HomeMy WebLinkAboutItem 4.3 Schaefer Rch Unit 2 Tr 8000or
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
October 2, 2012
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -60
SUBJECT: Approval of Final Map and Tract Improvement Agreement and Landscape
Improvement Agreement, and Acceptance of Parkland Dedication Credits for
Tract 8000, Schaefer Ranch Unit 2
Prepared by Mark Lander, City Engineer
EXECUTIVE SUMMARY:
Schaefer Ranch Development, Inc., a California corporation, is filing Final Map 8000 Schaefer
Ranch — Unit 2 to create 140 individual lots for the construction of single - family homes.
FINANCIAL IMPACT:
Schaefer Ranch Development, Inc. has provided Performance and Labor & Materials Bonds, to
guarantee construction of the streets, grading, utility improvements and landscaping to be
constructed with Tract 8000 and will pay the cost of construction inspection.
Purpose of Bond
Bond Number
Amount of Bond
Tract Improvements
1026493
$ 2,120,994.00
Landscape Improvements
1090078
$ 259,500.00
Once the improvements are accepted, the City will incur maintenance costs for City- maintained
improvements constructed with Tract 8000. The Homeowners' Association will be responsible
for maintaining the project landscape features within the public right -of -way.
Park Land dedication requirements are proposed to be satisfied with a combination of
Community Park Land and Neighborhood Park Land credits and payment of in -lieu Park
Dedication fees.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution Approving Final Map and Tract
Improvement Agreement and Landscape Improvement Agreement for Tract 8000, Schaefer
Ranch - Unit 2; and adopt Resolution accepting Park Land Dedication Credits for Park Land
Dedication Requirements for Tract 8000.
Page 1 of 3 ITEM NO. 4.3
Submit ed By
Public Works Director
DESCRIPTION:
Submitted By
Administrative Services
Director
Reviewed By
Parks and Com unity
Services Director
Schaefer Ranch Development, Inc., a California Corporation, is filing a Final Map for Tract 8000,
Schaefer Ranch — Unit 2, to create 140 individual lots (Attachment 1). Tract 8000 re- subdivides
Lots 261 through 296 and Lots M and N of Tract 6765 "Schaefer Ranch" filed on Book 297 of
Maps pages 1 through 51 to create the 140 individual single - family residential lots shown on the
Tract 8000 Final Map.
The Final Map for Tract 8000 dedicates the right -of -way for Jacqueline Street, Joey Dare Court,
Christina Joy Place, Martini Court, Albert Drive, Mindy Mae Lane, Dominic Way, Zac Court,
Seeno Street, and Sara Lee Court; and, also dedicates four separate parcels to GHAD for open
space, public access, and geologic hazard abatement. Finally, the Final Map also dedicates a
public service easement for the purpose of placing utilities behind the sidewalk.
On October 14, 2008, the Planning Commission adopted Resolution No. 08 -31 approving a
Vesting Tentative Map, and Resolution No. 08 -30 approving a PD- Planned Development
Rezone with Stage 2 Development Plan for the project known as "Schaefer Ranch South"
(Schaefer Ranch- Unit 2). On November 18, 2008, the City Council adopted Ordinance No. 38-
08, approving the PD- Planned Development Rezone with Stage 2 Development Plan. The Final
Map for Tract 8000 has been reviewed and been found to be in conformance with the Tentative
Map and Conditions of Approval adopted by Planning Commission Resolution No. 08 -31. The
Developer has submitted an executed Tract Improvement Agreement, together with the required
Performance and Labor & Material bonds.
Staff has prepared Resolutions approving the Final Map, Tract Improvement Agreement, and
Landscape Improvement Agreement for Tract 8000, Schaefer Ranch — Unit 2 (Attachments 2, 3,
and 4).
Maintenance and access of the landscape features in Tract 8000 will be included in the Long -
Term Encroachment Agreement for Landscape Features in Tract 6765, currently under review
by the Developer and the City.
Park Land Dedication Requirements
Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land
or pay a fee in lieu of dedicating such land as a condition of final map approval. Staff has
prepared a Resolution which outlines the park land dedication requirements and how Schaefer
Ranch Development, Inc. will achieve compliance (Attachment 5).
Although there are 140 lots in the current Final Map, 36 of these lots were originally created with
the approval of Tract 6755. As part of that approval the park land dedication for those 36 lots
has already been satisfied. In addition, Schaefer Ranch Development, Inc. has Community
Park Land credits and Neighborhood Park Land credits which can partially offset the park land
dedication requirements. The following table shows how Schaefer Ranch Development, Inc. will
satisfy the park land dedication requirements for Tract 8000:
Page 2 of 3
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 Schaefer Ranch Development, Inc.
ATTACHMENTS: 1. Final Map for Tract 8000, Schaefer Ranch — Unit 2
2. Resolution Approving Final Map and Tract Improvement Agreement
and Landscape Improvement Agreement for Tract 8000, Schaefer
Ranch - Unit 2
3. Exhibit "A" to Resolution, Improvement Agreement
4. Exhibit "B" to Resolution, Landscape Improvement Agreement
5. Resolution Accepting Park Land Dedication Credits for Park Land
Dedication Requirements for Tract 8000 Schaefer Ranch - Unit 2
Page 3 of 3
Dedication
Requirement
Developer
Schaefer Ranch
(After adjustment
Park Land
Development, Inc.
for 36 Lots
Credits
Compliance
originally part of
Available
Tract 6755)
Use of park acreage credits
Community Park Land
1.1648 acres
0.9688 acres
and payment of in -lieu Park
Dedication fees in the amount
of $199,220
Use of park acreage credits
Neighborhood Park Land
0.4992 acres
0.4152 acres
and payment of in -lieu Park
dedication fees in the amount
of $100,800.
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 Schaefer Ranch Development, Inc.
ATTACHMENTS: 1. Final Map for Tract 8000, Schaefer Ranch — Unit 2
2. Resolution Approving Final Map and Tract Improvement Agreement
and Landscape Improvement Agreement for Tract 8000, Schaefer
Ranch - Unit 2
3. Exhibit "A" to Resolution, Improvement Agreement
4. Exhibit "B" to Resolution, Landscape Improvement Agreement
5. Resolution Accepting Park Land Dedication Credits for Park Land
Dedication Requirements for Tract 8000 Schaefer Ranch - Unit 2
Page 3 of 3
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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 AND
LANDSCAPE IMPROVEMENT AGREEMENT
FOR TRACT 8000, SCHAEFER RANCH -UNIT 2
WHEREAS, the Final Map for Tract 8000, 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, Schaefer Ranch Development, Inc., a California corporation,
has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8000 to
improve required subdivision improvements in accordance with the Conditions of Approval for
the Tentative Map, and with the improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the
Lexon Insurance Company in the amount of $ 2,120,994.00 for the Tract 8000 Improvements
(Bond No. 1026493), and in the amount of $ 259,500.00 for the Tract 8000 Landscape
Improvements (Bond No. 1090078), conditioned upon faithful performance of said Agreement;
and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the
Lexon Insurance Company in the amount of $ 2,120,994.00 for the Tract 8000 improvements (Bond
No. 1026493), and in the amount of $ 259,500.00 for the Tract 8000 landscape improvements
(Bond No. 1090078), conditioned upon payment for labor performed or material furnished under
the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby
approved.
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby
authorized to execute said Tract Improvement Agreement and Landscape Improvement
Agreement, attached hereto as Exhibits "A" and "B ".
BE IT FURTHER RESOLVED that the Final Map of Tract 8000 be and the same is
hereby approved, and that rights to the areas marked as Jacqueline Street, Joey Dare Court,
Christina Joy Place, Martini Court, Albert Drive, Mindy Mae Lane, Dominic Way, Zac Court,
Seeno Street, and Sara Lee Court, Parcel A -1, Parcel A, Parcel B, Parcel C, Parcel D, Parcel
E, Public Service Easement (PSE), Storm Drain Easement (S.D.E.), and Public Access
Easement (PAE) 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.
1
PASSED, APPROVED AND ADOPTED this 2nd day of October 2012 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
GADEVELOPMENT, PRIVATE \Schaefer Ranch South \Final Map \Reso FM 8000 -1.doc
CITY OF DUBLIN
This Agreement (Agreement) is made and entered into this 2nd day of October, 20121, by
and between, the CITY of Dublin, a municipal corporation,- hereinafter referred to as "CITY ", and
Schaefer Ranch Holdings, LLC, a California Limited Liability Company (hereinafter referred to
as "DEVELOPER"). •
I
M
Said plans are now, or, if not yet finally approved, will be, on file in the office of the Public
Worka Director/City Engiriaer, and are hereby referred to, for a more definite and distind
description of the work to be performed under this Agreement a's though set forth at length
herein.; and
WHEREAS, CITY has determined that� The Improvements are a public works Project
subject to California prevailing wage requirements;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements -within
IMPROVEMENT AGREEMENT Page 1 of 11
k10VBUN\8CHAEFER RANCH, PvtAsE msubdivwon AgreembritMadt 8000. S.Ubdivi$lon Inip Agme,mant FINAL'(909042012).doc.
September 10, -0612:
the time hereinafter specified, and CITY intends to >accept DEVELOPFR's offer(s) of dedication
of right-of-way and The Improvements in consideration for DEVELOPER's satisfactory
performance of the terms and conditions. of this Agreement;
NOW THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the partles agree as follows;
Section 1 (a). Design Plans.
For plans which have not yet been submitted to the City; DEVELOPER shall submit final'
plans and specifications (construction documents) for the plans and specifications identified as
currently under review to the CITY for review within 90 days of the execution of this.Agreement
and shall obtain CITY approval of the final plans. and specifications for the Improvements no
later than 1 days: from the execution: of this Agreement. !CITY shall have 30 calendar days to
respond to DEVELOPER's initial submittal and 15 calendar days for any subsequent submittals
of revised plans and specifications. DEVELOPER shall design The Improvements in
accordance with the City's Development Standards. The final design, including detailed puns
and .specifications, shall be approved by the CITY, which may require fader review of the design
at DEVELOPER's cast. DEVELOPER shall obtain all required permits and pay all required fees.
Construction of The Improvements shall not begirt until .the final plans and the CITY approves
specifications.
Section 1(b }. Completion' Time.
Section P, :Estimated Cost of Improvements...
For purposes of this Agreement the estimated cost of constructing The Improvements is
agreed to be Two Million, One Hundrecland Twenty Thousand, Nine Hundred and Ninety..
four and 001100 Dollars ($ 2,120f99.4.00), as shown on the Engineer`s Estimate elated
06/12/2012 and .attached to this agreement as Exhibit "A ". Said amount include casty and
reasonable expensesand fees, which may be incurred in enforcing the obligation secured..
Section 3. Bond§ Furnished`:.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with
the following security in .a farm satisfactory to the CITY Attorney:
. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a
company duly and legally licensed to conduct general surety business in the
State of California, or an instrument of credit equivalent to one hundred percent.
(1001 %} of the estimates set forth in zSoction 2 and sufflcierit to assure CITY than
b. Lab-or and Materials.. Either a cash depdsjt,.,a corporate surety bond issued by a
company duly andlegally licensed to con duct.a. general surety business in the
State of California, or an instrument of credit equivalent to one hundred percent
(100%) of the estimates set ' forth in Section 2 and sufficient to assure CITY that
DEVELOPER'S contractors,, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefor.
C. If required by CITY, a, cash deposit, corporate . surety bond, or instrument of credit
sufficient to assure CITY that the surface water drainage of the subdivision shall
not 'interfere -w n 8 n -
with the use of neighboring property, includi g public streets a d
highways.
CITY shall be the sole indemnitee-riamed on any instrument required by this Agreement.
Any instrument or deposit required herein and the release thereof shall conform to the
provlsions.of Chapter 5 of the Subdivision Map Act.
Section 4. Insurance Required,
b. Minimum Limits cif Insurance. OWNER shall maintain limits no less than:
(i ) < General Liability:: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If commercial
General Liability Insurance or tither 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 reauired occurrence limit,
IMPROVEMENT AGREEMENT Page d of 11
1ADUBLINISCHAEFER RANCH 'PHASE lIkSubdivision AgreemenhTract 6000 Subdivision' Imp Agreement FINAL(009042012).do0
September 10,'2012
(d) The DEVELOP R's insurance shall appfy: separately to each
insured against whom claim is made or sUft is brought, ;except
with respect to the limits of the insurer's liability.
Section 5. Work LeL6rmance and Guarantee.
year guarantee period, and have been corrected, the guarantee period shall automatically
extended for the corrected items for an additional gear 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 (3Q} days time or such longer time period. as agreed to in. writing by the
City Engineer, 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 herdin- 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, twenty -five percent M%° �). of such costs and
wpenses 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.
Section 6. Inspection of the Work.
,Section 7. Agreement Assignment.
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreason.-albly,withheld.
Section 8. Abandonment ,of Work`.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to'be agents of CITY inconnection with the performance 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 e adjudged as, bankrupt, or should make a general assignment for the: benefit of
IMPROVEMENT AGREEMENT Page 'a Of 11
1ADOWMSCHAEFER RANCH PHASE f1kSubdivision AgreerrienATracf 8000 Subdivision thip Agreement FINAL(069042012).Ooc
September 10, 2012
DEVELOPER' creditors, or if a receiver should be appointed, car 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,
how ,ester, that if the surety, within thirty ( 0) days after th.e'serving upon it of such notice of
breach, does. not give -CITY written notice of its intention IQ take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such e'lectidn, 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:
W0 t 0 a
With copy to
Schaefer Ranch Holdings, LL
Attention: Jeanne 'C'. Pavo
40.21 Port Chicago Highway
Concord, CA 94,520
Any party or the surety may change such address by notice in writing to th e, outer party
and thereafter notices shall be addressed and transmitted to the new address.
Concurrently -with the execution of this Agreement, DEVELOPER has executed and has
caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may
IMPROVEMENT AGREEMENT Page 7 of i 1
1,DUBLINi SGHAEFER RANCH: PHASE II\Subdivi on Agreemenffract 8000 Stabdivisicn Imp Agreement FINAL,, (009042012).doe
SepWiber 10, 2012
Section 11. SafLety Devices.
Sectionl-S. Patent and CoavdahtCogts.
-
IMPROVEMENT AGREEMENT . Page 8 of I i.
I.-%DUE§LIM"§,CkAEFER RANCH PHASE JASubdlvisjon AgreemenATract.8000 Subdivision Imp Agreement FINAL(009042012).doc
September 10, 2012
Any alteration or alterations made it 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 2019 of the Civil Code of the Mate of California.
ection 15. Liabiitit,
C. Litigation Expenses. In the event that letgal action isanstituted by either
party to this Agreement, and said action seeks damages for breach of this
Agreement or seeps 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 oasts. If CITY is the
prevailing party, CITY shall also be entitled to recover its attorney's fees
iMPROVEMEN7 AGRE
I -AD )BLIMSGHAEFER
and costs in any action against DEVELOPER's surety on, the bands
provided under Section 3.
Section 16. Indemnification and Waiver.,
1111IM1111P
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
CITY- DEVELOPER,
City of Dublin, Schaefer Ranch Holdlqgs, LLC
a California limited liability company
Joni pato1q, aftyManagot
Date:
'By:,
Caroline, Soto, City Qleprk.
Date:
Mi
Typed or Printed Name
-IZ-
Date
.IMPROVEMENT A AISEMEN1.7 Page 10 of 11
1ADUBLIMSCHAEFER RANCH PHASE IhS.0t3cIfyision AgreemenATract $000 Subdivi [ Sion Imp Agreement FINAL(009042012).doe
SePtember 10, 2012
ENGINEER'S ESTIMATE
SCHAEFER RANCH UNIT 2 (140 LOTS)
TRACT NO. 8000
FOR BOND PURPOSES ONLY
7M Rood, STe-'-
Xdnft Creek. CA 9459831
92,c,937-93.33 * low W5-937-7926
Description Unit Quafflnift Unit Price Total Cost
pi[*Mq��q
18" RCP LF 1,797 $ 40.00 $ 71,880
24" RCP LF 1,070 $ 55-00 $ 58,850
30" RCP LF 900 $ 70,00 $ 63,000
TOTAL STORM DRAINS $ 193,730
TRENCHING
Joint Trench (Only)
STREET LIGHTING
Street Lights
LF 4,645 $ 80-00 $
TOTAL TRENCHING $
EA 18 $ 2,500.00 $
TOTAL STREET LIGHTING $
CURB,GUTTER,SIDEWALK & DRIVEWAYS
371,600
371,600
45=0
45,000
Curb and Gutter LF 10,601 $ 20.00 $ 212,020
4" Concrete Sidewalk SF 45,554 $ 5.00 $ 227,770
Handicap Ramps EA 22 $ 1,650.00 $ 36,300
TOTAL CURB, GUTTER, AND SIDEWALK $ 476,090
20' 1 105-rEngireets Estimate - 07_06 >t 2-2012.* 611212012 Page I of 2
7*77
7255 vqracC)Wev Rr'01 ste'c
Vex-V CrOok, CA 94S8-334q'
925 -9374333 • f<44x 925-1;37-792n�
ENGINEERS ESTIMATE
SCHAEFER RANCH UNIT 2 (140 LOTS)
TRACT NO. 8000
FOR BOND PURPOSES ONLY
Description Unit Quantfty Unit Price Total Cost
OTHER STRUCTURES
$
185.00
$
2,220
Monuments EA 38
$
Catch Basin, Type A Inlet (CD 401)
EA
23
$
2,000-00
$
46,000
Catch Basin, Type B Inlet (CD 402)
EA
1
$
2,500.09
$
2,500
Catch Basin, Type C Inlet (CD 403)
EA
3
$
3,000.00
$
9,000
Storm Drain Manhole, Type I Base (CD 407)
EA
2
$
31000.00
$
6,000
Storm Drain Manhole, Type 11 Base (CD 408)
EA
2
$
3,500.00
$
7,6013
TOTAL OTHER STRUCTURES
$
70,560
BASE AND PAVING
3" AC / 9"AS (estimated)
SF
190,558
$
3.50
$
666,953
TOTAL BASE AND PAVING
$
666,953
SIGNAGE, MONUMENTS, AND STRIPING
Street Nam Signs EA 12
$
185.00
$
2,220
Monuments EA 38
$
325.00
$
12,350
Stop Sign EA 12
$
200.00
$
2,400
Striping LS 1
$
3,500,00
$
3,500
TOTAL SIGNAGE, MONUMENTS, AND STRIPING
$
20,470
SUB TOTAL ENGINEER'S ESTIMATE $ 1,844,343
15% CONTINGENCY $ 276,651
TOTAL ENGHVEER'S ESTIMATE
$ 2,120,994
NOTES*
1. This estimate is prepared as as guide only and is subject to possible change. It has been
prepared to a standard of accuracy which, to the best of our knowledge and judgement, is
sufficient to satisfy our understanding of the purposes of this estimate. Isakson & Associates
makes no warranty, either expressed or implied, as to the accuracy of this estimate.
2. Costs presented herein represent an opinion based on recent published information.
No provision has been made for inflation.
3. Quantities are based on "first-submittal- plans.
201105- Engineers Estmate-07-06-122012.4s
&102012 Page 2 o12
CITY; OF DUBLIN
r
RANCRMLDINd
ragm
Lam fer Ranch Unit r r l r6par d by iVfp Fotheringha
Landscape Architect, Inc., dated 08/28/2012, (or as may be revised by the City of
Dublin prior to approval,.)-
Said plans are crow, or, if not yet finally approved, will be, on file in the office of the Public
Works Director /City Engineer, and are hereby referred to for a more definite and distinct
description of the work to be performed under`this Agreement as though set forth at length
herein; and;
HE EAST CITY has determined that The Improvements are a public works project
subject to California prevailing wage requirements;
WHEREAS, a, DEVELOPER` intends to satisfactorily complete The Improvements within
the time hereinafter specified;. and CITY intends to accept DEVELOPER's offer(s) of dedication
of right -cif -way and The Improvements in consideration for DEVELOPER's satisfactory'
performance of the terms and conditions of this Agreement;;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
Par plans which have not yet been submitted to the City, DEVELOPER shall submit final'
plans and specifications (construction documents) for the plans, and specifications identified as
IMPROVEMENT AGREEMENT Pagel of 1 t
currently under review to the CITY for review within 90 days of the execution of this Agreement"
and shall obtain CITY approval of the final,plans and specifications for the Improvements no
later than 1,80- days from the execution, of this Agreement. CITY shall have 30 calendar days to
respond to DEVELOPERsInitial submittal. and 15 calendar days for any subsequent subrnittals
of revised and specifications. 'DEVELOPER shall design The Improvements in
accordance with the City's Development Standards. The. final design, including detailed plans
and specifications, shall be approved by the CITY, which may require peer ry
iew of the design
e
at DEVELOPER's cost. DEVELOPER shall obtain all required permits and pay all required fees,
Construction of The Improvements shall not begin until the final plans and the CITY approves
specifications.
DEVELOPER will commence construction of The Improvements within one hundred
eighty {1 0) days following the date on which CITY executes this Agreement. DEVELOPER
shall complete such Improvements no later than two years following execution of this
Agreement or not later than October 2, 2014. Upon completion, DEVELOPER shall furnish
CITY with a complete and reproducible set of final as-built plans of The Improvements,
including any authorized modifications.
• ♦ ♦ I 0# -t-
�
suff icient to assure CITY tharthe surfacamater: drainage of the subdivision shall
not interfere with the use of neighboring property, including public. streets and
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 to the
provisions of Chapter 5 of the Subdivision Map Act.
Section 4. Insurance Required.
'
IMPROVEMENT AGREEMENT Page 3 of 11
septernber 10, 20,12
compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $11,000,000 per accident,
Deductibles and Self-insurance Retentions, Any deductibles or self-instired
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 at 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 provisiGns:
(i) General Liability and Automobile Liability Coverages.
(c) AnyJallure to comply with reporting provisions of the policies
shall not affect coverage provided to the CITY, its officers,
officials, employees or volunteers.
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 alter thirty (3q)
days' prior written notice by certifted mail, return receipt requested;
has been liven to the CITY.
(a) Acce ttaability of Insurers, Insurance is to be placed with
insurers with a Bests' rating of no less than AM 1
() Vorificatian,of Coverage. DEVELOPER shall furnish CITY
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 maybe required as determined in the sole discretion and
judgment of CITY.
11 CITY,, at its sale 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, twenty-five percent 425°!0) of such costs and
expenses for overhead, and interest at the maximum rate of interest permitted by law accruing
thirty (31.0) days from the date of billing for such work or repairs.
Section 6. Inspection of the Work.
DEVELOPER shall' guarantee free access to CITY through its City Engineer and
.designated representatives 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 Improvements
plans and specifications.
Section 7. Agreement Assignment:
DEVELOPER shall not assign this Agreement without the written consent of CITY, which
consent shall not be unreasonably withheld,
"1--- 9 "e, a . - .
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
WPRovEMEENT AGREEMENT page 6 of i1
I:kDUBLIMSCH AIEF ER RANCH PHASE li.\$u4(fivfsion.Agreement\Tract 8000 Landscape imp Agreement FINAL(009042ttI2).doo
Septem4er 10, 2012
All notices; herein required shall �bq in writing and delivemd in pOrsort or sent by
regi�stered�mail, p0stnepr6pald.
81�(mHRWSe , Publid Works WgAw
qfy of Dublin
1 Ob Wia P�Jaza
Dublin, 0A,0008
MBMMI 121 1=1111 � � � � � 1! 111111! 11111111 � 11 � ��
MUM 31161911001WITOMM
rM a =--
'gal
�no ord 0A
0
With copy to:
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, DE I VELOP ERfias ex-ecute
d and has
caused, to be acknowledged an abstract of this Agreement, DEVELOPER agrees CITY may
record said abstract in-the Official. Records of Alameda County,
Section1Q. Use of Streets .or ImpLovements.
At all times prior to the final acceptance of the work by CITY. the use of any or all's t reets
and improvements within the work to be performed under this Agreement.shall be at the sale
and exclusive risk of DEVELOPER. The issuance of any building, or occupancy permit by CITY
for dwellings located within the project site shall not be construed in any manner to constitute a
IMPROVEMENT AGREEMENT Page 7 of 1i
It. . NDUBLIMSCHAEPERR CHJ PHASE 11\Subdivislon AgreementkTrad 8000 Landscdpe (mpAgrelpment FINAQ06042012),doc
September 10, 2012
partial or find acceptance or approval of any or all such improvements by Glib'. DEVELOPER
agrees that CITY's Building Official may withhold, the issuance of building or occupancy permits
when 'thew brk or its progress may'substantially and /or detrimentally affect public health and
safety.
Section 11`. Safety Devices.
es.
Section 13. Patent and CopydghtGosts.
In the event that said plans and specifications require the use of any material, processor
publication which is subject to a duly registered patentor copyright., DEVELOPER shall be liable
for, and shall indemnify CITY from any fees,, costs or litigation e nsas, ir�luding attorneys'
fees and court, casts,. which may result from the use of said patented or copyrightedt material,
process or public ation.
IMPROVEMENT AGREEMENT Page 8 of 11
I.- TUBLIMSGHAEFER RANCH PHASE I11Subdivision AgreernentMad 8000 Landscape Imp Agreement FIiNAL(009042012).doc
September 10,;2012:
Section 1 .. Li bi(it ..
IMPROVEMENT AGREEMENT Page of
1:1 UBLEE*IWHAEEER RANCH PHASE'fEtSubdivi6ion AgreemenATrapt 8000 Landscape Imp Agreement FINAL (009042012).doc
DEVELOPER shall defend CITY, its officers, employees and officials, against any claims
or actions (including declaratory or injunctive reliefs concerning DE41ELOPER's coostruction of
The Improvements on DEVELOPER's, property and shah indemnify and hold CITY harmless
from any damages, charges, fees or penalties that may be -awarded or imposed against CITY
and/or DEVELOPER in connection with, or on account of; DEVELOPER's construction of The
Improvements and /or CITY's failure to enforce or comply With any applicable lads.
Section 17. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN I TNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
at Dublin, California, the day and year first above written.
CITY: DEVELOPER.-
City of Dublin: Schaefer Ranch Holdings:, LLC
a California limited liability company
By:
Joni Patillo, City M "anager
Gate:
Eby.'
Caroline Soto, City CleirK
Date:
w
MM I&II011, "I I A
MM 12111 , • e,
Title
011 Win
Date
of 11
1
6
EXHIBIT 66A'9
Project Schaefer Ranch 2 - Tract 8000 MD Fotheringham, Landscape Architect, Inc.
Client: Schaefer Ranch Development, Inc. 8/29/2012
Phase: Construction Documents 75% Submittal - HOA Common Areas Page 1 of 1
Prepared by:
MD Fotheringham, Landscape Architects, Inc.
NOTES:
Quantity
Unit
Unit Price
Total
1
Fine Grading /Soil Preparation
88,125
SF
$0.35
$30,843.75
2
Irrigation System
88,125
SF
$1.15
$101,343.75
3
4 -inch Box Trees (Dublin Blvd. Frontage & Street Tr
215
EA
$165.00
$35,475.00
4
15 Gallon Trees
57
EA
$100.00
$5,700.00
5
5 Gallon Shrubs
1,152
EA
$10.50
$12,096.00
6
1 Gallon Shrubs
1,090
EA
$4.25
$4,632.50
7
Ground Covers
3,640
SF
$2.50
$9,100.60
8
Small Chip Fir Bark (3 inches thick)
88,125
SF
$0.30
$26,437.50
Subtotal
$225,628.50
$22,562.85
*10% construction contingency
Total
$248,191.35
Average Landscape cost I
88,125
SF
Cost per SF
$2.82
Number of Lots 1
140
EA
Cost per Lot
$1,772.80
Prepared by:
MD Fotheringham, Landscape Architects, Inc.
NOTES:
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 8000
(SCHAEFER RANCH -UNIT 2:
SCHAEFER RANCH DEVELOPMENT, INC., A CALIFORNIA 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, Schaefer Ranch Holdings LLC, a California Limited
Liability Company (DEVELOPER), is filing Tract 8000 Final Map for developing 140
residential dwelling units; and
WHEREAS, An adjacent area denoted by Final Map 6765 was previously deemed
complete in December 2006 and was recorded March 8, 2007 containing 302 lots; and
WHEREAS, The lots being created by Final Map 8000 include 36 lots that were
previously created by Final Map 6765 and already satisfied the park land dedication
requirements; and
WHEREAS, the calculation of park land dedication requirements for Tract 8000 will
take into account the adjustment for the 36 lots which have already satisfied park land
dedication requirements; and
WHEREAS, the Park Land requirements for the project based on the requirements of
the Municipal Code and the designated land use for Tract 8000 as adjusted for lots previously
satisfied are 1) Dedication of 1.1648 acres of Community Park Land, and 2) Dedication of
0.4992 acres Neighborhood Park Land; 3) Ora combination of credits and In -Lieu Fees; and
WHEREAS, DEVELOPER has possession of credits for 0.9688 acres of Community
Park Land credits, which will partially offset the Developer obligation and in combination with
a payment of in -lieu Park Dedication Fees of $199,220 will fully satisfy the Community Park
Land obligation for Tract 8000; and
WHEREAS, DEVELOPER has possession of credits for 0.4152 acres of
Neighborhood Park Land credits, which will partially offset the Developer obligation and in
combination with a payment of in -lieu Park Dedication Fees in the amount of $100,800 will
fully satisfy the Neighborhood Park Land obligation for Tract 8000; and
WHEREAS, DEVELOPER has deposited with the City of Dublin the full amount
required to satisfy the outstanding Park Land In -Lieu Fees for Tract 8000, (the outstanding
obligation was calculated following the reduction for the 36 lots which already satisfied
requirements under Final Map 6755 plus the application of Developer Credits).
NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.9688 acres
Community Park Land Credits plus payment of $199,220 in Community Park Land In -Lieu
Fees; and the application of 0.4152 acres of Neighborhood Park Land Credits plus payment
of $100,800 in Neighborhood Park Land In -Lieu Fees 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 2nd day of October, 2012, by the
following vote-
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor