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HomeMy WebLinkAboutItem 4.10 Wallis Ranch Tr 7713 Neighborhood 3or 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL December 15, 2015 Honorable Mayor and City Councilmembers CITY CLERK File #600 -60 Christopher L. Foss, City Manager " Approval of Final Map and Tract Improvement Agreement, and Acceptance of Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 7713, Wallis Ranch, Neighborhood 3 (Taylor Morrison of California, LLC) Prepared by Ananthan Kanagasundaram, Acting Senior Civil Engineer EXECUTIVE SUMMARY: Taylor Morrison of California, LLC, is filing a Final Map for Tract 7713 (Wallis Ranch, Neighborhood 3) to create 74 lots for the construction of 74 homes. Tract 7713 is bounded on north by Stags Leap Lane, on the south by Wallis Ranch Drive, on the west by open space, and on the east by Kenwood Road. FINANCIAL IMPACT: The developer has signed a Tract Improvement Agreement and posted bonds to guarantee the construction of tract improvements associated with Tract 7713. The developer will be responsible for all construction inspection costs related to the improvements required for Tract 7713. The Homeowners' Association will be responsible for maintaining the private streets and project - related landscape features. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving Final Map and Tract Improvement Agreement for Tract 7713, Wallis Ranch, Neighborhood 3; and adopt the Resolution Accepting Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 7713, Wallis Ranch, Neighborhood 3. ", - .1 _4 Submitted By Public Works Director DESCRIPTION: (ice Reviewed By Administrative Services Director '\ Reviewed By Assistant City Manager On September 16, 2014, City Council approved the Final Map for Tract 7515 (Resolution No. 155 -14), which subdivided the Wallis Ranch site into large -lot parcels for future development. Page 1 of 3 ITEM NO. 4.10 On September 1, 2015, City Council approved Final Map for Tract 8252 (Resolution No. 144- 15), which re- subdivided the project site into large -lot parcels for future development, dedicated parcels for future parks, and dedicated public right -of -way and easements. Taylor Morrison of California, LLC, is now filing a Final Map for Tract 7713, Wallis Ranch Neighborhood 3, to subdivide Parcel 3 and Parcel 25 of Tract 8252 into 74 lots for the construction of 74 homes, establish private streets, and dedicate public service easements and emergency vehicle access easements (Attachment 1). The Final Map for Tract 7713 has been reviewed and found to be in conformance with Vesting Tentative Tract Map 7713 and the Conditions of Approval. The Developer is responsible for the construction of all on -site infrastructure improvements within Tract 7713, as required by the Conditions of Approval for Vesting Tentative Map 7713 (Resolution No. 68 -14), and by the Planned Development Rezoning with Amended Stage 1 and Stage 2 Development Plans for Wallis Ranch adopted by City Council on June 3, 2014 (Ordinance No. 11 -14). To guarantee the construction of the required improvements, the Developer has submitted an executed Tract Improvement Agreement and the required Faithful Performance and Labor & Material Bonds, which are summarized below. Purpose of Bond -Bond dumber Amount,of Bond Tract 7713 Tract Improvements 919088 $ 1,010,104.00 Faithful Performance Tract 7713 Tract Improvements 919088 $ 1,010,104.00 Labor & Materials The developer will be responsible for all construction inspection costs related to the improvements required for Tract 7713. All streets internal to Tract 7713 will be privately owned and maintained by the Homeowner's Association. Staff has prepared a Resolution Approving Final Map and Tract Improvement Agreement for Tract 7713, Wallis Ranch, Neighborhood 3 (Attachments 2 and 3). 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. Taylor Morrison of California, LLC has acquired Community Park Land Credits and Neighborhood Park Land Credits from park land dedicated with the Final Map for Tract 8252. The following table shows how Taylor Morrison of California, LLC will satisfy the park land requirements for Tract 7713: Community Park Land 0.518 acres $639,804.00 Use of Credits Acquired Neighborhood Park 0.222 acres $317,238.00 Use of Credits Acquired Land Page 2 of 3 The calculation of the acreage required and /or in -lieu fees are determined in accordance with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution Accepting Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 7713, Wallis Ranch, Neighborhood 3 (Attachment 4), which outlines the requirements and how Taylor Morrison of California, LLC will achieve compliance. NOTICING REQUIREMENTS /PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this report have been provided to Taylor Morrison of California, LLC. ATTACHMENTS: 1. Copy of Final Map for Tract 7713 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 7713, Wallis Ranch, Neighborhood 3 3. Exhibit "A" to Resolution, Tract Improvement Agreement, Tract 7713 4. 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BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby authorized to execute said Tract Improvement Agreement, Tract 7713, attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the Final Map of Tract 7713 be and the same is hereby approved, and that rights to the areas marked as Public Service Easement (PSE) and Emergency Vehicle Access Easement (EVAE), offered for dedication for public use in conformity with the terms of dedication be, and they are hereby accepted, subject to improvement, and that the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. vote: PASSED, APPROVED AND ADOPTED this 1st day of December, 2015, by the following 1 AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 7713 This agreement is made and entered into this 1st day of December, 2015, by and between the City of Dublin, a municipal corporation, hereinafter- referred to as "CITY ", and Taylor Morrison of California, LLC, 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. 7713, desires to improve those improvements (hereafter "The Improvements ") required by City of Dublin City Council Resolution No. 68 -14 adopted on May 20, 20 14 for Tract 7713 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; ® Rough Grading Plans — Tract 7713 — !Neighborhood 3 at Wallis Ranch, prepared by MacKay & Somps, and signed by the City Engineer Improvement Plans — Tract 7793 — Neighborhood 3 at Wallis Ranch, prepared by MacKay & Somps, and signed by the City Engineer ® Joint Trench & Private Street Lighting Plans — Tract 7713 — Neighborhood 3 at Wallis Ranch, prepared by Giacalone Design, Inc., and signed by the City Engineer Landscape Plans — Tract 7713 — Neighborhood 3 at Wallis Ranch, prepared by Gates & Associates, and signed by the City Engineer and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein, WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, CITY has determined that the portion of The Improvements that will be accepted by the City as Public improvements are a public works subject to California prevailing wage requirements: NOW THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. DEVELOPER shati complete said work not later than two years following said date of execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final Record Drawings of The Improvements, including any modifications made during construction. 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement are presented in the Bond Estimate, Wallis Ranch — Neighborhood 3 Improvement & Grading Plans, dated October 1, 2015, prepared by MacKay & Somps: Y Tract 7713 Improvements $1,010,104.00 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said amount reflects that the Tract 7713 Improvements are currently 0% complete (bond is for 100% of the full amount). The bond estimate is attached as Exhibit A to this agreement. 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: Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred per cent (100 %) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively, the "Faithful Performance Bond "). Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one - hundred per cent (100 %) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefore (collectively, the "Labor and Materials Bond "). CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. 3. Insurance Required. Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph Prior to the commencement of work under this Agreement, DEVELOPER' general contractor (if different than Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER' general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1173) 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. 1178) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the CITY. DEVELOPER hereby declares that the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self - insured retention for Bodily Injury and Property Damage Liability, (ii) a $2,000,000 per occurrence self- insured retention for third party action over actions and (iii) a $7,500,000 per occurrence self - insured retention for Home Builder's Limited Warranty Coverage, Construction Damage Liability Coverage and Fungi and Related Medical Payments ( "GL SIR'S"). The CITY hereby approves the GL SIR's. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. 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 Covera e. 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 (34) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. Notwithstanding the foregoing, if an endorsement that would provide for thirty (30) days' prior written notice prior to one or more of the above actions is not commercially available, DEVELOPER shall be excused from providing an endorsement covering said action or actions, provided that in such circumstances, DEVELOPER shall give written notice to the CITY as soon as is practicable if DEVELOPER learns that its coverage has been suspended, voided, cancelled by either party or reduced in coverage or in limits. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coverage. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to certify coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time provided; however, that if the policies are not yet available, the City will accept copies of the applicable binders. c) Subcontractors. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and 4 devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one -year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in workmanship and materials actually appear during the one -year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50 %) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 5. InsiDection of the Work. DEVELOPER shall guarantee free access to CITY through its City Engineer and designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 6. Agreement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY, 7. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or If a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER'S contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of such written notice to cure such default; provided that, if such cure cannot be reasonably effected within such fifteen (15) day period, such failure shall not be a default hereunder so long as DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter diligently prosecutes such cure to completion. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefore. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: Taylor Morrison of California, LLC 81 Blue Ravine Road Suite 220 Folsom, CA 95630 Attn. Jennifer Besmer Phone: (925) 983 -4690 Email: JBesmer @taylormorrison.com Notices required to be given surety of DEVELOPER shall be addressed as follows: Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 8. Use of Streets or Im rvvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 9. Safet 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. Acce Lance of Work. Upon notice of the completion of The Improvements and the delivery of a set of final as -built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine The Improvements without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements that are within the Public right -of -way or Public easements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify, DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private Improvements and a warranty bond will not be needed for these Improvements; provided however, the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or his designated agents of their completion and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. 11. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or Publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 12. Alterations in Plans and 5 ecifications. 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. 7 13. Liability, A. DEVELOPER Primarily Liabfe. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows; 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. 4) Litigation Expenses. in the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 14. Recitals. The foregoing Recitals are true and correct and are made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By: City Manager ATTEST: City Clerk DEVELOPER Taylor' Morrison of California, LLC By: Authorized Rep.Tesentativb G, ID EVE LOP MENT, PR I VATEMalfis Ranch - N3 - Tr 7713Ag reem an tslT IA - Taylor Morrison - Tr 7 713. dor, CALIFORNIA ALL- PURPOSE CERTIFICATE OF .ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California z County of �t „,,,_. u. .€ •- r •, r " %1 ere nse name an Mrs a t o e € V. personally appeared i arson who proved to me on the basis of satisfactory evidence to be the person(sr) whose name(-&) ]s are subscribed to the within instrument and acknowledged to me that het ie they executed the same in his(�e�i (their authorized capacity(ies), and that by his(ffEtftheir signature(a) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TE�REI LYNNE CLARK WITNESS my hand and official seal, commission NO.203873 NOTARY PUBLIC C91LEFORNIA ' 9 9 r •` Y ALAMEDA COUNTY -••� F r ? i F n .s MY CORD(. ExPkes NOVEME i 3, 90% �.• Notary Publre''Sigri tore (Notary Public seal) IVIATION INSTRUCTIONS FOR COMPLETING THIS FQRNI A ©DITIQNAL OPTIONAL INFOR This fw'rn complies iarth current California statntes regarding notaq wording acrd, DESCRIPTION OF THE ATTACHED DOCUMENT f needed, ,shaald he completed and allachedto the document..dc naiirledgtrrernts fi-01n Other states nray he conrydeledfoi• documents being sent to that state so long as the wording does not f equire the Califonua nolar:r, to rtolate Califontia nolaq Tow. {Ti(le or description of attached document} • State and County inforruation must be the State and County where Tile doeurnenl signer(s) ptr'sonally appeared before the notary public for acknowledgmci t- (Title or descr ption of attached document continued) • Date of rrotam ttion must be the date tNt the sfgncr(s) personally appeared which muss also be the saint date the acknowledgment is completed- • The notary public must print Tris or her panic as it appeals within his or her Number of Pages Document Date commission followed by a colmna and then your title (notary public). ■ Print the names) of doomneut simr(s) who trersorrally aunear ur the tine of 1 LUUIEZaL1On- • Indicate the eonect singular ol pitttaI forms by crossing uli incorrect fonns (f.e. "'shekkny, is Ittte ) or circling the Qom =t forms. Fai1Ure to correctly indicate this intbnnatian may lead to rcjeclien of document recording, • The notary real impreasi0n Most he clear' and photographically reprodocible. Impression must not cover lest nr Ii11es. If seal impression smudges, re -seal if a suffroientarca perirtits, otherwise complete a different acknowledgment fonn, • Sifmature of the nutary public must match the signature on lilt with lht ofce of the county- clerk. Additional inforvtalion is not required but could help to ensure this acknowledgment is not misused or attached to a different document, a Indicate title ortypc of4(taclied document, number of pages and date. rr Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (ix- C E0, CFO, Secretary). 2015 Version WW'N- NafaryClasses.com 800 673.9865 • Securely attach this documennt to the signed document with 4 staple. 19604 -030 Revised 10/1/2015 BOND ESTIMATE WALLIS RANCH - NEIGHBORHOOD 3 IMPROVEMENT & GRADING PLANS DATED SEPTEMBER 2015 City of Dublin ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT A. STREETWORK 1. 64,625 SF Finish grading street 0.40 $24,250 2. 64,625 SF Pavement Section (3"AC 112 "AB) 3.50 212,190 3, 14,715 SF 4" AB under Driveway 0.72 7,710 4, 5,600 SF 4" AB under rolled curb & gutter 0.72 4,030 5. 608 SF 4" AB under standard 6" curb & gutter 0.72 440 6. 940 SF 4" AB under 6" concrete band 0,72 680 7. LUMP SUM Signing & Striping 5,000 S. 2,240 LF 4" PVC Gutter sub drain [under rolled curb only] 9.50 21;280 9. 6 EA Pavement Reflectors at Fire hydrants 3.00 20 10. 3,700 SF Paved rnuiti -use trail (3" AC on 9" AB) 3.00 11,100 11, 8 EA Street Name Sign 250.00 2,040 12. 4 EA Stop sign, stop bar and legend 500.00 2,000 13. 4 EA Traffic signs 250.00 1,000 ESTIMATED TOTAL STREET WORK: $291,700 B. CONCRETE WORK 1. 2,175 LF Rolled curb & Gutter 15.00 $32,630 2. 355 LF Standard 6" curb & gutter 15.00 $5,330 3. 2,000 LF 6" wide concrete band 10.00 $20,000 4. 18 EA Curb Inlet 4,200.00 75,600 5. 7 EA Field Inlet 2,000,00 14,000 6. 4,136 SF 4" Concrete walkway 4.00 16,540 7. 4,136 SF 4" AB under concrete walkway 0.72 2,980 ESTIMATED TOTAL CONCRETE WORK: $167,080 C. STORM DRAIN WORK 1. 1,785 LF 18" HOPE Storm drain pipe 45.00 80,330 2. 850 LF 6" HQPE Storm drain pipe 10.00 8,500 3. 517 LF 8" HDPE Storm drain pipe 30.00 95,510 4. 3 EA Connect to Existing 2,000.00 6,000 5. 74 EA 4 "SD stub (Lot Drainage) 500.00 37,060 ESTIMATED TOTAL STORM DRAIN WORK: $147,340 19604- Ne1ghbnrhood 3 Bond es[- Cublin- 20160923.x1s Page 1 of 3 19604 -030 Revised 1 01112 0 1 5 D. ELECTRICALIJOINT TRENCH 1. 16 EA Single arm "Decorative" electrolier including 3,500.60 $56,000 conduit & boxes 2, 2,220 LF Joint Trench (length of improvements) 60.00 133,200 ESTIMATED TOTAL ELECTRICAL, WORK: $189,200 E. ROUGH GRADING 1. 17 EA Survey Monuments 300.00 $5,100 ESTIMATED TOTAL ROUGH GRADING WORK: $5,100 F. EROSION CONTROL 1. LUMP SUM Erosion Control $50,000 ESTIMATED TOTAL. EROSION CONTROL: $50,000 G. MISCELLANEOUS CONSTRUCTION 1. 200 LF 6" irrigation sleeves 12.00 $2,400 2. 2 EA Removable bollard 250,00 $500 3. 27 EA Wheel Stop 100.00 $2,700 ESTIMATED TOTAL MISC. CONSTRUCTION: $5,600 SUMMARY A STREETWORK $291,700 L3 CONCRETE WORK 167,080 C STORM DRAIN WORK 147,340 ❑ ELECTRICAL/JOINT TRENCH 189,200 E ROUGH GRADING 5,100 F EROSION CONTROL 50,000 G MISCELLANEOUS CONSTRUCTION 5,600 ESTIMATED IMPROVEMENT COST: $856,020 CONTINGENCY (10 %) $85,602 ENGINEERING FEES (8 %) $68,482 TOTAL BOND ESTIMATE: $1,010,144 196tl4- Nmghb- rhvvd3B ond-- W)whlln-20150923,x1s Page 2 of 3 NOTE 19644.030 Revised 1011!2015 This estimate is prepared as a 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 judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay & 5omps makes no warranty, either expressed or implied, as to the accuracy of this estimate. Prepared by the firm of MACKAY & SOMPS 1-Rio9- Neighborhood 3 Bend eat -Ou HrL- 211150K2 Ap Page 3 of 3 RESOLUTION NO. — 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARK LAND DEDICATION IN -LIEU CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7713, WALLIS RANCH, NEIGHBORHOOD 3 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, Taylor Morrison of California, LLC, is filing a Final Map for Tract 7713 to develop 74 residential dwelling units constructed on 74 lots; and WHEREAS, the Park Land requirements for the project, based on the requirements of the Municipal Code and the designated land use for Tract 7713 are 1) Dedication of 0.518 acres of Community Park Land or payment of $639,804.00 in Community Park Land In -Lieu Fees, and 2) Dedication of 0.222 acres of Neighborhood Park Land or payment of $317,238.00 in Neighborhood Parkland In -Lieu Fees; and WHEREAS, Developer has possession of 0.518 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 7713; and WHEREAS, Developer has possession of 0.222 acres of Neighborhood Park Land credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 7713; NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.518 acres of Community Park Land Credits and the application of 0.222 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 1st day of December, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 1 ATTEST: City Clerk Mayor