HomeMy WebLinkAboutItem 4.06 Lin Family Imp AgmtFile # 600-60
CITY CLERK
AGENDA STATEMENT
CTTY COUNCIL MEETTNG DATE: October 7' 2003
SUBJECT:
Approval of Improvement Agreement with the Lin Family for
Construction of Storm Drain Line "B" Between Dublin Boulevard
and Northside Driye
Report Prepared by: Lee S. Thompson, pUblic Works Director
ATTACHMENTS:
1)
2)
3)
Resolution approving Agreement with the Lin Family
Improvement Agreement with the Lin Family for Storm
Drain Line "B", Dublin Ranch, ,Area H
Location Map
RECOMMENDATION: /~p~ Adopt resolution approving the Agreement with the Lin Family for
/ \v construction of StOrm Drain Line "B" between Dublin Boulevard
and Northside Drive
FINANCIAL STATEMENT: The developer is proViding bonds to guarantee construction of the
improvements and will pay the cost of construction inspection.
Once improvements have been constructed and accepted, the City
will incur maintenance costs.
DESCRIPTION: As part of the recent grading permit for Dublin Ranch, Sierra Land
Development Corp. (The Lin Family) is currently moving dirt from the area north of Gleason DriVe to the
western portiOn of Area H. The placement of this fill will enable the construction of the 96" storm drain
line (Line "B") across Area H between Dublin Boulevard and 1-580. An Encroachment Permit recently
obtained from Caltrans to modify the 1-580 inlet structure will enable drainage from the new storm drain
line to drain by gravity directly to the existing culvert under 1-580; thus, the western temPorary drainage
basin at Dublin Boulevard can be removed. These improvements are included in the Dublin Ranch West
Side Storm Drain Benefit District.
The Improvement Agreement with the Lin Family is for constructing Storm Drain Line "B". The
Agreement describes the improvements to be constructed, provides fight-of-entry on the Northside Drive
right-of-way, requires bonding and insurance prior to the start of construction, and requires easement
dedication prior to the City accepting the improvements.
The right-of-way documents and improvement plans have been reviewed and approved by City Staff.
Staff therefore recommends that the City Council adopt the resolution approving the Agreement with the
Lin Family for construction of Storm Drain Line "B" between Dublin Boulevard and Northside Drive.
COPIES TO: Marty Inderbitzen, Lin's Attorney
ITEM NO.
g:\develop\dublin ranch\infrastructure~area h grading & sd\agst imp agmt storm dm line b.doc
RESOLUTION NO., - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE IMPROVEMENT AGREEMENT
WITH THE LIN FAMILY FOR
STORM DRAIN LINE "B" IN DUBLIN RANCH, AREA H
WHEREAS, the Lin Family, the developers of Dublin Ranch, intend to construct storm drain
improvementS to serve Dublin Ranch; and
WHEREAS, the City of Dublin, by Ordinance No. 12-02, created the Dublin Ranch West Side
Storm Drain Benefit District in order to collect funds from those property owners benefiting from the
construction of storm drain improvements, such as the said storm drain improvements; and
WHEREAS, the Lin Family has executed and filed with the City of Dublin an Improvement
Agreement to install said storm drain improvements in accordance with the approved improvement plans
and right-of-way dediCation documents;
NOW, THEREFORE, BE IT RESOLVED that said Improvement Agreement is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute
the Improvement Agreement.
PASSED, APPROVED AND ADOPTED this 7th day of October, 2003.
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g:\develop\dublin ranch\infrastructure~area h grading & sd~resolution lin agree.doc
IMPROVEMENT AGREEMENT
STORM DRAIN LINE "B" IMPROVEMENTS
Dublin Ranch, Area H
This agreement is made and entered into this 7th day of October, 2003, by and between the CITY
of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su-O-Lin (also known
as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known
as Kevin Lin), and Sierra Land Development Corporation, a California Corporation ("Sierra Land") (the
Lins and Sierra Land are hereinafter referred to collectively as "OWNER").
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that OWNER desires to construct and dedicate the following improvements (hereafter
collectively "The Improvements"):
A 96"-storm drain line from Dublin BOulevard to the proposed G3 Box Culvert improvements
at the existing culvert under the 1-580 freeway, including related structures and connections.
The Improvements shall be constructed in accordance with the plans, Dublin Ranch Area H-
Grading and Storm Drain Improvements, Phase 1, prepared by MacKay & Somps, approved by
the City Engineer on August 12, 2003 and consisting of 7 sheets. These plans are hereby referred
to for a more definite description of the work to be performed under this Agreement as set forth at
length herein;
WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication of right-of-way and
The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions of
this Agreement;
WHEREAS, an Encroachment Permit is required from the State of California (Caltrans), for
modifying the Caltrans drainage structure to allow drainage from the new 96" Storm Drain Line B to drain
into the existing Caltrans box culvert under 1-580;
WHEREAS, CITY, by Ordinance~ the Dublin Ranch West Side Storm Drain
Benefit District in order to collect fundsffom ~ao~ deve!o_p.~aents benefiting from the construction of
storm drain improvements, such as the/Imprints, withirf)a portion of Dublin Ranch, and
WHEREAS, CITY will provideR ~ith a rig~ to enter those lands required for
construction o f The Improvements, which a~"~t\~ t ~wned/bfiOWNER;
NOW, THEREFORE, in consideration o~tual 'promises, conditions and covenants herein
contained, the parties agree as follows:
Section 1. Completion Time.
660283.1
IMPROVEMENT AGREEMENT
Storm Drain Line "B", Dublin Ranch Area H
OWNER will commence construction of The In~provements within ninety (90) days following the
date on which CITY executes this Agreement. OWNE]~ shall complete such Improvements no later than
18 months following execution of this agreement. Tim~ is of the essence in this Agreement. Upon
completion, oWNER shall furnish CITY with a complete and reproducible set of final as-built plans of
The Improvements, including any authorized modificatiqns.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to
be $485,700. Said amounts include costs and reasonable e~penses and fees which may be incurred in
enforcing the obligation secured.
Section 3. Bonds Furnished.
Prior to commencing construction of the improvements, OWNER (or either the Lins or Sierra
Land) shall furnish CITY with the following security in a rm satisfactory to the CITY Attorney:
go
Faithful Performance. Either a cash deposi
duly and legally licensed to conduct a gene~
an instrument of credit equivalent to one hu
in Paragraph 2 and sufficient to assure CIT'
completed.
a' corporate surety bond issued by a company
al surety business'in the State of Califomia, or
ndred percent (100%) of the estimates set forth
that The Improvements will be satisfactorily
Labor and Materials. Either a cash deposit,~, corporate surety bond issued by a company
du---~y arid legally licensed to conduct a generat~surety business in'the State of California,
or an instrument of credit equivalent to one hu~a~d percent (100%) of the estimates set
forth in Paragraph 2and sufficient to assure CITY that OWNER'S contractors,
subcontractors, and other persons furnishing labor, materials, or equipment shall be paid
therefor.
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.
Prior to commencing construction of the improvements, OWNER 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 his designee, as to form, amount
and cartier. Prior to the commencement of work under this Agreement, OWNER'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. OWNER shall not allow any contractor or
subcontractor to commence work on this contract or subcontract until all insurance required for OWNER
and OWNER's general contractor shall have been so obtained and approved. Said insurance shall be
maintained in full force and effect until the completion of work under this Agreement and the final
acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the
660283.1
IMPROVEMENT AGREEMENT
Storm Drain Line "B", Dublin Ranch Area H
Page 2 of 11
Sept. 8, 2003
insurance policies or as endorsements and shall specifically bind the insurance carrier.
a. Minimum Scope of Insurance. Coverage shall be at. least as broad as:
(i)
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance serVices Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CG 0001.)
(ii)
Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(iii)
Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i)
General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit.
(ii) Automobile Liabili _ty: $1;000,000 combined single limit per accident for
bodily injury and property damage.
(iii)
Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
Co
Deductibles and Self4nsurance 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
OWNER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The policies are to contain, or be endorsed to contain,
the following provisions:
(i) General Liability and Automobile Liability Coverages.
(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 OWNER; products
660283.1
IMPROVEMENT AGREEMENT
Storm Drain Line "B". Dublin Ranch Area H
Page 3 of 11
Sept. 8.2003
and completed operations of the OWNER; premises owned,
occupied or used by the oWNER; or automobiles owned, leased,
h/red or borrowed by the OWNER. The coverage shall contain no
special limitations on the scope of the protection afforded to the
CITY, its officers, officials, employees or volunteers.
(b)
The OWNER's 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
OWNER'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 OWNER'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 Coverage. The insurer
shall agree to waive all rights of subrogation against the CITY, its officers,
officials, employees and volunteers for losses ar/sing from work performed
by the OWNER for the CITY.
(iii) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced
in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the CITY.
(a)
Acceptability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII.
(b)
Verification of Coverage. OWNER 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. OWNER and/or OWNER's general contractor shall
include all subcontractors as insureds under its policies or shall
obtain separate certificates and endorsements for each subcontractor.
660283.1
IMPROVEMENT AGREEMENT
Storm Drain Line "B", Dublin Ranch Area H
Page 4 of I1
Sept. 8,2003
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, OWNER guarantees all work executed
by OWNER and/or OWNER's agents, and all supplies, materials and devices of whatsoever nature
incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to
the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year aRer
acceptance of the entire work by CITY. OWNER shall repair or replace any or all such work or material,
together with all or any other work or materials which may be displaced or 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. OWNER 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 OWNER shall fail to comply with the conditions of the foregoing guarantee within
thirty (30) days time' or such longer time period as agreed to in writing by the City Engineer, after being
notified 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 OWNER 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 OWNER shall pay to CITY on demand all costs and expense of such repair. The
foregoing statement relating to hazardsto 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, OWNER 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.
OWNER shall guarantee free access to CITY through its City Engineer and his designated
representative for the safe and convenient inspection of the work throughout its construction. Said CITY
representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and .specifications, 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. Agreement Assignment.
OWNER shall not assign this Agreement without the written consent of CITY, which consent
shall not be unreasonably withheld.
660283.1
IMPROVEMENT AGREEMENT
Storm Drain Line "B", Dublin Ranch Area H
Page 5 of 11
Sept. 8.2003
Section 8. Abandonment of Work.
Neither OWNER nor any of OWNER's agents or contractors are or shall be considered to be
agents of CITY in connection with the performance of OWNER's obligations under this Agreement.
If OWNER 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 OWNER should be adjudged as bankrupt, or
should make a general assigranent for the benefit of OWNER's creditors, or if a receiver should be
appointed, or if OWNER, or any of OWNER'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 OWNER and OWNER's surety or holder of Other security of breach of this Agreement, or of any
portion, thereof, and default of OWNER.
In the event of any such notice of breach of this Agreement, OWNER's surety shall have the duty
to takeover 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 OWNER and OWNER'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 utihze in completing the work, such materials,
appliances, plant and other property belonging to OWNER as may be on the site of the work and
necessary therefor.
Section 9. Notices
All notices herein required shall be in writing, and delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Melissa Morton
City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to OWNER shall be addressed as follows:
Martin Inderbitzen
Attorney at Law
7077 Koll Center Plaza, #120
Pleasanton, California 94566
and
660283.1
IMPROVEMENT AGREEMENT
Storm Drain Line "B", Dublin Ranch Area H
Page 6 of 11
Sept. 8, 2003
The Lin Family
c/o James Tong
4690 Chabot Drive, Suite 100Pleasanton, CA 94588
Notices required to be given surety of OWNER shall be addressed as follows:
Martin Inderbitzen
Attorney at Law
7077 Koll Center Plaza, #120
Pleasanton, California 94566
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.
Section 10.
Safety Devices.
OWNER 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. OWNER 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 OWNER, and
the entire site left clean and orderly.
Section 11. Acceptance of Work and Easement.
Upon notice of the completion of The Improvements and the delivery of a set of final as-built
mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his 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 OWNER or his designated agents of such acceptance.
Concurrently with the notice of completion, OWNER shall dedicate to CITY any right of way
and maintenance easements deemed necessary by the City Engineer for the maintenance of The
Improvements, and, at acceptance of the Work, CITY shall also accept the right-of-way and
maintenance easement dedication. The easement dedications shall be in substantially the form
attached hereto as Exhibit A.
Section 12. Patent and Cop_wight 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, OWNER shall be liable for, and shall
indenmify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs,
660283.1
IMPROVEMENT AGREEMENT
Storm Drain Line "B", Dublin Ranch Area H
Page 7 of 11
Sept. 8, 2003
which may result from the use of said patented or copyrighted material, process or publication.
Section 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 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 14. Liability.
ao
OWNER Primarily Liable. OWNER hereby warrants that the design and
construction of The Improvements will be performed in a proper manner. OWNER
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 OWNER, its employees, agents, or independent contractors in
connection with OWNER'S actions and obligations hereunder; prOvided as follows:
(i)
That CITY does not, and shall not, waive any rights against OWNER which
it may have by reason of the aforesaid hold harmless agreement, because of
the acceptance by CITY, or the deposit with CITY by OWNER, of any of
the insurance policies described in Paragraph 3 hereof.
(ii)
That the aforesaid hold harmless agreement by OWNER 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.
Design 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 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.
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 the prevailing party, CITY shall also
660283.1
IMPROVEMENT AGREEMENT
Storm Drain Line "B", Dublin Ranch Area H
Page 8 of l 1
Sept. 8, 2003
be entitled to recover its attorney's fees and costs in any action against OWNER's
surety on the bondS provided under Section 3.
Section 15. Right of Entry.
CITY grants to OWNER a right of entry to enter upon the property within Dublin Boulevard and
Northside Drive with such personnel, equipment, machinery, vehicles and materials as may be necessary
for the sole purpose of construction of The Improvements pursuant to this Agreement. This right of entry
shall be effective upon the date of this agreement and shall terminate on upon acceptance of The
Improvements by the City. There shall be no payment for the right of entry. OWNER's obligation to
indemnify, defend and hold CITY harmless, as described in Section 15, shall be applicable to any acts or
omissions of OWNER, its contractors, subcontractors and agents, in' connection with this right of entry.
Section 16. Indemnification and Waiver.
OWNER shall defend CITY, its officers, employees and officials, against any claims or actions
(including declaratory or injunctive relief) concerning OWNER's construction of The Improvements on
OWNER's property and shall indemnify and hold CITY harmless from any damages, charges, fees or
penalties that may be awarded or imposed against CITY and/or OWNER in connection with, or on
account of, OWNER's construction of The Improvements and/or CITY's failure to enforce or comply
with any applicable laws.
Section 17. Benefit District.
The Improvements are among the storm drain improvements that are subject to the Dublin Ranch
West Side Storm Drain Benefit District created by Ordinance No. 12-02. Accordingly, by completing the"
Improvements pursuant to this Agreement, OWNER will become a "Financing Party," as defined in
Ordinance No. 12-02, and be eligible for reimbursement by "Benefited Property" as set forth in Ordinance
No. 12-02.
Section 18. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
660283. l
IMPROVEMENT AGREEMENT
Storm Drain Line "B", Dublin Ranch Area H
Page 9 of 11
Sept. 8, 2003
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:
Janet Lockhart, Mayor
Date:
ATTEST:
By:
Kay Keck, City Clerk
Date:
Approved as to Form:
Elizabeth H. Silver, City Attorney
OWNER:
C-han~Su-O'Lin' ~7'~ ~ ~
(also imown as Jennifer Lin) ~e~//~~ ,~~
Lien Lin ,~¥~...~ ~---~' ~
(also known as Fr~d'~i~h or Frederic Lin)
(also known as Kevin Lin)
Approved as to Form:
Martin W. Inderbit~
Attorney for Lin Famikyx
SIE/t~ LAND DEVELOPMENT
'~---'~]~F~- Date:
660283.1
IMPROVEMENT AGREEMENT
Storm Drain Line "B", Dublin Ranch Area H
Page I 0 of 11
Sept. 8, 2003
EXTl~rr "A-
DESCRIFrlON.
PAGE 1 OF 2
PROPOSED STORM DRAIN. EASEMENT OVER
LANDS OF LIN, ET AL TO BE CONVEYED TO THE CITY OF DUBLIN
DUBLIN, CALIFORNIA
A NON-EXCLUSIVE EASEMENT FOR THE CONSTRUCTION, INSTALLATION, OPERATIONS, MAINTENANCE AND
REPAIR OF STORM DRAIN FACILITIES ON, OVER, UNDER AND ACROSS THE BELOW DESCRIBED REAL
PROPERTY. ~BEING A PORTION OF "PARCEL 9" AS SAID PARCEL IS SHOWN UPON THAT CERTAIN MAP
ENTITLED "TRACT 7148", FILED ON THE 14TM DAY OF FEBRUARY, 2001, IN BOOK 257 OF MAPS, AT PAGES 3
TI-iROUGH 7 INCLUSIVE, ALAMEDA COUNTY RECORDS, LYING IN THE CITY OP DUBLIN, COUNTY OF
~..AMEDA, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
STORM DRAIN LINE "B"
BEING A STRIP OF LAND OF A LrNIFORM WIDTH OF 15.00 FEET, LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
CO~CING AT A POINT ON THE NORTH LINE OF SAID PARCEL 9, SA~ID LINE COINCIDENT WITH THE
SOUTHERLY RIGHT OF WAY LINE OF DUBLIN BOULEVARD, SAID POINT OF COMMENCEMENT AT THE
EASTERLY TERMINUS OF A CURVE TO THE RIGHT IDENTIFIED WITH A RADIUS OF 2234.00 FEET, A CENTRAL
ANGLE OF 17°37'02'', AND AN ARC LENGTH OF 686.91 FEET, AS SHOWN ON SAID MAP OF TRACT-7148, THENCE
CONTINUING ALONG SAID RIGHT 'OF WAY LINE, ALONG A TANGENT REVERSE CURVE TO THE LEFT WITH A
RADIUS OF 507&00 FEET, A CENTRAL ANGLE OF 0I°27, 12", FOR AN ARC LENGTH OF 128.76 FEET TO THE .POINT
OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE OF STORM DRAIN LINE "B", THENCE FROM SAID
POINT OF BEGINNING ENTERING SAID PARCEL 9, THE FOLLOWING COURSES:
SOUTH 17a23'23TM WEST 380.55 FEET,
SOUTH 6°1g'08" EAST 400.00 FEET, ' ~
SOUTH 13o29'07" EAST 410.$2 FEET,
TO THE POINT. OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE, ON THE NORTH LINE OF SALE)
NORTHSIDE DRIVE AS SHOWN ON SAID "TRACT 7148" THE SIDELINES OF SAID STORM DRAIN LINE "B" ARE TO
BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON SAID SOUTHERLY 'RIGHT OF WAY LINE OF
DUBLIN BOULEVARD, ON THE NORTH AND' ON THE NORTH LINE OF SAID NORTHSIDE DRIVE ON T .I-lIE SOUTH.
A PORTION OF APN 985o09-15
LICENSED LANE
9/30/04//
STATE OF
,¢Q,, 1'05
~,URVEYOR NO. 5412
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OML ~N~IN~RIN~* ~N~ P~NNIN~ · ~N~ SU~N~
5~ 42 Fr~n~in D~ Suite B, Pl~ton. C~ ~45~8-~355
[~25) 225-0b~0
1603430
July l, ~.003
D.I.
EXHIBIT 'A'
PAGE 2 OF 2
TRACT 7148
257 M H
PARCEL 3
POINT OF COMM£
STORM DRAIN LINE "B"
PARCEL 5
BRANNIGAN STREET
SDE PARCEL 'A' SERIES NO.
/
PARCEL 9
I TRACT 7148
/ 257 M 5
APN 985-09-15
· -- POD STORM DRAIN LINE "B"
/
~NI~ 2_2 '._44_" E_ R(_~)
C/L ts' SOE
N88°47'06"W1.j.u~'~= ~-"
N01°08'49"E 1256.36'
P~T
LEGEND:
SDE
POB
POT
C/L
iCl'fY OF DUBLIN
STORM DRAIN EASEMENT
POINT OF BEGINNING
POINT OF TERMINUS
CENTERLINE
ANGLE POINT
TO ACCOMPANY DESCRIPTION 1
15' WIDE STORM DRAIN EASEMENT J
UNE B J
TO THE CiTY OF DUBUN ,
OVER LANDS OF UNS ~ RN~[
STATE OF CAL FO A f
o' 200' .400' 8oo,
[ ' ~
SCALE 1" = 400'
mAeKA¥&$omP$
CML ENGINEERINGeLAND PLANNING.LAND SURVEYING
Pleosanton, CA (925) - 225-0690
DRAWN ] DATE . J SCALE [ JOB NO.~
LH 7-1-03 j 1" =400' 160,,34-30
NORTH
!
!
I
STORM DRAIN LINE B
LOCATION MAP