HomeMy WebLinkAbout4.04 Approval of Improvement Agreement with the Lin Family and Sierra Land Development Corporation for Lockhart Street – Central Parkway to Gleason DriveCITY CLERK
SUBJECT:
File #
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 3, 2005
Q
a
Approval of Improvement Agreement with the Lin Family and
Sierra Land Development Corporation for Lockhart Street - Central
Parkway to Gleason Drive.
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: 1) Resolution approving Agreement, together with Exhibit "A",
Agreement
2) Location Map
RECOMMENDATION: A Adopt resolution approving the Agreement with the Lin Family
and the Sierra Land Development Corporation for Lockhart Street -
Central Parkway to Gleason Drive.
FINANCIAL STATEMENT: Sierra Land Development Corporation is providing bonds to
guarantee construction of the improvements and will pay the cost of
construction inspection. Once improvements have been constructed
and accepted, the City will incur maintenance costs.
DESCRIPTION: As part of the infrastructure for Dublin Ranch, the Sierra Land
Development Corporation (for The Lin Family) has been constructing various roadway improvements
that serve the Dublin Ranch project. This Improvement Agreement with the Lin Family and the Sierra
Land Development Corporation is for the construction of Lockhart Street between Central Parkway and
Gleason Drive, including all median curbs, frontage curbs, pavement, storm drainage, sanitary sewer,
water, joint trench and street lighting improvements. Improvements include modifications to the traffic
signal at Gleason Drive, and conduit for future traffic signals at the entrance to Fallon Sports Park and at
Central Parkway. Improvements do not include landscaping and walkways, which will be installed with
the adjacent developments. This section of roadway will be the western frontage of Fallon Sports Park.
The Improvement Agreement describes the improvements to be constructed, requires bonding and
insurance prior to the start of construction, and requires that right-of-way be dedicated to the City prior to
the City's acceptance of the improvements. The improvement plans have been reviewed by City Staff.
Staff therefore recommends that the City Council adopt the resolution approving the Agreement with the
Lin Family and the Sierra Land Development Corporation for Lockhart Street - Central Parkway to
Gleason Drive.
COPIES TO: Marty Inderbitzen, Lin's Attorney
James Tong, Sierra Land Development
ITEM NO.
it. 4 9-V
g:\develop\dublin ranch\infrastructure\lockhart street (gleason-central pkwy)\agst imp agmt - lockhart st.doc
lib':?
RESOLUTION NO. - 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
LOCKHART STREET - CENTRAL PARKWAY TO GLEASON DRIVE
WHEREAS, the Lin Family and the Sierra Land Development Corporation, the devclopers 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 hnprovell1ent Agreement to install said roadway improvements for
Lockhart Street - Central Parkway to Gleason Drive in accordance with approved improvement plans; and
WHEREAS, said Improvement Agreement is secured by a bond furnished by Developers Surety
and Indemnity Cornpany in the amount of $1,434,000 for the improvements (Bond No. 869068S),
conditioned upon faithful performance of said Agreement; and
WHEREAS, said hnprovement Agreement is secured by a bond furnished by Developers Surety
and Indcmnity Company in the amount of $1,434,000 for the improvements (Bond No. 869068S),
conditioned upon payment for labor performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said hnprovell1ent 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 3rd day of May, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
6·? -05 <4. i
g,ldevelop\dublin rofieliljnfi'astrueture\loekhart street (gleason-een"a! pkwy)'<e,nlution imp .ge"" - locldlart ,t.doe A TT A CBMENT I.
City Clerk
:;;-6 \~
IMPROVEMENT AGREEMENT
LOCKHART STREET - CENTRAL PARKWAY TO GLEASON DRIVE
Thi~ agreement is made and entered into this 3rd day of May, 2005, by and between the CITY of
Dublin, a mllnicipal corporation, hercinafter refcrred to as "CITY", and Chang Su-O-Un (also known as
Jennifer Lin), Hong Lien Un (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 Lias and Sierra Land are hereinatkr referred to collectively as "OWNER").
RECITALS
WHEREAS, the Lins are owners of certain land within the City of Dublin, known as Dublin
Ranch. The City has approved certain development projects in Dublin Ranch that require the
constrllction of the improvements that are the subject of this hnprovement Agreement. Sierra Land is a
legal entity controlled by the Lins that the Lins propose to use to construct the improvements;
WHEREAS, it has been detennined 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"):
Lockhart Street from Central Parkway to Gleason Drive, including all median curbs, frontage
curbs, pavement, storm drainage, sanitary sewer, water, joint trench and street lighting
improvements. The Improvements jnclude modifications to the traffic signal at Gleason Drive,
and conduit for future traffic signals at the park entrance and at Central Parkway. The
Improvements do not include landscaping and walkways. The hnprovements shall be
constructed in accordance with the following referenced plans, which are hereby referred to for a
more definite description of the work to be performed under this Agreement as though set forth at
length herein;
· Improvement Plans, Dublin Ranch - Central Park1vay to Gleason Drive prepared by
MacKay & Somps, approved by the City Engineer and consisting of 13 sheets.
· Gleason Drive at Lockhart Street Traffic Signal Improvements prepared by TJKM
Transportation Consultants consisting of 6 sheets.
· Joint Trench Composite & Street Lighting Plan -Lockhart Street 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-of-way and
Thc Improvements in consideration for OWNER's satisfactory performance of the temlS and conditions
of this Agreement;
WHEREAS, the Lins and CITY have previously entered into an Agreement Regarding
Community Park. in Duhlin Ranch, dated March 15,2005, which agreell1ent contains certain conditions
regarding the construction of Lockhart Street.
WHEREAS, CITY bas detmmincd that The Improvements arc a public works subject to
IMPROVEMENT AGREEMENT
Luckhart Street Ce.tltral Parkwl\Y to G1c8!!On Street
EXHIBIT A.
7!:o 'th~ it'e.sO/u#Þ'l
31>1':':'
California prevailing wage requirements;
NOW, THEREFORE, in consideration ofthe mutual promises, conditions and covenants herein
contained, the parties agrec as follows:
Section I.
Completion Time.
OWNER will commence construction of The Improvements within ninety days following the date
on which CITY executes this Agreement. OWNER shall complete such Improvements no later than two
years following execution of this agreement. Time is of the essence in this Agreement.
Section 2.
Estimated Cost ofImorovements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to
be $ 1,434,000. 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 (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 cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or
an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth
in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily
completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or
an instrument of credit equivalent to one hundred percent (100%) ofthe 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 sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conforn1 to the provisions of Chapter 5 of the Subdivision Map
Act.
Section 4.
Insurance Required.
Prior to commencing construction of the improvements, OWNER 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 Adll1inistrative Services Director of CITY, or his designee, as to fonn, amount
and carrier. Prior to the eommencell1ent 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 have been approved by the Administrative
Services Director or CITY, as to forll1, amowlt and carrier. OWNER shall not allow any contractor or
subcontractor to comll1ence 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
IMPROVEMENT AGREEMENT
Lockhart Strœt ,., Celltl'al Parkway to OIC8!iOn Slrc=ct
Page 2 of II
~I~
maintained in full force and efÎeet until the completion of work under this Agreemcnt and the final
acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insuranec rarrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office fonn numbcr GL 0002 (Ed. 1/73) covering
eomprehensivc General Liability and Insurance Services Office fonn
number GL 0404 covering Broad Forro Comprehensive General Liability;
or Insurance Services Office Commercial Gencral Liability coverage
("occurrence" form CG 0001.)
(ii) Insurance Services Office form number CA 000 I (Ed. 1/78) covering
Automobile Liability, code I "any auto" and endorsement CA 0025.
(iii) Workers' COll1pensation insurance as required by the Labor Code of the
State of California and Ell1ployers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liability: $1,000,000 combined single limit pcr occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit.
(ii) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(iii) 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. DeduetibIes 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 eliminatc such deductibles or self-insurcd
retentions as respects the CITY, its officers, officials and employees; or the
OWNER shall procure a bond guaranteeing paymcnt 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:
(i) General Liability and Automobile Liability Coverages.
(a) The CITY, jts of1'iecrs, agents, officials, employees and vohmteers
shall be named as additional insureds as respects: liability arising
IMPROVEMHN1' AnREEMilNT Page J of] I
LDckhart Street - Central Parkw<1.Y to Gle;:lsol1 Stæd
6t\3
out of activities performed by or on behalf of the OWNER; products
and eompletcd operations of the OWNER; premises owned,
occupied or Ilsed by the OWNER; or autoll10biles 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.
(b) The OWNER's insurance coverage shall be primary insurance as
respects the CITY, its officers, officials, cmployees 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 ofthe policies shalJ
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
(d) The OWNER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
(ii) Workers' Compensation and Employers Liability Coverage. 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.
(iii) All Coverall: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 covcrage or in limits except after thirty (30) days' prior written notice by
ecrtiììcd mail, return receipt requested, bas been given to the CITY.
(a) Acceptability ofInsurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII.
(b) Verification of Coveral!e. OWNER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage reqllired by this clause. The certificates and cndorsements
for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalC The certificates and
endorsements are to be reecived and approved by the CITY before
work commences. The CITY reserves the right to require complete,
certified copies of all required insuran.ce po1ieies, at any time.
(c) ;Subcontractors. OWNER and/or OWNER's general contractor shaU
include all subcontractors as insureds under its policies or shaU
obtain scparate certificates and endorsements for each
IMPROVEMENT AGREEMPNT P.ge 4 of II
tockhart Street - Central Parkway to Gl~ð.~O[l Street
l.i>Jb I;.
subcontractor. All coverages for subcontractors shall be subject to
aU oftbe requirements stated herein.
Section 5.
:W~Qrk Performance and Guarantee.
Except as othcrwise 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 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
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 till1e 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 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 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, 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 from the date of billing for such work or
repaIrs.
Section 6.
Inslìection 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 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 satisfaetiOll of CITY without any expense to CITY in strict
accordance with tbe Improvements plans and specifications.
Section 7.
Agreement Assignment.
OWNER shall not assign this Agreement without the written consent of CITY, which consent
IMpROVEMENT AGREEMENT
LuckhiJ.rt Stre:e:L Central Pa.rkway tQ Gleason SLreet
Page:5 of 11
-l~ t 30
shall not be unreasonably withheld.
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 diligenec as will insure its completion within the time specified, or any extcnsion thereof, or fails to
obtain completion of said work within such time, or if OWNER should be adjudged as bankrupt, or
should makc a gcneral assignment forthe 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 ofthc provisions of this Agreement, the CITY through its City Enginecr 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.
In the event of any such notice of breach 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 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
prosceute the samc 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 take possession ot: and utilize in completing the work, such matcrials,
appliances, plant and other property belonging 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 rcquircd to be given to CITY shall be addressed as foUows:
Mark Lander, City Enginecr
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 FanÜly
c/o James Tong
IMPROvEMEN·r AGREEMENT
Lockhart Stõt:et- Cenlral PEtrkw!I}' 10 GleaSQn. tHrcct
Page6ot"J~
'3t'3
4690 Chabot Drive, Suite 100Pleasanton, CA 94588
Notices required to be given surety of OWNER shal1 be addrcssed as fol1ows:
Gregory Pribyl
The Insco Dieo Group
3100 Oak Road, Suite 260
Walnut Creek, CA 94596, California 94566
Any party or the surety may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
Concurrently with tl1e 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 Alameda County.
Section 10. Safety Devices.
OWNER shall provide and maintain such guards, watchmen, fences, bairiers, regulatory signs,
warning lights, and other safety devices adjacent to and on the site of The Improvements as may be
necessary to prevent accidents to the public and damage to the property. 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 II. Acceptance of Work and Easement.
Upon notice of the eomplction of The Improvements and the delivery ofa set offmal as-built
mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his designated
representative, shall examine the work without delay, and, if found to be in accordance with said plans
and specifications and this Agreement, shall recommend acceptance of the work to the City Council and,
upon such acceptance, shall notify OWNER or his designated agents of such acceptance.
Concurrently with the notice of completion, OWNER shall dedicate to CITY any right of way
and easements deemed necessary by the City Engineer for the maintenance of The Improvell1ents,
and, at acceptancc of the Work, CITY shall also accept the right-of-way and maintenance easement
dedication. The right of way and easement dedications shall be in substantially the form attached
hcreto as Exhibit A.
Section 12. Patent and Copyright Costs.
In tht:1 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 shaU
indell1nify 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.
IMPROVEMHNT AGREEMENT
Lúçld]'IITt Stre~t - Centra! Parkway to Gleason Slrc=:!:t
Page7ofl1
t1iIQ 1.,3
Section 13.
Altçrations in Plans and Specifications.
Any alteration or altcrations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shaU 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.
Scetion 14. Liabilitv.
a. OWNER Primarilv Uable. OWNER hereby warrants that the design and
construction of The Improvements will be performed in á proper manner. OWNER
agrees to indemnifY, defend, release, and save harmless CITY, and each of its
elective and appointive boards, commissions, officers agents and employees, from
and against any and all loss, claims, suits, liabilities, actions, damages, or causes of
action of every kind, nature and description, directly or indirectly arising 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 harmless 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 hannless 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, Of 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. Design Defect. If a design defect in the work of Improvell1ents becomes apparent
during the course of construction, or within one (1) year following acceptance by
the CITY of the Improvements, and said design defect, in the opinion of the CITY,
may substantially impair the public health and safety, OWNER shaH, 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
sole cost and expense, and the sureties under the Faithful Performance and Labor
and Materials Bonds shall be liable to the CITY for the corrective work required.
c. Litigation Exnenses. In the event that legal action is instituted by either party to
this Agreement, and said action seeks damages for breach of this Agfeement or
seeks to specitïcally enforce the terms of this Agreement, and, in the event
judgment is cntered 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 under Section 3.
IMPROVEMENT AGREEMENT
Luckharl Slree(" Celltr~J Parkway to Gleason Slre~t
Page 1:1 of] I
IO~0
Section 15. Right of Entrv.
CITY grants to OWNER a right of entry to enter upon thc property within Gleason Drive and
Central Parkway with such personnel, equipment, machinery, vehicles and materials as may be llecessary
for the sole purpose of cOllstruction 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 ofcntty.
Section 16.
Indemnification and Waiver.
OWNER shal1 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 indenmifYand 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 any applicable laws.
Section 18. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IMPROVRM"NT AGREEMENT
Lockhart :-)trcet - Central P!ukwlIY to Gleason ~tmct
Pagç90fl1
\\tl,¿
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:
OWNER:
Date:
:;' ? ,,, £"'''/':/7 Date: /~/a; -".\j"-
Chal Su-O-Lin (also kllown as Jennifer Lin)
rib Þ fi*/?JI,.A!!ti'.../ ~ .
....., <t;-" ~ Date: ~/</.-.oJ J-~
H ng Lien Lin (also known as rederich or Frederic
Lin) B.o ,e..b Ak";7#<>/u/'-¡;:..£) ,.lZðp
By:
Janet Lockhart, Mayor
ATrEST:
By:
Kay Keck, City Clerk
. ~Date: ¿/--n,/ - ÇJ .-
ao Lm (also known as Kevin Lin)
Þ' A?<r?W~~þ-<-'"~1 /..2~~
SI
ong, Secretary
Date:~(/-':>4 -
Date:
LAND DEVELOPMENT CORPORA nON
]a
Approved as to Form:
Approved as to Fo
~~ifÛ
Elizabeth H. Silver, City Attorney
Martin W. Inderbitzen, Art
y for Lin Family
[MPROVEMENT AGREEMENT
Lutkhan Street -- Ü,mtrall:'arkway to G le..asol1 Stfcct
Page 10 ùf II
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LEGEND:
PARCEL 13
TRACT 7~81
300
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PAE
PSE
POB
POC
ROW
PUBLIC ACCESS EASEMENT
PUBLIC SERVICE EASEMENT
POINT OF BEGINNING
POINT OF COMMENCEMENT
RIGHT OF WAY
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PARCEL 13
TRACT 7281
(277M82)
POB
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R~ 1336.00'
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PARCEL 13
TRACT 7201
EXHIBIT "A"
PLAT TO ACCOMPANY DESCRIPTION
LOCKHART STREET ROW, PAE " PSE
CHANG SU-O UN PROPERTY
CITY OF DUBUN
C\l1F'0A1'II1-"
COuNTY OF AL,.6J.,tEOA
mACICAYi...s
INFRASTRUCTURE GROUP
ENGINEERS .. p~N£A5 . SuffVtfOll!S
$AN fWlON, CA. g458J (~~~) 901-1190
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SC,AU:: ,-.300' CAT[: QiI 07 05 JOB NO. 11.:1117 17
ROBERT CHAN
THE BASIS or BEARING IS RECORD PER 277M82
THE DISTÞNCES SHOWN ARE GROUND DISTANCES.
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