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4.2 Fallon Crossing Tr 7617
~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: TO: FROM: STAFF REPORT CITY COUNCIL CITY CLERK File #600-60 December 20, 2011 Honorable Mayor and City Councilmembers ~~ Joni Pattillo, City Manager ° ~' SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long-Term Encroachment for Landscape Features, and Acceptance of Park Land Dedication In-Lieu Credits for Tract 7617, Fallon Crossings (Standard Pacific Homes) Prepared by Mark Lander, City Engineer EXECUTIVE SUMMARY: Standard Pacific Homes is filing a Final Map for Tract 7617 (Fallon Crossings) to create 106 individual lots for the construction of homes. FINANCIAL IMPACT: The Developer will construct certain public streets and improvements and will pay the cost of construction inspection. The City requires that Performance and Labor & Materials bonds are posted to guarantee construction of the street, grading, utility improvements and landscaping. Purpose of Bond Bond Number Amount of Bond Tract 7617 On-Site Improvements 0156325 $1,285,855 Tract 7617 Grading Improvements 0156324 $1,003,420 Tract 7617 Off-Site Tassajara Road Improvements 0156326 $546,009 Once these improvements are accepted, the City will incur maintenance costs for City- maintained improvements within Tract 7617. Maintenance cost information will be provided at the time of improvement acceptance. The Homeowners' Association will be responsible for maintaining the project-related landscape features within the public right-of-way. Park Land dedication requirements are proposed to be satisfied with a combination of Community Park Land Credits held by the Developer and fees paid. Credits are being used to satisfy $1,078,020 in Community Park Land Fees due. Payment of fees in the amount of $576,004 will be used to satisfy the Neighborhood Park Land Fees due. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1) Adopt the Resolution Approving Final Map and Tract Improvement Agreement for Tract 7617, Fallon Crossings; 2) Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape Page 1 of 3 ITEM NO. 4.2 Features for Tract 7617, Fallon Crossings; and 3) Adopt the Resolution Accepting Park Land Dedication In-Lieu Credits and Payment of Fees for Park Land Dedication Requirements for Tract 7617, Fallon Crossings. ~. .~ ~...~ ~.~ Submitted By Director of Public Works DESCRIPTION: -, _~_ r~~". .... - `. Reviewed By Assistant City Manager Standard Pacific Homes is filing a Final Map for Tract 7617, Fallon Crossings, to create 106 individual lots (Attachment 1). The Final Map for Tract 7617 dedicates the rights-of-way for Tassajara Road, Syrah Drive, McCormick Court, Pinot Noir Court, and Corsica Court, as well as a public service easement, an emergency vehicle access easement, a public storm drain easement, and a public art easement The map dedicates two parcels (Parcels "A" and "H") as well as a storm drain easement and maintenance/ access easement to the Fallon Village Geologic Hazard Abatement District, and dedicates to the public a grading easement across the GHAD Parcel "H" for the potential future realignment of Moller Creek. The Final Map for Tract 7617 has been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 07-59 on November 13, 2007. The Developer has submitted an executed Tract Improvement Agreement, together with the required Performance and Labor & Material Bonds. The Agreement for Long Term Encroachment for Landscape Features for Tract 7617 provides for the Homeowners' Association to maintain project-related landscape features within the public rights-of-way, including planter strips, sidewalks, and street trees. Staff has prepared a resolution approving the Final Map and Tract Improvement Agreement for Tract 7617, Fallon Crossings (Attachments 2 and 3), and a resolution approving the Agreement for Long Term Encroachment for Landscape Features for Tract 7617, Fallon Crossings (Attachments 4 and 5). Park Land Dedication Requirements Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land or pay a fee in lieu of dedicating such land as a condition of final map approval. Standard Pacific Homes has acquired Community Park Land credits from another Developer, which will fully offset its Community Park Land dedication requirement. The following table shows how Standard Pacific Homes will satisfy the Park Land requirements for Tract 7617: Page 2 of 3 Dedication Fees In-Lieu of Standard Pacific Homes Requirement Dedication Compliance Community Park Land 1.1872 acres $1,078,020 Use of Credits Acquired Neighborhood Park Land 0.5088 acres $576,004 Payment of Fees in the Amount of $576,004 The calculation of the acreage required and/or in-lieu fees are determined in accordance with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the requirements and how Standard Pacific Homes will achieve compliance (Attachment 6). NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this report have been provided to Standard Pacific Homes. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7617 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 7617, Fallon Crossings 3. Exhibit "A" to Resolution, Tract Improvement Agreement 4. Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 7617, Fallon Crossings 5. Exhibit "A" to Resolution, Long Term Encroachment Agreement 6. 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I~ 4 1 '0 111 '^ l ~~ ~~ ~ 1~ ~. a ~ If{ u~ ~~ ~ a ~ ~ I `^ \ ~, ~ ~ ~~ ~ ~\ ~\ ~ ~ ~ a~ $ .. !YC Q~PWV M RLFE 3NP/R/U OYPLMl9NWNIMIL/~.MlieYll~[WIIDSIPP[iR'SJ e / // ~~`~ - .~. ~ ~ ~`9~~ ~ ~ "~\ \~ ~~ \ \ ~"'~~, ~ ~~ ~\, ~ ~~ ~, $ ~ ~ ~ ~~ ~ \ \ \ ~ ~\ ~ ti ~~ ~ \~ ` \ t~ a , `~ ~ ~: ~,~ .~ ~` ~ ~~~ / ~ t ~ ~~ / ~ .~ /~ ~~s ~ ~ ~~~~~~8~~~~~~ ~~ s~ ~~ ~ ~ ~~ a ~ ~ ~~ ~~ ~~~ ,ytpp~ ~+~ ~`x z ~ ~~ s ~h 1 1+ a ~~ ~s ,, y $CS a ~ r ~~ ~ ~~ ~ l~Y~ s ~ g d 8 $ _ $$ _ $~ "g$ $$ R $$ $ 'd$ 3t o ~33 ~ SFS 3S Tt8 u8 8~ ~~ ~, ~~ °a~ °u 'a$ ~ ~ ~~ Ts~ ws~` ~B~ ~ S~s~~s~~ ~~ ~~ ~ ~ ~~~~~ ~~ ~JN~~~ ~~ ~ ~ ~ ~~ ~ ~~r, ~ l ~ ~ ~ ~ ~~~ ~ ~~~ f .-. l ~ ~ ~ ~ ~~$ ~ E s ~~ s ~ s ~ ~~~~ ~ ~ ~ ff ~ ~ ~ oegM O ~ ~ ~ ~ ~~yy~ ~~ ~~ U ~ ~ i ~ ~~ 6 H ~ G4 ~~ ~ ~ K 4 1~ ~ ~~ ~ ~~ ~~ ~~~ ~ ~~ ~ ~r3~c3.~~~ ~~~ ~ 1' 4 ~~ ~ ~K~t~ p~ ~ W~~ ice' ~ ~ ~ ~ ~ Yr~~r~~ \ \\ ~ .~~~ ~~ ~ ~a~~ s~~x~~~~ ~ ~ ,~ f ~ `\ ~~~~ ~ r~~~rr~rrS ~. a , ~ ~ ~~s~a~g~~~~~ ~~~~ ~~~` \„ ~ ~ ~ ~ \ ~~\ ~~_~ ~o~ ~~ 4~~°~ ~ ` ~>; °\~ ~~ l ~\ ~a ~ ~ \~~ ~~ ~~ ~~~ ~, . ~~ ,~ ,, ~, , ~ ~ n . yy~ s ~~ ~~ d sz ~,~ _a ~~ ~~~$1 ~ w ~q '+~^ ~ ` ` ~ ~~~~~ AG OKM6Y Ip'sns~-7~WlBL/!t Wi4Y,K'4M1~tlldi'i11M[~l4Wkky1r4mo4b401~`ia RESOLUTION NO. - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7617, FALCON CROSSINGS WHEREAS, the Final Map for Tract 7617, 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, Standard Pacific Homes, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 7617 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 Berkeley Regional Insurance Company in the amount of $1,285,855 for the In-tract improvements (Bond No. 0156325), in the amount of $1,003,420 for Grading Improvements (Bond No.0156324), and $546,009 for Off-site Tassajara Road Improvements (Bond No. 0156326) conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Berkeley Regional Insurance Company in the amount of $1,285,855 for the In-tract improvements (Bond No. 0156325), in the amount of $1,003,420 for Grading Improvements (Bond No. 0156324), and $546,009 for Off-site Tassajara Road Improvements (Bond No. 0156326) 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 City Manager 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 7617 be and the same is hereby approved, and that rights to the areas marked as Tassajara Road, Syrah Drive, McCormick Court, Pinot Noir Court, and Corsica Court, Public Service Easement (PSE), Emergency Vehicle Access Easement (EVAE), Storm Drain Easement (SDE), Public Art Easement (PAE), and Grading Easement (GE) 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. 1 PASSED, APPROVED AND ADOPTED this 20th day of December, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\DEVELOPMENT, PRIVATE\FALLON CROSSING (Formerly Mission Peak)\Tract 7617 Final Map Staff ReportWttachment 2, Reso FM 7617.doc 2 CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 7617 This agreement is made and entered into this _ day of , 2011, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Standard Pacific Corp., a Delaware Corporation hereinafter referred to as "DEVELOPER". RECITALS WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that DEVELOPER, the subdivider of Tract No. 7617, desires to improve those improvements (hereafter "The Improvements") required by City of Dublin Planning Commission Resolution No. 07-59 adopted on November 13, 2007 for Tract 7617 in accordance with the requirements and conditions set forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plans for said development entitled: • Improvement Plans, Tract 7617, Fallon Crossing (25 Sheets, Sheets 1-25), prepared by Ruggeri-Jensen-Azar and signed by the City Engineer on March 31, 2011. • Improvement Plans, Tassajara Road Widening (8 Sheets, Sheets 1-8), prepared by Ruggeri- Jensen-Azar and signed by the City Engineer on August 12, 2011; • Joint Trench Composite & Street Lighting Plans for Fallon Crossing Tract 7617 (12 Sheets, Sheets JT1-JT7 and SL1-SL5), prepared by Giacalone Utility Design and Planning and approved by the City Engineer on April 13, 2011. • Fallon Road at Tassajara Road Traffic Signal Modification (5 Sheets, Sheets TS-1 thru TS-5), prepared by TJKM Transportation Consultants and signed by the City Engineer on April 22, 2011 • Grading Plans, Tract 7617, Fa/Ion Crossings (14 Sheets, Sheets 1-11, S1-S2, and Remedial Grading Plan), prepared by Ruggeri-Jensen-Azar and Berlogar Technical Consultants, and signed by the City Engineer on March 31, 2011. • Fallon Crossing Landscape Plans (21 Sheets, Sheets 1-21), prepared by Ralph J. Alexander & Associates and signed by the City Engineer on December 7, 2011, and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, CITY has determined that the portion of The Improvements that will be accepted by the City as Public 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 shall complete said work not later than two years following said date of execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final Record Drawings of The Improvements, including any modifications made during construction. 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement are presented in the Bond Estimates for Tract 7617 for in-tract improvements and grading dated October 6,2011 and the Bond Estimates for Tract 7617 for Tassajara Road Widening dated January 14, 2011 prepared by Ruggeri-Jensen-Azar and are agreed to be as follows: • Tract 7617 Improvements (Streets, Joint Trench Street-lighting, Traffic Signal, and Landscaping) $1,285,855 • Tract 7617 Grading Improvements $1,003,420 • Tract 7617 Off-site Tassajara Road Improvements $ 546,009 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said amount reflects that the Tract 7617 improvements are currently 75% complete (bond is for 25% of full amount) and the Off-site Tassajara Road Improvements are 0% complete (bond is for 100% of full amount). The bond estimates are attached as Exhibits A-C. 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: 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 (collectively, the "Faithful Performance Bond"). 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 therefore (collectively, the "Labor and Materials Bond"). CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with 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 (if different than Developer) 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 2 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 Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and 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 orself-insured retentions must be declared to and approved by the CITY. DEVELOPER hereby declares that the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self- insured retention for Bodily Injury and Property Damage Liability, (ii) a $2,000,000 per occurrence self-insured retention for third party action over actions and (iii) a $7,500,000 per occurrence self-insured retention for Home Builder's Limited Warranty Coverage, Construction Damage Liability Coverage and Fungi and Related Medical Payments ("GL SIR's"). The CITY hereby approves the GL SIR's. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. 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 3 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 orself-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 Coverage. 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 Coverages. 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. Notwithstanding the foregoing, if an endorsement that would provide for thirty (30) days' prior written notice prior to one or more of the above actions is not commercially available, DEVELOPER shall be excused from providing an endorsement covering said action or actions, provided that in such circumstances, DEVELOPER shall give written notice to the CITY as soon as is practicable if DEVELOPER learns that its coverage has been suspended, voided, cancelled by either party or reduced in coverage or in limits. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coverage. 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 certify 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 provided; however, that if the policies are not yet available, the City will accept copies of the applicable binders. 4 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 workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be 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. Agreement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY. 5 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 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, and DEVELOPER shall have fifteen (15) days after receipt of such written notice to cure such default; provided that, if such cure cannot be reasonably effected within such fifteen (15) day period, such failure shall not be a default hereunder so long as DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter diligently prosecutes such cure to completion. 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 therefore. 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: Standard Pacific Homes Attn: Stephen D. Melander, Authorized Representative 3825 Hopyard Road, Suite 275 Pleasanton, CA 94588 Notices required to be given surety of DEVELOPER shall be addressed as follows: AON Risk Insurance Services West, Inc. CA License No. 0363334 1901 Main Street, Street 300 Irvine, CA 92614 Attn: Lisa Crail 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 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 The Improvements 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 Improvements without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements that are within the Public right-of-way or Public easements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private Improvements and a warranty bond will not be needed for these Improvements; provided however, the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or his designated agents of their completion and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. 11. Patent and Copyright 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. 7 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 adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. 4) Litigation 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. CITY OF DUBLIN By: City Manager ATTEST: City erk DEVELOP Standard ., a elaw e C rp tion By: j Stephen D. Melander Authorized Representative 1736959.1 G:IDEVELOPMENT, PRIVATE1Dublin RanchlSorrento-EastlTract 7652-Neighborhood 61Tract 7652 improvement agmt .tloc 9 PRELIMINARY ENGINEER S OPINION OF PROBABLE CONSTRUCTION COSTS FALCON CROSSING Revised October 6, 2011 DUBLIN, CALtFORNIA January 14, 2011 (Bond Estimate) April 22, 2010 October 15, 2008 Job Na. 031006 SUMMARY [. ON-SITE IMPROVEMENTS $79,500 A. GRADINGISITE WORK $785,489 B. ASPHALT PAVING $598,385 C. CONCRETE $1,440,425 b. STORM DRAIN $1,113,550 E. MISCELLANEOUS SUBTOTAL = $4,017,349 15%CONSTRUCTIONCONTINGENCY = $602,600 TOTAL ESTIMATED ON•SITE CONSTRUCTION COST = $4,619,949 II TASSAJARA ROAD OFF-SITE IMPROVElVIENTS $3,700 A. GRADINGISITE WORK $102,780 B. ASPHALT PAVING $20 490 C. CONCRETE $38,920 D. STORM DRAIN $289,300 E. MISCELLANEOUS SUBTOTAL = $455,190 15°!° GONSTRUCTION CONTINGENCY = $68,280 TOTAL BOND ESTIMATE _ $523,470 GRAND TOTAL {ITEMS ! & !!} = $5,'[43,419 TOTAL BOND AMOUNT (see note 7} _ $1,285,855 Notes: 1. All cost figures are given as estimates only. Actual cost will be dependent on the cost figures at bidding time; the general market situation, contractor`s work load, seasonal factor, labor and cost, etc. This engineering firm cannot be responsible far fluctuations in cost factors. 2. This engineer's opinion is based on Tract 7617 -Fallon Crossing Improvement Plans, prepared by RJA, dated January 14, 2011. 3. This engineer's opinion does not include any agency fees. 4. This engineer's opinion does not include any costs associated with irrigation, or pavers in terraces, or fencing. 5. This engineer's opinion does not include join trench. 6. This estimate does not include costs far water or sewer improvements which fall under Dublin San Ramon Services District jurisdiction. 7. Improvements are ongoing and are at different. stages o€ completion. Therefore, the Said amount reflects that the Tract 7617 improvements are currently 75% complete (bond is far 25°l0 of full amounf). EXHIBIT GK6minV04s-°31°31°06~FStimel°55$WidlFapon CfoSSif~q 6°II°E51_REV.ziS Page 1 of 3 To the Agreement PRELIMINARY.ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS FALCON CROSSING Revised October 6, 2011 DUBLIN, CALIFORNIA January 14, 2011 (Bond iEsiimafe) April 22, 2010 October 15, 2008 Job No. 031006 ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT I. ON-SITE IMPROVEMENTS A. GRADINGJSITE WORK 106 EA $750 00 $79,500 1. Pad Fine Grading . SUBTOTAL = $79,500 B. ASPHALT PAVING 1. Fine Grading {PL #o PL & Common Driveways} 194,730 SF $0.35 $68,160 2. AC Paving (Assume 3" AC/11" AB} 139,740 SF $4.25 $593,900 3. AC Paving {Assume 3" ACI8" AB} {At Common Dwys} 4,210 SF $3.50 $14,735 4. 15" Class 2 Aggrega#e Base {Maintenance Roads) 25,575 SF $4.25 $108,694 SUBTOTAL = $785,489 C. COtJCRETE 1 6" Curb & Gutter 7,860 LF $13.00 $102,180 . 2 6" Vertical Curb 60 LF $13.00 $780 . 3. 4" Rolled Gurb & Gutter 525 LF $13.00 $6,825 4 S 412" Median Curb 320 LF $25.00 $8,060 . 5. Flush Curb {1" raised median} 125 LF $8.00 $1,000 6. Driveway Cuts 107 EA $750.00 $80'250 7. Curb Ramps (Handicap Ramps} 9 EA $1,500.00 $13,500 8 Sidewalk 48,770 SF $5.00 $243,850 . 9. Pedestrian Trails 16,250 SF $5.00 $81,250 10 Concrete V-Ditch 1,630 LF $25.00 $40,750 . 11. Staircase {at Parcel D) 1 L5 $20,000.00 $20,000 SUBTOTAL = $59$,385 D. STORM DRAIN 1 18" RCP 6,480 LF $40.00 $259,200 . 2 24" RCP 265 LF $55.00 $14,575 . 3 Manhole 8 EA $3,500.00 $28,000 . 4. Storm Water Inlet (Type A} 41 EA $2,500.00 $102,500 5. Drainage Inlet (Field Inle#} 31 EA $2,000.00 $62,OOD 6. Area Drains (Assumed 7 per lot} 742 EA $200.DD $148,400 7. 6" PVC (Lot Area Drain System} 21,235 LF $12.00 $254,820 8. Wa#er Quality /Detention Pond Allocation 1 LS $300,000.00 $300,000 9 Curb Subdrain 8,385 LF $12.00 $100,620 . 10 Thru Curb Drains 530 LF $12.00 $6,36D . 11 Outfall Structure 1 EA $25,000.00 $25,000 . 12. Headwall 4 EA $7,500.00 $30,000 13. Rip-Rap 2,720 SF $30.00 $81,600 14 Risers 3 EA $3,500.00 $10,5D0 . 75 Madel TRC3 Triton Filter 2 EA $425.00 $850 . 16. Trash Net 2 EA $8,000.00 $16,000 SUBTOTAL = 4,440,423 E. MISCELLANEOUS 1 L5 000.00 $30 $30,000 1. Signing & Striping , 2 Street Monuments 27 EA $400.00 $10,800 . 3. Parks (parcels B, D, E, F, G} 4.0 AC $200,000.00 $8D0,000 4 Landscaping 4,904 SF $5.00 $24,500 . 5. 5aundwafls 4,450 SF $35.00 $155,750 6. Street Ligh#s 37 EA $2,500.00 $92,500 SUBTOTAL = $1,113,550 G:l4tlmin1JOb5-g31g350W`ESlimatesl8orWlFatbn Crossing Said ES!_REV.x7s Page 2 of 3 PRELIMINARYENGfNEER SOPINION OFPROBABLE GONSTRUC770N COSTS 1=ALLON GROSSING Revised October 6, 2011 DUBLIN, CALIF'ORNtA January 14, 20#1 (Band Estimate) April 22, 2010 October 15, 2008 Job No. 031006 ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT II TASSAJARA ROAD OFF-SITE IMPROVEMENTS A. GRAD#NGlSITE WORK 1. Fine Grading {RW #o Conform) 10,585 SF $0.35 $3,700 SUBTOTAL = $3,700 B. ASPFtAt_T PAVING 1. Remove and Replace Pavement (5" AC/9" AB/14" ASB) 9,700 SF $10.00 $97,000 2. Grind 1"Overlay Existing Pavement 2;890 SF $2.00 $5'780 SUBTOTAL = $102,780 C. CONCRETE 1. Sidewalk 2. 6"Curb & Gutter 2,700 SF $6.00 $16,200 330 LF $13.00 $4,290 SUBTOTAL = $20,490 D. STORM DRAIN 1 Curb Subdrain 360 LF $12.00 $4.320 . 2 Storm Waterlnlet 2 EA $3,500.00 $7,000 . 3 Manhole 2 EP, $2,500.00 $5,000 . 4. 18" RCP {Storm Drain) 440 LF $40.00 $17,600 5. Connec#ion #o Existing Box Culvert 1 EA $S,000AO $5,000 SUBTOTAL = 38,920 E. MISCELLANEOUS 1 700 LF $5.00 $8,500 1. Savucut Existing Paving , 2 160 SF $5.00 $10,800 2. 3. Landscaping Signing & Striping , 1 LS $20,000.00 $20,000 4. Traffic Signal 1 LS $200,000.00 $200,000 5 Traffic Control 1 LS $50,000.00 $50,000 . SUBTOTAL = $289,300 GWUminVObSa3~o37006VEStimales~Bald~Fallon aossiiy~ Bond Est_REV.xIS Page 3 of 3 PRELtM/NARY ESTIMATE OF PROBABLE COST TRACT 7817' -FALCON CROSSING DUBLIN, CALIFORNJA (Grading Bond Esfimate) Revised October 6, 2011 January 14, 2011 April 22, 2010 ©ctober 15, 2008 JOB # 0310061P Page 1 of 1 ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE AMOUNT A. MASS GRADING #Entire Site} 1. Clear & grub LS 1 $40,000.00 $40,000 2. Rough grading GY 202,800 $3.00 $608,400 3. Erosion Gontrol LS 1 $300,OOOAO $300,000 Subtotal $948,400 B. MISCELLANEOUS 000 $20.00 LF 9 $180,000 1. Keyway Subdrain , 2. Retaining Wall {Lots) SF 52,930 $30.00 $1,587,900 3. Retaining Wall (parks} SF 18,650 $50.00 $932,500 Subtotal $2,700,400 SUBTOTAL CONSTRUCTION COST ESTIMATE M $3,648,800 10% Contingency = $364,880 TOTAL AMOUNT = $4,013,680 TOTAL BOND AMOUNT {see note 4) = $1,003,420 Notes: 1. All cost figures are given as estimates only. Actual cost will be dependent on the cost €igures at bidding time; the general market situation, contractor's workload, seasonal factor, Tabor and material cost, etc. This engineering firm cannot be responsible for #luctuations in cost factors. 2. This bond estimate is based on Grading Plans, Tract 7617 -Fallon Grossing, prepared by Ruggeri-Jensen- Azar & Assac'sates, dated January 14, 2011. 3. This estimate does not include Engineering #ees and Public Agencies` fees. 4. Improvements are ongoing and are at different stages of completion. Therefore, the Said amount reflects that the Tract 7617 improvements are currently 75°!° complete (bond is €or 25°l0 of #ull amount}. G:4ldnimUobs•03U13lUtWV:stimetcslDond+GRADING•DOND_RL•Y.~ts EXHIBIT ~ To the Agreement ENGINE,ER'S OPINION OF PROBABLE CONS7RUCT10N COSTS TASSAJARA ROAD W-DENlNO Revised January 14, 2011 DUBLIN, CAL!!"ORNiA April 22, 2010 (North Dublin Ranch Drive to Shartour Hili Drive) October 15, 2008 Job Na. 031006TR ITEM DESCRIPTION QUANTITY UNIT PRIGE AMOUNT A. GRAD[NG/SITE WORK 1. Mobilization 2. Clear & Grub B. ROADWAY IMPROVEMENTS 1. 2"Grind & Overlay 2. AC Paving (5.5" AC /10" AB / 12" AS8) 3. AC Paving (5.5" AC 110" AB} 4. Signing & Striping 5. Remove Striping (Grind) C. STORM DRAIN 1. Remove Existing Field Inlet 2. Model TRC3 Triton Filter D. WATER 1. Adjust Existing Water Valve to Grade E. MISCELLANEOUS 1. Traffic Control '# LS $10,000.00 $10,000 1 LS $2,000.00 $2,040 SUBTOTAL = $12,000 25,720 SF $6.00 $154,320 23,975 SF $10.00 $239,750 7,335 SF $425 $31,170 1 L5 $10,000.00 $10,000 1 LS $10,000.00 $10,000 SUBTOTAL = $445,240 2 EA $1,000.00 $2,000 6 EA $425.00 $2,550 SUBTOTAL = $4,550 3 EA $1,000.00 $3,000 SUBTOTAL = $3,000 1 LS $10,000.00 $10,000 SUBTOTAL ~ $90,000 TOTAL CONSTRtICT10N COST = $474,790 15% CONTINGENCY = $71,219 GRAND TOTAL = $546,009 NOteS: 1. All cost figures are given as estimates only. Actual cost will be dependen# on the cost #igures at bidding time; the general market situation, contractor's work load, seasonal factor, labor and cost, etc. This engineering firm cannot be responsible for fluctuations in cost factors. 2. This opinion does not include any agency fees. 3. This opinion is based on the Tassajara Road Widening Improvement Plans prepared by Ruggeri-Jensen-Azar & Associates, dated January 14, 2011. G:tAdnrinltobs-°3\0330°6~EslimatestBOndtFassa}ara_fioad_Wideniix~_EStxls Wage 1 EX H I B' T To the Agreement RESOLUTION NO. - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 7617, FALCON CROSSINGS WHEREAS, a Vesting Tentative Map for Tract 7617 for Fallon Crossings was approved by Planning Commission Resolution No. 07-59 on November 13, 2007, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer 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 7617, Fallon Crossings NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager 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 20th day of December, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk Recording Requested By: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 7617, FALCON CROSSINGS THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 7617 ("Agreement") is made between the City of Dublin ("City") and Standard Pacific Corporation, a Delaware Corporation ("Owner"). 1. Pro e The subject property is Tract 7617 as filed in Book of Maps at Pages , in the Official Records of the County of Alameda, State of California. 2. Developer: Owner is the owner of Tract 7617, Fallon Crossings, ("Project"). 3. Landscape Features: Owner, as part of the Project, anticipates the construction of Project related landscape features within the City's rights of ways on the following streets in Tract 7617; Syrah Drive, Corsica Court, Pinot Noir Court, McCormick Court, and Tassajara Road (collectively, the "Landscape Features"). Construction details for these Landscape Features are shown on the Landscape Plans for Tract 7617, Fallon Crossings prepared by Ralph Alexander and Associates and approved by the City. The scope of the improvements covered under the agreement is shown on the attached Exhibit A. 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. 6. Operations and Maintenance: Owners shall maintain and repair all the Landscape improvements, including all frontage and island landscape plantings, irrigation, and sidewalks 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. Owner will be responsible at its sole cost to replace or repair any Landscape Feature 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. 7. Removal or Relocation: If future improvements proposed by the City conflict with any of the Landscape Features, the City may remove or reasonably relocate the Landscape Feature at its sole cost. If any of the Landscape Features are 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 ($1,000,000) covering the Landscape Features improvements and shall name the City as an additional 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 of the 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, and 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 Tract 76172 or to a successor in interest of Owners with respect to all or a portion of the 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 written approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide on any assignment within ten (10) days after Owner's notice 2 thereof, provided all necessary documents and other information are provided to the City Manager to enable the City Manager to assess the assignment. 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 the "Owner" in this Agreement shall be deemed to refer to and include Standard Pacific Corporation, a Delaware Corporation and all successors and assigns Standard Pacific Corporation, a Delaware Corporation including but not limited to the Tract 7617 Home 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 Owner: Standard Pacific Homes Attn: Stephen D. Melander, Authorized Representative 3825 Hopyard Road, Suite 275 Pleasanton, CA 94588 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. 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. 4 Dated this day of , 2011. CITY: THE CITY OF DUBLIN, a municipal corporation Name: Title: -rporation G.• (DEVELOPMENT, PRIVATE( F'ALLON CROSSING (Formerly Mission Peak) (Long Term Encroachment Agree Traci 7617. doc 5 Stephen D. Melander Authorized Representative \ > ~b 3mog4C a~ ~ :m - m_ 3~ / bOO x r~ o 3 ~ i 7 1 b ~ m 90 ` ` oVOtl VtlV[VBB'~ z A~ _- &~ - ~+.~iNd o _ ~ ' ~ `\ o a s oa`jO~ ~ ~ ~--- `~\ 6~ 8~ ' ~_ ~ J a fax fL __ .~, ` _ ( y J 0 ' gJJ \~ _ ~ ~ ~ r _ ~ '~ J p ' l\ n z tl ,~ k Y ~ ~ d X\!J / 8 }~ r~+ 0 u D m ~~ ~ , ' tl k tl k JJ fl J ; q C J X Z ~ ~ X ~ -i X y~ JJ S TT ~j \ Y r ~ 11, E r & D J. 'L X X t 3 V 6 J Y o ~`' ~ m ~ ~ ,` ,J y t ~ v ~ d E J /~ ~ ~ D = X X ~r = y ~ CG s ~ ~ - s r = ~ 4 X d i~ -s ~ _ '~~ s t a n Z Z D e s ~O ~ a z ~ s ~~' s s D T1 e Ir ~ ~ • p S ~ O ^^ S B X P ''n^ YI ~~mnn R H Z ~ 6 4 L) ~ ~Z g ° ~ n I P ~ €> z G1 ~ Lrmi ~ omQ m a~9~ ~ $ o =mom 2 rLl ~~`z ~'~ ~ ~ya~ a _ CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ~~ ~~~ On ~~`~1Y1~','( ~; ~a)~ ( before me, personally appeared (Here of the who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY l.lnder the laws of the State of California that the foregoing paragraph is true and correct. SYDNyE~MURRAY~ M~ ET~ my hand and official seal. Commission ~ (837702 Notary Public -California i Alameda County M Comm. fx fires Feb 2t, 2013 ~ P lic (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ^ Individual (s) ^ Corporate Officer (Title} ^ Partner(s) ^ Attorney-in-Fact ^ Trustee(s) ^ Other 7t1l1R Vor~:~.. r'+~ne • INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that documeru. The only exception is if a document is to be recorded outside of California. In such instances, airy alternative acknrnatedgnrent verbiage as Wray be printed on such a document so long os the verbiage does not require the notary to do something that is illegal for a notary in California (i.e, cert~ing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or"her name as it appears within his or her commission followed by a comma and then your pile (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. !telshe/t#rey;- islaFe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be cleaz and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment fore, • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a difrerent document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document • •-•-~•~• ~~~-~~~-~o~., www.rvuraryuasses.com RESOLUTION NO. - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARK LAND DEDICATION IN-LIEU FEES AND CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7617, FALCON CROSSINGS WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider of land 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, Standard Pacific Homes, is filing Tract 7617 Final Map for developing 106 residential dwelling units constructed on 106 lots. WHEREAS, the Park Land requirements for the project based on the requirements of the Municipal Code and the designated land use for Tract 7617 are 1) Dedication of 1.1872 acres of Community Park Land or payment of $1,078,020 in Community Park Land In-Lieu Fees, and 2) Dedication of 0.5088 acres Neighborhood Park Land or payment of $576,004 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer has possession of credits for 1.1872 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 7617; and WHEREAS, Developer will satisfy the Neighborhood Park Land Dedication requirement through the payment of In-Lieu Park Dedication Fees in the amount of $576,004 to fully satisfy the Neighborhood Park Land obligation for Tract 7617; and WHEREAS, Standard Pacific Homes has deposited with the City of Dublin $576,004 which is the amount required to satisfy the obligation for Neighborhood Park Land In-Lieu Fees for Tract 7617, and NOW, THEREFORE, BE IT RESOLVED that the aforesaid the application of 1.1872 acres Community Park Land Credits and the payment of $576,004 Neighborhood Park In- Lieu fees are hereby accepted as performance of said subdivider's obligation under Subdivision Requirements in Chapter 9.28 of the Dublin Municipal Code. PASSED, APPROVED AND ADOPTED this 20th day of December, 2011, by the following vote: AYES: NOES: 1 ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOPMENT, PRIVATE\FALLON CROSSING (Formerly Mission Peak)\Tract 7617 Final Map Staff ReportWttachment 6, Reso_parkland dedicationTr 7617.doc RESOLUTION NO. - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARK LAND DEDICATION IN-LIEU FEES AND CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7617, FALCON CROSSINGS WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider of land 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, Standard Pacific Homes, is filing Tract 7617 Final Map for developing 106 residential dwelling units constructed on 106 lots. WHEREAS, the Park Land requirements for the project based on the requirements of the Municipal Code and the designated land use for Tract 7617 are 1) Dedication of 1.1872 acres of Community Park Land or payment of $1,078,020 in Community Park Land In-Lieu Fees, and 2) Dedication of 0.5088 acres Neighborhood Park Land or payment of $576,004 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer has possession of credits for 1.1872 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 7617; and WHEREAS, Developer will satisfy the Neighborhood Park Land Dedication requirement through the payment of In-Lieu Park Dedication Fees in the amount of $576,004 to fully satisfy the Neighborhood Park Land obligation for Tract 7617; and WHEREAS, Standard Pacific Homes has deposited with the City of Dublin $576,004 which is the amount required to satisfy the obligation for Neighborhood Park Land In-Lieu Fees for Tract 7617, and NOW, THEREFORE, BE IT RESOLVED that the aforesaid the application of 1.1872 acres Community Park Land Credits and the payment of $576,004 Neighborhood Park In- Lieu fees are hereby accepted as performance of said subdivider's obligation under Subdivision Requirements in Chapter 9.28 of the Dublin Municipal Code. PASSED, APPROVED AND ADOPTED this 20th day of December, 2011, by the following vote: AYES: NOES: 1 ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOPMENT, PRIVATE\FALLON CROSSING (Formerly Mission Peak)\Tract 7617 Final Map Staff ReportWttachment 6, Reso_parkland dedicationTr 7617.doc