC I.,SOO,OO $352,8 J 5.00
1 LS 120,OOO.{)O $ Ilo.oon.no
Street Imllroveml~nts
Curb aud guttcr only
Curb and gutter wl5' sidew<llk
Curb and gutter w/S' sidewalk
EVAE all weather aCcess road
Median curb
Curb Ramp
Driveways
Decorative Paving ( Incl. Concrete Bands)
Roadsidc ditch lined w/Tcnsar Erosion Mat
Street monulllcnts
5.5" AC/13" AB
3.0" /\C/9" AB
.
Utilities: Electric/Gas, Cable &Phonc
Street light - 1;,;ngle cobra
Street light - double cobra
Erosion Control
Hydrosccdil1g (1st & 2nd season)
General Protection (2 construction seasons)
Traffic Control
Street Signs
Striping
~<.
\.\
\pesign C~st
\\
\\:~\
I LS
I LS
22,500.00
25,000.00
$22,500.00
$25,000.00
t.;
J LS
25,.000.00 .
$25,000.00
Total
15% Cortiingency.
Grand Total
11,456,619.54
1,718,492.93
13,175,112.47
Rounding for bonding purposes:
13,175,100.0t)
Razmik Avedian, P.E.
R.C.E. 53063 EXPIRES 6J30/07
PI A Design Resources, Inc.
~/t,;/ 07
I Dati I
.
Phase 2 Cost Es 12 13 OO.xb