HomeMy WebLinkAbout4.03 Positano Tr 8105or
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
September 4, 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 8105, Positano
Neighborhood D -4
Prepared by Mark Lander, City Engineer
EXECUTIVE SUMMARY:
Braddock and Logan Services, Inc., dba Dublin RE Investors, LLC, is filing a Final Map for Tract
8105 (Neighborhood "D -4 ") to create 98 individual lots for the construction of homes.
FINANCIAL IMPACT:
Park Land dedication requirements are proposed to be satisfied with a combination of Park
Land Credits and Fees paid. Community Park Land fees of $1,076,432 were paid by the
Developer, and credits are being used to satisfy the Neighborhood Park Land Fees of $564,480.
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 be
posted to guarantee construction of the street, grading, utility improvements and landscaping.
Purpose of Bond
Bond Number
Amount of Bond
Tract Improvements
724677S
$2,313,370
Once these improvements are accepted, the City will incur maintenance costs for City -
maintained improvements within Tract 8105. Maintenance costs 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.
RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt Resolution Approving Final Map and Tract
Improvement Agreement for Tract 8105, Neighborhood "D -4," Positano /Fallon Village; 2) Adopt
Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for
Tract 8105, Neighborhood "D -4," Positano /Fallon Village; and 3) Adopt Resolution Accepting
Parkland Dedication In -Lieu Fees and Credits for Park Land Dedication Requirements for Tract
8105, Neighborhood "D -1 " Positano /Fallon Village.
Page 1 of 3 ITEM NO. 4.3
x
Submit ed By
Public Works Director
DESCRIPTION:
Submitted By
Administrative Services
Director
Reviewed y
Assistant City Manager
Braddock and Logan Services, Inc., dba Dublin RE Investors, LLC, is filing a Final Map for Tract
8105, Neighborhood "D -4," to create 98 individual lots (Attachment 1).
The Final Map for Tract 8105 dedicates the right -of -way for East Cantara Drive, La Strada Drive,
North Spago Drive, and South Spago Drive, as well as a parcel for public park purposes, and a
public service easement.
The Final Map for Tract 8105 has been reviewed and found to be in conformance with the
Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 05-
61 on November 22, 2005. The Developer 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 8105 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 Final Map and Tract Improvement Agreement for
Tract 8105, Neighborhood "D -4," Positano /Fallon Village (Attachments 2 and 3) and a
Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for
Tract 8105, Neighborhood "D -4 ", Positano/ Fallon Village (Attachments 4 and 5).
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.
Braddock and Logan proposes to pay cash to satisfy its Community Park Land dedication
requirement. Braddock and Logan proposes to use existing Neighborhood Park Land credits to
satisfy its Neighborhood Park Land dedication obligation. The following table shows how
Braddock and Logan will satisfy the Parkland requirements for Tract 8105.
Dedication Fees In -Lieu of Braddock and Logan
Requirement Dedication Compliance
Community Park Land 1.0976 acres $1,076,432 Payment of $1,076,432
Neighborhood Park Land 0.4704 acres $564,480 Use of Credits
The calculation of the acreage required and /or in -lieu fees has been determined in accordance
with City of Dublin Municipal Code Chapter 9.28. A Resolution which outlines the requirements
and how Braddock and Logan will achieve compliance (Attachment 6) has been prepared.
Page 2 of 3
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 Braddock and Logan.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8105
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 8105, Neighborhood "D -4 ", Positano/ Fallon Village
3. Exhibit "A" to Resolution, Agreement
4. Resolution Approving the Agreement for Long Term Encroachment
for Landscape Features for Tract 8105, Neighborhood "D -4 ",
Positano/ Fallon Village
5. Exhibit "A" to Resolution, Agreement
6. Resolution Accepting the Parkland Dedication In -Lieu Fees and
Credits for Parkland Dedication Requirements for Tract 8105,
Neighborhood "D -4 ", Positano/ Fallon Village
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 8105, NEIGHBORHOOD D -4, POSITANO/ FALLON VILLAGE
WHEREAS, the Final Map for Tract 8105, 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, Dublin RE Investors, LLC, A California Limited Liability
Company, by Braddock and Logan Services, Inc, A California Corporation, Its Manager, has
executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8105 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
Barney and Barney in the amount of $2,313,370 for the in -tract improvements (Bond No.
724677S), conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the
Barney and Barney in the amount of $2,313,370 for the in -tract improvements (Bond No.
724677S), 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 8105 be and the same is
hereby approved, and that rights to the areas marked as East Cantara Drive, La Strada Drive,
North Spago Drive, South Spago Drive, Parcel C, and Public Service Easement (PSE), offered
for dedication to public use in conformity with the terms of dedication be, and they are hereby
accepted, subject to improvement, and that the Clerk of this City Council is hereby directed to
transmit said Map to the County Recorder for filing.
1
PASSED, APPROVED AND ADOPTED this 4th day of September, 2012 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
GADEVELOPMENT, PRIVATE \Fallon Village (EDPO) \Tract 8105 - B & L (N -D4, School & Park) \Reso FM 8105.doc
2
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
Tract 8105, Neighborhood "D-4
Positano/ Fallon Village
This agreement is made and entered into this 4th day of September, 2012, by and
between the City of Dublin, -a municipal corporation, hereinafter referred to as "CITY ", and
Dublin RE Investors, LLC, A California Limited Liability Company, by Braddock and Logan
Services, Inc., A California Corporation, Its Manager, 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 8105, also known as Positano/ Fallon
Village Neighborhood "D-4", desires to improve and dedicate those public improvements
(hereafter "The Improvements ") in accordance with the requirements and conditions set forth
in the City of Dublin Planning Commission Resolution No. 05 -61 (PA 05 -038), adopted on
November 22, 2005, and City Council Resolution No. 223 -05, adopted on December 6,
2005; the requirements of the Subdivision Map Act of the State of California, the Subdivision
Ordinance of the CITY, and those certain plan and specifications for said development
approved by the City Engineer, as follows:
• "Improvement Plans, Tract 8105 - Fallon Village Neighborhood D-4"(9 Sheets,
Sheets 1 -9), prepared by MacKay and Somps, Inc, approved May 23, 2012.
• "Rough Grading Plan, Fallon Village Tract 8105, Neighborhood D4, Park & School"
(12 Sheets, Sheets 1.12), prepared by MacKay and Somps, Inc., approved April 25,
2012
• "Joint Trench Composite, Braddock & Logan Tract 8105 - Fallon Village
Neighborhood D4 (6 Sheets, Sheets JT1 -JT6), prepared by Giacalone Utility Design
and Planning, dated May 22, 2012, with modifications as necessary for City approval
• "Street Lighting, Braddock & Logan Tract 8105 - Fallon Village Neighborhood D4 (5
Sheets, Sheets SL1 -SL5), prepared by Giacalone Utility Design and Planning, dated
May 22, 2012, with modifications as necessary for City approval.
• "Landscape Plans — Fallon Village — Tract 8105 — Neighborhood D4" (44 Sheets,
Sheets 1-0.1 - 1-5.2), prepared by Gates and Associates, dated July 25, 2012, with
modifications as necessary for City approval.
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
1
dedication of The Improvements in consideration for DEVELOPER's satisfactory performance
of the terms and conditions of this Agreement; and
WHEREAS, CITY has determined that The Improvements are a public works subject
to California prevailing wage requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this agreement. DEVELOPER shall complete
said work not later than two years following said date of execution of this agreement; unless
the completion date is extended by the City Council. Time is of the essence in this
Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as -built plans of The Improvements, including any authorized
modifications.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be as presented in the Bond Estimate — Fallon Village — Neighborhood D4, dated
February 9, 2012, prepared by MacKay & Somps ($2,313,370), and attached to this
agreement as Exhibit "A ". Said amount reflects 100% completion of the work. Said amount
includes costs and reasonable expenses and fees which may be incurred in enforcing the
obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the Following security in a form satisfactory to the City Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100 %) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one - hundred per cent (100 %) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor.
2
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surface water drainage of the subdivision shall not
interfere with the use of neighboring property, including public streets and highways.
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform to the provisions of
Chapter 5 of the Subdivision Map Act.
3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, all insurance required under this paragraph .
Prior to the commencement of work under this Agreement, DEVELOPER's general contractor
shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph DEVELOPER shall not allow any contractor or
subcontractor to commence work on this contract or subcontract until all insurance required
for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and
approved. Said insurance shall be maintained in full force and effect until the completion of
work under this Agreement and the final acceptance thereof by CITY. All requirements
herein provided shall appear either,in the body of the insurance policies or as endorsements
and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General 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.
M
3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self- Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At the option of the
CITY; DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability 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.
4
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII.
b) Verification of 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 design, workmanship and
materials actually appear during the one -year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year [HOLD]to insure
that such defects have actually been corrected.
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
5
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, which shall not be unreasonably withheld, denied, or delayed.
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if
DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the
benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER,
or any of DEVELOPER's contractors, subcontractors, agents or employees should violate
any of the provisions of this Agreement, the CITY through its City Engineer may serve written
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
M.
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion,
by contract or by any other method CITY may deem advisable, for the account and at the
expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages
and /or reasonable and documented excess costs occasioned by CITY thereby; and, in such
event, CITY; without liability for so doing, may take possession of, and utilize in completing
the work, such materials, appliances, plant and other property belonging to DEVELOPER as
may be on the site of the work and necessary therefor.
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925)- 833 -6630
Notices required to be given to DEVELOPER shall be addressed as follows:
Jeff Lawrence
Braddock and Logan Services, Inc.
4155 Blackhawk Drive, Ste. 201
Danville, CA 94506 -4613
(925)- 736 -4000
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Susan Long
Barney and Barney
1999 Harrison Street, Ste.1230
Oakland, CA 94612 -3533
(510) -273 -8888
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
7
occupancy permits when the work or its progress may substantially and /or detrimentally
affect public health and safety.
9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as
may be necessary to prevent accidents to the public and damage to the property.
DEVELOPER shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work
to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights,
and other safety devices (except such safety items as may be shown on the plans and
included in the items of work) shall be removed from site of the work by the DEVELOPER,
and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as -built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated
representative, shall examine the tract work without delay, and, if found to be in accordance
with said plans and specifications and this Agreement, shall recommend acceptance of the
work to the City Council and, upon such acceptance, shall notify DEVELOPER or his
designated agents of such acceptance.
11. Patent and 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, processor 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
[STAYS], or approved of plans and /or specifications for the subdivision, or
regardless of whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims for damages.
3) 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. [STAYS]
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_
9
CITY OF DUBLIN
By:
Joni Pattillo, City Manager
ATTEST:
City Clerk
DEVELOPER
Dublin RE Investors, LLC, A California Limited Liability Company
By Braddock and Logan Services, Inc., A California Corporation, Its Manager
.-
y�
KY
Print Name
Title .
G:IDEVELOPMENT, PRIVATETallon Village (EDPO)1Tract 8105 - B & L (N -D4, School & Park)ITract 8105 improvement agmt.doc
10
State of California
County of Contra Costa
On U �a3 before me, Nancy E. Embrey, Notary Public
Date �1 Here Insert Name and Title of the Officer
personally appeared 5ef e v = L 'w `r' e ✓ZC
Name(s) of Signer(s)
NANCY.
Commission n # # 1859 1859710
a -r Notary Public - California ZZ
Z Contra Costa County
My Comm. Expires Aug 1, 2013
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(Wwhose nameor ml-subscribed to the
within instrument and acknowledged to me that
(J!�(sheMvy executed the same in(Ms/be0Wr authorized
capacity(Aes , and that by fei "tor signatureO on the
instrument the personK, or the entity upon behalf of
which the personA<acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature �- ' ,'
Si re of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: [ `f
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact - • '
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner - ❑ Limited ❑ General _
❑ Attorney in Fact - •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
'C �1 � • � I/ - IY - ' I III
pa "' K
19514 -01 D
01/10/2012 JBM
02/09/2012 JBM
BOND ESTIMATE
FALLON VILLAGE - NEIGHBORHOOD D4 98 LOTS (43'X 80' LOTS)
This Bond Estimate is based on Improvement and Grading Plans dated March 2012
TRACT 8105 - CITY OF DUBLIN
ITEM , QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
1.
44,700
CY
Rough Grading
2.10
$93,870
2.
159,030
SF
Finish grading street
0.40
$63,610
3.
98
EA
Finish lot grading
750.00
73,500
4.
811
LF
Retaining Wall (h < =1.5 ±)
24.00
19,460
5.
726
LF
Retaining Wall (h= 1.6 -2.5 ±)
48.00
34,850
6.
653
LF
Retaining Wall (h= 2.6 -4.0 ±)
72.00
47,020
7.
2,190
LF
Backfill Retaining walls
12.00
26,280
8.
13,890
SF
Paved multi -use trail /EVA/maint. (3" AC on 9" AB)
3.00
41,670
9.
49,950
SF
4" AC pavement on La Strada & Cantara
1.80
89,910
10.
53,590
SF
3" AC pavement on Spago
1.35
72,350
11.
49,950
SF
14" AB on La Strada & Cantara
2.50
124,880
12.
53,590
SF
12" AB on Spago
2.15
115,220
13,
24;265
SF
4" AB under sidewalk and driveway (includes
0.72
17,470
handicap ramps)
14.
9,053
SF
4" AB under curb & gutter
0.72
6,520
15.
11
EA
Standard City of Dublin street monument
300.00
3,300
16.
3
EA
Stop and street name sign
450.00
1,350
17.
3
EA
Stop bar & legend
600.00
1,800
18.
1
EA
Traffic signs -
220.00
220
19.
1
LS
Traffic striping
2,000.00
2,000
20.
8
EA
Pavement reflectors at fire; hydrants
25.00
200
21.
1
LS
Erosion control
6,000.00
6,000
ESTIMATED TOTAL STREET WORK:
$841,480
B. CONCRETE WORK
1.
6,035
LF
Standard curb & gutter measured thru driveways
15.00
$90,530
2.
11
EA
Curb inlet
4,200.00
46,200
3.
24,265
SF
4" Sidewalk & handicap ramps
4.00
97,060
4.
9,310
SF
6" Driveway approach
6.00
55,860
5.
196
EA
3" PVC thru curb drains (2 per lot)
100.00
19,600
6.
5
EA
Armor -tile domes in handicap ramps
400.00
2,000
7.
6
EA
Storm drain field inlet
1,800.00
10,800
8.
6,035
LF
4" SDR drain under curb & gutter
9.50
57,330
ESTIMATED TOTAL CONCRETE WORK: $379,380
EXCHIBIT 1
Copy of 19514 -04d- 20 1 2011 0- JBh1- t=allonVillage- NeighD4 -98- Lots -Bond estimate TO tt fe Agreement
i
I
19514 -01 D
01/10/2012
JBM
02/09/2012 JBM
ITEM QUANTITY UNIT DESCRIPTION
UNIT PRICE
AMOUNT
C. STORM DRAIN WORK
1. 2 EA Manholes including reset to finish grade
4,000.00
$8,000
2. 215 LF 24" Storm drain
60.00
12,900
3. 1,642 LF 18" Storm drain}
45.00
73,890
4. 241 LF 15" Storm drain
40.00
9,640
5. 43 LF Scour protection
1.20
50
ESTIMATED TOTAL STORM DRAIN WORK:
$104,480
D. ELECTRICAL /JOINT TRENCH
1. 19 EA Single arm "Decorative" electrolier including
3,500.00
$66,500
conduit & boxes
2. 98 UNITS Joint trench (including service completions)
6,000.00
588,000
ESTIMATED TOTAL ELECTRICAL WORK:
$654,500
E. LANDSCAPE & IRRIGATION
1. 21,605 SF Parkway strip landscaping
4.50
$97,220
2. 90 EA Street trees in -tract (estimated quantity) :
250.00
22,500
ESTIMATED TOTAL LANDSCAPE PLANTING & IRRIGATION:
$119,720
F. MISCELLANEOUS CONSTRUCTION
1. 1 LS 6" irrigation sleeves
3,500.00
$3,500
ESTIMATED TOTAL MISCELLANEOUS CONSTRUCTION:
$3,500
SUMMARY
A STREETWORK
$841,480
B CONCRETE WORK
379,380
C STORM DRAIN WORK
104,480
D ELECTRICAL /JOINT TRENCH
654,500
E LANDSCAPE & IRRIGATION
119,720
F MISCELLANEOUS CONSTRUCTION
3,500
ESTIMATED IMPROVEMENT COST:
$2,103,060
CONTrNGENCY 10%
$210,310
TOTAL BOND ESTIMATE:
$2,313,370
Copy of 19514 -04d- 20120110- JBIM- FallonVillage- NeighD4 -98- Lots -Bond estimate
2 of 3
i
19514 -01 D
01/10/2012 JBM
02/09/2012 JBM
NOTES
1. This estimate is prepared as a guide only and is subject to possible change. It has been
prepared to a standard of accuracy which, to the best of our knowledge and judgment, is
sufficient to satisfy our understanding of the purposes of this estimate. MacKay & Somps makes
no warranty, either expressed or implied, as to the accuracy of this estimate.
2. This estimate does not consider the following:
a. Land costs, acquisition of Right of Way, easements, and /or rights of entry.
b. Fees for assessment, lighting & landscaping, GHAD, Mello Roos districts or the like.
c. Fencing
d. Costs associated with trench shoring.
e. City fees:
f. Phased construction or out of regular sequence construction.
g. Tree preservation systems.
h. Landscaping & associated design costs
I. Financing and overhead charges.
j. Costs associated with Endangered Species and Wildlife Conservation.
k. Cost associated with Corps of Engineers, Fish and Game, Fish and Wildlife and. Wetlands
1. Costs associated with overexcavation of unsuitable material.
3. Costs presented herein represent an opinion based on historical information. No provision has
{
been made for inflation:
4. As noted above this estimate does not include costs associated with right -of -way acquisition or
temporary grading /construction easements.
Prepared by the firm of
MACKAY & SOMPS
Copy of 19514 -04d- 20120110- JBM- FallonVillage- NeighD4 -98- Lots -Bond estimate
RESOLUTION NO. -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8105,
NEIGHBORHOOD D -4 POSITANO/ FALLON VILLAGE
WHEREAS, a Vesting Tentative Map for Tract 7586 for Fallon Village was approved by
Planning Commission Resolution 05 -61 on November 22, 2005 with Conditions of Approval;
and
WHEREAS, said Conditions of Approval required the developer 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 8105, Neighborhood D -4,
Positano/ Fallon Village, attached hereto as Exhibit "A ";
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 4th day of September, 2012, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
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 8105,
FALLON VILLAGE/ POSITANO NEIGHBORHOOD D -4
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 8081 ( "Agreement ") is made between the City of Dublin ( "City ")
and Dublin RE Investors, LLC, A California Limited Liability Company, by Braddock and
Logan Services, Inc., A California Corporation, Its Manager ( "Owner ").
1. Property: The subject property is Tract 8105 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 8105, Fallon Village/ Positano
Neighborhood D-4, ( "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 8105: East Cantara Drive, North Spago Drive, South
Spago Drive; La Strada Drive, Capistrello Street, and Valerio Street (collectively,
the "Landscape Features "). Construction details for these Landscape Features are
shown on the Landscape Plans for Tract 8105, Neighborhood D -4 prepared by
Linda Gates and Associates, dated July 25, 2012 with modifications as necessary
for City approval. 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.
1
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 parry,
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 8105 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
2
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
include Dublin RE Investors, LLC, A California Limited Liability Company, by
Braddock and Logan Services, Inc., A California Corporation, Its Manager and all
successors and assigns Dublin RE Investors, LLC, A California Limited Liability
Company, by Braddock and Logan Services, Inc., A California Corporation Its
Manager including but not limited to the Tract 8105 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: Jeff Lawrence
Braddock and Logan Services, Inc.
4155 Blackhawk Drive, Ste. 201
Danville, CA 94506 -4613
(925) - 736 -4000
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. Partial Invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
3
i
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 , 2012.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
Joni Pattillo
City Manager
OWNERS:
Dublin RE Investors, LLC, A California Limited Liability Company, by Braddock and
Logan Services, Inc., A California Corporation, Its Manager
B
=92
Jeff Lawrence
M Authorized Representative
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa J
On �-?J before me, Nancy E. Embrey, Notary Public
Date _ �1 Here Insert Name and Title of the Officer
personally appeared �e � v _LcG_LAi `_e V-\C
who proved to me on the basis of satisfactory evidence to
be the person(Wwhose name(g� cssubscribed to the
within instrument and acknowledged to me that
ffi!�lshefttitey executed the same in <ns1h9 W"r authorized
capacity(ies, and that by fthetr signature(a) on the
instrument the personal, or the entity upon behalf of
NANCY E. EMBREY which the persogWacted, executed the instrument.
Commission # 1859710
Z ,-r Notary Public - California D I certify under PENALTY OF PERJURY under the laws
Contra Costa County of the State of California that the foregoing paragraph is
My Comm. Expires Aug 1, 2013 true and correct.
WITNESS my hand and official seal.
Signature `
Place Notary Seal Above Sig of Notary Public
OPTIONAL u
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document. n,,
Description of
Title or Type of Document:
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RESOLUTION NO. —12
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 8105, NEIGHBORHOOD D -4, POSITANO / FALLON VILLAGE
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, Dublin RE Investors, LLC, is filing Tract 8105 Final Map
for developing 98 residential dwelling units constructed on 98 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 8105 are 1) Dedication of 1.0976
acres of Community Park Land or payment of $1,076,432 in Community Park Land In -Lieu
Fees, and 2) Dedication of 0.4704 acres Neighborhood Park Land or payment of $564,480 in
Neighborhood Parkland In -Lieu Fees; and
WHEREAS, Developer will satisfy the Community Parkland Dedication requirement
through the payment of in -lieu Park Dedication Fees in the amount of $1,076,432 to fully
satisfy the Community Park Land obligation for Tract 8105; and
WHEREAS, Dublin RE Investors, LLC has deposited with the City of Dublin
$1,076,432 which is the full amount required to satisfy the obligation for Community Park
Land In -Lieu Fees for Tract 8105.
WHEREAS, Developer will satisfy the Neighborhood Parkland Dedication requirement
through the use of Neighborhood Park Land credits for 0.4704 acres of, which the Developer
desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 8105.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid the payment of $1,076,432
Community Parkland in lieu fees and the application of 0.4704 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.
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PASSED, APPROVED AND ADOPTED this 4th day of September, 2012, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
GADEVELOPMENT, PRIVATE \Fallon Village (EDPO) \Tract 8105 - B & L (N -D4, School & Park) \Reso_parkland dedication - Tr 8105.docx
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