HomeMy WebLinkAbout4.02 ApprvFM TR6964 M-3CITY CLERK
AGENDA STATEMENT
CITY COUNCZL MEETING DATE: .... .June 15, 1999
SUBJECT:
.... Approval of Final Map, Tract 6964 (Dublin Ranch M-3)
Report PrePared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
RECOMMENDATION:
FINANCIAL STATEMENT:
1) Resolution Approving Final Map for Tract 6964
2) Resolution Accepting Parkland In Lieu Fee
3) Reduced Copy of Final Map, Sheets 1 and 2
4) Tract Developer Agreement with Standard Pacific
Corporation for M-3 Neighborhood Onsite Tract
Improvements
Adopt resolutions.
_S~_~.~i.~Cgrporation is providing performance and labor
and materials bonds to guarantee construction of the onsite tract
improvements for the M-3 Dublin Ranch Phase 1 Neighborhood,
and will pay the cost of the associated construction inspection.
Once improvements have been constructed and accepted, the 'City
will incur maintenance costs for City-maintained improvements.
[
DESCRIPTION: Tract Map 6964 is located in the Eastern Dublin Specific Plan area,
generally bounded by Tassajara Road on the west, South Dublin Ranch Drive on the north, vacant land to
the south, and dedicated open space land on the east. Tract 6964 consists of 123 resid~nt~g! !OtiS, several
private landscape parcels, a private recreation area, private roads and easements.
A Tract Developer Agreement with Standard Pacific C°rporation is required with this project which
covers all of the onsite tract improvements associated with the development of the M-3 Neighborhood and
includes street improvements, grading, and utilities.
The improvement plans and Final Map for this project have been reviewed and found to be in substantial
conformance with the Tentative Map and Conditions of Approval. All of the required fees, bonds,
insurance certificates and the signed Tract Developer Agreement have been submitted and reviewed.
The street names for this project have been previously approved by the City Council.
Staff recommends that the~City Council adOpt the attached resolution approving the Final Map for Tract
6964.
ITEM NO.
G:\develop\dubranchX3/I3\agst6964
RESOLUTION NO. - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAPFOR TRACT 6964
(DUBLIN RANCH - NEIGHBORHOOD M3)
WHEREAS, the Final Map for Tract No. 6964, in the incorporated territory of the City of Dublin,
State of California, has been presented to this City Council for approval, all in accordance with the
provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and
WHEREAS, the onsite Developer, Standard Pacific Corporation, has executed and filed with the City
of Dublin a contract to improve the M-3 Neighborhood onsite tract improvements in accordance with the
Final Map of said Tract No. 6964, the Tract improvement plans and specifications attached thereto; and
WHEREAS, said contract is secured by a bond in the amount of $1,228,300 for onsite M-3
Neighborhood improvements, conditioned upon faithful performance of said contract; and
WHEREAS, said contract is secured by a bond in the amount of $614,150 for onsite M-3
Neighborhood improvements, conditioned upon payment for labor performed or material furnished under the
terms of said contract.
NOW, THEREFORE, BE IT RESOLVED that said contracts and bonds be and they are hereby
approved and the Mayor is hereby authorized to sign the Tract Developer Agreement on behalf of the City;
and
BE IT FURTHER RESOLVED that the Final Map of Tract 6964 be and the same is hereby
approved; and that rights to those strips of lands marked Public Service Easement (P.S.E.) and Emergency
Vehicle Access Easement (E.V.A.E.), as offered for dedication to public use in conformity with the terms of
dedication be, and they are hereby accepted; and that the Clerk of this City Council be and is hereby directed
to transmit said Map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 15th day of June, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
RESOLUTION NO. - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTANCE OF PARKLAND DEDICATION
IN LIEU FEES FOR FINAL MAP TRACT 6964 (NEIGHBORHOOD M3)
WHEREAS, pursuant to Section 8-7.1 of the Subdivision Ordinance 1-91, as adopted by the City
of Dublin, and City of Dublin Municipal Code 9.28.020, each residential use shall as a condition to the
approval of a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination
of both, for park and/or recreational purposes; and
WHEREAS, in its action on the Tentative Map of the subject Tract, the Planning Commission of
the City of Dublin did determine in accordance with Section 8-7.1 of the aforesaid Subdivision Ordinance
that a fee in lieu of land dedication for park and recreational facilities is to be paid for community parks as
a portion of the City's Facility Impact Fees, and said fee to be used for the development of park and
recreational facilities within a period of five years from the date of adoption of this resolution to serve the
residents of the subject tract; and
WHEREAS, the Developer has paid to the City a remittance amount as prescribed in accordance
with Section 8-7.6 of aforesaid Subdivision Ordinance 1-91; furnished by the Tract Developer and
identified as follows:
Tract: 6964
Subdivider: Standard Pacific Corporation
Amount: $174,168
WHEREAS, said fee shall be used for the acquisition and/or construction of Community Parks in
Eastern Dublin.
NOW, THEREFORE, BE IT RESOLVED that the aforeSaid remittance is hereby accepted as
performance of said subdivider's obligation under Section 8-7.1 et seq. of the aforesaid SubdiviSion
Ordinance 97-1.
PASSED, APPROVED AND ADOPTED this 15th day of June 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
OWNER'S STATEMENT:
THE UNOERS~CNEO, HEREINAr[ER REFERRED TO AS "OWNERS' DO HEREBY STATE ITIAT THE'Y ARE THE OWNERS
OF ALL THE [ANDS DELINEATED AND EMBRACED WITHIN 1HE HEAVY BROKEN UNE BY TWO SHORT DASHES
UPON THE HEREIN EMBODIED FINAL MAP ENTITLED: 'TRACT 6964"o CONSISTING OF SEVEN (7) SHEETS,
THIS STATEMENT BEING UPON SHEET ONE(I) THEREOF AND CONSENTS TO THE PREPARATION AND
F LNG OF SAID MAP; THAT SAID MAP PARTICULARLY SETS FORTH AND DESCRIBES ALL OF THE
IN WITNESS WHEREOF. THE UNDERSIGNED HAVE EXECUTED THIS STATEMENT ON THE __ DAY OF
1999.
BY: TITLE:
SIANDAR0 PACIFIC CORP., ABE[AWARE CORPORATION.
BY: 'r11~E; AUTHORIZES REPRESENTATIVE
VOIC£EDGMENT:
..... LLY APPEARED PERSONAL~Y KNOWN TO ME (OR PROVEN
'~, OF SATISFACTORY ~AOENCE) TO BE THE PERSON(S) V/HOSE NAME(S) IS/ARE SUBSCRIBED
~.-~ MENT AND ACKNOWLEDGED TO ME THAT HE/SHEfiH[Y EXECUEO iH[ SAME IN HIS/HER~'HEIR
~'~'~ '(lES), NqD 'THAT BY HIS/HER/THEIR SICNA~RE(S) ON THE INSIRUMENT THE PERSON(S)
m
(PRINTED).
~U~C mi ~NO FO~ 1,E Coutmt
NOWLEDGMENT:
(PRINTED),
PUeUC ~ ,~o rO~ IH£ C0~R~'
SURVEYOR'S STATEMENT:
I. ROBERT CHAN, STATE THAT THE SUBON~SION SHOWN ON THIS MAP
IS MAOE FROM A SURVEY UNOER MY DIRECTION DURING THE MONTH OF
MARCH, 1990; THAT THE SURVEV IS TRUE AND COMPLETE AS SHOWN;
TItAT THE MONUMENTS OF THE CHARACTER SHOWN ON THE FINAL MAP
ARE SUFFICIENT TO ENABLE TttE SURVEY TO BE RETRACED OR WILL BE
SET IN THE POSITIONS INDICATED PRIOR TO THE ACCEPTANCE OF THE
IMPROVEMENIS. AND THAT THE AREA IS 15.O50 ACRES, MORE OR LESS,
GATED; tggg
ROBERT CHAR, L. S. NO. 5412
REGISTRATION EXPIRES: 9/.10/00
CITY ENGINEER'S STATEMENT;
I HEREBY STATE THAT I HA'V[ EXAMINEO THIS MAP ENTIll.[B 'TRACT 6964"
ANB THAT THE SUBOMSION AS SHOWN IS IN SUBSTANTIAL COMPLIANCE
WITH THE TENTATIVE MAP OR ANY APPROVED ALTERATIONS THEREOF.
THIS FINAL MAP CONSISTING OF SEVEN (7) SHEETS, THIS STATEMENT
BEING UPON SHEET ONE (11 1HEREOF, C0N~O~MS WITH THE REQUIREMENTS
OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AND IS
TECHNICALLY CORRECT.
DATEDi . 1999
LEE S, THOMPSON, CITY ENGINEER
R.C,E. No. 19.:]48. REGISTRATION
EXPIRES: SEPTEMBER .,.10. 2001
PLANNING DIRECTOR'S STATEMENT:
THIS ~ CONFORMS TO THE TENTATN[ MAP AND CORRESPONOING CONOITtONS
AS APPROVED BY Tile Pt~NNINB COMMISSION. THIS ~ ~ BEEN R~EWED
BY ME ~D THE CONDITIONS OF ~PROV~ ~ BEEN ~SFIEO.
EDDIE P~OOY, JR.
CLERK OF THE BOARD OF EUPERVISOR'E STATEMENT:
~. c~?~ K. H)SHI~ C~RK OF ~E B~D OF SUPE~SORS OF
COUN~ OF ~ED~ STALE OF ~F~N~ O0 HEREBY SIA~. ~ CHECKED
BELOW, T~T:
CRYSTAL K, HISHIDA
CLERK OF THE BOARD OFSUPERVISORS
COUNTY OF ALAMEO.%
SIAl[ OF CALIFORNIA
BY:
DEPUI¥ CLERK
COUNTY RECORDER'$ STATEM~'NT;
FILED FOR RECORD THIS -- DAY OF 19_~9 AT __M.,
IN BOOK -- OF MAPS AT PAGES -- ATIHEREQUEST OFFIRST
AMERICAN TITLE GUARANTEE COMPN~Ir.
FEE: $ Pd, SERIES No.
PATRICK O'CONNELL
COUNT7 RECORDER IN ,AND FOR Tile
COUNTY OF ALAMED~ STA11~ OF C,~M..JFORNIA
OEPUTY COUNIY RECORDER
STATEMENT OF SOILS REPORT:
A SO~L AND BEOTEOHNICAL ~NVESBCATION NVB REPORT OATEO ,JUNE
1995, WAS PREPARED BY BERLOGAR BEOTECHNICJ~L CONSULTANTS. JOB
No. 1594.101. AND FILED WITH THE COY O~ DUBLIN, CALIFORNIA
CITY' CLERK'S STATEMENT:
I, KAYKECK, CI]'YCLERKAROCLERKOFmECOURClLOFmECflYOFOUBUN, TI ACT 6964
SHEETS, THIS STATEMENT BEING UPON SHEET ONE (11 THEREOF, A SUBDIVISION 0Y PARCEL T AND 'P' 0F TRA~ 6925
W~ PRESEN~D TO ~D COUNC~ ~ PR~OEO ~ ~W AT A UEERNG HE~ ~ AS FILED IN BOOK 241 OF MAPS. AT PAGES 39-52,
D~T ~O COUNCIL DID IHEEEUFON ~PR~ ~0 ~ ~O mD ~CEPT. SU~ECT BEING A PORTION OF RANCRO SAN RAMON
~0 rePReSENTS. OH B[H~ Or ~ PUBUC. ~ PUaUC S[~CE ~E~[NTS
[~E). ~GE,~ ~,~C~ ~C[SS ~TS (~), ~U ~On~ O~N ~{S TOWNSIIIP 2 SOUTll, ~NGE i EAST, M.D.B. ~ ~.
SD[) ~ SHOW~ THEREUPON AS D[OI~TEO TO PUOUC USE.
.... CITY OF DUBLIN ......
u~ ,o ~cco.~ ~c w,THIN n.~ ~. ~ .~. F..o~o ~ TH~ A~MEDA COUNTY. CAL{FOEN{A
~Y K[CK, CI]Y C~EK AND C~RK OF ~Y, 1999
19113-1
(R-3))~ ~ PARCEL 'O' TRACT §g25 241 M 3g-52
%
t,~ ~ L~_2 r_2 ~_WiRI I 60.94' BNDY.
~01'~'~9"[ 618.5t' BNOY. NOI'13'O~E
615,00'
BNDY.
'R' CEORGETOWN CIRCLE P~C[~ '~'
~ P~CEL 'O'
R=816' fl= 16"57'1~L=241.47' P~CEL
N4~Ig'35"E 25,74'
~N8~35'44"W 208,17'
, ,~CEL 'Q' DONDERRY DRIVE P~CEL 'O'
3938.8y ~ i~
~'~)~ ' NO~24'I6'[ H14.99' U-. (R-2) N03'24'16"[ ~ E 678.71' BNDY.
--F~NO RR SPIKE ON CE 66' R/W ~R
P~C[L ~ NO. 1193. ~ 8i P.U., ~. 40 I [1215.50' (R2 & PER ~, 8 R.O.S, PG. 27-29]
· round ~[~ c~ mm fl=15"23'22" L=29.01' BNDY, ~lS OF B~INCS LINE
~ s~P[ouo, ~3. '~s~. a 4'&O.S., P[~ ~.~[~RO~7_Z~ SU~ R= 132.00' A= 13"12'13" L=30.42' BNDY.
109 I
REFERENCES
(R-I) RECORD UF SURVEY NO. 1005, ~ FEBRUARy I, 1993, BK. 16 R.O.S., P~. 37-51,
ALAMEDA COON 1{',
BASIS OF BEARINGS
IRE BEARING OF NOI13'OT'E AR :5HO~ ON I}lE U~qUMENT UNE O~ TASSAJARA
ROAO p~ ~CO~O CF SURVEy MAP NO. IOOS (R-I) - FILEO FEBRUARy I.
1993, IN S00( 15 0{' RECORD OF SUR~YS AT PA~S 37-51, ALAUEOA COUNIY
RECORDS, WAS TAJiEN AS 1HE SAS{$ O: 8E.A~NGS FO8 1~S UAW,
NOTES:
I) THIS ~ ~ 19 BONG rlL[O
VAIH SECTS e64~ ~H 66443
~n~ ~S~CH F~ O~ ~UUB~CES
LEGEND '
SET CI1Y (3ir DUBLIN STN, IDARD SI~EET MONUMENT STAMPED W/ LS. 5412
STANDARD STREET MONUMENT O~ RECORD PER IP, A~T 6925 W/LS. 5412
FOUND MONUMENT AS NOES
FOUND Pt&ROt/) SPIKE AS NO]~D
(R) RN)IN. B EA.qlNO
M-M MONUMENT TO MOt, lUMEN!
M-PL MONUMENT 10 PROP[RIY UNE
SDE STORM DRNN EASEMENT
DS. RSO OUBUN ~ RA~ON SERVICE DISTRICT EASEMENT
PS[ PUBLIC SERVlCE EASEMENT
JAE JOINT ACCESS EASEMENT {RESERVED HEREON)
EVA[ [&{ERGENCY ~HtCE ACCESS EASEMENT
BNDY. 8OUNDkR¥ UNE DATA
? :L;::.,oo.oD I
TRACT 6964
A SUBDIVISION OF PARCEL '!' AND 'P' OF TRACT 6925 '!
AS FILED IN BOOK 24i OF MAPS, AT PAGES 39-62, ]
BEING A PORTION OF RANCHO SAN RAMON
TOWNSHIP 2 SOUTII, RANGE I EAST, M.D.S. &: M. I
CITY OF DUBLIN
ALAMEDA COUNTY, CALIFORNIA
mA )KAYS[$0mP$ '/'
MAY, 1999
/
SHEET 2 OF 7
CITY OF DUBLIN
TRACT DEVELOPER AGREEMENT
This agreement is made and entered into this __ day of , 1999, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as CITY, and
STANDARD PACIFIC HOMES, hereinafter referred to as "DEVELOPER".
WITNESSETH
WHEREAS, it has been determined by the City Council of the City of Dublin, State of
California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 6964 in
accordance with the requirements and conditions set forth within the City of Dublin Planning
Commission Resolution No. 98-59 adopted on December 8th, 1998, the requirements of the
Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of
Dublin; and those certain plans and specifications for said development approved by said City
Council, 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 to satisfactorily complete the required improvement
within the time hereinafter specified, and City intends to accept Developer's offei(s) of
dedication of said improvement(s) 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 the work required bY this
Agreement within thirty (30) days following the date on which City executes this Agreement.
Developer shall complete Said work not later than three hundred sixty-five (365) days fol!owing
said date of execution. Time is of the essence in this Agreement. Upon completion,
Developer shall furnish City with a complete and reproducible set of final as-built Plans,
including any authorized modifications.
2. Bonds Furnished. Concurrently with the execution of this Agreement, Developer
shall furnish City with a Faithful Performance Bond and a Labor and Materials Bond. i Each
bond shall be in a form prescribed by City, and shall be issued by a company duly and legally
licensed to conduct a general surety business in the State of California. Each bond shall
become a part of this Agreement. ~
a. Faithful Performance Bond. Developer shall furnish City with al bond
conditioned upon the faithful performance of this Agreement, said bond to be in the pen~tl sum
of $1,228,300.
Page 1
b. Labor and Materials Bond. Developer shall furnish City with a bond
conditioned upon payment of all claims for labor and materials used or consumed in the
performance of this Agreement. Said bond shall comply with the laws of the State of
California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of California
(commencing with Section 3082). Said bond shall be in the penal sum of $614,150.
3. Insurance Required. Concurrently with the execution of this Agreement,
Developer shall furnish City with evidence of insurance coverage as specified below.
a. Worker's Compensation Insurance. Statutory coverage as required to
cover the full liability of Developer in accordance with the provisions of Division IV of the Labor
Code of the State of California, and an employer's liability insurance coverage with a limit of
not less than $100,000 per occurrence to cover any claims arising from employment not
covered by worker's compensation laws.
b. Comprehensive General Liability Insurance. Minimum limits of liability
shall not be less than $1,000,000 per occurrence combined single limit bodily injury and
property damage coverage; any deductible provision shall not exceed $1,000 per claim, and
each and every policy must contain a cross liability or severability of interests clause.
c. Comprehensive Automobile Liability Insurance. Minimum limits of liability
shall be not less than $1,000,000 per occurrence combined single limit bodily injury and
property damage coverage; coverage shall include owned, non-owned, and hired vehicles,
and each and every policy must contain a cross liability of severability of interests clause.
d. Other Requirements. All insurance policies shall be issued by a company
legally licensed to transact business in the State of California, shall be issued at Developer's
own cost and expense, shall be maintained by Developer in full force and effect during the life
of this contract, and must have an "A.M. BEST" rating of B+, X or better. All certificates of
insurance shall name the City and its officers, agents and employees as additional insureds,
shall contain a provision that a written notice of cancellation or reduction in coverage shall be
furnished the City (10) ten days in advance of the effective date thereof, and shall state that
such coverage is primary to any other coverage of City.
4. Work Performance and Guarantee. Developer shall secure the services of those
skilled in the trade, profession, or calling necessary to perform the work to be accomplished
under the terms of this contract, and shall guarantee and maintain the work for a period of one
(1) year following the completion and acceptance thereof against any defective workmanship
or defective materials furnished in the performance of this Agreement, and any acceptance of
the work by City will not operate as a release to Developer or Developer's bondsmen from the
aforesaid guarantee.
5. Inspection of the Work. Developer shall guarantee free access to City through
its Public Works Director/City Engineer and his designated representative for the safe and
convenient inspection of the work throughout its construction. Said City representative shall
have the authority to reject all materials and workmanship which are not in accordance with
Page 2
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.
6. Agreement Assiqnment. This Agreement shall not be assigned by Developer
without the written consent of City.
7. Abandonment of Work. If the work to be done under this Agreement is
abandoned, or if this Agreement is assigned by Developer without written consent of City, or if
City through its City Engineer determines that the said work or any part thereof is being
unnecessarily or unreasonably delayed or that Developer is willfully violating any of the
conditions or covenants of this Agreement or is executing this Agreement in bad faith, the City
shall have the authority to order Developer to discontinue all work or any part thereof under
this Agreement, and Developer shall cease to continue the work or such part thereof as City
may designate, and City shall thereupon have the power to obtain by Agreement, purchase,
rental or otherwise, all labor, equipment, and materials deemed necessary to complete the
work and to use such materials as may be found upon the line of such work. Developer and
his sureties shall be liable for all expenses incurred by City for the acquisition and use of such
labor, equipment, and materials.
8. Use of Streets or Improvements. At all times prior to the final acceptance of the
work by City, the use of any or all streets and improvements within the work to be performed
under this Agreement shall be at the sole and exclusive risk of Developer. The issuance of
any building or occupancy permit by City for dwellings located within the tract shall not be
construed in any manner to constitute a partial or final acceptance or approval of any or all
such improvements by City. Developer agrees that City's Building Official may withhold the
issuance of building or occupancy permits when the work or its progress may substantially
and/or detrimentally affect public health and safety.
9. Safety Devices. Developer shall provide and maintain such guards, watchmen,
fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on
the tract site as may be necessary to prevent accidents to the public and damage to the
property. Developer shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to
be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and
other safety devices (except such safety items as may be shown on the plans and included in
the items of work) shall be removed from site of the work by the Developer, and the entire site
left clean and orderly.
10. Acceptance of Work. Upon notice of the completion of all tract work and the
delivery of a set of final as-built plans to City by Developers, City, through its City Engineer or
his designated representative, shall examine the tract work without delay, and, if found to be in
accordance with said plans and specifications and this Agreement, shall accept the work and
notify Developer or his designated agents of such acceptance.
Page 3
11. 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, Developer shall be liable for, and shall indemnify City from any fees, costs
or litigation expenses, including attorneys' fees and court costs, which may result from the use
of said patented or copyrighted material, process or publication.
12. 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.
13. Liability.
a. Developer Primarily Liable. Developer shall be responsible for any and all
loss, accident, neglect, injury or damage to person, life or property which may be the result of
or may be caused by construction, operations, or execution of this Agreement, and for which
City might be held liable. Developer shall protect and indemnify the City of Dublin, the City
Council, the City Engineer and/or any officer, agent or employee of the City, and save them
harmless in every way from all suits or actions at law for damage or injury to persons, life or
property that may arise or be occasioned in any way because of construction operations or
execution of this Agreement.
b. Design Defect. If, in the opinion of the City, a design defect in the work of
improvement becomes apparent during the course of construction, or within one (1) year
following acceptance by the City of the improvements, and said design defect, in the opinion of
the City, may substantially impair the public health and safety, Developer shall, upon order by
the City, correct said design defect at his sole cost and expense, and the sureties under the
Faithful Performance and Labor and Materials Bonds shall be liable to the City for the
corrective work required.
c. Liti.qation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this Agreement or
seeks to specifically enforce the terms of thiS Agreement, and, in the event judgment is
entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and
court costs.
IN WITNESS WH£REOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
CITY OF DUBLIN
Page 4
By
Mayor
Al-rEST:
City Clerk
DEVELOPER
William J. Soto Jr.
Type or Print Name
Vice President, Operations
Title
Page 5
' }s.
personally known to me (or.-pr-eved--'
-o . · ' to be the personf, s~whose name~ is/are subscribed to the within
,--
instrument and acknowledged to me that he/~e/,,'h~ executed the same in his/hefCtheir authorized capacity.(~'¢~,
~ and tl~at by his/t'redth~ signature.,(~ on the instrument the person~r the entity upon behalf of which the
, perso cted, executed the instrument.
WITNESS my hand and official seal.
O
Signature
O'his area for official notarial seal)
COMMISSION 1153270
NOTARY PUBLI(~ · CALIFORNIA~
ALAMEDA COUNTY
Gom~ttt~ E~ret Sep, 34, 20Ol