HomeMy WebLinkAbout4.06 SilveraRanchTr7441
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CITY CLERK
File # D~[Q]5]-[bJ~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 1, 2005
SUBJECT:
Approval of Final Map and Improvement Agreement, Acceptance of
Open Space/Conservation Easement, and Acceptance of Parkland
Dedication In-Lieu Fees Associated with Tract 7441, Phase I ~
Silvera Ranch (pfeiffer Ranch Investors II, Inc.)
Report Prepared by: Mark Lander, City Engineer
ATTACHMENTS:
1)
2)
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4)
Resolution approving the Final Map for Tract 7441, together
with Exhibit "A", Improvement Agreement
Resolution Accepting Open Space/Conservation Easement,
together with Exhibit "A", Declaration of Deed Restrictions
Resolution Accepting Parkland Dedication In-Lieu Fee
Reduced copy of Final Map
RECOMMENDATION:
Adopt the Resolutions approving the Final Map and Improvement
Agreement, accepting an Open Space/Conservation Easement, and
accepting Parkland Dedication In-Lieu Fees associated with Tract
7441, Phase I - Silvera Ranch
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FINANCIAL STATEMENT:
Pfeiffer Ranch Investors has provided Perfonnance Bonds and a
Labor and Materials Bonds, each in the total amount of
$3,804,056.00, to guarantee construction of improvements, and will
pay the cost of associated construction inspection. Once these
improvements have been constructed and accepted, the City will
incur maintenance costs for the street improvements.
Pfeiffer Ranch Investors has provided Parkland Dedication In-
Lieu Fees of $142,317 for Neighborhood Parks and $233,604 for
Community Parks.
DESCRIPTION: Pfeiffer Ranch Investors II, Inc. (dba Pinn Brothers Fine Homes,
Inc.), is seeking City Council approval of a Final Map associated with Tract 7441, Phase I - Silvera
Ranch. Tract 7441 is a four-phase residential development approved by the Planning Conunission in
September, 2003. The project site is located on the east side of Tassajara Road inunediately north of the
Nielsen property, and will consist of 79 single-family homes (The Estates), 73 single-family cluster
homes (The Manors), and 102 multi-family units or cOndominiums (The Villas).
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COPIES TQ.;Dale Garren, Pinn Brothers ~
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G:\DEVEWPlPINN BROS. (Silveria)\AGST7441_ imp agm4 Phase J.do.
An Improvement Agreement, guaranteed by Performance Bonds and Labor and Materials Bonds, has
been executed by Pfeiffer Ranch Investors II, Inc., to assure that all required improvements are installed
to the City's satisfaction. . A separate Improvement Agreement was previously approved via City Council
Resolution No. 72-04 on May 4, 2004,' covering only off-site storm drain, sanitary sewer and water
infrastructure on Tassajara Road extending ftom the northern boundary of Dublin Ranch Phase I to the .
intersection ofTassajara Road/Silvera Ranch Drive.
The Final Map and Improvement Plans have been reviewed by Staff and found to be in confonnance with
the Vesting Tentative Map and Conditions of Approval as approved by the Planning Conunission via
Resolution No. 03-48. Aspects of the plans and map were also reviewed by the Dublin San Rarnon
Services District and Alameda County Fire Department for conformance with each agency's
requirements. Pfeiffer Ranch Investors has submitted the required inspection deposit and insurance
certificates. Parkland dedication in-lieu fees of $142,317 (Neighborhood Parks) and $233,604
(Conununity Parks) have also been submitted.
Staff recommends that the City Council adopt the Resolutions approving the Final Map .and Improvement
Agreement, aecepting an Open Space/Conservation Easemènt, and accepting Parkland Dedication In-Lieu
Fees associated with Tract 7441, Phase I - Silvera Ranch.
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RESOLUTION NO. - 05
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE F1NAL MAP AND IMPROVEMENT AGREEMENT
ASSOCIATED WITH TRACT 7441, PHASE I - SILVERA RANCH
(PFEIFFER RANCH INVESTORS II, INC.)
WHEREAS, the Silvera, Haight, and Nielsen properties, together with the abutting segmcnt of
Tassajara Road (formerly County Road 2568), were annexed to the City of Dublin and to the Dublin San
Ramon Services District via Local Agency Formation Commission (LAFCO) Resolution No. 2003-01·A
on January 9,2003 (recorded on May 5, 2003, in Book 264 of Maps at Page 34); and
WHEREAS, the Final Map for Tract 7441, 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 City of Dublin Planning Commission adopted Resolution No. 03~48 ou
September 23, 2003, approving the Vesting Tentative Map and Site Development Review for Tract 7441,
subject to Conditions of Approval regarding rcquired on-site/off-site improvements (P A 02-024); and
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WHEREAS, an Improvement Agreement for off-site improvements to the annexed segment of
Tassajara Road extending ITom the northern boundary of Dublin Ranch Phase I to the Tassajara
Road/Silvera Ranch Drive intersection was previously approved via City Council Resolution No. 72-04
on May 4, 2004; and
WHEREAS, Pfeiffer Ranch Investors II, Inc., has executed and filed with the City of Dublin a
separate Improvement Agreement to install on-site improvements within the said Tract in accordance with
the Planning Conunission Resolution, and in conformance with the improvement plans and the
specifications attached thereto; and
WHEREAS, said Improvement Agreement is secured by bonds in the amounts of $1,788,006
(Bond No. 869574S) for Phase I Improvements, $1,705,617 (Bond No. 868815S) for Grading and
$310,433 (Bond No. 869575S) for Landscaping, for the total amount of$3,804,056, issued by Developers
Surety and Indemnity Company, conditioned upon faithful performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by bonds in the amounts of $1,788,006
(Bond No. 869574S) for Phase I Improvements, $1,705,617 (Bond No. 868815S) for Grading and
$310,433 (Bond No. 869575S) for Landscaping for the total amount of $3,804,056 issued by Developers
Surety and Indemnity Company, conditioned upon payment for labor performed or material furnished
under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Agreement and bonds are hereby approvcd.
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BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Improvement Agreement in duplicate, attached hereto as Exhibit "A".
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BE IT FURTHER RESOLVED that the Final Map of Tract 7441 is hereby approved; and that
rights to the areas marked as Tassajara Road, Fallon Road, Silvera RiUlch Drive and Branding Iron Court,
and that rights to easements marked as Storm Drain Easement (S.D.E.), Public Service Easement (P.S.E.),
Emergency Vehicle Access Easement (E.V.A.E.), Grading Easement, and Rclinquishment of Abutter's
Rights offered for dedication to the public in conforÌnity with the tenns of dedication are hereby acceptcd
subject to improvement; and that the Clerk of this City Council is hereby directed to transmit said map to
the County Recorder for filing.
BE IT FURTHER RESOLVED that the City Council did also reject on behalf of the pubHc
"Parcel H", reserving the right to accept the offer at a later date, in accordance with the Subdivision Map
Act Section 66477.2.
PASSED, APPROVED AND ADOPTED this 1st day of Mareh, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
O,IPEVEWPIPINN BROS. (Silvori.)\RES07441_;mp "gmt. Phase Ldoc
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CITY OF DUBLIN
IMPROVEMENT AGREEMENT
IMPROVEMENTS FOR TRACT 7441, PHASE 1- SILVERA RANCH
(PFEIFFER RANCH INVESTORS II, INC.)
This agreement is made and entered into this 1st day of March, 2005, by and between
the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Pfeiffer
Ranch Investors II, 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, as a subdivider, desires to improve and dedicate certain public
improvements (hereafter "The Improvements") shown on Tract 7441, in accordance with the
requirements and conditions set forth within the City of Dublin Planning Commission
Resolution No. 03-48 (PA 02.024), adopted on September 23, 2003, and City Council
Resolution No. 207-03 adopted on October 21,2003; 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 the Public Works Director on
February 23, 2005, as follows:
· "Gradina Plans. Tract 7441 - Silvera Ranch (Phase I),Citv of Dublin. Alameda County.
California" (25 Sheets: 1-25), prepared by Ruggeri-Jensen-Azar & Associates.
· "Improvement Plans, Tract 7441 ~ Silvera Ranch (Phase I),Citv of Dublin, Alameda
County, California" (20 Sheets: 1-20), prepared by Ruggeri-Jensen-Azar & Associates.
· 'Traffic Sianal Plans, Tract 7441 - Silvera Ranch (Phase I).Citv of Dublin, Alameda
County, California" (5 Sheets: 21-25) prepared by RKH Civil and Transportation
Engineering.
· "Joint Trench Imorovement Plans, Tract 7441. Silvera Ranch, Phase 1"(30 Sheets: 1-
30) prepared by UDI-Tetrad Consulting Engineers, Inc.
· "Landscaoe Improvement Plans for Tract 7441 - Silvera Ranch, Phase I.Citv of Dublin,
Califomia" (28 Sheets: LO.O - L4.7) prepared by Rose Associates Landscape Architects,
Inc.
Said plans are now on file in the office of the Public Works Director/Assistant City
Engineer, and 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, CITY has determined that The Improvements are a public works project
subject to California prevailing wage requirements;
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 right-of-way and The Improvements in consideration for DEVELOPER's satisfactory
performance of the terms and conditions of this Agreement;
IMPROVEMENT AGREEMENT
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NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
Section 1. Completion Time.
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DEVELOPER will commence construction of The Improvements within ninety (90) days
following the date on which CITY executes this Agreement. DEVELOPER shall complete such
Improvements no later than two years following execution of this agreement or not later than
March 1,2007. Upon completion, DEVELOPER shall fumish CITY with a complete and
reproducible set of final as-built plans of The Improvements, including any authorized
modifications.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is
agreed to be Three Million Eight Hundred Four Thousand Fifty Six and 00/1 DO Dollars
($3,804,056.00): {$1,705,617 for Grading, $1,788,006.00 for Phase 1 Improvements, and
$310,433.00 for Landscaping}. Said amounts include costs and reasonable expenses and
fees which may be incurred in enforcing the obligation secured.
Section 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 percent
(100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that
The Improvements will be satisfactorily completed.
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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, oran instrument of credit equivalent to one hundred percent
(100%) of the estimates 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.
CITY shall be the sole indemnitee named on any instrument required by this Agreement.
Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the
Subdivision Map Act.
Section 4. Insurance Reauired.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such .
insurance shall have been approved by the Administrative SelVices Director of CITY, or
designee, as to form, amount and carrier. Prior to the commencement of work under this
IMPROVEMENT AGREEMENT
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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 fonn,
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.
a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as:
b.
c.
(i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liabilitv and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General
Liability; or Insurance Services Office Commercial General Liability
coverage ("occurrence" form CG 0001.)
(Ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor Code of
the State of California and Employers Liability Insurance.
Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liabilitv: $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 projecUlocation or the general aggregate limit shall be twice
the required occurrence limit.
(ii) Automobile Liabilitv: $1,000,000 combined singie limit per accident
for bodily injury and property damage.
(iii) Workers' Compensation and Emplovers 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.
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.
IMPROVEMENT AGREEMENT
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c. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions: .
(i) General Liability and Automobile liabilitv Coveraoes.
(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 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, e
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.
(ii) Workers' Compensation and Employers Liabilitv Coveraoe. 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.
(iii) All Coveraaes.
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 Coveraoe. DEVELOPER shall furnish CITY .
with certificates of insurance and with original endorsements
effecting coverage required by this clause. The certificates
IMPROVEMENT AGREEMENT
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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 reselVes the right to require complete, certÎfied 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 each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements
stated herein.
Section 5. Work Performance and Guarantee.
Except as otherwise expressly 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 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 the corrected items 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 or such longer time period as agreed to in writing by the
City Engineer, 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, twenty-five percent (25%) of such costs and
expenses for overhead and interest at the maximum rate of interest permitted by law accruing
thirty (30) days from the date of billing for such work or repairs.
IMPROVEMENT AGREEMENT
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Section 6. InsDection of the Work.
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DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representatives for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by OWNER and replaced to the satisfaction of
CITY without any expense to CITY in strict accordance with the Improvements plans and
specifications.
Section 7. Aqreement Assiqnment.
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld.
Section 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 ás 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 City Engineer 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.
Section 9. Notices
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All notices herein required shall be in writing. and delivered in person or sent by
registered mail, postage prepaid.
IMPROVEMENT AGREEMENT
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Notices required to be given to CITY shall be addressed as follows:
Melissa Morton
Public Works Director
City of Dublin
1 00 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Pinn Brothers Construction, Inc.
Attention: (Contact Name),
1475 Saratoga Avenue, Suite 250
San Jose, CA 95129
(Title)
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Company Name:
Attention:
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Street Address:
City:
, State:
, Zip Code:
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.
Section 10. 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 project site 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.
· Section 11. Safety Devices.
IMPROVEMENT AGREEMENT
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DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the site of The .
improvements 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.
Section 12. Acceptance of Work and Rioht-of-Wav.
Upon notice of the completion of The Improvements and the delivery of a set of final as-
built mylar plans with electronic file to CITY by DEVELOPER, CITY. through its City Engineer or
designated representative, shall examine the work without delay, and, if found to be in
accordance with said plans and specifications and this Agreement, shall recommend
acceptance of the work to the City Council and, upon such acceptance, shall notify
DEVELOPER or designated agents of such acceptance subject to Section 5 above.
If not previously dedicated on the final map for Tract 7441, DEVELOPER shall
dedicate to CITY by separate instrument any right of way and easements deemed
necessary by the City Engineer for the acceptance and maintenance of The Improvements,
and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance
easement dedications.
Section 13. Patent and Copvriaht Costs.
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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.
Section 14. 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 rnade a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby waive
the provisions of Section 2819 of the Civil Code of the State of California.
Section 15. Liabilitv.
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements 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
IMPROVEMENT AGREEMENT
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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:
(i) 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 3 hereof.
(ii) 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.
b.
Desiqn Defect. If, in the opinion of the CITY, a design defect in the work of
Improvements becomes apparent during the course of construction, or
within one (1) year following acceptance by the CITY of the Improvements,
and said design defect, in the opinion of the CITY, may substantially impair
the public health and safety, OWNER shall, upon order by the CITY,
correct said design defect at OWNER's sole cost and expense, and the
sureties under the Faithful Peliormance and Labor and Materials Bonds
shall be liable to the CITY for the corrective work required.
·
c. Litiqation 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 Section 3.
Section 16. Indemnification and Waiver.
DEVELOPER shall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive relief) concerning DEVELOPER's construction of
The Improvements on DEVELOPER's property and shall indemnify and hold CITY harmless
from any damages, charges, fees or penalties that may be awarded or imposed against CITY
and/or DEVELOPER in connection with, or on account of, DEVELOPER's construction of The
Improvements and/or CITY's failure to enforce or comply with any applicable laws.
·
IMPROVEMENT AGREEMENT
G:\DEVELOPIPINN BROS. (Sllveri.)\lmprovamant AgreemenL PhasoWOC
Pago 9 of 10
October 11, 2004
/2 ~2. 't
Section 17. 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:
DEVELOPER:
Pfeiffer Ranch Investors II, Inc.
By:
Janet Lockhart, Mayor
B,{24lZ2
AIC(yl e./?H "')1 gi'Iè4~i-
Typed or Printed Name
Date:
ATTEST:
By:
Kay Keck, City Clerk
Title
10/;tf/o'l
Date:
Date
IMPROVEMENT AGREEMENT
G:\DEVELOPIPINN SROS. (Siiv."")lImprovom.nt A9'..menc Ph... LDOC
POliO 10 Of 10
October 11. .004
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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PRELIMINARY ESTlMA TE OF PROBABLE COST
GRAQING BONQ f;STIMA TE
TRACT 7441- SIL VERlA RANCH
QUBUN, CALIFORNIA
April 6, 2004
JOB # 021031
Page 1 of 1
·
ITEM
DESCRIPTIoN
UNITS QUANTITY UNITPRIC¡; AMOUNT
A. Ma.s Grading (Entire Site)
1. Claar & grub & demolition
2. Rough grading
3. Erosion Control
SUBTOTAL CONSTRUCTION COST ESTIMATE
LS 1 $10,000.00 $10,000
CY 675.000 $1.75 $1.181.250
LS 1 $75,000.00 $75.000
Subtotal $1.255,250
LF 18.000 $3.00 $1>4.000
SF 9,596 $24.00 $230.311
Subtotal $284.311
$1,550.561
$155,056
$1,705,617
B. Miscellaneous
1. Subdraln (for rem...dlal grading)
2. Retelnlng wall
10% Contingency
TOTAL BOND AMOUNT
Notes:
·
,. All cost figur.s are given as ..stimate, only. ·Actual cosl will be dependent on the coat figures at bidding time: th
general market :situation, contractor's workload, seasonal factor, labOr and material cost, eto. This enginaaring
firm cannot be responsible for fluctuations in cost factors,
2. ThIS cost estimate is based Dn Grading Plans, Tract 7441 - Silveria Ranch, prepared by Ruggeri-Jens!:m"Azar &
Assoclat.s. dated April 6, 2004.
3. ThIs estimate dDes not include E"gineering fees and Public Agencies' fees.
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Preliminary E5IÎm",,, of Probllblø Construction Costs
TRACT 7441 - SILVERIA RANCH
Phase 1 - Improvement Plans
CITY OF DUBLIN· BOND ~STlMA TE
October 5, 2004
JOB #021031
Pege 1 of 3
SUMMARY
A Grading/S~e Work
6 Paving
C Concrate
D Storm System
E Miscellaneous
SUBTOTAL CONSTRUCTION COST ESTIMATE;:
$38,753
$646,224
$258.972
$396,382
$214,456
$1,554.788
15% Contingency
TOTAL BONO E;:STIMATE
$233,218
$1,788,006
Notes:
1. All cost ~gures are given as estimates only. Actual coot will be depondent on the cost figures at bidding time: the
general market situation, oontractor's workload, seasonal factor, labor and material cost. etc. This engÎneering firm
cannot be responsible for fluctuations In cost factors.
This cost estimate is based on 'Tract 7441 - Silveria Rench (Phese 1)' Improvement Plans prepared by Ruggeri.
Jensen.l\ze, & Associates, dated September 8, 2004. .
This estimate does not include Engineering fees and Public Agencies' fees.
ThiS estimato do.s not inolude jOint trench.
This estimate does not inolude costs for water or sewer improvements which fan under Dublin San Ramon Servic:es
District Jurisdiction
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Preliminary Estlmahl of Probable Construction Costs October 6, ~004
TRACT 7441· SILVERIA RANCH JOB # 021031
PhaBe 1 " Impro,,",mønt Plans Page 2 013
CITY OF DUBLIN" SOND ESTIMA TE e
ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE AMOUNT
A. Gradlng/Slte Work
1. Fine Grading (PL to PL) SF 193,765 $0.20 $38,753
Bublotal $38.753
B. Paving
1. AC Pavament (5" AC Ovar 9" AS over 14" ASS) SF 59.414 $3.75 $222.803
2. AC Pavenient (4" AC over 12" AS) SF 75,531 $2.90 $219.040
3. AC Pavement (4" AC over 10" AB) SF 25,928 $2.75 $71.302
4. AC EVAlTrail (2" AC over 8" AS) SF 46,500 $2.00 $93,000
5. ABEVA (6" AS shoulders) SF 19.900 $1.20 $23,880
6. 6' wide AC Pedeslnan Palh (2" AC over 8" AS) (froni project SF 8,100 $2.00 $16.200
entrance to Kobold)
Subtotal $646.224
C. Concreta
1. Sidewalk SF 30,345 $3.16 $95,587
2. 6" Vertical curb and gulter (including 4" AB cushion) LF 6,039 $9,00 $54,351
3. Private Prives (6 Cooe I 6 AB) SF 14.457 $4.50 $65,057
4_ Private Driveway Aprons SF 2.182 $4.50 $9,819 .
5. Priveway Cut. (Trail, Estates, Manor & Condo enlrances) SF 4.722 $4.50 $21,249
6. Bus Tum Out SF 782 $5.00 $3,910
7, Handicap Ramps EA 10 $750.00 $7,500 .
8, Curb Ramps (for CTS along Tassajaea Rd.) EA 5 $300_00 $1,500
Subtotal $256,972
D. Slorm ByslBni
1. Storm Drain Manhole EA 18 $2.200.00 $39,800
2. Adjusl Manhole Rim to Grade EA 2 $500,00 $1,000
3. Storm Water Inlet ~ 22 $1.700.00 $37.400
4. Storm Water Inlet (Inlet Type VI (8P-416) EA 3 $2,000,00 $6,000
5. 24" . 24" Field Inlet ~ 27 $1,500.00 $40,500
6. 24".24" Field Inlet wi Inlet Type VI botlOm (SP-416) EA 1 $2,000.00 $2,000
7. 36" . 48" Field Inlet EA 1 $2,000.00 $2,000
8. 8" (HPPE) LF 392 $10.00 $3,920
9 12" (RCP) LF 1,286 $28.00 $36.008
10. 18" (HPPE) LF 533 $22.00 $11,726
10. 18" (RCP) LF 2,229 $32,00 $71.328
11. 24" (RCP) LF 1,396 $38.00 $53,D48
12. 3D" (RCP) LF 1,581 $42,00 $66,402
13. 36" (RCP) LF 84 $44 .00 $3,696
14. 4' Lined Earth Pitch LF 1.329 $8.00 $10,632
15. 3' Lined Earth Pitch LF 262 $6.00 $1,572
16, J"Pilch LF 430 $10.00 $4,300
17. Through"curb drains (4" PVC) EA 70 $75.00 $5,250
Sublolal $396.382
.
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Prelim/nary Estimate of P",bable Construct/em COSIS
TRACT 7441- SILVERIA RANCH
Phase 1 .. Improvøment Plllns
CITY OF OIJBI./N - BONO EST/MA TE
n~ 2f;
October 6, 2004
J06 # 021031
Page 3 of 3
.1m!. DESCRIPTION J.lli.IIS. QUANTITY UNIT PRICE AMOUNT
E. Miscellaneous
1. Signing & Striping LS 1 $10.000.00 $10.000
2. Traffic Ccntrol LS 1 $25,000.00 $25,000
3. Sawcut LF 52 $3.00 $156
4. Monumal1ts EA 24 $250.00 $6,000
5. Rock RipRap (20'<15') EA 1 $2,500.00 $2,500
6. Rock RipRap (6'<9') EA 1 $1,000.00 $1,000
7. Rock RipRap (6'<6') EA 1 $800.00 $800
8. Street Lights EA 20 $2,000.00 $40.000
9. Traffic Signal LS 1 $110,000.00 $110,000
10. Fencing (4' high black vinyl coated) LF 1,150 $10.00 $11.500
11. K-Rall LS 1 $7,500.00 $7.500
Subtotal $214,458
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October 12.2004
JOB #03001
Phase 1 -Bond Estimate
SILVERIA RANCH TRACT 7441
Dublin, California - PINN BROTHERS
Based on 2nd Submittal Plans (08/31/04)
ITEM QUANTITY UNIT UNIT COST TOTAL
24" Box Trees 371 EA 225.00 83,475
ShrubsNines 28,077 SF 2.10 58,962
Groundcover 28,077 SF 0.35 9,827
Lawn (Sod) 6,939 SF 1.00 6,939
Soli preparation 35,016 SF 0.15 5,252
Mulch 28,077 SF 0.25 7,019
Irrigation (Incuding Hill Top Side Drip) 35,016 SF 2.25 78,786
Concrete Mow Band 1,058 LF 4.00 4,232
Bench 1 EA 600.00 600
Trash Can 1 EA 400.00 400
Concrete Stair (11 Riser) 44 LF 50.00 2,200 ·
Flood Light 4 EA 250.00 1,000
Pipe Rail Fence 111 LF 38.00 4,218
Pipe Rail Gates 1 EA 4,500.00 4.500
Entry Signage 2 EA 6,000.00 12,000
Maintenance 90 day 35,016 SF 0.08 2,801
SUBTOTAL $ 282.212
10 % Contingency 28,221
TOTAL $ 310,433
NOTES;
1. This cost estimate is for your budget purposes only and does not reflect a firm construction price.
2. The final contractor's ",stimate may vary based upon prevailing contractor cost of material and labor.
3. The following are not included In this cost estimate:
s. Electrical service connedÎon costs
b. Site Lighting except for Flood Light @ Entry Sign
c. Drainage Or grading of any kind
d. Retaining Walls (See Engineer's Plans)
e. Private Landscape Areas (Le. The Mano", I The Estates)
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1 855 Olympic Boulevard, Suite 225, Walnut Creek, CA 94596, Tal 925/945-1112, F.. 925/945-0409, ern_il; rala@ro..lendarch.com
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2ÞDD 21:
RESOLUTION NO. "05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTING OFFER OF DEDICATION FOR OPEN SPACE AND CONSERVATION EASEMENT,
PARCELS A, C, D, AND F, TRACT 7441, PHASE I ~ SILVERA RANCH
(PFEIFFER RANCH INVESTORS II, INC.)
WHEREAS, the Silvera, Haight, and Nielsen properties, together with the abutting segment of
Tassajara Road (formerly County Road 2568), were annexed to the City of Dublin and to the Dublin San
Ramon Services District via Local Agency Formation Commission (LAFCO)Resolution No. 2003-01-A on
January 9, 2003 (recorded on May 5, 2003, in Book 264 of Maps at Page 34); and
WHEREAS, the Final Map for Tract 7441, iIJ 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 Cali fomi a and the City of Dublin Municipal Code; and
WHEREAS, the City of Dublin Planning Commission adopted Resolution No. 03-48 on September
23, 2003, approving the Vesting Tentative Map and Site Development Review for Tract 7441, subject to
Conditions of Approval regarding required on-site/off-site improvements (PA 02-024); and
WHEREAS. Condition No. 27 of the Conditions of Approval, as modified by the Development
Agreement for Tract 7441, requires dedication of an open space/conservation easement over Parcels A, C, D,
and F as shown on the ten1.ative map; and
WHEREAS, Pfeiffer Ranch Investors II, Inc., has elected to comply with the conditions imposed by
the Conditions of Approval and execute a Declaration of Deed Restrictions in compliance with modified
Condition No. 27;
NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized by the City Council
to execute the Declaration of Deed Restrictions, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 1st day of March, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
·
·
·
G:\DEVELOP\PINN BROS. (Sì1vma)\R8S07441_ conservation easement, Ph9.se I.döc
ATTAUlDlENT ~
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RECORDING REQUESTED BY:
· CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee WtÛvedper GC 27383
Space above this line for Recorder's use
DECLARAT]ON OF DEED RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS ("Declaration") is made as of
/I1AIt/'JI I ,2005, by Pfeiffer Ranch Investors II, Inc., a California corporation,
"DecJarant".
·
I. WHEREAS, Declarant is the record owner of real property located in the City of
Dublin, County of Alameda, State of California, and more particularly described in Exhibit A
and depicted in Exhibit B attached hereto and incorporated herein, hereinafter referred to as the
"Property"; and
II. WHEREAS, Declarant proposes to develop 254 single-family homes, hereinafter
referred to collectively as the "Project"; and
III. WHEREAS, the City of Dublin has approved a tentative map for the Project
(Tentative Tract Map 744]) ("Map") and Declarant intends to develop the Projcct in accordance
with such approvals; and
IV. WHEREAS, the City of Dublin imposed conditions on the Project upon
approving the Map ("ConditioDs of Approval") on September 23,2003; and
V. WHEREAS, Condition No, 27 of the Conditions of Approval, as modified by the
Development Agreement for Tract 7441, requires Declarant to record a conservation/open space
casement or similar instrurrtent;and
VI. 'NI-IEREAS, the Declarant has elected to comply with Condition No. 27 by
executing and rccording this Deed Restriction so as to enable the Dcclarant to undertake the
development authorized by Tentative Tract Map 7441 and the CODditions of Approval; and
·
VII, WHEREAS, the Declarant reserves to itself and to tenants, licensees, employees,
contractors, agents, casement holders, lenders, representatives, guests and invitees, heirs,
J amielElgrecmcllts/lJfoifforRc5tric.Cov .d()~
EXmIT A
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successors, and assib'llS all rights and priviJeges accruing from its ownership of the Property that
are not expressly prohibited herein.
.
NOW, THEREFORE, in consideration of the Map and the Conditions of Approval, the
Declarant hereby irrevocably covenants with the City of Dublin that there be and hereby is
created the following restrictions on the use and enj oyment of said Property, to be attached to
and become apart of the deed to the property.
1. RUN WITH THE LAND. All of the restrictions, covenants, and limitations will run
with the land and will be binding on all partics having or acquiring any right, title or interest in
the Property or any part thereof, and will inure to the benefit of all of the Property and the future
owners of the Property or any part thereof. Each grantee of a conveyance or purchaser under a
contract or agreement of sale covering any right, title or interest in any part of the Property (each,
a "Transferee"), hy accepting a deed or a contract of sale or agreement of purchase, accepts the
document subject to, and agrees to be bound by, any and all of the restrictions, covenants, and
limitations set forth in this Declaration.
2. RESTRICTIONS, COVENANTS AND LIMITATIONS. The following uses shaH be
prohibited on the Property:
(a) The construction or reconstruction of any building or structure intended for
hun1an occupancy or commercial purposes;
(b) Paving or otherwise covering of the Property with concrete, asphalt, or any other .
impervious paving material that does not çonstitute natural cover for the land;
(c) Grading that alters the surface physical characteristics of the Property;
(d) Any mining or deposit or extraction of soil, sand, gravel, rock, oiJ, natural gas,
fuel, or any other mineral substance in a manner that disturbs or alters the surface
physical characteristics of the Property;
(e) Depositing or allowing the uncontained accumulation of trash, ashes, garbage,
waste, or any similar material.
Except as necessary and appropriate to protect life and property in emergencies, maintenance of
vegetation on the Property shall be limited to weed abatement and removal of trash and invasive
species. Notwithstanding any provision in this section 2 or eisewhere in this Declaration, the use
of portions of the Property for temporary access related purposes as described in Condition of
Approval No. 37, as that condition is modified by the Development Agreement for Tract 7441,
shall not constitute a violation of this Declaration.
3. DURATION. This Deed Restriction shall be recorded against the Property and shall
remain in full force and effect during the period that the Conditions of Approval, or any
modification or amendment thereof remains effective, and during the period that the
development authorized by the Conditions of Approval or any modification of said development,
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remains in existence in or upon any part of, and thereby confers benefit upon, the Property
described herein, and shall bind Declarant and all his/her assigns or successors in interest.
4... AMENDMENT. This Deed Restriction may be amended at anytime by a duly recorded
agreement between the Declarant or any of his /her assigns or successors in interest and the City
of Dublin.
5. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII,§ 8, of the
California Constitution; and b) § 402.1 of the California Revenue and Taxation Code or
successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude
upon and burden to thc Property within the meaning of § 3712(d) of the California Revenue and
Taxation Code, or successor statute, which survives a sale of tax-deeded property.
6. REMEDIES. Any act, conveyance, contract, or authorization by the Declarant or any of
his/her assigns or successors in interest whether written or oral which uses or would cause to be
used or would permit use of the Property contrary to the terms of this Deed Restriction will be
deemed a violation and a breach hereof. The City of Dublin and the Declarant may pursue any
and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed
Restriction. In the event of a breach, any forbearance on the part of either party to enforce the
terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any
subsequent breach.
7. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall~e_a!!IJ~~_~.9r iIEP~ed:m _______~_
The undersigned has executed this Declaration of Restrictions as of fi1lJtæH /,2005.
. . --- ,,-,.
DECLARANT
Pfeiffer Ranch Investors II, Inc.,
a Californi~ration () .
By: ~~
Name: I1(AiIJ £ rl,};,
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STATE OF CALIFORNIA
COUNTY OF A \CAJrV\.-€do..
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On -f'w. \ 5 ,2005 before me, Jodi MCLÝ-h vLe..¿ ,
a Notary Public inand for said County and State. personally appeared
Ii I CUll<' . PI n M .. LPersonally known to my (or prG"'i"¡ :8 HI'" VH HI'" D=is
of-saIi~fa<ot:eIJ !:)vilie........) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
)
) ss.
)
. JODI MARTNZ
- COII1InIII8Ion 1/ 1.4941w3
l Notary Pubic ' Ci:IIItonQ
AlClll'Ntda County
MvConvn.~ 12.:UJII
COUNTY OF
·
On , 2005 before me,
a Notary Public in and for said County and State, personally appeared
, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose nanle is subscribed to the within instrument and
acknowlcdged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for Said State
·
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Parcel A, Tract 7441
City of Dublin
County of Alameda
EXHIBIT A
Legal Description
Real property situate in the City of Dublin, County of Alameda, State of Califomia.
Being Parcel A as shown on the map entitled "Tract 744J, Silvera Ranch" filed
__,2005 in Book _ of Maps, at Page --' Official Records of Alameda County.
Containing; 291,172 ± square feet, 6.68± acres
End of Description
~Ä~
Chartes Sellman, L.S. 5186
ExpiTation: 06/30/07
e G,'10B2002\021011\MAI'PINGIPLATS\PARCELA· !)ESCRlPTION.DOC
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RESOLUTION NO. - 05
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTANCE OF PARKLAND DEDICATION
IN LIEU FEE FOR TRACT 7441
WHEREAS, pursuant to 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 Vesting Tentativc Map for Tract 7441 (PA 02-024) approved
via Planning Commission Resolution No. 03-48 on September 23,2003, the Planning Commission of the
City of Dublin did determine that a fec in lieu of land dedication for park and recreational facilities is to
be paid, and said fee is to be used for the development of park and recreational facilities within a period of
five years £Tom the date of adoption of this resolution to serve the residents of the subj ect tract; and
WHEREAS, the Developer has paid to the City a remittance amount as prescribed by the
Municipal Code as follows:
Subdivider:
Pfeiffer Ranch Investors II, Inc.
(dba Pinn Brothers Fine Homes, Inc.)
$233,604.00
$142,317.00
$375,921.00
·
Community Park:
Neighborhood Park:
Total Amount:
WHEREAS, the proposed In Lieu Fee is to be used for acquisition and/or construction of
Neighborhood and Community Park Facilities in Eastern Dublin;
NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby accepted as
performance of said subdivider's obligation under the Municipal Code.
PASSED, APPROVED AND ADOPTED this 1 st day of March, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
·
City CJerk
G:\DBveWPIPINN BROS. (Silvcria)'rosopa;i<dcd_7441 . Silveria Ranch. PK. l.doc
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