HomeMy WebLinkAboutReso 132-15 Neighborhood Square Site RESOLUTION NO. 132 - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE IMPROVEMENT AGREEMENT FOR SUB-AREA 3 PHASE I
(NEIGHBORHOOD SQUARE SITE)
WHEREAS, Lennar Homes of California, Inc. ("Developer") owns certain real property
consisting of approximately 64 acres of land at the northwest corner of Dublin Boulevard and Fallon
Road, (APN: 985-0027-012) on which it is pursuing a residential development project; and
WHEREAS, the Developer will dedicate a 2-acre Neighborhood Park within Tract 8171 to
satisfy Neighborhood Park Land dedication obligations, for which it will receive Neighborhood Park
Improvement fee credits under the City's Public Facilities Fee program; and
WHEREAS, the Developer, has executed an Improvement Agreement for Sub-Area 3 Phase I
(Neighborhood Square Site) to develop the 2-acre neighborhood park with the Developer's cost for
completing the improvements being credited against the City's Neighborhood Park Improvement fee
credits under the Public Facilities Fee program; and
WHEREAS, said Improvement Agreement is secured by a bond furnished by Hartford Fire
Insurance Company in the amount of $1,281,358 for Private Improvements (Bond No.
72BSBGZ8694), conditioned upon faithful performance of said Agreement; and
WHEREAS, said Improvement Agreement is secured by a bond furnished by Hartford Fire
Insurance Company in the amount of $1,281,358 for the Private Improvements (Bond No.
72BSBGZ8694), conditioned upon payment for labor performed or material furnished under the terms
of said Agreement.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve
an Improvement Agreement for Sub-Area 3 Phase I (Neighborhood Square Site) with Lennar Homes
of California, Inc., attached hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 21st day of July, 2015, by the following vote:
AYES: Councilmembers Biddle, Hart, Wehrenberg, and Mayor Pro Tem Gupta
NOES: None
ABSENT: Mayor Haubert
ABSTAIN: None
Mayor Pro Tem
ATTEST:
idA/D crf
City Clerk
Reso No. 132-15, Adopted 7-21-15, Item 4.14 Page 1 of 1
IMPROVEMENT AGREEMENT FOR
SUB-AREA 3 PHASE I (NEIGHBORHOOD SQUARE SITE)
THIS IMPROVEMENT AGREEMENT (this "Agreement") is made and entered in
the City of Dublin on this 21st day of July, 2015 by and between the City of Dublin, a
Municipal Corporation (hereafter "City") and Lennar Homes of California, Inc., a
California Corporation (hereafter "Landowner"). City and Landowner are hereinafter
collectively referred to as the "Parties."
WITNESSETH:
WHEREAS, Landowner owns certain real property ("the Property") consisting of
approximately 64 acres of land at the northwest corner of Dublin Boulevard and Fallon
Road, (APN 985-0027-012) on which it is pursuing a residential development project
("the Project"); and
WHEREAS, in pursuit of the Project, Landowner has sought and obtained
approval of a Vesting Tentative Map (No. 8171) and entered into a Development
Agreement with the City, dated March 4, 2014, recorded on June, 4, 2014 as Instrument
No. 201434796 of the Official Records of Alameda County ("Development Agreement");
and
WHEREAS, Landowner desires to, and the approvals authorize Landowner to,
develop up to 437 attached and detached residential dwelling units on the site, grade the
site, extend utilities, and complete related improvements. The site includes 38 acres of
medium density residential, 7.5 acres of medium-high density residential, 14.5 acres of
rural residential/agriculture, 2 acres for stream corridor, and 2 acres of neighborhood
park; and
WHEREAS, the Vesting Tentative Map requires the Landowner to dedicate 2
acres of neighborhood park to the City, for which it will receive Neighborhood Park Land
fee credits under the City's Public Facilities Fee program; and
WHEREAS, City and Landowner now desire that Landowner develop the 2 acre
neighborhood park with the Developer's cost for completing the improvements being
credited against the City's Neighborhood Park Improvement fee credits under the Public
Facilities Fee Program, as specified herein; and
WHEREAS, Landowner agrees to satisfactorily complete the improvements
within the time hereafter specified, and the City intends to accept Landowner's offer of
dedication of the land and improvements in consideration for Landowner's satisfactory
performance of the terms and conditions of this Agreement; and
WHEREAS, except as otherwise defined herein, all capitalized terms used but
not defined in this Agreement shall correspond to the defined terms in the Development
Agreement.
NOW, THEREFORE, City and Landowner agree as follows:
1. Land Dedication. As set forth in the Vesting Tentative Map, the
Landowner shall dedicate an approximately 2 acre neighborhood square parcel
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to the City (the "Neighborhood Square") on or before recordation of the final map.
The dedicated parcel must contain at least 2 acres of usable land.
2. Construction Documents.
a) City shall cause the preparation of construction plans and specifications
for the Improvements, as defined in Section 2(b) below ("Construction
Documents"). The Construction Documents shall be consistent with the
Neighborhood Square Standards in the Parks and Recreation Master
Plan, as approved by the City Council in May 2015, as shown in Exhibit
"A," attached hereto and incorporated herein, and with the City's
standards for park development. The Construction Documents shall be
subject to review and approval by the Landowner and other applicable
City departments no later than twelve (12) months following of dedication
of the land as set forth in Section 1.
b) The Construction Documents will include, but not limited to construction
plans and specifications for the following amenities (the "Improvements"):
1. Central Green/Focal point/gathering and social space (i.e. plaza and
turf area, formal gardens, etc.)
2. Two age-specific playground areas with shaded spectator seating
(picnic tables and seat-walls)
3. Sports facility amenities as appropriate for site (basketball court,
tennis court, etc.)
4. Picnic tables, benches, and shade for group and individual use
5. Restroom building with chase for janitorial supplies and small
equipment
6. Lighting for securities purposes (not night use activities)
c) Concurrently with the execution of this Agreement, Landowner has
deposited $200,000 in the City's Deposit Account. These funds are
intended to cover the cost of having Construction Documents prepared
and other costs as set forth in Section 8 below. In the event that the City
anticipates that such costs will exceed the amount deposited pursuant to
this section, the City may request an additional deposit, which Landowner
shall make within 30 days of the request. Any funds remaining in the
Deposit Account at Project closeout shall be returned to Landowner.
3. Completion Time. Landowner will commence construction of the
Improvements within 60 days following the delivery of the City's Construction
Documents and shall complete all Improvements no later than 14 months
following delivery of the City's Construction Documents unless the completion
date is extended by the City Council. Time is of the essence in this Agreement.
Upon completion, Landowner shall furnish City with a complete and reproducible
set of final as-built plans and AutoCAD copies of the Construction Documents for
the Improvements, including any City authorized modifications.
4. Acceptance of Work. Upon notice of completion of all Improvements and
delivery of a set of final as-built plans copies of Construction Documents to City
by Landowner, the City shall examine the Improvements without delay. If the
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Improvements are found to be in accordance with said plans and specifications
and this Agreement, City shall recommend acceptance of the work to the City
Council, and, upon such acceptance, shall notify Landowner or its designated
agents of such acceptance. City shall only accept the Improvements at 100%
completion.
5. Bid Documents. Landowner shall prepare the bid documents for the
Neighborhood Square. The City shall review and approve the bid documents
prior to the issuance of a notice of, and invitation to, bid by Landowner. Bids shall
be lump sum with an itemized unit summary to be used for additions and
deletions only. The City shall also review the bids received by Landowner and
shall approve Landowner's selection of the most appropriate bid prior to the
award of contract. All bids shall include prevailing wage rates. The City shall
have ten (10) working days to review the bids and, in the event the City
concludes the bids are unacceptably high and not to budget, to notify Landowner
of required modifications to the Improvements or the need to solicit additional
bids. The City shall provide Landowner with an opportunity to review and
comment on any proposal by the City to modify the Improvements and shall give
such comments fair consideration.
6. Inspection of the Work. Landowner shall guarantee free access to City
through the City Manager's 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 Landowner and replaced to
the satisfaction of City without any expense to City in strict accordance with the
improvement plans and specifications. The City representative will also attend all
project progress meetings during the course of construction. Landowner shall
submit any plan changes before and during construction to the City Manager's
designated representative for approval. Construction shall not begin on any plan
changes until they are approved pursuant to Section 7 of this Agreement.
7. Change Orders. Landowner shall submit a written request for approval of
any change orders to the City at least 15 working days prior to proceeding with
any change order. Landowner shall not issue any change orders on such
construction contract without first obtaining City's written consent. Landowner
acknowledges the failure to obtain such written consent from the City will result in
Landowner's sole responsibility to pay for such change orders without
reimbursement or credit from the City. Any change in design in the Improvements
must have City's pre-approval.
8. Other Costs. City and Landowner acknowledge that City and Landowner
incur various costs during park development beyond construction document
preparation and improvement construction. Such costs include but are not limited
to consultant construction assistance (environmental, inspection, engineering),
storm water pollution prevention, utility bills (electric, water), City inspections,
permits and fees, design/drafting fees, fencing, maintenance and miscellaneous
costs such as photocopying and printing. Landowner shall not enter into
contracts for such costs or otherwise procure such services without obtaining
City consent. Landowner will provide City with copies of any contracts and
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detailed descriptions of scope of work to be performed. Landowner
acknowledges failure to obtain such written consent from the City will result in
Landowner's sole responsibility to pay for such other costs without
reimbursement or credit from the City.
9. Payments. Landowner shall be responsible for all payments associated
with the Improvements. This includes but is not limited to, contractors work,
electric and water bills, storm water pollution prevention, consultant construction
assistance, City inspections, permits and fees. Landowner shall provide to City a
monthly accounting summary outlining project costs to date. Landowner will
include copies of invoices paid. Landowner will provide copies of cancelled
checks if requested by City.
10. 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, Landowner guarantees all
work executed by Landowner and/or Landowner'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 year after final acceptance of the entire work by City. All manufactured
products specified for the site shall have extended warranties as available from
the companies that supply the products. All such warranties shall be transferred
to the City prior to final acceptance of the Improvements. These warranties shall
cover both the replacement of parts and the labor necessary to have the
equipment in proper working order. These products include, but are not limited
to: play equipment, site furnishings and mechanical equipment. Landowner 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. Landowner
further covenants and agrees that when defects in design, workmanship and
materials actually appear during the applicable guarantee period, and have been
corrected, the guarantee period for such corrected items shall automatically be
extended for an additional year to insure that such defects have actually been
corrected. In the event the Landowner shall fail to comply with the conditions of
the foregoing guarantee within ten (10) 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 Landowner 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 Landowner 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 as provided
herein, Landowner 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
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interest at the maximum rate of interest permitted by law accruing thirty (30) days
from the date of billing for such work or repairs.
11. Estimated Cost of Improvements. The estimated cost of constructing the
Improvements required by this Agreement as adjusted for inflation is agreed to
be for a fixed limit in the amount of$1,281,358 as more fully set out in Exhibit "B"
entitled "Complete Project Cost Estimate — Sub Area 3 Neighborhood Square
Improvements" and incorporated herein.
City and Landowner acknowledge that the actual construction costs of the
Improvements may vary from the estimated costs. The Parties will evaluate the
estimated costs three times as follows: (1) at the time of execution of this
Agreement, (2) prior to development of the Construction Documents, and (3)
prior to bid.
The Improvement costs that will be subject to reimbursement in accordance with
Sections 15 and 16 below shall consist of the bid amounts as approved by City
pursuant to Section 5 above and any change orders approved by City pursuant
to Section 7 above. This project shall be constructed on a prevailing wage scale
as required by the State of California.
12. Bonds Furnished. Concurrently with the execution of this Agreement,
Landowner shall furnish City with the following security in a form satisfactory to
the City Attorney. Landowner shall increase or decrease the amount of the
security if project costs increase or decrease pursuant to section 11.
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
(100%) of the estimate set forth in Section 11 and sufficient to assure City that the Park
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 Section 11 and sufficient to assure City that
Landowner's contractors, subcontractors, and other persons furnishing labor, materials,
or equipment shall be paid therefore.
c. City shall be the sole indemnitee named on any instrument required by
this Agreement. Any instrument or deposit required herein and the release thereof shall
conform with the provisions of Chapter 5 of the Subdivision Map Act.
13. Fee Credit For Park Improvement. In consideration for the Improvements
to be constructed by Landowner, City shall grant Neighborhood Park
Improvement Fee credits as calculated according to the City's Public Facilities
Fee Program. Subject to the current Impact Fee Administrative Guidelines,
which may be amended from time to time, such Improvement Fee credits may be
converted from one park improvement category to another park improvement
category. The value of land credit will be based on the actual size of the parcel
dedicated and the land value for neighborhood parkland specified in the Public
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Facilities Fee. Value of the improvement credit will be the lesser of (a) the
estimated costs of the Improvements, or (b) the pro-rated value of the
Improvements using the standard cost measurement in the Public Facilities Fee.
In accordance with Public Facilities Fee requirements, fee credits will be provided
upon dedication of the land and receipt of security for the Improvements as set
forth in Section 12 above.
14. No Credit for Excess Costs. Costs are not subject to reimbursement by
City to Landowner to the extent that actual construction, design, and related
costs, as approved by City, total more than the above fee credit.
15. Obligations Arising from Agreement. Neither the General Fund, nor any
other fund or monies of City, except the Public Facilities Fee Neighborhood Park
Improvement Fund or similar park improvements funds or accounts, shall be
utilized for payment of any obligations arising from this Agreement. Neither the
credit nor the taxing power of City is pledged for the payment of any obligations
arising from the Agreement. Landowner's obligations arising from this Agreement
are not a debt of City, or a legal or equitable pledge, charge, lien or encumbrance
upon any of its property, or upon any of its income, receipts or revenues.
16. Liability.
A. Landowner Primarily Liable. Landowner 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.
Landowner agrees to indemnify, defend with counsel acceptable to City, and hold
harmless CITY, its officers, officials, employees, agents, and volunteers, from
and against any and all loss, claims, suits, liabilities, actions, damages, or causes
of action of every kind, nature and description,(collectively "Liability") directly or
indirectly arising from an act or omission of Landowner, its employees, agents, or
independent contractors in connection with Landowner's actions and obligations
hereunder, except such Liabilities caused by the sole negligence or willful
misconduct of the City; provided as follows:
1) That City does not, and shall not, waive any rights against
Landowner 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 19
hereof.
2) That the aforesaid hold harmless agreement by Landowner
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
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construction, or within one (1) year (except for those manufactured
products where extended warranties have been provided, in which case
the extended warranty period shall apply) 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 Landowner's surety on
the bonds provided under paragraph 12.
5) Third Party Claims. With respect to third party claims against
the Developer, the Developer waives any and all rights of any type to
express or implied indemnity against the City.
17. Insurance Required. Concurrently with the execution hereof, Landowner
shall obtain or cause to be obtained and filed with the City, all insurance required
under this paragraph, and such insurance shall have been approved by the Risk
Manager of City, or his designee, as to form, amount and carrier. Prior to the
commencement of work under this Agreement, Landowner's general contractor
shall obtain or cause to be obtained and filed with the Risk Manager, all
insurance required under this paragraph, and such insurance shall have been
approved by the Risk Manager of City, as to form, amount and carrier.
Landowner shall not allow any contractor or subcontractor to commence work on
this contract or subcontract until all insurance required for Landowner and
Landowner's general contractor shall have been so obtained and approved. Said
insurance shall be maintained in full force and effect until the completion of work
under this Agreement and the final acceptance thereof by City. All requirements
herein provided shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ("occurrence" form CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of
the State of California and Employers Liability Insurance.
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B. Minimum Limits of Insurance. Landowner shall maintain limits no less
than:
1) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of California and
Employers Liability limits of$1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the City,
Landowner shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The City, its officers, agents, officials, employees and
volunteers shall be named as additional insureds in respect to: liability arising out of
activities performed by or on behalf of the Landowner; products and completed
operations of the Landowner; premises owned, occupied or used by the Landowner; or
automobiles owned, leased, hired or borrowed by the Landowner.
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 Landowner's insurance coverage shall be primary
insurance in respect to 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 Landowner'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 Landowner'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 Landowner for
the City.
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3) All Coverages. Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be suspended, voided, cancelled by either
party, reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
a) Acceptability of Insurers. Insurance is to be placed with
insurers with a A.M. Bests' rating of no less than A:VII.
b) Verification of Coverage. Landowner 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. Landowner and/or Landowner'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.
18. Assignment of Agreement. This Agreement shall not be assigned by
Landowner without the written consent of City, which shall not be unreasonably
withheld.
19. Landowner Not an Agent. Neither Landowner nor any of Landowner's
agents or contractors are or shall be considered to be agents of City in
connection with the performance of Landowner's obligations under this
Agreement.
20. Abandonment of Work. If Landowner 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 Landowner should be
adjudged as bankrupt, or should make a general assignment for the benefit of
Landowner's creditors, or if a receiver should be appointed, or if Landowner, or
any of Landowner's contractors, subcontractors, agents or employees should
violate any of the provisions of this Agreement, the City through its Public Works
Director may serve written notice on Landowner and Landowner's surety or
holder of other security of breach of this Agreement, or of any portion, thereof,
and default of Landowner.
In the event of any such notice of breach of this Agreement, Landowner'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
Landowner and Landowner's surety shall be liable to City for any damages
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and/or reasonable and documented excess costs occasioned by City thereby;
and, in such event, City, without liability for so doing, may take possession of,
and utilize in completing the work, such materials, appliances, plant and other
property belonging to Landowner as may be on the site of the work and
necessary therefor.
21. Notices. 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 Manager
City of Dublin
100 Civic Plaza
Dublin, California 94568
Notices required to be given to Landowner shall be addressed as follows:
Don Larson, Vice President
Lennar Homes of California
6111 Bollinger Canyon Road
San Ramon, CA 94583
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.
Concurrently with the execution of this Agreement, Landowner has executed,
and has caused to be acknowledged, an abstract of this Agreement. Landowner
agrees that City may record said abstract in the official records of Alameda
County.
22. Use of Improvements. At all times prior to the final acceptance of the work
by City, the use of any or all Improvements within the work to be performed
under this Agreement shall be at the sole and exclusive risk of Landowner.
23. Safety Devices. Landowner 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. Landowner 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 Landowner, and the entire site left clean and orderly.
24. Attorneys' Fees and Venue. In any action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reasonable attorney's fees.
Any action arising out of this Agreement shall be brought in Alameda County,
California regardless of where else venue may lie.
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25. Recitals. The foregoing Recitals are true and correct and are made a part
hereof.
26. Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the provisions of
this Agreement not so adjudged shall remain in full force and effect. The
invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
27. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one
agreement.
IN WITNESS WHEREOF, the City and Landowner have executed this Agreement, the
day and year first above written.
CITY OF DUBLIN
a Municipal Corporation
Dated: By:
Name: Christopher L. Foss
Title: City Manager
ATTEST:
By:
Name: Caroline P. Soto, City Clerk
Approved as to form
By:
Name: John Bakker, City Attorney
DEVELOPER
LENNAR HOMES OF CALIFORNIA, INC.
a California Corporation
Dated: �i 24 ( By: taik_
Name: claSN 1 x►�
Title: ICU- T t- tiT
2443195.1
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Exhibit A
NEIGHBQRHOOD5QUARE SIANDARl_S__
Neighborhood Squares provide specialized facilities that serve a concentrated or limited population or special
interest group such as young children or senior citizens. The Neighborhood Square is a scaled-down version of
the Neighborhood Park,with an average size of 2-acres and located in high density residential urban areas where
a green pocket is the central focus of the neighborhood.
Site Characteristics: Approximately 2-net-acres on a predominately level site.
Access/Location: Prominent location preferably at cross street. Within neighborhoods and in close
proximity to apartment complexes,townhouse development or housing for the elderly.
Linked with trails and pedestrian walkways.
Park Design: Each park should have unique characteristics such as public art, fountain, bandstand,
formal gardens, etc. to create a focal point for high density areas.
Develop plaza areas for gathering and neighborhood social events.
Play Area: Small scale, high quality play structures.
Parents seating area.
Sports Facilities: As appropriate to user groups in adjacent homes; provide tennis court, volleyball
court, or basketball court.
Picnic Facilities: Tables and benches with limited open space for individual use.
Seat walls for informal picnicking.
Natural Areas: Views and vistas are desirable.
Restrooms: Not provided.
Parking: Street parking.
Lighting: As necessary for security only.
Facility Standards ' City of Dublin Parks and Recreation Master Plan—May 2015 39
Exhibit B
Sub Area 3 Neighborhood Square
Budget Breakdown
Acct# Budget Breakdown Amount
9100 Salaries&Benefits $25,144
9200 Contract Services $116,842
9500 Process/Filing Fees $239,112
9600 Improvements-Construction $900,260
Total Project Budget $1,281,358