HomeMy WebLinkAboutItem 4.02 Persimmon Place PM 10276 or
19 82 STAFF REPORT CITY CLERK
CITY COUNCIL File #600-60
DATE: April 7, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Approval of Parcel Map 10276 and Improvement Agreement and Agreement for
Long-Term Encroachment for Landscape Features for Persimmon Place
(Regency Village at Dublin, LLC)
Prepared by Jayson Imai, Senior Civil Engineer
EXECUTIVE SUMMARY:
Regency Village at Dublin, LLC is filing Parcel Map 10276 (Persimmon Place) to create five
parcels for commercial retail development. Parcel Map 10276, Persimmon Place is bounded on
the north by Dublin Boulevard, on the east by Hacienda Drive, on the south by Martinelli Way,
and on the west by Arnold Road.
FINANCIAL IMPACT:
The developer has signed an Improvement Agreement and has posted bonds to guarantee the
construction of frontage improvements associated with Parcel Map 10276. The Performance
Bond and Labor & Materials Bond amounts are for 100% of the estimated cost to construct the
improvements. Bond amounts are summarized in the table below.
Purpose of Bond, Bond plumber, Amount of Bond
Off-Site Improvements — Faithful 186555 $1,050,000.00
Performance
Off-Site Improvements — Labor& Materials 186555 $1,050,000.00
The developer will be responsible for all construction inspection costs related to the
improvements required for Parcel Map 10276. The Property Owners' Association will be
responsible for maintaining the project-related landscape features within the public right-of-way
and for maintaining stormwater treatment measures constructed with this project.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving Parcel Map 10276 and
Improvement Agreement for Persimmon Place; and adopt the Resolution Approving the
Agreement for Long-Term Encroachment for Landscape Features for Parcel Map 10276,
Persimmon Place.
Page 1 of 2 ITEM NO. 4.2
Reviewed By
Public Works Director
DESCRIPTION:
Regency Village at Dublin, LLC, a Delaware Limited Liability Company, is filing Parcel Map
10276 to subdivide Parcel 3 of Parcel Map 8262 into five parcels for commercial retail
development (Attachment 1). Parcel Map 10276 dedicates public street rights-of-way for Dublin
Boulevard, Hacienda Drive and Martinelli Way. The Final Map also dedicates two traffic signal
easements to facilitate traffic signal modifications on Dublin Boulevard and Martinelli Way at the
signalized entrances to the retail center. Parcel Map 10276 has been reviewed and found to be
in conformance with the Vesting Tentative Parcel Map and Conditions of Approval adopted by
Planning Commission Resolution No. 13-40 on November 12, 2013.
The Developer has submitted an executed Improvement Agreement, together with the required
Faithful Performance and Labor & Material Bonds.
The Agreement for Long-Term Encroachment for Landscape Features for Parcel Map 10276,
Persimmon Place provides for the Property Owners' Association to maintain project-related
landscape features within the public right-of-way along the project boundary streets, including
planter strips, sidewalks and street trees.
Staff has prepared a Resolution Approving Parcel Map 10276 and Improvement Agreement for
Persimmon Place, (Attachments 2 and 3); and a Resolution Approving the Agreement for Long-
Term Encroachment for Landscape Features for Parcel Map 10276, Persimmon Place
(Attachments 4 and 5).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Approval of the Parcel Map is
affirmation of the Parcel Map's concurrence with the approved Tentative Map. Copies of this
report have been provided to Regency Village at Dublin, LLC.
ATTACHMENTS: 1. Reduced Copy of Parcel Map 10276
2. Resolution Approving Parcel Map 10276 and Improvement
Agreement for Persimmon Place
3. Exhibit "A" to Resolution, Improvement Agreement for Parcel Map
10276, Persimmon Place
4. Resolution Approving the Agreement for Long-Term Encroachment
for Landscape Features for Parcel Map 10276, Persimmon Place
5. Exhibit "A" to Resolution, Long-Term Encroachment Agreement for
Parcel Map 10276, Persimmon Place
Page 2 of 2
PARCEL MAP 10276
CONSISTING OF 6 SHEETS
BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP 8262,
RECORDED JUNE 19, 2007,IN BOOK 298 OF MAPS AT PAGES 69
THROUGH 78,INCLUSIVE, ALAMEDA COUNTY RECORDS,
AND LYING ENTIRELY WTHIN THE
CITY OF DUBLIN
ALAMEDA COUNTY,STATE OF CALIFORNIA
FEBRUARY 2015
C' Carwho
Shaping the Future
SACRAMENTO
701 UNIVERSRY AVENUE SURE 200,SACRAMENTO CA 95825
TEL(916)s 23190 FA (916)92x6251 www.�mBO.�om
OWNER'S STATEMENT OWNER'S ACKNOWLEDGEMENT
THE UNDERSIGNED,HEREINAFTER REFERRED TO AS"OWNER"DOES HEREBY STATE THAT THEY ARE THE OWNERS OF
ALL THE LANDS DELINEATED AND EMBRACED WITHIN THE HEAVY BROKEN UNE BY THREE(3)SHORT DASHES UPON STATE OF CALIFORNIA
BONG UPON SHEET ONE(R)ETHEREOF,AND6CONSENTSLiO THE PREPARATION AND FILIFILING LIIG OF)TIiIS MAP. STATEMENT COUNTY OF CITY OF DUBLIN
ON ------------- 2015, BEFORE ME ------------- A NOTARY PUBUC, PERSONALLY APPEARED a
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBUC PURPOSES: THE AREAS OF LAND WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME SITE
DESIGNATED AS PARCELS A,B.C AND D AS PUBUC STREETS. IS SUBSCRIBED i0 THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS
AUTHORIZED CAPACITY,AND BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON,OR ENTITY UPON BEHALF OF WHICH
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBUC PURPOSES: THE AREAS OF LAND THE PERSON ACTED,EXECUTED THE INSTRUMENT. DUBLIN BLVD
DESIGNATED AS"TRAFFIC SIGNAL EASEMENT"(TSE)IS FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF
UNDERGROUND UTUTY STRUCTURES AND TRAFFC SIGNALS,AND ALL RELATED APPURTENANCES.SAID AREAS SHALL I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING
BE OWNEO AND MAINTAINED BY REGENCY VILLAGE AT DUBLIN,LLC,A DELAWARE UMITED LIABILITY COMPANY. PARAGRAPH IS TRUE AND CORRECT
THE REAL PROPERTY DESIGNATED AS°60'NO—BUILD EASEMENT"IS FOR THE PURPOSE OF RESTRICTING CONSTRUCTION WITNESS MY HAND:
OF STRUCTURES,SAID AREAS ARE TO BE KEPT OPEN AND FREE FROM STRUCTURES OF ANY KIND,SAID EASEMENTS 580
ARE NOT OFFERED FOR DEDICATION TO THE PUBLIC. SIGNATURE:
OWENS DR
THE REAL PROPERTY DESCRIBED HEREIN IS ALSO SUBJECT TO THAT CERTAIN DECLARATION OF COVENANTS, NAME(TYPED OR PRINTED),NOTARY PUBUC IN AND FOR SAID
CONDITIONS, AND RESTRICTIONS (CC&R'S) THAT GOVERN THIS SUBDIVISION AND ANY ATTACHMENTS THERETO COUNTY AND STATE.
APPROVED IN ACCORDANCE WITH THEIR TERMS.
PRINCIPAL COUNTY OF BUSINESS:
THE MAP SHOWS OR NOTES ALL EASEMENTS OF RECORD WITHIN THE BOUNDARY UNES OF THE HEREIN EMBODIED MAP. COMMISSION EXPIRES: CITY OF PLEASANTON
IN WITNESS THEREOF THE UNDERSIGNED HAVE EXECUTED THIS STATEMENT ON THE _ DAY OF
------2015 COMMISSION#OFNOTARY:____---_---------------- VICINITY MAP
AS OWNER: N.T.S.
BY:REGENCY VILLAGE AT DUBLIN,LLC,A DELAWARE LIMITED UABIUTY COMPANY
BY: DATE:
PRINTED NAME: COUNTY RECORDER'S STATEMENT
TITLE: FILED FOR RECORD THIS DAY OF 20___,AT
SERIES NO. IN BOOK OF PARCEL MAPS AT
PAGES THROUGH UNDER SERIES NO. AT THE REQUEST OF CHICAGO
TIRE COMPANY,IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ALAMEDA,STATE
OF CALIFORNIA.
FEE f
PATRICK J.O'CONNELL,COUNTY RECORDER IN AND FOR
THE COUNTY OF ALAMEDA,STATE OF CAUFORNIA
BY
DEPUTY COUNTY RECORDER
SHEET INDEX
SHEET 1-CERTIFICATE SHEET
SHEET 2-CERTACATE SHEET
SHEET 3-BOUNDARY,EXISTING EASEMENT,PARCELS,AND INDEX MAP
SHEET 4-PARCELS 1,A.AND B
SHEET 5-PARCELS 2,3,4,5,C AND D
SHEET 6-DETAILS G.H.AND I
CARDNO PROJECT#5120042000 SHEET 1 OF 6
SURVEYOR'S STATEMENT SOILS REPORT CITY CLERK'S STATEMENT
THI5 MAP WAS PREPARED BY ME OR UNDER NY DIRECPON,AT THE REQUEST OF REGENCY VILLAGE AT DUBLIN,LLC,A SOIL AND GEOTECHNICAL INVESTGATON AND REPORTS FILED WITH THE CITY OF DUBLIN: I,CAROUNE SOTO,CITY CLERK AND CLERK OF THE COUNCIL OF THE CITY OF OUBUN,COUNTY OF ALAMEDA,STATE OF
DELAWARE UMITED LIABILITY COMPANY. IT IS BASED UPON A FIELD SURVEY PERFORMED BY ME OR UNDER MY CAUFORNIA, DO HEREBY STATE THAT THE HEREIN EMBODIED PARCEL MAP ENPTLED: "PARCEL MAP 10276",
DIRECTION IN DECEMBER 2012,IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL 1. GEOTECHNICAL INVESTGATON, PREPARED FOR PEOPLESOFT, INC., PREPARED BY TREADWELL& ROLLO DATED CONSISTING OF SIX(6)SHEETS,THIS STATEMENT BEING UPON SHEET ONE(1)THEREOF,WAS PRESENTED TO SAID
ORDINANCE, AND IS TRUE AND COMPLETE AS SHORN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY APRIL 23,1998,PROJECT NO.2275.01. COUNCIL AS PROVIDED BY LAW AT A MEETING HELD ON THE OAY OF 2015,
CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP (IF ANY), THAT ALL MONUMENTS ARE OF THE RESOLUTION NO. AND THAT SAID COUNCIL DID THEREUPON APPROVE SAID PARCEL MAP AND DID
CHARACTER AND OCCUPY THE POSITIONS INDICATED,AND THAT SAID MONUMENTS ARE SUFFICIENT i0 ENABLE THE 2. GEOTECHNICAL INVESTGATGN,PREPARED FOR IKEA PROPERTY,INC.,PREPARED BY TREADWELL&ROLLO,DATED ACCEPT,SUBJECT i0 IMPROVEMENT,ON BEHALF OF THE PUBUC,THOSE AREAS OF LAND DESIGNATED AS PARCELS A,
SURVEY i0 BE RETRACED.THE GROSS AREA WITHIN THE TRACT IS 14.32 ACRES,MORE OR LESS. JUNE 25,2003,PROJECT NO.3671.01 B,C.0,AND"TRAFFIC SIGNAL EASEMENT"(TSE).
3. GEOTECHNICAL INVESTGATON AND PAVEMENT DESIGN,PREPARED FOR PAN PACIFIC PROPERTIES TRUST,PREPARED FURTHER CERTIFY,IN ACCORDANCE WITH ARTICLE 2,SECTION 66434(9)OF THE SUBDIVISION MAP ACT.THE
BY UNITED SOIL ENGINEERING,INC.,DATED MAY 25,2006,FILE NO.5675-SI. ABANDONMENT OF THE EASEMENTS NOTED ON SHEET 2 OF THIS MAP.
GATED: 2015 y�0 LAND S GEOTECHNICAL INVESTGATON PREPARED FOR REGENCY CENTERS,PREPARED BY BAGG ENGINEERS,INC.,DATED
D.IAN WILSON,LS.Na.7010 JULY 26,2012,JOB NO.REGEN-09-00. I FURTHER STATE THAT ALL AGREEMENTS AND SURETY AS REQUIRED BY LAW i0 ACCOMPANY THE WITHIN PARCEL
o MAP HAVE BEEN APPROVED BY THE CITY COUNCIL OF THE CITY OF DUBLIN AND ARE FILED IN MY OFFICE.
D.IAN WILSON P
* L.S. 7010 * PRE NOTES IN WITNESS WHEREOF,I HAVE HEREUNTO SET MY HAD THIS DAY OF 2015
1. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "NOTICE OF AGREEMENT TO PROWDE SCHOOL
'rs 2P FACILITIES MITIGATION"DATED APRIL 23,1996,EXECUTED BY ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
9lF OF CA�V AND DUBUN UNIFIED SCHOOL DISTRICT,RECORDED MAY 23, 1996, INSTRUMENT NO. 96124923, OF OFFICIAL
RECORDS.REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS.SAID NOTICE WAS REWSED CAROLINE SOTO
BY THE INSTRUMENT RECORDED MAY 16,1997,INSTRUMENT NO.97123056,OFFICIAL RECORDS. CITY CLERK AND CLERK OF THE
CITY COUNCIL OF THE CITY OF DUBLIN,
ACTING ASSISTANT CITY ENGINEER'S STATEMENT 2. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICTIONS BUT OMITTING ANY COUNTY OF ALAMEDA,STATE OF CAUFORNIA
HEREBY STALE THAT HAVE EXAMINED THIS MAP ENTTEO"PARCEL NAP 10276 AND AM SATISFIED THAI THIS COVENANTS OR RESTRICTIONS,IF ANY, INCLUDING,BUT NOT UMITED i0 THOSE BASED UPON RACE,COLOR,
MAP I TECHNICALLY CORRECT. RELIGION, SEX, SEXUAL ORIENTATION, FAMIUAL STATUS, MARITAL STATUS, DISABIUTY, HANDICAP, NATIONAL
ORIGIN,ANCESTRY,OR SOURCE OF INCOME,AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS,EXCEPT
TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPUCABLE LAW. RECORDED:
DATED: 2015 SEPTEMBER 24,1996,INSTRUMENT NO.96244777,OF OFFICIAL RECORDS. CLERK OF THE BOARD OF SUPERVISORS' STATEMENT
JAMES ZUMWALT,R.C.E.NO.32371 I, ANIKA CAMPBELL-BELTON,CLERK OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF ALAMEDA, STATE OF
ACING ASSISTANT CITY ENGINEER 3. WAIVER OF CLAIMS OR DAMAGES TO SAID PROPERTY BY REASON OF THE LOCATION, CONSTRUCTION, CALIFORNIA,00 HEREBY STATE,AS CHECKED BELOW,THAT:
CITY OF DUBLIN,ALAMEDA COUNTY,CAUFORNIA LANDSCAPING MAINTENANCE OR MAINTENANCE OF THE FREEWAY IN THE VICINITY OF SAID PROPERTY, AS
CONTAINED IN THE DEED i0 THE STATE OF CALIFORNIA,RECORDED MAY 2,1944,INSTRUMENT NO.RR-26599, ❑ AN APPROVED BOND HAS BEEN FILED WITH THE BOARD OF SUPERVISORS OF THE SAID COUNTY AND STATE IN
BOOK 4549,PAGE fib,OF OFFICIAL RECORDS. THE AMOUNT OF$ CONDITIONED FOR THE PAYMENT OF ALL TAXES AND SPECIAL
ASSESSMENTS COLLECTED AS TAXES,APPROVED BY SAID LOCAL BOARD IN SAID AMOUNT.
4. AN UNRECORDED MEMORANDUM OF LEASE WITH CERTAIN TERMS,COVENANTS,CONDITIONS AND PROVISIONS SET
FORTH THEREIN AS DISCLOSED BY THE DOCUMENT RECORDED OCTOBER 14, 2013 AS INSTRUMENT N0. ❑ ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES HAVE BEEN PAID AS CERTIFIED BY 1HE
2013330797 OF OFFICIAL RECORDS TREASURER-TAX COLLECTOR OF THE COUNTY OF ALAMEDA.
5. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTTED 'RESTRICTIVE COVENANT - FEE CREDIT IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND
REIMBURSEMENT:,DATED JANUARY 27,2014,RECORDED JANUARY 31,2014 AS INSTRUMENT NO.2014026556
OF OFFICIAL RECORDS. DATED: 2015
ANIKA CAMPBELL-BELTON
6. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT ENTRED `AGREEMENT PERMITTING RE-ALLOCATION OF CLERK OF THE BOARD OF SUPERVISORS
REGIONAL AND LOCAL SEWER CAPACITY:DATED APRIL 15,2014,RECORDED MAY 19,2014 AS INSTRUMENT NO. COUNTY OF ALAMEDA,STATE OF CAUFORNIA
2014123440 OF OFFICIAL RECORDS.
By
7. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT DEPUTY COUNTY CLERK
CITY ENGINEER'S STATEMENT ENTITLED:AGREEMENT PERMITTING RE-ALLOCATION OF REGIONAL AND LOCAL SEWER CAPACITY
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP ENTITLED "PARCEL MAP 10276",AND THAT THE SUBDIVISION DATED:JUNE 17,2014
SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED TENTATIVE PARCEL MAP AND ANY EXECUTED BY:DUBLIN SAN RAMON SERVICES DISTRICT,A PUBLIC AGENCY IN THE COUNTIES OF ALAMEDA AND
APPROVED ALTERATIONS THEREOF;AND THAT ALL PROVISIONS OF STATE LAW AND LOCAL ORDINANCES APPLICABLE AT CONTRA COSTA,CAUFORNIA;CITY OF DUBLIN,A GENERAL LAW CITY IN THE COUNTY OF ALAMEDA AND
THE THE OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPILED WITH. REGENCY VILLAGE AT DUBUN,LLC,A DELAWARE UMITED UABIUTY COMPANY
RECORDING DATE:OCTOBER 29,2014
DATED: 2015 RECORDING NO 2014262155 OF OFFICIAL RECORDS
ANDREW RUSSELL,R.C.E.NO.61348 REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
CITY ENGINEER
CITY OF DUBLIN,ALAMEDA COUNTY,CAUFORNIA 8. MATTERS CONTAINED IN THAT CERTAIN DOCUMENT
ENTITLED:AGREEMENT PERMITTING RE-ALLOCATION OF REGIONAL AND LOCAL SEWER CAPACITY RIGHTS
DATED:SEPTEMBER 2,2014
EXECUTED BY:DUBLIN SAN RAMON SERVICES DISTRICT,A PUBUC AGENCY,CITY OF DUBUN,A GENERAL LAW
CITY,REGENCY VILLAGE AT DUBLIN,LLC AND URBAN PLATES LLC
RECORDING DATE:DECEMBER 29,2014
RECORDING NO.:2014316711 OF OFFICIAL RECORDS
REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PARCEL MAP 1 0 A 1 7 w
CONSISTING OF 6 SHEETS
SIGNATURE OMISSION /V=
EASEMENTS TO BE ABANDONED BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP 8262,
PURSUANT i0 SECTION 66436 OF THE STATE OF CALIFORNIA SUBDIVISION MAP ACT, THE SIGNATURES OF 1Ht RECORDED JUNE 19, 2007,IN BOOK 298 OF MAPS AT PAGES 69
FOLLOWING PARTIES HAVE BEEN OMITTED: PURSUANT i0 GOVERNMENT✓,)66434(g), THE EASEMENTS AND PORTIONS OF EASEMENTS USTED BELOW, AS THEY THROUGH 78,INCLUSIVE, ALAMEDA COUNTY RECORDS,
AFFECT THE PARCELS BEING SUBDIVIDED HEREON, ARE ABANDONED BY THIS MAP. SAID EASEMENTS ARE SHOWN AND LYING ENTIRELY WITHIN THE
NONE OF RECORD HEREON:
CITY TI OF DUBLIN
I. 10'PUBUC SERVICE EASEMENT AROUND THE PERIMETER OF PARCEL 3 AS SHOWN ON PARCEL MAP 8262,
RECORDED JUNE 19,2007 IN BOOK OK 2 ALAMEDA COUNTY,STATE OF CALIFORNIA
298 OF PARCEL MAPS AT PAGES 69 i0 78. FEBRUARY 2015
2. SIDEWALK EASEMENT(SWE)ALONG THE NORTH SIDE OF MARTNELLI WAY,AS AS SHOWN ON PARCEL MAP 8262,
RECORDED JUNE 19,2007 IN BOOK 298 OF PARCEL MAPS AT PAGES 69 i0 78. / ca/ 6///Q
3. TRAFFIC 9GNAL EASEMENT(TSE)ALONG THE NORTH SIDE OF MARTNELLI WAY,AS AS SHORN ON PARCEL MAP Shaping the Future
8262,RECORDED JUNE 19,2007 IN BOOK 298 OF PARCEL MAPS AT PAGES 69 TO 78. SACRAMENTO
701 UNKE STYAVENUE SUITE 200,SACRAMENTO,CA 95825
TEL'.(916)692,3100 FAX(916)923-6251 vrvnntcerdno.mm
CARDNO PROJECT#5120042000 SHEET 2 OF 6
LIMITS SHEET 4 OF 6
LIMITS SHEET 5 OF 6 EASEMENT NOTES'.
THE FOLLOWING EASEMENT WAS CREATED PRIOR TO RECORDING OF
LS 5797 PM 7714(R3) DUBLIN BOULEVARD LS 5797 PER PM 6879(R2) THISMAP BYSEPARATE DOCUMENTAND IS INTENDED TO REMAIN IN
N88°16106"W 1506.90'(1505.91)(R1)-BASIS OF BEARING EFFECTAFTER THE RECORDING OF THIS MAP.
1 �9q 026 501'43'55"W °'S°'01� EASEMENTA DOCUMENRT RECORDED DECEMBERS 014D BY
N46'02'26"E 1q,.7L 588'16'05"E 1004.02' 21.00' �b�1q,�'SA AS SERIES 2014298889.
56.20' -nz---------- _
----- _-_ --_ ---_ -- z —
_ 588°16'06"E 301.31'
Z _�_��� 542'49'18"E REFER TO THE DOCUMENT FOR PARTICULARS AND DIMENSIONS THE
I_ 71 _� 22.23' EASEMENT IS SHOWN HEREON IN ACCORDANCE WITH SUBDIVISION MAP
ACT§66434(8).
of I PARCEL A L J -- - EASEMENT A
SEE DETAIL --
I N SHEET 4 OF 6 EASEMENT A- 1
FOR DIMENSIONS
EL D
PARC
p NI PARCEL 1 I I 7 PARCEL 2 I SEE DETAIL SHEET 5 1� >
zl EASEMENTA
o.- 1/I FOR DIMENSIONS m
cje I
pm I I 4 Z
/ W
zw j 588'36'25"E /� I ly U
ll� ml 00' I/ PARCEL C
PARCEL
_
Q�I
wI PARCEL SEE DETAIL SHEET I I�
m1I PARCEL B II 5 I 5 OF 6 --
1 SEE DETAIL I N43'40'26"WI FOR DIMENSIONS �__PARCEL 4 N43°26'16 W L12 N1.46' 88'1 R1 RW 30=9I EASEMENTA EASEMENTA 514°47'29'W ]Jl
SHEET 4 OF 6 ( )( )
z 03' N76°67'29'
FOR DIMENSIONS —— —
'W 687,98' 86.68' =l4 01''OS"W 267.16'(267.19')( 1) -
3.88 L-14.01' N86°50'09"W 2fi3.fi2' 547'1041"W
27.39' R=18.00' R=18.00' L-32.67' L-27.84' N88°16'60"W
1 R=166.50' R=142.50' 34.64'
N01°23'36"E 14.00' 4=75°69'66" 4=44°3639" A-11°12'24" A-11°1139" 12.14'
N88°16'06"W 1507.93'(1507.94')(R1)
LS 7139 PER PM 8262(RI) MARTINELLI WAY LS 7139 PER PM 8262(R1)
BOUNDARY. EXISTING EASEMENT, PARCELS AND INDEX MAP
SCALE 1"=700'
100 50 D 10D PARCEL MAP 10276
BASIS OF BEARINGS CONSISTING OF 6 SHEETS
THE BEARING N 88°16'05°W ALONG DUBUN BOULEVARD AS SHOWN ON PARCEL MAP 8262,FILED JUNE 19,2007 IN BOOK 298 OF LEGEND BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP 8262,
MAPS AT PAGES 69 THROUGH 78,INCLUSIVE,ALAMEDA COUNTY RECORDS,WAS USED AS THE BASIS OF BEARINGS FOR THIS PARCEL RECORDED JUNE 19, 2007,IN BOOK 298 OF MAPS AT PAGES 69
MAP. MONUMENTED LINE IN STREETS THROUGH 78,INCLUSIVE,ALAMEDA COUNTY RECORDS,
----�---- —SUBDIVISION BOUNDARY AND LYING ENTIRELY WTHIN THE
NOTES ------- -PARCEL BOUNDARY CITY OF DUBLIN
1. THE DIS7INCTVE BORDER UNE INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP,AND CONTAINS 14.32 - — — —— - -EXISTING EASEMENT ALAMEDA COUNTY,STATE OF CALIFORNIA
ACRES.DISTANCES AND DIMENSIONS SHOWN HEREON ARE GIVEN IN FEET AND DECIMALS THEREOF. -EASEMENT DEDICATED HEREON FEBRUARY 2015
--------------------- -NO-BUILD EASEMENT
MAP REFERENCES —TIE NID
Q —FOUND STANDARD CITY MONUMENT BOX
/
(RI)PARCEL MAP 8262,FILED JUNE 19,2007 IN BOOK 298 OF MAPS AT PAGES 69 THROUGH 78,ALAMEDA COUNTY RECORDS. TAGGED TA NOTED Shaping the Future
(R2)PARCEL MAP 6879,FILED NOVEMBER 4,1996 IN BOOK 225 OF MAPS AT PAGES 67 THROUGH 75,ALAMEDA COUNTY RECORDS. PSE —PUBLIC SERVICE EASEMENT P 9
(R3)PARCEL MAP 7714,FILED AUGUST 1,2001 IN BOOK 260 OF MAPS AT PAGES 30 THROUGH 33,ALAMEDA COUNTY RECORDS. AC -ACRES SACRAMENTO
TEE -TRAFFIC SIGNAL EASEMENT 7MUNPM;SDVAVENUESUf1E200,SACRAMENTO,CA95025
(R) -RADIAL TEL(916)692,3100 FAX(916)923-6251 wxH.cardno.mm
SF -SQUARE FEET
(R1) -MAP REFERENCE(TYP.)
cARDNO PROJECra'.5120042000 SHEET 3 OF 6
BASIS OF BEARINGS
N.,6'05"W 1004.02' THE BEARING N 88'1605"W ALONG OUBUN BOULEVARD AS SHOWN ON PARCEL MAP
�'h�-- -- _ INCLU ALED JUNE 19, 2007 IN BOOK 298 OF MAPS AT PAGES fig THROUGH 78,
INCLUSIVE,ALAMEDA COUNTY RECORDS,WAS USED AS THE BASIS OF BEARINGS FOR
-- _.�- N01°43'55"W 3.50' �m 11TI5 PARCEL MAP.
288°ifi'05"W 12229' ale
DETAIL ' NOTES
PARCEL A 288°i&05"W 885.fi3'1�- SCALE 1"=60' 1. THE DISTINCTIVE BORDER UNE INDICATES THE BOUNDARY OF THE LAND BEING
SUBDIVIDED BY THIS MAP,AND CONTAINS 14.32 ACRES.DISTANCES AND
1-10 60 30 0 60 DIMENSIONS SHOWN HEREON ARE GIVEN IN FEET AND DECIMALS THEREOF.
7,124 SQ FT/
0.16 ACRES
MAP REFERENCES
N88'16'05"W 1505.90(1505.91')(RI)-BASIS OF BEARING (RI) PARCEL MAP 8262,FLED JUNE 19,2007 IN BOOK 298 OF MAPS AT PAGES
69 THROUGH 78,ALAMEDA COUNTY RECORDS.
+6, (R2) PARCEL MAP 6879,HIED NOVEMBER 4,1996 IN BOOK 225 OF MAPS AT
oo DUBLIN BOULEVARD PACES 67 THROUGH 75,ALAMEDA COUNTY RECORDS.
9q'.26.11 (R3) PARCEL MAP 7714,FILED AUGUST 1,2001 IN BOOK 260 OF MAPS AT PAGES
N46'02'26"E v --- 30 THROUGH 33,ALAMEDA COUNTY RECORDS.
56.20' 5.59' ._= S88'16'15"E 11/4.oz'
N11'16'05"W 122.29' ---- ------------r -
/ ------- N88'16'05"W 636.93'--- ^
�F 201°43'55"E 3.50' -- T 34974355E
PARCEL A =56 89' }
R=130.00'
SEE DETAIL ABOVE 4=32'35'44"� /
f � f
N LEGEND
I �—J
w' �/o-� —MONUMENTED LINE IN STREETS
--------- —SUBDIVISION BOUNDARY
ml NORTHERLY TRAFFIC SIGNAL PARCEL BOUNDARY
PARCEL 7 EASEMENT CREATED HEREON EXISTING EASEMENT
z 325,347 SO FT/ SEE DETAIL"H' SHEET 6 OF 6 �� PARCEL Z _____------ —EASEMENT DEDICATED HEREON
Q 7.47 ACRES FOR DIMENSIONS = ------------------- - -NO-BUILD EASEMENT
1
1 i -TIE LINE
Q
E ' Q -FOUND STANDARD CITY MONUMENT BOX
O ------------------------ TAGGED AS NOTED
___________________________________________________ __________________________
Q/ o L=36.99' PSE -PUBLIC SERVICE EASEMENT
R=100.00' AC -ACRES
0 N 60'NO-BUILD EASEMENT 4=21'11'40" TSE -TRAFFIC SIGNAL EASEMENT
SEE DETAIL I,. _
J °m SHEET 6 OF 6 FOR DIMENSIONS (R) RADIAL
O �
-------------------------------------------- ^ SF —SQUARE FEET
Z _
Z m _ -- RI —MAP REFERENCE TYP.
S88°36'25"E ( ) ( )
N 11.00'
Q z °ml L=19.90'
R=100.00' PARCEL 5 I
4=11°24'04" I
NI SOUTHERLY TRAFFIC SIGNAL r N
EASEMENT CREATED HEREON 1
SEE DETAIL"G"SHEET 6 OF 6 1
FOR DIMENSIONS I I
S14°47'29"W ) <�
1 1.03'
PARCEL B L=21.45' z
R=18.00' 41.21'
243'26'15"W SEE DETAIL BELOW 4=65'05'44"
25.94' 289°08'29"W 592.40' _ 288'16'05"W
86.58'
------ Nag°'237WSB7.9B`SB7.97"R" 8180 PARCEL MAP 10276
243°2 el5"w =z3 aa' R=1a oo' PARCEL C
27.39' R=18.00' 4=44°35'39"
0=75'59'55" CONSISTING C 6 SHEETS
T BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP 8262,
201'23'35"E 14.00' RECORDED JUNE 19, 2007,IN BOOK 298 OF MAPS AT PAGES 69
THROUGH 78,INCLUSIVE,ALAMEDA COUNTY RECORDS,
N88°16'05"W 1507.93'(1507.94')(R1) AND LYING ENTIRELY VATHIN THE
MARTINELLI WAY CITY OF DUBLIN
ALAMEDA COUNTY,STATE OF CALIFORNIA
FEBRUARY 2015
A-65'05'44"
'o L=20.45"
R=18.00' �/'[�/7�
289°08'29"W 59240' 4=10'54'11" °
J Sham the Future
_243°26'15-'W 1.45' --- R-1843 Shaping
L=3 00
—.A, PARCELS 1, A, AND B
______--- __-- SACRAMENTO
289°12'37"W 587.98 —� (OVERALL) 701 UNNERSRYAbENUESUNE 200,SACRAMENTO,CA 95925
DETAIL 4=75°59'55° TEL:(919)692-3100 FAX:(916)923E281 www—dn.-
L=23.88'
PARCEL B R=18.00'
"-2' SHEET 4 OF 6
CARDNO PROJECT#'.5120042000 403 SQ FT/0.01 ACRES
LEGEND
MONUMENTED LINE IN STREETS
----�---- -SUBDIVISION BOUNDARY
------- -PARCEL BOUNDARY
EXISTING EASEMENT
EASEMENT DEDICATED HEREON
,I- N88'1605 W1505.90(1505.91')(R1)-BASISOFBEARINGS --------------------- -NO-BUILD EASEMENT
-TIE LINE
PARCEL A 501'4' Q STANDARD MONUMENT BOX
--_OF 6DETAIL
FOR IDIMENET 4 �5. DUBLIN 3BOU LEVARD 54245 PSE -PUBLIC SERVICE EASEMENT
355'W SIONS 1.00 ____________ _ _ AC -ACRES
NORTHERL�, 22425 TSE -TRAFFIC SIGNAL EASEMENT
1605 W 248.70'N01°43'55"E - 7706 18"E (R) -RADIAL
34.97' I 22.23'
+ � N1°43"55'E 33.58' SF -SOUARE FEET
Y TRAFFIC SIGNAL N1°11'51'E I (R7) -MAP REFERENCE(TYP.)
EASEMENT CREATED HEREON 11.58'
/ N8I'43"55"W 4.50'
} SEE DETAIL"H"SHEET fi OF 6 N1°43"55'E 31.00'
L=56.89' FOR DIMENSIONS
R-100.00' N1°43"55'E 3100' N88°1605'W 63.00'
L- J 4=32'35'44"
�- _____ BASIS OF BEARINGS
PARCEL i /p N88016'.5"W 143.00' THE BEARING N 88°16'05°W ALONG DUBUN BOULEVARD AS SHOWN ON PARCEL MAP
-F NII \ 8262,FILED JUNE 19, 2007 IN BOOK 298 OF MAPS AT PAGES fig THROUGH 78,
al � INCLUSIVE,ALAMEDA COUNTY RECORDS,WAS USED AS THE BASIS OF BEARINGS FOR
`L m I W II I THIS PARCEL MAP.
PARCEL 3 LLJ N1 NOTES
PARCEL 2 78,455 SO FT/ o I� \\ 1
1fi2,781 SO FT/ gl 1.80 ACRES �,II / )= 1. THE DIS71NC71VE BORDER LINE INDICATES THE BOUNDARY OF THE LAND BEING
_ 1 E
zl PARCEL D °zl w SUBDIVIDED BY THIS MAP,AND CONTAINS 14.32 ACRES.DISTANCES AND
i 3.74 ACRES I° PARCEL 3 DIMENSIONS SHOWN HEREON ARE GIVEN IN FEET AND DECIMALS THEREOF.
N88'16'OS"W 4817' SEE DETAIL Ai RIGHT Q
--------------_________________________ _____________________________________ <
MAP REFERENCES
L=36.99' ��v �1
R=100.00' 60'NO-BUILD EASEMENT °o I 3 Q - (R7) PARCEL MAP 82fi2,FILED JUNE 19,2007 IN BOOK 298 OF MAPS AT PAGES
°� 0-21'11'0" SEE SHEET 6 OF fi FOR Z R2 PAR ELOMAP 6871,LFLEDA NOVEMBER R4,1116 IN BOOK 225 OF MAPS AT
M
m
�n 40 DIMENSIONS �' ( )
W ____ 99' w w o l 1 PAGES 67 THROUGH FILED ALAMEDA COUNTY RECORDS.
^ _____________________________________ ___________ _ o_________________________________________
__N88°23'56"W 54
3°10"3TE 14.00' 1� (R3) PARCEL MAP 7714,FILED AUGUST 1,2001 IN BOOK 260 OF MAPS AT PAGES
N88'16'05"W 1 30 THROUGH 33,ALAMEDA COUNTY RECORDS.
° N88°21'44"W 72 56' <I 6.04' Q
ZI
L=19.80' DETAIL
4
R-100 124'04'� 2N 9672 SO F5 WI SOUTHERLY TRAFFIC SIGNAL N88°16N05"W 43.29--------N1°43"55'E 1600'5 73��1 PARCEL D
N88
1 /0.45 ACRES EASEMENT CREATED HEREON 1800'
SEE DETAIL G SHEET 6 OF fi <I 733 SO FT 1�
FOR DIMENSIONS °I N88'16'OS"W 256.52' / II
IN °al L=33.31' wl 0.02 ACRES 1
3 ZI
I h M PARCEL Naa°16'05°w3zz7' R=200,00' 4 `m1
1
1
o N1°43"55'E28.24' 28,071 SO FT/
1 I I
° N77'20'26"W 46.62' ZI o+ 0.64 ACRES
° 6.11' II SCALE 1"-11,
45.37' �_ N88°23'16"W 122.45' _ _ N88023 1611W 155.01' _
N88°16'05"W -�-- *06 1
86.58' N88°16'05"W257.16'(257.1S)(R1) N76°57,29„w N86°52'59"W 270.48' °' j1 60 JO O 60
N43'40'26"W 36.59' N86'50'09"W 26362' � 547'10'41"W _
=8.29'
1.45(1.4z')(R1) R-18.00' L=3zs7' PARCEL C 3464'
L=5.72' 4=26°22'35" R=166.50' L=27.84' °
R=18.00' 4=111224" R=142.50' N88016'50"W SEE DETAIL BELOW o 1
-,1 4=18 18'13'03" 4=11'11'39" 12.14' PARCEL MAP 10276
- I� N88°16'05"W 1507.93'(1507.94')(R1) CONSISTING OF 6 SHEETS
MARTINELLI WAY BEING A SUBDIV SI)N OF PARCEL 3 OF PARCEL MAP 8262,
PARCEL 5 I 1 RECORDED JUNE 19, 2007,IN BOOK 298 OF MAPS AT PAGES 69
43'40'26VV" I THROUGH 78,INCLUSIVE,ALAMEDA COUNTY RECORDS,
1
1.45'(1.42')(R1) AND LYING ENTIRELY WITHIN THE
o=17'13'03" 1 PARCELS 2. 3. 4. 5, C. AND D CITY OF DUBLIN
ALAMEDA CO IN
UNTY,STATE IN CALIFORNIA
R
L=5 72"1800' I FEBRUARY 2015
N88°23'16'VV'I 27746' _
(OVERALL)
R` 25'25^ PARCEL 2 I I J Cav no
t ��T���-�__ �K✓4662' I I
4=44°35'39" \ � N88°18'05"W _
L=14.01' . )( )
She the Future
257.18'(25719'R1 - 1 Shaping
R=18.00' L=32.57' 1,
L=33.31' PARCEL } ____ .IL6'05
0=26°22'36" R=166.50' �N76° " �--�_R=200.00' 0�i�,`F' 6 O SACRAMENTO
L=8.29" DETAIL go 729"W �� -�__- Nsfi°52'59'W 27fi 59' "�^'°^Ob 701 UNNERSITYAVENUESURE 200,SACRAMENTO,CA 95825
R=18.00' 59' ����� - Al 1 TEL(916)692-3100 FAX:(916)9233251 www.cafdno.o�m
78'
PARCEL C Naa°1s'sG"w ��- ;
1'=70 L=27.84" 12.14' N s°50'09"W
1,282 SG FT/ R=142.50' 263,62- SHEET 5 OF 6
CARDNO PROJECT#'.5120042000 0.03 ACRES
BASIS OF BEARINGS
THE BEARING N 88°16'05°W ALONG OUBUN BOULEVARD AS SHOWN ON PARCEL MAP
8262, FILED JUNE 19, 2007 IN BOOK 298 OF MAPS AT PAGES 69 THROUGH 78,
INCLUSIVE,ALAMEDA COUNTY RECORDS,WAS USED AS THE BASIS OF BEARINGS FOR
THIS PARCEL MAP.
NOTES
I. THE DISDNCBVE BORDER LINE INDICATES THE BOUNDARY OF THE LAND BEING
SUBDIVIDED BY THIS MAP,AND CONTAINS 14.32 ACRES.DISTANCES AND
1
DUBLIN BOULEVARD DIMENSIONS SHOWN HEREON ARE GIVEN IN FEET AND DECIMALS THEREOF.
NBB°,6'05"W 54.52' --------
'�F=2z r-- _ ------ -- MAP REFERENCES
�Im Bter -� PARCEL A _ T -�-- ---
—
Nee°,6'05"W 7600' PARCEL A (RI) PARCEL MAP 8262,FILED JUNE 19,2007 IN BOOK 298 OF MAPS AT PAGES
12.50' 38.00'
7:7-7--i 38.00' B$'-- 69 THROUGH 68 ALAMEDA COUNTY RECORDS.
I' N01°43'55"E
2 I I N88'16'05"W V� (R2) PARCEL MAP 6879,FILED NOVEMBER 4,1996 IN BOOK 225 OF MAPS AT
I I N01'43'15'E 7 5p� 10.00' PACES 67 THROUGH 75,ALAMEDA COUNTY RECORDS.
I L 3 No1'43'S5"E J (R3) PARCEL MAP 7714,FILED AUGUST 1,2001 IN BOOK 260 OF MAPS AT PAGES
I I PARCEL 5 No1'43'S5"E I 2.31' 16'05"W 30 THROUGH 33,ALAMEDA COUNTY RECORDS.
PARCEL 1 (1989 , zso'
ml + I
N I m _ wl PARCEL 1 a I°
�ih o
v
DETAILS G, H. AND I
PARCEL 2
N0,°45'54"E
4.51' NBB°1619"W 7.50' LEGEND
/^o
9.17' 1 LI MONUMENTED LINE IN STREETS
32,04' 5.91' /A ----�---- —SUBDIVISION BOUNDARY
NBB°,fi'05"W Bfi 5" PARCEL C ?�// /� —PARCEL BOUNDARY E XIS 29"W 1.03' _� / / /�^
S14°47' S43°40'26"E __
e/ 2,.BS' / m ----------- —EASEMENT DEDICATED HEREON TING EASEMENT
L 23.88' 1.45'(1.42')(R1) /
R-18.00' 28.,s' ---_� _____________________ —NO-BUILD EASEMENT
0=75'59'55° MARTINELLI WAY L=14 or - ee°,-sro5"was5r
R=18.00' —
A=44'35'39" / DETAIL "H° OQ —FOUND STANDARD CITY MONUMENT BOX
NORTHERLY TRAFFIC SIGNAL EASEMENT TAGGED AS NOTED
DETAIL SIGNAL SCALE I°=20'
SOUTHERLY TRAFFIC SIGNAL EASEMENT PSE —PUBLIC SERVICE EASEMENT
SCALE:1"=20' / 50.14 ACRES/ TS —ACRES
5,800 SQ FT/ iSE —TRAFFIC SIGNAL EASEMENT
0.13 ACRES (R) —RADIAL
SF —SQUARE FEET
(R1) —MAP REFERENCE(TYP.)
°NBB ifi05 W 185fi.82' -- I t ;
--------------�.--------------------- - PARCEL MAP 10276�ww❑ fi8fi T 1
r
Q — r p4325------------d j� CONSISTING OF 6 SHEETS
O —NI-3"35'E 19.26 / I I BEING A SUBDIVISION OF PARCEL 3 OF PARCEL MAP 8262,
❑ RECORDED JUNE 19, 2007,IN BOOK 298 OF MAPS AT PAGES 69
r N88°36"25'E 11.00' ' I o I IW Q THROUGH 78,INCLUSIVE,ALAMEDA COUNTY RECORDS,
❑ IQ I I 1' ❑ AND LYING ENTIRELY VWTHIN THE
IL, PARCEL 1 1 PARCEL 2 60.00' w 17
CITY OF DUBLIN
O Im / I PARCEL 3 m I 1� Z ALAMEDA COUNTY,STATE OF CALIFORNIA
m W
ry o I z I l _ FEBRUARY 2015
Q I
° U
I
I_ - fi a 54- - �- �' Cardno
445,7 =
- -; - -----------------�--------'----------- - 242.32'
- - - -
t NBB°ifi'05"W ,BSSOB' _ PARCEL D
---__ , Shaping the Future
I N88°16'05"W
6.04' SACRAMENTO
PARCEL 5 DETAIL °1° I 1 701 UNNFRS17YAVENUE SURE290,SACRAMENTO,CA 95825
60'SCALE:NO-BUILD EASEMENT ! TEL(916)6923100 Fax.(916)923-6251 ew,w.ramno.com
SCALE:1°=30' 1
81,788 SQ FT/
CARDNO PROJECT#'.5120042000 1.88 ACRES SHEET 6 OF 6
RESOLUTION NO. - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PARCEL MAP 10276 AND
IMPROVEMENT AGREEMENT
FOR PERSIMMON PLACE
WHEREAS, Parcel Map 10276, 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, Regency Village at Dublin, LLC, has executed and filed with
the City of Dublin an Improvement Agreement for Parcel Map 10276 to construct required
frontage improvements in accordance with the Conditions of Approval for the Tentative Map,
and with the improvement plans attached thereto; and
WHEREAS, said Improvement Agreement is secured by a bond furnished by
Philadelphia Indemnity Insurance Company in the amount of $1,050,000.00 for off-site
improvements (Bond No. 186555), conditioned upon faithful performance of said Agreement;
and
WHEREAS, said Improvement Agreement is secured by a bond furnished by
Philadelphia Indemnity Insurance Company in the amount of $1,050,000.00 for off-site
improvements (Bond No. 186555), conditioned upon payment for labor performed or material
furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said Improvement 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 Improvement Agreement, attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that Parcel Map 10276 be and the same is hereby
approved, and that rights to the areas marked as Parcels A, B, C and D and Traffic Signal
Easement (TSE), offered for dedication for public use in conformity with the terms of dedication
be, and they are hereby accepted, subject to improvement, and that the Clerk of this City
Council is hereby directed to transmit said Map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 7th day of April, 2015, by the following vote:
AYES:
NOES:
1
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
PARCEL MAP 10276
PERSIMMON PLACE
This agreement is made and entered into this day of 2015, by
and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY",
and Regency Village at Dublin, LLC.1, 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 Parcel Map 10276, also known as
Persimmon Place, desires to improve and dedicate those public improvements (hereafter
"The Improvements") in accordance with the requirements and conditions set forth in the City
of Dublin Planning Commission Resolution No. 13® (PLPA-2012-00031), adopted on
November 12, 2013, and City Council Resolution No. 199-13, adopted on December 3,
2013; 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:
"Off Site Civil Improvement Plans for The Village at Dublin (26 Sheets), prepared by
Cardno, Inc. and approved by the City on November 19, 2014
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 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 (2) years following said date of execution of this agreement,
unless the completion date is extended by the City Council. Time is of the essence in this
Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as-built plans of The Improvements, including any authorized
modifications.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be $1,050,000 and is based on the Persimmon Place Off-Site Improvements Bond
Estimate, dated December 4, 2014, prepared by Cardno, attached to this agreement as
Exhibit "A". Said amount includes costs and reasonable expenses and fees which may be
incurred in enforcing the obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the Following security in a form satisfactory to the City Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred percent (1100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one-hundred percent (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.
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform to the provisions of
Chapter 5 of the Subdivision Map Act.
3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, all insurance required under this paragraph.
Prior to the commencement of work under this Agreement, DEVELOPER's general contractor
shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph. DEVELOPER shall not allow any contractor or
subcontractor to commence work on this contract or subcontract until all insurance required
for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and
approved. Said insurance shall be maintained in full force and effect until the completion of
work under this Agreement and the final acceptance thereof by CITY. All requirements
herein provided shall appear either in the body of the insurance policies or as endorsements
and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
2
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.
4) Minimum Limits of Insurance. DEVELOPER shall maintain limits no
less than:
a) 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.
b) Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
c) 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.
B. 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.
C. 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
3
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials, employees
and volunteers. Any insurance or self-insurance maintained by
the CITY, its officers, officials, employees or volunteers shall be
excess of the DEVELOPER's insurance and shall not contribute
with it.
c) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses arising from
work performed by the DEVELOPER for the CITY.
3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than AM 1.
b) Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and
approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its
policies or shall obtain separate certificates and endorsements for
4
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 DEVELOPS and/or EV LOPER°s agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one-
year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and
materials actually appear during the one-year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year 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 ( 0) 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 ( 0%) 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.
5
6. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY, which shall not be unreasonably withheld, denied, or delayed.
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if
DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the
benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER,
or any of DEVELOPER's contractors, subcontractors, agents or employees should violate
any of the provisions of this Agreement, the CITY through its City Engineer may serve written
notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of
this Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety
shall have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it Of Such notice of
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:
Andrew Russell, 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:
Pete Knoedler
6
Regency Village at Dublin, LLC
2999 Oak Road #1000
Walnut Creek, CA 94-597
(925) 270-1800
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.
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 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 improvements, shall recommend acceptance of
7
the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his
designated agents of such acceptance.
11. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material, process
or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be
liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including
attorneys'fees and court costs, which may result from the use of said patented or copyrighted
material, process or publication.
12. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of
this Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby
waive the provisions of Section 2819 of the Civil Code of the State of California.
13. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work will be performed in a proper manner.
DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and
each of its elective and appointive boards, commissions, officers agents and
employees, from and against any and all loss, claims, suits, liabilities, actions,
damages, or causes of action of every kind, nature and description, directly or
indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
1) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold harmless
agreement, because of the acceptance by CITY, or the deposit with CITY by
DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered, or alleged
to have been suffered, by reason of any of the aforesaid operations referred to
in this paragraph, regardless of whether or not CITY has prepared, supplied, or
approved of plans and/or specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
3) Design Defect. If, in the opinion of the CITY, a design defect in the
work of improvement becomes apparent during the course of construction, or
8
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 attorneysfees and court costs. If CITY is the prevailing
party, CITY shall also be entitled to recover its attorney's fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3.
14. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By:
City Manager
ATTEST:
City Clerk
9
DEVELOPER
Regency Village at Dublin, LLC
A Delaware Limited Liability Company
By: Regency Centers LP
A Delaware Limited Partnership, its sole member
By Regency Centers Corporation
A Florida Corporation, its general partner
Print Name
Title
10
O O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O
O O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O
N O O O O Ln O O O O Ln 0 0 6 6 Ln 6 o0 O O O
O O O O tV O �t O O Ln l0 O O O m 00 l0 O O O
O O Ln O m O n k.0 Ln l0 l0 O w Ln O w 00 O Ln Ln
O 00 N c-I I� N M 00 c-I N M Ln I� M � M
-i -i l0 M c-I Ln �t c-I �t
O �
CD
*ad
LPL O O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O
O O O O Ln O O O O Ln 0 0 0 0 0 0 Ln O O O
O O O O N N N �t O c-I �t Ln O O r� �t c-I O O O
ZS7 O O O O O N c-I O c-I O O O
Caul O O Ln O Ln Ln Ln Ln Ln
O O r� O
CA
iii
N N N N LL LL LL LL Q } LL >- LL Q LL LL LL Q N Q
J J J J J N J N W N N U N Lu J W J W
v
C)
NO O O O o Ln o o Ln ° �
II n O n O n N 00 M
U) Z �- � Q � c-I c-I c-I c-I Ln O M O M � 0 Ln � r- Ln 41 41
N c-I c-I
�l �". M l0 N c-I 00 c-I
C.� 1,
N M
O O _ Q3
i U O O +,
c CL a)
Ln L �n i6 0A
4- 0A
((`�► C -a 0 `� C
CL
CL 0
•CL N
C
ca
� � c6 O
1,. E 'O CL L h0
W (6 c Ln N - c
c -0 L x 0.0
aJ c > ca •++ — d
0 3 +' U U '0 0A
ca U aJ to > w aJ L 7
L Op
u c 3 v E a) v
s 7 _ m > O ns - v
Q +' U Y x U m >' L C O L
,�,a 3 c 3 0 a a a) oA a; —
a; c c 3 00 > > - E s 3
°' E s s s L
a E oo > i 2 c a�
E E > *' s a x_ i .E a a) u s
U {n om CL v v *' +� E L U
Q 0 C (6 W U (6 C E 3 m 0A 0A 0A
L c > CL U U c c o a; >M E Q }�-
> c c
0 �n O O *' ) U c6 Q O U - 0
U c v ns U U .x > v U 'O v `� x x x
c v a) a) a) a) U U L oo v v v
O E .2 > > > Q M x v c ca v .E v a) a)
U O O O aJ L 'O
Q! o v 3 E E E m E Q O c c X u u u
4fta o o o o o v 1 o L v
O O O O +w O L U
U U aJ U O +U' +U' w(6 O L O L O O L
EL ++ L L ++ N ++ ++
O ++ L C C C C C C ++ _EL ++ L ++ ++ T L L L
0 c O L a) a) a) W W W 0 0 0 0 0 L O o O O
U c s 0 E E E E E E c c s c c s v s c s
° Q CL a a a a a ° v 0 0 ° 2 " o m o
s s s c c c c c c c c � c U c
� ns ns � v v v v v v ns ns ns ns ns ns ns ns ns o ns
0
L L L L L L L L L L U L L U
O L L L L L L N w c (p
O c6 to to to to to to to to to c to to
a N E E o E E E E E E E E o E 3 E
s s U s s s s s s s s s s s s s s s 0 s
,2 Ln Ln U VI VI +0+ VI VI VI VI VI VI VI Ln n Ln Ln Ln 0A �n ,} .Ul U
E C C C C
m 0 C C C C C C C Y C
�► Q V W LL
LL L 7 7 7 }' 7 7 7 7 7 7 7 7 7 7 7 'L 7 (6 7 LJ
LL LL O LL VI LL LL LL LL LL LL LL LL LL LL LL LL -0 LL a..�
cm v
L s s a N M �t
0� Cl Ln i k.0 r�i 00 i 0)i Oc-I �c-I N c-I Mc-I �c-I Lcn-I k.0 c-I �c-I 00-I 0)c-I O
v '�`o N
a s aaa a a a aaaaaaaaa a a a
a p m m a CC
/
/ �/\
...- N
�o
e o cn
IN o � G 0
Ln 0
CD 406 E // \I V'.. r--�
..
-
(:r�
cc
co
\
\ � �
�
/ a
\ §
/ £
�
( /
�
r14
/ $ / EE 0
W ° E k ° t ^
� \ \ / ( \
g 2 / \
LU
O �
c \ 0
u / v
4fta � 7 2 2 (
\ 0
\ .s ' k \ \ §
{ C L ( / o
x » g
_ o # a «
E 0 0 / § \
.. / « E v
v o t
. \ { ° \ § \ f
3 ° R ® )
7 / a 9 Su
® \ (
2 $
2 E /
Its \ k R ) ) A
2
O i k & \
� • °
® \ \ 0
/ Inc k Q.
LO
0
N
N
M
O O O O O O
O O O O O O
M O O 00 O O
N O r N O O
O 69 r O O
69 69 00 r O O
O O O O ti W) W)
N O O 69- 69- O O
N bf} 69-
N Eh Eh
N
Lii r
H Z U Z Z Z
D O W La m m
Z Z LU
z a
z 0 w w
O V � a
C) o w O !
J ° LL ad o
a
F— w w
a O
�
F- J m co
L=L J
2
H
a
LL
F
z o
W N
2
W N
O
w o
d a
-a
co
cn L U U
c
F-
co
o N �
U LL
LL
co
co O o_
U LU
U CL W °)
o co
m z N
o O H w
w a�
CO
U) W co
O a 0 w
RESOLUTION NO. - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT
FOR LANDSCAPE FEATURES FOR PARCEL MAP 10276, PERSIMMON PLACE
WHEREAS, a Vesting Tentative Parcel Map for Parcel Map 10276, Persimmon Place
was approved by Planning Commission Resolution No. 13-40 on November 12, 2013 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 an
Improvement Agreement to construct the required 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 for Parcel Map 10276, Persimmon Place,
attached hereto as Exhibit "A", which will be recorded against the property concurrently with
Parcel Map 10276;
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 7th day of April, 2015, by the following vote-
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST- Mayor
City Clerk
lRecording Requested By:
CITY OF DUBLIN
When Recorded Mail.To�
City Clerk.
City of Dublin.
1010 Civic Plaza
Dublin,CA 94568
free Waived per GC 27383
..................................................................................... ................ ............................ ............................................................................. ........................ ..............
AGREEMENTFOR L,ONGTERM ENCROACHMENT
14,OR LANDSCAPE FEATURES
PARCEL MAP 10276
PERSIMMON PLACT
THIS AGREEMENT FOR LONG 'F M I.NCROACHNffiNT FOR LANDSCAPE
;1 1
FE 17
A- UREN,PARCEL.MAP 10276, PERSIMMON fit::.,. C"E("Agreement")is triade between
the City of Dublin("City") and Regency Village at Dublin, LLC ("Owner").
Pr er!.-,y: The sti�ject property is Parcel Map 10276 as filed.in Book of
1. jErLqp............
Maps at Pages_.., in the Official Records of-the County of A laincda,
State of California.
1 Develop.2!:: Developer is the owner of Parcel Map 10276, Persimmon Place
........... ...
( Fr 7 "T"
", (je
3. Laa.mwu sMt.1' jl!L21: Owner, as part of the Pro ect, anticipates the construction
c)T��ect related laniscape features within the City's rights of ways on the
following streets in Parcel Mal,.) 10276: Dublin Boulevard, Hacienda 1)rive,
Martinelli Way and Arnold Road(collectively,the '1,andscape Features").
Construction details for these tandscape Features are shown on the"Qff-Site Civil
I'mi7rovement T'lansfir The flillage at Dublin,"prepared by Ca r(firo and approved
by the City on November 20, 2014,; and "ArewSite 1injw-overnentsjbr Persimmon
Pla(,e,"prepared by Johnson.L,yman Architects and.approved.by the City on
December 2, 2014. The scope of the improverrients covered U11der the agreement
is shown on the attached EfibitA.
...................-..................,...............
4. Encroachm.ent Permit. Owners shall apply to the City for an.encroacbrnont
........................................ ...........................................-
peffn.it for work,to be perfon-ned purstiant to this Agreement. The City rnust grant
the encroachment l)eimft for all work to install,operate and maintain tlie
Landscape Features improvements and all the conditions imposed by tll,).e City
must be consistent with the provisions ofthis Agreement, If tb.exe i.s as conflict
between any provisions of this Agreement and the encroacl-mient permit:,the
provisions of this Agreement shall prevail over the conditions of the
encroaclunent permit,
5. Ownersbi.p.. Owners shall own all sl'.)ecial 1..,andscape Features, including but not
TH i nTt'e d 10- fountains, arches, monximents, etc, as shown on the Landscape Plans
fisted above in. Section 3.
6. -0 1 ELI!!0.2 2!1.d lWaintenance: Owiiaers shall. niaintain arkd repair,all the
....................................-
Landscape Features, including!,all fi-ontage landscape plantings,irrigation,
sidewalks and street trees within the designated an.-as, in.a,sa;k manner consistent
with the approved plans to the reasonable satisfaction of the City at its sole cost
and expense, including electne power and water cost. Owner will be responsible
at its sole cost to replace or repair any 1.andscape Feature damaged or rernove�d
daring the maintenance or repair of sewer, water, drainage or utility
imam prov(..ernents by the City, Dublin Sm.Ramon.Service District or utifity company,
unless such daniage or removal is caused by the negligence, gross negligence or
willf-U.1 misconduct of the City, Dublin. San Ramon Service INstrict or utility
company.The City wi 1.1 rnaintain at its sole cost all. asphalt concrete pavernent,
concrete curb and gutter, drainage improvernents, traffic si gns and striping, arld
streeth®rts and any other, features in the public tight of way,
7. Renii.oval or Relocation: Iffuture improvements proposed by the City conflict
--....................................................................................................
with any of the Landscape Features,the City may remove or reasonably relocate
the 1-midscape Feature at its sole cost. If any oNhe 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 1,anclscape Featu.res,
8. Insurance: Owners shall obtain,and.maintain in effect a combined.single limit
.........................................-...........
policy a liability insurance riot less thziri one million dollar's ($1,000,000)
covelingy tb.e Landscal,'.)e Features improvernents and shall narae the City as an
additional insured.
9. Inderunification: Owners shall indemnify, defend and hold the City haTinless
....................................................................................................
from and against any and all loss, claims, liatfflity damage or expense or cost the
City may incur or beconje fiable for or for whicb. a.claim is made by a third party,,,
due to or arising 4.'rut of Owner's construction, maintenance or operations of the
1.,andscape Features unless caused by the negligence,gross negligence or willfial
misconduct of the City, its agents, con.tractors or ernployees,
10� Permanent: The Landscape Features and the rig lits appurtenant thereto as set
foith in this Agreement shall exist in peil.,)etuity, and are appurtenant to tile,
Property,
I L Ri t As g m any or all rights, interests and obligations
I............A�h!.......2....................S i..... : Owners may assig
of Owners au under this Agreement to the Property-owners' Association for
Parcel Map 10276, Persimmon Place or to a successor in interest of Ownn ers with
respect to all or a portion of the Project; provided,however,that.rno such
assignment of Owners' rights interests and obligations under this Agreement shall
2
occuir without prior written.notice to the City and.written approval by the City
Manager, which approval sball root be unreasonably witlilield, conditioned or
delayed.. 117he City Manager shall considercold decide on any assignment within
ten(p.0)days after Owner's notice thereof, provided all necessa,ry docurnentsand
other information are provided to the Ciry Manager to enable the City Manager-to
assess the assiipment.
1.2. Successoirs and A y, : Each reftrence to the"City" in this Agreement shall be
........... ................................................... ....... ........
-te
, 'el. to refer to and include the City and. all successor's and assigns of City. All
references to the"Owner"in this Agreement shall be deemed to ref'6r to and
include Regency Village at Dublin, IJ ' and all successors w,-O assigns, including
but not limited to-the Parcel Map 10276,Persimmon Place Property-Owners'
Associatior.u.,
13. Notices: Any riotices, requests, demands or other conmiunications required or
p rtriitted-to be given under,this Agreement shall be in writing and shall Inc
deerned to have been duly given on the date of delivery if delivered.persOTIEtlly ter
Ure party to whorn notice is to be given (including messenger or recognized
deIiv(-,,,ry or courier service) or on the second.day after n-milirig, if niailed to the,
party to whorn notice is to be given,by first-,class mail,postage pr(-.,paid, and
properly addressed as follows:
City: City of Dublin
100 Civic Plaza
Ddblin, Calirornia 94568
Fax No. (925) 833-6651
Attn: City Manager
Owner: Pete Knoedler
Regency Village at,Dublin., LIA'
2 999 Oak Road #1000
Walnut Creek,CA,94597
(925)270--4800 '
111.4. Exhibits. All exhibits attached to this Agreerrient are incorporated herein.as
;ToU p.....................
g1i they were set fortfi.in. fail body of this Ag reem.ent,
g
1.5. k a1li ai I nyalkdijyo ff any provision ofthis Afj' eenrent is held by as Court of
competen.tjuriSd'dion to be irrvalid,or unenforceable, tli(.°'retnaiirlder of the
Agrecrnent shall continue in.full fbrce and eff.e;ct and shall in no way be impaii-ed
or invalidated, and the parties agree to substitute for the invalid.or unen.forecable
provision as valid and enforceable provision.that most closely approxinlates the
intent and econornic etl'ect of the invalid or unenforceable provision.
16. Eli.ti r.2 AJZ e2ment. Tbis Agreement contains the enlire agreement and
............. .......... ...............
understanding of the parties witli.respect to the SUbJect matter hereof and carmot
3
be ainetided.or modified except by a written agreement, executed by each raft
parties hereto.
17'. C 21u ter park. 'J"'his Ag
..........!.........a.................... reernent may be executed in.one or more coun'tei,parts,
each of wldch-shall, for all putposcs, be deerned an.on.gin.al and all sucl[i
counterparts,taken together, shall constitute one and the same irlsarument.
Dated this ....................... day< V ro
------------------------------------------------------
TFIE CITY OF DUBLIN,
a municipal coq)oratiot..
By:
City Mariager
OWNER:
Regency Villape at Dublin, LLC
g
A Delaware,Limited Liability Company
11l.3y: Rcglency Cen.t(.,,rs LP
A Delaware Limited Partnenihip, its sole rneulbeT'
By: Regency Coatcrs Coil')oratiorl
A floiida.Corlx),k�,- on, its general r.)ai-tn(-.,.,r
By�° Ae
Narn.c:
SwAfthed Cuftnft
AlWixpodio
4
L III'" IR NI ALI11.11- IIRP I ' II IIIN ! IIIIIm IIII GIIIMEN' 11M mn:. t "I1 9
State of California
�w.
bounty of ,, Amilrc
,fl "„.r l as � of �
t m
ld L.. 8r Igi4�II I;¢wa ti7s.�P„tl,� .^P ahu�.tlii.....s
0
r�',aU°,�V�,tn 11 y �r'r"riV.a @�qtl„;,l
x
.... .............................................................................................................................................................................
who proved to me on the basis of satisfactory
evidence to be the person ) whose name 's is/
subscribed to the within instrument and acknowledged
to me that he/s executed the same in
his r'/th,e r authorized capacity ), and that by
his y
r/tFir signature ' on the instrument the
person(p), or the entity upon behalf of which the
person(„ acted, executed the instrument.
� 1 certify under PENALTY OF PERJURY under the
v �a coarnrnsssEoaro 2035239
!Votary public-California laws of the State of California that the foregoing
Contra costa Count y paragraph is true and correct.
Correa•Ex Errs Sep 1 ,2017
WITNESS my hand and official seal.
�r
.,
Srg urat.a.or: '
Place Notary Seal Above maurdro,�rtnay y�if IlwVml yr�V'°""ny I'Vr
OPTIONAL
Though the affaroarrrarattraas tuaatraw is not raqrrlrraot by law, it s°raayTaraawraa rbratroarote to persons rolyta°artt on the atoorr°aamraart
and caaastaa prevent fraaaotaalent removal and rr�rarrrachmQaa°ir of this Co nn to another document.
C escriptio rt oat ttac��hea°t IIII'to ctaQaroerat
T`itie or Type of D ocuirroent (alum �� ... a r� ...) �°.i.7al �...............
.....d
iii"t t��.'d�+ r; a9 --- l V - ---
IC.toro,oaru�aw�rot lato��.. � . . � l i �__ �. _.�,. ._., .... . .... ....Ilrra~robo�tr t l:'uy~ot�loos.�-_____�__"gym___________
k &gr°aer(s) Ottoer"'rhairo Named Alb0000e.. .
t tallpacity(loas) Claiinned by , ifirrteor(s(
lrl trael 1 l arrwe° . ......
silo r :onr at�itfooAa,' rotla� ,a e.
l t�+_ Tltle(s):
�'A'r�a"k rage Officer
e
7 larlota sdotaa I_.11ncfivarlam'at
[ :I Partner — I IµVtatoEp eot l :(GeroerM "] I partner F2]"t,irratc,d t i Ttusruers.l
E Attorney in Fact �� LII Attorney in boot �
L rrustsoe 7'Trustee
1 1 Guardian or Conservator 1 i Guardian otr Consentator
i:_I Other... _.m .... � I .Oth am: ----- ____
..m__..
a .... � ��.r_. .... I
Signer is e Qesenbout Sut cer is Represeratrga r
.... .... rat
r
I
r
5. ^,w• m m X ' v °.art r w �. f � •” .¢ , Fd amxog a�
av1 rac fi.r 1VKaateartaat rlaar,xry s<>a 1 a1r aar 6Waaar'arr,«:rT�Frat rr°. .oatt 1.`x"0 L15”PMA13 (1-800-876-6&'?7) Item#5907
w:
1
4
� 3Ftdk1C1 YtC1N�f'�MH � a. �f�. fw^"a
w
C
Z z
Lu
i:e I
ti m I,
W K
11 14 4 X,
rl
es Mt I a
�t
!
�r
n
C1
ct
I
e r p
"pay 6,sV� rv�ki' UG+. k
w
I
w
5
ervcsr�rt°rrxtv�� �" ��k