HomeMy WebLinkAboutReso 97-13 Sorrento East Tr 7653 RESOLUTION NO. 97 - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7653, SORRENTO EAST— NEIGHBORHOOD 7
WHEREAS, the Final Map for Tract 7653, 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, Taylor Morrison of California, LLC, A Limited Liability
Company, has executed and filed with the City of Dublin a Tract Improvement Agreement for
Tract 7653 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
Lexon Insurance Company in the amount of$86,789 for the Tract 7982 Public Improvements to
be constructed with Tract 7653 (Bond No. 1093805), and in the amount of $562,813 for the
Tract 7653 Public Improvements (Bond No. 1093806), and in the amount of $552,795 for the
Tract 7653 Private Improvements (Bond No. 1093804), conditioned upon faithful performance
of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the
Lexon Insurance Company in the amount of $86,789 for the Tract 7982 Public Improvements to
be constructed with Tract 7653 (Bond No. 1093805), and in the amount of $562,813 for the
Tract 7653 Public Improvements (Bond No. 1093806), and in the amount of $552,795 for the
Tract 7653 Private Improvements (Bond No. 1093804), conditioned upon payment for labor
performed or material furnished under the terms of said Agreement; and
WHEREAS, a 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 2 of
Tract 7982; and
WHEREAS, sufficient security has been provided to ensure that the obligations with
respect to said Parcel 2 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 said Tract Improvement Agreement, attached hereto as Exhibit A.
Page 1 of 2
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 2
of Tract 7982, attached hereto as Exhibit B.
BE IT FURTHER RESOLVED that the Final Map of Tract 7653 be and the same is
hereby approved, and that rights to the areas marked as Vittoria Loop, Public Service
Easement (PSE) 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 Existing 5 Foot Wide Public Service Easement (PSE) along Palermo
Way, recorded in Book 303 of Maps, Pages 77-81, Alameda County Records, is hereby
abandoned in its entirety, 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 18th day of June, 2013 by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
i
Mayor
ATTEST:
cyfr9
City Clerk
Reso No. 97-13,Adopted 6-18-13, Item 4.5 Page 2 of 2
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 7653 —SORRENTO EAST NEIGHBORHOOD 7
This agreement is made and entered into this day of - , 201.3, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Taylor
Morrison of California, LLC, a California limited liability company, 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 7653, also known as Sorrento East—
Neighborhood 7, desires to improve those improvements (hereafter "The Improvements") required by
the City of Dublin Planning Commission Resolution No. 10-09 adopted on March 9, 2010 for Tract
7653 and the improvements for Lockhart Street median landscaping north of Palermo Way to Gleason
Drive. decorative pavement on Palermo Way near the intersection of Lockhart Street, and the entry
monument near the southwest corner of the intersection of Gleason Drive and Lockhart Street, as
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 plan and specifications for said development approved by the
City Engineer, as follows:
• Improvement Plans, Tract 7653, Sorrento East (Neighborhood 7), prepared by MacKay &
Somps and signed by the City Engineer on December 7, 2012;
• Landscape Plans, Tract 7653, Sorrento East -Neighborhood 7, prepared by R3 Studios and
signed by the City Engineer on March 12, 2013;
• Joint Trench Composite & Street Lighting Plans for Tract 7653, Sorrento East—
Neighborhood 7, prepared by RGA Design, LLC and signed by the City Engineer on October
30, 2012;
• Improvement Plats, Tract 7982, Sorrento East prepared by MacKay & Somps and signed by
the City Engineer on March 15, 2011;
• Landscape Plans, Tract 7982, Sorrento East - Backbone Improvements prepared by R3
Studios and signed by the City Engineer on January 13, 2012;
• Joint Trench Composite & Street Lighting Plans for Sorrento East - Tract 7982 prepared by
RGA Design, LLC and signed by the City Engineer on September 12, 2011; and
Said plans are now, or, if not yet finally approved, will be, on file in the office of the Public Works
Director/City Engineer, and 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; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the
- time hereinafter specified,and where applicable, CITY intends to accept DEVELOPER's offer(s) of
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easements 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 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 modifications.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is agreed to
he as presented in the Bond Estimates—Trac17653—Sorrento East, Neighborhood 7, dated April 16,
2013, prepared by MacKay &Somps, attached to this agreement as Exhibit"A":
• Tract 7653 Public Improvements $ 562,813.00
• Tract 7653 Private Improvements $ 552,795.00
• Tract 7982 Public Improvements constructed with Tract 7653 $ 86,789.00
Said amount includes costs and reasonable expenses and fees which maybe 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.
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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.
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 hind 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,
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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.
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2) Automobile Liability: SI.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 S1,000,000 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:
I) 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.
h) 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.
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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.
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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.
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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.
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 (I) 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 to insure that such defects have actually been
corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the
right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay
to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the
contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee
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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 consent shall be granted or withheld in the manner described in the Development Agreement
between Cite of'Dublin and SR Structured Lot Options I, LLC for Sorrento East at Dublin Ranch
(Dublin Ranch Area F East) dated August 7, 2007 and recorded in the Official Records of Alameda
County (due Official Records") on November 8. 2007 as Instrument No. 2007-391172, which was
amended pursuant to that certain Amendment No. I to Development Agreement Between City of
Dublin and SR Structured Lot Options I, LLC for Sorrento East at Dublin Ranch (Dublin Ranch Area
F East) dated May 4, 2010,and recorded in the Official Records on July 16, 2010 as Instrument No.
2010-196770(collectively, "Development Agreement").
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall he
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
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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 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:
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:
Taylor Morrison of California, LLC
81 Blue Ravine Road, Suite 220
Folsom, California 95630
Attn: Dave Kalemba. Land Project Manager
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Any party or the surety may change such address by notice in writing to the other party and
thereafter notices shall he 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
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risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings
located within the tract shall not be construed in any manner to constitute a partial or final acceptance
or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building
Official may withhold the issuance of building or occupancy permits when the work or its progress
may substantially and/or detrimentally affect public health and safety.
9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory
signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to
prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and
maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other
safety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shown
on the plans and included in the items of work) shall be removed from site of the work by the
DEVELOPER, and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of 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, and upon submittal of a warranty bond in the amount of 25% of the
estimated cost of The Improvements, 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.
I I. 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.
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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 andagainst 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 (I)
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 he 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.
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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:
Joni Pattillo. City Manager
ATTEST:
City Clerk
DEVELOPER
Taylor Morrison of California, L.LC
A California limited liability company
By:
Print Name
Its: Managing Member
G\DEVELOPMENT,PRIVATEDublin Ranch\Sorrento-East\Tract 7653-Neighborhood 71Tract 7653 Tract Improvement Agmeement.doc
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Recording requested by and when
recorded mall 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 Recorders use.
RELEASE OF COVENANT AND DEED RESTRICTION
FOR PARCEL 2 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 2, 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 2; and
WHEREAS, Owner has requested, and City wishes to release the Covenant with
respect to Parcel 2.
NOW THEREFORE, the City hereby releases the Covenant with respect to said
Parcel 2, 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: CITY,
City of Dublin,
a municipal corporation
By: Joni Pattillo
Its: City Manager
ATTEST:
By:
Its: City Clerk
SIGNATURES MUST BE NOTARIZED.
G1DEVELOPMENT,PRIVATE\Dublin Ranch\Sorrento-East\Tract 7653-Neighborhood 7\Agreements\Release of Covenant and
Deed Restriction.doc
Notary Acknowledgement
[Insert Here]
1655763.1