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Home My WebLink AboutItem 4.03 AmendDevAgmtTr7326CTTY CLERK AGENDA STATEMENT CTTY COUNCTL MEETING DATE: September 2, 2003 SUBJECT: Amendment to Tract Developer Agreement, Tract 7326 Dublin Ranch Area G, Neighborhood H-1 (Toll-Dublin, LLC) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: RECOMMENDATION: FINANCIAL STATEMENT: 1) 2) 3) Resolution Amending the Tract Developer Agreement for Tract 7326, together with Exhibit "A" of Resolution Original Tract Developer Agreement with Toll-Dublin, LLC, for Tract 7326 improvements Location Map /Adopt Resolution extending the completion date of the Tract Developer Agreement for Tract 7326 to September 3, 2004 Toll-Dublin, LLC, has provided a Performance Bond and a Labor and Materials Bond to guarantee construction of public right-of-way improvements, including landscaping, and required site improvements, and will pay the cost of the associated construction inspection. DESCRIPTION: On September 3, 2002, the City Council via Resolution No. 157-02 authorized the Mayor to execute a Tract Developer Agreement with Toll-Dublin, LLC, for public right-of- way and site improvements associated with Tract 7326. This subdivision is comprised of 289 multi- family dwelling units (condominiums) located in Eastern Dublin, east of Tassajara Road, north of Dublin Boulevard, south of Central Parkway and within the southwest comer of Area G of the Dublin Ranch Development. Per the Agreement, the developer was allowed 365 calendar days to complete the improvements. Although the improvements are nearing completion in accordance with the approved plans and specifications, certain improvements will not be finished prior to the expiration date of the Agreement. The City Engineer has determined that it is in the best interest of the City to extend the Agreement. The improvements will continue to be guaranteed by the original Performance Bond and Labor and Materials Bond, and the Developer's insurance will remain in effect as required by the original Agreement. Staff recommends that the City Council adopt the Resolution extending the Tract Developer Agreement for Tract 7326 by one year, or until September 3, 2004. COPIES TO: Richard M. Nelson, Toll-Dublin, LLC / c~l ITEM NO. ~ G:~DEVELOP\Dublin Ranch~Arcas G\H1 ~ Tract 7326~agst amend ~r dcv agmt_ Tr 7326.doc RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 7326 (DUBLIN RANCH AREA G, NEIGHBORHOOD H-1 BY TOLL-DUBLIN, LLC) WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll-Dublin, LLC (hereinafter referred to as "DEVELOPER"), entered into a Tract DevelOper Agreement (hereinafter referred to as "AGREEMENT") on September 3, 2002; and WHEREAS, Section 1 of said AGREEMENT states that DEVELOPER shall complete all improvements governed by the AGREEMENT not later than 365 days following the date of execution; and WHEREAS, since the improvements will not be complete within the timeframe anticipated in the original AGREEMENT, it is in the best interest of the CITY to extend the completion date of the AGREEMENT by one year, or until September 3, 2004; and WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set forth in the AGREEMENT, and all terms and conditions which are not specifically modified by this Amendment shall remain in full force and effect; NOW, THEREFORE, BE IT RESOLVED that the Amendment (Exhibit "A" of this Resolution) to the Tract Developer Agreement for Tract 7326 is hereby approved, extending the completion date by one additional year, or until September 3, 2004. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 2nd day of September, 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:\DEVELOP\Dublin Ranch~Areas G\H1 - Tract 7326~reso amend tr dev agmt_ Tr 7326.doc EXHIBIT "A" OF RESOLUTION NO. -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR TRACT 7326 (DUBLIN RANCH AREA G, NEIGHBORHOOD H-l) BETWEEN CITY OF DUBLIN AND TOLL-DUBLIN, LLC WHEREAS, the City of Dublin (hereinafler referred to as "CITY") and Toll-Dublin, LLC (hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter referred to as AGREEMENT) on September 3, 2002; and WHEREAS, Section 1 of said AGREEMENT states that the DEVELOPER shall complete all improvements governed by the AGREEMENT not later than 365 days following the date of the execution; and WHEREAS, the DEVELOPER has agreed to amend the AGREEMENT to extend the completion date by 365 days, or until September 3, 2004; and WHEREAS, it is in the best interest of the CITY to extend the completion date of the AGREEMENT; and WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set forth in the AGREEMENT, and all terms and conditions which are not specifically modified by this Amendment shall remain in full force and effect; NOW, THEREFORE, the parties hereto agree as follows: Completion time for the improvement work governed by the AGREEMENT is hereby extended to September 3, 2004. CITY OF DUBLIN Mayor Date: Toll-Dublin, LLC a California Limited Liability Company By: ~-,~- Its: Assistant Secretary Date Print Name: ~t:t/./W~ /i~. /1,/~'/.5.o~,/ ATTEST:- City Clerk By: Its: Assistant Secretary Date Date: Print Name: G:kDEVELOP\Dublin RanchkAreas GkH1 - Tract 7326\Ex 'A' reso amend tr dev agmt_ Tr 7326.doc CALIFORNIA ALL, PURPOSE ACI(NOWLEDGMENT State of California C personally appeared C0mm.~ 1400009 In NOTA~t¥ I~USLIC. CALIFORNIA w Name(s) .of Signer(s) ~:personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)., and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI/T'N~SS my hand anN offic~t¢l seal.. /¢ Place Notary Seal Above ~ ~v ~ ~ ' Signature of i~otary Public / OPTIONAL Though the information below is not,required by law, 'it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: :Signer(s) Other Than Named.Above: Capacity(les) Claimed by Signer Sig her's Name: r- Individual [] Corporate Officer-- Title(s): [] Partner- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top c:¢ thumb here ~ lggg National Notary Association * 9350 De $oto Ave., P.O. Box 2402 * Chatsworth, CA g131~.2402 * www. nationa~otary, o rg Prod. No. 5907 Reorder:. Call Toll-Free 1-800-876-6827 CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into thisk_~)'~ay of"~)~/)-/'', , 2002, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Toll-Dublin, LLC, a California Limited Liability Company, hereinafter referred to as '"DEVELOPER". RECITALS WHEREAS, it has been determined by the CITY Council of the CiTY of Dublin, State of California, that DEVELOPER, the subdivider of Tract No. 7326, desires to improve and dedicate those public improvements and other required site improvements (hereafter "The Improvements") required by .City of Dublin Planning Commission Resolution No. 02-03 adopted on 1/08/02 in accordance with the requirements and conditions set forth in Said resolution, the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plans and specifications for said development approved by CITY on May 30, 20021 titled "improvement Plans - Dublin Ranch Area G - Site H1, Tract 7326, May 2002" (Sheets I through 22) by'MacKay & Somps, titled "Landscape Improvement Plans for Dublin Ranch H-I" prepared by Rose Associates and approved by City inS'¢m~.~e~¢, 2002, and "Joint Trench Composite Plans, Tract 7326, Neighborhood H-l, Area G" prepared by Robert Gray & Associates and approved by City on ,~r~_.~.~, 2002, said plans are now on file in the office of the Public Works Director/City .Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, DEVELOPER intends to satisfactorilY complete'The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. DEVELOPER will commence construction of The Improvements Within thirty (30) days following the date on which CITY 'executes this Agreement. DEVELOPER shall complete said work not later than three hundred sixty-five (365) days following said date of execution. Time is of the essence in, this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans of The Improvements, including any authorized modifications. G:\DEVELOFADublin Ranch~Areas F-G-H\H1 - Tract 7326\Tract Developer Agmt.doc 2. Estimated Cost of Improvements. The estimated coSt of constructing The Improvements required by this agreement as adjusted for inflation is agreed to be $1,085,830 for site improvements and $538,485 for landscaping for a total cost of $1,624,315.00. Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. 3. Bonds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following secudty in a form satisfactory to the CITY Attorney: A. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred per cent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. B. Labor and Materials. Either a Cash deposit, a corporate' surety bond issued by a company duly and legally licensedto conduct a general surety business in the State of California, or an instrument of credit equivalent to one-hundred per cent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons fumishing labor, materials, or equipment shall be paid therefor. C. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit sufficient to assure CITY that the surface water drainage of the subdivision shall not interfere with the use of neighboring property, including public streets and highways. CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. 4. Insurance Required. Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, or his designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, as to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so Obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall G:\DEVELOP\Dublin Ranch~Areas F-G-H\H1 - Tract 7326~Tract Developer Agmt. doc Page 2 appear either 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: 1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 .) 2) insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code I "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liability: $1,000,000 combined single.limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the. Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and'Self-insurance Retentions. Any deductibles, or self- insured retentions must be declared to and approved by the CITY. At the. option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability 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.the DEVELOPER; G:\DEVELoP\Dublin Ranch~Areas F-G-H\H1 -Tract 7326\Tract Developer Agmt.doc Page 3 products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER~ The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, em ployees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and' Employers Liability 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 performed by the DEVELOPER for the CITY. 3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. a) Acceptability of Insurers. 'Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coverage. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and. endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. G:\DEVELOP\Dublin RanchV~reas F-G-H\H1 - Tract 7326\Tract Developer Agmt.doc Page 4 c) Subcontractors. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5. Work Performance and Guarantee. Except as otherwise expressly' provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or 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 fora period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or ali such work or material, together with alt 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 an additional year to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the 'public health, safety, or welfare, CITY shall have the right to immediately repair, or cause, to be repaired, such defect, and DEVELOPER shall pay to CiTY on demand all costs and expense of such repair. The foregoing, statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such' repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 6. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its Public Works Director/City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and.workmanship which are not in accordance with the. plans and specifications, and all such materials and or work shall be removed promptly by G:\DEVELOP\Dublin Ranch~Areas F-G'H\HI - Tract 7326\Tract Developer Agmt.doc Page 5 DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 7. Agreement Assiqnment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY. 8. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of' DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such 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 DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its Public Works Director may serve, written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEV.ELOPER.. 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,ldoes 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. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 G:\DEVELOP\Dublin Ranch~Areas F-G-H\HI - Tract 7326\Tract Developer Agmt. doc Page 6 Notices required to be given to DEVELOPER shall be addressed as follows: Toll-Dublin, LLC c/O Toll Brothers, Inc., Northern Califomia Division Attention: 100 Park Place, Suite 140 San Ramon, CA 94583 (contact name) Notices required to be given surety of DEVELOPER shall be addressed as follows: Company Name: ~ ~-~-~,,1 ~ ~ ~/--x~/ ~¢.~~ ~_~,~ Attention: ~/o ~'/~ 1~,'~ ~,~-,,f.-~..¢~ --/¢~/~¢-z O4 Street Address: City: /,¢~ o/i , State: /~¢ , Zip Code: / 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. 9. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final, acCeptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. G:\DEVELOP~:)ublin Ranch~Areas F-G-H\H1 - Tract 7326\Tract Developer Agmt. doc I Page 7 10. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating, the said fences, barriers, signs, .and other safety devices. At the end of all work, to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed' from site of the work by the DEVELOPER, and the entire site left clean and orderly. 11. Acceptance of Work. Upon .notice of the completion of all tract work and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his. designated representative, 'shall examine the tract work without delay, and, if found to be in accordance with said plans and specifications and this. Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance. 12. Patent and Copyri,qht Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, Which may result from the use of said patented or copyrighted material, process or publication. 13. Alterations in Plans and. Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and. made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 14. Liability. A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its. elective .and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes-of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or G:\DEVELOP\Dubltn RanchV~reas F-G-H~Jfll - Tract 7326\Tract Devetoper Agmt, doc Page8 independent contractors in connection with. DEVELOPER'S actions and obligations hereunder; provided as follows: 1 ) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or'the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claimS for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective .work required. 4) Liti.qation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically 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 attomeys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 15. Recitals. The foregoing Recitals are true and correct and are made a part hereof. G:\DEVELOP\Dublin Ranch~Areas F-G-H\H1 - Tract 7326\Tract Developer Agmt. doc Page 9 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 ATTEST: DEVELOPER Typed or Printed Name Title EHS:da May 4, 1999 G:\DEVELOP\Dublin Ranch~,reas F-G-H\H1 - Tract 7326\Tract Developer Agmt.doc G:\DEVELOP\Dublin Ranch~Areas F-G-H\H1 - Tract 7326\Tract Developer Agmt.doc Page 10 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California Countyof t~&v~-~C--~O~- on ' Date personally appeared SS. beforeme, ~',4c~v% (~('\~¢--~- ~ Name and Titie of ~icer [e.g., "Jane Doe, Notaw Public"} Name(s) of Signer(e) ~personally known to me ~ proved to me on the basis of satisfactow evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the perSon(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my..ha~cial seal. Place Notary Seal Above /~~S~g~nature of~totar~ Public OPTIONAL Though the information be/ow is no! required by/aw~ it may prove va/uab/e to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ' ~ [] Individual ~ IToD of thumb here [] Corporate Officer -- Title(s).~,~ [] Partner -- [] Limited ?,~¢~neral [] Attorney in Fact ' J [] Trustee [] Guardian or/~onservator [] Oth,~ ... Signals Representing: .,~ © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 ?ARCEL 2 TRACT: 714B 257 M'~ 3-7' A=27'00',t2' BNDY. LOf 10 LOT 11 &(OUHT DiACLO T~WER - N.SO$,lSG.T'/, ir ),592,180.48 .... usc~¢s ,ST ORm~R ST, Al{OH CCS ~ Fa..r ~P ,/PU~S~m CAP "~ o · ,/ ~ TRACT 7N8//~ ~A~CEL a ~ ~- ~57~. -7 ~ ;,~ ,.. w/. . x . ~ ~ ~B~ 0.8' ~PB r~LO~-194¢ R 786' ~ ~ )'~ ~ Nj~)~789.03, ~1.610,047.54. 2~ O~ 9 LOT TRACT 73~'6 CO~PLIES ~t/IIH ~T PORBOH OF SECTIOH 8817 OF ~E ~O SUR~S' A~,~ ~A~: *~ OR ~ ~NU~Y I, 1995, ~ ~LCIS, THE USE S~ BE UU~ 10 COS 8~. BBNO ~i ff ~ A ~ S ONOR ~UND~;~ Su~IH~RE'~ '27. Zo~E CO0~l~3. ~ ~ ~ED U~N LOT 1 ~'4L(~I,AIZlIqBRIDcE~i~. 93.28' N88°47'0~1 LOT 13 LOP 3 / R:2391 &=01"56'41" ))UBIJN R=76' / L=81.10' 8HDY. 1'06'5T~ , ~08~B~ L=14.74' .NDZ / R=2382' PARCEL g %N7¢14'II"W 25.17' BNDY. FOR Z,_~OENp__ TRACT: CONDOMINIUM PURPOSES A SUBDI¥ISION OF PARCEL '15' OF TIt~CT 714§, AS FILED ON FEBRUARY 14, 2001, IN BOOK 257 OF MAPS, PAGES 3-7, 'Ar3_MEDA COUNTY RECORDS CITY OF DUBLIN ALAMEDA COUNTY, CALIFORNIA AUGUST, 2002 =I IAeKAY& SOIilPS LOCATION MAP