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Home My WebLink About4.14 Appr Final Map Centex & Shea Homes ."~?~ . ~,,...:t~.~~ 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. . 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 . . . / ~ :3:3 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 $29,578 for offsite L-5 Neighborhood utility improvements for the benefit of laborers and material men upon the work and improvements, conditioned upon payment for labor performed or material furnished under the terms of said contracts. NOW, THEREFORE, BE IT RESOLVED that said contracts and bonds be and they are hereby approved. r.-' ..... .~ .,,~. .'- I oJ, t;.,f ":..,or n-?i~' I , J ~ r ,........1 :.Lt...~\ , ! -- ;< qf' 3.3 BE IT FURTHER RESOLVED that the Final Map of Tract 6960 be and the same is hereby approved; and that rights to areas marked as Lanes: Oak Bluff, Hartland, North Bridgepointe, South Bridgepointe, and Colebrook; the area marked as the following Place: Cranbrook; and areas marked as the following Courts: Hartland, Colebrook, and Oak Bluff; and those strips of lands marked Public Service Easement (P.S.E.), Storm Drain Easement (S.D.E.), Emergency Vehicle Access Easement (E.V.A.E.) and Public Access Easement (P.A.E.), as offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted; and .that the Clerk of this City Council be and is 'hereby directed to transmit said Map to the County Recorder for filing. . PASSED, APPROVED AND ADOPTED this 16th day of March, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor . ATTEST: City Clerk g: \deve/op Idblnranch 1L5-Centexlreso6960 . ~., ~ ~ "'8 'g r=t: ~~ ! -. Co'1/: u:' S ~i ~~ I ~~ ~ ~o(~ a-a: " o II'lI a..:t !VIw ~ i!a::c:) S~ ~..~iE~;~ V2"~ "w~ l !i J;! ~$ ",l'l:::n; ~e: . ~~ w- "'i:!- & - ~; pdli~ "W~ " ~~= -'" i~ i~ ~i' ,,;/~~.. l!!,.~ :>~ e",~ Q~ 2w~";~t=) QCD ill!: ~;;:i! " iO ~",a ~o !t - ..~ ~& ~IZw_; :::;:15 ~ ~g~ ~~ " :lj,'l~! ~ii'~ ..~ .."" " wa ~"'~ woO '" !;;;"~i~ 01" ~~ ~ iSI$ \:;5 "~!~!i~ ~!2i Ya S If: ~ 0 l:~", C;; IIIt~U)- C~l5 ~l'l I<!ij J z~ aEo~ ~ iz fi! .- ~ w~3 "wlS ~g ".. "~W!Q w... g :t ~~- ~~ i3gEv;: a-~~ : I ~t~ ":~.. ~i5,,~~~ ;/~" ~ w si~ 5i5~ ~~'2' 8 ~~t 0 ~~/i; ~ "il~ 0 .....v= . 9oi5i~lil~::: :i_!;!" _~ l:'~;;;!'5~ :"~"':!i~... 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I4IUEIlo\CO\Iffi'. rrRACT 6960 CITY OF DUBLIN ALAMEDA COUNTY, CALIFORNIA t.lARCH, 1999 IIIACKAY Ik samPS tF"'-~l'\JNIIIII:ooI.JI'IllI~ ""-'"'-.t.II InU~I:n-_ ~ .~ 11ll10S-Dl '-"'\ 'SHEU l or l' . . ~ ~ . ~. .<\J 0::..J:!- L.., ..... "- ~!2;::: i!il L", ~ 0) 0::3. ~ a~ ~ "'<t' ff) ::5~lfj ,ff) .:j '''' Qi/-ff) Q -.s 8 Jj PARCEL "A" SEE SHEET 9 ~i: /~ SEE SHEETS 9 &: 10 o 50 100 200 ~ SCAlE: ,... - tOO' ABANDONJlENr NarE' tKl n50 IS A 1Il~ OF' lHOS( CVIT,l;III rAACtL'!o OF' lNf.) tOItI~ IJ",UN" III[ I):;.'lJNOIm tt llW:1 I,"ZS 'U.EI It I!lXII; 1~1 or IIN"S" 11.1 r,lQ.l .n pm !u. ~ ttUlfr 1I1t'C'lfm.. M9.M1 TO 'SEC1'01 M$".1'fII III gr nil[ 5lATt SUJCIMWII "'" K.r~ nil rJiJHC or 'IlII'S IUP !ilWl ttHSn1\;Ilt llCAL IIfJI'IGlJ RIO A($UlOIVIS.Qt or ,~ ""'" IO'HCTUI nUll!\', .... ,ytL I<5\l C!lN5"Mt """""""'I or 1Il1ffl,.O~101 or _AAS O'QIlS IlIINtRlT ~""'" lPII nl[ OW' 1011 rml mS1PARtIJ. VI N<ll HOT $Ito'f1'j "" T>lS,..,. or _1 mo. (f0RllU0 RWlWlHIUI or MUI1Ul'S _s 05 _1lONIO M """" _-or-_ LINE or _ "1]. .......'M1J~\lnU-15\f....! 1II. .lliU!Q @ @ w: -1-)- . . N().3 ~ :;p' iJ Q:' ~ . m... .... c-J ~ <0 " t:l !i 6? /.... "" I-::. <':) ,I Q!!J1i){] '~ J-.. 'S,.f, I :J.<QO)~ ..y ~ ~ I , J...:: r.. '" ::-.J?:" o' ,to. .:s "" o' ~ ,.<> (;J.....~ Il Q:'& fJ : "rs fJ) " ", 114 SEE SHEET 9 ~ ~'O' IF) >~ ~ 0)' 0)' O' O' ~: ~. r:; . - (R) lot-lot PSE SOE LlotE EVAE: OSRSO PAE SH CHY ()t OUSLrrl smlOARD S I Rm U()IIUlotENT w/LS ~ 12 rO\lNO IUIUEDA COUNTY S mJOARO S mEU lotO/lUMEN 1 my or OIJl!l1N smrrlNTO S mEEf UOflUMwr Of" RECORO PER 1 FW:T 6925 It ILS 54 I 2. roUND I" I.p, It/LS/12ll PER (R - I l. UlIIlSS 0011.0 OOIER'!1SE NJGlL POINT RAD~ IlUJIING MOfIUUENT 10 UarmUEN! PlIllUC SEIMCE USEMENI S lOAU 01Wll USE MEN' lANDSCN'E MAINTENANCE WEMEN I ElotERGENCY VEHlCU ACCESS WEljEfH ElLIOUN SAIl RAMO/l SEflI/ICE OISIRICI [ASEM(Nf PUBLIC ACCESS USEM ENI OOUNDARY LINE 1.01 UNE UONWENI UNE WEMENI tINE AOJAC ENl PROPER fY U"E liE OIS INICE fROM Uo/IUMENI \f\ ~ JjQ!I; ,.~lIW....I'OIIIlll1tS,I![J{}I()<<;U, I: I!ASlS (f" IItMIHCS. 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 S~[T J 0'- II 19H1~-0I ~ ~ 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-~_ . . . . / 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<) . . . . . . /i/ ;,/ /"1 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) . . . ~ I q) .s3 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 . . 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) . . . . / -;.;::4 ~ 3 '"7J ./..-J \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) . . . 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 . . . "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. . Page 4 !. . . . .. ...:;;:; ..../~" ,/ ./ - 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