HomeMy WebLinkAboutReso 130-05 Lin&SierraLndAgmt
RESOLUTION NO. 130 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * . . . * * *
APPROVING THE IMPROVEMENT AGREEMENT WITH THE UN FAMILY
AND THE SIERRA LAND DEVELOPMENT CORPORATION FOR
CENTRAL PARKWAY - WCKHART STREET TO FALLON ROAD AND
FALLON ROAD - CENTRAL pARKWAY TO BENT TREE DRIVE
WHEREAS, the Lin Family and the Sierra Land Development Corporation, the developers of
Dublin Ranch, intend to construct certain roadway improvements to serve Dublin Ranch; and
WHEREAS, the Lin Family and the Sierra Land Development Corporation have executed and
filed with the City of Dublin an Improvement Agreement to install said roadway improvements for Central
Parkway - Lockhart Street to Fallon Road and Fallon Road - Central Parkway to Bent Tree Drive in
accordance with approved improvement plans; and
WHEREAS, said Improvement Agreement is secured by bonds furnished by Developers Surety
and IndeInlÚty Company in the amount of $ 310,000 (Bond No. 720007S) for the Central Parkway traffic
signals and $1,300,000 (Bond No. 720006S) for the remaining improvements, conditioned upon faithful
performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by bonds furnished by Developers Surety and
Indemnity Company in the amount of $ 310,000 (Bond No. 7200078) for the Central Parkway traffic signals
and $1,300,000 (Bond No. 7200068) for the remaining improvements, conditioned upon payment for labor
performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Improvement Agreement, attached hereto
as Exhibit "A", is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute said Improvement Agreement.
PASSED, APPROVED AND ADOPTED this 21st day of June, 2005.
AYES: Councilmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
AlTIST ~~cL
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K'/G/6-21-05/reso 130-05 Lin Improvemt Agmt (Item 4.20)
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IMPROVEMENT AGREEMENT
CENTRAL P ARKW AY - LOCKHART STREET TO FALLON ROAD AND
FALLON ROAD - CENTRAL P ARKW A Y TO BENT TREE DRIVE
This agreement is made and entered into this 21 st day of June, 2005, by and between the CITY of
Dublin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su-Q-Lin (also known as
Jennifer Un), Hong Lien Lin (also known as Frederic or Frederich Un) and Hong Yao Un (also known as
Kevin Lin) ("the Lins"), and Sierra Land Development Corporation, a California Corporation ("Sierra
Land") (the Lins and Sierra Land are hereinafter referred to collectively as "OWNER").
RECITALS
WHEREAS, the Lins are owners of certain land within the City of Dublin, known as Duhlin Ranch.
The City has approvcd certain dcvelopment projects in Dublin Ranch that require the construction of the
improvements that are the subject of this Improvement Agreement. Sierra Land is a legal entity controlled
hy the Lins that the Lins propose to use to construct the improvements;
WHEREAS, it has been determined by the CITY Council ofthe CITY of Dublin, State of
California, that OWNER desires to construct and dedicate the fullowing improvements (hereafter
collectively "The Improvements"):
Central Parkway between Lockhart Street and Fallon Road, including all median curbs, the
northern frontage curb & gutter, full westbound pavement & one lane of eastbound pavement,
storm drainage, sanitary sewer, water, joint trench and street lighting improvements. The
Improvements include the traffic signal at Lockhart Street and Fallon Road. The Improvements
do not include landscaping, walkways and southern frontage improvements.
Fallon Road betwcen Central Parkway and Bent Tree Drive southbound frontage improvements
including curb & gutter with 20-foot width of pavement, storm drainage and street lighting
improvements. The Improvements include rnodificatÍons to the traffic signal and street
improvements at the Bent Tree Drive intersection. The Improvernents do not include
landscaping, walkways, median curbs and any permanent northbound improvements other than
those at the Bent Tree Drive intersection. The Improvements include restriping, signage and
temporary confonn pavements for the existing roadway to be one lane of northbound traveL
The Improvements shall be constructed in accordance with the foUowing referenced plans, which
are hercby referred to for a more definite description ofthe work to be performed under this
Agreement as though set furth at length herein;
. Improvement Plans, Dublin Ranch. Central Parkway - Lockhart Street to Fallon Road and
Fallon Road- Central Parkway to Bent Tree Drive prepared by MacKay & Somps, signed
by the City Engineer on June ---" 2005 and consisting of 15 sheets.
. Trafjic Signal Improvements at Central Parkway & Lockhart Street, Central Parkway &
Fallon Road and Fallon Road & Bent Tree Drive prepared by TJKM Transportation.
lMPROVEMENT AGREEMENT
Ccntnd Par}cway- Luckhan St to Fallon Rd ;!nd Fillion Rd - Central Parkway to D~t Tree Dr
Page 1 ofp-+
· Joint Trench Composite & Street Lighting Plan, Central Parkway ~ Lockhart Street to
Fallon Road and Fallon Road- Central Parkway ro Bent Tree Drive prepared by ROA
Utility Consultants.
WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication of right-ot:way and The
Improvements in consideration for OWNER's satisfactory performance of the terms and conditions of this
Agreement;
WHEREAS, the Lins and CITY have previously entered into an Agreement Regarding Community
Park in Dublin Ranch, dated March 15, 2005, which agreement contains certain conditions regarding the
construction of The Improvements.
WHEREAS, the Lins and CITY have previously entered into an Improvement Agreement and
Right of Entry Agrccment for Fallon Road Improvements to SatisfY Certain Conditions of Approval of
Vesting Master Tentative Map 7135, dated March 19, 2002, which abTfooment contains certain conditions
rcgarding the construction of a portion of Fallon Road included in The Improvements.
WHEREAS, CITY has determined 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
contained, the parties agree as follows;
Section 1.
Completion Time.
OWNER will commence construction of The Improvements within ninety days following the date
on which CITY executes this Agreement. OWNER shall complcte such Improvements no later than two
years following execution of this agreement. Time is ofthe essence in this Agreement.
Section 2.
Estimated Cost oflmnrovements.
For purposes ofthis Agreement, the estimated cost of constructing The Improvements is agreed to
be $ 1,610,000. 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, OWNER (either the Uns or Sierra Land) 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 percent (100%) of the estimates set forth
in Section 2 and sufficient to assure CITY that The Improvements will be satisfactorily
completed.
IMPROVEMENTAGREEMBNT
cent:ral Park way- Lockhart St to ,Fallon Rd and Fatlon Itd ~ Centrtd PaJII:w:,y to Bent Tree Dr
Pase: 2 ofl.++
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 percent (100%) of thc estimates set forth
in Section 2 and sufficient to assure CITY that OWNER'S contractors, subcontractors, and
other persons furnishing labor, materials, or equipment shall be paid therefor.
CITY shaH be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map
Act.
Section 4.
Fallon Road Agreement.
An agreement between the Lins and CITY entitled "Improvement Agreement and Right of Entry
For Fallon Road Improvements To SatisfY Certain Conditions Of Approval Of Vesting Master Tentative
Map 7135" ("Fallon Road Agreement") dated February 6,2001 also requires the Lins to complete a
portion of The Improvements. Upon the execution of this Agreement and the provision of the security
required by section 3, the Uns shall be deemed to have satisfied their obligations under the Fallon Road
Agreement.
Section 5.
Insurance Required.
Prior to commencing construction of the improvements, OWNER shall obtain or cause to be
obtained and filed with the CITY, all insurancc 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, OWNER'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 havc been approved by the Administrative Services Director
of CITY, as to form, amount and carrier. OWNER shall not allow any contractor or subcontractor to
conunence work on this contract or subcontract until all insurance required for 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 undcr this Agreement and the final acceptance thereofhy
CITY. All requirements herein provided shall appear either in the body of the insurance policies or as
cndorsements and shall specifically bind the insurance carrier.
a. Minimum SCODe ofInsurance. Covcrage 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 I "any auto" and endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor Code ofthe
State of California and Employers Liability Insurance.
IMPROVEMENT AGREEMENT
CeIltrol Park:way- J.ockhart St to Fallon Rd and J"anon Rd - Central Parkway to Bern 1'~ Dr
Page 3 oQ·14,
b. Minimum Limits oOnsurance. OWNER shall maintain limits no less than:
(i) General Liahility: $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
projectllocation or the general ag~,'regate limit shall he twice the required
occurrence limit.
(ü) Automobile Liabilitv: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(ill) Workers' Comvensation and Emvlovers 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 he 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 cmployees; or the
OWNER shall procure a bond guaranteeing payment oflosses 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:
(i) General Liabilitv and Automobile Liabilitv Coverages.
(a) The CITY, its officers, agents, officials, employees and volunteers
shall he named as additional insureds as respects: liability arising out
of activities performed by or on hehalfofthe OWNER; products and
completed operations of the OWNER; premises owned, occupied or
used by the OWNER; or automobiles owned, leased, hired or
borrowed by the OWNER 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 OWNER'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 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.
IMPROVEMENT AGREEMENT
C~lral Parkway- Lockhart St [0 Fallon Rd and Fallon ReI - Ccnb1l.l Parkway t'O Bent Tm: Dr
Page 4 Df~++
(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.
(ü) Workers' COInDensation and Emplovers Liabilitv Covera!!e. The irtsurer
shall agree to waive all rights of subrogation against thc CITY, its officers,
officials, employees and volunteers tòr losses arising ÍÌ'om work performed
by the OWNER for the CITY.
(ill) All Coverll¥es.
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 reccipt requested, has been given to the CITY.
(a) Acceptabilitv ofJnsurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A: VII.
(b) Vefification of Covera~e. 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 behal£ The certificates and
endorsements are to be received and approved by the CITY before
work commences. The CITY reserves the right to require completc,
certified copies of all required insurance policies, at any time.
(c) Subcontractors. OWNER and/or OWNER's general contractor shall
include all subcontractors as insureds under its policies or shall obtain
separate certificates and endorsements tor each subcontractor. All
coverages for subcontractors shall be subject to all of the
requirements stated herein.
Section 6.
Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items ofroutine
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 othcrwise delivered to CITY as a part of the work pursuant to
the Agreement, to be ÍÌ'ee of all defects of workmanship and materials for a period of one (1) year after
acceptance of the entire work by CITY. OWNER 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. OWNER further covenants and agrees that when defects in
design, workmanship and materials actually appear during the one-year guarantee period, and have been
IMPROVEMUNT AGREEMENT
Ccntrul Parkway- Lockhart St to Fallon ReI and hUDn Rd & Cenirill Parkway to Bmt Tree Dr
ra~ 5 ()f~H
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 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 ohligated, 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 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 OWNER 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 doomed 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, OWNER 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 ITom the date ofbi1ling for such work or repairs.
Section 7.
Inspection of the Work.
OWNER shall guarantee ITee access to CITY through its City Engineer and his designated
representative for the safe and convenicnt 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 satisfuction ofCfTY without any expense to CITY in strki accordance with
the Improvements plans and specifications.
Section 8.
Agreement Assignment.
OWNER shall not assign this Agreement without the written consent of CITY, which consent shall
not be unreasonably withheld.
Section 9.
Abandonment of Work.
Neither OWNER nor any of OWNER's agents or contractors are or shall be considered to be
agents of CITY in connection with the pcrformance of OWNER's obligations under this Agreement.
If OWNER refuses or fuils to obtain prosecution of the work, or any severable part thereof, with
such diligcnce as will insure its completion within the time specified, or any cxtension 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 fur the benefit of OWNER's creditors, or ifa 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 other security of breach of this Agreement, or of any portion, thereof,
and default of OWNER.
IMPROV~MENT AGREEMENT
Central Parkwfly· Lockhart St to Fallon Rd and Fallon Rd· Central PII:rJcway to HmI: Tree Dr
Pngo6off'1-
In the event of any such notice ofhreach of this Agreement, OWNER'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 ovcr the performance of the contract, and does not commence performance thercofwithin
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 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 tak.e possession of, and utilize in completing the work, such materials, appliances, plant and
other propcrty belonging to OWNER as may be on the site of the work and necessary therefor.
Section 10. Notices
All notices herein required shall be in writing, and delivered in person or sent by registered mail,
postage prepaid.
Notices required to be givcn to CITY shall be addressed as follows;
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to OWNER shall be addressed as follows;
Martin Inderbitzen
Attorney at Law
7077 Koll Center Plaza, #120
Pleasanton, California 94566
and
The Lin Family
c/o James Tong
4690 Chabot Drive, Suite 100Pleasanton, CA 94588
Notices requircd to be given surcty of OWNER shall be addressed as follows;
Gregory Pribyl
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.
Section II. Safety Devices.
IMPROVEMENT AGREEMENT
Central Parkway- Lðckhart 5t ro FaUon ReI and Fallon Rd - (~entral Parkway 10 Bent Tree Dr
rage 7 Dfl-1-!.
OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs,
warning lights, and other safety devices adjacent to and ort the site of The Improvements as may be
necessary to prevent accidents to the public and damage to the property. OWNER 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 OWNER, and the entire site
left clean and orderly.
Section 12. Acccptance of Work and Easement.
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 hy OWNER, CITY, through its City Engineer or his designated
representative, shall examine the work without delay, and, iffound 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 such acceptance.
ConCUlTently with the notice of completion, OWNER shall dedicate to CITY any right of way
and casements 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 way dedications shall be Parcels 14 and 17 as shown on the Final Map of
Tract 7281 filed September 3,2004, Map Book 277, Pages 82-85, Alameda County Records.
Section 13. Patent and Copyright 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 fÌ'om any fees, costs or litigation expenses, including attorneys' fees and court costs, which may
result from the use of said patented or copyrighted materia~ process or publication.
Section 14. Alterations in Plans and Snecifications.
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
givcn, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the
State of California.
Section 15. Liabilitv.
a. OWNER Primarily Liable. OWNER hereby warrants that the design and
construction of The Improvements will be performed in a proper manner. OWNER
agrees to indelIllrifY, defend, release, and save harmless CITY, and each of its
elective and appointive boards, commissions, officers agents and employees, from
and against any and aU loss, claims, suits, liabilities, actions, damages, or causes of
action of every kind, nature and description, directly or indirectly arising from an act
IMPROVEMENT A.GREEMENT
CenLrnl Parkmi.y- Lo¡::khart St to ~ IW a.nd Fallan Itd - Cenitöl Parkway to Bent Tree Dr
Pa~c: 8 of-ª,t,l
or omission of OWNER, its employees, agents, or independent contractors in
connection with OWNER'S actions and obligations hereunder; provided as follows:
(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 insurance policies described in Section 5 hereof.
(ü) 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 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. DesÌlm Defect. If a design defect in the work ofImprovements 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 ofthe CITY,
may substantially impair the public health and safety, OWNER shall, upon order by
the CITY, redesign the improvements as necessary to correct said design defect and
reconstruct the improvements as necessary to correct said design defect at his so Ie
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. Lit~ation Expenses. In the event that legal action is instituted by either party to this
Agreement, and said action seeks damages for breach ofthis Agreement or seeks to
specifically enforce the terms of this Agreement, and, in the event judgment is
entered in said action, the prevailing party shall be entitled to recover its attorneys'
fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to
recover its attorney's fees and costs in any action against OWNER's surety on the
bonds provided undcr Section 3.
Section 16. Right ofEntrv.
CITY grants to OWNER a right of entry to enter upon the property within Fallon Road and Central
Parkway with such personnel, equipment, machinery, vehicles and materials as may be necessary tor 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 upon acceptance of The Improvements
by the City. There shall be no payment for the right of entry. OWNER's obligation to indeIIlIlilY, 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.
IMPROVEMENT AGREEMENT
Cðntr31 Parkway- Lockh0.rt St to faUnn R.d. aDd Fallon Rd - Central Parkway io Dr,mt Treç Dr
Page 9 of2.-!-1-
Section 17. Indemnification and Waiver.
OWNER shall defend CITY, its officers, employees and officials, against any claims or actions
(including declaratory or injunctive reliet) concerning OWNER's construction of The Improvements on
OWNER'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 OWNER in connection with, or on
account of, OWNER's construction of The Improvements and/or CITY's fuilure to enforce or comply with
any applicable Ia.ws.
Section 18. Credits.
CITY shall provide a credit to OWNER for dedication of any right-of-way needed for The
Improvements if such right-ot:way is needed for improvements described in the Eastern Dublin Traffic
Impact Fee.
CITY shall provide a credit to OWNER for construction of The Improvements ifsuch
improvements are described in the Eastern Dublin Traf'fic Impact Fee and if such improvements are
constructed in their ultimate location.
All aspects of the above credits shall be governed by the City's Administrative Guidelines. The
amount of the credits shall be identified in a Credit Agreement between the CITY and OWNER.
In the event ofa conflict between this section 18, and the provisions of section 4 of the Community
Park Agreement, the provisions of section 4 ofthe Community Park Agreement shall controL
Section 19. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
[EXECUTION PAGE FOLLOWS)
IMPROVEMENT AGREEMENT
Central Pancway- Lockbart St to Fallun Rà atu'l FaHoD Rd 7 Ccrrtral Parkway to Denl Tree Dr
rago 10 of!.QH
IN WITNESS WHEREOF, the parties hereto have executed this AgreeIDCnt in duplicate at
Dublin, California, the day and year first above written.
CITY OF DUBLIN:
By ~d~}k4
Jan ockhart, Mayor
Date: (¡;Þ~/125
r .
OWNER
THE LlNS:
r"::.¿.~ £~tß,¿£';;;'z...yt.¡Jate: 6-6- v..-
Chang'Su-O-Lin (also ·lxt~wn a.s1ennifer Lin)
C;"" ~ #f7llfK.f rð-" p.o./"
/L.L."Þh,#;'7Hhd. Date:G (~C) T
~~g Li.en Un (also known as'Frederich or Frederic Lin)
a..>o7 Æ..!:I' ~C;¡ed"~¡:'''-'~( ~
ATTEST:
~~ ,¿ ,4' h:WC1' k7 Date: r', - 6- .
Yao Lin Wso known as Kevin Lin)
a, ~.ô ---##þ,q~ð-J1as.'p
--
o ...
Approved as to Form:
Attorney for Lin Family
Approved as to Form:
1r~. g.jJ¿
Elizabeth H. Silver, City Attorney
Date: 6'-¿. ).0",,:
LAND DEVELOPMENT CORPORATION
JMPROVEMENT AGREEMENT
Central Parkway- Lock1:1art St tq FIIII )tJ. Rd and Fallon Rd - Ccntnd Parkway to amt 1"rec Dr
P'I < 11 of!lH