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HomeMy WebLinkAboutReso 40-11 Sorrento East Proposed Pk~: ~ . ; ~ RESOLUTION NO. 40 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT REGARDING PROPOSED PARK IN SORRENTO EAST WHEREAS, the Owner SR Structured Lot Options I, LLC, a Delaware limited liability company has dedicated to the City of Dublin a 5.00-acre park site for a Neighborhood Park within Tract 7982; and WHEREAS, Conditions of Approval for Tract 7982 requires the Neighborhood Park street frontage improvements to be completed and the Neighborhood Park to be rough graded by the Developer prior to City acceptance; and WHEREAS, SR Structured Lot Options I wishes to use the dedication of the park site to satisfy the Neighborhood .Parkland component of the Public Facility Fee requirement for mapping the residential units within Sorrento East ; and WHEREAS, SR Structured Lot Options I has executed and filed with the City of Dublin an Agreement Regarding Proposed Park in Sorrento East to complete the Neighborhoad Park street frontage improvements and to rough grade the Neighborhood Park; and WHEREAS, said Agreement is to be secured by a bond in the amount of $602',000 for the street frontage improvements and for the rough grading, conditioned upon faithful performance of said Agreement, prior to the use of any Neighborhood Parkland credits; and WHEREAS, said Agreement is to be secured by a bond in the amount of $602,000 for the street frontage improvements and for the rough grading, conditioned upon payment for labor performed or materiaf furnished under the terms of said Agreement, prior to the use of any Neighborhood Parkland credits. NOW, THEREFORE, BE IT RESOLVED that said Agreement Regarding Proposed Park in Sorrento East, attached hereto as Exhibit A, is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement Regarding Proposed Park in Sorrento East. PASSED, APPROVED AND ADOPTED this 19th day of April, 2011, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: Norie ABSENT: None ABSTAIN: None _ ~ ~ EST ~ Ci y Clerk Reso No. 40-11, Adopted 4-19-11, Item 4.12 Page 1 of 1 Mayor . 1~ AGREEMENT REGARDING PROPOSED PARK IN SORRENTO EAST THIS AGREEMENT REGARDING PROPOSED PARK IN S RR, NTO EAST is made and entered in the City of Dublin on this ~ day of ~1 ; 2011, by and between the City of Dublin, a municipal corporation (hereafter City ) and SR Structured Lot Options I LLC, a Delaware limited liability company, (hereinafter "Owner"). City and Owner are, from. time-to-time, individually referred to in this Agreement as a"Party," and are collectively referred to as "Parties." ~ RECITALS A. Owner 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 7982, and cettain other surrounding property, collectively known as "Sorrento East", that Owner is developing with various residentia! uses. B. The Parties are in agreement regarding the site for a neighborhood park eontaining a minimum of 5.00 acres ("the Parksite"), which is Parcel 8 as shown on the Final Map for Tract 7982. The Parksite is shown on the site map attached hereto as Exhibit A, and the City is presently designing the Park improvements to be constructed on the Parksite: C. Section 8-7.1 of the Subdivision Ordinance 1-91, as adopted by the City, and City of Dublin Municipal Code 9.28.02Q, as amended by City Council Resolution 60-99, requires each subdivider of land for residential uses to dedicate or reserve lands, pay fees in lie.u thereof, or a combination of both, for park anci/or recreational purposes. D. Owner is presently grading or preparing to grade other portions of Sorrento East for development and desires to dispose of excess earth generated ~ from those grading operations on the Parksite. E. ~ 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 the additional fill would not interfere with the City's Park designs. F. In conjunction with the development surrounding the Parks.ite, Owner expects to construct or cause to be constructed certain public roadways bordering the Parksite as shown in the plans for the improvements of Tract 7982 Sorrento East prepared by MacKay and Somps, dated January 24, 2011 ("Improvement Plans"). ~ G. Since the Parksite is not yet ready for the City's acceptance of it, the Parties are entering into this Agreement to allow fo~ the immediate creation of pubiic facilities fee credits in accordance with Section 5.3.6.c of Amendment No. AGREEMENT FOR PARK W SORRENTO EAST ~ Page 1 -- ~ --' - --- --`- ---- -- --- . ~ _ EXH ! B IT ~Q ~ ~ __ - - -- -- _- , . _ ~~~ 1 to the Development Agreement between the City and Owner, recorded July 16, 2010 (the "Development Agreement Amendment") and Condition.13 of Planning Comr+mission Resolution No. 10-09. ~ H. Through this Agreement, the Parties desire to set forth their respective agreements with respect to the Parksite and the associated Pub}ic Facilities Fee Credits. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Owner agree as follows: AGREEMENT Section 1. Parkiand Dedications. , Concurrently with execution of this Agreement, Owner shall deliver to the City a deed that irrevacably dedicates the Parksite for the purpose of a Public Park ("Irrevocable Offer") in form and content substantialiy consistent with Exhibit D of this Agreement. The City shall accept this irrevocable offer of dedication within thir~y (30) days after the rough grading, including erosion control measures, and street frontage improvements for the Parksite have been completed in accordance with this Agreement. Section 2. Neighborhood Parkland Requirements; Public Facilities Fee Credits. Provided that City has received the fully executed Irrevocable Offer and the bonds required by Section 6, City shall provide Owner with public facilities fee credits for the neighborhood parkland dedicated by Owner pursuant to Section 1 and to be improved pursuant to Sections 3 and 4. Notwithstanding anything to the c~ntrary in Chapter 9.28 of the Dublin Municipal Code, Owner may use the credits to fulfill the neighborhood parkfand dedication requirements of Chapter 9.28 of Dublin Municipal Code within the City of Dubfin. Such credits shall be expressed in acres of parkland. All aspects of the credits, including fhe documentation required to create and transfer them, shaff be governed by the City's Public Facilities Fees Administrative Guidelines. Section 3. Grading and Preparation of the Parksite a. Rough Grading of Parksife. Owne~ agrees to rough grade the Parksite as set forth in fhe Rough Grading Plan, attached hereto as Exhibit 8(the "Rough Grading Plan"). The Owner agrees that the source of all imported Soil to the Parksite will be generated from the precise grading of the Sorrento East. Project (not to include any soil generated by grading individual iofs after initial pad is graded}. Rrior to the Owner's start of rough grading the Parksite, the City may revise the Rough Grading Pfan so long as the rough grading does not require any additional material to be imported or exported from the Parksite. The AGREEM~NT FOR PARK IN SORRENTO EAST Page 2 ~i . ~7 Owner agrees to rough grade the Parksite according to the revised Rough . Grading Plan. The Parks and Community Services Director and the Public Works Director may approve changes to the Rough Grading Plan proposed by Owner, which approval shall be in writing. . b. Erosion Contro( Measures. Owner 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. Owner'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#or the Owner to install the Erosion Control Measures. c. Completion of Grading. Owner 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; Owner shall deliver a Phase I Environmental Site Assessment meeting the then-current ASTM standards, along with evidence of compliance with any recommendations, as evidence to demonstrate that the Parksite 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 Owner of any insufficiencies for Owner to make reasonable corrections. Upon completion of the corrections, the City shall direct Owner to install the Erosion Control Measures. Upon installation of the Erosion Control Measures, Owner 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 Owner of the insufficiencies for Owner to make reasonable corrections. When the City is satisfied with regard to fhese items then the rough grading shall be deemed complete ("the Completion of Grading"). Should Owner dispute the riotice of insufficiencies and the Parties are unable to resolve the dispute as among themselves then the City and Owner agree to submit the disputs ~ regarding the alleged insufficiencies to arbitration. Section 4. Parksite Frontage Improvements. As shown in the improvement Plans, Owner will complete the Palmero Way and Lee i'hompson Street improvements fronting the Parksite and the 18- inch storm drain along the southern edge of the Parksite. Section 5. Schedule. In accordance with Condition 13, the Owner agrees to compfete the rough grading, erosion contr.ol rimeasures and, the street frontage.irimprovements for the Parksite, and provide the City with the Notice of Completion of Grading prior to November 15, 2012 ("the Completion Date"). The Parks and Community . 5enrices Director and the Public Works Director may approve an extension of #he Gampletion Qate beyond November 15, 2012; which approval shall be in wnting. AGREEMENT FoR PARK IN SORRENTO EAST Page 3 - . ~ i~ . ~ Section 6. Bonds Furnished. The estimated cost of the rough grading, Erosion Control Measures and fronting street improvements for the Parksite required by this Agreement is presented in the Bond Estimate for Rough Grading, Erosron Control and Street lmprovemenfs for fhe Parksrte in Sorrento East, dated February 22, 2011 _ prepared by MacKay & Somps and is agreed to be $602,000. As a prerequisite, to its receipf of the credits described in Section 2 of this Agreement; Owner shall furnish City with the following securities in a form satisfactory to the City Attorney: a. Faithful Pertormance. 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 reasona#~ly sufficient to assure City that rough.grading, Erosion Control Measures and ~ frontage improvements will be reasonably satisfactonly complefed; and 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 ari instrument of credit equivalent to one- hundred per cent (100%) of the estimate set forth above and reasonably sufficient to assure City that Owner 's cantractors, subcontractors, and other persons furnishing labor, materials, or equipment shali be paid therefore. Section 7: Terrnination. This Agreement shall terminate upon the Parties' reasonable satisfaction of all of the covenants herein:. Section 8. IVliscellaneous. a. lncorporation of Recitals and lntroductory 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. Severabilrty. 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 ful! force and effect unless amended or modified in writing by mutual consent of the Parties. Nofwithstanding 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 unenfarceable, either City or Owner may (in their sole and absolut~ discretion) terminate this Agreement by providing wriften nofice of such termination to the other Party. c. Assignability. Except as otherwise provided herein, Owners rights, ~ interests and obligations hereunder may not be assigned during the term of this Agreement unless Owner receives the prior.approvaLfrom the City, such AGREEMENT FOR PARK IN SORREN7o EAST Page 4 ~~~7 approval not to 6e unreasonabfy withheld, conditioned or delayed d. Construction. This Agreement has been reviewed and revised by legal counsei for both City and Owner, and no presumption or rule that ambiguities shall be construed against the drafting party shatl apply to the interpretation or enforcement of this Agreement. e. Ca/ifornia Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Califomia. ~ 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 a4torney fees); or (c) the party determined to be the prevailing party by a court of law. g. Hold Harmless. Owner shall hold City and its elected and appointed officers, agents, employees, and representatives, harmless from claims, costs, and liabilities for any personal injury, death, or property damage which is a result of operations performed under this Agreement by Owner or by _ Owner's contractors, subcontractors,.agents or employees, whether such operations were performed by Owner or any of Owner's contractors, subcontractors, agents or employees. Nothing in this Section shall be construed to mean that Owner 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.City, to: City of Dublin 100 Civic Plaza Dublin, California 94568 Fax No. (925) 833-6651 Attn: City Manager If to Owner, to: Jeff Dinkin Regent Properties 11900 San Vicente Boutevard, #200 . Los Angeles, CA 90049 AGREEMENT FOR PARK IN SORRENTO EAS7 Page 5 ~ i7 ~ and Patrick Costanzo c/o Regent Properties -~ , 11900 San Vicente Boulevard, #200. Los Angeles, CA 90049 A party may change its address by giving notice in writing to the ofher 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 overriight courier which shall be deer~ied 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 ful(, the final and exclusive understanding and agreement of the Parties and supersedes all negofiations or previoas - agreements of the Parties with respect to all or any part of the subject matter of - ff~is 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 Exhibit C Erosion Control Plan Exhibit D Form of Irrevocable Offer of Dedication k. Amendment and Modification; Extension. This Agreement cannot be amended ormodified exeept 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 Owner. , ~ m. Legal Authorify. Each individual executing this Agreement on behalf of ~wner hereby represents and warrants that he or she has full power AGREEMENT FOR PARI( IN SORRENTO EA5T Page 6 . g~ ~ 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 o# 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 materials or supplies, or damage to work in progress by reason of fire, flaods, earthquake, or other casualties, resfrictions imposed or mandated by governmental or quasi-governmental entities (inciuding, without limitation, new or supplementary environmental regulations or mo~atoriums), _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 PARK IN SORRENTO EAST Page 7 ti 9 ~7 , _ ~b IN WITNESS WHEREOF, t~ie parties have executed this Agreement as of the date first set forth above. - , ~ CITY OF DUBLIN: OWNER: SR Structured Lot Options I LLC, a Delaware limited liability company ~@f C~~~ Nlanac~e,- ~ . - By: Stark Offshore Management, LLC ATTEST: a Wisconsin limited iiabi{ity company ~ its Manager . City C1erk By: Approved as to Form: Name: John Bakker, City Attorney Its: ~`~L~Id~iz'r° V/~lil~~~' ~ >> 't'F4Cf 72.~3 ase~ a~'~ra~ ~, , ~~_ . .' 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' l S90D BN~Y ~ . . ,7~1~ ~1 ~ ~~ N~~ PqF?G~L NTtssoaµi~.~ b1 ,.~ J9 Rot345.00' ti'7Q5'20~ t ~ ''j.1.j ;I ~ /~ N•~~~6'3y~~ g J, R'~!S!p'4;~ . 4 risrorscwa ~ 1~~id . :~.~r ~ ~ ~ISD:)7'W~~9` ~:,~~J'_4d'(~" (c707,11: ""C 1`` . ,, .`~ , . Lal N1 09~~' ~ ~~5~ ~ ~v~ ~'~~~ ~. y . L..V~"'r7--~~ &VDY T ~ \ , ~06 ~'t :i . ~ --t~~~ -- ~, x.iu~.aa ~tif~7u ~ ' ~ ~~ ' ~ . L'$:Yrp ~ , ~:?B.i~Y 1d ' ' La:SA 70 . ' " l _(~. N / Tp„G ~ -~. ~~,~nl, p~ ~T_.2a~ ;a u_u~ ~e ~ ` ~c~ 7 ~3~c ~?~ * 3?i)~4Y! ~~ Y=N•~'~]2.OG tA N,:rr'N91,5i01'~~ 4t~/ ... :. ......... : ...~ y„ .. .' ^--_.u~ ~z rz'a wu>:re, z N,f ~ j ~ . .... ......,:. ~ -_ ~ _ .- -- . ........ ~ :~~~ ~~~cY '{=~ ~~ _ 1~ ,. . .... .:..... ~ I ~ . x3o:• ~ ~ ~ ~ m s x ~ z v ~ a ~ ,_ ~ ~ W 'D. d ~ 0 ^ ^ 9 ~ ~ ~ ~ D i ~ ~ I. ' . ~ ~ I ~ ~ I I ~ .~ I - . ENTARY SCHOOL ~ . . [EGFNO . PAftI(SITE-PHASE2GRADING ~ ~~ ~ . THE CONi0UR5IN lHE PARK ON THIS PL4N ~ . . REPRESENT THE FUTUR: PFIASE 2 GHAOING, ~ ' CDIVDITIONS.ADDff10NALEARiHWOR1(WILLB ~ REQUIREOTOACHIEYETHESECONTOURS ~' ~ AFiER BULK GRADING OPERATION. ' M . . ~ ~~~.mn s~~~~~~.!!! „„~ ~ ~ ~~a~« im°`a~ '~' n.^' CITY~O4F D~UBLIN . . °°~ ~. ~ cm~ai~ ~ EXHIBIT B 1939i-Ol ~ ,° . . ~u H .' 11 ~ ~ _ ~ Nnl muw ~~_ ~ ~_ ~ ~~~ u~e~C/~ P/JYl &TE - PNAGE 1 ORAONO BONROfTO EAST. dRLN MMM 1 _ Q - . . . ~_ -__-_--__- . __ . _ . . . . .'..'.. _______ __-._ _ '_"_ _ '... .... _ . ~ iaQViaN~O _p ~ iFe•. . ~ ~ . ' ~ u a mro ie K Im~ ~nq~ru r(~~ ~arp w~cpr.~qw ~wµ . B , ~,~~,~~ ~,~"~~~,~~ ~ M";~ ;-~; -- _~~ . wKmn . or~ .m m uww.i a w u . ~ ' i . a . n a mmecnw u M uo v . ~W'ro a..y~ GUN ,K „~ . . ~ vw ~~maam ~ r.u ~o'w mi " n~w . . ~ Y uua~ wa •~cww~m m w~~ m~nvu~m rm ~~m~ ~ .. ~ ro~ ~oac aronm a vr~al uw u.v w ' ~~ u'.a , s s w n° .. ~~¢s~ ,N~~,x[ou m~" aurc n~ar uu~s. , . m~a mi ' . . u ' So u rv ~ ux~ nur~m m un . x 8-0 s-w e~w ~ ..e.nu ~. . . n,d~~o. '"~ ro e~ o Q ROC% Rip-Rpp OUTFALL , . s .u .u. uavv uowr cuma ~~ .....w ti w ow . m~aimcro. orwm. a. ~.c o - .~. `L ~~ ~~via%u.w w~ nun ~. ~~ ~~ ;~"^^(\,~ ~^F\ .+.+. u . w . ~.J! ~`... - .o~i1^~ J ~~~W.7~'m .rr n .~ `o w urmn-wvewm m ~[ ~ ~~` ~_ . . x w ew `cn wm ~.w nam ro ec . owc .' um m~ ~• a.~ . I ~~~• r _~ .~.... - :.~ ~~.aa. .~~%~a~. °,~~, '° "°` ~ ~ L.~_- 1 O.~ Sa.u~~cw~+~cia~~ ~ s - ~,Y~~MNLB~LUT ~° w.i ~ w Ke r n I -__<. ,_.,_ J ~,~ ~ Y ~~__ -.~ ~~ __ ~ ~oaor iN~ ~ ~ u~ 1 ' Nf°7°r~°~ ~' ~~~ , ~ ~ ~ - - .~ a ~,^m. v ! V M 1TLE5 AIANG cjc ~, soen~uc ~ ~ m[ uw~mrs w M~ s»n .~~~ ~~~ . SEMUENt BASirv p4TA D ~ IM ~ ~ ~ ~ ~,~ M ~;~: b, ;; . 3 ~ i ~„~ o,.,~. ~ ~ I owccz«~or. e~.n... . ~o o .o~ ,o.~ w~. ~ , ~ ; - . ,.,~, mscKaY & somps n ~~~.. _.~...,,., Exhibit C~ _- - ~ ~ , Erosion Control Plan - i~~ ` ~ -~ ~ y ~~~ ~ ~ oe. ~ m tl~ ' ~j',,gNCENTRIC TRASH RACK ' r_ . r~.. ~ i v ~~ . u„ ,,. ~ , ~ ~ ~SEDIMENT HASIN f11/ cPl II WAYI ' CITY OF DUBLIN "° "°~ ~ ~ ~ 1439~-01 . ' BULK 3FAOINO %.AN - TRACT )pBY ~~ p EROSION CONTROL NOPES k UETA[LS G-11 a~~. - BORPHNTO EABT, OUBWI MMCH ~_\ Y ~ ~ Exhibit D _ Form of irrevocabie Offer of Dedication , . ~ r 17 ~~ - ~~ ~ 7 _ . ~ RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza ' Dubiin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use IRREVOCABLE OFFER TO DEDICATE (Sorrento East Neighborhood Park) This IRREVOCABLE OFFER TO DEDICATE is given pursuant to Government Code Section 7050 and the Agreement Regarding Proposed Park in Sorrento East dated March ~ , 2011. The undersigned, record owner of certain real property located in the City of Dublin ("City"), County of Alameda, hereby irrevocably offers to dedicate to City and its successors and assigns, in fee simple, the real property described in the legal description attached hereto as Exhibit A for public park purposes ("Park Property"). ~ The undersigned, for itself, its successors and assigns hereby waives any ciaims for any and a!I damages which will accrue to the remaining property of the undersigned by reason of its severance from that portion subject to this offer to _ dedicate. The undersigned acknowledges for itseif, its successors and assigns that it has been advised to seek the advice of counsel on the issue of waiver of severance damages and has either done so or chosen not to despite given such advice. -__ The undersigned is fully aware that: . 1. This offer is irrevocable upon its recordation in the office of the County Recorder, County of Alameda. . ~ 2. This offer may be accepted at any time by the City Council of City, or its designated representative. . 3. City assumes no liability with respect to the Park Property, or occurrences thereon; as a consequence of the offer set forth herein, unless and until it has formally accepted this offer. . , - . 15 r7. . ~ 4. This offer shali also be subject to a reservation by the undersigned to the right to construct and~maintain certain utilities, including storrn drain, sanitary sewer, water, joint trench or any other simiiar private utilities as depicted on Final Tract Map No. 7982 recorded in the official records of Alameda County on March 11, 2011, Series # 2011-79726, Map Book 309, Pages 38-43. 5.~ The undersigned represents and warrants that: a. To the best of its knowledge, without any duty to investigate, it owns the entire fee simple interest in the Property. b. As of the time that this offer is recorded, the Property is and wifl remain free and clear of any lien, encumbrance or other title impediment of any sort or nature, except for those to which City as expressly consented in writing; and . c. This offer is made on behalf of the undersigned, for itself, its heirs, successors and assigns, and is intended to be fully binding on such heirs, successors and assigns. la`~, IN WITNESS WHEREOF, the undersigned has executed this instrument this da of ~ ~ , 2Q11. OWNER: SR Structured Lot Options I LLC, a Delaware limited liability company ~ By: Stark Offshore Management, ~LC a Wisconsin limited liability company . its Manager . - , ~' By: ~ , Name: ,'~~sC,totr- ~¢ . -('~a .IJ i G(~ i ~ts: ,~~.~~~Yr~er.~f SiG~c~r' ~ ~ ~ : ~ . - . /~ ~ . ~~ ~ b i~ 1 Srr~ ~U C_c~.h )~ 0~.~'' ~ 13ed r e~~. ~ . ~x ~ ~ ~ STATE OP Wisconsin ~ ) COIJNTY OF Milwaukee _) On ri ~ ~~ , o~G J 1 ', before me, ~~~ (,jQ ~~{~ fi{~ ~~- Notary Public, personally appeared '~ 1~ i l~ ' _ - personall known to me ( ~ ~ ' e) to be the person(~whose name(~ is/ar.~subscribed to the within instrument and acknowledged to me that he/s~ek~~-executed the same in his/~i~ authorized capacity(~s}~.and that by his/t~er~~ signature(~ on the instrument the person(,a') or the entity upon behalf of which their person(~ acted, executed the instrument. WITNESS my hand and official seal~. - SONYA MAR7lNEZ Notary Pub4ic State of Wisconsm Signahue (Seal) My Commission Expires; Januarv 12.2014 " , } . . .. ~ _ . . ~ ". . ~ ~ . ~ . ~ ~ ~ . . - ~ / I J . , , . . .. ~ ' 1 / . . . . . ~ ~ . . ' ~ . . Exhibit A. Legal Descriptiori ~ - ~ Parcel 8 of Final Tract Map No. 7982 recorded in the official records of Alameda County an March 11~, 2011, Series # 2011-7972b, Map Book 309, Pages 38-43. 1623384.3 •