HomeMy WebLinkAboutItem 4.10 Sorrento East Tr 7655or
19 82
/ii � 111
DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
September 4, 2012
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -60
SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of
Agreement for Long -Term Encroachment for Landscape Features, and
Acceptance of Parkland Dedication Credits for Tract 7655, Sorrento East
Neighborhood 9
Prepared by Mark Lander, City Engineer
EXECUTIVE SUMMARY:
Shea Homes, Inc., a Delaware corporation, is filing Final Map 7655 to subdivide Parcel 4 of
Tract 7982 into 12 lots for condominium purposes. The project is proposed to contain 68
condominium / townhome units. Tract 7655 is bounded on the west by Grafton Street, the south
by Central Parkway, the east by Lee Thompson Street, and the north by Giovanni Way. Shea
Homes Inc. will also be constructing certain public improvements on Grafton Street, Central
Parkway, and Lee Thompson Street that were required for Tract 7892.
FINANCIAL IMPACT:
Shea Homes, Inc. has provided Performance and Labor & Materials Bonds, to guarantee
construction of the street, grading, utility improvements and landscaping to be constructed with
Tract 7655, and will pay the cost of construction inspection. Once the improvements are
accepted, the City will incur maintenance costs for City- maintained improvements constructed
with Tract 7655. The Homeowners' Association will be responsible for maintaining the project
landscape features within the public right -of -way.
Parkland dedication requirements based on 68 units are proposed to be satisfied with
Community Park Land and Neighborhood Park Land credits.
RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt the Resolution Approving Final Map and Tract
Improvement Agreement for Tract 7655, Sorrento East - Neighborhood 9; 2) Adopt the
Resolution Approving Agreement for Long -Term Encroachment for Landscape Features with
Tract 7655; and 3) Adopt the Resolution accepting Park Land Dedication Credits for Park Land
Dedication Requirements for Tract 7655.
Page 1 of 3 ITEM NO. 4.10
x
Submit ed By
Public Works Director
DESCRIPTION:
Submitted By
Administrative Services
Director
Reviewed By
Assistant City Manager
The Planning Commission adopted Resolution 10 -09 on March 9, 2010 approving Vesting
Tentative Maps and Site Development Review for Sorrento East bounded by Grafton Street,
Gleason Drive, Lockhart Street and Central Parkway. Tract 7982 Final Map subdivided the
property into ten parcels and dedicated for public use Capoterra Way, Giovanni Way, Lee
Thompson Street, and Palermo Way. In lieu of a Tract Improvement Agreement with a
Performance Bond and a Labor and Materials Bond to guarantee construction of the
improvements for the Tract 7982 subdivision, SR Structured Lot Options I LLC, executed and
filed with the City a Covenant and Deed Restriction applicable to the Parcels created by the
Tract 7982 Final Map. The Covenant and Deed Restriction requires that certain subdivision
improvements be completed prior to the further subdivision of each parcel in accordance with
the Conditions of Approval for the Tentative Map and approved plans for Tract 7982.
Shea Homes, Inc., a Delaware corporation, the buyer /developer for Parcel 4 of Tract 7982,
includes certain improvements on Grafton Street, Central Parkway, Giovanni Way, and Lee
Thompson Street required by the Conditions of Approval for Tract 7892 with the Tract
Improvement Agreement for Tract 7655. These improvements satisfy the obligations under The
Covenant and Deed Restriction for Parcel 4 of Tract 7982.
Shea Homes, Inc. is filing Final Map 7655 (Attachment 1) to subdivide Parcel 4 of Tract 7982
into 12 lots for condominium purposes and dedicate Public Service Easements and Emergency
Vehicle Access Easements.
Tract 7655 Final Map has been reviewed and found to be in conformance with the Tentative
Map and Conditions of Approval for Tract 7655 adopted by Planning Commission Resolution
No. 10 -09 on March 9, 2010. Shea Homes, Inc. has submitted the signed Tract Improvement
Agreement, together with the required Performance and Labor & Materials Bonds provided by
Westchester Fire Insurance Company in the amount of $122,460 for the public Tract 7655
improvements (Bond No. K0874287A), and in the amount of $562,780 for the private Tract 7655
improvements (Bond No. K08742911).
Staff has prepared a resolution approving the Final Map and Tract Improvement Agreement for
Tract 7655, Neighborhood 9, Sorrento East (Attachments 2 and 3).
It is now appropriate to remove the deed restriction from the property, since Shea Homes has
executed an improvement agreement and posted bonds guaranteeing the construction of the
improvements required under the deed restriction. The Release of Covenant and Deed
Restriction (Attachment 4), attached as Exhibit "B" to the resolution approving the final map, will
remove the deed restriction from the property.
Page 2 of 3
Agreement for Long -Term Encroachment for Landscape Features
The Agreement for Long -Term Encroachment for Landscape Features with Tract 7655 provides
for the Homeowners Association to maintain sidewalks, landscaping in the planter strips and
pop -outs along the project frontage that is within the public rights -of -way (Attachments 5 and 6).
Parkland Dedication Requirements
Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land
or pay a fee in lieu of dedicating such land as a condition of final map approval. Staff has
prepared a Resolution which outlines the requirements and how Shea Homes, Inc., a Delaware
corporation will achieve compliance (Attachment 7).
Shea Homes, Inc., a Delaware corporation has acquired Community Park Land credits and
Neighborhood Park Land credits from the previous owner, which will fully offset its Community
Park Land dedication and Neighborhood Park Land requirements for 68 units. The following
table shows how Shea Homes, Inc., a Delaware corporation, will satisfy the Park Land
dedication requirements for Tract 7655:
The calculation of the acreage required and /or in -lieu fees is determined in accordance with City
of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the
requirements and how Shea Homes Inc., a Delaware corporation, will achieve compliance
(Attachment 5).
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is
affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this
report have been provided to Shea Homes Inc., a Delaware corporation.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7655
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 7655, Sorrento East - Neighborhood 9
3. Exhibit "A" to Resolution, Improvement Agreement
4. Exhibit "B" to Resolution, Release of Covenant and Deed Restriction
with Respect to Parcel 4 of Tract 7982
5. Resolution Approving Agreement for Long -Term Encroachment for
Landscape Features with Tract 7655
6. Exhibit "A" to Resolution, Long -Term Encroachment Agreement
7. Resolution Accepting Park Land Dedication Credits for Park Land
Dedication Requirements for Tract 7655 (Sorrento East -
Neighborhood 9: Shea Homes, Inc., a Delaware Corporation)
Page 3 of 3
Dedication
Requirement
Fees In Lieu
of Dedication
Shea Homes Inc.
Compliance
Community Park Land
0.4760 acres
N/A
Use of park acreage credits.
Neighborhood Park Land
0.2040 acres
N/A
Use of park acreage credits.
The calculation of the acreage required and /or in -lieu fees is determined in accordance with City
of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the
requirements and how Shea Homes Inc., a Delaware corporation, will achieve compliance
(Attachment 5).
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is
affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this
report have been provided to Shea Homes Inc., a Delaware corporation.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7655
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 7655, Sorrento East - Neighborhood 9
3. Exhibit "A" to Resolution, Improvement Agreement
4. Exhibit "B" to Resolution, Release of Covenant and Deed Restriction
with Respect to Parcel 4 of Tract 7982
5. Resolution Approving Agreement for Long -Term Encroachment for
Landscape Features with Tract 7655
6. Exhibit "A" to Resolution, Long -Term Encroachment Agreement
7. Resolution Accepting Park Land Dedication Credits for Park Land
Dedication Requirements for Tract 7655 (Sorrento East -
Neighborhood 9: Shea Homes, Inc., a Delaware Corporation)
Page 3 of 3
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67 I I
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RESOLUTION NO. -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7655, SORRENTO EAST - NEIGHBORHOOD 9
WHEREAS, the Final Map for Tract 7655, 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, Shea Homes, Inc., a Delaware corporation, has executed
and filed with the City of Dublin a Tract Improvement Agreement for Tract 7655 to improve
required subdivision improvements in accordance with the Conditions of Approval for the
Tentative Map, and with the improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the
Westchester Fire Insurance Company in the amount of $122,460 for the public Tract 7655
improvements (Bond No. K0874287A), and in the amount of $562,780 for the private Tract
7655 improvements (Bond No. K08742911), conditioned upon faithful performance of said
Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the
Westchester Fire Insurance Company in the amount of $122,460 for the public Tract 7655
improvements (Bond No. K0874287A), and in the amount of $562,780 for the private Tract
7655 improvements (Bond No. K08742911), conditioned upon payment for labor performed or
material furnished under the terms of said Agreement;
WHEREAS, certain Covenant and Deed Restriction recorded in the Official Records of
Alameda County on March 3, 2011, as Instrument No. 2011 -79727 imposed certain obligations
on the Owner with respect to securing the completion of improvements specified for Parcel 4 of
Tract 7982; and
WHEREAS, with respect to Parcel 4 sufficient security has been provided to ensure that
the obligations with respect to said Parcel 4 will be satisfied;
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby
approved.
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby
authorized to execute the Release of Covenant and Deed Restriction with Respect to Parcel 4
of Tract 7982, attached hereto as Exhibit "B."
1
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby
authorized to execute said Tract Improvement Agreement, attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the Final Map of Tract 7655 be and the same is
hereby approved, and that rights to the areas marked as Public Service Easement (PSE) and
Emergency Access Easement (EVAE) offered for dedication to public use in conformity with the
terms of dedication be, and they are hereby accepted, subject to improvement; and that the
Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for
filing.
PASSED, APPROVED AND ADOPTED this 4th day of September, 2012 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
GADEVELOPMENT, PRIVATE \Dublin Ranch \Sorrento - East \Tract 7655 - Neighborhood 9 \Tract 7655 \Reso FM 7655.doc
2
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 7655
This agreement is made and entered into this 4th day of September, 2012, by and between
the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and Shea Homes Inc.,
a Delaware corporation, hereinafter referred to as "DEVELOPER ".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that DEVELOPER, the subdivider of Tract No. 7655, desires to improve those
improvements (hereafter "The Improvements ") required by City of Dublin Planning Commission
Resolution No. 10 -09 adopted on March 9, 2010 for Tract 7655, and the improvements for
landscaping and construction of the eastern frontage of Grafton Street and northern frontage of
Central Parkway, as required for Tract 7982 in accordance with the requirements and conditions set
forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the
Subdivision Ordinance of the CITY, and those certain plans for said development entitled;
• Improvement Plans, Tract 7655, Sorrento East- Neighborhood 9, prepared by Ruggeri -
Jensen -Azar dated June 20, 2012 with any modifications required for City approval;
• Landscape Plans, Tract 7655, Sorrento East - Neighborhood 9, prepared by R3 Studios and
signed by the City Engineer on July 2, 2012;
• Joint Trench Composite & Street Lighting Plans for Tract 7655, Sorrento East — Neighborhood
9, prepared by RGA Design, LLC and signed by the City Engineer on June 29, 2012;
• Improvement Plans, Tract 7982, Sorrento East prepared by MacKay & Somps and signed by
the City Engineer on March 15, 2011;
• Landscape Plans, Tract 7982, Sorrento East - Backbone Improvements prepared by R3
Studios and signed by the City Engineer on January 13, 2012; and
now on file in the office of the City Engineer, which are hereby referred to for a more definite and
distinct description of the work to be performed under this Agreement as though set forth at length
herein;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The
Improvements in consideration for DEVELOPER's satisfactory performance of the terms and
conditions of this Agreement; and
WHEREAS, CITY has determined that the portion of The Improvements that will be accepted
by the City as Public improvements are a public works subject to California prevailing wage
requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER shall complete said work not later than two years following said date of
execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish
CITY with a complete and reproducible set of final Record Drawings of The Improvements, including
any modifications made during construction.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement are
presented in the Bond Estimates for Tract 7655, dated June 25, 2012, prepared by Ruggeri- Jensen-
Azar, and are agreed to be as follows:
• Tract 7655 Public Improvements $ 122,460
• Tract 7655 Private Improvements $ 562,780
Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing
the obligation secured.
Bonds Furnished
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the
following security in a form satisfactory to the CITY Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a
company duly and legally licensed to conduct a general surety business in the State of California, or
an instrument of credit equivalent to one hundred per cent (100 %) of the estimate set forth in
Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a
company duly and legally licensed to conduct a general surety business in the State of California, or
an instrument of credit equivalent to one - hundred per cent (100 %) of the estimate set forth in
Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other
persons furnishing labor, materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision
Map Act.
3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to
be obtained and filed with the CITY, all insurance required under this paragraph Prior to the
commencement of work under this Agreement, DEVELOPER's general contractor 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.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than:
1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3) Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
C. Deductibles and Self- Insurance Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the CITY. At the option of the CITY, either
the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects
the CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers shall
be named as additional insureds as respects: liability arising out of
activities performed by or on behalf of the DEVELOPER; products and
completed operations of the DEVELOPER; premises owned, occupied
or used by the DEVELOPER; or automobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain no special
limitations on the scope of the protection afforded to the CITY, its
officers, officials, employees or volunteers.
b) The DEVELOPER's insurance coverage shall be primary insurance as
respects the CITY, its officers, officials, employees and volunteers. Any
insurance or self- insurance maintained by the CITY, its officers, officials,
employees or volunteers shall be excess of the DEVELOPER's
insurance and shall not contribute with it.
3
c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees or
volunteers.
d) The DEVELOPER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the CITY, its
officers, officials, employees and volunteers for losses arising from work performed by
the DEVELOPER for the CITY.
3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the CITY.
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 each
subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
4. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all
work executed by DEVELOPER and /or DEVELOPER's agents, and all supplies, materials and
devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY
as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and
materials for a period of one (1) year after initial acceptance of the entire work by CITY.
DEVELOPER shall repair or replace any or all such work or material, together with all or any other
work or materials which may be displaced or damaged in so doing, that may prove defective in
workmanship or material within said one -year guarantee period without expense or charge of any
nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in
workmanship and materials actually appear during the one -year guarantee period, and have been
4
corrected, the guarantee period for the defected items shall automatically be extended for an
additional year from the date of the completion of the repair to insure that such defects have actually
been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, or CITY shall have
the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall
pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the
contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or welfare,
CITY shall have the right to immediately repair, or cause to be repaired, such defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing
statement relating to hazards to health and safety shall be deemed to include either temporary or
permanent repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements
or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of
such repair or work, fifty percent (50 %) of such costs and expenses for overhead, and interest at the
maximum rate of interest permitted by law, accruing thirty (30) days from the date of billing for such
work or repairs.
5. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and designated
representative for the safe and convenient inspection of the work throughout its construction. Said
CITY representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in
strict accordance with the improvement plans and specifications.
6. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY,
which consent shall be granted or withheld in the manner described in Section 17 of the Development
Agreement between the City of Dublin and Structured Lot Options /, LLC for Sorrento East at Dublin
Ranch, dated August 7, 2007.
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 of the work, or any severable part thereof, or fails to
complete such work within the time specified herein, 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.
E
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:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Shea Homes Inc., a Delaware corporation
2580 Shea Center Drive
Livermore, CA 94550
Attn: Matthew J. Henry, VP of Land Acquisition
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Westchester Fire Insurance Company
c/o Ace INA Group
436 Walnut Street
Philadelphia, PA 19192
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.
0
9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory
signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary
to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and
maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other
safety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shown
on the plans and included in the items of work) shall be removed from site of the work by the
DEVELOPER, and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of The Improvements and the delivery of a set of final as -built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative,
shall examine The Improvements without delay, and, if found to be in accordance with said plans and
specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the
estimated cost of The Improvements that are within the Public right -of -way or Public easements, shall
recommend acceptance of the work to the City Council and, upon such acceptance, shall notify
DEVELOPER or his designated agents of such acceptance. City shall release any and all security
provided by DEVELOPER in the manner described in Section 66499.7 of the Subdivision Map Act.
[The City will not accept the Private Improvements and a warranty bond will not be needed for these
Improvements.]
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:
7
1) That CITY does not, and shall not, waive any rights against DEVELOPER
which it may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the
insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to
all damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this paragraph,
regardless of whether or not CITY has prepared, supplied, or approved of plans and /or
specifications for the subdivision, or regardless of whether or not such insurance
policies shall have been determined to be applicable to any of such damages or claims
for damages.
3) Design Defect. If, in the opinion of the CITY, a design defect in the work of
improvement becomes apparent during the course of construction, or within one (1)
year following acceptance by the CITY of the improvements, and said design defect, in
the opinion of the CITY, may substantially impair the public health and safety,
DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost
and expense, and the sureties under the Faithful Performance and Labor and Materials
Bonds shall be liable to the CITY for the corrective work required.
4) Litigation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this Agreement
or seeks to specifically enforce the terms of this Agreement, and, in the event judgment
is entered in said action, the prevailing party shall be entitled to recover its attorneys'
fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to
recover its attorney's fees and costs in any action against DEVELOPER's surety on the
bonds provided under paragraph 3.
14. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
CITY OF DUBLIN
By:
City Manager
ATTEST:
City Clerk
DEVELOPER
Shea Homes Inc., a Delaware corporation
Matthew J. Henry
VP of Land Acquisition
GMEVELOPMENT, PRIVATE1Dublin RanchlSorrento- EastlTract 7655 - Neighborhood Wract 76551Tract Improvement Agreement -Tract 7655.doc
M
RUGGERI -JENSEN -AZAR
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
FOR
SORRENTO EAST- NEIGHBORHOOD 9 June 25, 2012
DUBLIN, CALIFORNIA Job No. 101073N9
{Public Improvements - For City Banding Purposes)
ITEM DESCRIPTION. QUANTITY UNIT PRICE AMOUNT
A. CONCRETE
1. V Sidewalk (Giovanni Way).
2. 6 Sidewalk (Lee Thomspon Street.)
3. $' Sidewalk (Grafton Street)
4. 8' Sidewalk (Central Parkway)
5. Driveway Approach
6. Curb Ramp
B. LANDSCAPE
1. Landscape, including-street trees
Notes:
:
4,685
SF
$4,00,
$18,740
1,077
SF
$4.00
$4,310
1,035
SF
$4.00
$4,140
8,031
SF
$4.00
MIX
2
EA
$2,000.00
$4,000
4
EA
$2,5110.00
$%0010
SUBTOTAL .=1
$73,310
9,506
SF
K00
$38,020
SUBTOTAL=
$38,020
SUBTOTAL OF A AND B = $111,330
10% CONSTRUCTION CONTINGENCY: = $11,130
TOTAL .ESTIMATED CONSTRUCTION COST = $122,460
1. All cost figures are given as estimates only. Actual cost will be dependent on the cost figures at bidding t!
the general market; situation,,contractoes work load, seasonal factor, labor and cost, etc. This engineering
firm cannot be responsible for fluctuations in cost factors,
2.1 This erigineer'sopinlon. is based on the improvement . plans prepared by Rugged-Jensen-Azar, dated June V,2012.
3. This engineees opinion does not Include any agency fees.
WAS Page I of 1
Prepared by. J. Yee
4590 CHABOT DRIVE, SUITE 200, PLEASANTON, CA 9.4588: T: (925) 227-9100 / F: 1925} 227 -93€10 / www.ria-gps.com
`441�ml I
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
FOR
SORRENTO EAST- NEIGHBORHOOD 9 June 25, 2012
DUBLIN, CALIFORNIA': Job No. 101073N9
fPrlvate Improvements - For C4 Banding Purposes)
SUMMARY
A. SITE WORKJGRADIN
B. ASPHALT PAVING
C. CONCRETE;
D. STORM DRAIN
E. MISCELLANEOUS
R JOINT TRENCH
$68,600
$68,000
$40,530
$168,230
$80,260
$86,000
SU13TOTAL - $511,620
10% CONSTRUCTION CONTINGENCY = 0 -
TOTAL ESTIMATED CONSTRUCTION COST = $562,780
Notes:
1. All cost figures are given as estimates only. Actual cost will be dependent on the cost figures at bidding time,
the general market situation, contractor's work load, seasonal factor, labor and cost, etc. This engineering;
firm cannot be responsible for fluctuations in cost factors.
2. This engineer's opinion is based on the improvement plans prepared by Ruggeri - Jensen -Azar, dated June 20, 2012.
3. This engineer's opinion does not include any agency fees.
Gti�b2a a�o3ortv�„tn�s na�es�s«rer =o rtsbora aNa�e6SUIS Page 1 of 2
Prepared by: J. Yee
4690 CHABOT DRIVE, SUITE 200, PLEASANTON, CA 94588 T: i925i 227 -9100 f E: 1925) 227 -9300/ www.rja- gps.com
RUGG ER I-J ENSEN-AZA R
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
FOR
SORRENTO E4ST - NEIGHBORHOOD 9 June 25, 2012
DUBLIN, CALIFORNIA Job No. 101073N9
(Private Improvements - For City Bonding Purposes)
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
A.
SITE WOFI!YGRADING
2,837
LF
$25.00
$70,930
1.
Rough Grading
3,400
CY
$3,00
$10,200
2.
Erosion Control
I
LS
$50,000.00
$50,000
3.
Pad Fine Grading
12
EA
$700-00
$8,400
5.
Storm Water Inlet
9
EA
SUBTOTAL
$60,600
B.
ASPHALT PAVING
4
EA
$2,000.00
$8,000
1.
Fine Grading
25,633
SF
$0.30
$7,690
2.
AC Pavement (2.5" AC /8" AB)
20,102
SF
$3.00
$60,310
SUBTOTAL=
$68,000
C. g,0NC8ag
1.
6" Wide Flush Curb
1,286
LF
$8.00
$10,290
2.
12' Wide Flush Curb
145
LF
$8.00
$1,160
3.
6' Vertical Curb
41
LF
$10,00
$410
4.
6" Standard Curb & Gutter
101
LF
$10.00
$1,0111
5.
4" Roiled Curb &Gufter
976
LF
$12.00
$11,710
6.
Decorative Pavement
2,659
SF
$6.00
$15,950
SUBTOTAL=
$40,530
M r I =2T
I
8" Storm Drain
2,837
LF
$25.00
$70,930
2,
12" Storm Drain
477
LF
$35.00
$16,700
3.
15" Storm Drain
355
LF
$37.00
$13,140
4.
18" Storm Drainer
244
LF
$40.00
$9,760
5.
Storm Water Inlet
9
EA
$2,500.00
$22,500
6,
Drainage Inlet
4
EA
$2,000.00
$8,000
7.
Area Drain
136
EA
$200,00
$27,200
SUBTOTAL=
-$168,230
E. MISCELLANEOUS
1. Signing & Striping I LS $3,500.00 $3,500
2. 3'(Average) Retaining Wall 1,039 LF $40.00 $41,560
3. 5! (Average) Retaining Wall 440 LF $80,00 $35,200
SUBTOTAL= $80,260
F. JOIPIT TRENCH
1, Street Light 4 EA $3,500.00 $14,000
2. Joint Trench Main Within Tract 1,2oo LF $60.00 $72,000
SUBTOTAL= $86,000
Page 2 of 2 Prepared by J. Yee
Recording requested by and when
recorded mail to:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Clerk
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE W103,27383
Space above this line for Recorder's use.
RELEASE OF COVENANT AND DEED RESTRICTION
FOR PARCEL 4 OF TRACT 7982
WHEREAS, SR Structured Lot Options I, a Delaware limited liability company
( "the Owner "), caused to be recorded in the Official Records of Alameda County that
certain Covenant and Deed Restriction ( "the Covenant "), recorded on March 3, 2011,
as Instrument No. 2011 -79727 and affecting the real property delineated as Parcels 1,
2, 3, 4, 5, 6, 7, 8, 9 and 10 of Tract Map 7982 recorded in the Official Records of
Alameda County on March 3, 2011, as Instrument No. 2011 -79726 ( "the Tract Map ") in
order to secure completion of certain improvements required as conditions of the City of
Dublin's approval of the Tract Map; and
WHEREAS, said Covenant imposed certain obligations on the Owner with
respect to securing the completion of improvements specified for each of the ten
individual parcels created by the Tract Map; and
WHEREAS, Said Covenant provides that the City shall release the Covenant in
whole or in part as to one or more of the individual parcels upon the effectiveness of a
Tract Improvement Agreement and accompanying security relating to the parcels or to
any individual parcel; and
WHEREAS, with respect to said Parcel 4, the owner has entered into a Tract
Improvement Agreement and has provided sufficient security to ensure that it will satisfy
its obligations with respect to said Parcel 4; and
WHEREAS, Owner has requested, and City wishes to release the Covenant with
respect to Parcel 4.
NOW THEREFORE, the City hereby releases the Covenant with respect to said
Parcel 4, except as otherwise provided herein, or in any other Release of Covenant and
Deed Description submitted by the City and recorded in the Official Records of Alameda
County, all other provisions of the Covenant shall remain in full force and effect.
Dated:
By-
Its- City Clerk
CITY,
City of Dublin,
a municipal corporation
By: Joni Pattillo
Its: City Manager
ATTEST-
SIGNATURES MUST BE NOTARIZED.
GADEVELOPMENT, PRIVATE \Dublin Ranch \Sorrento - East \Tract 7655 - Neighborhood 9 \Tract 7655 \Release of Covenant and Deed
Restriction.doc
Notary Acknowledgement
[Insert Here]
1655763.1
RESOLUTION NO. -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG -TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 7655
WHEREAS, a Vesting Tentative Map for Tract 7655 and Site Development Review for
Sorrento East was approved by Planning Commission Resolution 10 -09 on March 9th, 2010,
with Conditions of Approval; and
WHEREAS, said Conditions of Approval required the developer to construct project -
related landscape features within the public rights -of -ways; and
WHEREAS, said Conditions of Approval required the developer to enter into an
"Agreement for Long -Term Encroachment" for the maintenance of the landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement
for Long Term Encroachment for Landscape Features with Tract 7655 attached hereto as
Exhibit "A," which will be recorded against the property concurrently with the Tract 7655 final
map;
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City
Council to execute the Agreement.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
transmit said Agreement to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 4th day of September, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
GADEVELOPMENT, PRIVATE \Dublin Ranch \Sorrento - East \Tract 7655 - Neighborhood 9 \Tract 7655 \Resolution- LTEA.doc
AGREEMENT FOR LONG -TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN TRACT 7655,
SORRENTO EAST - NEIGHBORHOOD 9
THIS AGREEMENT FOR LONG -TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 7655 ( "Agreement ") is made between the City of Dublin ( "City ")
and Shea Homes Inc., a Delaware corporation ( "Owner ").
1. Property: The subject property is Tract 7655 as filed in Book of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Owner is the owner of Tract 7655, Sorrento East- Neighborhood 9,
( "Project ").
3. Landscape Features: Owner, as part of the Project, anticipates the construction
of Project related landscape features within the City's rights of ways on the
following streets with Tract 7655; Central Parkway, Grafton Street, Giovanni
Way, and Lee Thompson Street (collectively, the "Landscape Features ").
Construction details for these Landscape Features are shown on the Landscape
Plans for Tract 7655, Sorrento East- Neighborhood 9 prepared by R3 Studios,
approved by the City; Improvement Plans, Tract 7655, Sorrento East —
Neighborhood 9, prepared by MacKay & Somps, approved by the City; and
Improvement Plans, Tract 7982 - Sorrento East, prepared by MacKay & Somps,
approved by the City. The locations of these Landscape Features are attached
hereto as Exhibit A.
4. Encroachment Permit: Owners shall apply to the City for an encroachment
permit for work to be performed pursuant to this Agreement. The City must grant
the encroachment permit for all work to install, operate and maintain the
Landscape Features improvements and all the conditions imposed by the City
must be consistent with the provisions of this Agreement. If there is a conflict
between any provisions of this Agreement and the encroachment permit, the
provisions of this Agreement shall prevail over the conditions of the
encroachment permit.
5. Ownership: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, monuments, etc.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape improvements, including all frontage and island landscape plantings,
irrigation, and sidewalks within the designated areas, in a safe manner consistent
with the approved plans to the reasonable satisfaction of the City at its sole cost
and expense, including electric power and water cost. Owner will be responsible
at its sole cost to replace or repair any Landscape Feature damaged or removed
during the maintenance or repair of sewer, water, drainage or utility
improvements by the City, Dublin San Ramon Service District or utility company,
unless such damage or removal is caused by the negligence, gross negligence or
willful misconduct of the City, Dublin San Ramon Service District or utility
company. The City will maintain at its sole cost all asphalt concrete pavement,
concrete curb and gutter, drainage improvements, traffic signs and striping, and
streetlights and any other features in the public right of way.
7. Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features, the City may remove or reasonably relocate
the Landscape Feature at its sole cost. If any of the Landscape Features are
relocated, the City and Owners will execute a modification to this Agreement to
reflect the maintenance and operations at its new location. Provided, however, the
City is under no obligation to relocate any of the Landscape Features.
S. Insurance: Owners shall obtain and maintain in effect a combined single limit
policy of liability insurance not less than one million dollars ($1,000,000)
covering the Landscape Features improvements and shall name the City as an
additional insured.
9. Indemnification: Owners shall indemnify, defend and hold the City harmless
from and against any and all loss, claims, liability damage or expense or cost the
City may incur or become liable for or for which a claim is made by a third party,
due to or arising out of Owner's construction, maintenance or operations of the
Landscape Features unless caused by the negligence, gross negligence or willful
misconduct of the City, its agents, contractors or employees.
10. Permanent: The Landscape Features and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity, and are appurtenant to the
Property.
11. Right to Assign: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Tract 7655 or to a successor in interest of Owners with respect to all or a portion
of the Project; provided, however, that no such assignment of Owners' rights
interests and obligations under this Agreement shall occur without prior written
notice to the City and written approval by the City Manager, which approval shall
not be unreasonably withheld, conditioned or delayed. The City Manager shall
consider and decide on any assignment within ten (10) days after Owner's notice
thereof, provided all necessary documents and other information are provided to
the City Manager to enable the City Manager to assess the assignment.
12. Successors and Assigns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to the "Owner" in this Agreement shall be deemed to refer to and
2
include Shea Homes Inc., a Delaware corporation and all successors and assigns
Shea Homes Inc., a Delaware corporation including but not limited to the Tract
7655 Home Owner's Association.
13. Notices: Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given on the date of delivery if delivered personally to
the party to whom notice is to be given (including messenger or recognized
delivery or courier service) or on the second day after mailing, if mailed to the
party to whom notice is to be given, by first -class mail, postage prepaid, and
properly addressed as follows:
City: City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833 -6651
Attn: City Manager
Owner: Shea Homes Inc., a Delaware corporation
2580 Shea Center Drive
Livermore, CA 94550
Phone: (925) 245 -3610
Attn: Matthew J. Henry, VP of Land Acquisition
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. Partial Invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
16. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement, executed by each of the
parties hereto.
17. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
3
Dated this day of , 2012.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
City Manager
OWNER:
Shea Homes Inc., a Delaware corporation
go
Matthew J. Henry
VP of Land Acquisition
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RESOLUTION NO. — 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING PARK LAND DEDICATION CREDITS FOR PARK LAND DEDICATION
REQUIREMENTS FOR TRACT 7655
(SORRENTO EAST - NEIGHBORHOOD 9:
SHEA HOMES, INC., A DELAWARE CORPORATION)
WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider
of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map,
dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and /or
recreational purposes; and
WHEREAS, the Developer, Shea Homes, Inc., a Delaware corporation, is filing Tract
7655 Final Map for developing 12 lots for condominium purposes, which will contain 68 units;
and
WHEREAS, the Park Land requirements for the project based on the requirements of
the Municipal Code and the designated land use for Tract 7655 (68 condominium /
townhome) units are 1) Dedication of 0.4760 acres of Community Park Land or payment of
Community Park Land In -Lieu Fees, and 2) Dedication of 0.204 acres Neighborhood Park
Land or payment of Neighborhood Parkland In -Lieu Fees; and
WHEREAS, Developer has possession of credits for 0.4760 acres of Community Park
Land credits, which the Developer desires to have applied to fully satisfy the Community Park
Land obligation for Tract 7655; and
WHEREAS, Developer has possession of credits for 0.204 acres of Neighborhood
Park Land credits, which the Developer desires to have applied to fully satisfy the
Neighborhood Park Land obligation for Tract 7655.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.4760 acres
Community Parkland Credits and 0.204 acres of Neighborhood Park Land credits are hereby
accepted as performance of said subdivider's obligation under Subdivision Requirements in
Chapter 9.28 of the Dublin Municipal Code.
PASSED, APPROVED AND ADOPTED this 4th day of September, 2012, by the
following vote-
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor