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HomeMy WebLinkAboutItem 7.3 Approve Final Tract Map 5180 O AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 25 . 1984 SUBJECT: APPROVAL OF FINAL MAP TRACT 5180 (Amador Lakes) EXHIBITS ATTACHED: Resolution - Acceptance of Final Map Resolution - Park Land Deposit Tract Developer Contract Securities Reduced Map Deed to Park site RECOMMENDATION: 1 . Determine amount of park dedication credit to grant to Tract 5180 and amount of park dedication lieu fees to accept . 2a. If City Council grants less than two acres credit, postpone action on Final Map until future meeting. 2b . If City Council grants full twcY' acres credit, then take following action on Final Map: 1) Approve Resolution Accepting Final Map Tract 5180 . 2 ) Accept a Deposit in Lieu of Land for Park Land Dedication. 3 ) Accept DQed to Park Land FINANCIAL STATEMENT: None at this time . Staff ' s time is being paid by developer for processing and inspection. After acceptance of improvements, City will take on maintenance of public storm drains through the project from Stagecoach Road. Interior streets are private . DESCRIPTION: Background: In accordance with the Subdivision Ordinance as amended by the City Council on December 12 , 1983 , the developer of Tract 5180 is responsible for providing either A) land dedicated to the City for park purposes or B) in lieu fees (money) which will allow the City to develop parks somewhere off the site As calculated per the Site Subdivision Map Act, the overall park standard for the City is approximately 2 . 3 acres of park per 1, 000 population. While Dublin ' s park standard is less than many other cities ' standards, the Map Act restricts the amount of parkland the City can require from developers . The Subdivision Ordinance is consistent with the Map Act . The Subdivision Ordinance is also consistent with the preliminary City policy to develop additional parks as identified in the hearings on the Dublin General Plan. The Subdivision Ordinance provides that the City, at its discretion, may give credit for up to 250 of the land used for private park and recreational facilities . To be eligible for such credit, the private facilities must meet several provisions, including the following : the private facilities must have an area of at least 1/2 acre ( 21, 780 square feet) , they must be owned by a homeowners association and restricted for park and recreation purposes, they must ----------------------------------------------------------------- ITEM NO. COPIES TO: meet various principles and standards for local and neighborhood parks . Credit cannot exceed 2 acres . In addition, the City ' s Guidelines for Planned Developments contains a 100 foot minimum dimension standard for usesable common open areas . Issues : The developer of Tract 5180 has requested the maximum two acre credit . In analyzing the request, staff has calculated a credit of 36, 494 square feet ( 0 . 84 ac ) . The credit calculations include : 1 ) Tennis courts , swimming pools, and recreation buildings . 2 ) Private open areas with a minimum dimension of 100 feet and outside of the typical 20 foot yard setback requirements . Based on the staff calculated credit, the developer would need to provide park dedication in lieu fees totalling $269 , 485 . 00 . Based on the developers request, the in lieu fees would total $149 , 502 . The difference is $119 . 984 . Except for the park dedication issue, the Improvement Plans and the Final Map for Tract 5180 have been reviewed and found to be in conformance with the Tentative Map and conditions approved by City of Dublin Planning Commission, September 19 , 1983 , ( 555 units on Stagecoach Road) . A subdivision agreement, securities and fees have been submitted guaranteeing the construction of improvements within the subject tract . Recommendation: Staff recommends that the City Council grant to Tract 5180 a park dedication credit of 36, 494 square feet and accept from the developer park dedication in lieu fees totalling $269 , 486 . After the City Council determines the park dedication credit and in lieu fees , the developer must deposit the in lieu fees with the City prior to acceptance of the Final Map. The developer has deposited in lieu fees based on two (2 ) acres of credit . If the City Council grants the credit recommended by staff or any amount less than two acres, the Final Map approval will need to be postponed. If the City Council grants the two acre credit, the Final Map can be approved. ----------------------------------------------------------------- ITEM NO. COPIES TO: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ ACCEPTANCE OF FINAL MAP TRACT NO. 5180 WHEREAS, the Final Map of Tract No. 5180 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 the provisions of the Subdivision Map Act of the State of California and the Ordinance Code of the County of Alameda, as adopted by the City of Dublin; and WHEREAS, the Developer, Amador Lakes Associates, has executed and filed with this City Council a contract to improve Tract No. 5180 in accordance with the Final Map of said Tract No. 5180 , the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said contract is secured by a "set aside letter" in the amount of ( $1, 152 , 750 ) which, by its terms, is made to insure to the City of Dublin, conditioned upon the performance and labor and materialmen being paid of said contract; and NOW, THEREFORE, BE IT RESOLVED that said contract and securities be and they are hereby approved, and the Mayor of this Council be and he is hereby authorized and directed to execute said Contract on behalf of the City of Dublin; and BE IT FURTHER RESOLVED that the Final Map of Tract No 5180 be and the same is hereby approved; and that those strips of land designated as "P .U.E . " or "Public Utility Easement" , "S .D.E. " or "Storm Drain Easement" , as offered for dedication to public use in conformity with the terms of dedication, be and they are hereby rejected; and that the Clerk of this City Council be and is hereby directed to transmit said map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 25th day of June 1984 . AYES : NOES : ABSENT: Mayor ATTEST: City Clerk j DP 83-20 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ ACCEPT DEED AND DEPOSIT IN LIEU TRACT No. 5180 WHEREAS, pursuant to Section 8-7 .1 of the Subdivision Ordinance of Alameda County, as adopted by the City of Dublin and as amended by resolution 74-84 of the City Council of the City of Dublin; each subdivider of land classified by the Alameda County Zoning Ordinance for residential use shall, as a condition to the 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, in its action on the Tentative Map and Zoning of the subject tract, the Planning Commission and City Council of the City of Dublin did determine in accordance with Section 8-7 .1 of the aforesaid Subdivision Ordinance and as amended that both land is to be ,dedicated (Lot 153 , Tract 4719 ) and a fee in lieu of land dedication for park and recreational facilities is to be paid, said fee to be used for the development of park and recreational facilities within a period of five years from the date of adoption of this resolutin to serve the residents of the subject tract; and WHEREAS, the City Engineer is in receipt of a remittance amount as prescribed in accordance with Resolution 74- 84 furnished by the tract developer and identified as follows : Tract : 5180 Subdivider : Amador Lakes Associates Amount: $146, 710 Tentative Planned Use : Kolb Park Improvements NOW, THEREFORE, BE IT RESOLVED that the aforesaid deed and remittance is hereby accepted as performance of said subdivider ' s obligation under Section 8-7 .1 et seq. of the aforesaid Subdivision Ordinance as amended; and BE IT FURTHER RESOLVED that the City Engineer of the said City of Dublin is hereby authorized to cause to be filed with the County Recorder the deed to the park parcel of the Final Map for the aforesaid tract by this City Council . PASSED, APPROVED AND ADOPTED this 25th day of June, 1984 . AYES : NOES : ABSENT: Mayor ATTEST: City Clerk ' DP 83-20 q .. CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this day of June, 1984, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Amador Lakes Associates, hereinafter referred to as "DEVELOPER". W I T N E S S E T H WHEREAS, it has been determined by the City Council of the City of Dublin, State of California, that DEVELOPER, as a subdivider, desires to improve Tract 5180 +.in accordance with the requirements and conditions set forth within the City of Dublin Tentative Tract 5180, P.A. 83-035, adopted on October 24, 1983, the requirements of the Subdivision Map Act of the State of California, and the Subdivision Ordinance of the City, of Dublin; and those certain plans and specifications for said development approved by said City Council, 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; and WHEREAS, Developer desires to dedicate to the City of Dublin certain storm drainage improvements; and 'WHEREAS Developer intends to satisfactorily complete the required improvement within the time hereinafter specified, and City intends to accept Developer's offer(s) of dedication of said improvement(s) 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 panties agree as follows: 1. Completion Time. Developer will commence the work required by this Agreement within a timely manner following the date on which City executes this Agree- ment. Developer shall complete said work not later than 18 months 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 as-built plans, in- cluding any authorized modifications. 2. Security Furnished. Concurrently with the execution of this Agreement, ;Da7eloper shall furnish City with a "Set Aside Letter" securing faithful performance and labor and materials. Such "Set Aside Letter" shall be in a form prescribed by City, and shall be issued by First Interstate Mortgage Corporation or such other major financial institution as may be approved by City. The "Set Aside Letter" shall become a part of this Agreement. The "Set Aside Letter" shall be conditioned upon the faithful performance of this Agreement and upon payment of all claims for labor and materials used or consumed in the performance of this Agreement. The "Set Aside Letter" shall be in the form attached as Exhibit "A" and shall be in the sum of $1,152,750.00. 3. Insurance Required. Concurrently with the execution of this Agreement or prior to the commencement of any construction, Developer/Contractor shall furnish City with evidence of insurance coverage as specified below. a. Worker's Compensation Insurance. Prior to the commencement of construc- tion, statutory coverage as required to cover the full liability of Developer in accordance with the provisions of Division IV of the Labor Code of the State of California, and an employer's liability insurance coverage with a limit of not less than $100,000 per occurrence to cover any claims arising from employment not covered by worker's compensation laws. b. Comprehensive General Liability Insurance. Minimum limits of liability shall not be less than $1,000,000 per occurrence ccmbined single limit bodily injury and property damage coverage; any deductible provision shall not exceed $1,000 per claim, and each and every policy must contain a cross liability or severability of interests clause. , - Page 1 r c. Comprehensive Automobile Liab.ilityTtisurance. Minimum limits of liability shall be not less than $1,000,000 per occurrence combined single limit bodily injury and property damage coverage; coverage shall include owned, non-owned, and hired vehicles, and each and every policy must contain a cross liability or severability of interests clause. d. Other Requirements. All insurance policies shall be issued by a company legally licensed to transact business in the State of California, shall be issued at Developer's own cost and expense, shall be maintained by Developer in full force and effect during the life of this contract, and must have an "A.M. BEST" rating of B+, X or better. All certificates of insurance shall name the City and its officers, agents and employees as additional insureds, shall contain a provision that a written notice of cancellation or reduction in coverage shall be furnished the City (10) ten days in advance of the effective date thereof, and shall state that such coverage is primary to any other coverage of City. 4. Work Performance and Guarantee. Developer shall secure the services of those skilled in the trade, profession, or calling necessary to perform the work to be accomplished under the terms of this contract, and shall guarantee and maintain the 'work for a period of one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this Agreement, and shall guarantee and maintain the work for a period of one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this contract, and any acceptance of the work by City will not operate as a release to Developer or Developer's bondsmen from the aforesaid guarantee. 5. Inspection of the Work. Developer shall guarantee free access to City through its City Engineer and his 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. If the work to be done under this Agreement is abandoned, or if this Agreement is assigned by Developer without written consent of City, or if City through its City Engineer determines that the said work or any part thereof is being unnecessarily or unreasonably delayed or that Developer is willfully violating any of the conditions or covenants of this Agreement or is executing this Agreement in bad faith, the City shall have the authority to order Developer to discontinue all work or any part thereof under this Agreement, and Developer shall cease to continue the work or such part thereof as City may designate, and City shall thereupon have the power to obtain by Agreement, purchase, rental or otherwise, all labor, equipment, and materials deemed necessary to complete the work and to use such materials as may be found upon the line of such work. Developer and his sureties shall be liable for all expenses incurred by City for the acquisition and use of such labor, equipment, and materials. 8. Use of Improvements. At all times prior to the final acceptance of the work by City, the use of any or all improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of Developer. The issuance of any building or occupancy permit by City for dwellings located within the tract shall not be construed in any matter to constitute a partial or final acceptance or approval of any or all such improvements by City. Developer agrees that City's ' Building Official may withhold the issuance of building or occupancy permits; when the work or its progress may substantially and/or detrimentally affect public health and safety. 9. Safety Devices. Developer shall provide and maintain such guards, watclunen, 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. Page 2 f• 10. Patent and Copyright Costs. In the event that said plans and speci- fications require the use of any material, process or publication which is subjec,t to a duly registered patent or copyright, Develoeer shall be liable for, acid 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. 11. 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. 12. Liability. a. Developer Primarily Liable. Developer shall be responsible for any and all loss, accident, neglect, injury or damage to person, life or property which may be the result of or may be caused by construction, operations, or execution of this Agreement, and for which City might be held liable. Developer shall protect and indemnify the City of Dublin, the City Council, the City Engineer and/or any officer, agent or employee of the City, and save them harmless in everyway from all suits or actions at law 'for damage or injury to persons, life or property that may arise or be occasioned in any way because of construction operations or execution of this Agreement. b. 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. C. 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 judgement is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. 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 Mayor ATTEST: City Clerk DEVELOPER By Page 3 } First FI Interstate Mortgage p. . . ,. .. a Com -� _ I'/ Suite 2401 One Embarcadero Center Filff San Francisco,CA 94111 Mortgage 415544-5900 A subsidiary of First Interstate Bancorp June 18, 1984 Mr. Lee ThcaYpson, City Engineer City of Dublin Dublin, California Gentlemen: First Interstate Mortgage Company has agreed to provide a construction loan to Amador Lakes, a California limited partnership, for the purpose of constructing improvements in that certain subdivision entitled Tract 5180, Dublin, California. We hereby advise you that out of the Loan proceeds the stun of $1,152,750 will be designated for construction of subdivision improvements as rewired by Tract Developer Agreement entered into between the City of Dublin, hereinafter referred to as City, and Amador Lakes, hereinafter referred to as Developer, in accordance with said agreement and that said sum will be advanced for the purpose of paying bills for labor, materials and construction costs incurred in the construction of such subdivision improvements. Other costs related to the subdivision financing and development which are included within the First Interstate Mortgage Company loan are separately accounted for, and no part of the aforesaid designated sum will be used to pay such other financing and development costs. In the event that the Developer fails to complete and/or pay for the subdivision improvemlents or meet its obligations to parties with which Developer has contracted to do the work as required by City,. all designated funds remaining shall upon written demand by City to First Interstate Mortgage Company be immediately available to City for the purpose of completing and paying cost of said improvements. In such event, Developer waives any claim or interest in the remaining funds. City shall not be obligated to repay said ' funds so used to First Interstate Mortgage Company provided that upon completion and acceptance of said improvements satisfactory to City, First Interstate Mortgage Company shall be entitled to receive any remaining funds which are not required for completing and paying the costs of said improvements or repairs thereto that may be required during the warranty period. This is an irrevocable conrni.tment of funds not subject to recall or offset by First Interstate Mortgage Con-any provided however First Interstate Mortgage Company reserves the right to require Developer to provide City with a labor and materials and performance bond or bonds which conforn�s to the requirements of Sections 66499.1 and 66499.2 of ti. j j Mr. Lee ZfiaYpson June 18, 1984 Page 2 the Governmental Code of the State of California and in the principal amounts required by the City. Upon delivery of said bond or bonds by Developer to City the obligation of First Interstate Mortgage Company shall immediately cease and terminate. If a stop notice is served upon City pursuant to Section 3103 of Government Code, First Interstate Mortgage Company shall withhold loan funds to the extend required by such stop notice relating to the subdivision improvements mentioned above, 'or by the order of any court, tribunal or other governmental authority. City shall promptly notify First Interstate Mortgage Company of the filing of a stop notice. DATE: FIRST INTERSTATE MORTGAGE COMPANY By t A 1 s, SIGtdAT11)C�T)).it5SIa1: TRACT 5180 7l:%5U4t1T'THE PFv"1151ON5 OFSECVON CCA56(C)OF= ' N\ R A M O N THE SUBVIVIS10N NI.AACT,THE FOLLOWING =_= CITY OF DUBLIN ILLY✓✓ SIGNATHrES IIAVE 9EEl1 OtAITTEV: ALAMEDA COUNTY, CALIFORNIA VOLK-McLAIN COMMUNITICS INC., OWNEK OF �` ^`'0 V`Id� __3U6SUKFACE t.IINECAL EIGHTS 5YOOCUAIENT-- FOR CONDOMINIUM PURPOSES 2ECORgEt7 SECIES NO.AZ .083-', CEEL 1988= — a"`S _. OX, IMAGE ZOZ ALAIAEVA COUNTY 1LELOKVS,= BEING A SUBDIVISION OF LOT 151 OF TRACT 4719 ,v •I`� _ 6UT WITHOUT TGC KIGNT OF SUKFACG tNTKY. AS SHOWN IN MAP BOOK 142 AT PAGE 41, o — _ __ ALAMEDA COUNTY RECORDS,CALIFORNIA SCALE:1'=200 DATE 'MAY 1984 r TETRAD ENGINEERING, INC. WALNUT GREEK, CALIFORNIA .D U �yB L 1° N a' Cdr L?'IM1A[.5[N.r ' o � ✓o �Hri �� �\. .Y J d. O� U • °d \ VIUfJI T`( MAC ..0 {—�— A. 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[!1r(sEK1ES •� 'i-(,i __ TT/ca9F1,4 K (TD BC CLOCATEd ATF.t!ILO) ) olwj FALF617+nom 8 ag 'Q =0 ollcxe 4j 0 4e1 I'11MT1 Prt wtwi Fc6292'vl I w I I I I E Ily;m'ee'E,a000 0 4E1 VAn i itil ,Fm iw"Pi A _.._ Cm Uulj LUk N34'50a ' •w 261.eo . .. - / S C U T H n R N PACIFI C C 0 m PP V-IY LUtrBT 2 a 6 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO F NAME ADDRESS CITY& STATE L 1 Title Order No. Escrow No. J SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS 1`0 Documentary umentary transfer tax $.......................... NAME I ❑ Computed on full value of property conveyed, or ❑ Computed on full value less liens and encumbrances ADDRESS remaining thereon at time of sale. CITY& STATE I ................................................... L Signature of declarant or agent determining tax—firm name 1%'E'.orporatf on Dram �eeb WESTERN TITLE FORM NO. 102 FOR VALUE RECEIVED, LARRY C. Y. LEE, STANDARD NOMINEES, LTD. , a Hong Kona corporation, and CAMPION INVESTMENT, LTD. , a Liberian corporation GRANTS _to THE CITY OF DUBLIN, a municipal corporation all that real property situate in the City of Dublin, !' County of Alameda ,State of California,described as follows: Lot 152, Tract 4719, filed January 17 , 1984, Map Book. 142, pages 41 through 46, Alameda County Records. EXCEPTING therefrom all oil, gas, minerals and other hydrocarbon substances in and under or that may be produced from a depth below 500 feet from the surface of said land, without right of entry upon the surface of said land for the purpose of mining, drilling, ex- ploring or extracting such oil, gas, mineral and other hydrocarbon substances or other use of or rights in or to any portion of the surface of said land to a depth of 500 feet below the surface thereof, as reserved in the Deed from Volk-McLain Cimmunities, Inc. , recorded June 27, 1967 , Series No. AZ-60836, Reel 1988 OR, Image 207, Alameda County Records. IN WITNESS WHEREOF, said corporation has executed these presents by its officers thereunto duly authorized, this day of , 19 8 4 . STANDARD NOMINEES, LTD. , a Hong CAMPION INVESTMENT LTD. , a Liberian corporation Kong corporation By By President By By Secretary STATE OF CALIFORNIA . Y. LEE County of �ss. On ,19_,before me,the undersigned,a Notary Public FOR NOTARY SEAL OR STAMP in and for said State,personally appeared and ,personally known to me or proved to me on the basis of satisfactory evidence to be the person— who executed the within instru- ment as President and Secretary,respectively,on behalf of the j corporation therein named,and acknowledged to me that the corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. NOTARY PUBLIC l MAIL TAX STATEMENTS AS DIRECTED ABOVE