HomeMy WebLinkAbout4.05 DublinRchStormDrainDFile # 00.1
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 1, 2005
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
FINANCIAL STATEMENT:
CITY CLERK
Acceptance of Improvements for Storm Drain Line D Along Fallon
Road and Central Parkway in Dublin Ranch, Area B
Report Prepared by: Melissa Morton, Public Works Director
1) Resolution
2) Location Map
3) Original Improvement Agreement
Adopt resolution accepting the improvements for Storm Drain Line
D along Fallon Road and Central Parkway in Dublin Ranch Area B.
Sierra Land Development Corporation has provided a Maintenance
Bond in the amount of $133,000 to guarantee against any defects in
the improvements. The City will incur maintenance costs for these
storm drain improvements.
DESCRIPTION: Sierra Land Development Corporation has constructed a 60-inch
storm drain line in the future Central Parkway alignment from Lockhart Street to Fallon Road, and a 54-
inch storm drain line along the future alignment of Fallon Road to the existing storm drain outfall at Bent
Tree Drive. These improvements were constructed in conformance with an Improvement Agreement
entered into with the Lin Family and the Sierra Land Development Corporation on September 21, 2004.
Sierra Land Development Corporation provided a Performance Bond and a Labor and Materials Bond,
each in the amount of $532,000, to guarantee performance of the work. Now that the work is complete,
these bonds may be released in accordance with the authority contained in §66499.7 of the Government
Code, and replaced with a Maintenance Bond in an amount necessary to guarantee the work for a one-
year period following acceptance. The developer has provided a Maintenance Bond in the amount of
$133,000, which is sufficient to guarantee the improvements for a one-year period after acceptance. The
Lin Family has provided the deeds for easements as required by the agreement.
Staff recommends that the City Council adopt the resolution accepting the improvements for Storm Drain
Line D along Fallon Road and Central Parkway in Dublin Ranch, Area B.
COPIES TO: Marty Inderbitzen, Lin's Attorney
u ' ITEM NO. 147.5
g:\develop\dublin ranch\infrastructure\sd line d -fallon & central pkwy\agst accept sd line d- fallon & central.doc
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RESOLUTION NO. - 05
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTANCE OF IMPROVEMENTS FOR
STORM DRAIN LINE D - FALLON ROAD & CENTRAL P ARKW A Y
DUBLIN RANCH, AREA B
WHEREAS, the Lin Family and the Sierra Land Development Corporation entered into an
Improvement Agreement on September 21, 2004, with the City of Dublin to construct storm drain
improvements in Dublin Ranch, Area B, in accordance with tbe plans entitled, Dublin Ranch Area B -
Storm Drain Lines D Improvements - Fallon Road & Central Parkway, prepared by MacKay & Somps,
signed by the Director of Public Works on September 7, 2004, and consisting of 8 sheets; and
WHEREAS, improvements associated with Stonn Drain Line D - PaBon Road & Centra!
Parkway are complete in accordance with said plans, and any approved modifications thereto, to thc
satisfaction of the Public Works Director; and
WHEREAS, the Lin Family has executed Easement Grant Deeds to the City of DubJin for Storm
Drain Line D; and
.. WHEREAS, the Perfonnance Bond and the Labor and Materials Bond can be released, in
., accordance with the authority contained in §66499.7 of the Goverrunent Code of the State of California,
and replaced with a Maintenance Bond to guarantee the completed work for a one-year period following
acceptance; and
WHEREAS, the Sierra Land Development Corporation has provided a Maintenance Bond to
guarantee the completed work for a one-year period;
NOW, THEREFORE, BE IT RESOLVED that:
1. The improvements completed with said project are hereby approved and accepted subject
to a one-year guarantee period; and
2. The original Performance Bond issued by Developers Surety and Indenmity Company,
(Bond No. 869007S) in the amollnt of$532,OOO be released; and
3. The original Labor and Materials Bond issued by Developers Surety and Indemnity
Company, (Bond No. 869007S) in the an10UIlt of$532,000 bc released; and
4.
The submitted Maintenance Bond issued by Developers Surety and Indemnity Company,
(Bond No. 869007S-M) in the amount of$133,000 be accepted as security for the aforesaid
one-year maintenance period, said period to commence on this date and tenninate on the
lst day of March, 2006.
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3-I-ö5 Ii.?
ATrACmNT I.
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PASSED, APPROVED AND ADOPTED this 1st day of March, 2005.
YES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G;UEVEL,QP\Dublin Ranch\rNFRASTURE\SD Line D\Reso aept imps.doc
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ATrACIDIENT 2- ~
,
IMPROVEMENT AGREEMENT
STORM DRAIN LINE D - FALLON ROAD & CENTRAL PARKWAY
Dublin Ranch, Area B
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This agreement is made and entered into this 21st day of September, 2004, by and between the
CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su-O-Lin (also
known as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) 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 Dublin
Ranch. Development projects in Dublin Ranch will be serve!Í by drainage improvements described in the
Dublin Ranch Master Drainage Plan prepared by MacKay & Somps. The portion of the Master Drainage
Plan identified as Storm Drain Line D along Fallon Road and Central Parkway is the subject of this
Improvement Agreement. Sie:rra Land is a legal entity controlled by the Lins that the Lins propose to use
to construct the improvements;
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 60" storm drain along Central Parkway from Lockhart Street to FalIon Road, a 54" storm
drain along Fallon Road to the existing 48" outfan from Area A, and a 24" storm drain
connecting to the existing outfan at the fire station. The Improvements shall be constructed in
accordance with the plans, Dublin Ranch, Area B, Starm Drain Line D Improvements -Fallon
Road & Central Par1çway, prepared by MacKay & Somps, approved by the City Engineer on
September 7, 2004 and consisting of 8 sheets. Theose plans are hereby reoferred to for a more
definite description ofthe work to be performed under this Agreement as set forth at length herein;
.
WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time
hereinaftc:r specified, and CITY intends to accept OWNER's offer(s) of dedication of right-of-way and
The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions of
this Agreement;
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 I.
Completion Time.
O'WNER will conunence construction of The Improvements within ninety (90) days following the
date on which CITY executes tJús Agreement. OWNER shall complete such Improvements no later than .
two years following execution of this agreement. Time is ofthe essence in this Agreement.
IMPROVEMENT AGREEMENT
Storm Draíil"¡ D" ~ Fa1Jon Rd &:. CcntrPl Pkwy, Du'þ]iJl LUnch
ATTAUIDIENT 3,
5rfb 0>
Section 2.
Estimated Cost of Imnrovements.
.
For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to
be $ 500,000. Said amounts include costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
Section 3.
Bonds Furnished.
Prior 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 Attorney:
a. Faithful Performance. Either a ca.sh 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 (l00%) of the estimates set forth
in para.graph 2 and sufficient to assure CITY that The Improvements will be satisfactorily
completed.
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b. La.bor 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 the estimates set
forth in Paragraph 2 and sufficient to assure CITY that OWNER'S contractors,
subcontractors, and other persons furnishing labor, materials, or equipment shall be paid
therefor.
CITY shall be the ~ole indemnitee named on any instrument required by this Agreement. My
instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map
Act.
Insurance Required.
Section 4.
Prior to commencing construction of the improvement~, OWNER shall obtain or cause to be
obtained and filed with the CITY, ali 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, OW"N"ER'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 carrkr. OWNER shall not allow any contractor or
subcontractor to commence 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 fun force and effect until the completion of work under this Agreement and the final
acceptance thereofby CITY. All requirements herein provided shall appear either in the body of the
insurance poHcies or as endorsements and shall specifical1y bind the insurance carrier.
a. Minimum Scope ofInsurance. Coverage shall be at least as broad as:
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(i)
Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liabilitv and Insurance Services Office form
~ROVEMENTAGRBEMENT
Storm Drain" D" . Fallon R.d & Celttral Pkwy, Du.blin Ranch
Page ZQI 9
Co fi{; I?
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 J "any auto" and endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor Cod~ of the
State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liability: $1,000,000 combined single limit per occurrence for
bodily iGjury, 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 thc general aggregate limit shall be twice the required
occurrence limit.
(ii) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(iii) Workers' ComDensation and Empiovers Liability: Workers' compensation
limits as required by the Labor Code of the State ofCaIifornia and .
Employers Liability limits of $1,000,000 per accidei}t.
c. Deductibles and Self-Insurance Retentions. Any deductibles or s~lf-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
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:
(1) General Liability and Automobile Liability Coveral!es.
(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, leased,
hired or borrowed by the OWNER. The coverage shall contain no
special limitations on the scope ofthe protection afforded to the
CITY, its officers, officials, employees or volunteers.
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IMPROVEMENT AGREEMENT
Storm: Drain It 0" . hUon.ltd & C=ntral Pkwy, Dl.lbHn Ranch
Pagd Of 9
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(ii)
(Hi)
ÎP[) t3
(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. .
(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 imureI's liability.
Workers' Compensation and EmPlovers Liability Coveralle. 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 OWNER for the CITY.
All Coveraaes.
Each insurance policy required by this clause shan 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) AcceDtabilitv ofInsurers. Insurance is to be placed with insurers
with a Bests' rating of no Jess than A: VII.
(b) Verification of Coverage. 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 complete,
certified copies of all required insurance policies, at any time.
(c) Subcontractors. OWNER andJor OWNER'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.
IMPROVEMF.NT AOREEMf.NT
Stmm Drain" 0" . FaHon R.d &. CenttaJ Pkwy. Dublin Ranch
P.go 4 of 9
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Section 5.
Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect, 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 (I) 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 a.I1y 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
corrected, the guarantee period shall automatically be extended for the correctod items for an additional
year to. insure that such defects have actually been corrected.
In tbe event the OWNER shall fail to comply with the conditions of the foregoing guamntee 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 herein to the contrary, in the event that any defect in workmanship or material
covered by the foregoing guarantee results in a condition which oonstitutc:s 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 statemënt reiating to hazards to health and safety shall be deemed to include eithertemporary or
permanent repairs wnich 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 expellsc:s of such repair or
work, twenty-five percent (25%) of such costs and expenses for overhead and interest at the maximum
rate of interest permitted by law accruing thirty (30) days from the date ofbHling for such work or repairs.
Section 6.
Inspection of the Work.
OWNER shall guarantee free access to CITY through its 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 aU materials and workma.nship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly by O\VNER and replaced to the satisfaction of CITY without any expense to CITY in strict
accordance with the Improvements plans and specifications.
Section 7.
Al!1"Cement Assil!IU11ent.
OWNER shall not assign this Agreement without the written consent of CITY, which consent
shall not be unreasonably wit!ùleld.
'MPROVEMENT AGREEMENT
Storm Dra.;n .1 D ~ ~ !<øllon Rd &. Central Pkwy, Dublin Ranch
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Section 8.
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 performance 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 benefit 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 otber security of breach of this Agreement, or of any
portion, thereof, and default of OWN ER.
In the event of any such notice of breach of this Agreement, OWNER's surety shall have the duty
to take overand complete The Improvements herein specified; provided, however, that if the surety,
within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written
notice of its intention to take over the perfonnance 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 0 WNER's surety shan be liabk to CITY for any damages
and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY,
a without liability for so doing, may take. possession of, and utilize in completing the work, such materials,
· appliances, plant and other property b~longing to OWNER as may be on the site of the work and
necessary therefor.
Section 9.
Notices
All notices herein required shall be in writing, and delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Melissa Morton
Public Works Director
City of DubJin
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
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The Lin Family
c/o James Tong
4690 Chabot Drive, Suite 100Pleasanton., CA 94588
IMPROVEMENT AGREEMENT
Storm Oni.il'l .. D" ~ Fallon R.d &. C¡:ß1I1I.1 Pkwy, DlIblín Ranch
PSSI:Ó of 9
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Notices requited to be given surety of OWNER shall be addressed as follows:
Gregory Pribyl
The Insco Dico Group
3100 Oak Road, Suite 260
Walnut Creek, CA 94596, California 94566
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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 in the
Official Records of Aiameda County.
Section 10. Safety Devices.
OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs,
warning lights, and other safety devices adjåcent 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 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, an fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on
the pll\Il$ 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 11. AcceDtance of Work and Easement.
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Upon notice of the completion of The Improvements and the delivery of a set of final as-built
mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his designated
representative, shall examine the work without delay, and, ¡ffound to be in accordance with said plans
and specifications and this Agreement, shall reconunend acceptance of the work to the City Council and,
upon such acceptance, shall notify OWNER or his designated agents of such acceptance.
ConcWTently with the notice of completion, 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 in Exhibit A.
Section 12. Patent and Convriaht Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duiy registered patent or copyright, OWNER shall be liable for, and shal)
indemnify CITY ftom any fees, costs or litigation expenses, including attorneys' fees and court costs,
which may result ftom the use of said patented or copyrighted material, process or publication.
Section 13. Alterations in Plans and SDecifications.
Any alteration or alterations made in the plans and specifications which are a part of this e
Agreement or any provision of this Agreement shall not op~te to release any surety or sureties from
IMPROVEMENT AORBEMENT
Storm Drain" D" - Fallon a.d &. Ccnt:rlll PkvIy~ Dublin Ran¡;:h
P..., 7 of 9
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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 Qfthe State ofCalifomia.
Section 14. 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 indemnify, defend, release, and save harmless CITY, and each ofits
elective and appointive boards, conunissions, 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 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 harnùess agreement, because of
the acceptance by CITY, or the deposit with CITY by OWNER, of any of
the insurance policies described in Paragraph 3 hereof.
_
(ii) That the aforesaid hold harmless agreement by OWNER shall apply to all
damages and chums for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in tills
paragraph, regardless of whether or not CITY has prepared, supplied, or
approved of plans and/or specifications for the subdivision, or regardless of
whether ór not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
b. Design Defect. If, in the opinion of .1 he CITY, a design defect in the work of
Improvements becomes apparent during the course of construction, or within one
(l) year following acceptance by the CITY ofthe Improvements, and said design
defect, in the opinion of the CITY, may substantially impair the public health and
safety, OWNER shall, upon order by the CITY, correct said design defect at his
sole cost and expense, and the sureties under the Faithful Performance and Labor
and Materials Bonds shall be liable to the CITY fOf the corrective work required.
c. Liti~ation Exvenses. 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 shaH 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 under Section 3.
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Section 15. Riwt of Entrv.
CITY grants to OWNER a right of entry to enter upon the property within Fallon Road with such
IMPROVEMENTAGREEMF.NT
Stu'I"n'I Drain" D" . Fallon Rd &. C~traI Pkwy, Dublin Ranch
PS!CI 8 of 9
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personnel, 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 upon acceptance of The Improvements by the City. -
There shall be 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. Indemnification 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 indemnity 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 failure to enforce or comply
with atly applicable laws.
Section 18. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and yeãr first above written.
OWNER:
~~ ~, £;.~ate: 9-,f"<>~
Chan Su-Q-Lin (also known Jennifer Lin)
6h~?':f¥ rrM ¿;?6,$''''"T
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H ng L~ Lin (also known as rederich or Frederic Un)
ç;.,.. ~ .;;¿-~,;..,./ #"t=ð<r
~ Y.-'~4~ Date: ý'~-~ý
ong'Yao Lin (also kÍlOWIJ as Kevin Lin)
Þ ¡{:....,. A;f/i"drJ H¿-a .A' é--;s:"r T -
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CITY OF DUBLIN;
Bt':L'--f~.iì:5I
et L~ Mayor
Date: 9 04
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ATTEST:
. AND DEVELOPMENT CORPORA nON
Date; /~/'c..>-/
Approved as to Form:
·flWi- N. S;u
Elizabeth H. Silver, City Attorney
Approved as to Form:
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Martin W. Inderbitze ,
IMPROVEMENT AGREEMENT
S,""" DraiTI . D'" - Panon Rd Ik. C.nlral Pi<wy. Dublin Ranoh
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EXHIBIT A
EAseMENTS
e Real property in the City ¡:¡f Dublin, C¡:¡unty of Alameda, State of California, described as follows:
Parcels 8,~~ and 16 as shown on the Final Map of Trac17281, filed s.;t,1., 2DD4, Map BooK.2,]l, 'pages
..st... to ---ØJ:L inclusive, Alameda County Records,
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IMPROVFMENT AGREEMENT
Storm Draifl '" DH _ Fanon Rd &. Contral Pkwy, Dublin R.e.nch
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