HomeMy WebLinkAboutItem 4.06 WaterfordPlPM7589agmt CTTY CLERK
File # I II.r; I
AGENDA STATEMENT
CTTY COUNCTL F4EETZNG DATE: December 3, 2002
SUBJECT: Amendment to Improvement Agreement, Parcel Map 7589
(Waterford Place/The Shops at Waterford by Shea Homes Limited
Partnership) to Extend Completion Date
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS: 1) Resolution Amending the Improvement Agreement for
Parcel Map 7589, together with Exhibit "A" of Resolution
2) Original Improvement Agreement with Shea Homes for
Parcel Map 7589 improvements
3) Location Map
RECOMMENDATION:~.7 . _,,~,~Adopt Resolution extending the completion date of the
/x~r~ Improvement Agreement for Parcel Map 7589 one additional
' '-' year, or until December 4, 2003
FINANCIAL STATEMENT: Shea Homes Limited Parmership has provided a Performance Bond
and a Labor and Materials Bond to guarantee construction of public
right-of-way improvements, including traffic signals on Tassajara
Road, Glynnis Rose Drive, Central Parkway, Dublin Boulevard, and
required site improvements, and will pay the cost of the associated
construction inspection. Once improvements have been constructed
and accepted, the maintenance of the frontage landscaping on
Tassajara Road, Central Parkway, and Dublin Boulevard will be
funded by the Santa Rita Area Landscape Maintenance Assessment
District 97-1, and maintenance of other right-of-way improvements
will be funded by the City's General Fund.
DESCRIPTION: On December 4, 2001, the City Council authorized the Mayor
to execute 'an Improvement Agreement with Shea Homes Limited Partnership for public right-of-way
and site improvements associated with Parcel Map 7589, a retail, commercial and apartment complex
subdivision located between Central Parkway and Dublin Boulevard, west of Tassajara Road. The
Agreement allowed the developer 365 calendar days to complete the improvements.
Although the improvements are nearing completion in accordance with the approved plans and
specifications, certain improvements will not be finished prior to the expiration date of the Agreement
on December 4, 2003. The public street improvements have been installed subject to some minor damage
COPIES TO: Robert M. Burke, Shea Homes
ITEM NO.
G:~DEVELOP\Waterford Place~agst amend tr dev agmt Tr 7589.doc
repair; however, there is still some work to be done on the Tassajara Road/Central Parkway signal
equipment, and the traffic signal at Central Parkway and Glynnis Rose Drive is just now being installed.
The City Engineer has determined that it is in the best interest of the City to extend the Agreement. The
improvements will continue to be guaranteed by the original Performance Bond and Labor and Materials
Bond, and the Developer's insurance will remain in effect as required by the original Agreement.
Staff therefore recommends that the City Council adopt the Resolution extending the Agreement by one
year, or until December 4, 2003.
Page 2 ~"'
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE
IMPROVEMENT AGREEMENT FOR PARCEL MAP 7589
(WATERFORD PLACE/THE SHOPS AT WATERFORD
BY SHEA HOMES LIMITED PARTNERSHIP)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Shea Homes Limited
Partnership (hereinafter referred to as "DEVELOPER"), entered into an Improvement Agreement
(hereinafter referred to as "AGREEMENT") on December 4, 2001; and
WHEREAS, Section 1 of said AGREEMENT states that DEVELOPER shall complete all
improvements governed by the AGREEMENT not later than 365 days following the date of execution;
and
WHEREAS, since the improvements will not be complete within the timeframe anticipated in
the original AGREEMENT, it is in the best interest of the CITY to extend the completion date of the
AGREEMENT by one year, or until December 4, 2003; and
WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set
forth in the AGREEMENT, and all terms and conditions which are not specifically modified by this
Amendment shall remain in full force and effect;
NOW, THEREFORE, BE IT RESOLVED that the Amendment (Exhibit "A" of this
Resolution) to the Improvement Agreement for Parcel Map 7589 is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 3rd day of December, 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
GSDEVELOP\Waterford Place~reso amend tr dev agmt Tr 7589.doc L
EXHIBIT "A" OF
RESOLUTION NO. -02
A RESOLUTION OF THE CITY COUNCIL
OF THI~ CITY OF DUBLIN
AMENDMENT TO IMPROVEMENT AGREEMENT
FOR PARCEL MAP 7589 (W. dTERFORD PLACE/THE SHOPS AT W.4TERFORD)
BETWEEN ~CITY OF DUBLIN AND SHEA HOMES LIMITED PARTNERSHIP
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Shea Homes Limited
Partnership (hereinafter referred to as "DEVELOPER"), entered into an Improvement Agreement (hereinafter
referred to as AGREEMENT) on December 4, 2001; and
WHEREAS, Section '1 of said AGREEMENT states that the DEVELOPER shall complete all
improvements governed by the AGREEMENT not later than 365 days following the date of the execution; and
WHEREAS, the DEVELOPER has agreed to amend the AGREEMENT to extend the completion
date by one year or tmtil December 4, 2003; and
WHEREAS, it is in thc best interest 0£ the CITY to extend the completion date of the
AGREEMENT; and
WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set £orth
in thc AGREEMENT, and all terms and conditions which arc not specifically modified by this Amendment shall
remain in full force and effect; and
NOW, TI:I-F, REFORE, the parties hereto agree as follows:
Completion time for the improvement work governed by the AGREEMENT is hereby extended
one year or until December 4, 2003.
CITY OF DUBLIN
ATTEST: Mayor
Shea Homes Limited Parmership,
City Clerk a California limited partnership
By: J. F. Shea Co. Inc.,
A Nevada Corporation, its general partner
Its: Assistant Secretary
By:
Its: Assistant Secretary
Date:
G:\DEVELOP\Waterford PlacekEx 'A' reso amend tr der agmt Tr 7589.doc
cITY OF. DUBLIN
,IMPROVEMENT AGREEMENT
This agreement is made and entered into .this Z/~day of ~~J. , 2001, byand
between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Shed Homes Limited Partnership, a California Limited Partnership,. hereinafter referred to as
"DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY Council of the .CITY of Dublin, State
of California, that DEVELOPER, the subdivider of Parcel 'Map No. 7589, desires to imprOve
and-dedicate those public improvements (hereafter "The ImprOvements")required by City of
,Dublin Planning Commission. ReSolution No. 00-34 adopted on 7111100 in accordance
with the 'requirements and conditions set forth in said resolution, the requirements of the
Subdivision Map Act of the State 'of California, the SubdivisiOn Ordinance of the CITY, and '
those certain plans and specifications for said development approved by CITY on 3/13;01
titled ,Street Improvement Plans Associated with Parcel Map 7589 for portions of
· Tassajara Road, Dublin Boulevard, Central Parkway, and Giynnis Rose Drive" by-Brian
Kangas Foulk, 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 Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of The Improvements 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 construction of The Improvements within thirty (30) days ·
following the :d'~te On. Wh.!~i~'"Ci~ ·eXeCuteS'this Agreemer~;{~ DEVELOPER' Shall complete
said work not later tha'n:i{l~'r~.~:: hU'ndi;~d":'~i~Y:fiVe (365) daYS'following Said.date-of eX~cutiop~!''~-
· Time is of the. essence in this Agreement: Upon completion, DEVELOPER shall furnish CiTY
with a complete and reproducible set of final as-built plans of The Improvements, including
any authorized modifications.
2. Estimated Cost of Improvements.
The estimated cost of constructing The ImprOvements required by this agreement as
adjusted for inflation is agreed to be $1,892,100.00 (on-site) + $771,900.00 (off-site) +
$330,000.00 (traffic signals) = $2,994,000.00 (total). Said amount includes costs and
reasonable expenses and fees which may be incurred in enforcing the obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the following security in a form satisfactory to the CITY Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100%) of the
eStimate set forth in Paragraph 2 and sufficient to assure CITY that The ImprOvements will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one-hundred per cent (100%) of the.
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment
shall be paid therefor.
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surface water drainage of the subdivision shall not
interfere with the use of neighboring property, including public streets and highways.
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform with the provisions of
Chapter 5 of the Subdivision Map Act.
4. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such
insurance shall have been approved by the Administrative Services Director of CITY, or his
designee, as to form, amount and carrier. Prior to the commencement of work under this
Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed
with the Administrative Services Director, all insurance required under this paragraph, and
such insurance shall have been approved by the Administrative Services Director of CITY, as
to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to
commence work on this contract or subcontract until all insurance required for DEVELOPER
and DEVELOPER's general contractor shall have been so obtained and approved. Said
insurance shall be maintained in full force and effect until the completion of work ul3der this
Agreement and the final acceptance thereof by CITY. All requirements herein provided shall
appear either in the body of the insurance policies or as endorsements and shall specifically
bind the insurance carder.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form
CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covedng
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less
than:
1) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and ;property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply, separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per aCCident for
bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; or the
DEVELOPER shall'procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activities performed by or on behalf of the DEVELOPER;
products and completed operations of the DEVELOPER;
premises owned, occupied or used by the DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
DEVELOPER. The coverage shall contain no special limitations
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials, employees
and volunteers. Any insurance or self-insurance maintained by
the CITY, its officers, officials, employees or volunteers shall be
excess of the DEVELOPER's insurance and shall not contribute
with it.
c) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
d) The DEVELOPER's insurance shall apply separately to each
· insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2)' Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers fOr losses adsing from
work performed by the DEVELOPER for the CITY.
3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VIi.
b) Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and
approved by the CITY before work commences. The CITY
reserves the dght to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its
policies or shall obtain separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELQPER's agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of ail defects of workmanship and materials for a pedod of one (1) year after initial
acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one-
year guarantee period'without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and
materials actually appear during the one-year guarantee period, and have been corrected,
the guarantee pedod shall automatically be extended' for an additional year to insure that
such defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall
have the right, but shall not be obligated, to repair or obtain the repair of the defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair.
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship
or material covered by the foregoing guarantee results in a condition which constitutes an
immediate hazard to the public health, safety, or welfare, CITY shall have the right to
immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY
on demand all costs and expense of such repair. The foregoing statement relating to
hazards to health and safety shall be deemed to include either temporary or permanent
repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses
for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30)
days from the date of billing for such work or repairs.
6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its Public Works
DirectodCity Engineer and his designated representative for the safe and convenient
inspection of the work throughout its construction. Said CITY representative shall have the
authority to reject all .materials and workmanship which are not in accordance with the plans
and specifications, and all such materials and or work shall be removed promptly by
DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict
accordance with the improvement plans and specifications.
7. Agreement Assignment.
This Agreement ·shall not be assigned by DEVELOPER without the written consent of
CITY.
8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part thereof, with such diligenc® as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if
· DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the
benefit of DEVELOPER's creditors, or if a receiver shOuld be appointed, or if DEVELOPER,
or any of DEVELOPER's contractors, subcontractors, agents or employees should violate
any of the provisions of this Agreement, the CITY through its Public Works Director may
serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of
breach of this Agreement, or of any portion, thereof, and default of DEVELOPER.
In 'the event of any such nOtice of breach of this Agreement, DEVELOPER's surety
shall have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY wdtten notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion,
by contract or by any other method CITY may deem advisable, for the account and at the
expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages
and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such
event, CITY, without liability for so doing, may take possession of, and utilize in completing
the work, such materials, appliances, plant and other property belonging to DEVELOPER as
may be on the site of the work and necessary therefor.
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CiTY shall be addressed as follows:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Shea Properties
2.,.5 ~0 5~.~ C~ 'DJ~.(address)
~,,~.~~.~ ~ ~ e[~550' (City, State, Zip)
Notices required to be given surety of DEVELOPER shall be addressed as follows:
~~. ~, 0.~ q~O~ (City, State. Zip)
Any .party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, DEVELOPER has executed and
has causedto be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY
may record .'said abstract in the Official Records of Alameda County.
9. 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.
10. 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.
11. Acceptance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as-built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated
representative, shall examine the tract work without delay, and, if found to be in accordance
with said plans and specifications and this Agreement, shall recommend acceptance of the
work to the City Council and, upon such acceptance,, shall notify DEVELOPER or'his
designated agents of such acceptance.
12. Patent and Copvri_qht 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
attomeys' fees and court costs, which may result from the use of said patented or copyrighted
material, process or publication.
13. 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.
14. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work will be performed in a proper manner.
DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and
each of its elective and appointive boards, commissions, officers agents and
employees, from and against any and all loss, claims, suits, liabilities, actions,
damages, or causes of action of every kind, nature and description, directly or
indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent' contractors in conneCtion with DEVELOPER'S actions and obligations
hereunder; provided as follows:
1) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold harmless
agreement, because of the acceptance by CITY, or the deposit with CITY by
DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered, or alleged
to have been suffered, by reason of any of the aforesaid operations referred to
in this paragraph, regardless of whether or not CiTY has prepared, supplied, or
approved of plans and/or specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
· . applicable to any of such damages or claims for damages.
3) Desi.qn Defect. If, in the opinion of the CITY, a design defect in the
work of improvement becomes apparent during the course of construction, or
within one (1) year following acceptance by the CITY of the improvements, and
said design defect, in the opinion of the CITY, may substantially impair the
~public health and safety, DEVELOPER shall, upon order by the CITY, correct
said design defect at his sole cost and expense, and the sureties under the
Faithful Performance and Labor and Materials Bonds shall be liable to the CITY
· for the corrective work required.
4) Liti.qation 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 enfome the terms of this Agreement,
and, in the event judgment is entered in said action, the prevailing party shall be
entitled to recover its attorneys' fees and court costs. If CITY is the prevailing
party, CITY shall also be entitled to recover its attorney's fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3.
15. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN DEVELOPER ..~.~c,, ht~5., L.~ 'i3,
By: ~ ..... By~~~ "~
/~, Mayor
A~EST: ~~ ~' ~"'"~~
~ Printed namo
Title
EHS:rja
May 4, 1999
J:\WPD\Mnrsw\114\001\1999~AG RE~TRACTDEV.504
STATE OF CALIFORNIA}
COUNTy OF ALAMEDA}ss.
On October 19, 2001 , before me, Patricia E. Krantz , personally appeared
Robert M. Burke , perSonally known to me (or proved to me on tho basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within insmunent and
aelmowledged to me that he/she/they executed the same in his/her/their authorized eapaeity(ies),
and that by his/her/their signa0are(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, exeCuted the inshx~ment.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the information below is not required by law, it may pr0v~,~-,~ae~-~ ~_
could prevent fraudulent removal and reattachment of this form to ~ao~ent. PATRIC~A fi. KRANTZ
J ~" ~,:'~ Commission # 1162446
· . . z< ~~ No.'aW PuC~ic - Col,fc~nio
Descrlptlou of Attached I)o¢llment z ~;~ Con'ro Costa Cognty
Title or Type of DocUment: ~t.--~,~,.,~.~?-.~.? .~-.,
Document Date: Number of Pages
Signer(s) O~her Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual Top of Thumb Here
__ Corporate Officer- Title(s):
Partner: Limited General
~ Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing
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