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HomeMy WebLinkAbout4.03 Starward Row Tract 7597 CITY CLERK File # D~[Q]o-[6][Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 16,2006 SUBJECT: Approval of Final Map and Improvement Agreement, and Acceptance of Parkland Dedication In-Lieu Fees Associated with Tract 7597, Starward Row (Braddock & Logan Group III, L.P) Report Prepared bY' Melissa Morton, Public Works~ I) Resolution approving the Final Map for Tract 7597, together with Exhibit "A," Improvement Agreement 2) Resolution Accepting Parkland Dcdication In-Lieu fee 3) Reduced copy of Final Map ATTACHMENTS: _)$ Adopt the Resolutions approving thc Final Map and Improvement Agreement, and accepting Parkland Dedication In-Lieu Fees associated with Tract 7597, Starward Row RECOMMENDATION: FINANCIAL STATEMENT; The developer, Braddock & Logan CJtoup, has provided Performance Bond and Labor and Materials Bonds, caeh in the amount of $372,00000 (Bond No. 2171474), to guarantee the construction of improvements, and will pay the cost of associated construction inspcction. Once thesc improvements have been constmctcd and accepted, the Homeowners Association will maintain the interior private streets. The City will incur no maintenance costs for the street improvements. The Braddock & Logan Group has provided Parkland Dedication In- Lieu Fees of $40,040.00 f'Jr Community Parks and $37,792.00 for Neighborhood Parks. DESCRIPTION; Braddock & Logan Group III, L.P., is seeking Cit} Council approval of the Final Map associated with Tract 7597, Starward Row Tract 7597 is a residcntial development approved by the Planning Commission in January, 2005, and the City Council in February, 2005 The project site is located at 7475 Starward Drive, and will consist of I () single-family homes. COpy TO: Braddock & Logan ITEM NO. Lt.? Page 1 0[2 G:\DEVELOP\Eneu-Slatww-d Row\AGST75i')7.doc An Improvement Agreement, guaranteed by a Pcrformance Bond a Labor and Matcrials Bond, has been executed hy the Braddock & Logan Group to ensure that all requued improvcments are installed to the City's satisfaction. The Final Map and Improvemcnt Plans havc bcen reviewed by Staff and found to bc in conformance with the Vcsting Tentative Map and Conditions of Approval as approved hy the Plarming CommisSion via Resolution No. 05-10 on January 25,2005, and by the City Council via Resolution No 24-05 Aspccts of tbe plans and map were also rcvicwcd by the Dublin San Ramon Services District and Alameda County Fire Dcpartmcnt for confonnance with each agency's requirements. The Braddock and Logan Group has submitted the required inspectIOn deposit and insurance ccrtificates. Parkland dedication m-heu fees of $40,04000 (Connnumty Parks) and $37,792.00 (Ncighborhood Parks) have also been submitted. Staffrecommcnds that the City Council adopt the ResolutIOns approving the Final Map and Improvement Agreement, and accepting Parkland Dedicahon In-Lieu Fees associated with Tract 7597, Starward Row. Page 2 0[2 / (if /q RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING THE FINAL MAP AND IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT 7597 (BRADDOCK & LOGAN GROUP III, 1.1'.) WHEREAS, the Final Map lor Tract 7597, in the incorporated territory of the City of Dublin, State of CalifornIa, has been prcscnted to this City Council for approval, all in accordancc with provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and WHEREAS, the Planning Commission adopted Resolution No. 05.10 on January 25, 2005, approving thc Vesting Tcntativc Map, and the City Council adopted Resolution No. 24-05 on Fcbruary 15, 2005, approving the Site Development Review for Tract 75')7, subject to Conditions of Approval regarding required on-site/off-site improvements (PA 04-UU6); and WHEREAS, Braddock & Logan Group III, 1.1'., a California Limited Partnership, has executed and filed with the City of Dublin an Improvement Agreement to install on-site/off-site improvements within the said Tract in accordance with the City Council Resolution, and in conformance with the improvcment plans and thc speciHcations attached thereto; and WHEREAS, said Improvement Agreement is secured hy a hond in the amounts of $372,000 (Bond No. 2171474) issued by Insurance Company of the West, conditioned upon faithful performancc of said Agrcement; and WHEREAS, said Improwmcnt Agrccmcnt is secured a bond in the amounts of $372,000 (Bond No. 2171474) issucd by Insurancc Company of the West, conditioned upon payment for labor performcd or material lurnished undcr thc tcrms of said Agreement; NOW, THEREFORE, BE IT RESOLVED that said Agreement and bonds are hereby approved, and that the Mayor is hercby authorized by the City Council to execute the Improvement Agreement in duplicatc, attachcd hcreto as Exhibit "A." BE IT FURTHER RESOLVED that the Final Map of Tract 7597 is hereby approved; and that rights to easemcnts markcd as Public Service Easement (P.S.E.), and Emergency Vehicle Access Easemcnt (E.V.A.E.) olTcrcd lor dcdication to the public in conformity with the tenns of dedication are hereby acccpted subjcct to improvcmcnt; and that the Clerk of this City Council is hereby directed to transmit said map to thc County Recorder lor filing. PASSED, APPROVED AND ADOPTED this 16th day of May, 2006. AYES. NOES. ABSENT ABSTAIN: ATTEST Mayor 4.3 f1/!f/ob City Clerk ATTAUBMENT I. J.. of/g CITY OF DUBLIN IMPROVEMENT AGREEMENT IMPROVEMENTS FOR TRACT 7597 (BRADDOCK & LOGAN GROUP III, L.P.) This agreement is made and entered into this 16th day of May, 2006, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Braddock & Logan Group III, LP., a California Limited Partnership (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 7597, in accordance with the requirements and conditions set forth within the City of Dublin Planning Commission Resolution Nos. 05-10 and 05-11 (PA 04-006) adopted on January 25, 200S, Planning Commission Resolution No. 06-06 and 05-11 (PA 04-006) adopted on March 14, 2006, and City Council Resolution No. 24-05 approved on February 1S, 2005, 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 April 27, 2006, as follows: . "Interim Roucrh Gradincr and Tree Relocation Plan - Subdivision 7597. Starward Row, City of Dublin. CA" (3 Sheets: 1-3). prepared by Milani & Associates. . "Gradino and Imcrovement Plans - Subdivision 7597. Starward Row. City of Dublin. CA" (12 Sheets: 1-12), prepared by Milani & Associates. . "Joint Trench Comcosite Plans - Subdivision 7597, Starward Row. City of Dublin. CA" (3 Sheet: JT1-JT3) prepared by Millennium Design Consulting. Inc. . "Street Licrhtincr Plans Imcrovement Plans, Subdivision 7597, Starward Row. Citvof Dublin CA" (3 Sheets: SL 1-SL3) prepared by Millennium Design Consulting, Inc. . "Landscace Imcrovement Plans - Subdivision 7597, Starward Row, City of Dublin. CA" (5 Sheets: L 1 - LS) prepared by Thomas Baak & Associates, LLP. Said plans are now on file in the office of the Public Works Director/City Engineer, and are hereby referred to for a more definite and distinct description of the work to be perfonned 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 G:\DEVELQPlEnea-Slarward RowIlmprovement AgreementOOC EXHIBIT A. To the Resolution ~', @ Ft'3 NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: Section 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 such Improvements no later than two years following execution of this agreement or not later than May 16, 2008 Upon completion, DEVELOPER shall furnish 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 Hundred Seventy-Two Thousand and 00/100 Dollars ($372,000.00). 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. 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 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 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 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 IMPROVEMENT AGREEMENT G:\DEVELOPlEnea-Slarward Rowllmprovement Agreement.DOC Page 2 of 10 April 17, 2006 Ifef N 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 a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General 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. b. Minimum Limits of Insurance OWNER shall maintain limits no less. than: (i) 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. (ii) Automobile Liability' $1,000,000 combined single limit per accident for bodily injury and property damage. (iii) Workers' Compensation and Emolovers 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. c. other Insurance Provisions. The policies are to contain,or be endorsed to IMPROVEMENT AGREEMENT G:\DEVELOP\Enea-Starward\lmprovement Agreement.DOC Page 3 or 10 April 17 2006 MO(/'l contain, the following provisions: (i) General Liability and Automobile Liability 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, 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 Coveraoes. 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 coyerage 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 and endorsements for each insurance policy are to be signed IMPROVEMENT AGREEMENT G:\D~ELOP\Enea~Starward\lmprovement Agreement.DOC Page 4 of 10 April 17. 2006 w of It by a person authorized by that insurer to bind coverage on its behaif 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 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 G:\DEVELOPlEnea-Stsrward\lmprovement Agroomont.DOC Page 5 of 10 April 17, 2006 7o{N Section 6. Inspection of the Work. 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 Aareement Assianment. 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 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 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 compietion, 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 All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. IMPROVEMENT AGREEMENT G:\DEVELOP\Enea-StalWard\lmprovernent Agreemsnt.DOC Page 6 of 10 April 17.2006 q t;f /"6 Notices required to be given to CITY shall be addressed as follows: Melissa Morton Public Works Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: Braddock & Logan Group III. L.P Attention: Jeff Lawrence, Vice President 4155 Blackhawk Plaza Circle, Suite 201 Danville, CA 94506 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. Safetv Devices. 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 peliormed 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 Riqht-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 IMPROVEMENT AGREEMENT G:IDEVELOPlEnea-Slarwardllmprovement Agreement.DOC Pege 7 of 10 April 17. 2006 q {}fJll 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 7597, 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 Copvrioht 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. 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 made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. Section 15 Liabilitv. a. DEVELOPER Primarilv 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 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, IMPROVEMENT AGREEMENT G:\OEVElOPlEnea-Starward\lmprovement AgNlemenl_OOC Page e of 10 April 17 . 2006 /0 of HI 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 Exoenses. 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 Imptovements 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. Section 17 Recitals. The foregoing Recitals are true and correct and are made a part hereof IMPROVEMENT AGREEMENT G ;\OEVELOP\Enea-Slarwardllmprovemenl Agreement. DOC Page 9 of 10 April 17 . 2006 /1 {)flq' IN WITNESS WHEREOF. the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY' CITY OF DUBLIN DEVELOPER: BRADDOCK & LOGAN GROUP III, L.P. By' Janet Lockhart, Mayor By~l ~ Date. James F. Sullivan Typed or Printed Name ATTEST Vice President Title By' Fawn Holman. City Clerk April 26, 2006 Date Date. IMPROVEMENT AGREEMENT G:IDEVELOPIEnea.Starwardllmprovemonl Ag'..men'.DOC Page 10 of 10 April 17 2006 /J of /i CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California __ } ss. County of Cb"yr/Zk c..hS l' f\ On eH2.I.16~ D,. before me. Nit Ncy (;. ~ B~.u A N Wrt4 , l'1affiEl!l.fldl1l1$OIomC$t'-I;;-.J!lN,~,NQtaryPUIJIIC' p~Jc.... -:I~f.s ~. SLlu...I..lI\~ , Nam~lglotSignerls\ ~ersonallY known to me D proved to me on the basis of satisfactory evidence parsonally appaared ,.@- ~:::: F Nl>Imy I'IalIc . c-.wa I . ConlIa Colla Counlv " - - - ~~-~~':~ to be the person(~ whose name(lo) isl__ subscribed to the within inslrument and acknowledged 10 me that he/JI,("~I,,,\ executed the sarne in his/.R':'I;ll,~11 authorized capacity~, and that by hlsl~c,,'lI ,eil signeture(ll) on the instrument the perso~), or the entity upon be halt of which the person(s) acted, executed the instrument. OPTIONAL Thvugh rhl!! inform<ltiM b910w Is fl()/ requirsd by law, i/ may prove valuable to persons relying an the document "md could pr8VMt fraudUltmt removal Bru:J rGtdtachmerll of tl'lls rotffl to anotMr document. ITNESS my hand and 0 . ial seal. '''''''''''N''''~''",''~/ Description of AttaCQ.!d Docum8.~_~ ~ Title or Type of Document: ~...~.~J2._Ls:.:LJ ~~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual D Corporate Officer - 11tle(s): D Partner - D Limited U General D Attornay.in-Fact [J Trustee [l Gua.rdian or Conservator [] Other' Tap a/thumb here Signer IS Representing: C 19911 N.aulJnBI Notary ^!Imadcn 835D DIIl:i!l1o Al/I!l., fI.U. ~K 2402. Chgmwtinn, CA !I1~1:}.:1402 www.nllllcnglnllhiry.o.rg F'rod. No.!>lI07 Fl!lordllr:CaiToll-F~l-eo()-816-1iI27 /3c{/1 Milnni & Associates 4071 Port Chicago Highway, Suite tOO Concord, CA 94520 925-674-9082 Fax: 925-674-9279 Civil Engineers Land PIa-rHiers Surveyors Dal<:; 03/29/06 Job No.. 250012-10 By'SS Revision: 7 File: WlcostestimotesJ2005/250UI2-10/Cost Estimale-032906 Preliminary Engineer's Opinion of Probable Construction Costs Intract Improvements - STAR W Alill ROW City of Dublin. California 10 Vnits Sut>.Total UNIT VANTITY UNIT PRtCE AMOUNT 790 l.f $2.50 $1,975.00 1650 sJ, $1.50 $2,475.00 1130 '.f. $1.50 $1.695.00 120 I.f. $9_UO $1,080.00 10 each $500.00 $5.11110.011 0_77 acre $3,500.00 $2.6~5_1I0 U.77 aCre $5.000.00 $3,850.00 80 Lf $3.00 $240_00 't'; 2550 e.y $8.00 $20,400,00 10 each $1,000.00 $ JO,OOU_UO ~oi 9970 '.f $11.30 $2,991.00 7250 sJ $750 $54,375.00 10355 s.f $1.20 $1~.026_1I11 48U ,_f $10,00 $7,680.00 7730 '.f $1 15 $8,889,50 445 sJ $U_60 $267,00 865 ..f $0.60 $519_UO 1135 s.f. $0.60 $1,281.00 175 ,.f. $0.60 $105,00 1250 l.f $4_0U $5.000_00 2 each $400.00 $800_0U ~~ ITEM DESCRIPTION Demolition & Site PreDoration 1 Construction Fence:: at Perimeter 2 Remove EXisting Concrete Sidewalk (Starward Drive) 3 Remove Existing Concrete (Ruof Overbang) 4 Remove Existing Walls (Planter Box) 5 Tree R.emoval h Underground Utilitie. Removal (SD. SS, etc, I 7 Remove Misc. Debris 8 Pavement Sawcut Sut>. Total Earthwork I Onsite Cut to Fill (assume 2' Cut to Fill) 2 Lot Finish Sut>.Tutal Finish Gradinl! & Pavinl! In-tract Streets Grading to Property 2 6" Concrete St Sect10n (including #4 bar~) 3 I" "C Slul1)' Seal (Starward Drive) 4 Textured Concreto at Entrance (6" section) 5 6" Aggregate Base 6 CUI;,'h Gutter Cushion (4" All) (1.51 Gutter Pan) 7 Curb Gutter Cushion (Starward Drive) 8 Sidewalk Cushiun (4" Am (Starwurd Drive) 9 Curb Cushion (4" ABI 10 Bln-owale 11 Driveway Conforms Page I 1'1 of It Street }'urnitllre Reinstall Disturbed Signs I I.,. $1,OOO.OU $1,000.00 2 Street Name Sign I each $250.00 $250.0() 3 Traffic Sign Allocatil)o 5 r:at:h $250.00 $1,250,OU 4 Street Monument 2 t::ach $375.00 $750.00 5 Street Tree 20 e.ch $90.00 $1",800.00 6 Traffic Striping "Unc.tion ] 1.5. $5,000,00 $5.000.00 7 Stop Bar I each $500.00 $500,00 8 Blue Dot Reflector 3 each $100.00 $300,00 Sub- Tot.1 Street Work" Co~cret. 1 Curb &. Gutter 200 Lf. $9.00 $1.800.00 2 Curb & Gutter (Starward Drive) 440 Lf. $9.00 $3,9(,0.00 3 Curb Only 350 I.f. $7.50 $2,625.00 4 Sidewalk (Starward Drivel 2135 '.f. $3-50 $7,472.50 5 Driveway Apptuaches - Thickened Edge 2 each $250.00 $500.00 7 Curb Drains I each $30.00 $30.00 8 Miscellaneous Reconstrnction I each $2,000.00 $2.000.00 Sub-Total \ Street Lit!htinl! I Elcctroliers. (Base, Pole~.Ann, Pull Box, Conduit & Wire) 3 each $2,750,00 $8.250,00 2 10 feet Pole Ligh!; 2 each $2,000,011 $4,000,00 Sub-Total illi1lIIIIlIlUilBlIBff Storm Drain - Concrete Work 1 Catch Basin I each $2,500.00 $2.500.00 2 Field Inlet (Two covcn::d Inh:ts) 4 each $2.450.00 $9,800.00 3 A rea Drnin 14 each $190.00 $2,660.00 4 French Drain 45 I.f $4.50 $202.50 5 Storm Dra.in Manhule 2 each $2.80IUIO $5,600.00 Suh-Total !IU~ Storm Drain - Undereround 1 4H Storm Drain Pipe - pve 115 l.f. $]3.00 $1,495.00 2 8" Storm Or.in Pipe - PVC lIO I.f $26,00 - $2.860.1)0 , 101t Storm Drain Pipe ~ PVC 310 I.f $28,00 $8,680.00 4 12" Stonn Drain Pipe - PVC 80 l.f, $,0.00 $2,400.00 5 Connect to existing 1 each $1,000.00 $1,000.00 Sub- Tutal ~"'f}\~~'"!"'~ . ,i:AM,.Ai~i~:.2~:. , i Page 2 1 2 3 4 5 6 7 Miscellaneous Retaining Walls. Cnnc h""3' La.ndscaping . Private Road & Parking Area Landscaping - Public Rigbl,of- Way 1 Erosiun Control Allol,:atillu Decomtive Perimeter Feocing Construction Traffic Control Site Repairs Sub-Total TOTAL CONSlRUCTION COST 15% CONTINGENCY GRAND TOTAL - CONSTRUCTION COST (Rounded to Ncarest $100) CONSTRUCTION COST PF.:R UNIT Page 3 150{/'6 385 I l.f. $50.00 l.s. $20,000.00 I.,. $5,550.00 each $12.000.00 l.f. $35.00 LS $S,OOO.OO LS $20,000.00 $19,250.00 $20.000.00 $5.550.011 $12,000.00 $14,595.00 $5,000.00 $20.000.00 I 417 I I RESOLUTION NO. - 06 / & tf N A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTANCE O}' PARKLAND DEDICATION IN LIEU FEE FOR TRACT 7597 WHEREAS, pursuant to City of Duhlin Municipal Code 9.2~.020, each residential use shall, as a Condition to the Approval of a Pinal 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 aclion on the Vesting Tentativc Map for Tract 7597 (PA 04-006) approved via Plarming COlllmlSSlOn Resolution No. 05-10 on January 25,2005, and its action on the Site Dcvclopment Review for Tract 7597 (PA 04-006) approved via City Council Resolution No. 24-05 on February 15, 2005, the Plarming Commission and the City Council oftbe City of Dublin did determine that a fee III lieu of land dedication for park and recreatJonal facihties is to he paid, and said fee is to be used for the development of park and recreatJonal facilities within a period of five years from the date of adophon of tbls resolution to serve the residents of the subjcct tract; and WHEREAS, the Developer has pald to the City a remittancc amount as prescribed by the Municipal Code as follows: Subdivider' Braddock & Logan Group JII, 1. P A California Lllluted Partnership $40,040 00 $37,792.00 $77,832.00 Community Park. NeIghborhood Park: Total Amount: WHEREAS, tile proposed Tn Lieu Pee is to be used for acquisition and/or constructIOn of Neighborhood and Community Park Facilities in Dublin; NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance IS hereby accepted as performancc of said subdivider's obligation under the Municipal Code. PASSED, APPROVED AND ADOPTED this 16th day of May, 2006. AYES. NOES. ABSENT ABSTAIN ATTEST Mayor City Clerk ATTACBmT ~ " J..",~ !,J..i. ,", ill <.) :.11 'T. ~ ~ u 0\ ~~ O"'H ~ ',"= ..."'C~ " ~ !;,:fr sit; '"','n ~ ,,':,,"0' ~" :t~~~ 1$;~~ ~:ao.o.:~_ : g.~ ~ r; :IE g' ::; ~ ~ "- "'. ,,"';>; W""< !l ........ 6!""'"8: I fl,',"- ~ I-Q",~!P ~ ;: "'f:e::; ~_ ~ ~;~i'1~~~~ j..: !ii~I;;.. ..... -''Ii", ::>: i;,~c. ~~ ~ ~ . . ~ t ~~ ~ f._ 'l. i;! ~; (1 ~ :S::.:. t-' :~ ot'_:.. ,,~ , ,.~. 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