HomeMy WebLinkAbout4.06 AmendTDA PM7714 CITY CLERK File# 600-30
AGENDA STATEMENT
CI'TY COUNCI'L MEETI'NG DATE: June 17, 2003
SUBJECT: Amendment to Tract Developer Agreement, Parcel Map 7714,
Alameda County Surplus Property Authority (ACSPA)
Report Prepared by: Lee S. Thompson, Public l/Vorks Director
ATTACHMENTS: 1) Resolution Amending the Tract Developer Agreement
for Parcel Map 7714, together with Exhibit "A"
2) Original Tract Developer Agreement with ACSPA for Parcel
Map 7714 improvements
3) Location Map
RECOMMENDATIO~ Adopt Resolution extending the commencement and completion
date of the Tract Developer Agreement for Parcel Map 7714 for
one additional year
FINANCIAL STATEMENT: Alameda Cotmty Surplus Property Authority has provided a
Performance Bond and a Labor and Materials Bond to guarantee
construction of public right-of-way improvements, including
landscaping, and will pay the costs associated with construction
inspection.
DESCRIPTION: On June 4, 2002, the City Council, via Resolution No. 74-02,
authorized the Mayor to execute a Tract Developer Agreement with the ACSPA for improvements on
Arnold Road and Digital Drive (now,known as "Martinelli Way") associated with Parcel Map 7714.
This agreement replaced a previous agreement the City had executed with Commerce One for which the
ACSPA assumed responsibility when Commerce One made the decision discontinue development plans.
Parcel Map 7714 is located in Eastern Dublin south of Dublin Boulevard at the northwesterly corner of
Hacienda Drive and 1-580, and is a Master Final Map comprised of two parcels: Parcel 1 is zoned for
future campus office (formerly the site of Cisco Systems), and Parcel 2, which is also currently zoned
for future campus office (formerly the approved site of Commerce One). The Agreement required the
developer to commence with construction of the roadway improvements on or before June 4, 2003, and
to complete all improvements by June 4, 2004.
In the absence of a development project that would use Arnold Road and/or Martinelli Way for access, the
ACSPA has requested that the start of construction be delayed until a developer can be found for one of
COPIES TO: Pat Cashman, ACSPA
ITEM NO. 4~
G:\DEVELOP\Commerce One\agst amend tr dev agmt PM7714.doc i t)~~''
the two parcels. If construction of the BART parking garage proceeds, these roadways will then be
necessary for secondary access.
The City Engineer has determined that it is in the best interest of the City to extend the commencement
and completion dates of 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 Parcel Map 7714 for one additional year, or until June 4, 2005, with a commencement of construction
date not later than June 4, 2004, and a completion date of June 4, 2005.
Page
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE
TRACT DEVELOPER AGREEMENT FOR PARCEL MAP 7714
(ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY.") and Alameda County Surplus
Property Authority (hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement
(hereinafter referred to as "AGREEMENT") on June 4, 2002, to improve Arnold Road south of Dublin
Boulevard and Digital Drive (now known as "Martinelli Way" per Resolution No. 61-03); and
WHEREAS, Section 1 of said AGREEMENT states that the DEVELOPER shall commence
construction within 365 days following the date on which CITY executes the AGREEMENT, which equates
to June 4, 2003, and shall complete said work not later than 24 months following said date of execution,
which equates to June 4, 2004; 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 AGREEMENT by one year, with
the commencement of construction date not later than June 4, 2004, anda completion date of June 4, 2005;
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 Parcel Map 7714 is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 17th day of June, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVELOP\Commerce One (ACSPA)\reso amend tr dev agmt PM_7714.doc
EXHIBIT "A" OF
RESOLUTION NO. -03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR PARCEL MAP 7714
BETWEEN CITY OF DUBLIN AND ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Alameda County surplus
Property Authority (hereinafter referred to as "DEVELOPER"), entered into an Tract Developer Agreement
(hereinafter referred to as AGREEMENT) on June 4, 2002 to improve Arnold Road south of Dublin Boulevard and
Digital Drive (now known as "Martinelli Way" per Resolution No. 61-03); and
WltEREAS, Section 1 of said AGREEMENT states that the DEVELOPER will commence
construction within 365 days following the date on which CITY executes the. AGREEMENT which equates m
June 4, 2003, and shall complete said work not later than 24 months following said date. of execution which
equates to June 4, 2004; and
WHEREAS, the DEVELOPER has agreed to amend the AGREEMENT to extend the
commencement of construction by 365 additional days or until June 4, 2004, and the completion date by another
365 additional days or until June 4, 2005; and
WHEREAS, it is in the best interest of the CITY to extend the commencement and 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; and
NOW, TIIEREFORE, the parties hereto agree as follows:
The work governed by the AGREEMENT shall be extended by 365 additional days, and shall now
commence on or before June 4, 2004 and shall be completed by June 4, 2005.
CITY OF DLrBLIN
ATTEST: Mayor
Alameda County Sm-plus ProperB, Authority
City Clerk a Public Agency
Its: Managd '_ 1' '__"] - -
G:\DEVELOP\Commerce One\Ex 'A' reso amend tr der agrnt Pm_7714.doc
CITY OF DUBLIN '
TRACT DEVELOPER AGREEMENT "
' This agreement is made and entered into this. ay of June, 2002,'by and
between the CITY of'Dublin, a municipal corporation, hereinafter referred to as "CITY",
and inc. and Alameda county Surplus ProPe,"b' Authority hereinafter referred to as
"DEVELOPER".
.RECl'TALS
WHEREAS, it has been determined by the CITY CounCil of the CITY of Dublin, State
of CalifOrnia, that DEVELOPER, .the sub divider of. Final Parcel Map 7714 desires, to improve
and dediCate those public improvements (hereafter "The Improvements") required by City of
Dublin Planning~Commission Resol'ution NO. 0.'1-02 adoPted on April 15, 200t, 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 ClTY, and those certain plans and specifications for Said development approved by
CITY on April 6, 2001 fo.r Arnold Road and Digital Drive ImprOvements submitted by Brian
Kangas Foulk, and 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 t~ 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 three '
hundred sixty-five (365) days following the date on which .CITY executes this Agreement;'
DEVELOPER shall complete said work not later than .t~_enty four (24) months following
Said date of execution. Time is of the essence .in this Agreement. Upon completion,
DEVELOPER sh-all furnish CITY with a complete and reproducible set of final as-built plans
of The Improvements, including any authorized modifications.
Page i of 10
2. Estimated CoSt of Imorovements...
· The estimated cost of constructing, The Improvements required.by this agreement aS
adjusted for inflation is agreed to be $2,567,800. 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 obtain or cause
to be obtained and 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 per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvemer~ts 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 per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor; materials, Or equipment
shall be paid therefor.
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
~redit 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 indemnity 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 Reauired. ..
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 wore under this
Agreement 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 insurance carrier. '2
Page 2 of.10 -"
A.' Minimum Scope of InsuranCe. Coverage shall be at least as broad as:
· - 1) insurance Services Office form number GL 0002 (Ed. !/73) covering
comprehensive .General Liability. and Insurance Services Office form number
~' GL 0404 covedng Broad Form Comprehensive General Liability; or Insurance
' Services Office Commercfal General Liability coverage ("Occurrence" form
· ce 0001.) ....
'2) Insurance Services Office form number CA 0001. (Ed. 1/78) covedng
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 riability Insurance.
B,. Minimum Limits of Insurance. The insurance carried by the DEVELOPER
-' Shall maintain limits no less than:
'.1 )' General Liability: $i,0001000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial. General
Liability'lnSuranoe 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: $!,000,000 c°mbin,d 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. Othe~ Insurance Provisions. The policies' are to contain, or be endorsed to
contain, the following provisions:
1') General Liability and Automobile Liability Coverage.
a) .The CITY, its officers, agents, officials, employees and volunteers
shall be' named' as additional insured as respects: liability adsing
out of activities performed by or on behalf of the DEVELOPER;
products and completed operations of the DEVELOPER; '
premises .owned, occupied or used by the DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
3
Page 3 of 10
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 nsurance 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 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 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 DEVELOPER for'(he CITY;
3) AIl 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 tothe CITY. '.
a) Acceptabi.!!ty of Insurers. Insurance is to be placed with insurers.
with a Bests' rating of no less than A:Vll.
b) Verification of COverage... DEVELOPER shall furnish CiTM with
certificates of insurance and with original endorsements effecfing
coverage required by this. Clause. The certificates and'
endorsements for each insurance policy are' to be signed by a
personauthorized 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 comp!ete, certified copies of all
reqUir, ed insurance policies, atany time.
... c) Subcontractors. DEVELOPER'and/or DEVELOPER's general
contractor shall include all subcontractors as i.nsureds under its
'policies or shall obtainSeparate certificates and endorsements.for
Page 4 Of 10 ' 4
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 for a pedod of one (1) year after initial '
acceptance of the entire work by CITY. DEVELOPER 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.
DEVELOPER further covenants and 'agrees that when defects in design, workmanship and
materials actually appear during the One-year guarantee perigd, and have been corrected,
the guaraRtee 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 hazardsto 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, after reasonable notice, 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 DEVELOPER and replaced to the SatisfactiOn of CITY without any expense to
CITY in strict accordance with the improvement plans and specifications.
Page 5 of 10 5
7. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without-the written consent of
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 c~btain 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 ct;editors, 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 er holder of other security of
breach of this Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such Botice 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, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within, thirty (30) days after notice to
CITY Of.sUch election, CITY may take over the work and prosecute the same to completion,
by ContraCt or bY any other method CITY may deem advisable, for the account and at the
expense of DEVELOPER and DEVELiDPER'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, wi[bout liabilityfor 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.
Ail notices herein required shall be in writing, and delivered in person '6r sent by "
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows;
· . . City Manager .
.100 Civic Plaza
City of Dublin
Dublin, CA 94568
Notices required to be given to .DEVELOPER shall be addressed as follOWs:
Alameda County Surplus Authority c/o Pat cashman
224 W. Winton Avenue, Room 110,
Hayward, CA.' 94544-1215 ·
Page 6 of 10 .. 6
Any 'party or the surety may Change such address by notice in writing .to the other party
and thereafter notices shal~ be addressed and transmitted to'the new address.
Concurrently With the execution of this Ag?eement', DEVELOPER has eXecuted and
has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CJTY'
may record said abstract in the Offcial Records of A~ameda County.
? 9. use of Streets or Improvements~ ·
At all times prior to the final acceptance of the work by C~TYi the use of any or ail
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 byCITY.
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. ..
10. Safety Devices.
DEVELOPER shall proVide and maintain such guards, watchmen, fences, barriers, "
regulatory signs, warning lights, and other safety devices customary for such work adjacent '
to and on the tract site as may be reasonably necessary and customary for such work.
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.
1t. Acceptance of Work.
Upon notice of the completion of Ell tract work and the delivery.of a set of final. :
as-built plans to CITY by DEVELOPERi CITY, through its City Engineer or his designated
representative, shall examine the tract work withoutdelay, 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 COpyright Costs.
l.n 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 litigatio'n expenses, including
attorneys' fees and ..court costs, which may resUlt from the use of said patented.or copyrighted
material, process or publication.
Page 7 of l0 7
· 13. Alterations in Plans and Specifications....
Any alteration or alterations made in the plaiqs and Specifications which are a part of
this Agreement or any provision of this Agreement shall not operate t° 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 28!9 of the Civil Code of the State of California. '
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, a8tions,
.damages, or causes of action of every kind, nature and description, directly or
indirectly adsing from an act or' omission of DEVELOPER, its employees, agents, or
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.
Design Defect. If, in the opinion of the CITY, a designdefect in the.
work of improvement becomes apparent dudng the course of construction,. or"
· within one (1) year following acceptance by the CITY of the !mprovements,. and
' said-d'esign 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 I_abor and Materials Bonds shall be liable to the C!TY.
for the corrective work required.
3) ...Litigation 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 attorneys' fees and court costs. If CITY i§'the PreVailing
Page 8 of 10 · 8
party,' C!TY 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 par[ hereof.
16. Supersedes Prior Tract Developer Agreement..
'This agreement supersedes the agreement entitled "City of Dublin Tract Developer
· Agreement" which was entered into on June 5, 2001, between the City of Dublin,
.. Commerce One; Inc. and Alameda County Surplus Property Authority with reference.
to Final Parcel MaP 7714.
Page 9 of 10 ' 9
IN ~.qTNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and year fi.mt above written.
CITY OF DUBLIN
ATTES~/~r~
DEVELOPER~J .
Alameda County Surplus Property Authority
· ~ry~.e~r P.r_int N~.r~e ' / , /
Pnnn 1~1 nf 1Fi
P~ 4
~l 27.517 AC.t [ 'SHE~ IND~
/ ~[[T 2 - eAStS ~ BEARINg, ~TES, CASEU[~ LIST,
GRAPhiC, ~C~
PARCEL MAP 7714
,aJ~' (~ ~78.76' ~l~74' ~-~937.~9 ON PARCEL MAP 7233, FI~D JUNE 26. 1998
IN BOOK 236 OF PARCEL, MAPS AT PAGES 7
'~:: "I ~1 ~ ' ~s ~ET HJG~AY ~UTE 580 L-t~.s6t . 23~ o,~ 287 THROUGH 15, INCLUSIVE, A~M[DA COUH~ RECORDS
~:~1 ~ I=~1~ : ' . N ~'~'~" "~'t~ "~/~7~1'~6'~' ~ ~ . ~5.'. . /,~ DATED: HARCH 2001 SCALE: :: 150'
" LOCATION MAP