HomeMy WebLinkAbout4.08 Approval of Improvement Agreement for Improvements Associated with Tract 7540, Phase IV - Silvera Ranch, (Pheiffer Ranch Investors II, Inc.)SUBJECT:
ATTACHMENTS:
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CITY CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 15, 2007
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Approval of Improvement Agreement for Improvements
Associated with Tract 7540, Phase IV — Silvera Ranch,
(Pfeiffer Ranch Investors II, Inc.)
Report Prepared by: Mark Lander, City Engineer
1) Resolution approving the Improvement Agreement, Tract
7540, together with Exhibit "A", Improvement Agreement
2) Vicinity Map
RECOMMENDATION: � jam Adopt the Resolution Approving the Improvement Agreement
FINANCIAL STATEMENT:
Pfeiffer Ranch Investors II, Inc., has provided a Performance Bond
and a Labor and Materials Bonds, each in the total amounts of
$2,334,925 (Bond No. 721298S) and $56,768 (Bond No. 721297S),
to guarantee the construction of improvements, and will pay the cost
of associated construction inspection costs. Once the improvements
have been constructed and accepted, the City will incur maintenance
costs for the street improvements.
DESCRIPTION: Pfeiffer Ranch Investors II, Inc. (dba Pinn Brothers Fine Homes,
Inc.) is seeking City Council approval of the Improvement Agreement associated with Tract 7540, Phase
IV — Silvera Ranch. Phase IV will create the final 44 single-family homes, located on the east side of
Tassajara Road immediately north of the Nielsen property. The developer is not requesting approval of
the final map for Tract 7540 at this time; approval of the Improvement Agreement is being requested in
order to allow construction of the improvements associated with Phase IV. Street improvements
associated with the final map include the realignment and reconstruction of Tassajara Road along the
project frontage to conform with the Tassajara Road Precise Alignment and the extension of Fallon Road
from Tassajara Road to the south end of the property. It is anticipated that the final map will be filed later
this year.
COPY TO: Dale Garren, Pinn Brothers
Page 1 of 2
ITEM NO. 4+5 dA
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An Improvement Agreement has been executed by Pfeiffer Ranch Investors to assure that all required
improvements are installed to the City's satisfaction. The improvements are guaranteed by two
performance bonds and two labor and materials bonds, each in the amounts of $2,334,925 (Bond Number
721298S) and $56,768 (Bond No. 721297S). It is expected that the work covered by the larger bond will
be completed by the end of 2007, at which time the bond can be released. The smaller of the bonds is for
a short length of the Fallon Road improvements located immediately north of the Dublin Ranch boundary.
The developer will not be able to complete this work until the Lin Family has completed a bridge on
Fallon Road at the Silvera Ranch-Dublin Ranch border in late 2008.
Staff recommends that the City Council adopt the resolution approving the Improvement Agreement.
Page 2 of2
\ O()B
RESOLUTION NO. - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING IMPROVEMENT AGREEMENT ASSOCIATED WITH
TRACT 7540, PHASE IV - SILVERA RANCH (PFEIFFER RANCH INVESTORS II, INC.)
WHEREAS, the Silvera, Haight, and Nielsen properties, together with the abutting segment of
Tassajara Road (formerly County Road 2568), were annexed to the City of Dublin and to the Dublin San
Ramon Services District via Local Agency Formation Commission (LAFCO) Resolution No. 2003-01-A
on January 9,2003 (recorded on May 5,2003, in Book 264 of Maps at Page 34); and
WHEREAS, the City of Dublin Planning Commission adopted Resolution No. 03-48 on
September 23,2003, approving the Vesting Tentative Map and Site Development Review for Tract 7441
(including Phase IV, also known as Tract 7540), subject to Conditions of Approval regarding required on-
site/off-site improvements (P A 02-024); and
WHEREAS, Pfeiffer Ranch Investors II, Inc., has executed and filed with the City of Dublin an
Improvement Agreement to install improvements associated with Phase IV in accordance with the
Planning Commission Resolution, and in conformance with the improvement plans and the specifications
attached thereto; and
WHEREAS, said Improvement Agreement is secured by two bonds in the amounts of $2,334,925
(Bond No.721298S) and $56,768 (Bond No.721297S) issued by Developers Surety and Indemnity
Company, conditioned upon faithful performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by two bonds in the amounts of $2,334,925
(Bond No.721298S) and $56,768 (Bond No.721297S) issued by Developers Surety and Indemnity
Company, conditioned upon payment for labor performed or material furnished under the terms of said
Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Agreement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Improvement Agreement in duplicate, attached hereto as Exhibit "A," by the following vote:
PASSED, APPROVED AND ADOPTED this 15th day of May, 2007.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
5-/5-D[ y..<f{
ATTAUDMENT I.
~1:J7
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
IMPROVEMENTS FOR TRACT 7540, PHASE IV - SILVERA RANCH
(PFEIFFER RANCH INVESTORS II, INC.)
This agreement is made and entered into this 15th day of May, 2007, by and between
the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Pfeiffer
Ranch Investors II, Inc. (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 7540, also known as Phase IV,
Silvera Ranch, in accordance with the requirements and conditions set forth within the City of
Dublin Planning Commission Resolution No. 03-48 (PA 02-024), adopted on September 23,
2003, and City Council Resolution No. 207-03 adopted on October 21,2003; 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:
· "Improvement Plans, Tract 7540 - Silvera Ranch (Phase 4), City of Dublin, Alameda
County, California" (15 Sheets: 1-15), prepared by Ruggeri-Jensen-Azar & Associates,
approved January 17, 2007
· "Joint Trench Improvement Plan, Tract 7540 - Silvera Ranch", prepared by Udi-Tetrad,
Inc, (19 Sheets: Sheets 1-19), approved July 19, 2006
. "Joint Trench Improvement Plan, Tract 7540 - Silvera Ranch, Pole Relocation",
prepared by Udi-Tetrad, Inc, (4 Sheets: Sheets 1-4), approved June 26,2006
· "Landscape Plans Tract 7540 Silvera Ranch - The Estates Phase 4, prepared by Rose
Associates (37 Sheets, Sheets 1-37), approved April 5, 2007
· "Silvera Ranch/Fallon Road Traffic Signal Improvements", (12 Sheets: TS1-10 and
SS1-2), prepared by T JKM Transportation Consultants, approved November 3, 2006
Said plans are now on file in the office of the 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; ,l\
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants ,.J) ~
IMPROVEMENT AGREEMENT EXHIBIT A
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To the Resolution
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herein contained, the parties agree as follows:
Section 1. Completion Time.
DEVELOPER will commence construction of The Improvements within ninety (90) 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
October 31,2009. The CITY acknowledges that completion of the portion of Fallon Road south
of Cydonia Court is dependent upon completion of certain improvements to Fallon Road
(including grading and bridge construction) on the adjoining property to the south by a third
party under a separate agreement between the City and that party. The developer may request,
and the City shall grant if requested, a 12-month extension for the construction of Fallon Road
south of Cydonia Court if the developer is unable to complete this portion of the road due to
incompletion of the third-party improvements. The developer may ask for additional extensions,
which the City shall not unreasonably deny, if needed due to continued delay in the completion
of the third-party improvements.
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 Two Million, Three Hundred and Thirty Four Thousand and Nine Hundred
and Twenty Five Dollars and Zero Cents ($2,334,925.00), for all items of work excepting the
portion of Fallon Road south of Cydonia Court, and Fifty Six Thousand, Seven Hundred and
Sixty Eight Dollars and Zero Cents ($56,768) for the items of work associated with Fallon
Road south of Cydonia Court.. Said amounts 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 Paragraph 2 and sufficient to assure CITY that
The Improvements will be satisfactorily completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a
company duly and legally licensed to conduct a general surety business in the
State of California, or an instrument of credit equivalent to one hundred percent
(100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that
DEVELOPER'S contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefor.
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CITY shall be the sole indemnitee named on any instrument required by this Agreement.
Any instrument or deposit required herein 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 Liabilitv 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. 1n8) 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 Liabilitv: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If commercial
General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(ii) Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
(iii) Workers' Compensation and Employers Liability: Workers'
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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.
c. 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
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.
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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) Acceptabilitv 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.
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 contra ,
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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 OWNER 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 ~
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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:
Pinn Brothers Construction, Inc.
Attention: Alan R. Pinn, President
1475 Saratoga Avenue, Suite 250
San Jose, CA 95129
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Company Name: Developers Surety and Indemnity Company
Attention: Timothy Starbird
Street Address: 17780 Fitch Way, Ste. 200
Irvine, CA 92614
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.
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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 7540 , 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.
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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. 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. Litigation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this
Agreement or seeks to 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
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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 OF DUBLIN:
DEVELOPER:
Pfeiffer Ranch Investors II, Inc.
By:
Janet Lockhart, Mayor
BY:~€~
If WI ,R. fln'n
Typed or Printed Name'
Date:
ATTEST:
Date:
, ~
:C-ls ~N.AI
Title '
l' J/h ft7
Date / '
By:
Fawn Holman, City Clerk
IMPROVEMENT AGREEMENT Page 10 of 1
C:\Documents and Settings\Dale Garren\Local Settings\Temporary Internet Files\OLK1C\lmprovement Agreement_ Phase IV Revised (2)
April 5, 2007
(20f) 13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of ~J1..4 aft(
On Af'd /" /2{)O7, before
Date
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me,
personally
appeared
Name and Title)l70fficer (e.g., "Jane Doe, Notary Public")
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Name(s) of Signer(s)
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ROMEO N, CASTR~ .
Comm, No.1662329 ~
NOTARY PUBllC . CAUr-ORNL,,- ~
SANTA CLARA COUNTY <(
. Comm. Expires April 3D, 2010
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~erSonallY known to me
o 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.
Place Notary Seal Above
Yhanda~~
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
.
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Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
Signer Is Representing:
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TRACT 7540
SILVERA RANCH - PHASE 4
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ALAlIBDA COUN1Y 1lIJCOlUlS
CITY OF DUBI.JN
ALAMEDA COUNTY. CALIFORNIA
RUGGERI-JENSEN-AZAR 8< ASSOCIATES
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SIllltT 3 OF Ie S!ItRT9
RESOLUTION NO. 67 - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING IMPROVEMENT AGREEMENT ASSOCIATED WITH
TRACT 7540, PHASE IV — SILVERA RANCH (PFEIFFER RANCH INVESTORS II, INC.)
WHEREAS, the Silvera, Haight, and Nielsen properties, together with the abutting segment of
Tassajara Road (formerly County Road 2568), were annexed to the City of Dublin and to the Dublin San
Ramon Services District via Local Agency Formation Commission (LAFCO) Resolution No. 2003-01-A
on January 9, 2003 (recorded on May 5, 2003, in Book 264 of Maps at Page 34); and
WHEREAS, the City of Dublin Planning Commission adopted Resolution No. 03-48 on
September 23, 2003, approving the Vesting Tentative Map and Site Development Review for Tract 7441
(including Phase IV, also known as Tract 7540), subject to Conditions of Approval regarding required on-
site/off-site improvements (PA 02-024); and
WHEREAS, Pfeiffer Ranch Investors II, Inc., has executed and filed with the City of Dublin an
Improvement Agreement to install improvements associated with Phase IV in accordance with the
Planning Commission Resolution, and in conformance with the improvement plans and the specifications
attached thereto; and
WHEREAS, said Improvement Agreement is secured by two bonds in the amounts of $2,334,925
(Bond No.7212985) and $56,768 (Bond No.7212975) issued by Developers Surety and Indemnity
Company, conditioned upon faithful performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by two bonds in the amounts of $2,334,925
(Bond No.721298S) and $56,768 (Bond No.7212975) issued by Developers Surety and Indemnity
Company, conditioned upon payment for labor performed or material furnished under the terms of said
Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Agreement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Improvement Agreement in duplicate, attached hereto as Exhibit "A." by the following vote:
PASSED, APPROVED AND ADOPTED this 15th day of May, 2007.
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Mayor Lockhart
NOES: None
ABSENT: Councilmember Scholz
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ABSTAIN: None
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ATTEST: r7 ) Mayor
CC-MTGS/5-15-07/Reso 67-07 Tract 7540 Silvera Pfeiffer