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HomeMy WebLinkAbout7.3 Final Map Tr 4950 (041 (pf 1113 '1 �tco AGENDA STATEMENT Meeting Date: September 13, 1982 SUBJECT : Approval of Final Map for Tract 4950 EXHIBITS ATTACHED : Letter from Ron Sorensen dated September 10, 1982; Subdivision Contract; Two Resolutions; Letters of Credit; Final Map a -'1 RECOMMENDATION : 1 ) Adopt resolution approving ( a) Subdivision contract and letters of credit; b) Final map; c) Directing the recording of final map 2) Adopt resolution authorizing County Surveyor of Alameda County to accept deposit in lieu of park dedication for Tract 4950 FINANCIAL STATEMENT: Cost for signalization and road widening will be borne by developers. DESCRIPTION : The final map for Tract 4950, a 79 unit subdivision being developed by Olympic Savings and Loan, has been reviewed by the City Engineer and found in conformance with the approved Tentative Tract Map. This tract represents the first phase (79 units) of a 309 unit project. As part of the tentative map approval , the subdivision has been required to dedicate 40 feet of right-of-way to the City, in order to give the City total control over that portion of Amador Valley Blvd. abutting this tract. The City presently only has a public easement for a public street. The developer has also been required to give the City letters of credit for the purpose of widening Amador Valley Blvd. and the signalization of Stagecoach Road and Amador Valley Blvd. These letters of credit will expire in 5 years. Staff has reviewed the letters of credit and believes they are adequate instruments to assure that the work is accomplished. The developer has also been required to deposit a fee in lieu of park dedication. These funds will be used for capital improvements at the Dublin Sports Grounds. The City Council is required to approve the final map, if the map meets the conditions of the Tentative Tract Map and the subdivision map act and local subdivision requirements. It is Staff's recommendation that the City Council take the following actions: 1 ) Adopt a resolution approving the final map, subdivision contract, accepting the letters of credit and direct the recording of the final map. 2) Adopt a resolution authorizing the County Surveyor to accept a deposit in lieu of park dedication for Tract 4950. !� Copies To: ITEM NO. F' 0 r Qo``a,on • COUNTY OF ALAMEDA - - � PUBLIC WORKS AGENCY 399 Elmhurst Street • Hayward. CA 94544-134t5 (415) 881-6470 9esource September 10, 1982 Tract 4950 Mr. Richard C. Ambrose City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Mr. Ambrose: Enclosed are the original , cloth print and paper print of the Final Tract Map for Tract 4950. The map has been signed by Mr. H. A. Flertzheim, Jr., as your City Engineer, and is ready for presentation to the City Council . Four copies of the contract and bonds are enclosed for execution by the Mayor and City Clerk. In addition, you will find draft copies of two Resolutions. One Resolution authorizes and directs the Mayor and City Clerk to execute the contract on behalf of the City in addition to authorizing and directing the City Clerk to complete the City Clerk' s certificate on the Final Map for Tract 4950 and to forward the Final Map along with the accompanying tax bond data to SAFECO Title Insurance Company for presentation to the Clerk of the Board of Supervisors for certification. The second Resolution authorizes the County Surveyor to accept a deposit of $85,780.00 for the in-lieu park dedication fee. The County currently has a check in that amount made payable to the Dublin San Ramon Services District. The check will be forwarded to the District when the Tract Map 4950 is recorded. After the Final Map has been signed by you, as City Clerk, please give the original , the cloth and paper prints to the title company to be forwarded to the Clerk of the Board of Supervisors of the County of Alameda for tax certifi- cation. After the contract is fully executed, please return 3 copies, all bearing original signatures, to me for processing. One copy will be forwarded to the Developer, one copy to our field inspection crews and the other copy will be retained in the office files which will be forwarded to the City upon completion of the contract. Enclosed you will find copies of 2 Letters of Credit from Olympic Savings and Loan Association. The first letter in the amount of $50,000.00 is for participation in the signalization of the intersection of Stagecoach Road and Amador Valley Boulevard as required in Condition No. 4 of the approved Tentative Map. The second Letter of Credit in the amount of $11,850.00 is for participation in the widening of Amador Valley Boulevard as required in Condition No. 6 (f) of the approved Tentative Map. This amount was determined based on a fee of $150.00 for each of the 79 units. 0 Mr. Richard C. Ambrose September 10, 10982 Page 2 Both Letters of Credit are conditioned to expire 5 years after the improvements for Tract 4950 are accepted by the City Council . The originals of the Letters of Credit are being kept in the County safe and will be forwarded to you upon request. If you have any questions, please contact me at 881-6476 at your convenience. I will plan on attending the City Council meeting of September 13, 1982 to answer any questions which may arise concerning Tract 4950. Very truly yours, RONALD F. SORENSEN CHIEF, ROAD DEPARTMENT By RAYMOND F. BURNHAM SUPERVISING CIVIL ENGINEER OPERATIONS, PLANNING & PROGRAMS RFB:j p Enc. DubWD1B2 1 ..,------ tic,-----.?-: OLYMPIC SAGS AND LOAN ASSOCIATION 926 TARAVAL STREET,SAN FRANCISCO,CA 94116 (415)661.1800 • • Tract 4950 • August 25, 1982 H. A. Flertzheim, Jr. County Surveyor of Alameda County Acting City Engineer of the City of Dublin 399 Elmhurst Street Hayward, Ca 94544 RE: Letter of Credit/Contributions for Improvements to Amador Valley Blvd. For the account of Olympic Savings and Loan Association, we hereby authorize you to draw on us up to an aggregate amount of ELEVEN THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($11, 850. 00) available by your draft at sight accompanied by your signed statement certifying that Olympic Savings and Loan Association has defaulted or has not performed in accordance with Condition No. 6 (f) , of the General Provisions of Approval for the Tentative Map - Tract 4950. , concerning contributions for improvements to Amador Valley Blvd. , Dublin, CA. Draft must be drawn and negotiated not later than five years after the acceptance of the Tract improvements. If not so drawn and negotiated on or before said date, this letter shall terminate automatically and be of not further force and effect. Vary frilly yours.• . �II.l./lflll./1.1.�./l,/l./.1.r./.rJllll✓1,/l 1.ll ll./l.�l./l././I.lrl.Ylll./l!!I,/l ✓J1 State of C a l i f o r n i a On this the 25t tbay of August S 19_,before me, SS. County of San Francisco Judy - 1'1 Lewis • the undersigned Notary Public,personally appeared o 6 S W.E. Griscom ����''"1 ` personally known to me O e OFFICIAL SEAL ■- JUDY M. LEWIS 0 proved to me on the basis of satisfactory evidence o „,. ROMP PUBLIC—CALIWORNIA r to be the person(s)who executed the within instrument as SAN FRANCISCO COUNTY r Chief Ex ecu t iv e Off is er or on behalf of the corporation therein My Commission Expires Oct.10.19!5 ' V . . ..mot • ,��.�� ', named,and acknowledged to me that the corporation executed it. S ti WITNESS my hand and official seal. ,■ ' N 1 Notary's Siiture ' S i Mill!!!!./l!l!!l..111✓!/'1.rlll./!✓/1.1!!/llll,/llJ r�!!l✓llll/!/l!/r!l!!✓l,r/l---. I!✓• . CC ""!✓'ill✓r, CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland Hills.CA 91364 / ® OLYFPIC SAVGS AND LOAN ASSOCIATION — 926 TARAVAL STREET,SAN FRANCISCO,CA 94116 (415)661.1800 Tract 4950 August 25, 1982 H. E. Flertzheim, Jr. County Surveyor of Alameda County Acting City Engineer of the City of Dublin 399 Elmhurst Street Hayward, CA 94544 _ RE: Letter of Credit/Signalization of Stagecoach Road/ Amador Valley Blvd. For the account of Olympic Savings and Loan Association, we hereby authorize you to draw on us up to an aggregate amount of FIFTY THOUSAND DOLLARS ($50,000.00), available by your draft at sight accompanied by your signed statement certifying the Olympic Savings and Loan Association has defaulted or has not performed in accordance with Condition No. 4, Resolution No. 81-42 dated October 22, 1981, concerning contributions for signalization of the intersection at Stagecoach Road Amador Valley Blvd. , and is subject to adjustment when signal is installed. Draft must be drawn and negotiated not later than five years after the acceptance of the Tract improvements. If not so drawn and negotiated on or before said date, this letter shall terminate automatically and be of no further force and effect. Very truly yours, ' ras;ne',;,r Sa-vi cys .anA Loan Association ff I �1.11.!!!!�.�!!./111 It l✓!!././✓'!J-/l lt../-/-/-/II.r1<It./lfl././!!•/1. -/.�!!!.l✓lll./J!./Yl.�.lJ././.1./It.IJ..�1111./lr✓.�•/.l -../�1 State of California On this the 25tlbayof August t4182 before me, % SS. County of San Francisco Judy M. Lewis , S the undersigned Notary Public,personally appeared W.E. Griscom \ k, "%%#\N.��`„�� vw..„*� IN personally known to me ti OFFICIAL. s E A : 0 proved to me on the basis of satisfactory evidence rJUDY M. LEWIS , to be the person(s)who executed the within instrument as \ NOTARY PUBLIC-CALIFORNIA , Chief Executive Officer ti '. °`4% SAN FRANCISCO CCUNTY ; or on behalf of the corporation therein S , My Commission Expires Oct.10.1985 ; named,and acknowledged to me that the corporation executed it. `k 1A�11d \11V\'%%� ■�% ' w VM4• WITNESS my hand and official seal. l gtA 4_4_, --79i, ceati4 Notary;-ignat = ii 1 !!./Y!!!!!!!✓!./.!./!!lrlJlf./!!!l 11 r!ll.,✓!!!!!!.r!!!!./!!!./!!!!!!./!!!!!!J!!llrJl!!/'!!.!✓' 0 - fa �3 s.P.R.R. . f n ) . I A/D/'60 Ob'�' 11 i* p J J J� DEEDS A i I iAS.o i t` 82 I s A t ` 0 ' z t • I la tat N\1 'k a •l •n � • AI.V•30 CS'M• 177.1' _ _.��-�MQ Z' ; 1°- 'll C x:00' - o 33 I- ) v y 5oc'AtC ® I u O 4 Q ^ /Q.cwrv�w.r ©j -- ® " (� * o $ Ian t rwt 1,1 �. 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" >Z-a '0 O r v ;m mm "-In� z< 00D > 1' O Z c Z C V z Z y ^ '� Z Z Z Z :. 2 0 azn:+r >Z L, >z A '... monm > -.a ; c:i-c c0 A /� mD'T > a> - !:_• r: z-, (D L/ P�•v� 2 m2 O 1 ,- 9> 2 > mmm li > >> • O0• zrn16 ry A O> I- %1 > >O N”' ^) >Om y> O 1. 1 tri 0 n -' ; ; m Cl) Z rir•I m m �aa�- om y00�N = N Z z '• m m . • i.... 6 4:) RESOLUTION NO. RESOLUTION APPROVING CONTRACT, FINAL MAP AND DIRECTING THE RECORDING OF FINAL MAP FOR TRACT 4950 WHEREAS, the Final Map of Tract No. 4950 in the incorporated territory of the City of Dublin, Township of Pleasanton, 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 Ordinance Code of the County of Alameda as adopted by the City Council of the City of Dublin; and WHEREAS, the Developer, Olympic Savings & Loan Association, has executed and filed with this City Council a contract to improve Tract 4950 in accordance with the Final Map of said Tract No. 4950, the Tract Improvement Plans and the Specifications attached thereto; and WHEREAS, said contract is secured by a Letter of Credit in the amount of Four Hundred Ninety Thousand Dollars ($490,000.00) which, by its terms, is made to inure to the City of Dublin, conditioned upon the performance of said contract; and WHEREAS, said contract is secured by a Letter of Credit in the amount of Two Hundred Forty-Five Thousand Dollars ($245,000.00) which, by its terms, is made to inure to the benefit of laborers and materialmen upon such work and improvements, conditioned upon the payment of such laborers and materialmen for labor performed or material furnished under the terms of said contract; NOW, THEREFORE, BE IT RESOLVED that said contract and Letters of Credit be and they are hereby approved, and the execute said contract ixk the c f of Dublin be and they are hereby authorized an on behalf of the City of Dublin; and BE IT FURTHER RESOLVED that the Final Map of Tract No. 4950 be and it is hereby approved; and that Amador Valley Boulevard, as shown on said map and as offered in fee simple in the Offer of Dedication, be and it is hereby accepted subject to improvement in accordance with the approved plans and specifications; and the "W.L.E." or "Water Line Easement," (Parcel A) , as shown on said map and as offered in the Offer of Dedication be and it is hereby accepted; and that those strips of land designated as Stagecoach Drive (a private street), De Frager Lane (a private street) , Horton Lane (a private street) , "P.A.E." or "Public Access Easement, "P.U.E." or "Public Utility Easement," "S.D.E." or "Storm Drain Easement," and "S.S.E." "Sanitary Sewer Easement," and "W.L.E.-8", or "Water Line Easement," as offered for dedication to public use, be and they are hereby rejected; and that the City Clerk of the City of Dublin, be and he is hereby authorized and directed to complete the City Clerk' s certificate and to transmit said map to SAFECO Title Insurance Company for the Board of the County of Alameda for tax certification PASSED, APPROVED AND ADOPTED this day of , 1982, by the following vote: AYES: NOES: ABSENT: Peter W. Snyder, Mayor ATTEST: Richard C. Ambrose, City Clerk DubWD1A5 0 RESOLUTION NO. RESOLUTION DEPOSIT AUTHORIZE LIEUTHE OFCOUNTY PARK DEDICATION FOR TTRACTCOUNTY 4950 TO ACCEPT TO DE WHEREAS, pursuant to Section 8-7.1 of the Subdivision Ordinance of Alameda of c each County, as adopted by the Council residential divider of land classified by use shall , as a condition to the approval of a final subdivision map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes; and WHEREAS, in its action on the tentative map of the subject tract, the Planning Commission of the County of Alameda Odid determine nt infaccirdance of with Section 8-7.1 of the aforesaid Subdivisio Ordinance fee to land dedication for park and itiebe period be used for the development of park and ecreational fac of five years from the date of adoption of this resolution to serve the residents of the subject tract; and WHEREAS, the County Surveyor of the County remittance Alameda aas at acting pCCity ribed Engineer for the City of Dublin is in receipt of in accordance with Section 8-7.6 of said Subdivision Ordinance, furnished by the tract developer and identi et as Tract: 4950 Subdivider: Olympic Savings & Loan Association Amount: $85,780.00 Tentative planned use: Dublin Sports Grounds, located in the City of Dublin, and operated by Dublin San Ramon Services District. NOW, THEREFORE, BE IT RESOLVED, that the aforesaid remittance is hereby accepted as performance of said subdiv and subdivider' s obligation under Section 8-7.1, et seq. of the aforesaid Subdivision Or d BE IT FURTHER RESOLVED, that the County Surveyor of the County of Alameda is hereby authorized and directed to convey said remittance hecafor saidCiamed park district,upon approval of the final map for the aforesaid Council of the City of Dublin. PASSED, APPROVED AND ADOPTED this day of , 1982, by the following vote: AYES: NOES: ABSENT: Peter W. Snyder, Mayor ATTEST: • Richard C. Ambrose, City Clerk DubWD1A4 CONTRACT • THIS AGREEMENT, made and entered into this 2c istday of 1982, by and between the City of Dublin, acting by and through its City Council who are duly authorized, hereinafter designated as the First Party, and Olympic Savings and Loan Association, A California Corporation, 926 Taraval Street, San Francisco, CA 94116 hereinafter designated as the Second Party, WITNESSETH: That whereas, it has been determined by the City Council of the City of Dublin, County of Alameda, State of California, that the Second Party, as a subdivider, be required to dedicate and improve Tract 4950, City of Dublin, Alameda County, in accordance with the Subdivision Map Act of the State of California and the Subdivision Ordinance of Alameda County, and in accordance with plans and specifications therefor accepted by the City Engineer, and duly approved by said City Council , now on file in the office of the City Clerk of said City of Dublin and the City Engineer, and which said plans and specifications are hereby referred to as a more definite and distinct description of the work to be performed under this contract, and which are made a part of this contract the same as though fully set forth herein; NOW, THEREFORE, in consideration of the premises and the further consideration of the acceptance of the offers of dedication by the City, the Second Party agrees to complete the work within the time hereinafter specified, which consideration is hereby deemed and declared to be in full for the performance of all acts and things to be done and performed by the Second Party. The Second Party, for himself, his heirs, executors, administrators, successors or assigns, hereby promises, covenants and agrees with the First Party that the Second Party will honestly and faithfully do and perform the work herein referred to and will furnish all the labor and mate- rial necessary therefor in strict accordance with the said plans and specifications and in strict accordance with the terms of this contract, and upon the completion of said work as provided for by the terms of this contract that the Second Party will deliver the work or building or structure to the First Party or its authorized agents. And the First Party, for and in consideration of the performance of all the acts and things to be done and performed by the Second Party as herein provided, • accepts the offers of dedication and the same are hereby expressly referred to and made a part of this contract. IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREED by and between the parties hereto as follows: 1. That the work provided for by this contract shall be actually commenced by the Second Party within 30 days from and after the execution of the same and shall be completed within 365 days from and after the execution of this contract, time being of the essence hereof. 2. That the First Party, or its regularly appointed agent or superintendent, shall , at all times during the progress of said have free access e tthere o,aand shall be allowed to examine the same, and all the if the same or any part thereof shall not be in strict accordance with said plans and specifications herein referred to, it shall refuse to accept and shall reject said defective work and material . The whole of the work is to be done to the satisfaction and approval of the First Party, and its agents authorized to superintend the same, in strict accord- ance with the plans and specifications hereinabove referred to. ii 1 3. That the Second Party will secure the services of those skilled in the trade or calling necessary to perform the work agreed to and done under this contract, and that the First Party, not being skilled in such matters, relies upon the skill of the Second Party to have performed the work and labor necessary in the most skillful and durable manner, and the Second Party guarantees the same and agrees to maintain the work for a period of one year following the completion and acceptance thereof against any defective workand labor of materials releasefto performance of this contract, p said Second Party or his bondsmen from said guarantee. 4. That- the Second Party further agrees that if the work to be done under this contract shall be abandoned, or if this contract shall be assigned by the Second Party, or if at any time the agent authorized to superintend the work shall be of the opinion and shall so certify in writing to the First Party that the said work or any part thereof is unnecessarily or unreasonably delayed, or that the Second Party is willfully violating any of the conditions or covenants of this contract, or is executing this contract in bad faith, the First Party shall have the power to notify ' the Second Party to discontinue all work or any part thereof under this contract, and thereupon the Second Party shall cease to continue the work or such part thereof as the First Party may designate, and the First Party shall thereupon have the power to obtain by contract, purchase, rental or otherwise, the labor, equipment, and materials, it may deem necessary to complete the work, and to use such materials as may be found upon the line of said work. The Second Party and his sureties shall be liable for all expenses incurred by the First Party for the acquisition and use of such labor, equipment, and materials. 5. That upon notice of the completion of said work, the First Party, or its agents, shall proceed without delay to examine the same and if found to be in accordance with the aforesaid plans and specifications and this contract, shall accept the work and shall notify the Second Party thereto, or his agents, of such acceptance. 6. That the Second Party shall furnish and deliver to the First Party, upon the execution of this contract, a good and sufficient letter of credit, issued by a financial institution of the State of California in the amount of FOUR HUNDRED NINETY THOUSAND AND NO/100 DOLLARS ($490,000.00) by its terms made to inure to the City of Dublin, approved by the City Council of the First Party, conditioned for the faithful performance of this contract by the Second Party, according to the terms and provisions herein. 7. That the Second Party shall furnish and deliver to First Party upon the execution of this contract, a good and sufficient letter of credit, issued by a financial institution of the State of California in the amount of TWO HUNDRED FORTY FIVE THOUSAND AND NO/100 DOLLARS ($245,000.00) by its terms made to inure to the benefit of laborers and materialmen upon such work and improvements, approved by the City Council the First Party, conditioned upon the payment of such laborers and materialmen for labor•or material performed or rendered under the terms and provisions herein, in accordance with any law of the State of California requiring the same and with Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. 8. That the Second Party agrees that at all times prior to the final accept- ance of the work by the First Party, the use of any or all streets and improvements hereinabove described shall be at the sole and exclusive risk of the Second Party. The issuance of any building or occupancy permit by the First Party 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. The Second Party agrees, and will hold harmless the First Party therefor, that the Building Official of the First Party may withhold the issuance of building or occupancy permits when the work or its progress may substantially and detrimentally affect public health and safety. 2 `�s 9. That the Second Party, its prime contractor, and all subcontractors per- forming the work or any portion thereof: (a) shall pay all workmen employed by them on said work a salary or wage at least equal to the prevailingosalarpoortiawage for the same quality of service rendered to private persons, rms under similar employment, which salary or wage shall not be less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holidays and overtime work, and which salary or wage shall be not less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the Department of Industrial Relations, State of California, and which is now on file with the Public Works Department and by reference incorporated herein, and made a part hereof; (b) agree and understand that eight hours labor shall constitute a day's work for any one calendar day on said work, and that no workman employed by them on the work or any part thereof shall be required or permitted to work thereupon more than eight hours in any one calendar day, and forty hours in any one calendar week unless such work- man is compensated for all hours worked in excess eight(1-1/2)o per s raforty hours per week at a rate not less than one and one-half rate of pay; (c) shall keep an accurate record showing the names and actual hours worked of all workers employed by him on the said work, which or its ha record shall be open at all reasonable hours to the inspection of the and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents. 10. That the Second Party shall forfeit to the First Party as a penalty the sum of twenty-five dollars ($25.00): (a) for each workman on said work who is required or permitted to labor more than eight hours in any one calendar day or forty hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California; and (b) for each workman on said work employed for ecalndarkday,e rnportions thereof, who is paid less than the said stipulated rates for contract in violation of the provisions of Article 2 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. 11. That the Second Party shall , at its own expense before commencing work under this contract, take out and at all times during the prosecution of the work hereunder and until final completion and acceptance thereof, maintain in full force and effect compensation insurance with an insurance carrier satisfactory to the City Engineer, covering the full liability of the Second Party to any and all persons employed by the Second Party, directly or indirectly in or upon said work, or their dependents in accordance with the provisions aofnDDivision thereof off the If Labor Code of the State of California, and any Act or Acts the Second Party shall fail to take out and imaintain said insurance Fasstereinabove provided, the same may be taken out, maintained, or renewed Party at the cost and expense and in the named the aSecond ay , and the Second Party and his sureties shall be liable for said cost and expense. 12. That the Second Party shall carry insurance at its sole cost and expense from the date of this contract to the date of acceptance of said tract by the First Party insuring the First Party and its officers, employees, and agents against loss or liability which may result from the performance of the work or any other obliga- y tion to be performed under this contract, including all costs of defending any claim arising as a result thereof, in the minimum amounts of Five Hundred Thousand Dollars ($500,000.00) for the death or injury to any one person in any one incident or accident, One Million Dollars ($1,000,000.00) for the death or injury to more than one person in any one incident or accident, and One Hundred Thousand Dollars ($100,000.00) for damage to property in any one incident or accident. Prior to commencement of any work or other obligation pursuant to this contract, the Second Party shall furnish proof of carriage of such insurance by delivering to the First Party an insurance policy or policies, or copies of same or certificates attesting thereto, written by an insurer satisfactory to the City Engineer. Such insurance shall state by its terms or endorsement upon the policy or policies that: (1) it shall not be ca,icelled except on ten (10) days' prior notice in writing to the First Party; (2) it shall name the First Party and its officers and employees as additional insureds; and (3) it shall state that such coverage is primary to any other coverage of the First Party. 3 • 0 13. That the Second Party shall be held 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 contract, and for which the First Party might be held liable. The Second Party shall protect and indemnify the City of Dublin, the City Council , the City Engineer, and/or any officer, agent or employee of the First Party, 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 contract. That the Second Party shall be fully responsible for accidents to the public and/or damage to public and private property on and off the site of the work. That the Second Party shall provide and maintain such guards, fences, barriers, signs, red lights, watchmen and other safety devices adjacent to and on the site as may be necessary to prevent accidents to the public and damage to property. The Second Party shall furnish, place and maintain such lights as may be necessary for illuminating the said signs and fences. That at the end of the work all signs, lights, barriers, etc., except such - permanent barriers as may be shown on the plans and included in the items of work, shall be removed from the site of the work by the Second Party and the entire site left clean and orderly. 14. That neither the First Party nor any of its officers, employees, or agents shall be liable to the second Party or its contractors or subcontractors or agents for any error or omission arising out of or in connection with any work or other obligation to be performed under this contract. Additionally, if any design defect in the work of improvements, which may substantially affect public health or safety, or unduly increases ongoing maintenance costs, manifests itself during the course of construction or within one year after acceptance of the improvements, the Second Party shall correct the defect at its own cost and expense, and its bondsmen guaran- tees the same, upon order of the City Engineer. 15. That if any material , composition, process, or any other thing as called for or required by the plans and specifications heretofore adopted by the First Party is covered by letters patent, all royalties and expenses therefor, all litigation therefrom, or other things whatsoever which may thing such material , composition, process or any 9 which is covered by letters patent, shall be borne by the Second Party. 16. That any alteration or alterations made in the plans and specifications which are a part of this contract or any provision of this contract 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. 17. That price and quality being equal , preference shall be given by the Second Party and his contractors to Alameda County products. 18. That in the event suit is brought upon this contract by the First Party and judgment is recovered by the First Party, the Second Party shall be liable to the First Party for court costs and for reasonable attorney' s fees. 19. This contract shall not be assigned by the Second Party without the written consent of the First Party. 20. That any action commenced in connection with any alleged violation of this contract shall be deemed to be an action upon a contract, obligation or liability founded upon an instrument in writing, for the purpose of determining the period within which an action must be commenced. Any action hereon shall be filed in a court of competent jurisdiction within Alameda County, as the proper place of venue, and the laws of the State of California shall govern the obligations of the parties hereto. 4 21. That the Second Party or his contractors will not discriminate in the employment of persons under this contract because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, 'marital status, or sex of such persons, except as provided in Section 1420 of the Labor Code. Any violation of the provisions of Section 1735 of the Labor Code by the Second Party will subject him to all the penalties provided by said Section 1735. IN WITNESS WHEREOF, the First Party has hereunto caused its corporate name to be signed and its corporate seal to be affixed by the City Clerk of the City of Dublin, County of Alameda, State of California, who is thereunto duly-authorized, and the Second Party has executed this contract the day and year first above written. OLYMPIC SAYINGS AND LOAN ASSOCIATION A CALIFORNIA CeRPORATION / By 4 f,. (All signatures must be notarized Bi1�' l--. - •d/ and properly acknowledged.) / CITY OF DUBLIN By Mayor of the City of Dublin By City Clerk of the City of Dublin `:1.1J-/I../.ll./.ll-/l./.l./-/././Yf-lJ�-/1./1J. ,--1../././. .,,-l✓./.111./-rl-/Y✓/-/f-!✓I-l./�Il./J.l-1.l✓-/./Il./.l✓l!-lll-/y./l!-/yl ./,/1 State of California On this the 25t�1ayof August 1912_,before me, SS. County of San Francisco Judy M. T.ew c _....,;a..�.,..�,.. ...��„,..,.."• • . the undersigned Notary Public,personally appeared • -":�' OFFICIAL SEAL . W. E. Griscom & Joyce M. Pean w JUDY M. LEWIS y tti p -•es NOTARY PUBLIC—CALIFORNIA , r 1- . '' SAN FRANCISCO COUNTY XX personally known to me My Commission Expires Oct.10,1985 , 0 proved to me on the basis of satisfactory evidence �' `w "��� `'��` ""'�'"`��{�� to be the person(s)who executed the within instrument as Chief \ - Executive Officer & Asst . Sec . or on behalf of the corporation therein named,and acknowledged to me that the corporation executed it. ti WITNESS my hand and official seal. � 77 1 l �/ ce, � r„.--).e.„, "� l 1 Notary's Signature" i tom../11111...�llllJlllll..r.../lll...�./l�III./l✓./.ll./l./llllll�Jlllll../111111./!!1Jlllllll✓.11llll.,.�Il./lll.,.�Il ll 1llJ CORPORATE ACKNOWLEDGMENT FORM 7120 052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland Hilts,CA 91364 5 Dub2A1 ( MVrinip iriam IRK GS ND LOAN ASSOCIATION "m, 926 TARAVAL STREET,SAN FRANCISCO,CA 94116 (415)661.1800 • Letter of Credit Tract 4950 August 25, 1982 H. A. Flertzheim, Jr. County Surveyor of Alameda County Acting City Engineer of the City of Dublin 399 Elmhurst Street Hayward, CA 94544 For the account of Olympic Savings and Loan Association, 926 Taraval Street, San Francisco, CA 94116, we hereby pledge that the aggregate sum of SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS ($735,000. 00) is on deposit and guaranteed for payment to secure the faithful performance of the agreement dated the 25th day of August, 1982, between the City of Dublin and Olympic Savings and Loan Association, and to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them pursuant to said agreement, in accordance with Sections 66499 et seq. of the Government Code of the State of California. We hereby authorize you to draw on us up to the sum of FOUR HUNDRED NINETY THOUSAND DOLLARS ($490,000.00) available by your draft at sight accompanied by your signed statement certifying that Olympic Savings and Loan Association has defaulted or has not faithfully performed under said agreement, including the installation of the improvements, or the correction of design defects and defective work and materials as provided in paragraphs 3 and 14 of said agreement for a period of one year after acceptance of the improvements by the City Council of the City of Dublin. We hereby acknowledge that any course of action to recover the amount due laborers and materialmen shall be against Olympic Savings and Loan Association up to the sum of TWO HUNDRED FORTY-FIVE THOUSAND DOLLARS ($245, 000. 00) in accordance with Section 66499.10 of the Government Code of the State of California. *M/ au MEMOIR • • • August 25, 1 H. A. Flertz , Jr. _ • Page 2 Draft must be drawn and negotiated not later than fourteen months subsequent to the date of acceptance by the City of Dublin of the improvements of Tract No. 4950. If not so drawn and negotiated on or before said date, this letter shall terminate automatically and be of no further force and effect. However, the City Engineer may partially release the security when in his judgment sufficient security continues to cover the remainder of the work and the guarantee period. Very truly yours, Olympic Savings and Loan Association B I/ 4,i" - W. E. Griscom Chief Executive Officer il (%✓l./Il✓•/1.1.lfl1.1.111J!�✓l././,/,./Ill./l./_/f_/./.l_if./'!1.1../IIIJl_/f,/.././,/-./l,/././ ./l✓�Jl./✓.l./!l./l!l✓.lfl././llt././✓' ./Jy` State of California 25t Aug st 82 On this the Jay of g 19 ,before me, ti ss. ti County of San Francisco Judy M. Lewis the undersigned Notary Public,personally appeared 6 W. E. Griscom %%%%%,....,.............^..0."."%. * .,,...v 0 24 personally known to me S O F F I C I A L S E A L x 0 proved to me on the basis of satisfactory evidence 6 JUDY M. LEWIS to be the person(s) 6 F ; i ;I NOTARY PUBLIC—CALIFORNIA P (s)who executed the within instrument as ) - IX ;i, SAN FRANCISCO COUNTY • Chief Ex ccu t iv c. Officer or on behalf of the corporation therein 0 , My Commission Expires Oct.10,1995 i named,and acknowledged to me that the corporation executed it. S ..1.: .....vv......o... :.++..Ay>-.•.:- ter, WITNESS my hand and official seal 41 , 1 . I' Not is Sign/ 'ure 6 i V,/1.1.11,/11,r✓,.•,/ll./!././l✓✓✓,/llfl!!J✓!JYlfll./1.�./.'�llrJI./l!✓✓.11ll,.l..Milli./•/Il!„/llll✓I!././lll..Il----,-../.....—.....-.). CORPORATE ACKNOWLEDGMENT FORM 7120 052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland Hills,CA 91364