HomeMy WebLinkAbout4.05 Sorrento East Tr 7654or
19 82
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
July 17, 2012
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -60
SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of
Agreement for Long -Term Encroachment for Landscape Features, and
Acceptance of Parkland Dedication Credits for Tract 7654, Sorrento East -
Neighborhood 8 North
Prepared by Mark Lander, City Engineer
EXECUTIVE SUMMARY:
D.R. Horton Bay, Inc., a Delaware Corporation, is filing Final Map 7654 to subdivide Parcel 3 of
Tract 7982 into 62 lots. Tract 7654 is the northern portion of Neighborhood 8 in the Sorrento
East project and is bounded on the west by Grafton Street, the north by Palermo Way, and the
east by Lee Thompson Street. D.R. Horton Bay, Inc. will also be constructing certain public
improvements on Grafton Street that were required for Tract 7982.
FINANCIAL IMPACT:
D.R. Horton Bay, Inc., a Delaware Corporation, has provided Performance and Labor &
Materials Bonds to guarantee construction of the street, grading, utility improvements and
landscaping to be constructed with Tract 7654, and will pay the cost of construction inspection.
Once the improvements are accepted, the City will incur maintenance costs for City- maintained
improvements constructed with Tract 7654. The Homeowners' Association will be responsible
for maintaining the project landscape features within the public right -of -way.
Parkland dedication fee requirements are proposed to be satisfied with Community Park Land
and Neighborhood Park Land credits, established by previous park land dedications.
RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt the Resolution Approving Final Map and Tract
Improvement Agreement for Tract 7654, Sorrento East - Neighborhood 8 North; 2) Adopt the
Resolution Approving Agreement for Long -Term Encroachment for Landscape Features with
Tract 7654 and 3) Adopt the Resolution accepting Park Land Dedication Credits for Park Land
Dedication Requirements for Tract 7654.
Page 1 of 3 ITEM NO. 4.5
Submitted By
Public Works Director
DESCRIPTION:
Submitted By Reviewed By
Administrative Services Assistant City Manager
Director
The Planning Commission adopted Resolution 10 -09 on March 9, 2010 approving Vesting
Tentative Maps and Site Development Review for Sorrento East bounded by Grafton Street,
Gleason Drive, Lockhart Street and Central Parkway. Tract 7982 Final Map subdivided the
property into ten parcels and dedicated, for public use, Capoeira Way, Giovanni Way, Lee
Thompson Street, and Palermo Way. In lieu of a Tract Improvement Agreement with a
Performance Bond and a Labor and Materials Bond to guarantee construction of the
improvements for the Tract 7982 subdivision, SR Structured Lot Options I LLC, executed and
filed with the City a Covenant and Deed Restriction applicable to the Parcels created by the
Tract 7982 Final Map. The Covenant and Deed Restriction requires that certain subdivision
improvements be completed prior to the further subdivision of each parcel in accordance with
the Conditions of Approval for the Tentative Map and approved plans for Tract 7982.
D.R. Horton Bay, Inc., the buyer /developer for Parcel 3 of Tract 7982, includes certain
improvements on Grafton Street required by the Conditions of Approval for Tract 7982 with the
Tract Improvement Agreement for Tract 7654. These improvements, together with
improvements to be constructed by D.R. Horton Bay, Inc., with their Tract Improvement
Agreement for Tract 7654, satisfy the obligations under the Covenant and Deed Restriction for
Parcel 3 of Tract 7982.
D.R. Horton Bay, Inc. is filing Final Map 7654 to subdivide Parcel 3 of Tract 7982 into 62 lots,
dedicate the rights -of -way for Bramante Lane, and dedicate to the Public Service Easement,
Drainage Release Easement, and Emergency Vehicle Access Easement. Tract 7654 is the
northern portion of Neighborhood 8 which was approved as Tract 7654 in the Sorrento East
project (Attachment 1).
Tract 7654 Final Map has been reviewed and found to be in conformance with the Tentative
Map and Conditions of Approval for Tract 7654 adopted by Planning Commission Resolution
No. 10 -09 on March 9, 2010. The developer, D.R. Horton Bay, Inc., has submitted the signed
Tract Improvement Agreement, together with the required Performance and Labor & Materials
Bonds provided by Berkeley Regional Insurance Company in the amount of $307,100 for the
public Tract 7654 improvements (Bond No.0160522), and in the amount of $297,000 for the
private Tract 7654 improvements (Bond No. 0160523).
Staff has prepared a resolution approving the Final Map and Tract Improvement Agreement for
Tract 7654, Neighborhood 8 North, Sorrento East (Attachments 2 and 3),
It is now appropriate to remove the deed restriction from the property, since D.R. Horton Bay,
Inc. has executed an improvement agreement and posted bonds guaranteeing the construction
of the improvements required under the deed restriction. The Release of Covenant and Deed
Restriction, attached as Exhibit "B" to the Resolution Approving Final Map and Tract
Improvement Agreement for Tract 7654, Sorrento East - Neighborhood 8 North (Attachment 4),
will remove the deed restriction from the property.
Agreement for Long Term Encroachment for Landscape Features
Page 2 of 3
The Agreement for Long Term Encroachment for Landscape Features with Tract 7654 provides
for the Homeowners Association to maintain sidewalk, landscaping in the planter strips, and
pop -outs along the project frontage that is within the public rights -of -way (Attachments 5 and 6).
Parkland 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. D.R. Horton
Bay, Inc. has acquired Community Park Land credits and Neighborhood Park Land credits from
the previous owner, which will fully offset the Community Park Land dedication and
Neighborhood Park Land requirements. The following table shows how D.R. Horton Bay, Inc.
will satisfy the Park Land dedication requirements for Tract 7654:
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 D.R. Horton Bay, Inc. will achieve compliance (Attachment 7).
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 D.R. Horton Bay, Inc.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7654
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 7654, Sorrento East - Neighborhood 8 North
3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract
7654
4. Exhibit "B" to Resolution, Release of Covenant and Deed Restriction
with Respect to Parcel 3 of Tract 7892
5. Resolution Approving Agreement for Long -Term Encroachment for
Landscape Features with Tract 7654
6. Exhibit "A" to Resolution, Long -Term Encroachment Agreement
7. Resolution Accepting Park Land Dedication Credits for Park Land
Dedication Requirements for Tract 7654 (Sorrento East -
Neighborhood 8 North: D.R. Horton Bay, Inc.)
Page 3 of 3
Dedication
Requirement
Fees In Lieu
of Dedication
D.R. Horton Bay, Inc.
Compliance
Community Park Land
0.4340 acres
$ 394,072
Use of park acreage credits.
Neighborhood Park Land
0.1860 acres
$ 210,490
Use of park acreage credits.
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 D.R. Horton Bay, Inc. will achieve compliance (Attachment 7).
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 D.R. Horton Bay, Inc.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7654
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 7654, Sorrento East - Neighborhood 8 North
3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract
7654
4. Exhibit "B" to Resolution, Release of Covenant and Deed Restriction
with Respect to Parcel 3 of Tract 7892
5. Resolution Approving Agreement for Long -Term Encroachment for
Landscape Features with Tract 7654
6. Exhibit "A" to Resolution, Long -Term Encroachment Agreement
7. Resolution Accepting Park Land Dedication Credits for Park Land
Dedication Requirements for Tract 7654 (Sorrento East -
Neighborhood 8 North: D.R. Horton Bay, Inc.)
Page 3 of 3
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RESOLUTION NO. -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7654, SORRENTO EAST - NEIGHBORHOOD 8 NORTH
WHEREAS, the Final Map for Tract 7654, 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, D. R. Horton Bay, Inc., a Delaware Corporation, has
executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 7654 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
Berkley Regional Insurance Company in the amount of $307,100 for the public Tract 7654
improvements (Bond No. 0160522), and in the amount of $279,000 for the private Tract 7654
improvements (Bond No. 0160523), conditioned upon faithful performance of said Agreement;
and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the
Berkley Regional Insurance Company in the amount of $307,100 for the public Tract 7654
improvements (Bond No. 0160522), and in the amount of $297,000 for the private Tract 7654
improvements (Bond No. 0160523), conditioned upon payment for labor performed or material
furnished under the terms of said Agreement; and
WHEREAS, certain Covenant and Deed Restriction recorded in the Official Records of
Alameda County on March 3, 2011, as Instrument No. 2011 -79727 imposed certain obligations
on the Owner with respect to securing the completion of improvements specified for Parcel 3 of
Tract 7982; and
WHEREAS, with respect to Parcel 3 sufficient security has been provided to ensure that
the obligations with respect to said Parcel 3 will be satisfied;
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 the Release of Covenant and Deed Restriction with Respect to Parcel 3
of Tract 7982, attached hereto as Exhibit "B."
1
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 7654 be and the same is
hereby approved, and that rights to the areas marked as Bramante Lane, Public Service
Easement (PSE), Drainage Release Easement (DRE), and Emergency Access Easement
(EVAE) 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.
PASSED, APPROVED AND ADOPTED this 17th day of July, 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
GADEVELOPMENT, PRIVATE \Dublin Ranch \Sorrento - East \Tract 7654 - Neighborhood 8 -North \Tract 7654 \Reso FM 7654.doc
2
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 7654
This agreement is made and entered into this 17th day of July, 2012, by and between
the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and D.R.
Horton Bay, Inc., 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. 7654, desires to improve those
improvements (hereafter "The Improvements ") required by City of Dublin Planning
Commission Resolution No. 10 -09 adopted on March 9, 2010 for Tract 7654, and the Grafton
Street frontage improvements required for Tract 7982 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 7654, Sorrento East- Neighborhood 8 North, prepared by
MacKay & Somps, and signed by the City Engineer on May 9, 2012;
• Landscape Plans, Tract 7654, Sorrento East - Neighborhood 8 North, prepared by R3
Studios, and signed by the City Engineer on March 28, 2012;
• Joint Trench Composite & Electrolier Plans for Tract 7654, Sorrento East —
Neighborhood 8 North, prepared by RGA Design, LLC, and signed by the City
Engineer on May 30, 2012;
• Landscape Plans, Tract 7982, Sorrento East — Backbone Landscape Plans, prepared
by R3 Studios and signed by the City Engineer on January 13, 2012; 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 will commence construction of The Improvements within thirty (30) days
following the date of execution of this Agreement. DEVELOPER shall complete said work not
later than two years following said date. 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 7654, dated March 14, 2012, prepared by MacKay
& Somps, and are agreed to be as follows:
Tract 7654 - Public Improvements
Tract 7654 - Private Improvements
$ 307,100
$ 279,000
Said amount includes costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the following security in a form satisfactory to the CITY Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100 %) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one - hundred per cent (100 %) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefore.
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.
2
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.
RIT i li
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
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 or self -
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, either the insurer shall reduce or eliminate such deductibles or self - insured
3
retentions as respects the CITY, its officers, officials and employees; or the
DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General 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 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 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.
4
a) Acceptability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than AM 1.
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 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 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, or 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.
5
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, which consent shall be granted or withheld in the manner described in Section 17 of
the Development Agreement between the City of Dublin and Structured Lot Options 1, LLC for
Sorrento East at Dublin Ranch, dated August 7, 2007.
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 of the work, or any severable part thereof, or
fails to complete such work within the time specified herein, 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.
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
n
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:
Forward Planning
D.R. Horton
6630 Owens Drive
Pleasanton, CA 94588
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Berkley Regional Insurance Company
c/o Willis of Florida
3000 Bayport Drive, #300
Tampa, FL 33607
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.
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.
7
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. City shall release any and all security provided by DEVELOPER
in the manner described in Section 66499.7 of the Subdivision Map Act. The City will not
accept the Private Improvements and a warranty bond will not be needed for these
Improvements.
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.
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 Clerk
E
DEVELOPER
D.R. Horton Bay, Inc., a Delaware Corporation
Dean K. Mills
Assistant Vice President
1809813.1
10
Recording requested by and when
recorded mail to:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Clerk
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE W103,27383
Space above this line for Recorder's use.
RELEASE OF COVENANT AND DEED RESTRICTION
FOR PARCEL 3 OF TRACT 7982
WHEREAS, SR Structured Lot Options I, a Delaware limited liability company
( "the Owner "), caused to be recorded in the Official Records of Alameda County that
certain Covenant and Deed Restriction ( "the Covenant "), recorded on March 3, 2011,
as Instrument No. 2011 -79727 and affecting the real property delineated as Parcels 1,
2, 3, 4, 5, 6, 7, 8, 9 and 10 of Tract Map 7982 recorded in the Official Records of
Alameda County on March 3, 2011, as Instrument No. 2011 -79726 ( "the Tract Map ") in
order to secure completion of certain improvements required as conditions of the City of
Dublin's approval of the Tract Map; and
WHEREAS, said Covenant imposed certain obligations on the Owner with
respect to securing the completion of improvements specified for each of the ten
individual parcels created by the Tract Map; and
WHEREAS, Said Covenant provides that the City shall release the Covenant in
whole or in part as to one or more of the individual parcels upon the effectiveness of a
Tract Improvement Agreement and accompanying security relating to the parcels or to
any individual parcel; and
WHEREAS, with respect to said Parcel 3, the owner has entered into a Tract
Improvement Agreement and has provided sufficient security to ensure that it will satisfy
its obligations with respect to said Parcel 3; and
WHEREAS, Owner has requested, and City wishes to release the Covenant with
respect to Parcel 3.
NOW THEREFORE, the City hereby releases the Covenant with respect to said
Parcel 3, except as otherwise provided herein, or in any other Release of Covenant and
Deed Description submitted by the City and recorded in the Official Records of Alameda
County, all other provisions of the Covenant shall remain in full force and effect.
Dated:
By-
Its- City Clerk
CITY,
City of Dublin,
a municipal corporation
By: Joni Pattillo
Its: City Manager
ATTEST-
SIGNATURES MUST BE NOTARIZED.
GADEVELOPMENT, PRIVATE \Dublin Ranch \Sorrento - East \Tract 7654 - Neighborhood 8 -North \Tract 7654 \Release of Covenant and
Deed Restriction.doc
Notary Acknowledgement
[Insert Here]
1655763.1
RESOLUTION NO. -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS
FOR LANDSCAPE FEATURES WITH TRACT 7654
WHEREAS, a Vesting Tentative Map for Tract 7654 and Site Development Review for
Sorrento East was approved by Planning Commission Resolution 10 -09 on March 9th, 2010,
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 an Agreement
for Long Term Encroachment for Landscape Features with Tract 7654 attached hereto as
Exhibit "A," which will be recorded against the property concurrently with the Tract 7654 final
map;
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 17th day of July, 2012.
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
GADEVELOPMENT, PRIVATE \Dublin Ranch \Sorrento - East \Tract 7654 - Neighborhood 8 -North \Tract 7654 \Reso - LongTermEncrAgree.doc
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN TRACT 7654,
SORRENTO EAST - NEIGHBORHOOD 8 NORTH
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 7654 ( "Agreement ") is made between the City of Dublin ( "City ")
and D.R.Horton Bay, Inc., a Delaware Corporation ( "Owner ").
1. Property: The subject property is Tract 7654 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 7654, Sorrento East- Neighborhood 8
North, ( "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 and adjacent to Tract 7654; Bramante Lane, Palermo Way,
Lee Thompson Street, and Grafton Street (collectively, the "Landscape
Features "). Construction details for these Landscape Features are shown on the
Landscape Plans for Tract 7654, Sorrento East- Neighborhood 8 North prepared
by R3 Studios, approved by the City, Improvement Plans, Tract 7654, Sorrento
East — Neighborhood 8 North, prepared by MacKay & Somps, approved by the
City, and Improvement Plans, Tract 7982- Sorrento East, prepared by MacKay &
Somps, approved by the City. The locations of these Landscape Features are
attached hereto as 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
I
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 Features 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 7654 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
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
2
include D.R. Horton Bay, Inc., a Delaware Corporation and all successors and
assigns D.R. Horton Bay, Inc., a Delaware Corporation including but not limited
to the Tract 7654 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
parry 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: D.R. Horton Bay, Inc., a Delaware Corporation
Forward Planning
6630 Owens Drive
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.
Dated this day of 12012.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
City Manager
OWNER:
D.R. Horton Bay, Inc., a Delaware Corporation
Dean K. Mills
Assistant Vice President
1809811.1
m
SORRENTO
LEGEND
EAST
IMPROVEMENTS R/W
TO B MAINTAINED BY TRACTI 654
xJ
DUBLIN
NOTE:
R A N C H
SIDEWALKS AND DRIVEWAY APRONS
Dublin, California
IN BRAMANTE LANE R/W AND
SIDEWALKS IN PALERMO WAY,
GRAFTON STREET AND LEE
NEIGHBORHOOD
THOMPSON DRIVE PUBLIC R/W
PARK
ADJACENT TO THIS TRACT ARE TO BE
N 0 R T H
MAINTAINED BY TRACT 7654 HOA.
(N.T.S.)
k
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LEE THOMPSON STREET
TRACT 7652
VITTORIA LOOP
----- - - - - -- _...... ... ... ..._......
a. GRAFTON
.STREET
.. .....
_....._._ ..... __. _. ...._
", .;..1
,ATION CENTER
EXHIBIT "A"
LONG -TERM ENCROACHMENT AGREEMENT
SORRENTO EAST - TRACT 7654
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MACKAY&SOMPS
PROJECT NUNIBER: 19394 -08N
SCALE: N.T.S.
DATE ISSUED: 1- 21, 2012
RESOLUTION NO. — 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING PARK LAND DEDICATION CREDITS FOR
PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7654
(SORRENTO EAST - NEIGHBORHOOD 8 (NORTH): D.R. HORTON BAY, INC.)
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, D.R.Horton Bay, Inc., a Delaware Corporation, is filing
Tract 7654 Final Map for developing 62 residential lots; and
WHEREAS, the Park Land requirements for the project based on the requirements of
the Municipal Code and the designated land use for Tract 7654 are 1) Dedication of 0.4340
acres of Community Park Land or payment of $394,072.00 in Community Park Land In -Lieu
Fees„ and 2) Dedication of 0.1860 acres Neighborhood Park Land or payment of $210,490 in
Neighborhood Parkland In -Lieu Fees; and
WHEREAS, Developer has possession of credits for 0.4340 acres of Community Park
Land credits, which the Developer desires to have applied to fully satisfy the Community Park
Land obligation for Tract 7654; and
WHEREAS, Developer has possession of credits for 0.1860 acres of Neighborhood
Park Land credits, which the Developer desires to have applied to fully satisfy the
Neighborhood Park Land obligation for Tract 7654;
NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.4340 acres
Community Parkland Credits and 0.1860 acres of Neighborhood Park Land credits are
hereby accepted as performance of said subdivider's obligation under Subdivision
Requirements in Chapter 9.28 of the Dublin Municipal Code.
vote:
PASSED, APPROVED AND ADOPTED this 17th day of July, 2012, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor