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4.07 Coop Agmt Zone 7
CITY CLERK File # AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 7, 2003 SUBJECT: ATTACHMENTS: RECOMMENDATION: O Approval of Cooperative Agreement with Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone 7) for Construction and Maintenance of Drainage Line G3 Improvements, and Approval of Improvement and Maintenance Agreement with the Lin Family for Drainage Line G3 Box Culvert Improvements Report Prepared by: Lee S. Thompson, Public Works Director 1) Resolution approving Agreement with Zone 7 2) Cooperative Agreement with Zone 7 3) Resolution approving Agreement with the Lin Family 4) Improvement and Maintenance Agreement with the Lin Family 5) Location Map 2) Adopt resolution approving the Cooperative Agreement with Zone 7 for construction and maintenance of Drainage Line G3 Improvements Adopt resolution approving the Improvement and Maintenance Agreement with the Lin Family for Drainage Line G3 Box Culvert Improvements FINANCIAL STATEMENT: The developer is providing bonds to guarantee construction of the improvements and will pay the cost of construction inspection. Once improvements to Drainage Line G3 have been constructed and accepted, the City will incur maintenance costs. The Lin Family will make a one-time payment to the City of $280,000 for the future maintenance of the box culvert as required by the Master Development Agreement dated March 25, 1999. Estimated annual maintenance will be approximately $15,000 per year and will be paid for using interest from the deposit referenced above. DESCRIPTION: As part of the master drainage improvements for Dublin Ranch, the Lin Family will construct approximately 4,150 linear feet of a large box culvert drainage facility along the north side of I-580 between Northside Drive and Fallon Road. While the agreement stipulates that the project consists of 3,600 linear feet of box culvert as the project length, this dimension is the length of the project right of way along I 580. Because there are curves at both ends of the box culvert, the project COPIES TO: Ed Cummings, Zone 7 Marty Inderbitzen, Lin's Attorney ITEM NO. 4.7 g:\develop\dublin ranch\infrastructure\g3 box culvert\agst z7 & lin agrnts g3 imps.doc length is actually 4,150 linear feet in length and ihe ~i~§ iipproved on August 28, 2003 and referenced in the agreement reflect the true project length. The Lins have elected to construct a box culvert rather than the open channel that was proposed as part of Zone 7's Special Drainage Area 7-1 Plan. Zone 7 has reviewed the plans and will allow the box culvert to be constructed, provided the City will be responsible for the maintenance. A portion of the cost of the western 2,185 linear feet of the improvements that is equal to the open channel costs will be eligible for Zone 7 cost reimbursement. The agreement with the Lins places the project in two phases and since the first phase of the project is only listed as 1,600 feet in length, no reimbursement will be granted until the full 2, 185 feet of improvements are constructed, inspected and apprOVed by Zone 7 for reimbursement. The Agreement with Zone 7 describes the improvements to be constructed, sets the maximum amount of reimbursement, and assigns maintenance responsibilities. The Agreement with the Lin Family describes the improvements to be constructed, allows construction to be in two phases, requires bonding and insurance prior to the start of construction, requires payment to the City of $280,000 for maintenance of the box culvert, requires right-of-way dedication, and assigns drainage fee credits and/or reimbursements from Zone 7 to the Lin Family. The right-of-way documents and improvement plans (subject to Caltrans final review) have been reviewed and approved by City staff. Staff therefore recommends that the City Council 1) adopt the resolution approving the Cooperative Agreement with Zone 7 for construction and maintenance of Drainage Line G3 Improvements; and 2) adopt the resolution approving the Improvement and Maintenance Agreement with the Lin Family for Drainage Line G3 Box Culvert Improvements. Page 2 ~ RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT WITH ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ZONE 7) FOR LINE G3 IMPROVEMENTS WHEREAS, the City of Dublin will require the developers of Dublin Ranch to construct storm drain improvements to serve Dublin Ranch; and WHEREAS, a portion of said drainage improvements and fight-of-way is a part of the Special Drainage Area 7-1 Project of Zone 7; and WHEREAS, a portion of the cost of said drainage improvements and fight-of-way value is eligible for cost reimbursement from Zone 7; and WHEREAS, improvement plans and fight-of-way dedication documents have been prepared to install said drainage improvements; NOW, THEREFORE, BE IT RESOLVED that said Agreement with Zone 7 for construction, reimbursement and long term maintenance c f the Drainage Line G3 improvements is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute the Improvement and Maintenance Agreement. PASSED, APPROVED AND ADOPTED this 7th day of October, 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:\develop\dublin ranch\infrastructure\g3 box culvertkresolution zone 7 agree.doc COOPERATIVE AGREEMENT This Agreement between ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, (hereinafter referred to as DISTRICT), and the CITY OF DUBLIN (hereinafter referred to as CITY), hereby agree as follows: WITNESSETH WHEREAS, as part of the Dublin Ranch development located in the City of Dublin, CITY desires to extend the Line G-3 culvert north ofi-580; and WHEREAS, DISTRICT owns and maintains the open channel portion of Line G-3 south ofi-580; and WHEREAS, the DISTRICT serves to provide an effective flood control system to protect public health and safety; and WHEREAS, the City's extension of Line G-3 north ofi-580 will enhance the DISTRICT'S flood control system and delivery of flood control services; and WHEREAS, a portion of the CITY's proposed extension is located in a portion of the DISTRICT's Special Drainage Area 7-1 Project; and WHEREAS, it is the intention of the parties hereto to enter into a cooperative agreement to facilitate the CITY's improvement of Line G-3 that will benefit DISTRICT's Special Drainage Area 7-1; and WHEREAS, it is the CITY'S desire to construct a buffed concrete box culvert conveyance rather than an open earthen channel and agrees to own and maintain this system; and Agreement Line G3 WHEREAS, CITY has completed appropriate environmental analysis for this project; NOW, THEREFORE, IT IS MUTUALLY AGREED THAT: 1. CITY shall improve (or cause to be improved) work as shown on Exhibit "A," which is attached hereto and made a part hereof (hereinafter "Work"), and shall ultimately obtain ownership of said work together with land rights as deemed appropriate by the CITY. Work shown on Exhibit "A" is detailed, and specifications for same are referenced on a set of improvement plans approved by the CITY entitled "Plans for the Improvement of G3 Box Culvert" prepared by MacKay & Somps and signed by the City on September 14, 2003, which work the DISTRICT finds adequate to provide flood protection according to DISTRICT standards. 2. The Work shall be performed in accordance with said plans and specifications, and with any plan revisions thereto approved by the CITY and shall be performed to the satisfaction of the CITY. Any revisions to said plans and specifications shall be submitted to the DISTRICT in order for the DISTRICT to be assured that the Work will continue to provide flood protection in conformance with DISTRICT standards. 3. CITY shall be solely responsible for the operation, maintenance and the repair of the Work. 4. DISTRICT agrees to pay CITY for the Work as shown on plans marked Exhibit "A" within the right of way as described in Exhibit "B" and as shown on Exhibit "C", a distance of approximately 2,185 feet. 5. All Work shall be completed by Oct. 15, 2006. If, in the opinion of the DISTRICT'S General Manager, improvements have been delayed by conditions beyond Page 2 of 5 Agreement Line G3 the control of CITY, and if it is in the best interest of the general public, the time for completion of the Work may be extended. 6. The obligation of DISTRICT to pay CITY is contingent upon the collection of fees within the Special Drainage Area 7-1 by DISTRICT pursuant to its Special Drainage Area 7-1 Ordinance No 0-2002-24 and DISTRICT shall not be liable for failure to collect fees. If Special Drainage Area 7-1 funds are not available to pay CITY in full, exemption credits for impervious square footage will be issued per Ordinance No. 0-2002-24 for the difference. 7. The maximum amount to be paid to CITY by DISTRICT for construction ofthe Work shall be the sum of $1,122,714. The maximum amount to be paid to CITY for cost of acquisition of rights of way shall be the sum of $349,734. If exemption credits are issued, they will be based on the current SDA 7-1 Drainage Fee schedule in effect at signing of the Agreement. 8. CITY shall be entitled to payment from DISTRICT only upon CITY'S Providing the DISTRICT with evidence of its completion and acceptance of the Work and rights of way as called for herein. 9. The actual amount of such payment shall be determined by DISTRICT's General Manager and shall be based on the actual cost of construction and value of right of way, but not to exceed the amounts specified in Paragraph 7 hereof. 10. CITY or their assignee (if the work is to be done by others) shall give DISTRICT at least two (2) days advance notice before commencing any work described herein so that DISTRICT may observe construction if it so desires. 11. This Agreement is executed pursuant to provisions of Government Code section 54981 et seq. Page 3 of 5 Agreement Line G3 12. CITY shall have the right to assign payment and/or exemption credits by DISTRICT in whole or in part to any person, firm or corporation, but such assignment shall not be binding on DISTRICT until DISTRICT has been notified in writing of any such assignment. 13. Neither DISTRICT nor any officer, agent, or employee therefore shall be held responsible for any claim, loss, damage or liability occurring by reason of anything done or omitted by CITY or its contractors or assigns in connection with the performance of its obligations under this Agreement. CITY agrees to defend, indemnify and hold DISTRICT, its officers, agents, servants, and employees harmless from any claim, loss, damages or liability of any kind, nature, or description by whomever asserted, arising out of or in connection with CITY's, its agents', servants', contractors' or employees' perfOrmance of its obligations hereunder. This provision shall survive termination. 14. If, during the life of this agreement, it becomes necessary to amend or add to the terms, conditions, scope or requirements of this agreement, such amendment or addition shall only be made after mutual agreement of DISTRICT and CITY and the execution of a modification of this Agreement. 15. This Agreement and the obligations thereunder, except those pertaining to City's ownership, operation, maintenance and repair of the work, shall terminate either: a. When the Work has been cOmpleted and accepted and rights of way have been accepted by CITY and CITY has received payment from DISTRICT; b. Fifteen (15) years from the date of this Agreement, whichever occurs first. Agreement Line G3 Page 4 of 5 DISTRICT By: President, Board of Directors Date: ATTEST: By: Secretary, Board of Directors Date: APPROVED AS TO FORM: Assistant County Council CITY OF DUBLIN: By: Mayor Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: City Attorney Agreement Line G3 Page 5 of 5 .RECORDING REQUESTED BY First American Title Guaranty Company - Order No. Escrow No, WHEN RECORDED MAIL TO: City, of Dublin 1 O0 ,Civic Center Dublin, California 94568 MAIL TAX STATEMENTS TO: SAME AS ABOVE EXHIBIT "B" SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s)'declare(s): CITY TRANSFER TAX $0 DOCUMENTARY'TRANSFER TAX $ 0* SURVEY MONUMENT FEE $ Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances. remaining at time of sale. APN 985-09-15 and 985-27-01 (PORTIONS) EASEMENT GRANT DEED FOR A VALUABLE CONSIDERATION, receipt 0f which is hereby acknowledged, Chang Su-o Lin, a married woman as her sole and seParate property; Hong Yao Lin, a single man, and Hong Lien Lin, a single man hereby GRANT(S) to City of Dublin, a municipal corporation the real property in'the City of Dublin County of Alameda , State of California, described as PARCEL A A norf-exclusive easement for the construction, in~tallation, operation, maintenance and repair of storm drain facilities on. over, under and across the herein described real property. The easement shall be subject to the rights Of Grantor to install any and all improvements, both temporary and permanent within the easement, so long.as grantor's improvements do not interfere, with grantee's :use bf the easement. Grantee's access pn~over and along the surface of the easement need not' be continuous, but shall, at all times, provide access to the entire length of the easement. PARCEL B A non-exclusive temporary easement for ingress and egress for construction and maintenance pur~bses on, over and across that portion of the property described in the deed recorded in SOdas No. 85-150494 and herein described. Said easement shall be subject to termination and relocation at Grantor's'discretion upon ninety (90) days notice. Said termination and relocation shall be concurrent and shall be consistent with the terms of this easement in order to. insure access by Grantee to the easement for operation, maintenance 'repair and reconstruction of the storm drain facilities. FOR LEGAL DESCRIPTION AND PLAT SEE EXHIBIT "A" ATTACHED HERETO AND MADE A .PART HEREOF Dated' ,January 30, 2003 Chang Su-o Lin, by Hong Lien Lin her attorney in fact Hong Yao Lin Hong .Lien Lin EXHIBIT "B" DESCRIPTION PROPOSED DRAINAGE EASEMENT · CHANG SU-O LIN PROPERTY ' TO BE CONVEYED TO THE CiTY OF DUBLIN 11267-08 Page I of 11 01/29/03 PARCEL A A non-excluSive easement for the construction, it~stallation, operation, maintenance and repair of storm drain facilities on, over, under and across the below described real property. Being a portion of that certain parcel of land known as: "Parcel 9" as shown upon that certain final'map entitled: i'Tract 7148" as filed on the I4th day of February, 2001 in Book 257 of maps, at pages 3-7, Official Records 'of Alameda County, California, Lying and being in the City of Dublin, Alameda County, California, also being a portion-of Rancho Santa Rita, Township 3 South, Range 1 East, Mount Diablo Meridian and being also a portion of the Chang Su-O Lin Property as shown and So designated on that certain record of survey Map No. 1005 (R.O.S. #1005), filed in Book 16 Of RecordS' of Survey at pages 37 to 51, being also a portion of that certain parcel of land as described in the deed as recorded on July 31, 1985, in series. No. ·85- 150494 Alameda County Rec0rder'~ Office, State of California, described as follows: Beginning at the most easterly terminus of the South line of "Parcel 9" as shown.on that certain fmaI'map entitled "Tract 7148" as filed on the 14ta day of February, 2001 in Book 257 of maps, at pages.3-7, official records of Alameda CountY, which bears North 88° 29' 24" West 819.02 feet from an angle point in said south line: ThenCe along and cOincident with said south line, along the arc of a non,tangent curve to the right having radius of 46.00 feet, whose radius point bears South 69° 27' 30" East from said point, 1'70.59 feet through a central angle, of 212° 27' 59", to a point from which radial line bears North 36° 59' 31" West to the center of said cure. e; Thence continuing along.said 'south line; . North 87° 14' 04" East 134.16 feet; South 88° 29' 24" East 942.77 feet; North 01° 30' 40" East tl.00 feet; South 88° 29' 20" East 100.00 feet; K:LLDD2iXprojects\11267~survey\LEGAL DESCRIPTIONSXExhibit A description 01-29-03.doc South 01° 30' 40" West i 1.00 feet; lc) · 11267.-08 Page 2 of I 1 01/29/03 South 88° 29' 24" East 38.06 feet to the southeast comer of said "Parcel 9" and the southwest comer Of said.parcel described in series 85~150494,. said point also being on the.north right of way tine of Interstate Highway 1-580 which is coincident with the South line of' said pircel -described in series 85-150494, thence along .said South line; South 88° 29' 04" East 4i8.99 feet; South 89° 4I' 38" East-1394.82 feet; Thence along the arc of a tangent curve to the left having a radius of 950.11 feet, 547.32 feet thru a central angle-of33° 00' 22"; Thence leaving said South line and entering said parcel described in Series 85-150494; along the arc of a tangent curve to. the left, haVing a radius of 423.82 feet, 243.87 feet thru a central angle of 32° 58' 08" to a point of reverse curvature; Thence along the axe of a tangent curve to the right, having a radius of 50.00 feet, 33.37 feet thru a central angle of 38.° 14' 26; Thence North 62° .34' 18" East 54.84 feet to a point on the westerly line of Falloff Road as described in the deed from Chang Su-o-Lin to the City of Dublin, recorded ,2003 under Series No. , official records of Alameda County; Thence 'along said westerly line North 00° 26' 33" East 43.46 feet; Thence leaving said westerly line and entering said parcel described in Series 85-150494, and said "Parcel 9", the following courses; South 62o 34' 18" West 96.88 feet; Thence along the arc of a tangent curve to the left having a radius of 75.00 feet, 48.60 feet thru a central angle Of 37° 07' 29" to a point of reverse curvature hereinafter referred to as "Point A"; Thence along the arc of a tangent curve to the right having a radius of 374.92 feet, 363.70 feet thru a central angle of 55° 34' 52"; Thence non-tangent.from last said curve South 81° 13' 42" West 399.72 feet; Thence North 89° 45' 48" West 883.00 feet; Thence North 77° 47' 14" West 51 .I 1 feet; Thence North 89° 17' 24" West 91.86 feet; K:LLDD2i~projects\11267~surveykLEGAL DESCRIPTtONSXExhibit A description 01-29-03.doc 11267-08 Page 3 of 11 01/29/03 Thence South 87° 31' 17" West 50.20 feet; Thence North 88° 28' 29" West 334.10 feet; Thence North 88° 29' 07" West 344.42 feet; Thence North 79° 12' 32" West 25.3'3 feet; Thence North 88° 29~.07'' West 943.50 feet; Thence North 89° 55' 02" West 328.19 feet; Thence North 88° 29' 07" WesteT0.53 feet; Thence North 76° 04' 40" West 51:20 feet; Thence North 88° 29' 07" W. est 106.00 feet; Thence South 82° 27' 44" West 73.16 feet; Thence along the are of a tangent curve to the left having a radius of 115~00 feet, 26.84 feet thru a central angle of 13° 22' 27' to the northerly right .of way line of Northside Drive as described in deed from Chang Su-o-Lin to the. City of Dublin, recorded ,2003 under' Series. No. ., official records of Alameda County; Thence along 'and coincident with said Northside Drive fight of way along the arc of 'a non- tangent curve to the fight whose radius point bears South 39° 58' 04" West, having a radius of 52.00 feet, 42.43 feet thru a central angle of 46° 45' 11" to the nortl~ fight of way line of North Side Drive, coincident with the south line of said "Parcel 9"; Thence along said south line, South 88°29'24'' East 304.02 feet to said point of beginning; Containing 331,665 sq.ft, or 7.61 AcreS, more or less. Portion 0fAPN 985-09-15 and 9.85-27-01 PARCEL B A non-exclusive temporary easement for ingress and egress for construction and maintenance purposes on, over and across that portion of the aforementioned real .property described in the deed recorded in Series No. 85-150494 and described below. Beginning at aforementioned "Point A", thence along tl?e arc of a curve to the left whose radius point bears North 64° 33' 11" West, having a radius of 374.92 feet, 8.60 feet thru a central angle of 01° 18' 49"; K:XLDD2i\projects\l 1267Xsurvey\LEGAL DESCR1PTIONS\Exh}bit A description 01-29-03.do¢ Thence North 24° 08' 00"-East 175.00 feet; '11267-08 Page 4 of 11 01/29/03 Thence along the arc of a tangent curve, to .the right~ having a radius of 75.00 feet, 62.39 feet thru a central angle of 47° 39' 39" to a point on .the westerly line of Fallon Road as described in the deed from Chang Su-o-Lin to the City of Dublin, recorded ., 2003 under Series No. , Official records of Alameda County; Theneealong said westerly line South 00° 26' 33" West 16.06 feet; Thence leaving said westerly line and entering said parcel described in Series 85-150494, along the arc of a non-tangent curve to the left whose radius point bears, South 23° 07' 00" East, having a radius of 60.00 feet, 44.77 feet thru a central angle of 42° 45' 00"; Thence South 24° 08' 00" West 140.16. feet to the North line of Parcel A described above; Thence along said north line along the arc Of a non-tangent curve to the left whose radius point bears South 28° 50' 47" East,- having a radius of 75.00 feet, 46.74 feet thru a central angle of 35° 42' 24" to said point of beginning; Containing3,118 sq.ft, or '0.07 Acres, more or less.,.. /' / \ Prepared by //~. / .,. erofpss!of_a! _Lafixd S o. 5412' (Exp. 9-30-04) ~ End of Description .~ ) Prepared By . ? The firm of MACKAY & SOMPS K:\LDD2i\projects\11267ksurvey\LEGAL DESCRIPTIONSkExhibit A description 01-29-03.doc MATCHLINE 1 EXHIBIT "C" I' ~ROBERT CHAN THE BASIS OF BEARING IS RECORD PER 257 M 3--7 THE DISTANCES SHOWN ARE GROUND DISTANCES. P.U.E.' TO STATE OF CALIFORNIA RE: 2322 IM: 969 N36'59'51 "W RADIAL N69'27"30"W RADIAL POINT OF BEGINNING STATE OF CALI?ORNJA PER BK,8186 PG,447 © .. CO 'LO CURVE' TABLE CURVE LENGTH RADIUS DELTA c1 42.4,3 52.00 c2 170,59 46.00 A=46'45'11" ~-&'?:l 2'27'59" C6 26.84 115.00 LINE TABLE LINE, LENGTH BEARING L2 1 ,.34.16 N87'14'04"E L22 .328.19 N89'55'02"W L2;3 70.5;3 N88'29'~07"W L24 51.20 N76'O¥*40"W L25 106.00 N88'29'OT"W 7,3.16 N82'27'44"E A=l 3'22'25" 'L~ CQ L26 . SHEET 5 OF 11 PLAT TO ACCOMPANY DESCRIPTION EXHIB/T "~:" DRAINAGE EASEMENT CHANG SU-O LIN PROPERTY CITY OF DUBLIN COUNTY OFALAMEDA CALIFORNIA mA :l Y&SOmPs INFRASTRUCTURE GROUP CML ENGINEERING * PL'~NNING ., LA~D SUEVE~N6 SAI~ RA~ON, CA. 9458,~ (925) g01--1190 MACI~.Y ~ SOUPS I$ NOT RESPONSIBLE FOR '[HE ACCURACY OR COMPLE'TENE$$ OF REPROOUCTIONS OF' THIS ~OCUMEN~ THAT ARE GENEP~.T~ ~'Y OTHERS FROM EL£CTRONIC MEDIA SCALE; 'i"=100' I DATE: 12-13-02 ~ JOB NO. 11267--08 P.U.E. TO STATE OF CALI?ORNIA RE: 2322 IM:. 969 MATCttLINE 1 OBERT CHAN THE BASIS OF BEARING tS RECORD PER 257 M 5-7 THE DISTANCES SHOWN ARE GROUND DISTANCES. LINE TABLE LINE · LENGTH ' BEARING L22 328.19 N89'55'02"'W SHEET 6 OF PLAT TO ACCOMPANY DESCRIPTION EXHIBIT "~" DRAINAGE EASEMENT CHANG SU-O LIN PttO.PE12TY CITY OF DUBLIN COUNTY OFALAMEDA CALIFORNt, IlI K Y & $omps INFRASTRUCTURE GROUP SA~ ~ON, ~ 94~ f925) 901-T190 %CALE :"=:~Q DATE: ~2- !3-02 ~ JO~ NO. 11267-0¢ CHANG-SU-O LIN SERIES'NO 85-150494 CL-) 'LL1 ','F'"" C) ~¢_ATC~IAATE 2 ROBERT CHAN 'THE BASIS OF 'BEARING tS RECORD PER 257 M 3-7 THE DISTANCES SHOWN ARE GROUND '~b6 Lo //-L4 0 -/ / / EL © -- P.U.E. TO STATE OF CALIFORNIA RE: 2322 M: 969 LINE TABLE ' 'LINE LENGTH BEARING L4 - 11.00. NOl'50'40"E L5 100.00 'N88"29'20"W. L6' 11.00 ,. NO1'30'40"E, .... L7 58.06 N 88'29"24-"W , , L19 344..42 N 88'29'07'"W L20 25.33 N79'12'32"W SHEET 7 OF PLAT TO ACCOMPANY DESCRIPTION'- COUNTY OF EX!qIBIT. "~"' DRAINAGE EASEMENT C!-L&NG SU-O LIN PROPERTY CITY OF DUBLIN ALAMEDA CALIFORNIA' flL :KAY& $omP'$ INFRASTRUCTURE GROUP SAN P. Ak40N, CA. 94~3 [925) 901--1 I~ MATC~LINE PARCEL MATCIRL_,INE · 3 ,- / / E CHAN THE; BASIS OF BEARING' IS RECORD PER 257 M 3-7 THE DISTANCES SHOWN ARE' GROUND DI S'i-AN CES. LINE TABLE LINE LENGTH BEARING 'L16 91.86 N89'17'24"W L17 50.20 N 8.7'31 't 7"E L18 334.10 NBS'28'29"W L19 344.42 N88'29'07"W SHEET 8 OF 1 PLAT TO ACCOMPANY DESC1BIPTION EX, mIT "¢" DI~AINAGE EASEMENT CHANG SU-O 'LIN PBOi~EI~TY CITY OF DUBLIN :OUNTY OF ALAMEDA m or rs som s INFRASTRUCTURE GROUP ~N ~ ~ 94~3 (925) 90t--t~90 CALIFORN] MACF, AY 64 $OMP$ tS N0'r RESPOI'IStSLE ~OR ~E ACCU~ O~ CO~P~ENE~% OF S"'A!F' !"=100' ~1 DATE: lS'-~-.02 ~ JOB fWC, I1267-05 MATCI-ILINE 5 Z PA'}{ C FL 'A~ ;'"~BE R T CHAN THE BASIS OF BEARING IS RECORD PER :257 M Z-7 7HE DISTANCES SHOWN ARE GROUND D!SYAN CEE © LINE' TABLE LINE LENGTH BEARING L16 91.86 .NSg'17'2,4-"W SHEET, 9 OF 1t P!~gT TO ACCOMPANY DESCRIPTION EXttIBIT "~" DRAINAGE EASEMENT Ct-IANG 'SU-O LIN PiBOPElgTY CITY OF DUBLIN COUNTY OF' ALAMEDA CALIFORNIA INFRASTWIU'CTURE GROUP CIVIL ENGINEEI~ING .,PLANNING SAN RA~ON, CA. 94583 (925) 901--1190 M4£KAy ~ SOMPS tS NOT R£S~O~SleLE FOR THE ACCURACY Sfi.'".t£: i"=100' EAYE: 12-13~E)2 ~ JOP ~O 11267-0g CHANG-SU-0 LIN 'SERIES NO 85-1504-94 · / N89'45'48"W 883.00' ,~ -' N89'41'38"W 1394:82' C3 'JNTERS-FA\-F~ HIGHWAY J' 560 ~t,,.~BER T CHAN THE BASIS DF BEARING IS RECORD PER 257 M 3-7 THE DISTANCES SHOWN ARE GROUND DISTANCES. '1 cuBVE TABLE CURVE LE'NGTH'I RADIUSI DELTA C3 547.32 950;11 &= 33'00'22" LINE TABLE. LtNE I LENGTH! BEARING L13 399.72 .. NB1'13'42"E sHEET t0 OF .1 PLAT TO AccOMPANY DE$C1R!PTION EXHIBIT ~? DlgAINAGE' EASEMENT CHANG' SU-0 LIN PBOPERTY CITY OF DUBLIN COUNTY OF ALAMEDA CALIFORN IN~AST~UO"t'~FI~ ~ROUP C~L EI, IGINE£RII',TG. ', PLANNING -' LANt) ST.IF(VE'CtNG SCALE: 1'= 100' ~. · CURVE TkBLE CURVE i'LENGTH RADIUS '. DELTA C3 I' 547.32 950.11 A= 33'0.0'22" C4 [. 62.39 75.00 &=47'39'39" 05' 372.30 374.92 : 'A=56'53'41" C6 . -243.87 423.82 A=32'58'08" · C7 3-3.37 5'0.00 A=38'14'26" C8 3-63.70. 374.92 A=55'34'52" C9 48.6'0 .. 75.00 'A='37'07'29" C10 1.86 75.00 5=01'25'05" C1 I 8.'60 374.92 5=01'18'49" C12 [' 46.74 75.00 [ ,A=35'42'24:' C13 44.77 60.00t &=42'45'00" POINT 'A:-- PARCEL 'A' CHANG-SU-O LIN SERIES NO 85-15049.4 POINT A POB PCL N1.8' 12'21 "W(R) -L14 -. PARCEL ~ :7 / DETAIL L SHEET I 1 OF THE BASIS OF EARING IS RECORD PER 257 M 3-7 THE DISTANCES SHOWN ARE GROUND DISTANCES LINE TABLE LINE ,LENGTH BEARING · L11 43.46: NOO"26'33"E L1:2 175.00 N 24":08'00"E Lt 3 399.72 N81 '13'42'% L14 16.06 N 00°26'33"E L15 t40.16 N24°08'O0"E L16 96.88 N 62'34'18"E. L17 54:84 N62'34'1.8"E 'PLAT TO ACCOMPANY DESCRIPTION 11 DRAINAGE EASEMENT CIiANG SU-O LIN PROPERTY CITY OF DUBLIN COUNTY OFALAMEDA CALIFORNIA mA l Y&SOmP$ INFRASTRUCTURE GROUP CML ENC, INEEEING · PLANNING· L,~D SURVEYING ~ ~ (925) 901--1t90 SCAL~: I"=,100' { DATE: !2-15-02 ~ JO~ NO, 11267-08 RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE IMPROVEMENT AND MAINTENANCE AGREEMENT WITH THE LIN FAMILY FOR BOX CULVERT TO CHANNEL DRAINAGE FROM DUBLIN RANCH WHEREAS, the Lin Family, the developers of Dublin Ranch, intend to construct storm drain improvements to serve Dublin Ranch; and WHEREAS, the cost for a portion of said drainage improvements and right-of-way is eligible for cost reimbursement from Zone 7 of the Alameda County Flood Control and Water Conservation District; and WHEREAS, the City is entering into an agreement with Zone 7 of the Alameda County Flood Control and Water Conservation for cost reimbursement; and WHEREAS, the Lin Family has executed and filed with the City of Dublin an Improvement Agreement to install said drainage improvements in accordance with the right-of-way dedication documents and the improvement plans attached thereto; NOW, THEREFORE, BE IT RESOLVED that said Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute the Improvement and Maintenance Agreement. PASSED, APPROVED AND ADOPTED this 7th day of October, 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor g:\develop\dublin ranch\infrastructure\g3 box culvert~resolution lin agree.doc IMPROVEMENT AND MAINTENANCE AGREEMENT FOR BOX CULVERT TO CHANNEL DRAINAGE FROM DUBLIN RANCH This agreement is made and entered into this __ day of ,2003 (the Effective Date), 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 Lin (also known as Kevin Lin), hereinafter referred to as OWNER. CITY and OWNER are referred to collectively as the Parties. RECITALS WHEREAS, the Parties are parties to the Master Development Agreement Between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H), dated March 25, 1999 (the Master Agreement). WHEREAS, the Master Agreement at section 18 provides as follows: Section 18. Maintenance Costs for Box Culvert. Developer agrees that, subject to approval from regulatory agencies having jurisdiction, it will construct a box culvert along the northern side ofi-580 (along the southern boundary of the areas A-E and F-H Property to channel drainage from the Areas A-H Property and the Areas F-H Property. Developer further agrees that it will make a one-time payment to CITY of $280,000 to be used by City for the maintenance costs of the box culvert no later than the date City accepts the box culvert improvements. The box culvert that section 18 of the Master Agreement requires the OWNER to construct is hereinafter referred to as The Improvements. WItEREAS, OWNER has plans for The Improvements prepared by MacKay & Somps, that have been approved by the City on August 28, 2003. WI-IEREAS, OWNER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication of The Improvements and any associated easements and rights-of-way in consideration for oWNER's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, OWNER intends to complete The Improvements in two separate phases, Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch Page 1 of 13 ~ a cnb Li as shown on the diagram attached as Exhibit A, the first phase being the westernmost portion of the box culvert (approximately 1600 linear feet) along with associated improvements ("Phase 1") and the second phase being the easternmost portion of the box culvert (approximately 20001inear feet) ("Phase 2"); and WHEREAS, the Parties desire to enter into further agreements to satisfy the requirements Section 18 of the Master Agreement. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: Section 1. Completion Time. OWNER will commence construction of Phase 1 of The Improvements within twenty- four (24) months of providing the security for Phase 1 as required by Section 3. OWNER will commence construction of Phase 2 of The Improvements within twenty four (24) months of providing the security for Phase 2 as required by Section 3. In any event, Phase 1 work shall be completed by October 15, 2006, unless Zone 7 of the Alameda County Flood Control and Water Conservation Distxict's General Manager extends the term, pursuant to the Reimbursement Agreement defined in Secrion 19 below. Time is of the essence in this Agreement. Upon completion of Phase 1 or Phase2 OWNER shall furnish CITY with a complete and reproducible set of final as-built plans of the completed improvements, including any authorized modifications. Section 2. Estimated Cost of Improvements. For purposes of this Agreement, the estimated cost of construcring The Improvements is agreed to be $2.8 million for Phase 1 and $3.1 million for Phase 2. Said amounts include costs and reasonable expenses and fees that may be incurred in enforcing the obligation secured. Prior to the time security is provided pursuant to Section 3 below, the Director of Public Works may adjust the estimated cost of The Improvements as necessary to reflect inflation. Section 3. Bonds Furnished. Prior to commencing construction of The Improvements, OWNER shall furnish CITY with the following security (by Phase at Owner's option) in a form satisfactory to the CITY: 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 Improvement and Maintenance Agreement for Page 2 of 13 Box Culvert to Channel Drainage from Dublin Ranch 620726.1 percent (100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. bo 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 of 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 sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein' shall conform with the provisions of Chapter 5 of the Subdivision Map Act. 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 Administrative Services Director of CITY, or his or her designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, OWNER's general contractor shall obtain or causeto 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. 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 full force and effect until the completion of work 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. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001.) (ii) Insurance Services Office form number CA 0001 (Ed. 1/78) Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch 620726.1 Page 3 of 13 covering Automobile Liability, code 1 any auto and endorsement CA 0025. (iii) Workers' Compensation insUrance as required by the Labor Code-of the State of California and Employers Liability Insurance. Minimum Limits of InSUrance. OWNER shall maintain limits no less than: (i) General LiabiliW: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: $1,000,000 combined single limit per accident for bodilY injury and property damage. (iii) Workers' Compensation and Employers LiabiliW: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 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 OWNER shall procUre a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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, its officers, agents, officials, employees and volunteers shall be named as additional insUreds as- Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch . 620726. I Page 4 of 13 (ii) (iii) (b) (c) 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 of the protection afforded to the CITY, its officers, officials, employees or volUnteers. 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. 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 insurer's liability. Workers' Compensation and Employers LiabitiW 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. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (3 0) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. (a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch 620726. ] Page 5 of 13 (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 and/or 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. Section 5. Work Performance and Guarantee. Except as otherwise expressly prov/ded 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 (1) year after initial acceptance of work by CITY. OWNER shall repair or replace any or all such work or material, together with all or any other work or materials that may be displaced or damaged in so doing or 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 w/th the conditions of the foregoing guarantee within thirty (30) days' time or such longer time period as agreed to in writing by the Director of Public Works, 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 Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch 620726.1 Page 6 of 13 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 ali 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 that 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. Inspection of the Work. OWNER shall guarantee free access to CITY through its Public WOrks Director/City Engineer and his or her 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 satisfaction of CITY without any expense to CITY in strict accordance with the Improvements plans and specifications. Section 7. Agreement Assignment. This Agreement shall not be assigned by OWNER without the written consent of CITY. Section 8. Parties Not Co-venturers. Nothing in this Agreement is intended to nor does establish any of the parties as parmers, co-venturers, or principal and agent with one another. Section 9. Abandonment of Work. 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 ifa receiver should be appointed, or if OWNER, or any of OWNER's contractors, subcontractors, agents or employees should violate any of the Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch 620726.1 Page 7 of 13 provisions of this Agreement, the CITY through its Public Works Director 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 prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of OWNER and OWNER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to OWNER as may be on the site of the work and necessary therefor. Section 10. Notices All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: Lee Thompson Director of Public Works 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 707 Koll Center Parkway, Suite 120 Pleasanton, California 94566 and The Lin Family c/o James Tong Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch 620726.1 Page 8 of 13 4690 Chabot Drive, Suite 100 Pleasanton, CA 94588 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 Alameda County. Section 11. Safety Devices. OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. OWNER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (eXcept such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the OWNER, and the entire site left clean and orderly. Section 12. Acceptance of Work and Associated Easements. Upon notice of the completion of Phase 1 or Phase 2 of The Improvements and the delivery of a set of final as-butt mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his or her 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 its designated agents of such acceptance. Concurrently with the notice of completion, OWNER shall dedicate to CITY any right of way and maintenance easements 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 easement dedications shall be in substantially the form attached hereto as Exhibit B. Section 13. Payment for Maintenance. Prior to acceptance by the City Council of Phase 1 of The Improvements, OWNER shall have made the $280,000 payment required by Section 18 of the Master Development Agreement. Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch 620726.1 Page 9 of 13 Section 14. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, OWNER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attornevs' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. Section 15. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release'anY surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. Section 16. Liability. OWNER Primarily Liable. OWNER 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. 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, wmve 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 harmless agreement by OWNER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch 620726.1 Page 10 of 13 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. b0 Design Defect. If, in the opinion of the CITY, a design defect in the work of Improvements 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 shall, upon order by the CITY, correct said design defect at its 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. Co 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 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. .Section 17. Right of Entry. CITY grants to OWNER a right Of entry to enter upon the property within Northside Drive (subject to the relocation of utilities in the right-of-way necessary to install the improvements) with such 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 hannless, as described in Section 18, shall be applicable to any acts or omissions of OWNER, its contractors, subcontractors and agents, in connection with this right of entry. If construction of The Improvements requires an encroachment permit from the California Department of Transportation (CalTrans), OWNER shall be responsible for obtaining said encroachment permit. Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch 620726.1 Page 11 of 13 Section 18. 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 indemnify and hold CITY harmless from any damages, charges, fees or penalties that may be awarded or imposed against CITY and/or OWNER in connection w/th, or on account of, OWNER's construction of The Improvements and/or CITY's failure to enforce or comply with any applicable laws. Section 19. Fee Credits and Reimbursement. A portion of the costs of The Phase 1 Improvements are supported by the Alameda County Flood Control and Water Conservation District, Zone 7 ("Zone 7") flood control system fee program. In particular, the Phase 1 facility is part of Special Drainage Area 7-1, through which Zone 7 imposes fees on development to fund flood-control improvements necessitated by such development. Zone 7 and the City are parties to an agreement, dated ,2003, concerning the City and Zone 7's relative responsibilities with respect to The Improvements ("the Reimbursement Agreement"). Under the Reimbursement Agreement The Improvements will be maintained by the City and not be owned and maintained by Zone 7. In addition, pursuant to the Reimbursement Agreement, Zone 7 will provide the City with reimbursement for the construction of The Improvements and for rights of way for The Improvements and/or will provide certain exemptions from the drainage fees imposed by Zone 7 Ordinance No. 0-2002-24. Upon completion and acceptance of The Phase 1 Improvements, any rights to exemption and/or reimbursements that City may have or acquire pursuant to the Reimbursement Agreement are hereby considered assigned to OWNER. The City Manager is authorized to, and shall, perform such acts as are necessary to secure reimbursements and/or exemptions and to comply with the assignment provisions in the Reimbursement Agreement. ~ Section 20. Relationship to Master Development Agreement CITY agrees that The Improvements satisfy the OWNER's obligation under Section 18 of the Master Development Agreement. Section 21. Recitals. The foregoing Recitals are true and correct and are made a part hereof. Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch 620726.1 Page 12 of 13 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: By: Janet Lockhart, Mayor Date: ATTEST: By: Kay Keck, City Clerk Date: Approved as to Form: Elizabeth H. Silver, City Attorney Chang Su-O-Lin (also known as Jennifer Lin) Date: ~-o~g Ef{~n Lin (also ~o~ as Fredefich or Frederic Lin) ~offg Yao~n / (also ~o~ as Kevin Lin) Approved as to Form: Martin W. Inder~i~en Attorney for Lin Family Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch 620726.1 Page 13 of 13 ld .RECORDING REQUESTED BY First American Title Guaranty Company · Order No.. Escrow No. WHEN RECORDED 'MAIL TO: City of Dublin 100 ,Civic Center Dublin, California 94568 MAIL TAX STATEMENTS TO: SAME AS ABOVE EXHIBIT "B" SPACE ABOVE THIS UNE FOR RECORDER'S USE The undersigned grantor(s)'declare(s): CITY TRANSFER TAX $0 DOCUMENTARY TRANSFER TAX $ 0* SURVEY MONUMENT FEE $ Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. %,4'-/ APN 985-09-15 and 985-27-01 (PORTIONS) EASEMENT GRANT DEED FOR A VALUABLE CONSIDERATION, receipt Of which is hereby'acknowledged, Chang sU-o Lin, a married woman as her sole and separate property; Hong Yao Lin, a single man, and Hong Lien Lin, a single man hereby GRANT(S) to City of Dublin, a municipal corporation the real property inthe City of Dublin , County of Alameda , State of Califomia, described as PARCEL.A A non-exclusive easement for the construction, inStallation, operation, maintenance and repair of storm drain facilities on, over, under and across the herein described real property. The easement shall be subject to the dghts of Grantor to install any and all improvements; both temporary and permanent within' the easement, so long .as grantor's improvements do not interfere, with grantee's ,use bf the easement. Grantee's access .0%over and along the surface of the easement need not' be continuous but shall, at all times, provide access to the entire length of the easement. PARCEL. B A non-exclusive temporary easement for ingress and egress for construction and maintenance purDbses on, over and across that portion Of the property described in the deed recorded in Sedes No. 85-150494 and herein described. Said easement shall be subject to termination and relocation at Grantor's' discretion upon ninety (90) days notice. Said termination and i'elocation shall be concurrent and sh~,lt be consistent with the terms of this easement in order to"insure access by Grantee to the easement for operation, maintenance 'repair and reconstruction of the storm drain facilities. FOR LEGAL DESCRIPTION AND PLAT SEE EXHIBIT "A" ATTACHED HERETO AND MADE A .PART HEREOF Dated: January30, 20q3 Chang Su-o Lin, by Hong Lien Lin her attomey in fact Hong Yao Lin Hong Lien Lin EXHIBIT "B" DESCRIPTION PROPOSED DRAINAGE EASEMENT - CHANG SU-O LIN PROPERTY TO BE CONVEYED TO THE CITY OF DUBLIN 11267-08 Page I ofll 01/29~03 PARCEL A A non-exclusive easement for the construction, installation, operation, maintenance and repair of storm drain facilities on, over, under and across the beI6w described real property. Being a Portion of'that certain parcel of land known as: "Parcel 9" as shown upon that certain final-map entitled:/'Tract 7148" as filed on the t4th day of February, 2001 in Book 257 of maps, at pages 3-7, Official Records 'of Alameda County, California, Lying 'and being in the City of Dublin, Alameda County, California, also being a portion of Rancho Santa Rita, Township 3 South, Range I East, Mount Diablo-Meridian and being also a portion of the Chang Su-O Lin Property as shown and so designated on that certain record of survey Map No. 1005 (R.O.S. #1005), filed in Book 16 Of Reeord~ of Survey at pages 37 to 51, being also a portion of that certain pardel of land as described in the deed as recorded on July 31, 1.985, in series. No. 85- 150494 Alameda County.Rec0rder's Office, state of California, described as follows: Beginning at the most easterly terminus of the South line of "Parcel 9" as shown on that certain final'map entitled "Tract 7148" as filed on the 14th day of February, 2001 in Bootc 257 of maps, at pages 3-7, o~-ficial records of Alam6da County, which bears North 88° 29' 24" West 819.02 feet from an angle point in said south line: ThenCe along and coincident with said south line, along the arc of a non,tangent curve to the right having radius of 46.00 feet, whose radius point bears South 69° 27' 30" East from said point, 170.59 feet through a central angle of 212° 27' 59", to a point from. which radial line bears North 36° 59' 31" West to the center of said cur~.e; Thence continuing along said south line; North 87° 14' 04" East 134. I6 feet; South 88° 29' 24" East 942.77 feet; North 01° 30' 40" East ! !.00 feet; South 88° 29' 20" East i00.00 ~" K:kLDD2i\~rojecu~\11267(~u~e¥\L,EGAL DE$CRiPTION$~Exhibi[ A descr~plion 01-29~03.doc · 11267-08 Page 2 of 11 01/29/03 South 01° 30' 40" West I 1.00 feet; South 88° 29' 24" East 38.06' feet to the southeast comer of said "Parcel 9" and the southwest comer Of said.parcel described in series 85-150494,. s~d point also being on the.north right of way line of Interstate. Highway 1-580 which is coincident with the South line of' said parcel · described in series 85-150494, thence along said South line; South 88° 29' 04" East 418.99 feet; South 89° 41' 38" East-1394.82 feet; Thence. along the arc of a tangent curve to the left having a radius of 950.11 feet, 547.32 feet thru a central angle of 33° 00' 22"; Thence leaving said South line and entering said parcel described in Series 85-150494, along the arc of a tangent curve to. the left, having a radius of 423.82 feet, 243.87 feet thru a central angle of 32° 58' 08" to a point of reverse curvature; Thence along the arc of a tangent curve to the right, having a radius of 50.00 feet, 33.37 feet thru a central angle of 38.° 14' 26; .Thence North 62° -34' 18" East 54.84 feet to a point on the westerly line of Fallor/Road as described in the deed from Chang Su-o-Lin to the City of Dublin, recorded ,2003 under Series No. , official records of Alameda County; Thence 'along said westerly line North 00° 26' 33" East 43.46 feet; Thence leaving said westerly Iine and entering said parcel described in Series 85-150494, and said "Parcel 9", the following courses; South 62° 34' I 8" West 96.88 feet; Thence along the arc of a tangent curve to the left having a radius of 75.00 feet, 48.60 feet thru a central angle of 37° 07' 29" to a point of reverse curvature'hereinafter referred to as "Point A"; Thence along the arc of a tangem curve to the right having a radius of 374.92' feet, 363.70 feet thru a central angle of 55° 3.4' 52"; ~Thence non-tangent from last said curve South 8 ! o ! 3' 42" West 399, 72 feet; Thence North 89° 45' 48" West 883.00 feet; Thence North 77° 47' 14" West 51. I 1 feet; Thence North 89° 17' 24" West 91.86 feet; K:\[~DD2~'~projecrs\l [267ksun, ey\LEGAL DESCRIPTIONSkT. x. hibi1 A description C 1-29-03.doc 1 t267-08 Page 3 of 11 01129/03 Thence South 87° 31' 17" West 50.20 feet; Thence North 88° 28' 29" West 334. I0 feet; Thence North 88° 29' 07" West 344.42 feet; Thence North 79° 12' 32" West 25.3.'3 feet; Thence North 88° 29? .07" West 943.50 feet; Thence North 89° 55' 02" West 328.19 feet; Thence North 88° 29; 07" West '70.53 feet; Thence North 76° 04' 40" West 51;20 feet; Thence North 88° 29' 07" West 106.00' feet; Thence South 82° 27' 44"..West 73.16'feet; Thence along the arc of a tangent curve to the left having a radius of 115~00 feet, 26.84 feet thru a central angle of 13~ 22' 25" to the northerly right of way line of Northside Drive as described in deed from Chang Su-o-Lin to the. City of Dublin, recorded ,2003 under' Series No. ., official records of Alameda County; Thence along and coincident with said Northside Drive right of Way along the arc of 'a non- tangent curve to the right whose radius point bears South 39° 58' 04" West, having a.radius of 52.00 feet, 42.43 feet thru a central angle of 46° 45' 11" to the north fight of way line of North Side Drive, coincident with the south line of said "Parcel 9"; Thence along said south line, South 88o29'24TM East 304.02 feet to said point of beginning; COntaining 331,665 sq.ft or 7.61 Acres, more or less. Portion of APN 985-09-15 and 985-27-01 PARCEL B A non-exclusive temporary easement for ingress and egress for construction and maintenance purposes on, over and across that portion of the aforementioned real property described in the deed recorded in Series No. 85-150494 and described below. Beginning at aforementioned "Point A", thence along ~e arc of a curve to the left whose radius point bears North 64° 33' 11" West, .having a radius of 374.92 feet, 8.60 feet thru a central angle of0I° 18' 49"; K:¥LDD2[\projects\I I267Lsurce3;\LEGAL DESCRIPTiONS\Exhibit A description 0t-29-03.doc Thence North 24° 08' 00" East 175.00 feet; Page 4 of 1 t 01/29/03 Thence along the arc of a tangent curve, to the/'ighk having a radius of 75.00 feet, 62.39 feet thru a central angle of 47° 39' 39" to a point on the westerly line of Fallon Road as described in the deed from Chang Su-o-Lin to the City of Dublin, recorded .., 2003 under Series No. ,6fficial records of Alameda County; Thence-along said westerly line South 00° 26' 33" West 16.06 feet; Thence leaving said westerly line and entering said parcel described in Series 85-150494, along the arc of a non-tangent curve to the left whose radius point bears, South 23° 07' 00" East, having a radius of 60.00 feet, 44.77 feet thru a central angle of 42° 45' 00"; Thence South 24° 08' 00" West 140.16 feet to the North line of Parcel A described above; Thence along said north line along the arc'of a non-tangent curve to the left whose radius point bears South 28° 50' 47" East,. having a radius of 75.00 feet, 46.74 feet thru a central' angle of 35° 42' 24".to said point of beginning; Containing3,118 sq.ft, or 0.07 Acres, more or less.,... ..- Portion of APN 985-27-01 Prepared by mr°f~ss-i°/~ -L~d I~N°' 54l 2 (Expl 9130-04)Stat~ali±b~ ! .~ Prepared By L .t The firm of MACKAY & SOMPS K:\LDD2i\projects\I [267ksurveyXLEGAL DESCRiPTIONS\Exhibit A d:scription 01-29-03_doc MATCHLINE 1 _lEU. 'L'L1 ) '1 N39'58'04"E RADIAL N©RTHSIDE ~E SERIES No. OBERT CHAN THE BASIS OF BEARING IS RECORD PER 257 M ,3-7 THE DISTANCES SHOWN ARE GROUND DISTANCES. P.U.E. TO STATE OF CALIFORNIA RE: 2522 · IM: 969 N36'59'51 "W RADIAL N69'27'50"W RADIAL OINT OF BEGINNING S-FA-rE OF CALIFOR'NJA PER BK.6186 PG,447 CURVE TABLE CURVE DELTA Ct A=-. 46'45'1 i" C2 C6 LINE. L2 L22 L25 L24 LENGTH j RADIUS ' 4-2,45 J' 52.00 170.59I 4-6.00, 26.84- I 115.00 LINE TABLE LENGTH 154-.16 328.19 70.53 51.20 L25 1 O6.OO L26 75.16 A=212'27'59" ~=13'22'25" BEARING N87'14'O4"E N89'55'O2"W N88'29~O7"W N76'O4'40"W N88'29'OT"W NS2'27'44"E SHEET 5 OF 11 PLiT TO ACCOMPANY DESCRIPTION F2fI{IB~T ~" DRAINAGE EASEMENT CHANG SU-0 LIN PROPERTY CITY OF DUBLIN COUNTY OF-ALAMEDA CALIFORNIA mA(:I Y& SomPs INFRASTRUCTURE GROUP CML ENGINEERING *,. PLANNING,~ LAND SURVEYING SAN t:b~ON. CA. 9458~ (925)'g01-1190 SCAL£: ~=100' ! gAT~: 12-13-02 ! ,JOB NO. ~12~?-08 MATCHLI_NE._~ ~ l_~l ,LC) 1=_1 h_l P.U.E. TO STATE OF CALIFORNIA RE: 2322 IM: 969 ~ATCHMNE ! -[ LINE L22 LINE TABLE LENGTH [ 328.1g BEARING N 89.'55'02"W SHEET 6 OF 1' PLAT TO ACCOMPANY DESCRIPTION EXHIBIT "~" DRAINAGE EASEMENT CHANG SU-O LIN PROPERTY CITY OF DUBLIN COUNTY OFALAMEDA CALIFORNt~ m.l K Y & somPs INFRASTRUCTURE GROUP CIVIL ENGINJ~ERIN~: · PM, NNING · ~ND SURV~NG ~N ~. ~ 94~ (925) 901-1~90 'MATCHLINE 3 CHANG-SU-O LIN SERIES NO 85-150494 7'--..--1 ,'p-- C) co -Z MATCHLINE 2 ROBERT CHAN THE BASIS OF BEARING IS RECORD PER 257 M 5-7 THE DISTANCES SHOWN ARE GROUND D!STANCES, 'A' © cO -- P.U.E. TO STATE OF CALIFORNIA RE: '2322 IM: 969 LINE TABLE LINE LENGTH BEARING L4 11.00 NO1 "30~40"E L5 '100.00 N88'29'20"W L6' 11.00 NOl'30'40"E L'7 58.06 N88'29'24"W LI 9 344. 42 N 88'29'07'"W ..... L20 I '25.33 N'79"12'32"W ' SHEET 7 OF PLAT TO ACCOMPANY DESCI:tlPTI0'N' EXHIBIT "~' D12AINACE EASEMENT CHANG SU-0 LIN PEOPE12TY CITY OF DUBLIN COUNTY OFALAMED,k. CALIFORNIA mAOl l & SiPs INFRASTRUCTURE GROUP CML ENGINEERING ~, PLANNING· ~D ~ING ~N ~. ~ 94~3 , (925) 901~1190 SCALE: I'=100' ~ DA~E: 12-~02 ~ JOB NO. i12~7-0B MATCHLINE 4 Z PARCEL MATCHLINE · 3 ROBERT CHAN THE BASIS OF BEARING IS RECORD PER 257 M 3--7 THE D!.STANCES SHOWN ARE GROUND DISTANCES. © CL--} L~ LINE TABLE LINE LENGTH BEARING 'L16 91.86 N89'17'24''w L17 50.20 N 87'51 '17'% L18 534.10 N 88'28'29"W L19 344.42 N88"29'07"W . SHEET 8..OF 1 PLAT TO ACCOMPANY DESCRIPTION ExHmIT "~' DRAINAGE EASEMENT CHANG SU-O LIN PROPERTY CITY OF DUBLIN COUNTY OF ALAMEDA CALIFORrN mAOKAY&SOmPS INFRASTRUCTURE. GROUP CML EN6INE[RIN6 ~, PLAI4NIH8 · LAND SUR'VIZYINg SAN RAMON. CA. 9458,5 (~25) 901-1190 k~,OKAY & SO,~PS IS NOT RCSPOIqS)eL£ FOR "THE ACCU~CY OR COUPLE'TEN'ESS OF SCALE: '~"=iO0' t DATE: 12-13--02 I JOB NO. 11267-08 MATCHLINE 5 ZOOOD O0 OD Z Z PARCEL 'A 1 I 't _ MATcHI~NE 4 / / /~,~'~'~ . LAN/) ._,, OBE T o ~BERT CHAN 25V M { -V THE GROUND DISTANCES. THE BASIS OF BEARING IS RECORD PER 257 M 3-7 THE DISYANCES SHOWN ARE LINE TABLE LINE LENGTH BEARING L15 ' 51.11 N77'47'14"W L16 91.86 . N 89'17'2 4"W SHEET. 9 OF 11 PLAT TO ACCOMPANY DESCRIPTION DRAINAGE EASEMENT CHANG SU-O LIN PROPERTY CITY OF DUBLIN COUN'fY OFALAMEDA CALIFORNIA mACKaY & SomPs INFFIASTFIUCTURE GROUP CML £NGIN[ERING · PLANNING; SAN R.~ON, CA. 94585 (925) 901--t190 ~ SCALE: ~"=~00' i DATE: 12-13-02 ! JOB NC. 1~267--08 CHANG-SU-" 0 LIN SERIES NO' 85-150494 N89'45'48"W 883.00 , -.-----~' N89'41'38"W 1594.82' C3 INTER~,.S-.FATE HIGHWAY' J'oo~"'"" / CHAN THE BASIS OF BEARING tS RECORD PER 257 M 5-7 THE DISTANCES SHOWN ARE GROLIND DISTANCES. CURVE TABLE CURVE c3 LENGTH 1' RADIUS 547..32 950.11 LINE TABLE DELTA A=`33'00'22" LINE [ LENGTH L1`3 .399.72 BEARING' N81 '13'42" E SHEET 10 OF 1 PLAT TO ACCOMPANY DESCRIPTION EXHIBIT .~. DRAINAGE EASEMENT CHANG SU-O LIN PROPERTY CITY OF DUBLIN COUNTY OF ALAMEDA CALIFORN iiiAOKAY&$omPs IN~-RASTRUC'PJRE GROUP CML £1~INERIN¢ * PLANNING · LAND SUtWE'tING SAN P.A~ON, CA 94585 (925) 901-1190 U^CK^Y & SOUPS ~S NOT RESPONSIBLE FOR THE A$CUI~.OY"OR COUPLETENESS OF SCALE: i"=lO0' ~ DATE: I2-i3-02 I ,)OB NO. 1126'7-0B · cURVE TABLE CURVE· LENGTH RADIUS . DELTA. .. C3 547.32 950.11 A=-- 33'00'22'i. ' C4 62.39 75.00 A=47"39'39". C5 372.30 374.92 /',=56'53'41" C6 -243.87 ' 423.82 A=-- 32'58'08" · C7 3.3.37 50.00 A=- 38"14'26" C8 3"63.70. 374.92 A.=55'34'52" C9 48.6'0 ..75.00 'A='37"07'29" C10 1.86 75.00 A= 01'25'05"' C 11 8.'60 374.92 A=01 '18'49". C12 46.74 '75.00 ,/',=35'42'24" C13 · 44.77 60.00 A= 42'45'00" POINT 'A-- PARCEL 'A' CHANG-SU-O LIN SERIES NO 85- 15049.4 ':5 03 POINT A 'POB PCL N1 8' 1.2'21 "W(R) -L14 -,. ;7 DETAIL NTS /- OBER, T'CHAN SHEET 11 OF 11 THE BASIS OF'bEARING IS RECORD PER 257 M 3--7 THE DISTANCES SHOWN ARE GROUND DISTANCES. LINE' TABLE LINE .,LENGTH BEARING · L1:1 45.46 NOO'26'55"E L12 175.00 N 24"D8' O0"E L13 399.72 N 81 '15"42" E L14 . 16.06 N 00"26'3,3"E L15 140.16 N 2 4'08'00"E L16 96.88 N 62',34' 18"E Lt7 .54:84 N 6 2'34"t-8"E : PLAT TO ACCOMPANY DESCRIPTION EXHIBIT ~" DRAINAGE EASEMENT CHANG SU-O LIN PROPERTY CITY OF DUBLIN COUNTY OF ALAMEDA CALIFORNIA mAOKAY&SOmPS INFRASTRUCTURE GROUP CI~L ENGINEERING· PLANNING· LC4~D SUEV~flNO SAN P, AMON. ~ 94585 (925) 901--1190 SCALE: ~'=100' ~ DATE i2-13-02 ~ JOB NO 112,37-08 NORTH ! I I ! 1 DRAINAGE LINE G3 BOX CULVERT LOCATION MAP