HomeMy WebLinkAboutItem 8.1 EneaPropPM8407
CITY CLERK
File # D~Ø]IZlJ-~[(l]
AGENDA STATEMENT
CITY COUNCil MEETING DATE: February 1, 2005
SUBJECT;
Approval of Parcel Map 8407 and Improvement Agreement for
Enea Properties Company, LLC
Report Prepured by: Me/issu Morton, Public Works Director
A TT ACHMENTS:
I)
Resolution approving Parcel Map 8407, together with
"Exhibit A", Improvement Agreement
Parcel Map 8407 (reduced copy)
2)
RECOMMENDATION~
FINANCIAL STATEMENT:
Adopt resolution approving Parecl Map 8407 and the Improvement
Agreement associated with the Enea Project.
Enea Properties Company, LLC has provided a Performance Bond
and a Labor and Materials Bond, each in the amount of $187,800, to
guarantee construction of improvements, and will pay the cost of
associated construction inspection. Once these improvements have
been constructed and accepted, the City will incur maintenance costs
for the street improvements.
DESCRIPTION: Enea Properties Company, LLC, is seeking City Council approval of
Parcel Map 8407 associated with the Enea Project located on the southeast comer of Amador Valley
Boulevard and YiIlage Parkway. Parcel Map 8407 will subdivide an existing 1.02 acre parcel into two
parcels; Parcel A (0.35 acres) will be a future office building, and Parcel B (0.67 acres) will be a future
commercial/retail center. Parcel Map 8407 includes an offer of dedication for Public Service Easement
(P.S.E.) and Emcrgcncy Yehicle Access Easement (E.YAE.).
An Improvement Agreement, guaranteed by a Performance Bond and Labor and a Materials Bond, has
been executed by Enea Properties Company, LLC, to assure that all required improvements are installed
to the City's satisfaction. The Parcel Map and Improvement Plans have been reviewed by Staff and found
to be in conformance with the Tentative Parcel Map and Conditions of Approval as approved by thc
Planning Commission via Rcsolution Nos. 04-40 and 04-41. Aspects of the plans and map were also
reviewed by the Dublin San Ramon Services District and Alameda County Fire Department for
conformance with each agency's requirements. Enea Properties Company, LLC, has submitted the
required inspection deposit and insurance certificates.
Staff recommends that the City Council adopt the Resolution approving Parcel Map 8407 and the
Improvement Agreement associated with the Enea Project.
________________________________.w_...~_________________w_____w
COPIES TO:
Robert Enea, Managing Partner
ITEM NO.--.&.J
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING PARCEL MAP 8407 AND IMPROVEMENT AGREEMENT
(ENEA PROPERTIES COMPANY, LLC)
WHEREAS, Parcel Map 8407, in the incorporated territory of the City of Dublin, State of
California, has bcen presented to this City Council for approval, all in accordance with the provisions of
the Subdivision Map Act of the State of Cali fomi a and the City of Dublin Municipal Code; and
WHEREAS, the City of Dublin Planning Commission adopted Resolution Nos. 04-41 and 04-40
on May 11, 2004, approving the Tentative Parccl Map and Site Development Review for Tract 8407,
subject to Conditions of Approval regarding required on-site/off-site improvements (P A 03-069); and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of$187,800 (Bond
No. 0396556) issued by International Fidelity Insurance Company, conditioned upon faithful performancc
of said Agreement; and
WHEREAS, said Improvement Agreement is secured by a bond in the amount of$187,800 (Bond
No. 0396557) issued by International Fidelity Insurance Company, conditioned upon payment for labor
performed or material furnished under the terms of said Agrcement'
NOW, THEREFORE, BE IT RESOLVED that said Agrcement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hcrcby authorized by the City Council to
execute the Improvement Agreement in duplicate, attached hercto as Exhibit "A".
BE IT FURTHER RESOLVED that the Final Parcel Map 8407 is hereby approved; and that
rights to easements marked as Public Service Easement (P.S.E.), and Emergency Vehicle Access
Easement (E.Y.A.E.) offered for dcdication to the public in conformity with the terms of dedication are
hereby accepted subject to improvement, and that the Clcrk of this City Council is hereby directed to
transmit said map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 1st day of February, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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CITY OF DUBLIN
IMPROVEMENT AGREEMENT
IMPROVEMENTS FOR PARCEL MAP 8407
(ENEA PROPERTIES COMPANY, LLC)
This agreement is made and entered into this 151 dav of February. 2005, by and between
the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Enea
Properties Company, LLC (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, as a subdivider, desires to improve and dedicate certain public
improvements (hereafter "The Improvements") shown on Parcel Map 8407, in accordance with
the requirements and conditions set forth within the City of Dublin Planning Commission
Resolution Nos. 04-40 and 04-41 (PA 03-069), adopted on May 11, 2004; 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 the Public
Works Director on January 18, 2005, as follows:
· "Imorovement Plans, Villaae Parkway Retail. Parcel Mao 8407, 7197 Vil/aae Parkway.
City of Dublin. Alameda County. California" (6 Sheets: 1-6), prepared by DeBolt Civil
Engineering (Sheets 1-4), and William Wood Architects (Sheets 5-6).
· "Landscape Improvement Plans Villaae Parkwav Retail. Parcel Map 8407.7197 Villaae
Parkway. Citv of Dublin. California" (6 Sheets: L 1-L6) prepared by Borrecco/Killan &
Associates, Inc.
Said plans are now on file in the office of the Public Works Director/City Engineer, and
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, CITY has determined that The Improvements are a public works project
subject to California prevailing wage requirements;
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 right-of-way and The Improvements in consideration for DEVELOPER's satisfactory
performance of Ihe terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
Section 1. Completion Time.
DEVELOPER will commence construction of The Improvements within ninety (90) days
following the date on which CITY executes this Agreement. DEVELOPER shall complete such
IMPROVEMENT AGREEMENT
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I mprovements no later than two years following execution of this agreement or not later than
February 1,2007. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as-built plans of The Improvements, including any authorized
modifications.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is
agreed to be One Hundred Eigthy-Seven Thousand Eight Hundred and 00/100 Dollars
($187,800.00). Said amounts include costs and reasonable expenses and fees which may be
incurred in enforcing the obligation secured.
Section 3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with
the following security in a fonn 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 percent
(100%) of the estimates 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, ot an instrument of credit equivalent to one hundred percent
(100%) of the estimates 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.
CITY shall be the sole indemnitee named on any instrument required by this Agreement.
Any instrument or deposit required herein shall confonn to the provisions of Chapter 5 of the
Subdivision Map Act.
Section 4. Insurance Reauired.
Concurrently with the execution hereof, DEYELOPER 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
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 Însuranoe 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 under this Agreement
and the final acceptance thereof by CITY. All requirements herein provided shall appear either
IMPROVEMENT AGREEMENT
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in the body of the insurance policies or as endorsements and shall specifically bind the
insurance carrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liabilitv 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.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor Code of
the State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liabilitv: $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.
(ii) Automobile Liabilitv: $1,000,000 combined single limit per accident
for bodily injury and property damage.
(iii) Workers' Compensation and Emplovers Liabilitv: 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.
c. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
(i) General Liabilitv and Automobile Liabilitv Coveraqes.
(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
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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 cO'v(erage 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. empioyees 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.
(ii) Workers' Compensation and Employers Liability Coveraqe. The
insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses
arising from work peliormed by the DEVELOPER for the CITY.
(Iii) All Coveraqes.
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) Acceptabilitvof Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII.
(b) Verification of Coveraqe. DEVELOPER shall furnish CITY
with certificates of insurance and with original endorsements
effecting coverage required by this clause. The certificates
and endorsements for each insuranoe policy are to be signed
by a person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be received
and approved by the CITY before work commences. The
CITY reserves the right to require complete, certified copies of
all required insurance policies, at any time.
(c) Subcontractors. DEVELOPER and/or DEVELOPER's
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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.
Section 5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies,
materials and devices of whatsoever nature incorporated in, or attached to the work, or
otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all
defects of workmanship and materials for a period of one (1) year after aoceptance of the entire
work by CITY. DEYELOPER 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 period shall automatically be
extended for the corrected items 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 or such longer time period as agreed to in writing by the
City Engineer, 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 DEYELOPER 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, twenty-five percent (25%) 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.
Section 6. Insoection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representatives 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 OWNER and replaced to the satisfaction of
IMPROVEMENT AGREEMENT
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CITY without any expense to CITY in strict accordance with the Improvements plans and
specifications.
Section 7. Aareement Assianment.
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld.
Section 8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its compietion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER
should be adjudged as bankrupt, or should make a general assignment for the benefit of
DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of
DEVELOPER's contractors, subcontractors, agents or employees should violate any of the
provisions of this Agreement, the CITY through its City Engineer may serve written notice on
DEVELOPER and DEVELOPER's surety or holder of other security of breach of this
Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall
have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisable, for the account and at the expense
of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or
reasonable and documented excess costs occasioned by CITY thereby; and, in such event,
CITY, without liability for so doing, may take possession of, and utilize in completing the work,
such materials, appliances, plant and other property belonging to DEVELOPER as may be on
the site of the work and necessary therefor.
Section 9. Notices
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Melissa Morton
Public Works Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
IMPROVEMENT AGREEMENT
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Notices required to be given to DEVELOPER shall be addressed as follows:
Company Name: V;U.,_ t>",ttWtly -(",,,full's) UC-
Attention: ?~ut '5. £~e,- (Contact Name)
Street Address:..J1GL!1a.1't;... .4U-L J .s+...~/.:1\
City: Do.\\\Jill.e... ,State: CA , Zip Code: "YS~
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Notices required to be given surety of DEVELOPER shall be addressed as follows:
Company Name:---.--!::( ~\II'.&. ~ ~IL)- \N'\'~"'¡"""HO'-""'''''' -ç:\'t>'õ:.\...\"1",
, \'-'SI.>.~E.. c.-..,...,.........,.-
Attention: \....'E.e>.... ~-e.:D ¿". '"ÞAve - .~ I
Street Address: ow- \01iõ>..w",t><.. C%o.:>~" . 'Zoom::r~
.
City: ~~"''R\L
. State: \..\~\ :'í€.<\.'3Æ.."'í ,Zip Code: 01'\02. - 'S2.Þl
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
caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may
record said abstract in the Official Records of Alameda County.
Section 10. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets
and improvements within the work to be performed under this Agreement shall be at the sole
and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY
for dwellings located within the project site 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.
Section 11. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the site of The
Improvements 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
IMPROVEMõòNT AGREEMENT
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be peliormed 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.
Section 12. Acceptance of Work and Riqht-of-Way.
Upon notice of the completion of The Improvements and the delivery of a set of final as-
built mylar plans with electronic file to CITY by DEVELOPER, CITY, through its City Engineer or
designated representative, shall examine the 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 designated agents of such acceptance subject to Section 5 above.
If not previously dedicated on the final map for Parcel Map 8704, DEVELOPER shall
dedicate to CITY by separate instrument any right of way and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements,
and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance
easement dedications.
Section 13. 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.
Section 14. Alterations in Plans and Specifications..
Any alteration or alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby waive
the provisions of Section 2819 of the Civil Code of the State of California.
Section 15. Liability.
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will be peliormed 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:
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(I) 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 3 hereof.
(ii) 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.
b. Desion Defect. If, in the opinion of the CITY, a design defect in the work of
Improvements 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, OWNER shall, upon order by the CITY,
correct said design defect at OWNER's 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 Ihe 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
prov.ided under Section 3.
Section 16. Indemnification and Waiver.
DEVELOPER shall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive relief) concerning DEVELOPER's construction of
The Improvements on DEVELOPER's property and shall indemnify and hold CITY harmless
from any damages, charges, fees or penalties that may be awarded or imposed against CITY
and/or DEVELOPER in connection with, or on account of, DEVELOPER's construction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
Section 17. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IMPROVEMENT AGREEMENT
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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:
Enea Properties Compan>" LLC
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By: tJld4~Ã
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Typed or Printed Name
By:
Janet Lockhart, Mayor
Date:
ATTEST:
By:
Kay Keck, City Clerk
Date:
-
04\AUtJ.vy
Date
1;2. ~S-
I
IMPROVEMENT AGREEMENT
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. E$ersonally knówn to me
o proved to me on the basIs of satisfactory
evidence
to be the parson(s) whose-' name(s) islate
subscribed to the within instrum~mt and
acknowledged to·méthat helshelthey executed
the' same in his/her/their 'euthorized
capaclty(ies), and thai. by his/her/their
signatura(s) on the ¡'nstrumeht ttie persori(s), or
the ent~y upon behalf of Which the person(s)
acted, ex;,cutedthe instrument.
WL;~~~~
. ¡'lg/'J~tl.¡r'IIl;IfNglllr}'f'~II~. ....~
OPTIONAL
Though ths inforrnstlon bØJDW Is not required. by law, Ii møy prove va/uBbJe to parsons relying o.n ths "document
and c:ould prBvsnt fraudulent removal Bnd I'tfsttachmBnt of. this farm to another dooument.
Description of Attached Document . '. .
. ,TItle or, Type of Dooument: C;:::"":?fiZD..:-.'ù\'-'" \~{a"QU0..Q:c, '\1.....-',.
, ()",. {~Q.-.......:). , . . .
Document Date:Uo...'l"\>..:IC\.,:.:s . \ ¿ ~,?C:n:>:, N"mb~rofPegeS' . "1" .i:2....Y")
'Slgner(s) Other Then Named Above:
Top ofil1umb h8r~
'..:
I
I
",,'
A~ordpr.CIlIIThI¡:Fl'I!tI" i-ß! D-ð7&-ð!l2.7
O~y\I.j~t2,~efore me"
personally appeared íè.;;, \c::, Q.J I::::. .
I~ ,.," """ I
. IìI . OOMMISSION ~299264 'ill'
If ' NOTARy PuBU~AI.lFOANIA ~
J ALAMEDA COUNTYt
My WfIIIIIIIIsIQnJOlpS1¢I9,2005
.. ~
Pltl~ NQtary e.eøJ A!¡¡1)v1
Capaclty(iesj Claimed by Slgne.r
Signer's Name:
o Individual .
o Corporate Offioer - Title(s):
o Partner - 0 limited 0 General
o Attomey in Fect
o Trustee
o Guardian Or Conservator
o Other:
Signer Is Repressntlng:
C illBiiI ,..,tIQlllil NoIary ÀuooI'~01'I. B3l!ù D~ 8amAvt" F.o: ~ 24~. ¡:;h~~:rrI~, GA Ih:!l1~.2II02. www,!'IaU¿nilinD1!1iy"'1]
~n;I¡ , Nc.:i9C7
~~
\~Ub\\..¡,
DeBolt Civil Engineering
D811 San Ramon Valley Boulevard
Danville, California 94526
Tel: 925/837-3780
Fax; 925/837·4378
December 20, 2004
Job No. 03286
.
BOND ESTIMATE
SUBDIVISIOl'T 8407 " -
AMADOR VALLEY BLVD
CITY OF DUBLIN
UNIT
ITEM QTY. UNIT DESCRIPTION PRICE AMOUNT
1. Lump Sum LS . Clearing & Grubbing LS 2,000
2. 31,000 SF Grading to Property Line 0.30 9,300
3. 14,300 SF 12" Aggregate Base 2.75 39,325
4. 14,300 SF 3" Asphalt Concrete 1.50 21,450
5. 140 LF Concrete Curb & Gutter 15.00 2,100
6. 665 LF Concrete Curb 10.00 6,650
7. 3,500 SF Osite Concrete Sidewalk 5.00 17,500
8. 55 LF Concrete Valley Gutter 10.00 550
9. 2 EA Concrete Drive Apron 1,000.00 2,000
10. 10 EA Traffic Signs 300.00 3,000
Bond Estimate
Pagel of 2
,~, t',''; ",:~:..(~.\.~".
ITEM QTY. UNIT DESCRIPTION
11. 3,600 SF Landscaping With Irrigation
12. Lump Sum LS Pavement Stripings
13. Lump Sum LS Erosion Control
14. 4 EA Electroliers
15. 4 EA Through Curb Drains
\~DD\\J>
UNIT
PRICE AMOUNT
10.00 36,000
LS 5,000
LS 5,000
5,000.00 20,000
200.00800
TOT AL ESTIMATED CONSTRUCTION COST $ ] 70,675
10%
CONTINGENCY
ESTIMATED TOTAL COST
BOND AMOVNT
Bond ~·>':1,în:~111..;
$ ]7,068
$ ]87.743
$ ]87,800
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