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HomeMy WebLinkAbout4.06 DubRanATr7136FMapSUBJECT: CITY CLERK FILE # 600-60 AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 19, 2002 Approval of Final Tract Map for Tract 7136, Dublin Ranch Area A, Neighborhood A-1 (Toll Brothers) Report Prepared by: Lee S. Thompson, Public Work3 Director ATTACHMENTS: 1) 2) 3) 4) · Resolution Approving Final Tract Map 7136 Reduced copy of Final Tract Map 7136 Tract Developer Agreement for Public Improvements Tract Developer Agreement for Landscape Improvements RECOMMENDATION:~Adopt reSolution approving Final Tract Map 7136 FINANCIAL STATEMENT: The developer is providing bonds to guarantee construction of the street, grading, and utility improvements and will pay the cost of construction inspection. Once improvements have been constructed and accepted, the City .will incur maintenance costs for the City- maintained improvements. DESCRIPTION: Final Tract Map 7136 is located in Eastern Dublin, Dublin Ranch Area A, northwesterly of Fallon Road, and is phase one of Master Tract 7252 (the total Area A) that was approved by the City Council on July 17, 2001 (PA 99-060). This Tract will divide 38.7 acres of Tract 7252 (Parcel A) into 110 low-density single-family homes with private streets and 5 parcels for common area. The common area includes such uses as recreation, open space, trails, parking, utilities, drainage, ingress and egress and landscaping. This Final Tract Map includes dedications of sanitary sewer, water, joint access, public service and emergency vehicle access easements to serve these parcels as shown on the Final Tract Map. The improvement plans and the Final Tract Map have been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval. The backbone infrastructure of all private streets will be constructed for the improvements to provide public street access and utilities for all Parcels of Tract 7136. The City has received performance bonds in the amount of $2,887,560 for all onsite/offsite improvements and $1,094,300 for landscape improvements for a total of $3,981,860 as security conditioned by the Tentative Map that are applicable to this phase of development. All of the reqUired fees, insurance certificates and the signed Tract Developer Agreements have been submitted and reviewed. Staff recommends that the City Council adopt the resolution approving Final Tract Map 7136. COPIES TO: Bill Morrison (Toll Brothers) G:\DEVELOP\Dublin RanchkAreas A-EkA- 1 Tract 713 6kAGST713 6. doc RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP FOR TRACT 7136 (DUBLIN RANCH AREA A, NEIGHBORHOOD A-l, TOLL BROTHERS) WHEREAS, the Final Map for Tract 7136, 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 provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and WHEREAS, the Developer, Toll Brothers, has executed and filed with the City of Dublin an agreement to improve Tract 7136 in accordance with the Final Map of said Tract 7136, the Tract improvement plans and specifications attached thereto; and WHEREAS, said agreement is secured by bonds in the amount of $2,887,560. Required improvements include: Kingsmill Terrace, Turnberry Drive, Sawmill Lane, Annandale Way, Bellerive Lane, Bay Hill Court and Turnberry Court improvements, of which $2,887,560 for said improvements is conditioned upon faithful performance of said contract, and $1,443,780 for said improvements for the benefit of laborers and materials upon the work and improvements, conditioned upon payment for labor performed or material furnished under the terms of said agreement; WHEREAS, said agreement is secured by bonds in the amount of $1,094,300. Required landscape improvements include: Kingsmill Terrace, Turnberry Drive, Sawmill Lane, Annandale Way, Bellerive Lane, Bay Hill Court and Tumberry Court landscape improvements, of which $1,094,300 for said improvements is conditioned upon faithful performance of said contract, and $1,094,300 for said improvements for the benefit of laborers and materials upon the work and improvements, conditioned upon payment for labor performed or material furnished under the terms of said agreement; BE IT FURTHER RESOLVED that the Final Map of Tract 7136 be and the same is hereby approved, and that rights to the areas marked as the following: those strips of land marked as Public Service Easement (P.S.E.), and Emergency Vehicle Access Easement (E.V.A.E.), offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted, subject to improvement 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 19th day of March, 2002. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:\DEVELOP\I BASIS OF BEARINGS: ?AI~CEL 'c' TRACT. 7252 N27",18'07' E 8!,21' N! ?'59',,xO"E 67,62' 66.81' BNDY. j N45*O~'50"E 80.1 ~ ~o rgw~ " N4~'4~ · ~ ~NE WAY ~ , . ~-~ ~A x ua ~ - - ' ~48'~E 169.49' ~. ,, . DETAIL "A: ~2.07' 8qlTf, /I o 100 200 400 96.81 BNOY. ?ARC~L *J'-TRACT 7~'5~ IR-IJ NO3"SI'IO"E 98.41' BNDY. ~ ~ ~, ~ fl~. ~ ~ ~ ~ ~TA ~ ~ ~m [~ ~R ~-~)] LOT ~ ,REFERENCES: TRACT ? 1.36 A SUBDIVISION OF PARCEL 'A'-TRACT 7252, AS FILED IN \ $ .I BOOK__ OF.MAPS,'ATPAGES__-__, ALAMEDA COUNTY RECORDS. CITY OF.DUBLIN ALAMEDA ,COUNTY, CALIFORNIA SEPTEMBER, 2OO1 IllAeKAY&SmPS CITY OF DUBLIN TRACT .DEVELOPER AGREEMENT This agreement is made and entered into this day of ,2002, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Toll Brothers, Inc. hereinafter referred to as "DEVELOPER". RECITALS WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that DEVELOPER, the subdivider of Tract Map 7136 desires to improve and dedicate those Public landscape improvements (hereafter 'q'he Improvements") required by City of Dublin Planning Commission Resolution No. 00-37 adopted on July 25th, 2000 in accordance with the requirements and conditions set forth in said resolution, the requirements of the Subdivision Map 'Act of the State.of California, the Subdivision Ordinance of the CITY, and those certain Plans and specifications for said development approved by CITY on May 5, 2001 for landscape Improvement Plans of Dublin Ranch Area A-l, Tract 7136 submitted by Mackay & Somps, 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 Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement: NOW, THEREFORE, in consideration of the mutual-promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. 'DEVELOPER will commence construction of The Improvements within ninety (90) days following the date on which CITY executes this Agreement. DEVELOPER shall complete said work not later than one year following 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 of The Improvements, including any authorized modifications. G:\DEVELOP\Dublin Ranch~Areas A-E~A-1 Tract 7136\trac17136 landscape tractdevagr.doc 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement as adjusted for inflation is agreed to be $1,094,300. Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. 3. Bonds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: A. Faithful Performance. Either a cash deposit, a corporate surety bond iSsued by a company duly and legally licensed to'conduct a general surety business in the State of California, or an instrument of Credit equivalent to one hundred per cent (100%) of the estimate set forth in Paragraph 2 and sufficient.to assure CITY that The Improvements will be satisfactorily completed. B. Labor and Materials. Either a cash.deposit, a corporate surety bond issued by a company duly and legally licensed to.conduct a general surety business in the State of California, or an instrument of credit equivalent to one-hundred per cent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor. C. If required by cITY, a cash deposit, corporate surety bond, or instrument of credit sufficient to assure CITY that the surface water drainage of the subdivision shall not interfere.' with the use of neighboring property, including public streets and highways. CITY shall be the sole 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. 4. Insurance l~,equired. Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, or his designee, as to form, amount .and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed 'with the Administrative Services Director, all insurance required under this paragraph; and such insurance shall have been approved, by the Administrative Services Director of CITY, as to form, amount and carrier. DEVELOPER shall not allow any cOntractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER arid DEVELOPER'S general contractor shall have been so' obtained and approved. Said insurance shall be maintained in full force and effect until the completion'of 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. G:\DEVELOP~Dublin Ranch'C, reas A-EV~-I Tract 7136\tract 7136 landscape trac~devagr,doc 2 A. Minimum Scope of Insurance. Coverage shall be at least as'broad as: 1) 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.) 2) I'nsurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' COmpensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of"lnsurance. DEVELOPER shall maintain limits no less than: 1) General Liability! $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. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits'of. $1,000,000 per accident. C. Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and appro.ved by the CITY. At the option of the CITY, either the inSurer shall reduce or eliminate such deductibles or self-insured retentions as. respects the CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additiof~al insureds as respects: liability arising out of activities performed by o.r on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the ~',DUBLINFS2~PW~EVELOP~Dublin Ranch~Areas A-DA.1 Tract 7136\tract 7136 landscape tractdevagr, doc 3 DEVELOPER. The coverage shall contain no special, limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be pdmary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or 'self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.' 2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for loSses arising from work performed by the DEVELOPER for the CITY. 3) All Cove.raqes. Each insurance policy required by this clause shall be endOrsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has' been given to' the CITY. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:ViI. b) Verification of Coveraqe. DEVELOPER 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. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for \~,DUBLINFS2\PW~DEVELOP~Dubtin Ranch~Areas A-E~A-1 Tract 7136\tract 7136 landscape-tractdevagr, doc 4 each subcontractor. All .coverages for. subcontractors shall be subject to all of the requirements stated herein. 5.. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuSe .or neglect, DEVELOPER .guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one- year guarantee pedod without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing,~ CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by' the foregoing guarantee'results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required 'as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 6. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its Public Works Director/City Engineer and his designated representative for the safe and convenient inspection of the work throughou( .its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. \\DUBLINFS2\PW~DEVELOP\Dublin Ranch~Araas A-EV~-I Tract 7136\tract 7136 landscape tractdevagr, doc 5 7. Agreement Assiqnment. This Agreement shall not be assigned by DEVELOPER without the wdtten consent of 8. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to 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 DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or.if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its Public Works Director may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER. In the event of any such notice of breach of this Agreement, DEVELOPER's surety Shall have the duty to take over and complete -The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method. CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER'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 DEVELOPER as may be on the site of the work and necessary therefor. All notices herein required shall be in wdting, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices-required to be given to DEVELOPER .shall be addressed as follows: \\DUBLINFS2\PW~DEVELOP~ubi~ RanchV~reas A-EV~-I Tract 7136\tract 7136 landscape tmctdevagr, doc 6 Toll Brothers, inc 100 Park Place, Suite 140 San Ramon, CA 94583 Notices required to be given surety of DEVELOPER shall be addressed as follows: Toll Brothers, Inc. 100 Park Place, Suite 140 San Ramon, CA 94583 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, DEVELOPER has executed and has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY. may record said abstract in the Official Records of Alameda County. 9. Use of Streets or Improvements. At all times pr!or to the final acceptance of the work by CITY, the u~e 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 occdpancy 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. 10. 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 ordedy. 11. 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 DEVELOPER, 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 recommend acceptance of the work to the City Council and, upon SUch acceptance, shall notify DEVELOPER or his designated agents of such acceptance. \\DUBLINFS2\PVC. DEVELOP'Sublin Ranch~Araas A-E~,-I Tract 7136~,tmct 7136 landscape l~actdevagr, doc IO 12. Patent and Copyri.qht 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. 13. Alterations in Plans and SpecificationS. Any'alteration or alterations made in1 the plans and specifications which are a part of this Agreement or any p.rovision 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. 14. Liability. A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and .that all work wi. Il be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive :.boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent' contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it' may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/Or specifications for the subdivision,-or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. %DUBLINFS2\PV'ADEVELOP~Dublin Ranch~.reas A-E~A-1 Tract 7136~tract 7136 landscape ffactdevagr, doc 8 Desiqn 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. 3) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of- this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and 5~S~s in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 15. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 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 By: Mayor ATTEST: Clerk DEVELOPER Toll Brothers, Inc. By.'.~ Type or Print' Name By:, Type or Print Name I~DUBLINFS2\PW1DEVELOP/Dublin RanchlAreas A-BA-1 Tract 7136ttract 7136 landscape tmct~evagr,doc 9 Title: ~DUBLINFS2\PW~DEVEL~)P~Dublin RanchWeas A-E~A-1 Tract 7136~tract 7136 landscape tractdevagr, doc 1 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~'~ !~L V~4. ~.~.~ c~ On ~ '~ t'~ ¢ ('~'~-~--- , before me, Date personally appeared SS. ~ame and Title of Officer (e.g.," oe, Notary Public") i'~ame(s) of Signer(s) /~personally known to me [] proved, to me on the basis of shtisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above .,/"/~.--~" S~'ature of Notary Public OPTION~AL Though the information be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: '~~- ['~-0'~ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Clain[ed by ¢.~gner Signer's Name: [] Individua ~ Corporate.Officer -- Title(s): [Z] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Too of thumb here © 1997 National Notary Association · 9350 De Sero Ave., RO. Box 2402 · Chatsworth. CA 91313-2402 Prod, No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered Vinto this day .of ,2002, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Toll Brothers, Inc. hereinafter referred to as "DEVELOPER". RECITALS WHEREAS, it has been determined, by the CITY Council of the CITY of Dublin, State of Califomia, that DEVELOPER, the subdivider of Tract Map 7136 desires to-improve and dedicate those public street improvements (hereafter "The Improvements"). required by City of Dublin Planning Commission Resolution No. 00-37 adopted on July 25th, 2000 in accordance .with the requirements and conditions set forth-in said resolution, the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY,. and those certain plans and specifications for said development approved by CITY on May 4, 2001 for Street Improvement Plans of Dublin Ranch Area A-l, Tract 7136 submitted by Mackay & Somps, and now on file in the office of the Public Works DirectodCity 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 Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. DEVELOPER will commence construction of The Improvements within ninety (90) days following the date on which CITY executes this Agreement. DEVELOPER shall complete said work not later than one year following 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 'of The Improvements, including any authorized modifications. G:~DEYELOP~Dublin Ranch~,reas A~E~A-1 Tract 7136~tract 7136 tractdevagr, doc 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement as adjusted for inflation is agreed to be $2,887,560. Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured° 3. Bonds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall, furnish CITY with the following security in a form satisfactory to the CITY Attorney: A. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred per Cent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. B. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one-hundred per cent (50%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, sUbcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor. C. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit sufficient to assure CITY that the surface water drainage of the subdivision shall not interfere with the use of neighboring property, including public streets and highways. CITY shall be the sole 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. 4. Insurance Required. Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, or his designee, as to form, amount and carrier. 'Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, as to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of 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. G:\DEVELOP\Dublin Ranch~Areas A-E~A-1 Tract 7136\tract 7136 tractdevagr.doc · 2 A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) 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 .) 2) Insurance Services Office form number CA 0001 (Ed. 1/78)'covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance° DEVELOPER shall maintain limits no less' than: 1) General Liability: $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. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coveraqes. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired .or borrowed by the G:\DEVELOP\Dublin RanchWeas A-E~A-1 Tract 7136\tract 7136 tractdevagr.doc 3 DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3) All Coverages. Each insurance policy required by this clause shall be endorsed 4o state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coveraqe. DEVELOPER 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. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for G:\DEVELOP~Dublin Ranch~reas A-E~A-1 Tract 7136\tract 7136 tractdevagr, d0c 4 each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement,' and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees 'all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be .free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one- year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year to insure that such defects haVe. actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the. sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs 'the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the. maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 6. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its Public Works Director/City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. G:\DEVELOP\Dublin Ranch~Areas A-E'¢,-1 Tract 7136\tract 7136 tractdevagr, doc 5 7. Agreement Assiqnment. This Agreement shall not be assigned by DEVELOPER without the written consent of 8. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to 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 DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver Should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its Public Works Director may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the 'contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER'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 DEVELOPER as may be on the site of the work and necessary therefor. 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: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: G:\DEVELOP\Dublin RanchWeas A-E~A-1 Tract 7136\tract 7136 tractdevagr, doc 6 - Toll Brothers, Inc 100 Park Place, Suite :140 San Ramon, CA 94583 Notices required to be given surety of DEVELOPER shall be addressed as follows: Toll Brothers, Inc. 100 Park PlaCe, Suite 140 San Ramon, CA 94583 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, DEVELOPER has executed and has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may record said abstract in the Official Records of Alameda County. 9. 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. 10. 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. 11. 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 DEVELOPER, 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 recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance. G:\DEVELOP~Dublin Ranch~Areas A-E~A-1 Tract 7136\tract 7136 tractdevagr, doc 7 12. 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. 13. 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. 14. Liability. A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and. that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claim's for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. G:\DEVELOP\Dublin RanchWeas A-E~A-1 Tract 7136\tract 7136 tractdevagr, doc 8 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. 3) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party Shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 15. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 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 By:. Mayor ATTEST: CITY Clerk DEVELOPER Toll Brothers, Inc. Type or Print Name Title: By: Type or Print Name G:\DEVELOP\Dublin Ranch~Areas A-BA-1 .Tract 7136~tract 7136 tractdevagr, doc 9 Title: G:\DEVELOP\Dublin Ranch~Areas A-E~A-1 Tract 7136\tract 7136 tractdevagr, doc lO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ County of .~!~. vvt ~.c,~ c~ ~ ss. on ' 0'2.. Da~:e personally appeared . before me, "~~ ~ (~/~. ~ ¢~i1~ , Na~e and Title of Officer Ie.g., "Jane Doe. Notary Public") Name(a) of Signer(a) ~)~"personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTiO~ Place Notary Seal Above Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document..~,t,,,.. ,,....~.. ~'~,,,. ,~, J ,~l'~-- Title or Type of Document: .,.,.~__ ,.., ~. Document Date: ~'_'~- ~"~'(~:)'Z-- Number of Pages: J Signer(s) Other Than Named Above: Capacity(ies) Claimed b~ Signe~.~ Signer's Name: --.~'~ T~-1~.'~--~' [] Individual .a [] Corporate Officer -- Title(s): ~' ~ Y [] Partner ~[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1997 National Notary Association · 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827