HomeMy WebLinkAboutReso 72-05 Tassajara Rd Bridge Imp
RESOLUTION NO. 72 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY 01" DUBLiN
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APPROVING THE IMPROVEMENT AGREEMENT
FOR TASSA.JARA ROAD BRIDGE IMPROVEMENTS,
DUBLiN RANCH OFFSITE MITIGATION
(SIERRA LAND DEVELOPMENT CORPORATION)
WHEREAS, Sierra Land Development Corporation, representing the Lin Family, has executed
and filed with thc City of Dublin an Improvement Agreement to install bridge and associated roadway
improvements on Tassajara Road just north of Shadowhill Drive at the Northern Drainage, and in
conforn1ance with the improvement plans and the speei fications attached thereto; and
WHEREAS, said Improvement Agreement is secured by bonds in the amounts of $200,000 (Bond
No. 720001 S) and $1,300,000 (Bond No. 720002S) issued by Insco Insurance Services, Inc., conditioned
upon faithful performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by a bonds in the amounts of $200,000
(Bond No. 720001S) and $1,300,000 (Bond No. 720002S) issued by Insco Insurance Services, Inc_,
conditioned upon payment for labor performed or material furnished under the terms of said Agreement.
NOW, THEREFORE, BE IT RESOLVED that said Agreement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute
the Improvement Agreement, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 17th day of May, 2005.
AYES: Councilmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATT~T: ~
~- -C"Cl k ,~~
Ity er
O:\CC-MTGS\2005-l. lr2\Muy\OS-17-05\n:sl1 72-05 'l"a¡¡¡¡ajara Rd Hriðgc.(toc (It¡::m 4.2)
IMPROVEMENT AGREEMENT
TASSAJARA ROAD BRIDGE IMPROVEMENTS
Dublin Ranch, Offsite Wetlands Mitigation
This agreement is made and entered into this 17th day of May, 2005, by and between the CITY of
Dublin, a municipal corporation, hereinafter œferred to as "CITY", and Chang Su-O-Lin (also known as
Jennifer Lin), Hong Lien Lin (also known as Frederic or Prederieh Lin) and Hong Yao Lin (also known
as Kevin Lin) ("the Lins"), and Sierra Land Development Corporation, a California Corporation ("Sierra
Land") (the Lins and Sierra Land are hereinatler referred to collectively as "OWNER").
Rß.ÇJ.J A L S
WHEREAS, the Lins arc owners ofeertail1land within the City of Dublin, known as Dublin
Ranch. Development projects in Dublin Ranch result in loss of existing wetlands and require the need for
erealion or enhancement of replacement wetlands in off-site locations, as specified in permits issued by
the United States Arnly Corps of Engineers and the San Francisco Bay Regional Water Quality Control
Board. Mitigation measures inelude removal of an existing culvert and construction of a replacement
bridge on Tassajara Road at a creek tributary to Tassajara Creek (commonly known as the Northern
Drainage) just north of Shadowhill Drive.. The bridge will be constructed in conformance with the
Tassajara Road Precise Alignment, adopted by the City Council on August 3, 2004 (Ordinance No. 21-
04). Sierra Land is a legal entity controlled by the Lins that the Lins propose to use to construct the
improvements; and
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that OWNER desires to construct and dedicate the following improvements (hereafter
collectively "The Improvements"):
A concrete bridge, 118' wide and 85' long, accommodating six lhture trave1lanes, two bicycle
lanes, two sidewalks and a raised median, together witl1 stabilization and revegetation of the
existing creek crossing. The Improvements shall be constructed in accordance with the plans,
Tassajara Road Bridgl!, Dublin, California, prepared by Finn Design Group and consisting of 15
sheets, Plansfor thl! Improvl!ml!nt of Tassajara Road Bridgl!, prepared by MacKay and Somps and
consisting of 3 sheets, and Grading, Restoration, and Revegetation Plans,· Dublin Ranch Lower
Northern Drainage, Kobo/d Reach, prepared by H.T. Harvey and Associates and consisting of24
sheets, approved by the City Engineer in April, 20Ù5. These plans are hcieby referred to for a
more definite description of the work to be performed under this Agreement as set forth at length
herein;
WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication ofright-of-way and
The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions
of this Agreement;
WHEREAS, CITY has determÌlied that The Improvements are a public workS subject to
California prevailing wage requirements;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein
eontai)lcd, the parties agree asfollows:
,lMPROVEMENT AOREEMBNT. .
Tassajar3 Rq,w. arídge.at Northç:¡:n ",oraínage (S,haùowlrill.Drive)
'Page) üf 9 .
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SectioV·
ComDletion Time.
OWNER will commence construction of The Improvements within ninety (90) days following the
date on which CITY executes this Agreement. OWNER shall complete such Improvements no later than
two years following execution of this agreement. Timc is of the essence in this Agreement.
CITY and OWNER acknowledge that construction of The Improvements requires acquisition of
right-of-way from a third party, OWNER agrees that construction of that portion of The Improvements
located within said right·of-way shall not commence until the right-of-way has been acquired. CITY and
OWNER agree that thc OWNER may request aD extension of the completion time in o,-der to compensate
for delays due to the right-ot~way acquisition, and that CITY will not unreasonably deny suçh a request.
Section 2,
Estimaled Cost of Improyements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to
be $$1,500,000, consisting of$200,000 for grading and creek improvements and $1,300,000 for the
bridge structure. It is anticipated that a separate bond of $200,000 will be posted with the issuance of a
grading permit for the project prior to the execution of this agreement, in which case the bond amount
noted above will be reduccd to $1,300,000. Said amounts include costs and reasonahle expcnses and fees
which may be incurred in enforcing the obligation secu(ed.
!i~stiOl1 3.
Bonds Fu.rnished.
hior to commencing construction of the improvements, OWNER (or either the Lins or Sierra
Land) shall furnish CITY with the following security in a form satisfactory to the CITY Engineer:
a. Faithful PerformªJ1\<.<:;. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licenscd to conduct a genera! surety business in the State of California, or
an instrument of ccedit equivalent to one hundred percent (100%) of the estimates set forth
in Paragraph 2 and sufficient to assure CITY that 111e Improvements will be satisfactorily
completed.
b. ~abor 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 S!ate of California,
or an instrument of credit equivalent to one hundred percent (100%) of the estimates set
forth in Paragraph 2 and suffici~nt to assure CITY that OWNER'S contractors,
subCOlllracto(s, and other persons furnishing labor,materials, or equipment shall be paid
therefor.
CITY shall be the sole indenmitee named on any instrllment required by this Agreement. Any
instrument or deposit required herein shall conform to the pwvisions of Chapter 5 of the Sllbdivision Map
Act. .
Section 4.
. Insurance Required.
Prior to commencing construction of the improvements, OWNER shall obtain or cause to be
obtained,md t:11ed with the CITY, an insurance required. under this paragraph, and such insurance shall
have beenapprov.ed by the Administrative Services Director ofCI1Y., or his designee, as to form, amount
and carrier, Prior. to the commencement of work under. this Agreement, OWNER's general contractor'
IMPROVEMENT AGREEMENT. .
Tü!;sajata. Road ßrid.g~ at NOrthern Drainage (SJ1.adowhjll Driv~)
Pag~;2 of 9
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shall obtain or cause to be obtained and t!led with the Administrative Services Director, alI 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, OWNER shalI {lot alIow any contractor or
subcontractor to çommence work on this contract or subcontract until all insurance required fOT OWNER
and OWNER'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 requirement$ herein provided shalI appear either in the body of the
insurance poliçies or as endorsements and shall specifieally bind the insurance carrier.
a. Minimum ScoDe ofInsuranee, Coverage shall be at lea$t as broad as:
(i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive Gcn..eSal Liabilitv and Insuranee Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" fOT1l1 CG 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code I "any auto" and cndorsement CA 0025,
(iii) Workers' Compensation insurance as required by the Labor Code of the
Statc of California and Employers Liability Insurance.
b. Minimum Limits ofJnsurance. OWNER shall rriaintain limits no less than:
(i) 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
occun'ence limit,
(ii) AutoLJ:l.9bils:J,-iability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(iii) Workers' ComDensatiq(l and EmDloyers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
c, Deductibles and Se1f~Insura,nce Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option ofthe
CITY, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respeets the CITY, its officers, officials and employees; or the
OWNER ~hall procure a bond guaranteeing payment of losses and related
investigations, claÍlD. administration and defense expenses.
, d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain,
the folIowing provision,,:
IMPROVEMENT AGREßMgNr '
Tas:sajara Road Bridge. at No':rth~ Drainag0 (ShadowhiU Drive)
Pag~ 3 Qf L)
(i) General Liability and Automobile Liability Coverages.
(a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activities performed by or on behalf of the OWNER; products
and completed operations of the OWNER; premises owned,
occupied or used by the OWNER; Or automobiles owned, lea$ed,
hired or borrowed by the OWNER. The coverage shall contain no
special limitations on the $cope of the protection afforded to the
CITY, its officers, official$, employees or volunteers.
(b) The OWNER's insurance coverage shall be primary insuranec as
respects the CITY, its officers, ortíeials, employees and yolunteers.
Any insurance or self-insurance maintained by the CITY, its
o!l1eers, officials, employees or volunteers shall be excess of the
OWNER'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 OWNER'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' CQJ1mensation and Employers Liabilitv Coverage. TIle insurer
shall agree to waive all rights of subrogation against the CITY, its officers,
officials, employees and volunteers for losses arising from work perfo!1lled
by the OWNER for the CITY.
(iii) All Coverages.
Each insurance policy required by this clause shall be endorscd to state that
coverage shall not be suspended, voided, cancelled by either party, reduced
in coverage or in limits except after thirty (30) days' ptior written notice by
certified mail, retUITl receipt requested, has been given to the CITY.
(a) Aeccpt¡:Lbilitv ofInsurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII.
(b) Verification o['Coveragc. OWNER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and
endorsements are to be received. and approved by the CITY before
work commences. The CITY reserves the right to require c.omplete,
certified copies of allrequired insuränee policies, at any time.
lMPROVEMENT AGREEMENT·, '" .. .
.,Tassajara RoadBridge at :-¡orth~'m D.X'U'i~agt: (ShadowbHI Drivi=)
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(c) Subeoggactors. OWNER and/oT OWNER's general contTactûT shall
include all subcontractors as insured~ under its policies or shall
obtain separate certificates and endorsements for each
subcontractor. All coverages for subcontTactors shall be subject to
all of the , requirements statcd herein.
$ection 5.
Work Perfonnanee and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items ofroutinc
maintenance, ordinary wear and tear and unusual abuse or neglect, OWNER guarantees all work executed
by OWNER and/or OWNER'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
acceptance of the ~ntire work by CITY. OWNER shall repair or replace any or all such work or matcrial,
together with all or any other work or materials which may be displaced or damaged in so doing, that may
prove defeetivc in workmanship or materia] within said one-year guaTantee period without expense Or
charge of any nature whatsoever to CITY. OWNER f1lfther covenants and agrees that when defects in
design, workmanship and materials actually appear duTing the one,yeal' gllaTantee period, and have been
corrceted, the guarantee period shall automatically be extended for thc corrected items for an additional
year to insure that such defects have actually been corrected.
In the event the OWNER 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 OWNER shall pay to CITY on demand all costs and expense of such
repair. Notwithstanding anything heTein 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 sha11 have the right to immediately repair, or cause to be
repaired, such defect, and OWNER shall pay to CITY on dcmand all costs and expense of such repair.
The foregoing statement relating to hazards to health and safety shall be deemed to ineludc either
temporary or permanènt rcpairs that 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 OT
performs thc necessary work, OWNER shan pay, in addition to actual costs and expenses of suèh repair
or work, twenty· five percent (25%) of such costs and expenses for overhcad and interest at thc maximum
rate of interest p~rmitted by law accruing thirty (30) days from the date ofbilling foi' such work or
repairs.
Section 6.
InsDectionof the Work.
OWNER shall guarantee rree access to CITY through its City Eugineer and his designated
represcntatîve for the safe and convenient inspection of the work throughout its construction. Said CITY
representative shaIl have the authority to reject all materials and workmanship which are nut 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 CITY without any expense to CITY in strict
accordance with the Improvements plam and specifications. .
Section 7,
AQ:Teement AssÍlnunent.
IMPROVEMENT AGREEMENT. . . ..
Ta.!¡!)ajara Rmid Bridge,$t NQr-theIT,l Drainagð: '(~,ii~Q,~l1i,I '.Dri;"e)
Page 5 öf 9
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OWNER shall not assign this Agreement without the written consent of CITY, which consent
shall not be unreasonably withheld.
Section 8.
Abandonment of Work.
Neither OWNER nor any of OWNER's agents 0, eontracto,-s are or shan be consider~d to b~
agents ot'CITY in connection with the p~rforrnance of OWNER's obligations under this Agreement.
If OWNER refuses Or fails to obtain prosecution of the work, or any severable part thereof, with
such diligence as will insure its completion within the time specified, or any extension thereof, or fails to
obtain completion of said work within such time, or if OWNER should be adjudged as bankrupt, or
should make a general assignment fOr the bene.fit of OWNER's creditors, or if a receiver should be
appointed, or if OWNER, or any of OWNER'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 OWNER and OWNER's surety or holder of Olhe, security of breach ofthis Agreement, or of
any portion, thereof, and default of OWNER.
In the event of any such notice of breach of this Agreement, OWNER's surety shall have the duty
to take over and eomplcte The Improvements herein specitled; 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 OWNER and OWNER's surely shall be liabJc 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 ot: and utilize in completing thc work, such materials,
appliances, plant and other property belonging to OWNER as may be on the site of the work and
necessary th~refor.
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
Notices required to be given to OWNER shall bc addressed as follows:
Martin Inderbitzen
. Attomey .at Law
7077 KolI Center Plaza, #120
f>1easanton,California 94566
and
IMPROVEMENT AÙREEM£!{t . ... . . ..
Ta< ..<¡aj~ RO,ad Briùg~ at N.orthern DraiIla:ge (ShadQwhill OliVE;)
..:Pa~e 6 of ,9
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The Lin Family
c/o James Tong
4690 Chabot Drive, Suite 100Pleasanton, CA 94588
Notices required to be given surety of OWNER shall be addressed as follows:
Gregory Priby J
The Insco Dico Group
3100 Oak Road, Suite 260
Walnut Creek, CA 94596, California 94566
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, OWNER has executed and has caused to be
acknowledged an abstract of this Agreement. OWNER agrees CITY may record said abstract il1 the
Official Records of Alameda County.
Section 10. ,S,afetv Q~yj~.
OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs,
waming Jights, and other safety dcviees adjacent to and on the site of The Improvements as may be
necessary to prevent accidents to the public and damage to the property. OWNER shall fl.lmish, 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 sHe of the work by the OWNER, and
the entire site le.ft clean al1d orderly.
Section I t
Acceptance of Work al1d Easement.
Upon notice of the completion of The Improvements and the delivery of a set of t1nal as-built
mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his 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 OWNER or his designated agents of s\lçh aeeeptanse.
Concurrently with the notice of cornpletion, OWNER shall grant to CITY a right of entry or
such other right of access (including right of way and maintenance easements) as may be deemed
necessary by the City Engineer for the maintenance of The Improvements, and, at acceptance of the
Work, CITY shall also accept the right-of-way and maintenance easement dedication. The right of
access shall be over the property described inExhibit A.
Section 12.
Patent and Copvrigþt 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, OWNER 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.
IMPROVEMENT AGREEMENT
Tas:sajara Road Bridge at Northern Draínage (Shadowhill prive)
Page 7 of.' 9
Section 13. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifícations which are a part of this
Agreemcnt or any provision of this Agreement shall not bperate 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 ofCalifo1'llia.
Se(j:(on 14. Liab.Uili'.
a. OWNER Primarilv Liable, OWNER hereby warrants that its design and
construction of The Improvements will be performed in a proper manner. OWNER
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 fj-om an
act or omission of OWNER, its employees, agents, or independent contractors in
connection with OWNER'S actions and obligations hereunder; provided as fol1ows;
(i) That CITY does not, and shall not, waive any rights against OWNER which
it may have by reason of the aforesaid hold harmless agreement, because of
the acceptance by CITY, or the deposit with CITY by OWNER, of any of
the insumJlce policies described in Paragraph 3 hereof.
(ii) That the aforesaid hold harmless agreement by OWNER shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason ofaJlY 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 elaims for damages.
b. Resign Defect. If a design defect in the work of Improvements becomes apparent
during the course of construction, or within one (I) year following acceptaJlce by
the CITY of the Improvements, and said design defect, in the opinion of the CITY,
may substantially impair the pubJie health and safety, OWNER shall, upon order
by the CITY, rcdesign the improvemeJlts as necessary to correct said design de feet
and reconstruct the improvements as necessary to correct said design defect at his
sole cost and expense, and the sureties under the Faithful Performance and Labor
a11d Materials Bonds shall be liable to the CITY for the corrective work required.
e.!",i.tig(}tion 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 speeineally enforce the te.rms 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 OW:NER's
surety on the bonds provided under Section 3.
IMPROvEMEN·r AGREEMENT·· . .
Tas5ajara Road ~ridgt ¡,¡(,Northorn Dt'ainag~ (Shaduwhill Drive).
Page 8 of 9
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Section 15, Right of Entrv.
CITY grants to OWNER a right of entry to enter upon the property within Tassajara Road with
such persolmcl, equipment, machinery, vehicles and materials as may be necessary for the sole purpose of
construction of The Improvements pursuant to this Agreement. This right of entry shall be effective upon
the date of this agreement and shall terminate on llpon acceptance of The Improvements by the City.
There shall b~ no payment for the right of entry. OWNER's obligation to indemnify, defend and hold
CITY harmless, as described in Section 15, shall be applicable to any acts or omissions of OWNER, its
contractors, subcontractors and agents, in connection with this right of entry.
Section 16. Ing.,;:J.lll1Ìfication and Waiver.
OWNER shall defend CITY, its officers, employees and officials, against any claims Or actions
(including declaratory or injunctive relief) concerning OWNER's construction of The Improvements on
OWNER's property and shall indelllllify and hold CITY harmless from any damages, charges, fees or
penalties that may be awarded or imposed against CITY and/or OWNER in cOlmection with, or on
account of, OWNER's construction of The Improvements and/or CITY's failure to enforee or comply
with any applicable laws.
Seçtion 17,
Credits
CITY will provide a credit to OWNER for dedication of any right-of-way needed for The
Improvements if such right-of-way is needed for improvements described in the Eastern Dublin Trat1'ic
Impact Fee (Resolution No. 111-04 including any amendments thereto). All aspects of the credit shall be
governed by the City's Administrative Guidelines (Resolution No. 221-04) including any amendments
thereto).
CITY will provide a credit to OWNER for construction of The Improvements if such
imprQvements are dcseribcd in the Eastern Dublin Traffic Impact Fee (Resolution No. 111-04 including
any amendments thereto). All aspects of the credit shall be governed by the City's Administrative
Guidelines (Resolution No. 221-04) inclnding any amendments thereto).
Section 18. Recitals.
The forcgoing 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.
OWNER:
c:;t:_Æ-dp{:r.-. / &¿..-.;.." Date: ~.)c, e ¡~
4"'C~ß.ßu-.o-. L. in.l1lili. 1 0 known 1s.. s Jennifer Lin)
.1h> ß--t .,/k//-fr-'e7"t"¢;R ~
G1¿:;4. _t; "~1z4: ~--£ ..¿ Date: Uu- ~,,~--
Hong Lien Lin (also known clredene~
..... .I''#YU ft7,,9,;; M. ..p-~...¿r-.lið ~ . .
IMPROVEMENT AGREEMEN1' , .' . ..', Page 9 of 9
Tassajara Road äridg~ at"Nortlu::ri1 Drainaf?;t: (Shad0V:'hiliI~rivl:!)
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CITY OF DUBLIN:
By: ___.'
Janet Lockhart, Mayor
Date:
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ATTEST:
By:
Kay Keek, City CJerk
Date:
Approved as to Form:
Elizabeth H. Silver, City Attorney
Lin)
tkJ Date: // --<--" ,,-
ng ao Lm (also kno n as Kevin Li~
._ A-ço/-o'¿1 Ú1P /'?¿/,
LAND DEVELOPMENT CORPORATION
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ate: .- 01
ong, Secretary
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Martin W. Ind
bitzen, Attorney for Un Family
EXHIBIT A
EASEMENTS
Description to be per offers of dedication.
Real property in the County of Alameda, State of California, dèScribed as follows:
IMPROVEMENT AGREEMENT
Ta:i.saj¡uu Road Bridge at NorthcfTI Drainage! (Sh.ad.owhiII Drive)
Page 10 of 9
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EXHIBIT A ,
PAGEI0F2
DESCRIPTION
16034-2
3/1/05
B.C.
LANDS OF SPERFSLAGE TO BE
CONVEYED TO THE CITY OF DUBLIN FOR
TASSA.JARA ROAD WIDENING
ALAMEDA COUNTY, CALIFORNIA
AIL THAT CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF SPERFSLAGE, ETAL, AB
, DESCRIBED IN DOCUMENT SERIES NO. 97.114479, AND AS SHOWN ON RECORD OF SURVEY, NO. RS
1005, FILED IN BOOK 16 OF RECORD OF SURVEYS AT PAGES 37 'I'HRU 51, ALAMEDA COUNTY
RECORDS, MORE PARTICULARLY DESCRIBED AS FOILOWS,
BEGINNING AT THE NORTIIEAST CORNER OF SAID LANDS OF SPERFSLAGE, SAID POJNT ALSO
BEING ON TIm EXISTING WESTERLY RIGIIT OF WAY LINE OF TASSAJARA ROAD (A 33.00 FOOT
HALF STREET) AS SHOWN ON SAID RECORD OF SURVEY, THENCE ALONG THE NORTHERLY LINE
OF SAID LAND OF SPERFSLAGE, SOUTH 53'54'16" WEST 90.00 FEET; THBNCE LEAVING SAID
NORTHERLY LINE AND ENTERING SAID LANDS, SOUTH 54'26'26" EAST 38,99 FEET TO A POINT ON
TIm FUTURE WESTERIS RIGHT OF WAY LINE OF TASSAJARA ROAD (FUTURE 64.00 FOOT HALF
STREET), THENCE SOUTH 86'35'44" EAST 36.43 FEET TO A POINT ON SAID EXISTING WESTERLY
RIGIIT OF WAY LINE OF TASSAJARA ROAD, SAID RIGIIT OF WAY LINE BEING COINCIDENT wrnr
THE EASTERLY LINE OF SAID LANDS OF SPERFSLAGE, THENCE ALONG SAID COINCIDENT LINE
NORTII 3'24'16" EAST 78.00 FEET TO THE POINT OF BEGINNING.
\' '. PTN APN 986-0003-001
CONTAINING 3,086 SQUARE FEET, MORE OR LESS
VEYOR NO. 5412
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P.O.B. "" POINT OF BEGINNING
P,O.C. = POINT Of COMMENCEMENT
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PLEASAIITON. CA. ..588 (.26) 226-0_
DATE: 3-2-05 JOB NO. 16034-40
DRAWN BY: LH DWG.:
COUNTY OF ALAMtDA
STATE OF CALIFORNIA
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