HomeMy WebLinkAboutItem 4.03 FM Tr6961 L6 TDA/SheaCITY CLERK
FILE # 0600-60
AGENDA STATEMENT
CZTY COUNCZL MEETZNG DATE: September 5, 2000
SUBJECT:
Approval of Final Map, Tract 6961 (Dublin Ranch L-6); and
Approval of Tract Developer Agreement with Shea Homes Limited
Partnership, a California limited partnership, for On-Site Tract
Improvements
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
RECOMMENDATION:
1)
2)
3)
4)
2)
Resolution Approving Final Map for Tract 6961
Resolution Accepting In Lieu Park Dedication Fees for
Eastern Dublin Community Parks
Reduced Copy of Final Map
Tract Developer Agreement with Shea Homes Limited
Partnership, a California limited partnership, for L-6
Neighborhood Tract On-site Tract Improvements
Adopt resolution Approving Final Map for Tract 6961
Adopt resolution accepting In Lieu Park Dedication Fees
FINANCIAL STATEMENT:
Shea Homes Limited Partnership, a California limited partnership, is
providing performance and labor and materials bonds to guarantee
construction of the on-site tract improvements for the L-6 Dublin
Ranch Phase 1 Neighborhood, and will pay the cost of the
associated construction inspection..Once improvements have been
constructed and accepted, the City will incur maintenance costs for
City-maintained improvements.
DESCRIPTION: Tract Map 6961 is located in the Eastern Dublin Specific Plan area,
northerly of North Dublin Ranch Drive. Tract 6961 consists of 117 single family residential lots.
A Tract Developer Agreement with Shea Homes Limited Parmership, a California limited partnership, is
required with this project which covers all of the on-site tract improvements associated with the
development of the L-6 Neighborhood, including street improvements, grading and utilities, landscaping
and joint trench improvements.
G:\develop\dubranch\L6-Shea\agst6961
COPIES TO: Charlie Shea, Shea Homes Limited
Partnership, a California limited partnership
ITEM NO. ~
The improvement plans and Final Map for this project have been reviewed and found to be in substantial
conformance with the Tentative Map and Conditions of Approval. All of the required fees, bonds,
insurance certificates and the signed Tract Developer Agreement have been submitted.
Staff recommends that the City Council adopt the attached resolutions approving the Final Map for Tract
6961 and accepting In Lieu Parkland Dedication Fees for Community Parks.
Page 2
RESOLUTION NO. - O0
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP FOR TRACT 6961
(DUBLIN RANCH - NEIGHBORHOOD L-6)
WHEREAS, the Final Map for Tract No. 6961, 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
the provisions of the Subdivision Map Act of the State of Califomia and the City of Dublin Municipal
Code; and
WHEREAS, the onsite Developer Shea Homes Limited Partnership, a California limited
partnership, has executed and filed with the City of Dublin a contract to improve the L-6
Neighborhood tract improvements in accordance with the Final Map of said Tract No. 6961, the Tract
improvement plans and specifications attached thereto; and
WHEREAS, said contract is secured by bonds in the total amount of $ 2,300,705.00 for onsite
Neighborhood L-6 improvements, conditioned upon faithful performance of said contract; and
WHEREAS, said contract is secured by bonds in the total amount of $1,150,352.50 for onsite
Neighborhood L-6 improvements, c0nditioned upon payment for labor performed or material furnished
under the terms of said contract.
NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby
approved.
BE IT FURTHER RESOLVED that the Final Map of Tract 6961 be and the same is hereby
approved; and that rights to areas marked as Roundhill Drive, Ledgewood Terrace, Penwood Place,
Penwood Lane, Woodvale Terrace, Hobstone Place, and those strips of lands marked Public Service
Easement (P.S.E.), Emergency Vehicle Access Easement (E.V.A.E.) and Public Access Easement
(P.A.E.), as offered for dedication to public use in conformity with the terms of dedication be, and they
are hereby accepted, subject to improvement, and that the Clerk of this City Council be and is hereby
directed to transmit said Map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
AT "ACHMENT --
RESOLUTION NO. - 00 fi aft' /D
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTANCE OF PARKLAND DEDICATION
IN LIEU FEES FOR FINAL TRACT MAP 6961
WHEREAS, pursuant to Section 8-7.1 of the Subdivision Ordinance 1-91, as adopted by the City of
Dublin, and City of Dublin Municipal Code 9.28.020, each residential use shall as a condition to the
approval of a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination
of both, for park and/or recreational purposes; and
WHEREAS, in its action on the Tentative Map of the subject Tract, the Planning Commission of the
City of Dublin did determine in accordance with Section 8~7.1 of the aforesaid Subdivision Ordinance that
a fee in lieu of land dedication for park and recreational facilities is to be paid, and said fee to be used for
the development of park and recreational facilities within a period of five years from the date of adoption of
this resolution to serve the residents of the subject tract; and
WHEREAS, the Developer has paid to the City a remittance amount as prescribed in accordance
with Section 8-7.6 of aforesaid Subdivision Ordinance 1-91; furnished by the Tract Developer and
identified as follows:
Tract:
Subdivider:
Amount:
6961
Shea Homes Limited Partnership, a Califonfialimked
partnership
$511,407
The proposed In Lieu Fee is to be used for acquisition and/or construction of Community Park
Facilities in Eastern Dublin.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby accepted as
performance of said subdivider's obligation under Section 8-7.1 et seq. of the aforesaid Subdivision
Ordinance 97-1.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
?TACHMEN ,
OWNER'S STATEMENT:
THE UNDERSIGNED, HERE)NAFTER REFERRED TO AS "OWNERS" DO HEREBY STATE THAT THEY ARE THE OWNERS
OF ALL THE b~NDS OELINEJkTED AND EMBRACED WITHIN THE H~AVY BROKEN LINE BY T~O SHORT DASHES
UPON THE HEREIN EMBODIED FINAL MAP ENTITLED: "TRACT 6961", CONSISTING OF EIGHT (8,1 SHEETS,
THIS STATEMENT BEING UPON SHEET ONE (1} THEREOF; AND CONSENTS TO THE PREPARATION AND
FILING OF SAID MAP; THAT SAID MAP PARTICULARLY SETS FORTH AND DESCRIBES ALL OF THE
PARCELS INTENDED FOR SALE BY THEIR NUMBER AND PRECISE WIDTH AND LENGTH; THAT SAID MAP PARTICULARLY
T
SETS FOR H AND DESCRIBES THE PARCDLS OF GROUND RESERVED FOR PUBLIC PURPOSES BY THEIR
BOUNDARIES, CDURSES, AND EXTENT.
THE UNDERSIGNED DO HEREBY DEDICATE TO THE PUBLIC FOREVER THE PARCELS OF LAND LYINO WITHIN THE
80UNDARY OF HIGHGROVE DRIVE, LEDGEWOOD TERRACE, PENWOOD PLACE, PENWOOD LANE, WOODVALE TERRACE,
AND HODSTONE PLACE FOR THE PURPOSE OF PUBLIC STREETS.
PRINTED NAME:
TITLE:
R'S ACKNOWLEDGMENT:
)F CALIFORNIA
OF ss
__, 2000. BEFORE ME. A NOTANY PUBLIC IN AND FOR SAID COUNIY
~TE. PERSONALLY APPEARED AND PERSONALLY KNOWN TO
PROVEN TO ME ON THE BASIS OF SATISFACTORY EVIOENCE) TO BE THE PERSONS WHOSE NAMES
~SCRIBED TO THE WIIHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR
3ZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS. OR ENTITY
EHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT.
RE:
NAME (PRINTED,1,
NOTARY PUBUC IN AND FO~ THE COUNTYCOMMISSION
OF __. STATE OF CALIFORNIAfly COM~SSION EXPIRES:
SURVEYOR'S STATEMENT:
I, ROBERT CHAN, STATE THAT THE SUBDIVISION SHOWN ON THIS MAP
IS MACE FROM A SURVEY UNDER MY DIRECTION DURINO THE MONTH OF
MARCH, IggO; THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN;
THAT THE MONUMENTS OF THE CHARACTER SHOWN ON THE FINAL MAP
ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED OR WILL BE
T T
SET IN HE POSITIONS INDICATED PRIOR TO THD ACCEPTANCE OF HE
IMPROVEMENTS, AND THAT THE AREA IS 35.?38 ACRES, MORE OR LESS.
DATED;__, 2000
ROBERT CHAR, L. S. No. 5412
REGISTP. ATION EXPIRES: 9/30/00
CITY ENCINEER'S STATEMENT:
I HEREBY STATE 1HAT I HAVE EXAMINED THIS ~ ENTITLED "TRACT 6961"
AND THAT THE SUBDIVISION AS SHOWN IS IN SUBSTANTIAL COMPLIANCE
WITH THE TENTATIVE MAP OR ANY APPROVED ALTERATIONS THEREOF.
THIS FINAL MAP CONSISTING OF EIGHT (B) SHEETS. THIS STATEMENT
DEING UPON SHEET ONE (1) THEREOF, CONFORMS WffN THE REQUIREMENTS
OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AND IS
TECHNICALLY CORRECT.
DATEDL__, 2000
LEE S. THOMPSON, CITY ENGINEER
R.C.E. No. 19348, REGISTRATION
EXPIRES: SEPTEMBER 30, 2001
COUNCIL ~ PRO~OED BY ~W AT A MEDING HELD ON THE __ DAY OF
~W TO ACCOMP~ THE WITHIN FINAL ~ HAVE DEER APPR~ED BY THE
CI~ COUNCIL OF THE CI~ OF DUBLIN AND ARE FILED IN MY OFFICE.
, 2000.
KAY KECK, CIIY CLERK AND CLERK OF
THE COUNCIL OF THE CWf OF DUBLIN,
COUNTY OF ALAMED& STATE OF CALIFODN~
PLANN1NC DIRECTOR'S STATEMENT:
THIS MAP CONFORMS TO THE TENTATIVE MAP AND CORRESPONDING CONDITIONS
AS APPROVDO DY THE PLANNING COMMISSION, THIS MAP HAS DEEN REVlEWED
ON
BY ME AND THE C DITIONS OF APPROVAL HAVE BEEN SATISFIED.
DATED~__, 2000
. EDDIE PEABODY, JR.
SECREC,~Y OF THE PLANNING COMMISSION
CLERK OF THE BOARD OF SUPERVISOR'S STATEMENT:
I, CRYSTAL g. HISHIOA, CLERK OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALAMEDA. STATE OF CALIFORNIA, DO HEREBY STATE, AS CHECKED
ALL TAXES AND SPECLAL ASSESSMENTS COLLECTED AS TAXES
__ DAY OF 2000.
CRYSTAL K. HISSIDA
CLERK OF THE BOARD OF SUPERVISORS
COUNT'( OF ALAMEDA,
STATE OF CALIFORNIA
BY; DEPUTY C~ERK
COUNTY RECORDER'S STATEMENT:
BY:
STATEMENT OF SOILS' REPORT:
TI ACT 6961
A SUBDIVISION OF PARCELS 'K', 'N', 'P', & 'Q' OF ~RACT 6960 AS FILED IN
BOOK ;~4;~ OF MAPS, AT PAGES 85-95, EXCEPTING THe-- PARCEL CONVEYEE
IN THE DEED. RECORDED IN SERIES No. 2000-226072, OF PARCEL 'D' OF~
TRACT 6956 AS FILED IN ROOK 251 OF MAPS. AT PAGES 48-53, AND
OF RESULTANT LOT 116 OF LOT LINE ADIUSTMENT No. "L-O0-05" AS
RECORDED IN SERIES No, 2000-_ ......
BEING A PORTION OF RANCHO SAN RAMON
TOWNSHIP 2 SOUTH, RANGE I EAST, M.D,B. & M.
CITY OF DUBLIN
ALAMEDA COUNTY, CALIFORNIA
mAQKAY&SOmPS
AUGUST, 2000
SHEET t OF 8 SHEETS
19106-1
N85°OB'2g'E 0.92' BNDY~
N75°40'26"E 1~3J5'
N58*26'DO"E 7t.03' BNDY,---LL
N78"56'O2'W 68.15' BNBY,-
NOO'22'56*E 177,58'
269.76' BNOY.
(R) 180.60' BNBY. ,~-~'
R=25T
8NDY.
R=6B6'
L=Tg.gT' 8NDY,
8HDY,
LEGEND
o
~>--
(R)
M-PL
EVAE
PAE
48 4 ' TRACT 5980 ~I?""'J~I'}Y a 4~' 'NB(~OO'OO'W 125.77'
L= %2. 9 ~. 242 M. 85~95 L=479,76' BNDY. I ~ '~1~-__,~ ........... ~- T~ 69~ ~ ~ PSE
. .
EASEMENT NOTES:
BASIS OF BEARINGS:
NOTES:
1) THIS FINAL MAP IS BEING ~ILED IN COMPU~,ICE
Q 1 O0 200 400
SCALE: 1" =200'
EOUND. 5/4' LP. W/CAP L,S, 6441 PER R-t
SET CITY OF DUBLIN STANDARD SIRED MONUMENT STAMPED W/L.S, 5412
STANDARD STRED MONUMENT OF RECORD PER TRACT 6925 W/L,S, 5412
PER (R-2), UNLESS NOTED OTHERWISE
SET 5/4- IRON RPE W/L.S. 5412
FOUND RNLROAD SPIKE AS NO'PED
ANCLE POINT
TRACT 6961
A SUBDIVISION OF PARCB~ 'K', 'N', 'P', & 'q' OF TRACT 6960 AS FI~D IN
BOOK ~42 OF MAPS, iT PAGES 85-95, EXCEPTING THE PARCEL CONVEYED
IN THE DEED RECORDED IN SERIES No,. ~000-2~607~, OF PARCEL 'D' OF
TRACT 8956 AS FILED IN BOOK 251 OF MAPS, AT PAGES 48-53, AND
OF RESULTANT LOT 116 OF LOT LINg AD,IUSTMENT No. "L-00-05" AS
RECORDED IN SERIES No. ~000-_ ..... ,
BEING A PORTION OF I~ANCHO SAN RAMON
TOWNSHIP ~ SOUTH, RANGE I EAST, M.D.B. & M.
CITY OF DUBLIN
ALAMEDA COUNTY, CALIFORNIA
lilACKAY & SOaPs
AUGUST, 2000
SHEET 2 OF D 19106-1
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this day. of , 2000, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Shea Homes Limited Partnership, a California limited partnership, hereinafter referred to as
"DEVELOPER".
WITNESSETH
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 6961 in
accordance with the requirements and conditions set forth within the City of Dublin Planning
Commission Resolution No. 99-26 adopted on August 10, 1999 the requirements of the
Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of
Dublin; and those certain plans and specifications for said development approved by said City
Council, and now on file in the office of the Public Works Director/City Engineer, which are
hereby referredI to for a more definite and distinct description of the work to be performed
under this Agreement as though set forth at length herein; and
WHEREAS, Developer intends to satisfactorily complete the required improvement
within the time hereinafter specified, and City intends to accept Developer's offer(s) of
dedication of said improvement(s) in consideration for Developer's satisfactory performance of
the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time. Developer will commence the work required by this
Agreement within thirty (30) days following the date on which City executes this Agreement.
Developer shall complete said work not later than three hundred sixty-five (365) days 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,
including any authorized modifications.
2. Bonds Furnished. Concurrently with the execution of this Agreement, Developer
shall furnish City with a Faithful Performance Bond and a Labor and Materials Bond. Each
bond shall be in a form prescribed by City, and shall be issued by a company duly and legally
licensed to conduct a general surety business in the State of California. Each bond shall
become a part of this Agreement.
19106- lit8 ~2-00Tract DevAgmnt99-26
Page 1
ATTACFiMENT_
a. Faithful Performance Bond. Developer shall furnish City with a bond
conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum
of $2,300,705.00.
b. Labor and Materials Bond. Developer shall furnish City with a bond
conditioned upon payment of all claims for labor and materials used or consumed in the
performance of this Agreement. Said bond shall comply with the laws of the State of
California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of California
(commencing with Section 3082). Said bond shall be in the penal sum of $1,150,352.50.
3. Insurance Required. Concurrently with the execution of this Agreement,
Developer shall furnish City with evidence of insurance coverage as specified below.
a. Worker's Compensation Insurance. Statutory coverage as required to
cover the full liability of Developer in accordance with the provisions of Division IV of the Labor
Code of the State of California, and an employer's liability insurance coverage with a limit of
not less than $100,000 per occurrence to cover any claims arising from employment not
covered by worker's compensation laws.
b. Comprehensive General Liability' Insurance. Minimum limits of liability
shall not be less than $1,000,000 per occurrence combined single limit bodily injury and
property damage coverage; any deductible provision shall not exceed $1,000 per claim, and
each and every policy must contain a cross liability or severability of interests clause.
c. Comprehensive Automobile Liability Insurance. Minimum limits of liability
shall be not less than $1,000,000 per occurrence combined single limit bodily injury and
property damage coverage; coverage shall include owned, non-owned, and hired vehicles,
and each and every policy must contain a cross liability of severability of interests clause.
d. Other Requirements. All insurance policies shall be issued by a company
legally licensed to transact business in the State of California, shall be issued at Developer's
own cost and expense, shall be maintained by Developer in full force and effect during the life
of this contract, and must have an "A.M. BEST" rating of B+, X or better. All certificates of
insurance shall name the City and its officers, agents and employees as additional insureds,
shall contain a provision that a written notice of cancellation or reduction in coverage shall be
furnished the City (10) ten days in advance of the effective date thereof, and shall state that
such coverage is primary to any other coverage of City.
4. Work Performance and Guarantee. Developer shall secure the services of those
skilled in the trade, profession, or calling necessary to perform the work to be accomplished
under the terms of this contract, and shall guarantee and maintain the work for a period of one
(1) year following the completion and acceptance thereof against any defective workmanship
or defective materials furnished in the performance of this Agreement, and any acceptance of
the work by City will not operate as a release to Developer or Developer's bondsmen from the
aforesaid guarantee.
19106- ljt8-2-00Tract DevAgm nt99-26
Page 2
5. Inspection of the Work. Developer shall guarantee flee access to City through
its Public Works Director/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
Developer and replaced to the satisfaction of City without any expense to City in strict
accordance with the improvement plans and specifications.
6. Agreement Assignment. This Agreement shall not be assigned by Developer
without the written consent of City.
7. Abandonment of Work. !f the work to be done under this Agreement is
abandoned, or if this Agreement is assigned by Developer without written consent of City, or if
City through its City Engineer determines that the said work or any part thereof is being
unnecessarily or unreasonably delayed or that Developer is willfully violating any of the
conditions or covenants of this Agreement or is executing this Agreement in bad faith, the City
shall have the authority to order Developer to discontinue all work or any part thereof under
this Agreement, and Developer shall cease to continue the work or such part thereof as City
may designate, and City shall thereupon have the power to obtain by Agreement, purchase,
rental or otherwise, all labor, equipment, and materials deemed necessary to complete the
work and to use such materials as may be found upon the line of such work. Developer and
his sureties shall be liable for all expenses incurred by City for the acquisition and use of such
labor, equipment, and materials.
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. Safety Devices. Developer shall provide and maintain such guards, watchmen,
fences-, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on
the 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.
19106- ljtS-2-0OTract DorAgin n199-26
Page 3
10. 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 Developers, 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, shall accept the work and
notify Developer or his designated agents of such acceptance.
11. Patent and Copyright Costs. In the event that said plans and specifications
require the use of any material, process or publication .which is subject to a duly registered
patent or copyright, Developer shall be liable for, and shall indemnify City from any fees, costs
or litigation expenses, including attorneys' .fees and court costs, which may result from the use
of said patented or copyrighted material, process or publication.
12. 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.
13. Liability.
a. Developer Primarily Liable. Developer shall be responsible for any and all
loss, accident, neglect, injury or damage to person, life or property which may be the result of
or may be caused by construction, operations, or execution of this Agreement, and for which
City might be held liable. Developer shall protect and indemnify the City of Dublin, the City
Council, the City Engineer and/or any officer, agent or employee of the City, and save them
harmless in every way from all suits or actions at law for damage or injury to persons, life or
property that may arise or be occasioned in any 'way because of construction operations or
execution of this Agreement.
b. Design 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.
c. Litigation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this Agreement or
seeks to specifically enforce the terms of this Agreement, and, in the event judgment is
entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and
court costs.
19106- lj t8-2-00Tract DevAgrn nt99-26
Page 4
IN WITNESS WHEREOF, the .parties hereto have executed t'his Agreement in duplicate
at Dublin, California, the day and year first above written.
19106- ljtg-2-00Tract DevAgmnt99-26
Page 5
CITY OF DUBLIN
By
Mayor
ATTEST:
City Clerk
DEVELOPER
SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP
BY: J. F. SHEA CO., INC., A NEVADA CORPORATION, ITS GENERAL PARTNER
19106- ljt8-2-00Tract D evAgin nt99-26
Page 6