HomeMy WebLinkAbout4.07 Positano Fallon Vil Tr 7853K-011LIFOt
SUBJECT:
ATTACHMENTS:
1ICITY CLERK
File # oQ
AGENDA STATEMENT
CITY COUNCW MEETING DATE. April 15, 2008
RECOMMENDATION:
FINANCIAL STATEMENT:
MN
Approval of Final Map and Tract Improvement Agreement for Tract
7853, Neighborhood "A," Positano/Fallon Village (Braddock and
Logan Group II, L.P.), Approval of Agreement for Long Term
Encroachment for Landscape Features for Tracts 7853 and Tract
7854, and Acceptance of Community Parkland Dedication In -Lieu
Fees
Report Prepared by: Mark Lander, City Engineer
1) Resolution Approving Final Map and
Agreement for Tract 7853, together
Agreement
2) Resolution Approving Agreement
Tract Improvement
with Exhibit "A,"
for Long Term
Encroachment for Landscape Features for Tract 7853 and
Tract 7854, together with Exhibit "A," Agreement
3) Resolution Accepting Parkland Dedication In -Lieu Fees and
Credits for Parkland Dedication Requirements for Tract 7853
4) Reduced copy of Final Tract Map 7853
Adopt the resolutions approving the Final Map and Tract
Improvement Agreement for Tract 7853, approving the Agreement
for Long Term Encroachment for Landscape Features for Tracts
7853 and 7854, and accepting the Community Parkland Dedication
In -Lieu Fees for Tract 7853.
The developer of Tract 7853, Braddock and Logan Group II, L.P.,
has provided Performance and Labor & Materials bonds in the
amounts of $408,660 for tract improvements (Bond No. 227 43 61),
644,750 each for Positano Parkway improvements (Bond No. 227
43 60), and $1,445,110 for Fallon Road improvements (Bond No.
227 43 62) (all bonds provided by Insurance Company of the West),
COPY TO: Jeff Lawrence, Braddock and Logan
Page 1 of 2
ITEM NO. if 7
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to guarantee construction of the street, grading, utility improvements
and landscaping, and will pay the cost of construction inspection.
Once these improvements are accepted, the City will incur
maintenance costs for the City-maintained improvements within
Tract 7853. The Homeowners' Association will be responsible for
maintaining the project-related landscape features within the public
right-of-way.
DESCRIPTION: Tract 7853 is the subdivision map for Neighborhood "A," part of the
Positano Development within Fallon Village by Braddock and Logan Group II, L.P. The Final Map for
Tract 7853 dedicates the rights-of-way for Positano Parkway, Amatrice Way, Capistrello Street, La Strada
Drive, La Vina Street, Scala Court, Valerio Street, and West Cantara Drive, as well as an irrevocable offer
of dedication for a future street extension (Parcel "B") and a public service easement.
The Final Map and the Improvement Plans for Tract 7853 have been reviewed and found to be in
conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission
Resolution No. 05-61 on November 22, 2005. The developer, Braddock and Logan Group II, L.P., has
submitted the signed Tract Improvement Agreement, together with the required Performance and Labor &
Materials Bonds.
Braddock & Logan II, L.P., is providing a payment of $635,375 for Community Parkland in lieu of
dedicating land. The developer will utilize 0.408 acres of credits granted for Neighborhood Parkland
obtained through the dedication of a 5.036 acre Neighborhood Park parcel on Tract 7854 (the adjoining
Neighborhood "B").
The Agreement for Long Term Encroachment for Landscape Features for Tract 7853 and Tract 7854 (the
adjoining Neighborhood "B") provides for the Homeowners' Association to maintain project-related
landscape features within the public rights-of-way, including decorative pavements and median
landscaping. Median island landscaping for major arterials will be operated and maintained by the City.
Staff recommends that the City Council adopt the resolutions approving the Final Map and Tract
Improvement Agreement for Tract 7853, approving the Agreement for Long Term Encroachment for
Landscape Features for Tracts 7853 and 7854, and accepting the Community Parkland Dedication In-Lieu
Fees for Tract 7853.
Page 2 of2
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RESOLUTION NO. - 08
A RESOLUTION OF THE CITY COl}NCIL
OF THE CITY OF DUBLIN
*********
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7853 (FALLON VILLAGE)
WHEREAS, the Final Map for Tract 7853, in the incorporated territory of the City of Dublin,
State of California, has been presented to this City Council for approval, all in accordance with provisions
of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and
WHEREAS, the Developer, Braddock and Logan Group II, L.P., a California Limited Partnership,
by Braddock and Logan Services, Inc., a California Corporation, Its General Partner, has executed and
filed with the City of Dublin a Tract Improvement Agreement for Tract 7853 to improve required
subdivision improvements in accordance with the Conditions of Approval for the Tentative Map, and with
the improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Insurance
Company of the West in the amount of $408,660 for the in-tract improvements (Bond No. 227 43 61), in
the amount of $644,750 for improvements to Positano Parkway (Bond No. 22743 60), and in the amount
of $1,445,110 for improvements to Fallon Road (Bond No. 227 43 62), conditioned upon faithful
performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Insurance
Company of the West in the amount of $408,660 for the in-tract improvements (Bond No. 227 43 61), in
the amount of $644,750 for improvements to Positano Parkway (Bond No. 227 43 60), and in the amount
of $1,445,110 for improvements to Fallon Road (Bond No. 227 43 62), conditioned upon payment for
labor performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is hereby authorized to
execute said Tract Improvement Agreement, attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the Final Map of Tract 7853 be and the same is hereby
approved, and that rights to the areas marked as Amatrice Way, Capistrello Street, La Strada Drive, La
Vina Street, Positano Parkway, Scala Court, Valerio Street, and West Cantara Drive, an Irrevocable Offer
of Dedication of Parcel "B", and Public Service Easement (PSE), offered for dedication to public use in
conformity with the terms of dedication be, and they are hereby accepted, subject to improvement, and
that the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for
filing.
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ATIAC';~ >of:
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PASSED, APPROVED AND ADOPTED this 15th day of April, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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CITY OF DUBLIN
IMPROVEMENT AGREEMENT
Tract 7853, Positano Neighborhood "A"
(Fallon Village)
This agreement is made and entered into this 1 st day of April, 2008, by and between
the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Braddock
and Logan Group II, L.P., a California' Limited Partnership, by Braddock and Logan Services,
Inc., a California Corporation, Its General Partner, 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 7853, also known as Positano/ Fallon
Village Neighborhood "A", desires to improve and dedicate those public improvements
(hereafter liThe Improvements") in accordance with the requirements and conditions set forth
in the City of Dublin Planning Commission Resolution No. 05-61 (PA 05-038), adopted on
November 22, 2005, and City Council Resolution No. 223-05, adopted on December 6,
2005 ;the requirements of the Subdivision Map Act of the State of California, the Subdivision
Ordinance of the CITY, and those certain plan and specifications for said development
approved by the City Engineer, as follows:
· "Fallon Road Surface Improvements, Central Parkway to Bent Tree Drive", (11
Sheets, Sheets 1-11), prepared by MacKay and Somps, Inc, approved October 3,
2007
· "Improvement Plans, Tract 7853 - Fallon Village, Neighborhood A': (22 Sheets,
Sheets 1-22), prepared by MacKay and Somps, Inc, approved September 11, 2007
· "Fallon Village 30" SDO Clean Water Pipeline", (7 Sheets, Sheets 1-7), prepared by
MacKay and Somps, Inc., approved May 31,2007
· "Fallon Village Traffic Signal Improvements ", (16 Sheets, Sheets TS1-SS-4),
prepared by T JKM Transportation Consultants, approved September 24, 2007
· "Joint Trench Composite, Fallon Village A - Phase I, Tract 7853, (6 Sheets, Sheets
JT1-JT6), prepared by Millenium Design and Construction,.lnc, approved September
12,2007
· "Street Lighting, Fallon Village A - Phase I, Tract 7853, (6 Sheets, Sheets SL 1-SL6),
prepared by Millenium Design and Construction, Inc, approved September 12, 2007
· "Fallon Village Phase I Backbone Landscaping': (44 Sheets, Sheets LO.1-L4.7),
prepared by Gates and Associates, approved February 11, 2008
· "Cantara at Positano Landscaping': (33 Sheets, Sheets LO.1-L5.2), prepared by
Gates and Associates, August 27, 2007
EX..- .A
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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 of this agreement, unless
the completion date is extended by the City Council. 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.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be as presented in the Preliminary Bond Estimate - Fallon Road Surface
Improvements, dated September 2007 prepared by MacKay & Somps ($1,445,110),
Preliminary Bond Estimate - Fallon Village - Neighborhood A" Positano Parkway Only, Tract
7853, dated September 2007 prepared by MacKay & Somps ($644,750), Preliminary Bond
Estimate - Fallon Village - Neighborhood A" In- Tracy Only, Tract 7853, dated September
2007 prepared by MacKay & Somps ($408,660). 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.
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B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, 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.
3. 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.
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 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.)
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 Liabilitv: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
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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 Employers 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, 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 Liability and Automobile Liability Coveraqes.
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.
2) Workers' Compensation and Employers Liability Coveraqe.
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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) Acceptability 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
each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
4. 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 [HOLD]to insure
that such defects have actually been corrected.
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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 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, 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.
5. 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.
6. Aqreement Assiqnment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY, which shall not be unreasonably withheld, denied, or delayed.
7. 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
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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:
Jeff Lawrence
Braddock and Logan Services, Inc.
4155 Blackhawk Plaza Circle, Ste. 201
Danville, CA 94506-4613
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Susan Long
Saylor & Hill Co.
1999 Harrison Street, Ste. 1230
Oakland, CA 94612-3533
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.
8. 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
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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.
9. 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 shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work
to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights,
and other safety devices (except such safety items as may be shown on the plans and
included in the items of work) shall be removed from site of the work by the DEVELOPER,
and the entire site left clean and orderly.
10. 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.
11. 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.
12. 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.
13. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
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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
[STAYS], 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) Desiqn 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. [STAYS]
4) Litiqation Expenses. In the event that legal action is instituted by
either party to this Agreement, and said action seeks damages for breach of
this Agreement or seeks to specifically enforce the terms of this Agreement,
and, in the event judgment is entered in said action, the prevailing party shall be
entitled to recover its attorneys' fees and court costs. If CITY is the prevailing
party, CITY shall also be entitled to recover its attorney's fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3.
14. 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.
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CITY OF DUBLIN
By:
Janet Lockhart, Mayor
ATTEST:
City Clerk
DEVELOPER
Braddock and Logan Group II, L.P.,
A California Limited Partnership
By:
Braddock and Logan Services, Inc.
A California Corporation
Its General Partner
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RESOLUTION NO. - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS
FOR LANDSCAPE FEATURES WITH TRACTS 7853 and 7854,
POSITANO NEIGHBORHOODS "A" AND "B"
WHEREAS, a Vesting Tentative Map for Tract 7586 for Fallon Village was approved by
Planning Commission Resolution 05-61 on November 22,2005, with Conditions of Approval; and
WHEREAS, said Conditions of Approval required the Developer, Braddock and Logan Group II,
L.P., a California Limited Partnership, by Braddock and Logan Services, Inc., a California Corporation, Its
General Partner, to construct project-related landscape features within the public rights-of-ways; and
WHEREAS, said Conditions of Approval required the Developer to enter into an "Agreement for
Long- Term Encroachment" for the maintenance of the landscape features; and
WHEREAS, the Developer has executed and filed with the City of Dublin a Tract Improvement
Agreement to improve required Tract improvements, including said landscape features; and
WHEREAS, the Developer has executed and filed with the City of Dublin an Agreement for Long
Term Encroachment for Landscape Features with Tract 7853 (Positano Neighborhood "A") and Tract
7854 (Positano Neighborhood "B"), attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Agreement.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit
said Agreement to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 15th day of April, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
ATTACHMENT Z.
/4 ~ ;JJ--
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACTS 7853 and 7854
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACTS 7853 and 7854 ("Agreement") is made between the City of
Dublin ("City") and Dublin RE Investors, LLC and Braddock & Logan Group II, L.P.
("Owners").
1. Property: The subject property is Tracts 7853 and 7854 as filed in Book _ of
Maps at Pages , in the Official Records of the County of Alameda,
State of California.
2. Developer: Owners are the owners of Tracts 7853 and 7854 (the "Fallon Village
Project").
3. Landscape Features: Owners, as part of the Fallon Village Project, anticipate
the construction of project related landscape features within the City's rights of
ways on the following streets in Tract 7853: Positano Parkway, Capistrello Street,
La Strada Drive (west side), Valero Street (west side), Amatrice Way, West
Cantara Drive, Scala Court and La Vina Street; and on the following streets in
Tract 7854 and La Strada Drive, Forino Drive, Forino Court, Montiano Lane,
Lorenzo Court, Cantalise Drive, Cantalise Court, Vanucci Way, Salerno Drive,
Cerreto Street, Palatino Court, Montelena Court, Calabria Court (collectively, the
"Landscape Features"). The specific location and description ofthese project
related Landscape Features with regard to Tract 7853 are shown on the attached
Exhibit A and with regard to Tract 7854 are shown on the attached Exhibit B.
Construction details for these Landscape Features are shown on the Landscape
Plans for Fallon Ranch prepared by McKay & Somps dated _ approved by
the City for Tracts 7853 and 7854.
4. Encroachment Permit: Owners shall apply to the City for an encroachment
permit for work to be performed pursuant to this Agreement. The City must grant
the encroachment permit for all work to install, operate'and maintain the
Landscape Features improvements and all the conditions imposed by the City
must be consistent with the provisions of this Agreement. If there is a conflict
between any provisions of this Agreement and the encroachment permit, the
provisions of this Agreement shall prevail over the conditions of the
encroachment permit.
5. Ownership: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, monuments, etc., as provided in Exhibits A and B.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape Features improvements, including all frontage, median and island
1
EXIBr .a
T_ ,&.1..._ f""'Il___1. .J.~___
wc-1l5073
/5 c:J o?~
landscape plantings, and irrigation, sidewalks and decorative pavement within the
designated areas, in a safe manner consistent with the approved plans to the
reasonable satisfaction of the City at its sole cost and expense, including electric
power and water cost. Owners will be responsible at its sole cost to replace or
repair any Landscape Feature, including decorative pavement, damaged or
removed during the maintenance or repair of sewer, water, drainage or utility
improvements by the City, Dublin San Ramon Service District or utility company,
unless such damage or removal is caused by the negligence, gross negligence or
willful misconduct of the City, Dublin San Ramon Service District or utility
company. The City will maintain at its sole cost all asphalt concrete pavement
concrete curb and gutter, drainage improvements, traffic signs and striping, and
streetlights and any other features in the public right of way outside of the areas
designated as Landscape Features on Exhibits A and B.
7. Removal or Relocation: If future improvements proposed by the City conflict
with any ofthe Landscape Features improvements, the City may reasonably
remove or reasonably relocate the Landscape Feature at its sole cost. If any of the
Landscape Features is relocated, the City and Owners will execute a modification
to this Agreement to reflect the maintenance and operations at its new location.
Provided, however, the City is under no obligation to relocate any of the
Landscape Features.
8. Insurance: Owners shall obtain and maintain in effect a combined single limit
policy of liability insurance not less than one million dollars covering the
Landscape Features improvements and shall name the City as an additional
named insured.
9. Indemnification: Owners shall indemnify, defend and hold the City harmless
from and against any and all loss, claims, liability damage or expense or cost the
City may incur or become liable for or for which a claim is made by a third party,
due to or arising out of Owner's construction, maintenance or operations of the
Landscape Features unless caused by the negligence, gross negligence or willful
misconduct ofthe City, its agents, contractors or employees.
10. Permanent: The Landscape Feature and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity, are appurtenant to the Property.
11. Right to Assign: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Fallon Ranch or to a successor in interest of Owners with respect to all or a
portion of the Positano Project; provided, however, that no such assignment of
Owners' rights interests and obligations under this Agreement shall occur without
prior written notice to the City and approval by the City Manager, which approval
shall not be unreasonably withheld, conditioned or delayed.
2
wc-115073
1& ~/07 c2
12. Successors and Assigns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to "DREI" in this Agreement shall be deemed to refer to and include
DREI and all successors and assigns ofDREI including the Positano Owner's
Association.
13. Notices: Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given on the date of delivery if delivered personally to
the party to whom notice is to be given (including messenger or recognized
delivery or courier service) or on the second day after mailing, if mailed to the
party to whom notice is to be given, by first-class mail, postage prepaid, and
properly addressed as follows:
City: City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833-6651
Attn: City Manager
Owners:
Dublin RE Investors, LLC
4155 Blackhawk Plaza Circle, Suite 201
Danville, CA 94511
Fax No. 925-648-5700
Attn: Jeff Lawrence
Braddock & Logan Group II, L.P.
4155 Blackhawk Plaza Circle, Suite 201
Danville, CA 94511
Fax No. 925-648-5700
Attn: Jeff Lawrence
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. Partial Invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
3
wc-115073
170f)')-
16. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement, executed by each of the
parties hereto.
17. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
Dated this
day of
,2008.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
Name:
Title:
OWNERS:
DUBLIN RE INVESTORS, LLC
A California limited liability company
By: Braddock & Logan Services, Inc.
Its: Manager
~~~~
Its: '-...t-P
BRADDOCK & LOGAN GROUP II, L.P.
A California limited partnership
By: Braddock & Logan Services, Inc.
~ts: Manager
BC~/~~
Its. .~iO
I
4
wc-115073
LEGEND
mllI CITY OWNED AND MASTER HOA MAIHT AINED 80FT8CAPE IAREA , 80,252+8FI
1./1 CITY OWNED AND MASTER HOA MAINTAINED HARD8CAPE [AREA, 70,251+8FI
PEDESTRIAN ARCH WAY & MONOliTH
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mllI CITY OWNED AICl MASTER HOA MAIITAINED SOFTSCAPE IAREA , 73,960+8FI
c::::=J CITY OWNED AICl MASTER HOA MAINTAINED HARDSCAPE IAREA , 1l8,625+SFJ
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RESOLUTION NO. - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTING PARKLAND DEDICATION IN-LIEU FEES AND CREDITS
FOR PARKLAND DEDICATION REQUIREMENTS FOR
TRACT 7853 (POSIT ANO NEIGHBORHOOD A)
WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider ofland for
residential uses shall, as a Condition of Approval of a Final Subdivision Map, dedicate or reserve lands,
pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes; and
WHEREAS, the Developer, Braddock and Logan Group II, L.P., a California Limited Partnership, by
Braddock and Logan Services, Inc., a California Corporation, Its General Partner, is filing Tract 7853 Final Map
for developing 85 residential dwelling units constructed on 72 lots (59 Single Family Units; plus 26 Units
comprised of: 13 Single Family Units each with an attached Secondary Unit); and
WHEREAS, the park land requirements for the project based on the requirements of the
Municipal Code and the designated land use for Tract 7853 are I) Dedication of 0.952 acres of
Community Park Land or payment of $635,375 in Community Park Land In-Lieu Fees, and 2) Dedication
of 0.408 acres Neighborhood Park Land or payment of $365,840 in Neighborhood Parkland In-Lieu Fees;
and
WHEREAS, incorporated with Final Map 7854, Developer will dedicate a Neighborhood Park
Site resulting in the issuance of "Eastern Dublin Public Facility Impact Fee Credits - Neighborhood
Parkland" under a Credit Agreement established for this purpose, and will have an original balance
available of 5.036 acres of Neighborhood Park Land credits; and
WHEREAS, Developer will utilize credits of 0.408 acres created by Final Tract Map 7854, in lieu
of a payment of fees for the full Neighborhood Parkland obligation for Tract 7853; and
WHEREAS, Developer will satisfy the Community Parkland Dedication requirement and Dublin
RE Investors has deposited with the City of Dublin funds necessary to offset the obligation of$635,375
for Community Parkland In-Lieu Fees.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid Neighborhood Parkland Credits
of 0.408 acres and the payment of$635,375 in Community Park Land in lieu fees are hereby accepted
as performance of said subdivider's obligation under Subdivision Requirements in Title 9 of the Dublin
Municipal Code.
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PASSED, APPROVED AND ADOPTED this 15th day of April, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVELOPMENT, PRIV ATE\Fallon Village (EDPO)\Tract 7853 - Neighborhood A\Reso.,parkland dedicationTr7853.DOC
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RENCES.
~Of SURVEY No laOS, BK. 16 R.O.S., P(;. 37-51
TRACT 7135 BK. 259 PG. 57-63 AL.N.EDA roJNTY R[aKlS
TRACT 7142 BK. 261 PG. 5-10 fJ.LNEDA COJNTY RECCRlS
TRACT 7253 BK. 263 PG. 73-76 AlA'oEDA OOJNTY REaHIS
PM 9208 BK. 292 PG. 16-17 AlJrHEDA ca.my REOllDS
TRACT 7281 BK. 277 PG. 82-88 f'UIAEDA CXJ..MY REo:ms
Xl& 12:31:52 rnmeo;:lcl\on P: 19JI 1m fl'1lCt
aNDY.
JORDAN - SERIES No B2-061343
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NOTES:
~BEARINGS SHOWN ARE BASED UPON CALIFORNIA ClXHllNATE SYSTEM ZONE III.
2. All DISTANCES SHOWN ARE GROUND LEVEL DISTANCES. UJlTIPlY DISTANCES BY 0.9999054
TO OBTAIN GRID DISTANCES.
3. TRACT 7853 CDNPllES WITH THAT PORTION Of SECTION 8817 (F M lAND SURVEYOR S ACT.
WHICH STATES "ON OR AFTER JANUARY 1. 1995. WHEN STATE PlANE Cl)(H}INATES AFlf USED
ON NEW SURVEYS AND NEW NAPPI NG PROJECTS. THE USE SHAlL BE LIMITED TO CCS 83".
BEING THAT THIS MAP IS A MAPING CONTINUATION OF RECCHl!J' SLRVEY NO. 1005 (R-l)
WITH SEVERAL COMMON BOUNDARIES: THEREFORE. THE COCAJINATE SYSTEM IS BASED If'OO
THIS ORIGINAL SURV['{ CCS 27, ZCNE 3.
SET 3/4" IRON PIPE AT All REAR lOT CORNERS UNLESS CJrHERWISE NOTED
BASIS OF BEARINGS:
THE BASIS OF BEARINGS SHOWN HEREON, IS M liNE BET'IE:EN
USC&GS TRIANGULATION STATIONS "FALLON" PM) "MOJNI DIABLO
TOWER". THE GRID BEARING CALCULATED FRCW Pl8USHED CCS 27
lONE 3 GRID COORDINATES fOR [HIS UNl: IS TAKEN AS NmTH
15044'21"1'EST.
ABANDONMENT NOTE:
PURSUANT TO ARTICLE 2, SECTION 66434(g) OF nE SUBOIVISIOO MAP
ACT. TH I S MAP SHALL CONST I TUTI: THE ABANlXNE:NT IN ITS ENTIRElY.
WITHIN THE BOUNDARIES OF THIS MAP. THE "'IRREV(l('"J)&f OFFER OF
DEDICATION"' (1.0.0.) AS DEDICATED ON PAACEl t.w> 9208. BO:l( 292
OF PARCfl MAPS AT PAGES 16.17, RECO~ OF AL.N.EDA COONTY.
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LEGEND:
----- SECTlONUh{
----- IKIIJNOARY' UtE
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- PAACEL UtE
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+ QUARlER SECTION CORhER
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@ rOUND STREET K1t<<NENT (J" RECOIID
pm Tlocr 7281 WjlS 5412
@ 5[l CITY OF DU811N SrAHDARD STREEl
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Pl PROI'ERTY UtE:
PAl/E P1WAT[ ACCESS AND unuJY EASEMENT
PSE PUBUC SEfMCE EASEliEHT
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TRACT 7853
A SUBDIVISION OF PARCEL A OF PARCEL WI'
9208, ~ RECORQ(D SEPTEMBER 6, 2006, IN
BOOK 292 OF PARCEL ~APS AT PAGES 16-17,
AiAMEDA COUNTY RECORDS
CITY OF DUBLIN, AlM4EOA COUNTY, CAL..lFORNIA
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OCTOBER, 2007
SHEEr 2 OF 5 19319-02