HomeMy WebLinkAboutItem 4.14 Appr Final Map Centex & Shea Homes (2)
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CITY CLERK
File # D~[Q)0..[UlJ[Z2]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 16, 1999
SUBJECT:
ATTACHMENTS:
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Approval of Final Map, Tract 6960 (Dublin Ranch L-5); Approval
of Tract Developer Agreement with Centex Homes for onsite
improvements; Approval of Tract Developer Agreement with
Centex Homes for offsite utility improvements; Approval of
Improvement Agreement for Tassajara Road with MSSH Dublin
Development (Shea Homes); and Approval of Tract Developer
Agreement with MSSH Dublin Development (Shea Homes) for
offsite street improvements
Report Prepared by: Lee S. Thompson, Public Works Director
1)
2)
3)
4)
5)
Resolution Approving Final Map for Tract 6960
Reduced Copy of Final Map, Sheets 1, 2 & 3 of 11
Tract Developer Agreement with Centex Homes for L-5
Neighborhood Tract Onsite Improvements
Tract Developer Agreement with Centex Homes for L-5
Neighborhood Offsite Utility Improvements for Access
Improvement Agreement for Tassajara Road with MSSH
Dublin Development (Shea Homes) for Tract 6960 Offsite
Improvements
Tract Developer Agreement with MSSH Dublin
Development (Shea Homes) for L-5 Neighborhood Tract
Off site Street Improvements
6)
RECOMMENDATION: '\21I)~t resolution.
MSSH Dublin Development is providing performance and labor and
materials bonds to guarantee construction of the Tassajara Road
improvements and offsite tract street improvements for the L-5
Dublin Ranch Phase I Neighborhood, and will pay the cost of the
associated construction inspection; Centex Homes is providing
performance and labor and materials bonds to guarantee
construction of the street, grading, and utility improvements for the
L-5 Neighborhood onsite tract improvements and offsite utility
FINANCIAL STATEMENT:
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G :\deveJop \dubranch \L5centex\agst6960
COPIES TO:
Barry Crosby, Centex Homes
Kevin Peters, MSSH Dublin Development
(Shea Homes)
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improvements for the L-5 Dublin Ranch Phase 1 Neighborhood
access, 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.
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DESCRIPTION: During the review of the Tentative Maps for the Dublin Ranch
Phase 1 projects, it was determined that many minor lot line adjustments needed to be made in to the
existing Dublin Ranch Master Tract Map 6925 in order to accommodate the proposed new projects.
Instead of processing multiple lot line adjustments, City Staff determined that a resubdivision of several
of the parcels within Tract Map 6925 could be accomplished at the same time that the Neighborhood L-
5/Tract Map 6960 was processed. As a result Tract Map 6960 includes a large portion of the Dublin
Ranch Master Planned Development originally approved with Tract Map 6925. There are consequently
two developers involved with this particular map (1) Centex, who will be developing the L-5
Neighborhood and the associated onsite tract improvements and the offsite tract utility improvements; and
(2) MSSH Dublin Development (Shea Homes) who will be responsible for the offsite Tassajara Road
improvements and the offsite street improvements for the L-5 Neighborhood access.
Tract Map 6960 is located in the Eastern Dublin Specific Plan area, generally bounded by Tassajara Road
on the west, the extension of Gleason Drive on the south, and the extension of Fallon Road to the east.
Tract 6960 consists of 117 residential lots (113 single-family lots and 4 large lots for future subdivision .
into residential lots) within the L-5 Neighborhood, as well as a school site, a park site, 2 parcels for future
stream corridors, and several parcels for private recreation, open space, and trails.
The first agreement that is required with this map is a Tract Developer Agreement with Centex Homes.
This agreement covers all of the onsite tract improvements associated with the development of the L-5
Neighborhood and includes street improvements, grading and utilities. The second agreement that is
required with this map is a Tract Developer Agreement with Centex Homes for the offsite improvements
associated with the L-5 Neighborhood access and includes all of the offsite utility improvements included
within the Oak Bluff Lane right of way. The third agreement that is required with this map is the
Improvement Agreement for Tassajara Road with MSSH Dublin Development (Shea Homes) and
includes all of the offsite improvements associated with the construction of Tassajara Road. The fourth
agreement that is required with this map is a Tract Developer Agreement with MSSH Dublin
Development (Shea Homes) for the offsite street improvements associated with the L-5 Neighborhood
access and includes the construction of Oak Bluff Lane.
The improvement plans and Final Map 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, the signed Tract Developer Agreements and the signed Improvement Agreement for
Tassajara Road have been submitted and reviewed.
Staff recommends that the City Council adopt the attached resolution approving the Final Map for Tract
6960. .
Page 2
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RESOLUTION NO. - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING FINAL MAP FOR TRACT 6960
(DUBLIN RANCH - NEIGHBORHOOD L5)
AND OFFSITE IMPROVEMENTS
WHEREAS, the Final Map for Tract No. 6960, 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 California and the City of Dublin Municipal Code; and
WHEREAS, the offsite Developer, MSSH Dublin Development, has executed and filed with the City
of Dublin a contract to improve Tassajara Road in accordance with the Final Map of said Tract No. 6960, the
Tract improvement plans and specifications attached thereto; and
WHEREAS, the offsite Developer, MSSH Dublin Development, has executed and filed with the City
of Dublin a contract to improve L-5 Neighborhood tract offsite street improvements in accordance with the
Final Map of said Tract No. 6960, the Tract improvement plans and specifications attached thereto; and
WHEREAS, the onsite Developer, Centex Homes, has executed and filed with the City of Dublin a
contract to improve the L-5 Neighborhood tract improvements in accordance with the Final Map of said
Tract No. 6960, the Tract improvement plans and specifications attached thereto; and
WHEREAS, the onsite Developer, Centex Homes, has executed and filed with the City of Dublin a
contract to improve the L-5 Neighborhood tract offsite utility improvements in accordance with the Final
Map of said Tract No. 6960, the Tract improvement plans and specifications attached thereto; and
WHEREAS, said contracts are secured by bonds in the amount of $4,000,000 for offsite Tassajara
Road improvements, $895,466 for onsite L-5 Neighborhood improvements, $55,836 for offsite L-5
Neighborhood street improvements and $59,156 for off site L-5 Neighborhood utility improvements
conditioned upon faithful performance of said contracts; and
WHEREAS, said contracts are secured by bonds in the amount of $2,000,000 for offsite Tassajara
Road improvements, $447,733 for onsite L-5 Neighborhood improvements, $27,918 for offsite L-5
Neighborhood street improvements and $29,578 for offsite L-5 Neighborhood utility improvements for the
benefit of laborers and material men upon the work and improvements, conditioned upon payment for labor
performed or material furnished under the terms of said contracts.
NOW, THEREFORE, BE IT RESOLVED that said contracts and bonds be and they are hereby
approved.
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BE IT FURTHER RESOLVED that the Final Map of Tract 6960 be and the same is hereby
approved; and that rights to areas marked as Lanes: Oak Bluff, Hartland, North Bridgepointe, South
Bridgepointe, and Colebrook; the area marked as the following Place: Cranbrook; and areas marked as the
following Courts: Hartland, Colebrook, and Oak Bluff; and those strips of lands marked Public Service
Easement (P.S.E.), Storm Drain Easement (S.D.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; 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 16th day of March, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
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ATTEST:
City Clerk
g: \deve/op Idblnranch 1L5-Centexlreso6960
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I4IUEIlo\CO\Iffi'.
rrRACT
6960
CITY OF DUBLIN
ALAMEDA COUNTY, CALIFORNIA
t.lARCH, 1999
IIIACKAY Ik samPS
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rTRA CT
6960
A SUBDIVISION OP PARtELS A. 0, E, F, C, I, X, L. II, Q. R. U Y OF mer e925
AS FILED IN OOOK ~41 OF NAPS, AT PAGES 311-U k OF RESULTANT
r ARC EL .X. OF LOr LINE ADlUSTN ENT No. . L-1I8- 3. AS RECO ROE 0 IN
SERIES No. 110-371712, OEING A PORTION OF RANCIIO SAN RAMON
AND A PORT ION 0 F SECfIONS 28, 33 It :14, TOW NSRI P 2 sOuYn.
RANGE 1 EAST, N,O,O, It N.
CITY OF DUBLIN
ALAMEDA COUNTY, CALIFORNIA
~ARCH, 1999
1IIAcKAY. SOWS
C""lOlQlolr~L.JII'Ilao~-.......o~
~u.. Iml-u3l-C"fIIO
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b d( ,3::3
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
.
This agreement is made and entered into this _ day of , 1999, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Centex Homes, 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 6960 in
accordance with the requirements and conditions set forth within the City of Dublin Planning
Commission Resolution No. PA 98-045 adopted on December 8, 1998; 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 referred to for a more definite and distinct description of the work to be performed
under this Agreement as though set forth at length herein; and
WHEREAS, 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.
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 $895,466.
Page 1
,u..;~" ""'" .~ '..-lI, ~.,... 2.
~~ ~ ~ /~~ .r-!~tf~t:~\! t _.;;;;I-L--
'7 ~y :33
v
.
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 $447,733.
3. Insurance Required. Concurrently with th~ 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.
.
5. Inspection of the Work. Developer shall guarantee free access to City through
its Public Works Director/City Engineer and his designated representative for the safe and
Page 2
?" ~ ~3
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. Aoreement Assiqnment. This Agreement shall not be assigned by Developer
without the ~ritten consent of City.
7. Abandonment of Work. If 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.
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 .
Page 3
7' c3 33
.
accordance with said plans and specifications and this Agreement, shall accept the work and
"'tify Developer or his designated agents of such acceptance.
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, 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. 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 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. 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.
.
Page 4
It; 15:?J:3
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
By ~~
&;Z12Y ~SR(~
Type or Print Name
.
y;p
Title
.
Page 5
/1 z8 :33
.
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this _ day of , 1999, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Centex Homes, 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 6960 in
accordance with the requirements and conditions set forth within the City of Dublin Planning
Commission Resolution No. PA 98-045 adopted on December 8, 1998; 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 referred to for a more definite and distinct description of the work to be performed
under this Agreement as though set forth at length herein; and
.
WHEREAS, 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.
.
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 $59,156.
Page 1
""'--.(' ~
J", i ;" .~~ r.r- . ~"F
ti. ./"",.." .ldbf\i , .
---,..---......----
/~ ~V 83
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 $29,578.
3. Insurance Required. Concurrently wit~ 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 Liabilitv 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 Liabilitv 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 -"AM. 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.
5. Inspection of the Work. Developer shall guarantee free access to City through .
its Public Works Director/City Engineer and his designated representative for the safe and
Page 2
/:3 ~ 3-3
.
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. Aqreement Assiqnment. This Agreement shall not be assigned by Developer
without the written consent of City.
7. Abandonment of Work. If 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.
.
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
Page 3
/1/ ~ 3 3
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 CoPvriqht 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 publiGation.
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. Liabilitv.
a. Developer Primarilv 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. 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 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.
.
Page 4
.
.
.
)5 ~ 33
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
By ~ 4Y
8AJZIZY UO:5I3f-"
Type or Print Name
t:;:
Title
Page 5
/6 ~ 33
CrJY Of DUBLIN
IMPROVEMENT AGREEMENT fOR TASSAJARA ROAD
.
This a)-,T'rt"emenl. is rTlade and enl.ned into I.his _ clay of March, 1999, by and
ht'l:'veen I.he CITY of Dablin, a manicipal cOll>oral.ion, ht"reinaft.er rt'ft'lTt"dl.o as
"CITY', and MSSH Dablin Developmenl. LLC, a California Iimil.edliahililly
company, herf.lnaft.er refelTt"dlo as "DI-:VI-:LOPI-:I~".
I~ I-: C I TAL S
WHEREAS, il. has bet"Tl ddennined by I.he cri'Y Coancil of I.he CITY of
Dahlin, State of Calilc>1"Tlla, thaI. DI-:VI-:LOPI-:R de-sires 10 improve- and cit'dic:al.e [ht'
follmving improvt"menl.s (he-rt"aft.er "The Improve-mt'nl.s");
Improvement of Tassajara Road (the "Tassajara Road
Improvement"). Deve-!opa shall improve Tassaiara Road and
conslnlcl. Icmr I.rave-! lanes (2 nOl-Lhboand and 2 soathboand) along the
projecl. fronlage from Norlh Dablin Ranch Dlive 1.0 (ilt'ason Dlivt'.
I )t"vdoper shall improvt' 'I"assaiara Road and c:onstlllcl. foal' trave-! Jane-s
(2 northboand ami 2 soathbonnd) from (;Ie-ason Dlive t.o Dahlin
P,oulevanL The improveTne-nl.s shall be cOT1sl.ruc:l.ed per the Tassa]ara
Road i\ligluncnt plans prepared by MadG'lY & Somps datcd October 29,
1998, and to the satisfaction of the Dircctor of Public \^lorks.
Ilnprovcm.cnts shall include frontage ilnprovclncnts (curb, gutter and
pavcrncnt) along the City park sitc on the wcst side of Tassajara Road
from Gleason Drivc to Ccntral Park.way. Developcr will construct the
ultilnatc mcdian landscaplllg ilnprovcmcnts froln N01th Dubllil Ranch
Dl'ive to Dubllil Boulevard and will illstall turf and irrigation ill the
lllterim median arca (consistillg of thc arca rcsclvcd for the llltcrior
nOlthbound and southbound lancs). A diagranl sll.O\villg thc Tassajara
Road ilnprovcments is attached as exhibit A.
.
TIle Improvemcnts shall be designed and constructcd ill accordancc with City
of Dubli1l Public Works Standard Plans; thc rcquirelnents oftllc S1.lbdi\'ision h1ap
Act of the State of California and thc Subdivision Ordlllanc.c of thc City of Dubli..1l;
and the "concept" plans for TIle Improvements now on file ill tlle oHlee of the Public
\'\forks Dil'cctor/City Engincer, which arc hereby rcfclTcd to for a more definite and
.
City (,f Dublin Impmv",m",nt Agl"'",m",nt.
rnr '!':-llili:-lj:-lr:-l Rl'l:-ld::lnd N",ighh\xhood !-':-lrk
f--:-'~" I.....: a ~,.....~t...,.- S
.~ ""'wfa _p...."l~,;J._.. [
r,~~ :;:\'It..~qtr~~~_~"1-~_ .
.
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/ l ct !J3
disljncl. descdpljon o[ I.he vmrk 10 be performed under Ihis AhTreemf'nL as Lhough Sf'L
forth aL lengLh hnein; and
WHEREAS, DEVELOPER inlends Lo sal.isf:iCL01;ly cornplde The
ImprovemenLs ,viLhin Lhe Lime hert'lna[lfr ~1)ecHied, and CITY inl.ends 1.0 accf"pl.
DEVELOPER's ofle.r(s) of dedical.ion o[ The Improvemenl.s in considnaljon for
DEVELOPER's saljsfacl.Ol)' pf'rlcH'TrianCe of I.hf" It'nns and condil.1orls of I.his
Ah'Tf"emenl.; and
WH EREAS, DEVELOPER intends 1.0 prepare mor~ refined improvemf'nl
plans [or The ImprovemenLs;
NO\,y, THEREPORE, in consideraLion of the mntna.! promises, conClil.ions ami
covenanLs herein conlained, Lhe panies ah'Tef. as !c)lIows:
1. C :ornpletioTl 'rime.
DEVELOPER will cornrnence const11lcl.1on of the Tassajara Road
Improvemenls "vilhin I.hirly CoW) days following Lhe daLe on "vhich CITY execnLt's this
Agn-'t'TTlt'nt and shall complete snch iTTlprov~TTlents by October 1, 1999. Time is of
l.he essence in l.his Agreement.. Upon complt'ljon, DEVELOPER shall fumish CITY
"vil.h a cornpld~ and reprociudble sd o[ final as-buill. plans o[ The hnproveTTlf"nts,
including any aUl.hOl;i',ed TTloclillcaLions.
2. :Cstllllc'lted Cost of Irnprovements.
TIlt c,stllllc'lted cost of constn.lCting the Tassajara Road Improvements is
agreed to be $4,000,000. Said amounts include costs and reasonable expenses and
fees \vhich may be incurred in eluordng the obligation secu.red.
3. Bonds fu.rnished.
Concurrently \Vitll tlle execution of tllis Agreement, DEVI.LOP:CR shall
furnish eIn" 'witll tlle follmving secul'ity in a fo.rm satisfactory to the CITY Atto.rney:
a.
faithful Pelfo.rmance. Eitlle.r a cash deposit, a co.rporate su.rety
bond issued by a company duly and legally licensed to conduct a
general su.rety business in tlle State of Califo.rnia, 0.1' an
'. .
inst.rument of (l'edit equivalent to one hundred per cent (100%)
City of DlJblin Impmvt':mt':nt. Agrt'::>mt>nt.
r(Jf T;:l~~;:lj;:lr;:l J{cl::lcbnd Ndghbc,rhcl\xi I-';:lrk
I-';:lgl" 2 (If l:i
M:l rch 1 1, Jl:H)\)
It g :3:3
of Ihe esljmales set (or[h in ParahTJ-aph :2 and suITlcienl 1.0 assurt"
CITY Ihal The Improveuwnls will he salisfaCl.Olily complt>lt>cL
b. I,abor ancl Malelials. Eilllt"r a cash deposil, a C(11)01";ile sure I y
hond issued hy a company duly and It'gally licenst'd 10 conducl a
w~nel";il surt> I y business in Iht' Slale of California, or an
inslnmlt'nl of crt'dil ecplivalt>nl o[ finy p~r cenl (.'5096) of Ihe
eslimales set [orlh in Pal";ihTJ";iph :2 and sllflkit"nl 10 assure CITY
I.hal DEVELOPER'S conl.rac!ors, subconlract.ors, and olher
pt'rsons fumishing lahor, mal.t'Jials, or eCl'lipmenl shall he paid
I.h ert' Ie)r.
CITY shall be Ihe sole indemni lee named on any .inslnnnen I n'cPlired hy Lh is
Ah'Tr>emt>nt.. Any insl.nnTlt>nL or dt'posil rt'cplirt'd herein shall con!e)1,Tl wil.h Ihe
provisions of (:hapLer .'5 of Lht' Suhdivision Map Act..
4. Inslll";Hlct' Rt>cplin'd.
ConclllTt'nl.ly \,vi[h Lhe ext"culjoTl hert'of, DEVELOPElt shall oblain or
caust' 1.0 be ohlained and filed vvilh Lhe CITY, all inSlll";UlCe rt'cplired lmder Lhis
pal";igraph, and such insurance shall have been approved hy lhe Achninisl.raLive
Services Direcl.or of CITY, or his designet', as 1.0 Conn, amounl. and canier_ Plior [.0
I.he commenceTTlenl. of work uncler I.his AhTJ-eeTTlenl., DEVELOPER's gener-it conl.l";icl.or
shall obtain or cause to bc obtained and filed Witll tlle Administrative Selvkes
Director, all insurance required under this paragraph, and such insurance shall have
been approved by the Administrative Selvices Director of CITY, as to form, amount
and carrier. DEVELOPER shall not allow any contractor' or subcontractor to
COlluucncc 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 lllc'1intained in full force and dIcct until tlle
completion of ,,,ork under this Agreement and the final acceptance thereof by CITY.
~ .
All requirements herein provided shall appear either in the body of the lllSUICl.nCe
policies or as endorsements and shall spedflcally bind the lllsurance carrier.
a. I\1inuuUlll Scope of Insurance. Covemgc shall be at least as broad
as:
1.
Insurance Selvices Offlce form number GL 0002 (Eel. 1/73)
coverlllg comprehensive Gelleml Liability and Insurance
(:ity nf I )ublin I mpmvt':mt':nt Agrt':t':mt':nt
hx T:'lf,f,:'lj:'lf:'l H.n:'ld:'lnd Nt':ighbnrhclnd I-':'lrk
I-':'lgt': ?, clf l:i
M:'ln,,:h II, 1 (1<:1<)
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3.:5
St"rvices omce fonn nllTnber (;1, 0404 covt'dng Broaci
Ponn Comprehensive (;eneral Liabilil)'; or Insnrance
St'lvices 0 mct' Cormnen:ial (;ent'ral Liabili I.y coverage
("occnlTt'nce" /cm-rt (X; 0001.)
L.
I nsurance Services 0 mce form rmmber CA 0001 (hi.
1/7H) coveling Anlomobile Liabilily,'cocie 1 "an)' anlo" ami
endorsement. CA OOL.">.
'J
,).
\Vorkers' Cornpensal.ion insnrance as re-clnirt'd by I.ht'
I.abor (:ode of I.he Slat.e of (:ali/c)}-nia and Employers
Liabilily Insnrance.
b. MinimllTn !'irnils of Insnrance. Dr:VELOPER shall rnainl;iin
lirnils no less than:
L
(;ene-ral !'iabili I y: $1 ,000,000 ('ornbint'd single limi I pn
OCClllTence for bodily injlll)', personal injury and prope-rly
damage. If comrnen:ial (;eneral Liabili ly I nsnrance or
other /cHTn wiLh a general agg-regal.e limil. is nst'd, e-il.he-r lilt'
general aggre-gat.e limil. shall apply st"paral.r.ly 10 I.his
projecl/localjon or I.he general aggn.gale Iimil. shall be- Iwin'
I.he reclnired OC('lllTence limit..
2. Automobile Liability: $1,000,000 combined single limit
per accident for bodily injuIY and property dam.c'i.ge.
3. Workers' Cornpensation and Emplo~Ter'S Liability:
\.'Vorkcl'S' cornpensation 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. JUlY deductibles or
self. insured retentions must be declared to and approved by the
CITY. At the option of the CITY, either t11.e insurer shall reduce
or ewnillate such deductibles or self-insured retcntions as respects
the CITY, its ofUcel'S, ofUcials and employees; or the
DEVDLOPER shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
City clf l)uhlin Impmvt':mt':nt Agrt':t':mt':nt
h'lr T:.lSt.:.lj:.lf:.l !{Cl:.ld:.lnd Nt':ighhclrhood l-':.lrk
l-':.lgt': "1 cl l:~
M:.l rch 1 I, I CH:H:I
~D ~ :3.:3
v
(it- fense expenses.
.
d. Olher Insnrance Provisions. The polides are 1.0 conlain, or ht'
t'ndorst'c! 1.0 conl:.dn, Ihe following provisions:
1. C;t'nt'ral Liahilllv and AllloTT10hilt> '-iah]Iil\' Cm't'raot's.
.. . \.
a. The CITY, iLs officers, agt'nLs, onidals, e-mplo)'t'es
and volunLeers shall he named as addiLional insurt'ds
as re~l)t'c1.s: liahility :uising oul of acl.iviLit's
perforrnt'd by or on bdlalf of Lht' DEVELOPEIZ;
produclS and cOTT1plt'l.ed operaLions of Lht'
DEVELOPER; premises cnvned, occupied or ust'ci hy
lht' DEVELOPER; or aul.omobiIes ov,'nt'd, Ie-'ast'd,
hin"d or h01TOWt'd hy t.he DEVELOPElt Tht'
covt'rage shall conl:...in no ~l)t'daI Iimil:...l.ions on Iht'
scope of Lhe pmLe(:I.ion affonie-'d 1.0 Lhe CITY, iLs
offict'rs, officials, t'mplo)'t't's or volunLt't'rs.
h.
Tht' DEVELOPEIfs insurance covt'rage-' shall he-'
Inim:u)' inSllranct' as re~l)ecl.s tht' CITY, iLs office-rs,
officials, employees and volunLeers. Any insurance-'
or self-in~ll1-;HlCe maint:...ined by Lhe CITY, il.<;
oftlcers, offldals, elnployees or volunteers shall be
excess of the DEVI.LOPER's insurance and shall not
contribute ,vith it.
.
c. Any failure to c01nply with rep01ting pl'Ovisions of
the policies shall not affect coverage pl'Ovided to the
CI11", its oftlccrs, oftkials, employees or volunteers.
d. TIle DEVI.LOPER's insurance shall apply separately
to each insured against whom claim is ll'L:'lde or suit
is brOl.lght, except with respect to the limits of the
insurer's liability.
2. 'Vorkers' Compensation and I2mployers Liability Coverafc..
TIle insurer shall agree to ,vaive all rights of subrogation against
.
City nf !)\Jblin Impnw..m..nt. Agrh.m..nt.
!-=Clf T:'lI>I>:'lj:lr:l Rn:ld::lnd Nf>ighbClf!K)\xi P::Irk
1-'::1 gf> .'5 nf 1 ::;
M::I rc:h 1 I, 1 ()(H)
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l.he CITY, ils olllcers, of/kiaIs, employees and volunl.t>ns for
losses ;nising from work pt>r!'orrnt>cl hy the DEVELOPER {()l. lIlt'
CITY.
'J
" .
All CO\'t>ra ~~t's.
f..ach insurance polky re-cplirt>d hy l.his clause shall he t>nciorsed 10
slate l.hal. coverage shall nol. he sll~l)ended, voided, canct"llt'd hy
t>il.her parl.y, reduct>d in coverage or in Iimil.s excepl. ant'r l.hirl y
C.W) clays' plior wlil.l.en nol.ice hy cerl.Hled mail, relurn re-ce-ipl
recpleSl.ed, has heen .l-,riven 10 l.he CITY.
a. ACCt>pl;ibiIily of Insnrers. Insurance is l.o be placed wilh
insurers "vil.h a Besl.s' ra,l.ing of no less (han A: VI I.
h.
Vt>lillcal.ion of Covt>ra(Te. DEVELOPER shall furnish CITY
vvil.h cerl.H1cal.es of im;urance anci vvil.h Oli.l-,rinal
t>ndorseTTlenl.s t>/Te-cljng coverage recplired hy l.his clause.
. rhe cerl.ilkal.es and endorsemenU; for each insnrance
policy are 10 he signed hy a person aul.hOlii'.ed hy l.hal.
insurer l.o hind coverage on ils behalf. The c:erljl1cal.e-s and
endorseTTlenl.s are to he n'ceived and approved hy l.he CITY
before vvork cornTnences. The CITY reserves l.he lighl. 10
require complete, celtiflcd copies of all requircd insurance
policies, at any time.
c. Subcontractors. DEVTILOPER andior DEVILOPER's
general contractor shall include all subcontractors as
lllSUl'cds under its policies or shall obtalll separate
certiflcates and endorsements for each subcontractor. All
covel-ages for subcontl-actor'S shall be subject to all of the
requirements stated herein.
). \Vork Performance and Gual-antee.
:CXcept as othenvise expressly provided in this Agreement, and excepting
only items of routine maintenance, ordimuy 'ivear and tear and unusual abuse. or
. .
neglect, DEVELOPER guar-antees all wOlk executed by DEVELOPER and/or
. ~ .
DEVILOprR's agents, and all supplies, ll'l.c'l.tcrials and devices of whatsoever nature
City ()f D\Jblin Il11prrJVt':I11t':nt Agr..t':I11t':nt
Pm T:<~~:<j:<r:< R!'l:<cbnd N..ighbNhrl\xl I-':<rk
I-':<,.t': (') nf 1 ::,
,-..
M:<rch II, t 1:1\:1\:1
~), c:t
inC0l1)oraLecl in, or al.l;ichedlo !.he work, or olht'lWist': cldivt'redlo CITY as a parL of
Lhe \,vork pursuanL Lo Ihe AhTreemenL, 10 be frt't' of all clefecL" of workrnanship ancl
mal elials for a pt'liod of ont' (1) yt'ar afLt'r ini Lial an:t':planct' of Lhe t':n Lire work by
CITY. DEVELOPER shall rt':pair or rt'plact': any or all such work 01. maLt'l;al, logt"lht"r
vI'ilh all or any oLht'r \Ivork or maLt'l;als vdlich may be eli~1)lact"d or clarnageci in so
doing, IhaL may prove elt'fe-cLive in workmanship or maLt'l;al wiLhin said ont>-Yt'ar
guar:mLt't' pe-l;od \vilhouL expt'nst': or chargt' of any nalm-t' \,vhaLsoevt'r 10 CITY.
DEVELOPER furLht'r covt'nanLs and agrt'es LhaL when defecl$ in design, \vorkm:mship
anei malt'l;als aClnally appt'ar dm;ng !.he one-Yt'ar gll:-:1.r:mLet' pt'l;od, and have bt't'n
cOlTe-cLed, Lhe gu:u-anLet' pel;od shall aUl.omaLically bt': t':xlencbi for an addiLional year
10 insurt' LhaL such dt':fecls havt': aClnaJly ht't':n COlTt'cleeL
In !.ht' evt'nl. I.he DEVELOPER shall [;-:1.il Locornply vvilh LIte condiLions
of Lhe- fort'going gllaranLt"t' \vilhin Ihirly C-jO) days Lime-, af!.t'r lwing nol.il1t'cl of Lht'
dt.(t>cL in vl1;!.ing, CITY shall havt' Ihe lighL, bu!. shall noL be obligakd, 1.0 rr-pair or
obudn Lhe rr-pair of Lhe defecL, and DEVELOPEI~ shall pay 10 CITY on dernand all
cosLs and expenst' of mdt repair. NOLWilhsl;mcling anyLhing flt'rein 10 Lht' conLrar)',
in Iht' evenL Lhal. any dd't-cL in vmrkmanship or rnaLelial cO\'t':n~el by Lht' f(m~going
guaranLt"t': rt'sul!.s in a concliLion vvhich consLilnLt':s an imrnecliaLt' hazard 10 Lht' public
ht'aIlJt, safe-Iy, or wdf:ue, CITY shall havt' Ihe l;ghl. 1.0 irmneeliaLdy n'pair, or GiUSt' 10
lw rt':paire>d, such cir-ft'cL, :mel DEVELOPER shall pay 1.0 CITY on de>m:md all costs
and t'xpt':nse> of ~llCh rt'pair_ Tht' forr-going slalt'rnt>nL rdal.ing Lo hai',anls 10 ht':allh
and safeLy shall ht' cie>e>rnt'ci Lo includt' dlher lempor:uy or pt'nnant'nl. repairs which
lllc'1Y be required as detennined in the sole discl'etion and judgment of CITI.
If CITI, at its sole option, lllc'1kes or ca uses to be lllc'1de the necessary
repairs or replacements or performs the necessary work, DEVILOPJ:::R shall pay, in
addition to actual costs and expenses of such repair or work, flfty percent (509il) of
such costs and expenses for overhead and interest at the lllc'1ximum rate of interest
permitted by law accnling thiIty (30) days from the date of billing for such v.rork or
repaiI-s.
6. Inspection of the Work..
33
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DEV12LOPER shall guarantee free access to CrTI through its Public
\Vorks DiI'cct01!City Engineer and his designated representative for the safe and
convenient iIlspection of the work throughout its construction. Said CrTI
representative shall have the authority to reject all materials and '\vorkmanship '\"hich
are not iIl acc.ordance with the plans and specifications, and all stich lllc'1terials and or .
City (if I)\Jblin Impmve.me.nt Agre.e.me.nt
rM T~::;::;~ j~ r~ Rn~d~ Ixl Ne.ighb\xhm.)d I-'~ rk
I-'~?t 7 nf 1:~
M~rd1 11, 1 \YH)
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\vork shall be removed prompLly by DEVELOPER and replacecit.o I.he salisfacl.ion of
CITY wil.houl. any expense 1.0 CITY in sl.licl. accordance \,,'iLh I.he Improvemenl.S pl:ms
ami ~l)t"d Cical.ions.
7. A~~'Tt't'mfnl. Assii71TTlfTlI:
This Ah'Tee-'me-'nl. shall nol. be-' assiWltd by DEVELOPER \vil.houL I.he
wliUe-'n conse-'nl ofC:rry.
B. Ab:mdoTlTTle-'nl of \Vork.
Ne-'ilha DEVELOPER nor any of DEVELOPEIt's agenls or conlractors
are or shall be-' cc;nsidered (.0 be agents of CITY in conne~:lion wilh Lhe perforrn:mce
of DEVELOPEH.'s obligalions under Ihis AgreemenL
I f DEVELOPER refuses or fails 1.0 oblain proseculion of I.he-' \vork, or
any sever:ible parI. I.hert'of, with mdl diligeTlce as will insure ils complt"l.ion wilhin tht'
Lime ~l)ecifled, or any extension Ihereof, or fails 10 oblain cornpldion of said work
within such Lime, or if DEVELOPER should be adjudged as banknlPI, or should
make-' a general assigTlmenl for I.he lwnefiL of DEVELOPER's (Tt"dilors, or if a rt"ct"i\'t'r
should be appoinl.ed, or if DEVELOPElt, or any of DEVELOPER's conl.racLors,
subconlraclors, agenls or e-'mployees should violal.e any of the provisions of Ihis
Agrefmenl, Ihe CITY Ihrough ils Public \Vorks Direcl.or may serve wliU,e-'n nol.ice 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 thc event of any such notice of breach of this Agreement,
DEVELOPER's surety shall have thc duty to take over and completc TIle
Improvemcnts herein specified; provided, hmycvcr, that lithe surety, "within thirt)'
(30) days after the serving upon it of such notice of breach, docs not give CITI
'viTitten notice of its intcntion to take over thc perfonn.<:'1nce of the contract, and does
not conuncnce perfonnance thereof within thirty (30) days after noticc to CITI of
such election, CITY rnay take ovcr the work and prosecute the same to completion,
by contract or by any other method CrTY may deem advisable, for the account and
at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for
any clam.ages and/or reasonable and documented excess c.osts occasioned by CITY
thereby; and, in such event, CITI, without liability for so dOirlg, may take possession
of, and utilize in c.ompletirlg the work, such materials, appliances, plant and other
property bclongirlg to DEVELOPER as may be on the site of the work and necessary
City elf D(Jblin Imprnvt':mt':nt Agrt':t':mt':nt
h'}f'T;:l!;!;;:lj.''lr;:l Rn;:lehnd Nt':ighbmhood PMk
P::l"t': R elf 1:1
r-,
M::l rch 1 l, 1 1:1(11:1
Lh t're for.
6l. cj t::{ .3.:3
.
All nOLices herein rec!11irt>d shall be in Wlil.ing, ami ddivt'rt'd in pt>rson or
senL by rt't,rlsLert>d mail, poslage prepaid.
NoLices rec!11il'ed 1.0 be t,riven 10 CITY shall be addrt'sst'd as follows: I.t>t'
Thornpsori, Dirt'cLo~ of Pnblic Works, CiLy of Dablin. .
NoLices rec!nired 10 be t,riveTI 10 DEVELOPER shall bt' addn~sst'd as
follows:
Kevin W. Pdt'l"S
MSSH I)t'velopmenl.
2177 Los Posil;iS Conrl., SalLe 6
Liyt'l1Tl0H\ Califomia 94:').')()
NoLict's rt'clulrt'd 10 bt' given snn'ly of DEVELOI'EH.. shall bt' addre-ssed
as follows:
.
Any parLy or Lhe sart'ly may change sach address by nol.ict' in wlil.ing 10
I.ht' o(.her parly amilllereafLer nol.ices shall be addressed and I.r:msmil.l.t'd 10 I.he new
address.
Concurrently witll thc execution of this Agreement, DEVELOPER has
executed and has caused to bc acknowledged an abstract ofthis Agreement.
DI2VELOPER agrees CITY lll.c'1Y record said abstract in tllC Official Rccords of
i\lameda County.
9. Usc of Streets 01' lJnpl'Ovements.
At all times prior to tlle final acceptancc of tllC wOlk by CITY, tlle use of
any or all su'cets and Improvements witllin tlle wOlk to be performed under tllis
Agreement shall be at tlle sole and exclusive lisk of DEVELOPER. TIle issuance of
any building or occupancy permit by CITY for dwellings located 'witllin the tmct shall
not be construed in any InalUler to constitute a paltial or fl1lal acccptance or approval
of any or all such Impl'ovcmcnts by CITY. DE\T1::LOPER agrees tllat CITY's Building
Offkiallll.c'1Y witllllOld tlle issuance ofbl,ilcling or occupancy permits ,,,hen tlle wOlk .
City nf I)tJbl1n Imprnv~m~nt Agr~~ml':nt
rM T~~~~i:H~ R()~('bnd Nl':ighbCJrhnnd P~rk
P~ gl': l') \"If l:~
M~rch 1 I, 1 \11:11)
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.
cA5 czf 83
or its pmhrn"~~ may ~ub~lanljally ancL!or dt"l.limt'nlally allfcl. public ht'allh and ~aJfl y,
10. Saft'ly l)t"vlct'~.
I)EVELOPElt ~hall providt' and Twtinl;,iin ~uch h'lJ.:n:d~, \valdmwn,
Jfnct's, ballit'r~, rt'h'llIaIOlY ~ign~? warning lighl.~, and ol.ht'r ~afdy dt'vict'~ adj:iCt"nl. In
and on tht' I.racl. ~il.t' as may bt' nt'ct'~s;ny 10 prt'Y't'nl. an:idt'nls 1.0 Lht' public and
cl:unagt' 10 Lht' propt'rly. DEVELOPER shall furni~h, plact', and mainl;iin mch lights
as may bt' nt"ct'~~:ny for illmninaLing l.ht' ~aid lenct'~, ballitT~, ~ign~, and oLht"r ~a Ifl y
clt"\'ict'~. AL Lht' t'THI of all v,:ork (0 bt' pt'l-forrnt'd llndt'r Lhis Agrt"C"mt'nl., aIllenct's,
ballit"r~, n'h'llIaLOlY ~ih'T1S, vvaming Iighls, and olJ-1t"r ~af("(y dt'vict'~ (t"XCt"pL mch ~aJfly
iLt"m~ a~ may bt" shown on Lht' plans and im:ludt'd in I.ht' items of work) ~hall bt'
rt"TTlovt'd from ~il.t" of l.ht' work by I.ht" DEVEI,()PER, and I.ht" t"nl.irt" ~iLt' It"f! dt"an and
on!t'r1y.
II. Acct'plaTlCt' of \Vork.
Upon noLlct" of Lht" COTTlplt'ljon of aIll.racL vvork an,! 1J-1t' ddivt"l")' of a st'L
of I1naI as-lmilL plan~ 10 CITY by DEVELOI'Elt, CITY, lJ-mmgh ils Cily Enhrint't'r or
hi~ elt"~ignaLt'd rt"I)l.t'~t"nlaljvt', ~hall t"xamint" l.ht' Lracl. work ,.viLhouL ciday, anc!, if
founel Lo be in acconhnct" \','ilJ-1 ~aiel plan~ and !'J>t'cil1caLion~ anci Lhi~ Agrt't"TTlt'nL,
~haIl rt'cOTnmt"nci acct'pl;U1Ct" of Lht" "vork 1.0 Lht' CiLy Council anci, upon ~uch
acct"plaTlct", ~haIl Tlol.i(V DEVELOPER or his dt'signaLt"d agt"nls of snch acct'ptanct'.
12. Patent and Cop~rright Costs.
In the event that said plans and spedilc.ations require the use of any
llk'lterial, process or publication which is subject to a duly registered patent or
copyright, DEVI2LOPER shall be liable for, and shall indclluUfy CITY from any iCes,
. '- . .
costs or litigation expenses, including attorneys' fees and COUlt costs, ,,'hich may
result from the use of said patented or copyrighted material, process or publication.
13. Alterations in Plans and Speciflcations.
j\..ny alteration or alterations made in the plans and specifications which
arc a part of this Agreement or any provision of this Agreement shall not operate to
... . ,-
release any surety or sureties fi'om liability on any bond or bonds attached hereto and
llk'lde a part hereof, and consent to llk'l.ke such alterations is hereby given, and the
sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Cock
City of Duhlin Ill1pf"(iV~m~nt. Agf"~~m~nt.
r(Jf" T:'l~~:'lj:'lr:'l R():'ld:'lnd Nt>ighh(Jrh(J\xi I-':uk
I-':'l g~ J 0 of I :1
M:'lrch J I, 1 ')(H)
cl,b
'!f :a 3
of I.he Slale of California_
.
14. Liability.
a. DEVELOPER Plim:nily Liable. DEVELOPElt hen"by
w:~nanls I.hal. I.h~ d~sipl and consLnlcLion of' rhe
Irnprovemenl.s ,~..ill not adverst"ly arfe..c1. an)' porLion of
adjacenl. properl.ies and l.hal all work will he perforrned in a
proper manner. DEVELOPER ahT'J'ees 1.0 indemnify,
defend, release, and save harmless CITY, and each ofil.s
elecl.ive and appoinl.ive hoards, cOTnmissions, officers
agenL<; and employees, from and againsl an)' and all loss,
claims, sui Is, Iiahilil.ies, acl.ions, d:unages, or causes of
aCLion of every kind, naLun~ and d~sClipLion, direcLly or
indirect.!y :uising from an ael. or omission of DEVELOPER,
iLs employees, agenLs, or inclt"pendt'nl. conl.nu:l.ors in
cOTmect.10n wilh DEVELOPER'S acl.ions and ohliga[.1ons
hen"under; provided as follows:
L
ThaI CITY does noL, and shall nol., "vaive any righl.s
againsl. DEVELOPER ,,,'hkh il. ma)' have hy reason
of the aforesaid hold harmless a.!-,T'J-eemenl., because of
I.he acceplance hy CITY, or I.he deposil. ,,,,il.h CITY
by DEv:I2LOPER, of any of the insurance policies
described i.n Paragraph '3 hereof.
.
2. 111at the aforesaid hold harmless agreemcnt by
D:EVl2LOPDR shall apply to all daulc:'lges and claims
for daulc:'lges of evcry kind suffcred, or alleged to
have becn suffered, by reason of any of the aforcsaid
opcrations refcncd to in this paragraph, rcgardless of
i.vhethcr or not CIrr has prepared, supplied, or
approved of plans and/or speclfkations for the
subdivision, or rcgardless of whethcr or not such
insurance policies shall have becn detcnnined to be
applicable to any of such damages or claims for
damages.
b.
Desi?ll Defcct. If, in thc opinion of the CITI, a design
.
(:ity Clf I :lublin Impr()Vt".m..nt. Agr....m..nt.
ror T::l~~::li:H::l RCI::lchnd Nc:>ighbClrhcl\xll-'::lrk
I-'::lg.. 1 I (If l:~
M::lrf':h 11. Jl)l:'('
.
.
.
~ 1 ::; 33
cit'/~c1. in l.h~ work of Improv~m~nl.s be-cornfs appar~nl
dm;ng l.h~ com'Sf of conSlnlCI.1on, or willtin on~ (1) Yfar
following an:~planc~ by l.h~ CITY of l.h~ ITT1prov~TT1~nI.S,
and said d~sihrn d~fe-d, in l.h~ opinion of l.h~ CITY, may
subSlanl.ially impair l.h~ public h~all.h and saJ~I)',
DEVELOPER shall, upon orde-r hy l.hf CITY, cOlT~d said
d~sign dt'/~cl. al. his sol~ cosl. and ~xp~ns~, and l.h~ surt"I.1t"s
und~r l.h~ t=ail.hfull'~rforrnanc~ and Labor and Mal.~l;als
Bonds shall b~ liabl~ I 0 l.h~ CITY for l.ht' cOlT~divt' vmrk
re-cluirt'cL
c.
Lil.1~?l.l.ion Exp~nst's. In l.h~ ~vfnl. 111al.l~gal adion is
insl.ilul.~d by ~il.h~r parly 10 Ihis Ahrrt't"mt'nl., and said
acLion st't"ks damag~s for hrt'ach of Ihis Agrt"~TTlt'nl. or st"t'ks
1.0 ~l)t'ciJlcally t'nforc~ l.he lerms of this Agre-t'menl., and, in
l.ht' e-v~nl. judgrrwnl. is ~nlen~d in said acLion, l.h~ prevailing
parly shall bt' t'nl.illt'd to n'COVfr ils auorneys' fe-t's and
courl. cosl.s. I f CITY is thf prevailing parI)', CITY shall also
bt' e-nl.11.lt'd 1.0 recover ils auollley's J~t's and cosls in any
acLion againsl. DEVELOPER's sure-Iy on l.h~ bonds
provicle-d und~r parahrraph 2.
1.5. t=llrl.h~r Improvement A!:rt't'TTwnl and Suhsl.il.ute Bonds.
\1I,7hen DEVELOPER has received approval from CITI for more detailed
improvement plans for TIle Improvements, the patties 'ivill amend this
agreement to refer to the approved improvement plans. If deemed necessaty by
CITI, DtVELOPER will provide substitute bonds based on the revised estimate of
the cost of TIle Improvements.
16. Recitals.
TIle foregoing Recitals arc true and correct and arc l.llc'l.de a patt hereof.
IN WITNESS WlIERIOf, the patties hereto have executed this Agreement
in duplicate at Dublin, California, the day and year flrst above written.
City nf Duhlin Imprnvt':mf.J'\t. Agrf.f.mt':J'\t.
rlJf T~~~~j:'lJ"~ Rn~(bnd Nt':ighhlJfh(l\xll-'~rk
I-'~gf. 12 of l:~
M~n,:h 1 I, II:WI\)
;< g ~t :3:3
cny or IHJp,UN
A'ITEST:
By:
Mayor
CITY Clerk
MSSH DEVELOPMENT,. LCC,
a California Iimil.t"d Iiabilil)' Company
By:
!)al.e:
Il.~
By:
T)1)e> or 1'1;nl. Name>
TiLle>
J:\\-\TD\<\ Tn'\!::I I5\IMrROV'L<\GR
r.IIS:lja
City (l Duhlin 1Il1pmvl':m"'nt. Agrl':"'Il1l':nt.
h',r 'J'::l:.:.:.lj::lr::l R\'J::lcbnd Ndghhnrhcllxi P::lrk
P::lgl': 1:1 of I:=J
M::l neh 1 I. !1:l(H)
.
.
.
~
cP9 qf ~3
.
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this _ day of , 1999, by and
between the City of Dublin, a. municipal corporation, hereinafter referred to as "CITY", and
MSSH Dublin Development, 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 6960 in
accordance with the requirements and conditions set forth within the City of Dublin Planning
Commission Resolution No. PA 98-045 adopted .on December 8, 1998; 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 referred to for a more definite and distinct description of the work to be performed
under this Agreement as though set forth at length herein; and
.
WHEREAS, 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.
.
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 $55,836.
h'i"1"""" C,! !"Ji::~'T ~
:,1 . 1"\ .Ml'..tl;....[\11 _~_._
Page 1
. ~
30 OZ::?5
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 $27,918.
3. Insurance Reauired. Concurrently with th~ 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. Comorehensive General Liabilitv 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. Comorehensive Automobile Liabilitv I nsurance. 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 Reauirements. 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
ir}surance 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.
5. Insoection of the Work. Developer shall guarantee free access to City through
its Public Works Director/City Engineer and his designated representative for the safe and
.
Page 2
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"2/.-./ -:;.~-
J -,. ./~
'J
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. Aareement Assiqnment. This Agreement shall not be assigned by Developer
without the written consent of City.
7. Abandonment of Work. If 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 Imorovements. 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.
10. Acceotance 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
Page 3
t .
3), '-''''5 53
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 Copvriqht 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. Liabilitv.
a. Developer Primarilv 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. Desiqn Defect. If, in the opinion of the City, a design defect in the work of
improvement becomes apparent during t.he 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. 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.
.
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,/ ./ - j /---'
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
By
Type or Print Name
Title
Page 5