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CITY CLERK
File # 600-60
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 18, 2009
SUBJECT: Approval of Improvement Agreement for Parcel Map 8275, Phase 2
Improvements
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: 1) Reduced Copy of Parcel Map 8275
2) Resolution Approving the Improvement Agreement for
Parcel Map 8275, Phase 2 Improvements, together with
Exhibit "A," Agreement
RECOMMENDATION: Adopt the Resolution Approving the Improvement Agreement for
Parcel Map 8275, Phase 2 Improvements.
FINANCIAL STATEMENT: AvalonBay Communities, Inc., has provided bonds furnished by the
Travelers Casualty and Surety Company of America in the amount
of $731,000 for the Phase 2 Improvements (Bond No. 105296929)
to guarantee construction of the improvements, and will pay the cost
of construction inspection. Once the improvements have been
constructed and accepted, the City will incur maintenance costs.
DESCRIPTION: Parcel Map 8275 subdivided property owned by the Alameda
County Surplus Property Authority (ACSPA), referred to as Site A in the Dublin Transit Center. Site A is
surrounded by Dublin Boulevard, DeMarcus Boulevard, the BART property and the Iron Horse Trail
(Attachment 1). This parcel map subdivided 8.3 acres into three parcels and dedicated the right-of--way
for Campbell Lane. Parcel 2 was purchased and developed by EAH, Inc., into Camillia Place, a 112-unit
affordable housing development.
The Improvement Agreement for Parcel 8275 required that the Campbell Lane improvements be
constructed in two phases. EAH, Inc., constructed the Phase 1 Improvements for the ACSPA with its
project on Parcel 2. The Phase 2 improvements connect the existing Phase 1 Campbell Lane roadway
through the existing temporary BART parking lot on the ACSPA's property and could not be completed
until the BART garage was completed.
COPIES TO: Pat Cashman, ACSPA
Lauren Leese, AvalonBay Communities
Page 1 of 2
ITEM NO.
g:\development, private\dublin transit ctr\pm 8275-ph 2 Campbell lane\agst imp agmt.doc
The ACSPA has an agreement with AvalonBay Communities, Inc., to replace EAH, Inc., for constructing
the Phase 2 Improvements. The ACSPA and AvalonBay Communities, Inc., have submitted a signed
Improvement Agreement for the Parcel Map 8275, Phase 2 Improvements, together with the required
Bonds. The Agreement requires that the developer will commence construction of the improvements
within ninety (90) days following the date the City executes the Agreement.
RECOMMENDATION: Staff recommends that the City Council adopt the Resolution
approving the Improvement Agreement for Parcel Map 8275, Phase 2 Improvements.
Page 2 of 2
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RESOLUTION NO. - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE IMPROVEMENT AGREEMENT
FOR PARCEL MAP 8275, PHASE 2 IMPROVEMENTS
WHEREAS, the CITY and the Surplus Property Authority of the County of Alameda (ACSPA),
a Public Corporation, the subdivider of Parcel Map 8275, and EAH, Inc., entered into a Improvement
Agreement on March 15, 2005 ("the Original Improvement Agreement"), to complete in two phases those
public improvements (hereafter "The Improvements") required by Community Development Director
Resolution No. 04-03 adopted on May 5, 2004, in accordance with the requirements and conditions set
forth in said resolution; and
WHEREAS, EAH, Inc., has completed Phase 1 of The Improvements; and
WHEREAS, the ACSPA desires to transfer to AvalonBay Communities, Inc., a Maryland
corporation the EAH, Inc., obligations under the Original Improvement Agreement for Phase 2 of The
Improvements; and
WHEREAS, the ACSPA and AvalonBay Communities, Inc., have executed and filed with the
City of Dublin an Improvement Agreement for Parcel Map 8275, Phase 2 Improvements to construct
required improvements in accordance with the Conditions of Approval for the Tentative Map, and with
the approved improvement plans; and
WHEREAS, said Improvement Agreement is secured by bonds furnished by Travelers Casualty
and Surety Company of America in the amount of $731,000 for Phase 2 of The Improvements (Bond No.
105296929), conditioned upon faithful performance of said Improvement Agreement; and
WHEREAS, said Improvement Agreement is secured by bonds furnished by Travelers Casualty
and Surety Company of America in the amount of $731,000 for Phase 2 of The Improvements (Bond No.
105296929), conditioned upon payment for labor performed or material furnished under the terms of said
Improvement Agreement;
NOW, THEREFORE, BE IT RESOLVED that:
1. Said Improvement Agreement is hereby approved; and
2. The Performance Bond issued by Travelers Casualty and Surety Company of America in
the amount of $731,000 for Phase 2 of The Improvements (Bond No. 105296929) be
accepted as security; and
3. The Labor and Materials Bond issued by Travelers Casualty and Surety Company of
America in the amount of $731,000 for Phase 2 of The Improvements (Bond No.
105296929) be accepted as security; and
ATTACHMENT 2
4. The original Performance Bond issued by International Fidelity Insurance Company in the
amount of $499,700 for Phase 2 of The Improvements (Bond No. 0383234) be released;
and
5. The original Labor and Materials Bond issued by International Fidelity Insurance Company
in the amount of $499,700 for Phase 2 of The Improvements (Bond No. 0383234) be
released.
BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is hereby authorized to
execute said Improvement Agreement, attached hereto as Exhibit "A."
PASSED, APPROVED AND ADOPTED this 18th day of August, 2009, by the following vote:
YES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:~DEVELOPMENT, PRIVATE~Dublin Transit Ctr~PM 8275-Ph 2 Campbell Lane~Reso Imp Agree.doc
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CITY OF DUBLIN
IMPROVEMENT AGREEMENT
PARCEL MAP 8275 PHASE 2 IMPROVEMENTS
This agreement is made and entered into this _ day oil , 2009, by and between the
CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and the Surplus Property
Authority of the County of Alameda, a Public Corporation, and AvalonBay Communities, Inc., a
Maryland corporation, hereinafter referred to as "DEVELOPER".
RECITAL
WHEREAS, the CITY and the Surplus Property Authority of the County of Alameda, a Public
Corporation, and EAH, INC., the subdivider of Parcel Map 8275, enter into a Improvement Agreement
on March 15, 2005 ("the Original Improvement Agreement") to complete in two phases those public
improvements (hereafter "The Improvements"} required by Community Development Director
Resolution No. 04-03 adopted on May 5, 2004 in accordance with the requirements and conditions set
forth in said resolution; and
WHEREAS, EAH, INC., has completed Phase 1 of The Improvements; and
WHEREAS, the Surplus Property Authority of the County of Alameda desires to transfer to the
DEVELOPER its obligations under the Original Improvement Agreement to complete Phase 2 of The
Improvements; and
WHEREAS, City is willing to enter into this Improvement Agreement with DEVELOPER to
supersede the Original Improvement Agreement; and
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that DEVELOPER, desires to improve those Phase 2 public improvements (hereafter
"Phase 2 of The Improvements") required for Parcel Map 8275 by Community Development Director
Resolution No. 04-03 adopted on May 5, 2004 in accordance with the requirements and conditions set
forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the
Subdivision Ordinance of the CITY, and those certain plans for said development entitled Parcel Map
8275 Phase 2 Improvement Plans, Campbell Lane, prepared by BKF Engineers/Surveyors/Planners as
approved by the City Engineer; and now on file in the office of the City Engineer, which are hereby
referred to for a more definite and distinct description of the work to be performed under this
Agreement as though set forth at length herein;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the
time hereinafter specified, and CITY intends to accept the offer of dedication of Campbell Lane shown
on Parcel Map 8275 for Phase 2 of The Improvements in consideration for DEVELOPER's satisfactory
performance of the terms and conditions of this Agreement; and
WHEREAS, CITY has determined that The Improvements are a public works subject to
California prevailing wage requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein
contained, the parties agree as follows:
EXHIBIT A
5~ia.
1. Completion Time.
DEVELOPER will commence construction of The Improvements within ninety (90) days
following the date on which CITY executes this Agreement. DEVELOPER shall complete said work
not later than two years following said date of execution. Time is of the essence in this Agreement.
Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-
built plans of Phase 2 of The Improvements, including any authorized modifications.
2. Estimated Cost of Improvements.
The estimated cost of constructing Phase 2 of The Improvements required by this agreement as
presented in the Estimate for Bonding Purposes, Parcel Map 8275 Phase 2 Improvements, Campbell
Lane dated April 17, 2004 prepared by BKF Engineers/Surveyors/Planners is agreed to be $731,000.
Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the
obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the
following security in a form satisfactory to the CITY Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a
company duly and legally licensed to conduct a general surety business in the State of California, or an
instrument of credit equivalent to one hundred per cent (100%} of the estimate set forth in Paragraph 2
and sufficient to assure CITY that The Improvements will be satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a
company duly and legally licensed to conduct a general surety business in the State of California, or an
instrument of credit equivalent to one-hundred per cent (100%) of the estimate set forth in Paragraph 2
and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons
furnishing labor, materials, or equipment shall be paid therefor.
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit
sufficient to assure CITY that the surface water drainage of the subdivision shall not interfere with the
use of neighboring property, including public streets and highways.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision
Map Act.
4. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to
be obtained and filed with the CITY, all insurance required under this paragraph Prior to the
commencement of work under this Agreement, DEVELOPER'S general contractor shall obtain or
cause to be obtained and filed with the Administrative Services Director, all insurance required under
this paragraph DEVELOPER shall not allow any contractor or subcontractor to commence work on
this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general
contractor shall have been so obtained and approved. Said insurance shall be maintained in full force
and effect until the completion of work under this .Agreement and the final acceptance thereof by
CITY. All requirements herein provided shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind-the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
I) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ("occurrence" form CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than:
1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3} Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of the CITY, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the
CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain,
the following provisions:
1} General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers shall
be named as additional insureds as respects: liability arising out of
~~ off= I ~
activities performed by or on behalf of the DEVELOPER; products and
completed operations of the DEVELOPER; premises owned, occupied
or used by the DEVELOPER; or automobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain no special
limitations on the scope of the protection afforded to the CITY, its
officers, officials, employees or volunteers.
b) The DEVELOPER's insurance coverage shall be primary insurance as
respects the CITY, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the CITY, its officers,
officials, employees or volunteers shall be excess of the DEVELOPER's
insurance and shall not contribute with it.
c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees
or volunteers.
d) The DEVELOPER'S insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage..
The insurer shall agree to waive all rights of subrogation against the CITY, its
officers, officials, employees and volunteers for losses arising from work performed by
the DEVELOPER for the CITY.
3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than A:VII.
b) Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements
are to be received and approved by the CITY before work commences.
The CITY reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its policies
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or shall obtain separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work
executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of
whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of
the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a
period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair
or replace any or all such work or material, together with all or any other work or materials which may
be displaced or damaged in so doing, that may prove defective in workmanship or material within said
one-year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in workmanship and materials actually
appear during the one-year guarantee period, and have been corrected, the guarantee period for the
defected items shall automatically be extended for an additional year from the date of the completion
of the repair to insure that such defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the
right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay
to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the
contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or welfare,
CITY shall have the right to immediately repair, or cause to be repaired, such defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing
statement relating to hazards to health and safety shall be deemed to include either temporary or
permanent repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or
performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such
repair or work, fifty percent (50%} of such costs and expenses for overhead and interest at the
maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such
work or repairs.
6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and designated
representative for the safe and convenient inspection of the work throughout its construction. Said
CITY representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in
strict accordance with the improvement plans and specifications.
7. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY.
8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER'S agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's obligations
under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any extension
thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be
adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER'S
creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's
contractors, subcontractors, agents or employees should violate any of the provisions of this
Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and
DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion,
thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER'S surety shall have
the duty to take over and complete The Improvements herein specified; provided, however, that if the
surety, within thirty (30} days after the serving upon it of such notice of breach, does not give CITY
written notice of its intention to take over the performance of the contract, and does not commence
performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over
the work and prosecute the same to completion, by contract or by any other method CITY may deem
advisable, for the account and at the expense of DEVELOPER and DEVELOPER'S surety shall be
liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY
thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in
completing the work, such materials, appliances, plant and other property belonging to DEVELOPER
as may be on the site of the work and necessary therefor.
9. Notices.
All notices herein required shall be in writing, and delivered in person or sent by registered
mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Jeff White
AvalonBay Communities, Inc.
400 Race Street, Suite 200
San Jose, CA 95126
and
Pat Cashman
Surplus Property Authority of the County of Alameda
224 W. Winton Avenue, Room 110
Hayward, CA 94544-1215
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Travelers Casualty and Surety Company of America
135 N. Los Robles Avenue
Pasadena, CA 91101
Any party or the surety may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
10. 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.
11. 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 maybe 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.
12. Acceptance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as-built plans
to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall
examine the tract work without delay, and, if found to be in accordance with said plans and
specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the
estimated cost of The Improvements, shall recommend acceptance of the work to the City Council and,
upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance.
13. 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.
14. 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.
15. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and
construction of The Improvements will not adversely affect any portion of adjacent properties
and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify,
defend, release, and save harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, from and against any and all loss, claims, suits,
liabilities, actions, damages, or causes of action of every kind, nature and description, directly
or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations hereunder;
provided as follows:
1) That CITY does not, and shall not, waive any rights against DEVELOPER
which it may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the
insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to
all damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this paragraph,
regardless of whether or not CITY has prepared, supplied, or approved of plans and/or
specifications for the subdivision, or regardless of whether or not such insurance
policies shall have been determined to be applicable to any of such damages or claims
for damages.
3) 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.
4) Liti ation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this Agreement or
seeks to specifically enforce the terms of this Agreement, and, in the event judgment is
entered in said action, the prevailing party shall be entitled to recover its attorneys' fees
and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover
its attorney's fees and costs in any action against DEVELOPER's surety on the bonds
provided under paragraph 3.
16. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
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:
Tim Sbranti, Mayor
Date:
ATTEST:
Caroline Soto, City Clerk
Date:
AV BAY CO TIES, INC.
By: j~-~^-`- a
Date: r~ t ~ Cry
SURPLUS PROPERTY AUTHORITY OF
ALAMEN/ DA-G,p~TY
Date: ~ ~~ ~ ~ ~~`
G:~DEVELOPMENT, PRIVATE\Dublin Transit Ctr11'M 8275-Ph 2 Campbell LaneUmprovement agmt Ph 2 PM 8275 Avalonfiay.doc
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