HomeMy WebLinkAboutReso 64-06 Neighborhood Square in Sorrento
RESOLUTION NO. 64 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * .
APPROVING AGREEMENT REGARDING A PROPOSED NEIGHBORHOOD SQUARE
IN SORRENTO AT DUBLIN RANCH
WHEREAS, the Developer, Sorrento at Dublin Ranch I, LP, a California Limited Partnership
owned by wholly-owned subsidiaries of Toll Brothers, Inc., has dedicated to the City of Dublin a 2.00-acre
park site for a Neighborhood Square within Tract 7641, and
WHEREAS, Conditions of Approval for Tract 7641 require the Neighborhood Square to be rough
graded by the Developer prior to City acceptance; and
WHEREAS, Sorrento at Dublin Ranch I wishes to use the dedication to the park site to satisfY the
Neighborhood Parkland component of the Public Facility Fee requirement for mapping the residential units
within Sorrento at Dublin Ranch, and
WHEREAS, Sorrento at Dublin Ranch 1 has executed and filed with the City of Dublin an
Agreement Regarding Proposed Neighborhood Square in Sorrento at Dublin Ranch to rough grade the
Neighborhood Square; and
WHEREAS, said Agreement is secured by a bond furnished by Safeco Insurance Company of
America III the amount of $80,000 for the rough grading (Bond No. 6402652), conditioned upon faithful
performance of said Agreement; and
WHEREAS, said Agreement is secured by a bond furnished by Safeco Insurance Company of
America in the amount of $80,000 for the rough grading (Bond No. 6402652), conditioned upon payment
for labor performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Agreement Regarding Proposed
Neighborhood Square in Sorrento at Dublin Ranch, attached hereto as Exhibit "A". is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Agreement Regarding Proposed Neighborhood Square in Sorrento at Dublin Ranch.
PASSED, APPROVED AND ADOPTED this 16th day of May, 2006, by the following vote
AYES Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES' None
ABSENT None
ABSTAIN None
ATT1 ~
(h\~^
City Clerk
Rese No. M-O/;, Adopted 5/16/06, Hem 4.5
Page 1 ofl
AGREEMENT REGARDING PROPOSED NEIGHBORHOOD SQUARE
IN SORRENTO AT DUBLIN RANCH
THIS AGREEMENT REGARDING PROPOSED NEIGHBORHOOD
SQUARE IN SORRENTO AT DUBLIN RANCH is made and entered in the City
of Dublin on this 16th day of May, 2006, by and between the City of Dublin, a
municipal corporation (hereafter "City") and Sorrento at Dublin Ranch I L.P., a
California limited partnership, (hereinafter "Developer") City and Developer are,
from time-to-time, individually referred to in this Agreement as a "Party," and are
collectively referred to as "Parties."
RECITALS
A. Developer is the fee owner of certain real property in the City of
Dublin ("the Property"), more particularly described as Parcel 8 on the Final Map
for Tract 7641, and certain other surrounding property, collectively known as
"Sorrento at Dublin Ranch", that Developer is developing with various residential
uses.
B The Parties are in agreement regarding the site for a 2-acre park
("the Parksite"), which is Parcel 8 as shown on the Final Map for Tract 7641 The
Parksite is shown on the site map attached hereto as Exhibit A, and the City is
presently designing the neighborhood square ("Neighborhood Square")
improvements to be constructed on the Parksite.
C Developer is presently grading or preparing to grade other portions
of Sorrento at Dublin Ranch for development and desires to dispose of excess
earth generated from those grading operations on the Parksite.
D The grades of the Parksite are such that the lands need additional
fill, and the City is willing to take possession of the Parksite after the completion
of such rough grading, provided that the additional fill would not interfere with the
City's Neighborhood Square designs.
E. In conjunction with the development surrounding the Parksite,
Developer expects to construct or cause to be constructed certain public
roadways and a private recreational facility bordering the Parksite.
F. Section 8-7.1 of the Subdivision Ordinance 1-91, as adopted by the
City, and City of Dublin Municipal Code 9.28 020, as amended by City Council
Resolution 60-99, requires each subdivider of land for residential uses to
dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for
park and/or recreational purposes.
G Developer intends to use the dedication of the Parksite for the
Neighborhood Square to fulfill their neighborhood parkland dedication
requirements for their Sorrento at Dublin Ranch final maps.
AGREEMENT FOR NEIGHBORHOOD SQUARE IN SORRENTO AT DUBliN RANCH
wc-117749
Page 1
H. Through this Agreement, the Parties desire to set forth their
respective agreements with respect to the Parksite and Neighborhood Square.
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows:
AGREEMENT
Section 1
Parkland Dedications.
Developer has delivered to the City a deed that dedicates the Parksite for
the purpose of a Neighborhood Square. The City will accept this offer of
dedication within thirty (30) days after the rough grading of the Parksite has been
completed in accordance with this Agreement.
Section 2. Neighborhood Parkland Requirements
The City agrees that the Parksite dedicated by the Developer can be used
by the Developer prior to the City acceptance of the Parksite to fulfill their
neighborhood parkland dedications requirements per City Municipal Code
9.28.020
Section 3. Grading and Preparation of the Parksite
a. Rough Grading of Parksite Developer agrees to rough grade the
Parksite as set forth in the Rough Grading Plan, attached hereto as Exhibit B (the
"Rough Grading Plan"). Prior to August 1, 2006, the City may revise the Rough
Grading Plan to have additional fill placed on the Parksite and the Developer
agrees to rough grade the Parksite accordingly
b Erosion Control Measures. Developer shall install and maintain
erosion control measures ("Erosion Control Measures") on the Parksite as
required by the Erosion Control Plan, which are included in the Rough Grading
Plan and attached hereto as Exhibit C -Developer's obligation to maintain the
Erosion Control Measures shall cease upon the City's acceptance of the
Parksite. The City, at its sole discretion, may waive the requirement for the
Developer to install the Erosion Control Measures.
c. Completion of Grading. Developer shall provide the City with a
notice indicating that grading of the Parksite is complete ("the Notice of
Completion of Grading") Along with the Notice of Completion of Grading,
Developer shall deliver evidence that the Parksite (including the imported fill) is
free of hazardous substances. Within 30 days of receipt of the Notice of
Completion of Grading, the City shall reasonably determine whether the grades
of the Parksite conform to the requirements of the Rough Grading Plan and shall
provide notice to Developer of any insufficiencies for Developer to make
reasonable corrections. Upon completion of the corrections, the City shall direct
AGREEMENT FOR NEIGHBORHOOO SQUARE IN SORRENTO AT DUBLIN RANCH
wc.117749
Page 2
Developer to install the Erosion Control Measures. Upon installation of the
Erosion Control Measures, Developer shall notify the City, and the City shall
determine whether the Erosion Control Measures have been installed in
accordance with Exhibit C and, if insufficient, shall provide notice to Developer of
the insufficiencies for Developer to make reasonable corrections. When the City
is satisfied with regard to these items then the rough grading shall be deemed
complete ("the Completion of Grading") Should Developer dispute the statement
of deficiencies and the parties are unable to resolve the dispute as among
themselves then the City and Developer agree to submit the dispute to
arbitration.
Section 4
Schedule
The Developer agrees to complete the rough grading for the Parksite and
provide the City with the Notice of Completion of Grading no later than April 1 ,
2007
Section 5. Neighborhood Square Frontage Improvements.
Developer will complete the Palmero Way and Capoterra Way roadway
improvements, excepting the sidewalk and landscaping, fronting the
Neighborhood Square in accordance with the Tract Improvement Agreement for
Tract 7641 between City and Developer dated April 4, 2006.
Section 6
Bonds Furnished.
The estimated cost of the rough grading and Erosion Control Measures for
the Parksite required by this Agreement is presented in the Bond Estimate for
Rough Grading and Erosion Control for the Neighborhood Square in Sorrento at
Dublin Ranch, dated January 27,2006 prepared by MacKay & Somps and is
agreed to be $80,000 Concurrently with the execution of this Agreement,
Developer shall furnish City with the following securities 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 generai surety
business in the State of California, or an instrument of credit equivalent to one
hundred per cent (100%) of the estimate set forth above and reasonably
sufficient to assure City that rough grading and Erosion Control Measures will be
reasonably satisfactorily completed, and
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 above and reasonably
sufficient to assure City that Developer's contractors, subcontractors, and other
persons furnishing labor, materials, or equipment shall be paid therefore
AGREEMENT FOR NEIGHI'lORHOOO SQUARE IN SORRENTO AT DUBLIN RANCH
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Section 7 Termination. This Agreement shall terminate upon the
Parties' reasonable satisfaction of all of the covenants herein.
Section 8
Miscellaneous.
a. Incorporation of Recitals and Introductory Paragraph. The Recitals
contained in this Agreement, and the introductory paragraph preceding the
Recitals, are hereby incorporated into this Agreement as if fully set forth herein.
b Severability If any term or provision of this Agreement, or the
application of any term or provision of this Agreement to a particular situation, is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining terms and provisions of this Agreement, or the application of this
Agreement to other situations, shall continue in full force and effect unless
amended or modified in writing by mutual consent of the Parties.
Notwithstanding the foregoing, if any material provision of this Agreement, or the
application of such provision to a particular situation, is held to be invalid, void, or
unenforceable, either City or Developer may (in their sole and absolute
discretion) terminate this Agreement by providing written notice of such
termination to the other Party.
c. Assignability. Except as otherwise provided herein, Developer's
rights, interests and obligations hereunder may not be assigned during the term
of this Agreement unless Developer receives the prior approval from the City,
such approval not to be unreasonably withheld, conditioned or delayed.
d. Construction. This Agreement has been reviewed and revised by
legal counsel for both City and Developer, and no presumption or rule that
ambiguities shall be construed against the drafting party shall apply to the
interpretation or enforcement of this Agreement.
e. California Law This Agreement shall be construed and enforced in
accordance with the laws of the State of California.
f Attorneys' Fees. In any legal action or other proceeding brought by
either party to enforce or interpret a provision of this Agreement, the prevailing
party is entitled to reasonable attorneys' fees and any other costs incurred in that
proceeding in addition to any other relief to which it is entitled. "Prevailing party"
shall include without limitation: (a) a party who dismisses an action in exchange
for sums allegedly due (unless an agreement setting forth such exchange
provides otherwise regarding attorney fees); (b) the party that receives
performance from the other party of an alleged breach of covenant or a desired
remedy where this is substantially equal to the relief sought in an action (unless
an agreement setting forth such exchange provides otherwise regarding attorney
fees); or (c) the party determined to be the prevailing party by a court of law
g. Hold Harmless. Developer shall hold City and its elected and
appointed officers, agents, employees, and representatives harmless from
AGREEMENT FOR NEIGHBORHOOD SQUARE IN SORRENTO AT DUBLIN RANCH
wc-117749
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claims, costs, and liabilities for any personal injury, death, or property damage
which is a result of operations performed under this Agreement by Developer or
by Developer's contractors, subcontractors, agents or employees, whether such
operations were performed by Developer or any of Developer's contractors,
subcontractors, agents or employees. Nothing in this Section shall be construed
to mean that Developer shall hold City harmless from any claims of personal
injury, death or property damage arising from, or alleged to arise from, any act or
failure to act, on the part of City, its elected and appointed representatives,
offices, agents and employees.
h. Notices. All notices required or provided for under this Agreement
shall be in writing. Such notices shall be given to the Parties at their addresses
set forth below'
If to City, to.
Richard C Ambrose
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94569
If to Developer, to:
Toll Brothers, Inc.
100 Park Place #140
San Ramon, CA 94583
Attt-\."" ~,,-ff $ctll"-"(<(l..
A party may change its address by giving notice in writing to the other party and
thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of forty-eight (48) hours after being deposited in the United
States Mail. Notices may also be given by overnight courier which shall be
deemed given the following day or by facsimile transmission which shall be
deemed given upon verification of receipt.
i. Counterparts. This Agreement may be executed in multiple
counterparts and counterpart signature pages may be assembled to form a
single original document.
j. Entire Agreement; Exhibits. This Agreement consists of 7 pages
and 3 exhibits which constitute in full, the final and exclusive understanding and
agreement of the Parties and supersedes all negotiations or previous
agreements of the Parties with respect to all or any part of the subject matter of
this Agreement. The following exhibits are referred to in this Agreement and are
attached hereto and incorporated as though set forth in full:
Exhibit A
Map of Parksite and Surroundings
Exhibit B
Rough Grading Plan
AGREEMENT FOR NEIGHBORHOOD SQUARE IN SORRENTO AT DUBLIN RANCH
wc-117749
Page 5
Exhibit C
Erosion Control Plan
k. Amendment and Modification; Extension. This Agreement cannot
be amended or modified except by a written agreement, executed by each of the
Parties hereto. An extension of any deadline provided in this Agreement may be
granted by the written approval of the City Engineer, without amendment or
modification of the Agreement.
I. Waivers. All waivers of the provisions of this Agreement shall be in
writing and signed by the appropriate authorities of City and the Developer
m. Legal Authority Each individual executing this Agreement on
behalf of Developer hereby represents and warrants that he or she has full power
and authority under the entity's governing documents to execute and deliver this
Agreement in the name of and on behalf of the company and to cause the entity
to perform its obligations under this Agreement.
n. Force Majeure The obligation of a party shall be excused during
any period of delay caused at any time by reason of acts of God or civil
commotion, riots, strikes, picketing, or other labor disputes, shortages of
materials or supplies, or damage to work in progress by reason of fire, floods,
earthquake, or other casualties, restrictions imposed or mandated by
governmental or quasi-governmental entities (including, without limitation, new or
supplementary environmental regulations or moratoriums), litigation, act or
negligence of the other party, or any other cause beyond the reasonable control
of the affected party (excluding financial inability or weather delays common for
the particular time of year) ("Permitted Delay") The delayed party shall give
written notice to the other party of any delay hereunder as soon as reasonably
possible after the same has been ascertained.
o. Construction Headings at the beginning of each Section and
subsection are solely for the convenience of the parties and are not a part of this
Agreement. Whenever required by the context of this Agreement, the singular
shall include the plural and the masculine shall include the feminine and vice
versa.
AGREEMENT FOR NEIGHBORHOOD SQUARE IN SORRENTO AT DUBLIN RANCH
wc-117749
Page 6
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first set forth above.
CITY OF DUBLIN
DEVELOPER.
Sorrento at Dublin Ranch I L.P.,
a California limited partnership
Janet Lockhart, Mayor
ATTEST
Fawn Holman, City Clerk
Approved as to Form:
Elizabeth H. Silver, City Attorney
AGR~EMENT FOR NEIGHBORHOOD SQUAR~ IN SORRENTO AT DUBLIN RANCH
wc.117749
Page 7
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BY NEIGHBORHOOD
PJan Name 1Ar<a (net ~[) BedlBath No.
Neighborhood ]
Jflaj 2,60<5 3+De0/3
. 2 uphill 2.8&7 30
,uphill 2,9S7 3+Den/Z.5 J&
4 downhill 2,689 4+DenI2.5 9
5 downhill 2,088 413.5 )2
3125 6
Neigh_od 2 75
AlPlan 1 Alt 2,150 3i2
B 1,320 23
C 2,1l0 2fl IJ
D 2,25iJ 3135 27
E 2,250 313.5 39
313.5 15
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N_rhooo 3
A 2,J64
B 1,762 312 12
F 2,053 312.5 12
G 1~956 3/2.5 9
H 2,500 312.5 I2
J I l,g27 4+De0/4 ]2
K 2,3M 313.5 4
313.5 &
NoUiliborllood4 69
A 2,170
B 2,631 J+Loftl2.5 10
C I 2,225 4tJ.5 8
D 2,42J 312.5 ~
F 2,972 4+Loftl3.S 16
(J 2,400 4+Loft!3.5 16
i 3+Loftl2.5 8
Nei ohborhooo 5 I 66
A ],453
Al 1,359 212.5 32
B 1.6(15 212.5 32
, 212.5
C 1,6115 16
UNIT SUMMARY
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AREA F WEST TOTAL UNITS
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EXHIBIT A
MAP OF PARKSITE
AND
SURROUNDINGS
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