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HomeMy WebLinkAbout4.8 Jordan Rch Neighborhood 2 STAFF REPORT CITY CLERK File #600-60 CITY COUNCIL DATE:January 21, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, Acting City Manager SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long-Term Encroachment for Landscape Features, Approval of Stormwater Treatment Measures Maintenance Agreement, and Acceptance of Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8140, Jordan Ranch, Neighborhood 2 (Toll CA III, L.P., a California Limited Partnership) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: Toll CA III, L.P., a California Limited Partnership, is filing a Final Map for Tract 8140 (Jordan Ranch, Neighborhood 2) to create 40 individual lots for the construction of homes. Tract 8140 is located along the west side of Sunset View Drive near the intersection of Central Parkway. FINANCIAL IMPACT: Park Land dedication requirements are proposed to be satisfied with Park Land Credits held by the Developer. Credits are being used to satisfy $296,520.00 in Community Park Land Fees due. Credits are also being used to satisfy $152,600.00 in Neighborhood Park Land Fees due. The developer has signed a Tract Improvement Agreement and has posted bonds to guarantee the construction of tract improvements within Tract 8140. The Performance Bond and Labor & Materials Bond amounts for construction of the tract improvements are for 100% of the estimated cost to construct the improvements. Bond amounts are summarized in the table below. Purpose of Bond Bond Number Amount of Bond Tract Improvements 58711091 $1,388,163.00 The developer will be responsible for all construction inspection costs related to the improvements required for Tract 8140. Once the improvements are accepted, the City will incur maintenance costs for City-maintained improvements within Tract 8140. Maintenance cost information will be provided at the time of improvement acceptance. The Homeowners’ Association will be responsible for maintaining the project-related landscape features within the public right-of-way and for maintaining the stormwater treatment measures constructed with this project. ITEM NO. ____4.8_____ Page 1 of 3 RECOMMENDATION: Resolution Staff recommends that the City Council adopt Approving Final Map and Tract Resolution Improvement Agreement for Tract 8140, Jordan Ranch, Neighborhood 2; adopt Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8140, Resolution Jordan Ranch, Neighborhood 2; adopt Approving the Stormwater Treatment Measures Maintenance Agreement with Tract 8140, Jordan Ranch, Neighborhood 2; and adopt Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8140, Jordan Ranch, Neighborhood 2. Submitted By Submitted By Reviewed By Public Works Director Administrative Services Acting Assistant City Manager Director DESCRIPTION: Toll CA III, L.P., a California Limited Partnership, is filing a Final Map for Tract 8140, to subdivide Lot 6 of Tract 8100 into 40 individual lots for the construction of homes (Attachment 1). The Final Map for Tract 8140 dedicates a public service easement and an emergency vehicle access easement. The Final Map for Tract 8140 has been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 10-25 on May 11, 2010. The Developer has submitted an executed Tract Improvement Agreement, together with the required Faithful Performance and Labor & Material Bonds. The Agreement for Long-Term Encroachment for Landscape Features for Tract 8140 provides for the Homeowners’ Association to maintain project-related landscape features within the public rights-of-way, including planter strips, sidewalks, and street trees. The Stormwater Treatment Measures Maintenance Agreement with Tract 8140, Jordan Ranch, Neighborhood 2, provides for the Homeowners’ Association to maintain the stormwater treatment measures constructed with this project, which includes stormwater inlet inserts. Staff has prepared a Resolution Approving the Final Map and Tract Improvement Agreement for Tract 8140, Jordan Ranch, Neighborhood 2 (Attachments 2 and 3), a Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8140, Jordan Ranch, Neighborhood 2 (Attachments 4 and 5), and a Resolution Approving Stormwater Treatment Measures Maintenance Agreement with Tract 8140, Jordan Ranch, Neighborhood 2 (Attachments 6 and 7). Park Land Dedication Requirements Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land or pay a fee in-lieu of dedicating such land as a condition of final map approval. Toll CA III, L.P., a California Limited Partnership, has acquired Community Park Land credits and Neighborhood Park Land credits from another developer, which will fully offset its park land Page 2 of 3 dedication requirement. The following table shows how Toll CA III, L.P. will satisfy the Park Land requirements for Tract 8140: Dedication Fees In Lieu Toll CA III, L.P. Requirement of Dedication Compliance Community Park Land 0.2800 acres $296,520.00 Use of Credits Acquired Neighborhood Park Land 0.1200 acres $152,600.00 Use of Credits Acquired The calculation of the acreage required and/or in-lieu fees are determined in accordance with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8140, Jordan Ranch, Neighborhood 2 (Attachment 8), which outlines the requirements and how Toll CA III, L.P. will achieve compliance. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is affirmation of the Final Map’s concurrence with the approved Tentative Map. Copies of this report have been provided to Toll CA III, L.P. ATTACHMENTS: 1.Reduced Copy of Final Tract Map 8140 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 8140, Jordan Ranch, Neighborhood 2 3. Exhibit “A” to Resolution, Tract Improvement Agreement for Tract 8140, Jordan Ranch, Neighborhood 2 4. Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features with Tract 8140, Jordan Ranch, Neighborhood 2 5. Exhibit “A” to Resolution, Long-Term Encroachment Agreement with Tract 8140, Jordan Ranch, Neighborhood 2 6. Resolution Approving Stormwater Treatment Measures Maintenance Agreement with Tract 8140, Jordan Ranch, Neighborhood 2 7. Exhibit “A” to Resolution, Stormwater Treatment Measures Maintenance Agreement with Tract 8140, Jordan Ranch, Neighborhood 2 8. Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8140, Jordan Ranch, Neighborhood 2 Page 3 of 3 I I m �z� p � OY02/ NY1:100 � m M J W W - j o '�' a v p - fa/1 x ' F�3Wl lMl] A1L� a o U s a c d a Of co z -. 94 d 2 °ad3 pa U W e Htlatt� w 6 jz a s< a 6 Z$ > za io' Shoo CaE C d I a E-IZ a��m n z and a S 4 z_o Ir Nm9 po 2 �m a Ly /l ovoa �oxw]n 73 0 Q o rNV a o o E. Z N15� 040d' M77. i Q Z o j z m W Z J az a U In Z d Q ~ Z lft Q _ H � I OtlLb' tlNtl/'tlS$bl Z I & .NY9 < LLJ J b m O w w. 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W ............ 37.00' `T U \ I I �\ I �\ I _\ I I RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8140, JORDAN RANCH, NEIGHBORHOOD 2 WHEREAS, the Final Map for Tract 8140, 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, Toll CA III, L.P., a California Limited Partnership, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8140 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 a bond furnished by Western Surety Company in the amount of $1,388,163.00 for the site improvements (Bond No. 58711091), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Western Surety Company in the amount of $1,388,163.00 for the site improvements (Bond No. 58711091), 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 8140 be and the same is hereby approved, and that rights to the areas marked as Public Service Easement (PSE), and Emergency Vehicle 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. vote: PASSED, APPROVED AND ADOPTED this 21st day of January, 2014, by the following AYES: NOES: 1 ABSENT: ABSTAIN: ATTEST: City Clerk Mayor CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 8140 This agreement is made and entered into this 21st day of January, 2014, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and Toll CA III, L.P., A California Limited Partnership, 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. 8140, desires to improve those improvements (hereafter "The Improvements ") required by City of Dublin Planning Commission Resolution No. 10 -25 adopted on May 11, 2010 for Tract 8024 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, Tracts 8940, 8941 & 8142 -- The Preserve at Jordan Ranch — The Altmore Collection, (27 Sheets, Sheets 1 -27), prepared by Ruggeri - Jensen -Azar and signed by the City Engineer on November 26, 2013 • Joint Trench Composite — Jordan Ranch — Tract 8940, 8141 & 8142, prepared by Lighthouse Design, Inc., with any modifications for approval by the City Engineer. • Street Light Plan — Jordan Ranch — Tract 8140, 8141 & 8142, prepared by Lighthouse Design, Inc., with any modification for approval by the City Engineer • Jordan Ranch — Cluster Lot Tract 8140 -8142 (19 Sheets, Sheets LO — L10; 71 -T8), prepared by Thomas Baak & Associates, LLP, with any modifications for approval by the City Engineer and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER`s offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, CITY has determined that the portion of The Improvements that will be accepted by the City as Public improvements are a public works subject to California prevailing wage requirements: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. DEVELOPER shall complete said work not later than two years following said date of execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final Record Drawings of The Improvements, including any modifications made during construction. 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement are presented in the Bond Estimate for Tract 8140, dated November 14, 2013, prepared by Ruggeri - Jensen -Azar, and are agreed to be as follows: • Tract 8140 Improvements $1,388,163.00 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said amount reflects that the Tract 8140 Improvements are currently 0% complete (bond is for 100% of the full amount). The bond estimate is attached as Exhibit A to this agreement. onds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred per cent (100 %) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively, the "Faithful Performance Bond "). Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one - hundred per cent (100 %) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefore (collectively, the "Labor and Materials Bond "). CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. 3. Insurance Required. Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph Prior to the commencement of work under this Agreement, DEVELOPER's general contractor (if different than Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER' 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 2 covering Broad f=orm 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. DEVELOPER hereby declares that the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self - insured retention for Bodily Injury and Property Damage Liability, (ii) a $2,000,000 per occurrence self- insured retention for third party action over actions and (iii) a $7,500,000 per occurrence self- insured retention for Home Builder's Limited Warranty Coverage, Construction Damage Liability Coverage and Fungi and Related Medical Payments ( "GL SIR's "). The CITY hereby approves the GL SIR's. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied 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. 3 c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers Liability_ Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. Notwithstanding the foregoing, if an endorsement that would provide for thirty (30) days' prior written notice prior to one or more of the above actions is not commercially available, DEVELOPER shall be excused from providing an endorsement covering said action or actions, provided that in such circumstances, DEVELOPER shall give written notice to the CITY as soon as is practicable if DEVELOPER learns that its coverage has been suspended, voided, cancelled by either party or reduced in coverage or in limits. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than AM 1. b) Verification of Coverage. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to certify coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time provided; however, that if the policies are not yet available, the City will accept copies of the applicable binders. 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 4 devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one -year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in workmanship and materials actually appear during the one -year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50 %) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 5. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its City Engineer and designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 6. Agreement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY. 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 5 creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of such written notice to cure such default, provided that, if such cure cannot be reasonably effected within such fifteen (15) day period, such failure shall not be a default hereunder so long as DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter diligently prosecutes such cure to completion. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefore. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: Toll CA 111, L.P., A California Limited Partnership 2000 Crow Canyon Place, Suite 200 San Ramon, CA 94583 Attn. Rick Nelson, Division President Phone No. (925) 855 -0260 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 be addressed and transmitted to the new address. 8. Use of Streets or Improvements. 2 At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially andlor detrimentally affect public health and safety. 9. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. 10. Acceptance of Work. Upon notice of the completion of The Improvements and the delivery of a set of final as -built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine The Improvements without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements that are within the Public right-of-way or Public easements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private Improvements and a warranty bond will not be needed for these Improvements; provided however, the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or his designated agents of their completion and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. 11. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 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. bility. 7 A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. 4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 14. Recitals. The foregoing Recitals are true and correct and are made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN i By: City Manager ATTEST: City Cleric DEVELOPER Toll CA III, L.P., A California Limited Partnership By: Z //(_ Rick Nelson Authorized Representative GMEVELOPMENT, PRIVATEVordan Ranch FGN #985 - T- 8140- 81421AgreementslFM 81401Tract Improvement Agreement- Tract 8140.doc ACKNOWLEDGMENT State of California County of Contra Costa On January 3rd, 2014 before me, Sarah Langmayer, Notary Public (insert name and title of the officer) personally appeared Richard M. Nelson who proved to me on the basis of satisfactory evidence to be the person(s�whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(t) 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. SARAH LANGMAYER 0 re, Commission # 193723 X Notary Public - California z Z Z Contra Costa County My Comm. Expires Jun 1$, 2015 Signature (Seal) RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT FOR LONG -TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8140, JORDAN RANCH, NEIGHBORHOOD 2 WHEREAS, a Vesting Tentative Map for Tract 8024 — Jordan Ranch was approved by Planning Commission Resolution No. 10 -25 on May 11, 2010, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project - related landscape features within the public rights -of -ways; and WHEREAS, said Conditions of Approval required the developer to enter into an "Agreement for Long -Term Encroachment" for the maintenance of said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct the 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 8140, Jordan Ranch, Neighborhood 2, attached hereto as Exhibit "A ", which will be recorded against the property concurrently with the Tract 8140 Final Map; NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 21st day of January, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8140, JORDAN RANCH — NEIGHBORHOOD 2 THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8140 ("Agreement") is made between the City of Dublin ("City") and Toll CA 111, L.P., A California Limited Partnership ("Owner"). 1. Property: The subject property is Tract 8140 as filed in Book - of Maps at Pages in the Official Records of the County of Alameda, State of California. 2. Develover: Developer is the Owner ofTract 8140, Jordan Ranch ("Project") 3. Landscam 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 with Tract 8140; Sunset View Drive (collectively, the "Landscape Features"). Construction details for these Landscape Features are shown on the Landsccipe Plans for Jor(kin Ranch, Cluster Lot tract 8140-8142, prepared by Thornas Baak & Associates, approved by the City. The scope of the improvements covered tinder the agreement is shown on the attached Exhibit "All, 4. Encroachment Permit: Owners shall apply to the City for an encroaclunent permit for work to be performed pursuant to this Agreement. The City must grant the encroachtnent permit for all work to install, operate and maintain the Landscape Features improvements and all the conditions imposed by the City must doe consistent with the provisions of this Agreement. If there is a conflict between any provisions of this Agreement and the encroachment permit, the provisions of this Agreement shall prevail over the conditions of the encroachment permit. 5. Ownership: Owners shall own all special Landscape Features, including but not limited to sidewalk, plantings, irrigation, street trees, etc. 6. Operations and Maintenance: Owners shall maintain and repair all the Landscape improvements, including all frontage landscape plantings, irrigation, sidewalks, and street trees within the designated areas, in a safe inamier 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 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 Warne the City as an additional insured. 9. Indemnification : Owners shall indemnify, defend and hold the City harmless from and against any and all loss, claims, liability damage or expense or cost the City may incur or become liable for or for which a claim is made by a third party, due to or arising out of Owner's construction, maintenance or operations of the Landscape Features, unless caused by the negligence, gross negligence or willful misconduct of the City, its agents, contractors or employees, 10. Permanent: The Landscape Features and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, and are appurtenant to the Property. 11. Right to Assign: Owners may assign any or all rights, interests and obligations of Owners arising under this Agreement to the Homeowners' Association for Tract 8140 or to a successor in interest of Owners with respect to all or a portion of the Project; provided, however, that no such assignment of Owners' rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide on any assignment within ten (10) days after Owner's notice thereof, provided all necessary documents and other information are provided to the City Manager to enable the City Manager to assess the assignment. 12. Successors and Assigns: Each reference to the "City" in this Agreement shall be deemed to refer to and include the City and all successors and assigns of City. All references to the "Owner" in this Agreement shall be deemed to refer to and include Toll CA 111, L.P., A California Limited Partnership, and all successors and assigns Toll CA 111, L.P., A California Limited Partnership. 0 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 clay after mailing, if mailed to the Marty 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: Toll CA 111, L.P., A California Limited Partnership 2000 Crow Canyon Place, Suite 200 San Ranion, CA 94583 Attn. Rick Nelson, Division President Phone No. (925) 855 -0260 14. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth in full body of this Agreement, 15. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties, agree to Substitute for the invalid or unenforceable Provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 16. Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and cannot be amended or modified except by a written agreement, executed by each of the parties hereto. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall Constitute one and the same instrument. W Dated this — day of , 2014 CITY: THE CITY OF DUB N, a municipal corporation By: City Manager Toll CA 111, L.P., A California Limited Partnership By: Name: Title i � cnok 1809818.1 E State of California County of Contra Costa On January 3rd, 2014 before me, Sarah Langmayer, Notary Public (insert name and title of the officer) personally appeared Richard M. Nelson I who proved to me on the basis of satisfactory evidence to be the person) whose name(o) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her1their signature(] on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify Linder 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, I "F SARAH LANGMAYER Commission # 1937230 Notary Public - California Contra Costa County MY Comm. Ex ires Jun 16, 2015 Signatur6" I'll' L1,91, U'� (Seal) � y'w Ut r ar CD w! 0 o F t j C3 Y d[1 �ry "t t CO Lo cu w 00 �,. FM L4! ss 4^11 i 4 r Q o m 4` � etc' < o z ly o 0 �I W r h ! z r r I� 7 C/} 4sJ pjfp Uj i � � I W g, C,i } C: cL � 0.F RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT WITH TRACT 8140, JORDAN RANCH, NEIGHBORHOOD 2 WHEREAS, a Vesting Tentative Tract Map for Tract 8024 — Jordan Ranch was approved by Planning Commission Resolution No. 10 -25 on May 11, 2010, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project - related stormwater treatment measures with this project; and WHEREAS, said Conditions of Approval required the developer to enter into a "Stormwater Treatment Measures Maintenance Agreement" for the maintenance of the stormwater treatment measures; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct required tract improvements, including stormwater treatment measures; and WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater Treatment Measures Maintenance Agreement with Tract 8140, Jordan Ranch, Neighborhood 2, attached hereto as Exhibit "A," which will be recorded against the property concurrently with the Tract 8140 Final map; NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 21st day of January, 2014. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk 1110 A I I I Mel Z B01 10010 101 This Stormwater Treatment Measures Maintenance Agreement ("Agreement") is entered into this , 20,14 by and between the City of Dublin ("City") and Toll CA III, L.P,, A California Limited Partnership, the property owner of real property described in this Agreement ("Property Owner"). A. On October 14, 2009, the Regional Water Quality Control Board, San Francisco Bay Region, adopted Order R2-2009-0074, CAS612008, issuing the Municipal Regional Stormwater NPDES permit (MRP),for the San, Francisco Bay Region; and B. Provision C.3.,h of the MRP, and as it may be amended or reissued, requires the permi�ttlee public agencies to provide minimum verification and access assurances that all treatment measures shall be adequately operated and maintained by entities responsible for the storm water treatment measures; and C. The Property Owner, Toll CA 111, L.P., A California Limited Partnership, is the owner of real property commonly known as "Jordan Ranch — Tract 8140 Clusters, Neighborhood 2" (the "Property"), and more particularly described in the attached legible reduced-scale copy of the Site Plan or comparable document (Exhibit A) upon which storm titer treatment measures are located or to be constructed; and D. The City is the permittee public agency with jurisdiction over the Property. E. The Property Owner, its administrators, co-owners, executors, successors, heirs, assigns or any other persons, including any homeowners association (hereinafter referred to as "Property Owner") recognizes that the storm water treatment measure(s) more particularly described and shown on Exhibit B (Location Form), "Improvement Pla/7S — Tracts 8140, 8141 & 8142 — The Preserve at Jordan Ranch — The Altmore Collection", prepared by Ruggeri-Jensen-Azar, of which full-scale plans and any amendments thereto are on file with the Public Works Department of the City of Dublin must be installed and maintained as indicated in Page 1 of 7 F. The City and the Property Owner agree that the health, safety and welfare of the citizens of the City require that the stormwater treatment measures) detailed in the Site Plan or comparable document be constructed and maintained on the Property; and G. The Dublin Municipal Code Chapter 7.74, and other City guidelines, criteria and directions require that the stormwater treatment rneasure(s), as shown on the ,approved Site Plan or comparable document, be constructed and maintained by the Property Owner NOW, THEREFORE, with reference to the above recitals and in consideration of the mutual promises, obligations, and covenants herein, the Property owner agrees as follows: The on-site stormwater treatment measure(s) shown on the Site Plan or comparable document shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the development and any other requirements thereto which have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other written direction. This agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another entity. Before the Property is legally transferred to another entity, the Property Owner shall provide written notice of the Agreement to, the transferee and provide the City a copy of such notice. SECTION 3: MAINTENANCE OF TREATMENT MEASURES The Property Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness, and shall, at its sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the Treatment Measure Operation and Maintenance Inspection Report (TMOMIR) agreed hereto an example of which is attached as Exhibit C (TMOMIR), This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and' quality of the stormwater. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally designed and approved. The TMOMIR shall include a detailed description of and schedule for long-term maintenance activities. The Property Owner will manage sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) appropriately. The Property Owner will provide for the removal and disposal of accumulated sediments. Disposal of accumulated Page 2 of 7 sediments . not occur, on the Property, provided o' in the TMOMIR. Any disposal or removal of accumulated `N !N r debris shall be in compliance all federal, state and local law and reguilations. The Property Owner shalll, on an annual basis, complete the Treatment Measure Operation and Maintenance Inspection Report (annual report), attached to this agreement as Exhibit C. The annual report shall include all completed Inspection and Maintenance Checklists Exhibit D (Chuck List) for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the applicable stormwater treatment rneasure(s) have been conducted pursuant to this agreement. The annual report shall be submitted no later than December 31 of each year, under penalty of perjure, to the City of Dublin NPDES Coordinator at the City of Dublin, 199 Civic Plaza, Dublin CA, 94568 or another member of the City staff as directed by the City. The Property Owner shall provide a record of the volume of all accumulated sediment removed from the treatment measure(s) in the annual report. The Property Owner shall conduct a minimum of one annual inspection of the stormwater treatment measure(s) before the wet season. This inspection shall occur between August Vr and October 1sr each year. The TMOMIR, Exhibit C, may require more frequent inspections. The results of inspections shall be recorded on the Model Inspection & Maintenance Checklist(s) attached as Exhibit D. •1 vo ki i At its sole expense, the Property Owner shall make changes or modifications to the stormwater treatment measure(s) and/or the TMOMIR, Exhibit C, as may be determined as reasonably necessary by the City to ensure that treatment measures are properly maintained and continue to operate as originally designed and approved. The Property Owner hereby grants permission to the City; the San Francisco Bay Regional Water Quality Control Board (RWQCB); the Alameda County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees to, enter upon the Property at reasonable tunes and in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that treatment measures are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when it has a reasonable basis to believe that a violation of this Agreement, the City's Stormwater Management Program, guidelines, criteria, other written direction, or the Municipal Regional Stormwater NPDES Permit (Regional Board Order R2- 009 -0074, and any amendments or re- issuances of this permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the TMOMIR criteria or other written direction. Whenever possible, the City, R'k11a'QCB, or the Mosquito Abatement District shall provide reasonable notice, delivered pursuant to Section 9 of this agreement, to the Property Owner before entering the property. w 11 11i - � r In the event the Property Owner fails to maintain the stormwater treatment Page 3 of 7 measure(s) as shown on the approved Site Plan or comparable document in good working order acceptable to the City and in accordance with the TMO( MIR, incorporated in the Agreement, the City, and its authorized agents and employees with reasonable notice, delivered pursuant to Section 9 of this agreement, may enter the Property and take whatever steps it deems necessary and appropriate to return the treatment measure(s) to good working order. Such notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the City. • 0 ILI WI I rel All notices herein required shall be in writing, and delivered by person or send by registered mail, postage pre-paid. Notices required to be given to the City shall be addressed as follows: NPDES Coordinator City of Dublin 100 Civic Plaz�a, Dublin, CA 94568 Notices required to be given to Property Owner or Property Manager shall t addressed as follows: Company Ra A 111, L.P., A California Limited Partnership Attention: Rick Nelson, Division President Street Add on Place, Suite 200 City: San Ramon State: CA Zip Code 94583 Telephone Number: (925) 855-02,60 Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted' to the new address. SECTION 10: REIMBURSEMENT OF CITY EXPENDITURES In the event the City, pursuant to this Agreement, performs work of any nature (direct or indirect), including any reinspections, or any actions it deems necessary or appropriate to return the treatment measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the City of Dublin upon demand withlin thirty (30) days of receipt thereof for the costs incurred by the City hereunder, including reasonable mark-ups for overhead and expenses. If these costs are not paid within the prescribed time period, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment Page 4 of 7 -------- ----- The Property Owner shall indemnify, hold harmless and defend the City and its authorized agents, officers, officials and employees, from and against any and all claims, demands, suits, damages, liabilities, losses, accidents,- casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the treatment measures) by the Property Owner or the City. In the event a claim is asserted against the City, its authorized agents, officers, officials or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the City, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims, and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the City. Wmalma It is the intent of this agreement to insure the proper maintenance of the treatment measures) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff. SECTION 13: TRANSFER OF PROPERTY This Agreement shall run with the title to the land. The Property Owner further agrees whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property, I - 0 The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement. SECTION 15: RECORDATION This Agreement shall be recorded by the Property Owner, or by the City by mutual agreement, within thirty (30)-days after the execution date of this Agreement as stated above among the deed: records of the County Recorder's Office of the County of Alameda, California at the Property Owner's expense. Page 5 of 7 In the event that the City determines that the stormwater treatment measures located on the Property are no longer required, then the City, at the request of the Property Owner shall execute a release of this Agreement, which the Property Owner, or the City by mutual agreement, shall record in the County Recorder's Office at the Property Owner's expense. The stormwater treatment measure(s) shall not be removed from the Property unless such a release is so executed and recorded. - - " - I 1 0 This Agreement is effective upon the date of execution as stated at the beginning of this Agreement. This Agreement shall not be modified except by written instrument executed by the City and the Property - Owner at the time of modification. Such modifications shall be effective upon the date of execution and shall be recorded. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California, Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda. In the event of legal action occasioned by any default, inaction or action of the Property Owner, the Property Owner agrees to pay all costs incurred by the City in enforcing the terms of this Agreement, including reasonable attorney's fees, litigation expenses, including experts' fees and costs, and other costs which shall become part of the lien against the Party. CITY: PROPERTY OWNER: TOLL CA 111, L.P., CITY OF 'DUBLIN A CALIFORNIA LIMITED PARTNERSHIP By: By: . ..... Typed or Printed Name Title mm Typed or Printed Name Title ii Date Page 6 of 7 Page 7 of 7 State of California County of Contra Costa On January 3rd, 2014 before me, Sarah Langmayer, Notary Public (insert name and title of the officer) personally appeared Richard M. Nelson who proved to me on the basis of satisfactory evidence to be the person) whose nameo) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/-her/their authorized capacity(ies)-, and that by his/herlth eir signature) on the instrument the person(), or the entity upon behalf of which the person(") 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. SAGtAii L "NGM-&AY�ER WITNESS, my hand and official seal. # 19372301 Commission # 1937230 z 'may Notary Public - California z Contra Costa County z MY'0MM. Expires jun 16, 2015 C Signatu (Seal) 9 - TO LrI ;w IL 6m (1) Z 2N, [o CS t EL r to ted vY 9 t X "i w z LLI Z CO LLI F- 2! w w w RESOLUTION NO. — 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARK LAND DEDICATION IN -LIEU CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8140, JORDAN RANCH, NEIGHBORHOOD 2 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, Toll CA III, L.P., a California Limited Partnership, is filing Tract 8140 Final Map for developing 40 residential dwelling units constructed on 40 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 8140 are 1) Dedication of 0.2800 acres of Community Park Land or payment of $296,520.00 in Community Park Land In -Lieu Fees, and 2) Dedication of 0.1200 acres Neighborhood Park Land or payment of $152,600.00 in Neighborhood Parkland In -Lieu Fees; and WHEREAS, Developer has possession of credits for 0.2800 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 8140; and WHEREAS, Developer has possession of credits for 0.1200 acres of Neighborhood Park Land credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 8140; NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.2800 acres of Community Parkland Credits and the application of 0.1200 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. PASSED, APPROVED AND ADOPTED this 21st day of January, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 1 ATTEST: City Clerk Mayor GADEVELOPMENT, PRIVATE \Jordan Ranch FCN #985 - T- 8140 - 8142 \City Council & Planning Commission\FM 8140 \Reso_parkland dedication - Tr 8140.doc