HomeMy WebLinkAbout8.1 Dublin Toyota Property Lease
CITY CLERK
File # O[G][OOJ-[2](J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 6, 2006
SUBJECT:
A TT ACHMENTS:
MCOMMRNDATTON: _ .....!:)
<1M' ~)
'\ 3)
FINANCIAL STATEMENT:
DESCRIPTION:
Lease of City-owned property to Hameor Tne., (dba Dublin Toyota)
Report Prepared by Mamie R. Nuccio, Associate Planner~
1)
2)
3)
Aerial Photograph
Project Plans
Resolution approvmg a lease agreement and authorizing the
City Manager to execute said agreement wltb Hamcor Tn~.
(dba Dublin Toyota) wIth Lease Agreement attached as
Exhibit A
Receive Staff Report
Deliberate
Adopt Resolution approving a lease agreement and
authorizing the City Manager to execute said agreement with
Hamcor Inc. (dha Duhhn Toyota)
The proposed terms would result in lease revenues of $1,200 per
year
In 1970, following the construction of Interstate 580, the County of Alameda agreed to accept title to
frontage and County roads from the Cahfoffila Department of Transportation. The County of Alan1eda
rehllqulshed certam frolltage roads to the r'1ty (If Dublin upon its incorporation in 1982. One such road
was Dublin Court, which terminates at its cast end at the Dougherty Road on-ramp to westbound Interstate
580 (Attachment 1 ).
Dublin Court is a cui-de-sac and is bound by Dublin Toyota and Office Depot on the south side and by the
Dublin StatIOn shopping center ami Umted Rentals on the north side (Attaclunent I). A small area of
ulldeveloped land (approximately 2,000 square feet in size) lies east of the eul-de.sac. Hamcor Tne, doing
husiness as Duhlin Toyota, has requested the URe of this City-owned property to display a vehicle.
COPY TO: In-house Distribution
~_H_~_.__~R~______~___M___~_____~_~~~_._~~_~________________________________________________w_______p________
Page I 01'3
ITEM NO. B.1
G:\PA#\2005\uS..053 DllbljJ} Tuyota Vt:hide Displi.l.v\CCSR O(1,n6.,06.dol;
Site Improvements
DLLhlin Toyota's proposal includes removing an existing mound of dirt and grading the site in order to
improve the area with landscaping. The new grade would be approximately one-foot above the eXlstmg
sidewalk and is proposed to be landscaped wlth a new lawn. In the center of the site would he an 8-foot
by 15-foot concrete pad for the display of a vehicle. Low shrubbery is also proposed along the southern
edge of the sitc adjacent to the westbound Interstate 580 on-ramp, A tree is proposed within the new lawn
area and would be illuminated. A new cham and pilaster fence would be constructed at the back of the
sidewalk along Dublin Court to delineate the houndary of the vehicle display area (Attachment 2). ThIs
fence has heen deSIgned to match the existing fence which separates this sIte from the Dublin Toyota
Used Car lot. Access to the site for vehicle display would be ohtained from the adjacent Dublin Toyota
Used Car lot.
Proposed Landscaoing
Stair worked with the Applicant to utilize Bay Friendly Landscaping techniques including tile use of
plants that are native to the area, requlfe full Run and are the appropriate size for the space, reqUIre less
pruning and thus less waste and maintenance, and are drought tolerant. Staff suggested four plants in lieu
of the proposed lawn and shruos. The Applicant reviewed Staffs suggested plant list and ull1mately
decIded to keep the proposed lawn and shrubs which is consistent With the existing landscaping at tile
Dublin Toyota Used Car lot. The Applicant indIcated that It would be easier to maintain for theIr
landscapmg service.
The project plans propose an illuminated Queen Palm tree within the vehICle display area. Queen Palms
typically grow to 50 feet tall and 20 to 25 feet Wide, The trunk is exceptionally straight with archmg
bright green leaves that are 10 to 15 feet long; the leaves arc known to break m high wmds. The
Applicant is proposing to replace the proposed Queen Palm With a Tuscarora Crape Myrtle. This species
of Crape Myrtle grows to a height of 18 to 25 feet WIth a 15 to 18 foot spread and has a high drought
tolerance. A Crape Myrtle IS not a protected tree under the City's Heritage Tree Ordinallce and could he
removed in the future should the City need to utilize the property for roadway expansion or other City
purposes.
Lea.,'e Agreement
Details of the proposed lease agreement include, hut are not limited to, the following (Exhiolt A of
Alta~hment 3):
Term:
The leaRe term is ten (10) years.
Use:
The sIte will be used for vehicle display only No signage Will be allowed
WIthin the vehicle display area, and the vehicle shall not be placed on a
vehicle rotator or lift to display the vehicle.
Imorovements:
Duhlm Toyota is proposing to make certain Improvements to the site,
including grading, irrigation, landscaping, fencmg, and lighting.
Rent:
The rent will he $1,200 per year
Page 2 of3
TermmallOn.
The Cily can lemlmate the leasc by providing three hundred and slxty-five
(365) calendar days' written notice to the Tellant. Upon such notice, the
Tenant shall remove all Improvements mstalled on the site.
The lease agreement also estabhshes use restrictIOns and Imposes development conditions for the site.
ENVIRONMENTAL REVIEW:
The proJecl has heen found to he Categoncally Exempt from the California Enviromnental QualIty Act
(CEQA) according to CEQA Guidelines Scetion 15304
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff Report, 2) Deliberate, and 3) Adopt ReRolution
(Attachment 3) approving a lease agreement and authorizing the City Manager to execute RaId agreement
with Hameor Inc. (dba Dublin Toyota).
Page 3 of3
/tJf /h
Dublin Station
Sbopping Center
UnitOO Rentals
Dublin Toyota
Vehicle Stor.lge
Dublin Toyota
Used Cars
PROJECT
AREA 'l.1 6(6/of?
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50[((0
RESOLUTION NO. XX - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A LEASE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT BETWEEN THE CITY OF DUBLIN AND HAMCOR, INC (dba
DUBLIN TOYOTA) FOR THE USE OF CITY PROPERTY AT THE TERMINUS OF DUBLIN
COURT FOR VEHICLE DISPLAY AND ASSOCIATED SITE IMPROVEMENTS
WHEREAS, following thc construction of Interstate 5S0, the County of Alameda agreed to accept
title to frontage and county roads from CALTRANS, and
WHEREAS, upon mcorporation in 1982, the County of Alameda relinquished certain frontage
roads to the City of Dublin one of which was Dublin Court whIch terminates into the Doughcrty Road on-
ramp to westbound Interstate 580; and
WHEREAS, Dublin Toyota has requested use of a portIOn of City property at the terminus of
Duhlin Court for the purposes of vehIcle dIsplay and associated sitc improvements; and
WHEREAS, an agreement between the City of Dublin and Hamcor, Inc (dba Dublin Toyota) has
heen negotiated entitled "Lease Agreement Between the City of Dublin and Dublin Toyota for Property at
the Terminus of Dublin Court", a copy of which is attached as ExhibIt A, and
WHEREAS, the CalifornIa Environmental QualIty Act (CEQA), together with Statc Guidclincs
and City environmental regulations, require that certain projccts be reviewed for environmental impacts
and that environmental documents be prepared; and
WHEREAS, the project has been found to be Categoncally Exempt from CEQA according to
CEQA GUIdelines SectIon 15304, and
WHEREAS, a Staff report, dated June 6, 2006, incorporated herem by reference, descrihed the
Project for the City Council and recommended approval of saId Lease Agreemcnt.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Duhlin does
hereby make the following findings and determmatJons:
I There arc unique circwnstanccs applicablc to the site including SIZe, shape and location whIch
make the Project practical as follows: a) the site is approximately 2,000 squarc fcet in area and
IS Irregularly shaped due to its proximity to the Dougherty Road on-ramp to westbound
Interstate 580; b} the site is not readily visiblc from major arterials or to the general publIc and
as such will not result in adverse visual impacts to the community nor will it affect the health,
safety or general welfare of persons wlthm the VIcinity of the sitc; c) the site is physically
sUItable for the display of a vehICle and associated site improvements including landscaping,
lighting, a low fence and concrete pad, and, d) thc adjaccncy of the site to the Dublin Toyota
Uscd Car lot crcatcs a logical transition to the Project site.
ATTACHMENT 3
bO f/("
BE IT FURTHER RESOLVED THAT the City Council of the City of Duhlin hereby approves
the Lease Agreement, attached as Exhibit A, and authorizes the City Manager to execute saId Agreement
between the City of Dublin and Hamcor, Inc dba Dublin Toyota for the use of City property at the
terminus of Dublin Court for vehicle display and associated sIte lmprovemcnts.
PASSED, APPROVED. AND ADOPTED this 6th day of June, 2006, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2
7o-f/b
LEASE AGREEMENT BETWEEN
THE CITY 0]<' DUBLIN AND DUBLIN TOYOTA
for Property at the Terminus of Dublin Court
THIS LEASE AGREEMENT ("Agreement") is made effechve ,2006 ("the Effective
Date"), between the City of Dublin ("City") and Hamcor, Inc., a California corporati,m, doing
business as Dublin Toyota ("Tenant").
REeIT ALS
A.
Dublin.
City has certain rights in property at the terminus of Dublin Court in the City of
B. Dublin Toyota desires to use said premises for the display of a vehicle in
eonjundion with the adjacent vehicle sales operation.
C The parties desire to enter into this Lease Agreement with respect to said premises
in accordance witb the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the parties as follows.
I Premises. In consideration of the rent set forth herein and the faithful
performance by Tenant of the other terms, covenants, agreements, and conditions contamed in
this Agreement, City hereby leases to Tenant and Tenant bereby leases from City that certain
property shown on Exhibit A ("Premises") for the purpose of displaying a single vehicle, Tenant
acknowledges that the Premises are leased "as is" with respect to title, that the Premises may be
subject to certain public rights, and that its use of the Premises may be limited by such public
rights,
2. Term of Lease. The term of this Lease is ten (10) years beginning on the
Effective Date.
3 Use. The Premises are leased to Tenant for the sole purpose ofpennitting the
display of a single vehicle.
4. Imnrovements. In conjunction with the vehicle display, Tenant may install the
improvements (including landscaping) ("the Improvements") shown on plans submitted by
Alexander & Associates, Ine and the landscape plans submitted by Kerri Landscape Services,
dated received by the Planning Division on February 22, 2006, on file in the Community
Development Department ("the Improvement Plans"). Prior to commencement of construction
ofthe Improvements, a Final Landscape and Irrigation Plan prepared and stamped by a State
licensed landscape architect or registered engineer (which plan shall be generally consistent with
the preliminary landscape plan prepared by KeTTi Landscape Services, dated received by the
Planning Division on February 22,2006) shall be submitted for review and approval by the
DUBLIN TOYOTA. LI!:A.SE AGREEMENT
797046.3
I
DRAFT March 31, 2006
Exhibit A
'6 () -flit>
Communlty Development Dircctor At a minimum, the final landscape and irrigation plans shall
inelude: 1) landscape plans with plant details, 2) irrigation working drawings with irrigation
system details, 3) details on water service arrangements and utilities, and 4) dctails on how utility
hoxcs/transformers (if applicable) will interface with landscape improvements. To submit the
Final Landscape Plan for approval, Tenant shall submit nine (9) sets of Final Landscape and
Irrigation Plans to thc Community Development Department.
5 Rent and Other Obligations of Parties.
a. Tenant shall:
(1) Pay to City as rent in advance on the anniversary of the Effective
Datc each year 0 f this Lease, without deduction, offset, prior notice or demand the sum of one
thousand two hundred dollars ($1,200) in lawful money of the United States. The rent shall be
paid to City at 100 Civic Plaza, Dublin, California 94568, or such other address as shall be
designated in writing by City Tenant's first rental payment shall be duc upon issuance of the
gradinglsitework permit or building permit for the Improvements, whichever occurs first.
(2) Comply with the usc restrictions sct forth in Exhibit B. Failure to
comply with the any ofthc use restrictions shall be deemed a material default.
6 Termination. City may tenninate this Lease Agreement by providing three
hundred sixty-five (365) calendar days' written notice to Tenant. Upon such early termination,
Tenant shall remove all improvements installed pursuant to this Lease Agreement prior to the
366th day, and City shall refund any portion of the annual rental payment associated with the
period of time following termination.
7 Additional Improvements, During the term of this Lease, Tenant may construct
additional improvements on the Premises only if the City Council gives its prior approval in
writing of the plans and specifications for such additional improvements (collectively, "the
Additions"). Upon thcir completion, the Additions shall be deemed part of "the Improvements."
R. Waste: Ouiet Conduct. Tenant shall not commit, or suffer to be committed, any
waste upon the Premises, or any nuisan"e, or other act or thing which may disturb the quiet
enjoyment of thc property owners in the vicinity
9 Utilities. Tenant shall pay for all utility service necessary to design, install and
use the lmprovements.
10 Repair Tenant shall, at its sole cost, keep and maintain the Premises, the
Improvements, and every part thereof, in good order, condition, and repair.
1 I Damage and Destruction, In the event of destruction by fire, casualty or other
cause which shall render more than fifty percent (50%) of the Premises unusable, Tenant shall
have the option of reconstructing the Improvements, or terminating this Lease Agreement.
Tenant shall provide City written notice of its intention to reconstruct the Improvements within
DUBUN TOYOTA LEASE AGREEMENT
797046.3
2
DRAFT March 31; 200~
q 0 f-Ib
60 days of such destruction. Failure to provide notice to the City within such hme shall
automatically terminate this Lease Agreement.
12. Comoliane~ with Law and Applicable Rules and Regulations. Tenant shall, at its
sole cost and expense, comply with all of the requirements of all Municipal, State and Federal
authorities now III force, or whlCh may hereaft~r be in force, pertaining to the Premises and shall
faithfully observe in the use of the Premises all Municipal ordinances, and State and Federal
statutes now in forc~ or which may hereafter be in force. The judgment of any court of
competent jurisdiction, or the admission of Ten ant in any action or proceeding against Tenant
whether City be a party thereto or not, that Tenant has violated any such ordinance or statute in
the use ofth~ Premises shall be conclusive of that fact as between Tenant and City
13 Abandonment of Premises, Title to hnorovements, Tenant shall not vacate or
abandon the Premises at any time during the tenn; and if Tenant shall abandon, vaeat~, or
surrenJ~r the Premises, or be dispossessed by process oflaw, or otherwise, any and all
structures, appurtenances and personal property placed upon the Premises hy Tenant shall be
removed by Tenant within 30 Jays. Structures, appurtenane~s and personal property belonging
to Tenant and left on the Premises longer than 30 days shall be deemed to be abandoned ifthe
Tenant does not remove such personal property within 5 working days of receiving notice from
the City that such structures, appurtenances and personal property are going to be treated as
abandoned by the City After such 30 day period, City may dispose of any structures,
appurtenances and abandoned property in its sole discretion.
14 Assignment or Subletting. Tenant shall not assign this Lease, or any interest
therein, and shall not sublet the Premises or any part thereot; or any right or privilege
appurtenant thereto, or suffer any other person (the agents of Ten ant excepted) to occupy or use
the Premises, or any portion thereof, without the written consent of City One assignment,
suhletting, occupation, or usc by another person or entity shall not be dcemed to be a consent to
any subsequent aSSignment, suhletting, occupation or use by another person or entity Any such
assignment or subletting without such consent shall bc void, and shall, at th~ option of City, be
deemed a material breach of this Lease. This Lease shall not, nor shall any interest therein, be
aSSignable as to the interest of Tenant, by operation of law, without the written consent of City
15 Default. In the event Tenant shall be in default in the performance of any
obligation on its part to be performed under the terms ofthis Lease Agreement, which default
continues for thirty (30) days following notice and demand for correction thereof to Tenant, City
may exercise any and all remedies available at law or in equity
16 Indemnification. Tenant shall indemnify, defend, and hold City, its agents,
contractors, and employees harmless from and against any and all loss, claims, liability, damage,
expense, or cost (including without limitations costs oflitigation and attorneys' fees) City may
incur or become liable for or for which a claim is made by a third party, due to or arising out of
Tenant's use of the Premises or Tenant's construction, maintenance, or operation of the
Improvements, unless caused by the negligence or willful misconduct of the City, its agents,
contractors, or employees.
DUBLIN TOYOTA LEASE AGREEMENT
7971)41;.3
3
DRAFT: Maruh31,2006
/Dr"/(b
17 Insurance. Tenant shall obtain and main tam in effect a combined single limit
policy ofliability insLlrancc in an amount not less than One Million Dollars ($1,000,000)
covering Tenant's improvcments and the usc of the Premises. The policy shall name the City as
an additional insured.
18 Attornevs' Fees. If any action at law or in equity shall be brought to recover any
rent under this Lease, or for or on account of any breach of or to enforce or interpret any of the
covenants, terms, or conditions of this Lease, or for the recovery of the possession of the
Premises, the prevailing party shall be entitled to recover from the other party as a part of
prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the
Court and shall be madc a part of any judgment rendered.
19 Tax Consequences. Pursuant to California Rcvenue and Taxation Code Section
107 6, Tenant is hereby advised that Tenant's possessory interest in the Premises may he subject
to property taxation, and Tenant may be subject to the payment of property taxcs levied on such
interest. Payment of all such taxes shall be the sole rcsponsibility of Ten ant.
20 Notices. All notices to he given to City and Tenant must be given in writing
either personally or by depositing the sawe in the United States mail, postage prepaid, and
addressed to City or Tenant at thc address below'
City'
City of Dublin
100 Civic Plaza
Dublin, CA 94508
Attn. City Manager
Dublin Toyota
6450 Dublin Court
Dublin, CA 94568
Attention. President
Tenant:
21 Waiver The waiver by City of any breach of any term, covenant, or condition
shall not be dccmed to be a waiver of such term, covenant, or condition or any subsequent breach
of the same or any other term, covenant, or condition. The subsequent acceptance of rent by City
shall not be deemed to be a waiver of any preceding breach by Tcnant of any term, covenant, or
condition of this Lease, other than thc failure of Tenant to pay the particular rent so accepted,
rcgardless of City's knowledge of such preceding brcach at the time of acceptance of such rent.
22. Partial Invaliditv If anyone or more ofthc terms, provisions, covenants or
conditions of this Lease shall to any extent be declared invalid, unenforceable, void or voidable
for any reason whatsoever by a court of competent jurisdiction, the finding or order or decree of
which becomes final, none of the remaining terms, provisions, covenants and conditions of this
Lease shall be affected thereby, and each provision of this Lease shall be valid and enforceable
to the fullest extent permitted by law
[EXECUTION PAGE FOLLOWSI
DUBLIN TOYOTA LEASE <l.GREEMENT
797046,3
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DRAFT M..-ch 31, 2006
II oIIl?
IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement
as of the date and year first ahove written.
CITY OF DUBLIN
HAMCOR, INe. (d.h.a. Dublin T
Richard Ambrose, City Manager
By.
Name: Harold E. Cornelius
Its: President
Attest:
Fawn Holman, City Clerk
Approved as to form.
Eh>:abeth Silver, City Attorney
DUBLIN TOYOTA LEASE AGREEMENT
797046.3
5
DRAFT MW1.':h31~20(J6
/ J {) fib
Exbibit A
Diagram of Premises
DUblin Slatiou
Shopping Center
United Rentals
Dublin Toyota
Vehicle storage
Dublin Toyota
Used Cars
PROJECT
AREA
I b 0 fib
Exhibit B
Use Restrictions
I Noise. No loudspeakers or mnplitled music shall be permittcd to project out of
the vehIcle on display nor shall any loudspeakers or amplified music be used on the Premises.
2. Sales Activities Prohibited. No activities associated with vehicle sales shall take
pla"e on thc Premises,
3 Prevention of Nuisance Activities. Tenant shall "ontrol all activities On the
proje<:t sIte so as not to create a nuisance to surrounding businesses.
4 Site Maintenance. Tenant shall be responsible for maintaining the site in a clean
and litter frec condition at all times.
5 Signage Prohibited. No signage (temporary or permanent) shall be placed within
the approved vehicle display area nor shall any signage (temporary or permanent) be placed in or
on the vehicle on display
6. Vehicle Rotators/Lifts Prohibited. No vehicle rotator or lift shall be used at any
time to display the vehicle,
7 Permits Required. Building permits arc required for all electrical work.
~. Standard Public Works Conditions of Approval. Tenant shall comply with all
applicable City of Dublin Public Works Standard Conditions of Approval. In thc event of a
conflict between the Public Works Standard Conditions of Approval and these use restrictions,
these use restrictions shall prcvail.
9 Improvement Security. Pursuant to p 16.620 of the Municipal Code, Tenant
shall obtain a Grading/Sitework Permit from the Public Works Department that govems the
installation of the Improvements. As a "ondition of issuance of said permit, Impruvement
Security shall be posted to guarantec the faithful performance of the permitted work. Such
security shall be in thc form of "ash, a certified or cashier's check, a letter of credit, or a permit
bond executed by the Tenant mld a corporate surety authorized to do business in California, The
amount of the se"urity will be based on the estimated cost of the site work (excluding the
building). The appli"ant shall provide an estimate of these costs for City review with the first
plan submittal.
10 Improvement and Grading Plans. All improvement, grading and erosion
control plans submitted to the Public Works Department for review/approval shall be prepared in
accordance with the use restrictions, and the City of Dublin Municipal Code including Chapter
7 16 (Grading Ordinance). The plans shall also reference the currcnt Citv of Dublin Standard
Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes
(three 8-1/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to
797048.3
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the City's On-site Checklist (eight H-1I2" x II" pages). All of these reference documents are
availahlefi-om the Public Works Department (call telephone 925-833-6630 tor more
infonnation ).
11 GradinglSitework Permit. All improvement work mLlst be performed per a
GradinglSitework Pennit issued by the Public Works Department. Said permit will be bllSed on
the final set of civil plans to be approved once all of the plan check comments have been
resolved. Please refer to the handout titled Grading/Site Improvement Permit Application
Instructions and attached application (three 8-112" x II" pages) for more information. The
Tenant must fill in and return the applicant information contained on pages 2 and 3 The current
cost of the permit is $10.00 due at the time of permit issuance, although the Tenant will be
responsible for any adopted increases to the fee amount.
12. Construction Noise Management Program/Construction Impact Reduction.
During construction of the Improvements or the Additions, the following mellSurcs shall be taken
to reduce construction impacts:
a. Off-site truck traffic shall be routed as directly as practical to and from the
freeway (I-580) to the job site. Primary route shall be from 1-580 to Doughtery
Road. An Oversized Load Permit shall be obtained from the City prior to hauling
of any oversized loads on City streets.
b The construction site shall be watered at regular intervals during all grading
activities, The frequency of watering should increase if wind speeds exceed 15
miles per hour Watering should include all excavated and graded areas and
material to be transported off-site. Use recycled or other non-potable \Natcr
resources where feasible.
c. Construction equipment shall not be left idling while not in use,
d. Construction equipment shall be titted with noise mutlling devices,
e. Mud and dust carried onto street surfaces by construction vehicles shall be
cleaned-up on a daily basis.
f. Excavation haul trucks shall use tarpaulins or other effective covers.
g. Upon completion of construction, measures shall be taken to reduce wind erosion.
Replanting and repaving should be completed as soon as possible,
h, After grading is completed, fugiti ve dust on exposed soil surfaces shall be
controlled using the following methods:
1. InactIve portions of the construction site shall be seeded and watered until
grass growth is evident.
11. All portions of the site shall be sufficiently watered to prevent dust.
111. On-site vehicle speed shall be limited to 15 mph.
IV Use ofpetroJeum-based palliatives shall meet the road oil requirements of
the Air Quality District. Non-petroleum based tackificrs may be required
by the City Engineer.
I. The Department of Public Works shall handle all dust complaints, The City
Engineer may require the services of an air quality consultant to advise the City
on the severity of the dust problem and additional ways to mitigate impact on
residents, including temporarily halting project construction. Dust concerns in
797046.3
/So{11o
adjoining communities as well as the City of Dublin shall be addressed. Control
measures shall be related to wind conditions. Air quality monitoring of PM levels
shall be provided as required by the City Engineer
J Construction interference witb regional non~projeet traffic shall be minimized by'
i. Scheduling receipt of construction materials to non-peak travel periods.
ii. Routing construction traffic through areas ofleast impact sensitivity
Iii. Routing construction traffic to minimize construction interference with
regional non~project traffic moveJuent.
IV Limiting lane closures and detours to off-peak travel periods.
v ProvIding ride-share incentives for contractor and subcontractor personnel.
k. Emissions control of on-site equipment shall be minimized through a routine
mandatory program of low-emissions tune-ups.
13 Landscape Maintenance. Tenant shall install and maintain all landscaping and
other plant materials installed. The irrigation system(s) to serve these landscaped areas shall be
connected to the Tenant's private on-site irrigahon system.
14 Construction Hours. Construction and grading operations shall he limited to
weekdays (Monday through Friday) and non-City holidays between the hours of 7.30 a.m. and
6'00 p.m. The Applicant/Developer may request permission to work on Saturdays and/or
holidays between the hours of R.30 am and 5'00 pm by submitting a request form to the City
Engineer no later than 5'00 pm the prior Wednesday Overtime inspection rates will apply for all
Saturday and/or holiday work.
15 Damage/Repairs. Tenant shall be responsible for the repair of any damaged
pavement, curb & gutter, sidewalk, or other public street facility resulting from construction
activities associated with the development of the project.
16 Permanent Fendng. The Tenant shall install and maintain all fencing as detailed
in the Improvement Plans.
17 Photometric Plan. Lighting in the display area shall meet current City of Dublin
Non Residential Security Ordinance requiremcnts. A point by point photometric plan shall be
submitted with the final landscape plans,
18. Theft Prevention Program. Tenant shall work WJth the Dublin Police
Department on an on-going basis to establish an effective theft prevention program for the site.
19 Business Site Emergency Response Card. Tenant shall complete an updated
"Business Site Emergency Response Card" and submit it to Dublin Police Services,
20. Graffiti. Tenant shaH keep the site clear of graffiti vandalism at all times,
21 Requirements of the Dublin San Ramon Services District.
797046.3
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a. Tenant shall comply with all applicable Standard Conditions as required by
Dublin San Ramon Services District ("DSRSD").
b. Prior to issuance of any building permIt, complete improvement plans shall be
submitted to DSRSD that conform to the requirements of the Dublin San Ramon
Services Distnct Code, the DSRSD "Standard Procedures, Specifications and
Drawings for Design and Installation of Water and Wastewater Facilities", all
applicable DSRSD Master Plans and all DSRSD policies.
c. Prior to issuance by the City of any Buildmg Permit, all utility connection fees,
plan checking fccs, inspection fees, permit fees and fees associated with a
wastewater discharge permit shall be paid to DSRSD in accordance with the rates
and schedules established in the DSRSD Code.
d. No sewer line or waterline construction shall be permitted unless the proper utility
construction permit has been issued by DSRSD A construction permit will only
he issued after all of the items in condition 9 have been satisfied.
e. The applicant shall hold DSRSD, its Board of Directors, commissions,
employees, and agents of DSRSD barmless and indemnify and defend the same
from any litigation, claims, or fines resulting fi-om the construction and
completion "fthe project.
7S7Q46.3