HomeMy WebLinkAbout4.05 Sorrento at Dub Ranch Neighborhood Sq
CITY CLERK
File # D[6[Cj[O-[BO]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 16, 2006
SUBJECT:
Approval of Final Map and Tract Improvement Agreement for
Tract 7M2, Approval of an Agreement Regarding a Proposed
Neighborhood Square in Sorrento at Dublin Ranch, and Acceptance
of Parkland Dedication and Credits for Tract 7642 (Toll Brothers)
Report Prepared by Melissa Morton, Public Works Director
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ATTACHMENTS:
1)
ResolutlOn Approving Final Map and Tract Improvement
Agrccmcnt for Tract 7642, together with Exhibit "A",
Agreement
Resolution Approving Agrccment Regarding a Proposed
Ncighborhood Square in Sorrento at Dublin Ranch, togcthcr
with Exhibit "A", Agreement
ResolutJon Accepting Parkland Dedication and CredIts for
Tract 7642
Rcduccd copy of Final Tract Map 7642
2)
3)
4)
2S
Adopt the resoluhons Approving thc Final Map and Tract
Improvement Agreemcnt for Tract 7642, Approving the Agreement
Rcgarding a Proposed Neighborhood Square In Sorrento at Dublin
Ranch, and Accepting Parkland Dedication and Crcdits for Tract
7642.
RECOMMENDATION:
FINANCIAL STATEMENT:
The developer of Tract 7642, Sorrento at Dublin Ranch I, LP, a
California Limited Partncrship owned by wholly-owned subsIdiaries
of Toll Brothcrs, Inc., has provided bonds to guarantee cOllstruction
of the street, grading, utility Improvements and landscaping, and will
pay the cost of construction inspection. Oncc these improvements
are accepted, the City will incur maintenance costs for the City-
maintained improvements within Tract 7642. The Homeowners
Association will be responsible for maintaining the landscape
features within the public right-of-way
COpy TO: Jon Paynter, Toll Brothers
Page I 01'2
ITEMNO.~
G:\DEVELOP\Dublin Ranch\SuI'J'erltu-Toll Drothel's\Tract 7642-Neigh l\agst Tract 7M2,doc
DESCRIPTION: Tract 7642 is the first of five nelghhorhoods in the westelll portion
of Toll Brothers' Sorrento at Dublin Ranch. Tract 7642 subdivides 8.27 acres, located at the southwest
corner of Gleason Drive and Grafton Street, into 75 single-family lots in 15 clusters of five lots served
from a common private driveway.
The Final Map and the hnprovement Plans for Tract 7642 have been reviewed and found to be in
conformance with the Tentative Map and Conditions of Approval adopted by Planning CommissIOn
Resoluhon No, 05-52 on Septcmbcr 13, 2005 The developer, Sorrento at Dublin Ranch I, LP, has
submitted the signcd Tract Tnlprovement Agreement, together with the required Performance and Labor &
Materials Bonds in the amount of $875,000 provided hy Sa1'cco Insurance Company of America (Bond
No. 08840667). Parkland dedicatIon requirements havc been satisfied with the dedication of the
Neighborhood Square and Community Parkland crcdits transferred from the Lin Family
The Agreement Regarding a Proposed Neighborhood Square in Sorrento at Dublin Ranch provides for the
Developer to complete rough grading and to maintain the park site prior to the City's acceptance of the
deed for the park site.
Staff recommends that the City Council adopt thc rcsolutions Approvmg the Final Map and Tract
Tnlprovement Agreement for Tract 7642, Approving the Agreement Regarding a Proposed Neighborhood
Square 111 Sorrento at Dublin Ranch, and Acccpting Parkland Dedication and Credits for Tract 7642.
Pagc 2 of2
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RESOLUTION NO, - 06
A RESOLUTION OF THE Cln COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
I<'OR TRACT 7642
WHEREAS, the Final Map for Tract 7642, in the incorporated territory oflhc 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 thc City of Dublin Municipal Code; and
WHEREAS, the Developer, Sorrento at Dublin Ranch I, LP, a California Limited Partnership owned
by wholly-owned suhsidiaries of Toll Brothers, Inc., has cxccutcd and tiled with the City of Dublin a Tract
Improvement Agreement for Tract 7642 to improw rcquired subdivision improvements in accordance with
the Conditions of Approval lor thc Tcntativc Map, and with the improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is securcd by a bond furnished by Safeco Insurance
Company of America in the amount of $H75,OOO for tract improvements (Bond No. 08840667), conditioned
upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured hy a hond furnished by Safeco Insurance
Company of Amcrica in the amount of $875,000 for tract improvements (Hand No. OHH40(67), conditioned
upon payment (or labor performed or material furnished under the terms of said Agreement,
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is herehy authorized 10 execute
said Tract Improvement Agreement, attached hereto as Exhibit "A"
BE IT FURTHER RESOLVED that the Final Map of Tract 7642 be and the same is hereby
approved, and that rights to the areas marked as Rimini Lane, Perugia Street, Public Service Easement IPSE),
and Emergency Access Easement lEV AE) offered for dedication to public use in conformity with lhc tcrms of
dedication be, and they are hereby accepted, subject to improvement, and that the Clerk oflhis City Council is
hereby directed to transmit said Map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 16th day of May, 2006.
AYES.
NOES:
A HSENT
ABSTAIN
ATTEST
Janet Lockhart, Mayor
t1; :-) :-Jj;"f("'i Yc,
Fawn Holman, City Clerk
ATTACHMENT ~
Jo f J 3>
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 7642
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 Sorrento at
Dublin Ranch I 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, the subdivider of.Tract No 7642, desires to improve and
dedicate those public improvements (hereafter "The Improvements") required by City of
Dublin Planning Commission Resolution No. 05-52 adopted on September 13, 2005 in
accordance with the requirements and conditions set forth in said resolution, the
requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance
of the CITY, and those certain plans for said development entitled Improvement Plans,
Sorrento at Dublin Ranch, Tract 7642 prepared by MacKay & Somps and signed by the City
on April 28, 2006, Sorrento at Dublin Ranch Landscape Plans, Neighborhood 1, Tract 7642
"Milano", prepared by Vander Toolen Associates dated April 25, 2006; and Joint Trench
Composite & Street Lighting Plans for Sorrento at Dublin Ranch Neighborhood 1, Tract 7642
prepared by Robert Gray & Associates dated April 25, 2006 and now on file in the office of
the City Engineer, which are hereby referred to for a more definite and distinct description of
the work to be performed under this Agreement as though set forth at length herein,
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of The Improvements in consideration for DEVELOPER's satisfactory performance
of the terms and conditions of this Agreement; and
WHEREAS, CITY has determined that The Improvements are a public works subject
to California prevailing wage requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1 Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this Agreement. DEVELOPER shall complete
said work not later than two years following said date of execution. Time is of the essence in
this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as-built plans of The Improvements, including any authorized
mod ifications.
mIBIT A
To the Resolution (I)
;3:,(_,03
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement as
presented in the Bond Estimate for Tract 7642. dated March 30, 2006 prepared by MacKay &
Somps is agreed to be $875,000 Said amount includes costs and reasonable expenses and
fees which may be incurred in enforcing the obligation secured.
3 Bonds Furnished
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the following security in a form satisfactory to the CITY Attorney'
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed,
B Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one-hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor
C If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surface water drainage of the subdivision shall not
interfere with the use of neighboring property, including public streets and highways.
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform to the provisions of
Chapter 5 of the Subdivision Map Act.
4 Insurance Required
Prior to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, all insurance required under this paragraph
Prior to the commencement of work under this Agreement, DEVELOPER's general contractor
shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph 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
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A Minimum Scope of Insurance Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed 1/73) covering
comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form
CG 0001 )
2) Insurance Services Office form number CA 0001 (Ed 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
B Minimum Limits of Insurance. DEVELOPER shall maintain limits no less
than:
1) General Liability' $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability' $1,000,000 combined single limit per accident for
bodily injury and property damage.
3) Workers' Compensation and 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.
C Deductibles and Self-Insurance Retentions Any deductibles or self-
insured retentions must be declared to and approved by the CITY At the option of the
CITY, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; or the
DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liabilitv 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
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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 shail not contribute
with it.
c) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability
2) Workers' Compensation and Emplovers Liabilitv Coveraqe.
The insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses arising from
work performed by the DEVELOPER for the CITY
3) All Coveraqes.
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) Acceptabilitv of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII
b) Verification of Coveraqe DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf
The certificates and endorsements are to be received and
approved by the CITY before work commences The CITY
reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its
policies or shall obtain separate certificates and endorsements for
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each subcontractor All coverages for subcontractors shall be
subject to all of the requirements stated herein.
5 Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
acceptance of the entire work by CITY DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one-
year guarantee period without expense or charge of any nature whatsoever to CITY
DEVELOPER further covenants and agrees that when defects in design, workmanship and
materials actually appear during the one-year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year to insure that
such defects have actually been corrected
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall
have the right, but shall not be obiigated, to repair or obtain the repair of the defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship
or material covered by the foregoing guarantee results in a condition which constitutes an
immediate hazard to the public health, safety, or welfare, CITY shall have the right to
immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY
on demand all costs and expense of such repair The foregoing statement relating to
hazards to health and safety shall be deemed to include either temporary or permanent
repairs which may be required as determined in the sole discretion and judgment of CITY
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses
for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30)
days from the date of billing for such work or repairs.
6 Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representative for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by DEVELOPER and replaced to the
satisfaction of CITY without any expense to CITY in strict accordance with the improvement
plans and specifications.
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7 Aqreement Assiqnment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY
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 DEVELOfER'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
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid
Notices required to be given to CITY shall be addressed as follows'
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows
Toll Brothers, Inc.
100 Park Place #140
San Ramon, CA 94583
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Notices required to be given surety of DEVELOPER shall be addressed as follows:
Fidelity and Deposit Company of Maryland
3910 Keswick Road
Baltimore, MD 21203
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
9 Use of Streets or Improvements,
At all times prior to the final acceptance of the work by CITY, the use of any or all
streets and improvements within the work to be performed under this Agreement shall be at
the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy
permit by CITY for dwellings located within the tract shall not be construed in any manner to
constitute a partial or final acceptance or approval of any or all such improvements by CITY
DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or
occupancy permits when the work or its progress may substantially and/or detrimentally
affect public health and safety
10 Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as
may be necessary to prevent accidents to the public and damage to the property
DEVELOPER shall1furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of allwork
to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights,
and other safety devices (except such safety items as may be shown on the plans and
included in the items of work) shall be removed from site of the work by the DEVELOPER,
and the entire site left clean and orderly
11 Acceptance of Work,
Upon notice of the completion of all tract work and the delivery of a set of final as-built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated
representative, shall examine the tract work without delay, and, if found to be in accordance
with said plans and specifications and this Agreement, shall recommend acceptance of the
work to the City Council and, upon such acceptance, shall notify DEVELOPER or his
designated agents of such acceptance
12. Patent and Copyriqht 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
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13 Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of
this Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby
waive the provisions of Section 2819 of the Civil Code of the State of California.
14 Liability
A. DEVELOPER Primarilv Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work will be performed in a proper manner
DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and
each of its elective and appointive boards, commissions, officers agents and
employees, from and against any and all loss, claims, suits, liabilities, actions,
damages, or causes of action of every kind, nature and description, directly or
indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
1) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold harmless
agreement, because of the acceptance by CITY, or the deposit with CITY by
DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof
2) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and 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.
3) Desian Defect. If, in the opinion of the CITY, a design defect in the
work of improvement becomes apparent during the course of construction, or
within one (1) year following acceptance by the CITY of the improvements, and
said design defect, in the opinion of the CITY, may substantially impair the
public health and safety, DEVELOPER shall, upon order by the CITY, correct
said design defect at his sole cost and expense, and the sureties under the
Faithful Performance and Labor and Materials Bonds shall be liable to the CITY
for the corrective work required
4) Litiaation 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,
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and, in the event judgment is entered in said action, the prevailing party shall be
entitled to recover its attorneys' fees and court costs. If CITY is the prevailing
party, CITY shall also be entitled to recover its attorney's fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3
15 Recitals.
The foregoing Recitals are true and correct and are made a part hereof
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By.
Janet Lockhart, Mayor
ATTEST
Fawn Holman, City Clerk
DEVELOPER
Sorrento at Dublin Ranch I LP, a California Limited Partnership
By~~c.\L./
j"8"0t~.J\ ( S cp.;~v",L
Print Name
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Title
G:\DEVELOPIDublln RanchlSorrento-TolI Brolhers\Tract 7642-Nelgh 11tract improvement agm! ,doc
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/101-,23
RESOLUTION NO. - 06
A RESOLUTION OF THE Cln COUNCIL
OF THE CITV OF DUBLIN
*********
APPROVING AGREEMENT RECARDING A PROPOSED NEIGHBORHOOD SQUARE
IN SORRENTO AT DUBLIN RANCH
WHEREAS, the Developer, Sorrento at Duhlin Ranch I, LP, a California Limited Partnership
owned by wholly-owned subsidiaries or 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 TOugh
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
umts wltlnn SOITento at Dublin Ranch, and
WHEREAS, Sorrcnto at Dublin Ranch I has cxccutcd and tiled with the City of Dublin an Agreement
Regarding Proposed Neighborhood Square in Sorrento at Dublin Ranch to TOugh grade the Neighborhood
Square; and
WHEREAS, said Agreement is secured by a bond furnished by Safcco Insurancc Company of
America in 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
Amenca 111 the amounl of $80,000 for the TOugh grading (Bond No. 6402652), conditioned upon payment
for labor performed or material fulllished under the tenns 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 thc 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.
AYES.
NOES.
ABSENT
ABSTAIN
ATTEST
Janet Lockhart, Mayor
Fawn Holman, City Clerk
ATTACIDIENT Z.
/201;;3
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 lhe 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
DIT
A.
To the Resolution (2.)
/ :3 0 f "," 3
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 NEIGHBORHOOD SQUARE IN SORRENro AT DUBliN RANCH
wc.117749
Page 2
/4 0 f;; 3
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 Sarrenta 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 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 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 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 Developer's contractors, subcontractors, and other
persons furnishing labor, materials, or equipment shall be paid therefore
AGREEMENr FOR NEIGHBORHOOD SQUARE IN SORRENTO AT DUBLIN RANCH
wc-117749
Page j
IE" 0123
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 Ar DUBLIN RANCH
wc-117749
Page 4
/6 &//;"3
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 Developer, to:
Richard C Ambrose
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94569
Toll Brothers, Inc.
100 Park Place #140
San Ramon, CA 94583
Atttl.", .j,,-ff S<_t'\{'I."fLR....
If to City, to.
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
/70 r ;<3
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
rnaterials 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 Ar 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:
Sorrentoat 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
AGREEMENT FOR NEIGHBORHOOO SQUARE IN SORRENTO AT DUIlLlN RANCH
wc-117749
/go/23
Page 7
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UNIT SUJ\.1]\,{ARY BY NEIGHBORHOOD
Arca (net s.t) BedlBath No.
Plan Name
Nci.cllbo,hood I 2,1506 3+Doo/J 3Q
lllat 2,8S1 3+.Dcn/2.:5 IS
2 upbin 4+Dena.5 9
, uphill 2,9S7 4135 IZ
4 [kp;~mhill 2,6S9 3!25 6
5 d{l~'nhill. 2,083 ----rs-
Nei:lilibomood 2l 2,150 312 n
A/Pian I All 1,320 112 13
B 2,110 3f35 27
C 2,250 3135 39
D 3/35 15
E 2,25fJ ----rr7
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2,164 312 12
A 1,762 312.5 IZ
B 2.053 312.5 9
F 1,956 312.5 12.
G 4+Dea/4 12
H 2,500 3,rU 4
1,827 E
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Nd.e;bbolhood 4 2,170 J+Loftl2.5 10
A 2,681 413.5 &
B 2,225 ,12.5 8
C 2,421 4+LoM.5 16
D 4+Loft!35 16
F 2,972
2,.wO 3+Loft!2.5 8
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Ne.i,$borbood 5 1,453 2125 :!2
A 1;359 212.5 32
AI 2125 16
B , 1,1i05 312 16
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RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTING PARKLAND DEDICATION AND CREDITS FOR TRACT 7642
WHEREAS, pursuant to Section 8-7 I of the Subdivision Ordinance 1-91, as adopted by the City uf
Dublin, and City of Dublin Municipal Code 9.2X.020, as amended by City Council Resolution 60-99, each
subdivider of land for residential uses shall, as a Cunditiun uf Approval of a Final Subdivision Map, dedicate
or reserve lands, pay fees in lieu thereof, or a ~ombination of both, for park and/or recreati\lllal purposes; and
WHEREAS, Sorrento at Dublin Ranch is subdividing 8.27 acres ofland to create 75 lots for develuping
75 residential dwelling units; and
WHEREAS, pursuant tu the Mastcr Dcvclopment Agreement between the Lin Family and thc City
recorded as Series No 99-251790 un July 8, 1999, thc Lin Family can utilize the credits granted to them
against the applicahle portions uf thc Cily's Public Facility Fee relating to Community Parkland; and
WHEREAS, an "Authorization to Use Eastern Dublin Public Facility Impact Fee Credits" Agreemcnt
has becn ~x~cutcd bctwccn the Lin Family and Sorrento at Dublin Ran~h, tu transfer 2.961 acres of
Community Parkland credits to Sorrento at Dublin Ran~h pursuant lu th~ Lin Family Master Development
Agreement; and
WHEREAS, Sorrento at Dublin Ran~h will apply 0.525 acrcs of the 2.961-acre credit to satisfy the
Community Parkland component of the I'uhli~ Facility Fee requir~m~nt tor Tract 7642, and
WHEREAS, SOlTento at Dublin Ran~h has dedicat~d to thc City of Dublin a 2.00-acre park sile tor a
Neighborhood Square; and
WHEREAS, Sorrento at Dublin Ranch will apply 0.225 acrcs ufthc 2.00-acre dedication to satisfy
the Neighborhood Parkland component of the Public Facility Fee requirement for Tract 7642,
NOW, THEREFORE, BE IT RESOLVED that the aforcsaid dcdication and credits are hereby
accepted as performance of said suhdivider's obligatiun und~r Scction 8-7 1 et seq. of aforesaid Subdivision
Ordinance 97-]
PASSED, APPROVED AND ADOPTED this 16th day of May, 2006.
AYES.
NOES.
ABSENT
ABSTAIN:
Janel Lockhart, Mayor
ATTEST
Fawn Holman, City Clerk
ATTACHMENT 3.
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