HomeMy WebLinkAbout4.07 Lennar Homes Tr 7282
CITY CLERK
File # D[f2]~~-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 6, 2007
SUBJECT:
Approval of Tract Improvement Agreement with Lennar Homes of
California, Inc., for Tract 7282, and Acceptance of Improvements
and Approval of Regulatory Traffic Control Devices for Brannigan
Street
Report Prepared by: Melissa Morton, Public Works Dire~
ATTACHMENTS:
1)
Resolution Approving the Tract Improvement Agreement
with Lennar.Homes of California, Inc., for Tract 7282, and
Accepting Improvements and Approving Regulatory Traffic
Control Devices for Brannigan Street
Location Map
2)
RECOMMENDATION: ~ Adopt the resolution Approving the Tract Improvement Agreement
\. with Lennar Homes of California, Inc., for Tract 7282, and
~ Accepting Improvements and Approving Regulatory Traffic Control
D Devices for Brannigan Street.
FINANCIAL STATEMENT:
Lennar Homes of California, Inc., has provided a warranty bond in
the amount of $117,000 to guarantee against any defects in the
Brannigan Street improvements for one-year. The City will incur
maintenance costs for these improvements.
DESCRIPTION: Standard Pacific Corp., the subdivider of Tract 7282, entered into a
Tract Improvement Agreement with the City on January 3, 2006, to complete public improvements as
required by City of Dublin Planning Commission Resolution No. 04-16 adopted on February 24, 2004.
Standard Pacific Corp has partially completed the improvements. Standard Pacific Corp. has sold the
Tract 7282 property to Lennar Homes of California, Inc., and desires to transfer to the buyer its
obligations under the original Tract Improvement Agreement.
COPY TO: Dave Geist, Lennar Homes
Page 1 of2
ITEM NO. !f. 7
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Standard Pacific Corp. provided a Performance Bond and a Labor and Materials Bond issued by Arch
Insurance Company in the amount of $2,553,000 for the tract improvements (Bond No. SU5018051).
With the approval of the Tract Improvement Agreement with Lennar Homes of California, Inc., the bonds
provided by Standard Pacific Corp. for Tract 7282 can be released.
The Tract 7282 improvements included roadway improvements for Brannigan Street, which are now
complete. In order to improve access to Fallon School, the City proposes to accept the Brannigan Street
improvements prior to acceptance of the full Tract 7282 improvements. Lennar Homes of California, Inc.,
has provided a Warranty Bond issued by Arch Insurance Company in the amount of $117,000 to
guarantee the Brannigan Street improvements against any defects for one year.
The remaining civil improvements for Tract 7282 are more than 80%. complete, and in accordance with
authority contained in 966499.7 of the Government Code, the original bond amounts to complete the civil
improvements may be reduced. The current estimate to complete the remaining civil improvements is
$321,000. Lennar Homes of California, Inc., has provided a Performance Bond and a Labor and Materials
Bond issued by Arch Insurance Company in the amount of $321,000 (Bond No. SU5024135) for the
remaining Tract 7282 civil improvements. Lennar Homes of California, Inc., will provide a Warranty
Bond in the amount of $321,000 at the time the City accepts the remaining Tract 7282 civil
improvements.
Lennar Homes of California, Inc., has also provided Performance Bonds and Labor and Materials Bonds
issued by Arch Insurance Company in the amount of $910,000 (Bond No. SU5024134) for landscape
improvements within the common areas of Tract 7282, and in the amount of $122,000 (Bond No.
SU5024136) for landscape improvements in the Gleason Drive median.
Staff recommends that the City Council adopt the resolution Approving the Tract Improvement
Agreement with Lennar Homes of California, Inc., for Tract 7282, and Accepting Improvements and
Approving Regulatory Traffic Control Devices for Brannigan Street.
Page 2 of2
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RESOLUTION NO. - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING TRACT IMPROVEMENT AGREEMENT
WITH LENNAR HOMES OF CALIFORNIA, INC., FOR TRACT 7282, AND
ACCEPTING IMPROVEMENTS AND APPROVING REGULATORY TRAFFIC CONTROL
DEVICES FOR BRANNIGAN STREET
WHEREAS, the CITY and Standard Pacific Corp., a Delaware Corporation, the subdivider
of Tract No. 7282, entered into a Tract Improvement Agreement on January 3,2006 ("the Original
Improvement Agreement"), to complete those public improvements (hereinafter "The Improvements")
required by City of Dublin Planning Commission Resolution No. 04-16 adopted on February 24,2004,
in accordance with the requirements and conditions set forth in said resolution; and
WHEREAS, Standard Pacific Corp. has partially completed The Improvements; and
WHEREAS, Lennar Homes of California, Inc., has acquired the Tract 7282 property from
Standard Pacific Corp., and Standard Pacific desires to transfer to Lennar Homes its obligations under the
Original Improvement Agreement; and
WHEREAS, Lennar Homes of California, Inc., a California Corporation, has executed and filed
with the City of Dublin a Tract Improvement Agreement for Tract 7282 to construct required subdivision
improvements in accordance with the Conditions of Approval for the Tentative Map, and with the
improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Arch Insurance
Company in the amount of $321,000 for the in-tract civil improvements (Bond No. SU5024135), in the
amount of $910,000 for the common landscaping iinprovements (Bond No. SU5024134), and in the
amount of $122,000 for the Gleason Drive median landscaping improvements (Bond No. SU5024136),
conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Arch Insurance
Company in the amount of $321,009 for the in-tract civil improvements (Bond No. SU5024135), in the
amount of $910,000 for the common landscaping improvements (Bond No. SU5024134), and in the
amount of $122,000 for the Gleason Drive median landscaping improvements (Bond No. SU5024136),
conditioned upon payment for labor performed or material furnished under the terms of said Agreement;
and
WHEREAS, the roadway improvements, excluding landscaping, associated with Brannigan Street
between Kohnen Way and Gleason Drive, including the traffic signal at the Gleason Drive/Brannigan
Street intersection, are complete in accordance with said plans, and any approved modifications thereto, to
the satisfaction of the City Engineer; and
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ATTACHMENT
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WHEREAS, certain regulatory traffic control devices have been installed as part of the Brannigan
Street improvements; and
WHEREAS, Lennar Homes of California, Inc., has provided a Warranty Bond to guarantee the
Brannigan Street improvements for a one-year period;
NOW, THEREFORE, BE IT RESOLVED that:
1. Said Agreement is hereby approved; and
2. The Performance Bond issued by Arch Insurance Company in the amount of $321,000 for
the civil in-tract improvements (Bond No. SU5024135) be accepted as security; and
3. The Labor and Materials Bond issued by Arch Insurance Company in the amount of
$321,000 for the civil in-tract improvements (Bond No. SU5024135) be accepted as
security; and
4. The Performance Bond issued by Arch Insurance Company in the amount of $910,000 for
the common landscaping improvements (Bond No. SU5024134) be accepted as security;
and
5. The Labor anq Materials Bond issued by Arch Insurance Company in the amount .of
$910,000 for the common landscaping improvements (Bond No. SU5024134) be accepted
as security; and
6. The Performance Bond issued by Arch Insurance Company in the amount of $122,000 for
the Gleason Drive median landscaping improvements (Bond No. SU5024136) be accepted
as security; and
7. The Labor and Materials Bond issued by Arch Insurance Company in the amount of
$122,000 for the Gleason Drive median landscaping improvements (Bond No.
SU5024136) be accepted as security; and
8. The original Performance Bond issued by Arch Insurance Company in the amount of
$2,553,000 for the tract improvements (Bond No. SU5018051) be released; and
9. The original Labor and Materials Bond issued by Arch Insurance Company in the amount
of$2,553,000 for the tract improvements (Bond No. SU5018051) be released; and
10. The Brannigan Street improvements completed with said project are hereby approved and
accepted subject to a one-year guarantee period; and
11. The submitted Warrant)' Bond issued by Arch Insurance Company in the amount of
$117,000 for the Brannigan Street improvements (Bond No SU5024137) be accepted as
secupty for the aforesaid one-year warranty period, said period to commence on this date
and terminate on the 6th day of November, 2008.
12. The regulatory traffic control devices installed .as part of the Brannigan Street
improvements are hereby included in the City of Dublin Traffic Code, said regulatory
devices to include the following:
a) Traffic signal control at the intersection of Brannigan Street/Central Parkway.
b) No parking on both sides of Brannigan Street between Central Parkway and Brodie
Way.
BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is hereby authorized to
execute said Tract Improvement Agreement, attached hereto as Exhibit "A".
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PASSED, APPROVED AND ADOPTED this 6th day of November, 2007, by the following
vote:
YES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
City Clerk
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CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 7282
This agreement is made and entered into this 6th day of November, 2007, by and
between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Lennar Homes of California, Inc., a California Corporation, hereinafter referred to as
"DEVELOPER".
RECITALS
WHEREAS, the CITY and Standard Pacific Corp., a Delaware Corporation, the
subdivider of Tract No. 7282, enter into a Tract Improvement Agreement on January 3,2006
("the Original Improvement Agreement") to complete those public improvements (hereafter
"The Improvements") required by City of Dublin Planning Commission Resolution No. 04-16
adopted on February 24, 2004 in accordance with the requirements and conditions set forth
in said resolution; and
WHEREAS, Standard Pacific Corp has partially completed The Improvements; and
WHEREAS, the DEVELOPER has acquired the property of Tract 7282 from Standard
Pacific Corp. and Standard Pacific desires to transfer to DEVELOPER its obligations under
the Original Improvement Agreement; and
WHEREAS, City is willing to enter into this Improvement Agreement with
DEVELOPER to supersede the Original Improvement Agreement; and
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State
of California, that DEVELOPER desires to complete The Improvements required by City of
Dublin Planning Commission Resolution No. 04-16 adopted on February 24,2004 in
accordance with the requirements and conditions setforth in said resolution, the
requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance
of the CITY, and those certain plans for said development entitled Improvement plans, Dublin
Ranch F-1, Tract 7282 prepared by MacKay & Somps and signed by the City Engineer on
December 29,2005; Traffic Signal Plans, Gleason Drive and Brannigan Street, Tract 7282,
prepared by T JKM Consultants signed by the City Engineer on November 21,2006;
Landscape Plans, Dublin Ranch, Area F1, "Sonata", Tract 7282, Common Area, prepared by
Ralph J. Alexander & Associates dated October 26, 2007; Gleason Drive Median Landscape
Plans prepared by GLS Architects / Landscape Architects dated October 18, 2007;
Landscape Plans, Tract 7282 Streambed Corridor, prepared by H.T. Harvey and Associates
signed by the City Engineer on September 2, 2005; Joint Trench Composite for Tract 7282
prepared by Giacalone Design Services, Inc. signed by the City Engineer on July 19, 2006
and revised on June 22,2006, and Street Lighting Plans for Tract 7282 prepared by
Giacalone Design Services, Inc. signed by the City Engineer on February 28, 2006 and now
on file in the office of the City Engineer, which 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; _d__ H --
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To the Resolution
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WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept the offers of dedication, as shown
on the Tract 7282 Map, of The Improvements inconsideration for DEVELOPER's satisfactory
performance of the terms and conditions of this Ag~eement; and
WHEREAS, CITY has determined that the portion of The Improvements within the
public right of way are public works subject to California prevailing wage requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this Agreement. DEVELOPER shall complete
said work not laterthan two years following said date of execution. Time is of the essence in
this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as-built plans of The Improvements, including any authorized
modifications.
2. Estimated Cost of Improvements.
The estimate costs of constructing The Improvements required by this agreement are
presented in the Bond Estimates, Tract 7282, dated October 23, 2007 prepared by MacKay &
Somps and is agreed to be $470,000 for the Brannigan Street improvements, $1,283,000 for
the in-tract civil improvements, $ 910,000 for the landscaping improvements in the common
areas, Kohnen Way median, the planter strip within the public right of way and the streambed
corridor, and $ 122,000 for the landscape improvements in the Gleason Drive median
between Grafton Street and Brannigan Street. Said amount includes costs and reasonable
expenses and fees which may be incurred in enforcing the obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the following security in a form satisfactory tothe 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 equi'{alent to one hundred per cent (100%) of the
estimate 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 legallylicerised to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one-hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
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contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefore.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform with the provisions of Chapter 5 of the
Subdivision Map Act.
4. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, all insurance required under this paragraph
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 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
comprehensiv,e General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Service's 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. DEVELOPER 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
limiUs 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.
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III. Workers'Compensation and Employers Liabilitv: 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 rete!1tions 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.
1. 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.
2. 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.
3. Any failure to comply with reporting provisions of the policies
shall notaffect coverage provided to the CITY, its officers,
officials, employees or volunteers.
4. 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 offipers, officials, employees and volunteers for losses arising from
work performed by the DEVELOPER for the CITY.
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iii. AIICoveraqes.
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.
1. Acceptabilitv of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than AVII.
2. 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.
3. 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.
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 t9 the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
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 workmanship and materials
actually appear during the one-year guarantee period, and have been corrected, the
guarantee period for the defected items shall automatically be extended for an additional year
\ from the date of the completion of the repair to insure that such defects have actually been
corrected.
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Notwithstanding anything herein to the contrary, in the event that any defect in workmanship
ormaterial 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, fifty percent (50%) 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.
6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representative for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by DEVELOPER and replaced to the
satisfaction of CITY without any expense to CITY in strict accordance with the improvement
plans and specifications'.
7. Aqreement Assiqnment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY.
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 withil) 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 lJability 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 therefore.
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
1 00 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Brian Olin
Lennar Homes of California
6121 Bollinger Canyon Road, # 500
San Ramon, CA 94583
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Arch Insurance Company
135 N. Los Robles Avenue, Suite 825
Pasadena, California 91101
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.
9. 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 occu pancy
permit by CITY for dwellings located within the tract 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 ofbu ilding or
occupancy permits when the work or its progress may substantially and/or detrimentally
affect public health and safElty.
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10. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lightsO, and other safety devices adjacent to and on the tract site 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.
11. Acceptance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as-built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated
representative, shall examine the tract work without delay, and, if found-to be in accordance
. with said plans and specifications and this Agreement, and upon submittal of a warranty bond
in the amount of 25% of the estimated cost of The Improvements, shall recommend
acceptance of the work to the City Council and, upon such acceptance, shall notify
DEVELOPER or his designated agents of such acceptance.
12. 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, processor publication.
13. 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 orbonds 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 28.19 of the Civil Code of the State of California.
14. Liability.
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any
portion of adjacent properties and that all work 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
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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 4 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.
iii. Desjqn Defect. If, in the opinion of the CITY, a design defect in
the work of improvement 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,
DEVELOPER shall, upon order by the CITY, correct said design
defect at his sole cost and expense, and the sureties under the
Faithful Performance and Labor and Materials Bonds shall be liable
to the CITY for the corrective work required.
iv. 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 paragraph 3.
15. Effect of this Agreement. .
This Agreement shall supersede the Original Improvement Agreement, and the City
will release, upon request, any security posted by Standard Pacific under the Original
Improvement Agreement.
16. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
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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
By:
Mayor
ATTEST:
City Clerk
DEVELOPER
Lennar Homes of California, Inc., a California corporation
By: :3ji- c:-~
Print Name
Brian G. Olin
Vice President
Title
G:\DEVELOPMENT, PRIVA TE\Dublin RanchlArea F-North\Tracl 7282\!racl improvement agm! Lennar1 0-4.doc
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14 ~ )Jf
Location Map
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: ATTACHMENT 2,.
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