HomeMy WebLinkAboutReso 124-12 Sorrento East Ngiehborhd 8 No RESOLUTION NO. 124 - 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.
Page 1 of 2
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: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hildenbrand
ABSTAIN: None Si 9
Mayor
ATTEST:
a,,„
City Clerk
Reso No. 124-12, Adopted 7-17-12, Item 4.5 Page 2 of 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:
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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 FURT ER RESOLVED that the Final Map of Tract 7654 be and the same is
hereby approved, an \that rights to the areas marked as Bramante Lane, Public Service
Easement (PSE), Drain-ge Release Easement (DRE), and Emerg- cy Access Easement
(EVAE) offered for dedic. ion to public use in conformity with the t- s of dedication be, and
they are hereby accepted, .ubject to improvement, and that the lerk of this City Council is
hereby directed to transmit sa . Map to the County Recorder fo ding.
PASSED, APPROVED AN ► ADOPTED this 17th d. of July, 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
•
Mayor .
• ATTEST:
City Clerk
G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-East\Tract 7654-Neighborhood 8-North\Tract 7654\Reso FM 7654.doc
•
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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 $ 307,100
* Tract 7654 - Private Improvements $ 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.
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3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, all insurance required under this paragraph
Prior to the commencement of work under this Agreement, DEVELOPER's general contractor
shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph DEVELOPER shall not allow any contractor or
subcontractor to commence work on this contract or subcontract until all insurance required
for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and
approved. Said insurance shall be maintained in full force and effect until the completion of
work under this Agreement and the final acceptance thereof by CITY. All requirements
herein provided shall appear either in the body of the insurance policies or as endorsements
and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General 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 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
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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. Otherinsurance 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.
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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 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:
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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 I, 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
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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
do 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.
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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.
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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
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DEVELOPER
D.R. Horton Bay, Inc., a Delaware Corporation
Dean K. Mills
Assistant Vice President
1809813.1
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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§§6103, 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.
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Notary Acknowledgement
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1655763.1