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HomeMy WebLinkAboutReso 122-11 Sorrento East Tr 7652 Tract ImprovmtRESOLUTfON NO. 122 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***~****~ APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7652, SORRENTO EAST-NEIGHBORHOOD 6 WHEREAS, the Final Map for Tract 7652, 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 Developer, Standard Pacific Corp., a Delaware Corporation, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 7652 to improve 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 the Safeco Insurance Company of America in the amount of $600,000 for the public Tract 7652 improvements (Bond No. 6753810), in the amount of $517,000 for the private Tract 7652 improvements (Bond No. 6753809), in the amount of $1,306,000 for the public Tract 7982 improvements with Tract 7652 (Bond No. 6753808), in the amount of $31,000 for the Tract 7982 Streambed Pathway on Gleason Drive from Lockhart Street to Fallon Road (Bond No. 6753805), in the amount of $31,000 for the Tract 7982 Streambed Pathway on Lockhart Street from Gleason Drive to Palermo Way (Bond No. 6753806), in the amount of $69,000 for the Tract 7982 Streambed Pathway on Lockhart Street from Palermo Way to Central Parkway (Bond No. 6753807), in the amount of $33,000 for the Tract 7982 Landscaping on Lockhart Street eastern frontage from Palermo Way to Central Parkway (Bond No. 6444643), in the amount of $50,000 for the Tract 7982 Traffic Signal Modification at Lee Thompson Street and Central Parkway (Bond No. 6753804), and in the amount of $50,000 for the Tract 7982 Phase 2 park site rough grading and erosion control (Bond No. 6753803), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Safeco Insurance Company of America in the amount of $600,000 for the public Tract 7652 improvements (Bond No. 6753810), in the amount of $517,000 for the private Tract 7652 improvements (Bond No. 6753809), in the amount of $1,306,000 for the public Tract 7982 improvements with Tract 7652 (Bond No. 6753808), in the amount of $31,000 for the Tract 7982 Streambed Pathway on Gleason Drive from Lockhart Street to Fallon Road (Bond No. 6753805), in the amount of $31,000 for the Tract 7982 Streambed Pathway on Lockhart Street from Gleason Drive to Palermo Way (Bond No. 6753806), in the amount of $69,000 for the Tract 7982 Streambed Pathway on Lockhart Street from Palermo Way to Central Parkway (Bond No. 6753807), in the amount of $33,000 for the Tract 7982 Landscaping on Lockhart Street eastern frontage from Palermo Way to Central Parkway (Bond No. 6444643), in the amount of $50,000 for the Tract 7982 Traffic Signal Modification at Lee Thompson Street and Central Parkway (Bond No. 6753804), and in the amount of $50,000 for the Tract 7982 Phase 2 park site rough grading and erosion control (Bond No. 6753803), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and Page 1 of 2 WHEREAS, certain Covenant and Deed Restriction recorded in the Official Records of Alameda County on March 3, 2011, as Instrument No. 2011-79727 imposed certain obligations on the Owner with respect to securing the completion of improvements specified for Parcel 1 of Tract 7982; and WHEREAS, with respect to Parcel 1 sufficient security has been provided to ensure that the obligations with respect to said Parcel 1 will be satisfied. NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby approved. BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby authorized to execute the Release of Covenant and Deed Restriction with Respect to Parcel 1 of Tract 7982, attached hereto as Exhibit B. BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby authorized to execute said Tract Improvement Agreement, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the Final Map of Tract 7652 be and the same is hereby approved, and that rights to the areas marked as Vittoria Loop, Public Service Easement (PSE) and Emergency Access Easement (EVAE) offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted, subject to improvement, that the 30-foot wide Storm Drain Easement shown on the northerly line and within Parcel 7 of Tract 7281 recorded in Book 277 of Maps, Pages 82-88, Alameda County Records is hereby abandoned and vacated; and that the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 19th day of July, 2011 by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~.~•--- Mayor ATTE : ~t ~~~ City Clerk Reso No. 122-11, Adopted 7-19-11, Item 4.10 Page 2 of 2 ~~a~ CITY OF DUBLIN TRACT IMPROVEMEN7 AGREEMENT TRACT 7652 This agreement is made and entered into this day of , 2011, by and between the CITY of Dublin, a municipal corporation, hereinafte~ referred to as "CITY", and Standard Pacific Corp., a Delaware Corporation hereinafter referred to as "DEVELOP~R". RECITALS WHEREAS, it has been determined by the CITY'Council of the CITY of Dublin, State of Califo~nia, that DEVELOPER, the subdivider of~Tract~No. 7652, desires to improve those ~~ .~ improvements (hereafter "The Improvements") required by City of Dublin Planning Commission Resolution No. 10-09 adopted on March 9, 2010 for Tract 7652 and the Palermo Way, Lee Thompson St~eef~fineluding-~entrance improvements and traffic signal modifications at Central parkway); the °~~ ° streambed corridor pathway along the Gleasorl Drive between Lockhart Street and ~allon Road and along the eastern_fr.ontage of Lockhart Street,..the Gleason Drive frontage landscaping along Tract 7652, the Lockhart Street eastern frontage landscaping between Palermo Way and Central Parkway and the Phase 2 rough grading of the park site required for Tract 7982 in accordance with the requirements and conditions set forth 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; • Improvemenf Plans, Tract 7652, Sorrento East- Neighborhood 6 prepared by MacKay & Somps and signed by the City Engineer on April 25, 2011; • Landscape Plans, Tracf 7652, Sorre.nto East - Neighborhood 6 prepared by R3 Studios dated June 9, 2011 with any modifications required for City approval; . •~ Joint Trench Composite & Street Lighting Plans for Tract 7652, Sorrenfo East - Neighborhood 6 prepared by RGA Design, LLC dated May 18, 2011 with any modifications required for City approval; • lmprovement Plans, Tract 7982, Sorrento East prepared by MacKay & Somps and signed by the City Engineer on March 15, 2011; • Landscape Plans, Tract 7982, Sorrento East - Backbone Improvemenfs prepared by R3 Studios dated May 12, 2011 with any modifications required for City approval; . Joinf Trench Composite & Sfreet Lighting Plans for Sorrento East - Tract 7892 prepared by RGA Design, LLC dated May 18, 2011 with any modifications required for City approval; and • Traffic Signa! Modifications Plan, Central Parkway at Keegan St/Lee Thompson St, Tract 7982, Sorrento East prepared by TJKM Transportation Consultants and signed by the City Engineer on April 22, 2011 , • Bulk Grading, Tract 7982, Sorrento East Sheets 11 & 12 prepared by MacKay & Somps and signed by the City Engineer on March 15, 2011; 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; ~ WHEREAS, DEVELOPER intends to.satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELORER's offer(s). of dedication of.The tmprovements in consideration for DEVELOPER's satisfactory perFormance of the terms arid conditions of this Agreement; and . - ~ - - - -_.___ __`_.__ ;EXHIBIT ~q To the Resolution ~ ~~ ~ WHEREAS, CITY has determined that the portion of.The Impr~vements that will be accepted by the City as Public improvements are a 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 shall complete said work not later than 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 Record Drawings of The Improvements, including . any modifications made during construction. ~ . 2. Estimated Cost of Improvements. The~ estimated cost of constructing The Improvements required by this agreement are presented in the Bond Estimates for Tract 7652, dated May 10, 2011 prepared by MacKay & Somps and are agreed to be as follows: . . • Tract 7652 Public Improvements $600,000 • Tract 7652 Private Improvements $517,000 • Tract 7982 Improvements to be constructed with Tract 7652 $1,306,000 • Tract 7982 Streambed Pathway on Gleason Dr-Lockhart to Fallon $31,000 • Tract 7982 Streambed Pathway on Lockhart-Gleason to Palermo $31,000 • Tract 7982 Streambed Pathway on Lockhart-Palermo to Central • $69,000 • Tract 7982 Traffic Signal Modification $50,000 • Tract 7982 Phase 2 Rough Grading Park site $50,000 • Tract 7982 Landscape Lockhart St eastern frontage-Palermo to Central $33,000 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. . ~ 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: • 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 per cent_(100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively, the "Faithful Performance Bond"). ~ ~ 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 per cen# (100%) of the estimate 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 therefore (collectively, the "Labor and Materials Bond"). ~~~~ 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. . 3. Insurance Repuired. Prior to commencing construction of the improvements, DEVELOPER sha~l 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 (if different than Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragcaph. 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 theceof 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: 1) 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.) • 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1"any auto'` and endorsement CA 0025. 3) Workers' .Compensation insurance as required by the Labor Code of the State of California anci Employers Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liabilitv: $1,000,OOO.combined single limit per occurrerrce 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 appfy separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit peraccident for bodily injury and property damage. ' 3) 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. DEVELOPER hereby declares that the insurance required under Paragraph 3(B)(1) contains (i) a$1,000,000 per occurrence self- insured retention for Bodily Injury and Property Damage Liability, (ii) a$2,000,000 per occurrence.self-insured retention for third party action over actions and (iii) a$7,500,000 per occurrence self-insured retention for Home Builder's Limited Warranty Coverage, Construction 3 8 a~ :~ Damage Liability Coverage and Fungi and Related Medical Payments ("GL SIR's"). The CITY hereby approves the GL SIR's. ~ D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liabilitv 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 shail 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. 2) 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 perforrried by the DEVELOPER for the CITY. ~ 3) 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. Notwithstanding the foregoing, if an endorsement that would provide for thirty (30) days' prior written notice prior to one or more of the above actions is not commercia-ly available, DEVELOPER shall be excused from providing an endorsement covering said action or actions. a) AcceptabilitY of Insurers. Insurance is to be placed with insurers with. a Bests' rating of no less than A:VI-. 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 ! 02 ~. ~ each insurance policy are to be signed by a person authorized by that insurer to certify 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 provided; however, that if the policies are not yet available, the City will accept copies of the applicable binders. ~ c) Suticontractors. 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. 4. 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 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. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, 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, 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. . . . ~ 5. 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. ~° a~ ~ 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: 6. Aqreement Assiqnment. This Agreement shall not be assigned by DEVELOPER~ without the written consent of CITY. 7. 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 wil{ 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 shoufd 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, and DEVELOPER shall have fifteen (15) days after receipt of such written notice to cure such default; provided that, if such cure cannot be reasonably effected within such fifteen (15) day period, si.ich failure shall not be a default hereunder so long as DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter diligently prosecutes such cure to completion. ~ 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 shafl 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 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 100 Civic Plaza . Dublin, CA 94568 ~ Notices required to be given to DEVELOPER shall be addressed as follows~ Standard Pacific Homes - I ay~ Attn: Stephen D. Melander, Authorized Representative 3825 Hopyard Road, Suite 275 ~ Pleasanton, CA 94588 Notices required to be given surety of DEVELOPER shall be addressed as follows: Safeco Insurance Company of America Any party or the surety may change such address by notice in writing to the other party and thereafter notices shalt be addressed and transmitted to the new address. 8. 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 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 of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 9. Safetv Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, 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 item~s of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. 10. Acceptance of Work. Upon notice of the completion of The Improvements 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 Improvements 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 that are within the Public right-of-way or Public easements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private Improvements and a warranty bond will not be~needed for these Improvements; provided however, the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or his designated agents of their completion and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. 11. 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, Ia a~ 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. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications v+ihich 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. 13. 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 wili be pertormed 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, (iabilities, 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: . 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the afocesaid 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. - 2) 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. 3) Desiqn 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 substanfially 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. 4) 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 shal! also be entitled to 8 13 a~, ~ recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 14. Recitals. The foregoing Recitals are true and correct and are made a part hereof. IN WITNESS WHEREOF, th~ 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 lerk DEVELOP ~ , Standard :; a C ( By: Stephen D. Melander Authorized Representative G:IDEVELOPMENT, PRIVATEIDublin RanchlSorrento-EasflTrad 7652-Neighborhood 61Tract 7652 improvement agmt .doc 9 I~ ay Recording requested by and wtien recorded mail to: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: City Clerk EXEMPT FROM REC~RDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder's use. RELEASE OF COVENANT AND DEED RESTRICTION FOR PARCEL 11 OF TRACT 7983 WHEREAS, SR Structured Lot Options I, a Delaware limited liability company ("the Owner"), caused to be recorded in the Official Records of Alameda County that certain Covenant and Deed Restriction ("the CovenanY'), recorded on March 3, 2011, as Instrument No. 2011-79727 and affecting the real property delineated as Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Tract Map 7982 recorded in the Official Records of Alameda County on March 3, 2011, as Instrument No. 2011-79726 ("the Tract Map") in order to secure completion of certain improvements required as conditions of the City of Dublin's approval of the Tract Map; and WHEREAS, said Covenant imposed certain obligations on the Owner with respect to securing the completion of improvements specified for each of the ten individual parcels created by the Tract Map; and _~ WHEREAS, Said Covenant provides that the City shall release the Covenant in whole or in part as to one or more of the individual parcels upon the effectiveness of a Tract Improvement Agreement and accompanying security relating to the parcels or to any individual parcel; and WHEREAS, with respect to said Parcel 11, the owner has entered into a Tract Improvement Agreement and has provided sufficient security to ensure that it will satisfy its obligations with respect to said Parcel 11; and . WHEREAS, Owner has requested, and City wishes to release the Covenant with resepect to Parcel 11. . ~ NOW THEREFORE, the City hereby releases the Covenant with respect to said Parcel 11, except as otherwise provided herein, or in any otlier Release of Covenant and Deed Description submitted by the City and recorded in the Official Records of Alameda County, all other provisions of the Covenant shall remain in full force and effect. ~ ~ EXHIBIT .8 To the Resolution ~~5 a c~ . , Dated: _~~n, City of Dublin, a municipal corporation By: Joni Pattillo Its: City Manager ATTEST: By: Its: City Clerk SIGNATURES MUST BE NOTARIZED. G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-EastlTract 7983-Neighborhood 11\Release of Covenant and Deed ~ Restriction.doc ~~ a y. ~ Notarv Acknowledqer~tent [Insert Here] 1655783:1