Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
4.06 Final Map for Tract 7715, Wallis Neighborhood 5
or 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL April 19, 2016 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 7715, Wallis Ranch, Neighborhood 5 (Warmington Wallis N5 Associates, LLC) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: Warmington Wallis N5 Associates, LLC, a Delaware Limited Liability Company, is filing a Final Map for Tract 7715 (Wallis Ranch, Neighborhood 5) to create 20 lots for the construction of 60 homes. Tract 7715 is bounded on north by Windsor Way, on the south by Stags Leap Lane, on the west by Wallis Ranch Drive, and on the east by Calistoga Lane. FINANCIAL IMPACT: The developer has signed a Tract Improvement Agreement and posted bonds to guarantee the construction of tract improvements associated with Tract 7715. The developer will be responsible for all construction inspection costs related to the improvements required for Tract 7715. The Homeowners' Association will be responsible for maintaining the private alleys and project - related landscape features. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving Final Map and Tract Improvement Agreement for Tract 7715, Wallis Ranch, Neighborhood 5; and adopt the Resolution Accepting Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 7715, Wallis Ranch, Neighborhood 5. ", - .1 _4 Submitted By Public Works Director (ice Reviewed By �. Administrative Services Director '\ Reviewed By Assistant City Manager Page 1 of 3 ITEM NO. 4.6 DESCRIPTION: 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. 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. Warmington Wallis N5 Associates, LLC, a Delaware Limited Liability Company, is now filing a Final Map for Tract 7715, Wallis Ranch Neighborhood 5, to subdivide Parcel 5 of Tract 8252 into 20 lots for the construction of 60 homes, establish private alleys, and dedicate public service easements and emergency vehicle access easements (Attachment 1). The Final Map for Tract 7715 has been reviewed and found to be in conformance with Vesting Tentative Tract Map 7715 and the Conditions of Approval. The Developer is responsible for the construction of all on -site infrastructure improvements within Tract 7715, as required by the Conditions of Approval for Vesting Tentative Map 7715 (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, Nu ber - Amount of Bond,, Tract 7715 Tract Improvements 704682S $ 1,231,952.00 Faithful Performance Tract 7715 Tract Improvements 704682S $ 1,231,952.00 Labor & Materials The developer will be responsible for all construction inspection costs related to the improvements required for Tract 7715. All alleys internal to Tract 7715 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 7715, Wallis Ranch, Neighborhood 5 (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. Warmington Wallis N5 Associates, 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 Warmington Wallis N5 Associates, LLC will satisfy the park land requirements for Tract 7715: 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 7715, Wallis Ranch, Neighborhood 5 (Attachment 4), which outlines the requirements and how Warmington Wallis N5 Associates, 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 Warmington Wallis N5 Associates, LLC. ATTACHMENTS: 1. Copy of Final Map for Tract 7715 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 7715, Wallis Ranch, Neighborhood 5 3. Exhibit "A" to Resolution, Tract Improvement Agreement, Tract 7715 4. Resolution Accepting Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 7715, Wallis Ranch, Neighborhood 5 Page 3 of 3 Dedication Fees In Lieu Warmington Wallis NS requirement of Dedication Associates, LLC Compfiance Community Park Land 0.420 acres $518,760.00 Use of Credits Acquired Neighborhood Park Land 0.180 acres $257,220.00 Use of Credits Acquired 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 7715, Wallis Ranch, Neighborhood 5 (Attachment 4), which outlines the requirements and how Warmington Wallis N5 Associates, 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 Warmington Wallis N5 Associates, LLC. ATTACHMENTS: 1. Copy of Final Map for Tract 7715 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 7715, Wallis Ranch, Neighborhood 5 3. Exhibit "A" to Resolution, Tract Improvement Agreement, Tract 7715 4. Resolution Accepting Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 7715, Wallis Ranch, Neighborhood 5 Page 3 of 3 Sol o Z 3 - _ �~� - o s= - LLI W LL F z _ - oso a - o w� _ N _ z z IT LU LLI =° W W a'b< J a_ = ' U LL - z W OOP Q - Y - co w R' -�° 2 F _ - O _ _ LL LL >_ - - - O W W �_ p z 2 -- -_ _ Ir W a a s z �' J -- Z W _ W - m �LL� m a ° CO "' �,° oa��mw _a _ _ �, a a ° ° J U m° _° ❑ ❑ - OU sd-° ci _ < - ° V NN �M ww WN y - - - -— . - - 1 -- Nfiy avoa oaavHO 13 z 10 ° 1l1N o ov0l NOIIVJ _ - � c_ � cK - -- i N Z z _ - �oa�oz�ws° as 7 < — o r l�QOO= wa d� v vavmvi ra o z -- = s -_ - U °Zoi z _ _ o. ao< Sri 3 �o,n¢ Sash q 5 NHa _- - it (.7 [� F ovoa z — — o--a OwdOH Y o �`g < 0 - �_ avoa ALa3H0000 4 10 - - O <�> ° o o - - 0 73 - ° 10_ s° _ - - - _ _ _ = 6 11 _ _ o� Ei 01 oz- of _ - _ - - - -- - - -- - -_ _ - - ' - _ - - _ z g _'" = C5 zx- _ - 8 Z F -noowo ¢ - - � �- - - - - - -- _ -_ -oo� > - °gzo F- - _ - F Aso w - W _ _� z �o _oo°z - oi �d - Z - - _ osao¢� 0 �_w?3w�w as m m z F U _oa� °aw _x - o z z z - I o = a m o s s z o oo a w o Uz - mN - o - w z -� aga Wg� � - o uQ n w0 �" Oz � o'_^ dN oN oN ma N om� uo o IN >o >o 0 0 �4' oo c~Wio °v on op o� a: z�= �z .a :A ¢e r1 �Q ¢d o_ om �zxu - oz °910 0¢ oz o o ¢al^ �o wo ow ow owT oW o� _ oO�� WN zZ s "� _ �' moo - r �� z za za �o �N �r w4� oo o� _ 00 0� o0 28 om w l ��m�y m� ad _ 2 2 OO too �� ¢O ¢O ¢ ¢ ¢ ro r ^� ✓1Q Z� ~5 �z H'S oZo cgi 1p po wQ u1p �� uS IS S �� °o on w �` l �o Oa wo¢ w wo - 00 W w� �� �z VwaoZ�a6�� < �sW,- w 5 o - z z z z °°p 8y ¢ „3 (n Z _w wo ww zw° »ry sy ww ~o �S z �z �¢ �s �s FAN joN r w ?w r m �0a r w �w �w �w Aw iw wz a i� -0 O m o ����.[LLL,..���� ,'ny oM m O P. E J U X w 0 3 0 O° ° i o a ¢ iK o f 3o o r O? ° z po w z - F Z z Vj ao 28 0 w o i 0 2 O° O F2 w 3 It w o p° p p o O w o 0 w o rw r o Z _ T 611 O m Z DO O w ° p _ - O p r - - N w 2 �C 4 _ 2 �C O - ¢ Q -- Z. W p .2 w' Z. wwa w z N N R, Z' w � w p w w p w 4 w p w� 2�z (n O O r Z z o G it ro O 2 w W 0 U Z 9a r w o o r to 9l O m O m Aso _ O N WE F o O o< F 2 o d 0 F O O o F no F O O o< o o N' r& 1 0 2 o< d O= i o¢w z w 2 0 Z _z 2 W 0 o .. 2- N K �Z< - 2 2 o �o< N _ U �oN UQ - O - U Ulm o o 2 w 91 W O W in OR OFU - Ow wo an `-^z - <n° OZ Oho w 00 O N� OOa on A. M. y - O¢ f. p �Kry .W m� w° 03m 00 9124 mpo OUIw O �n DULL :n SN 0 &o Oo Ovlw o2p DULL _' � -o Ovl� OVIO ,o O ✓i- A° m� Ow H _ 10 O w W w W. Z 91128 202 2 2 91 2w ill z Q 22 is is 2l'! ¢� i W. 1 ° znw z out 22m 222 K 28 22� Z Z 2 22� W O O a N zW a . M boo X10 °o - Fo °N �& �w� zw wo wo �ww �' wo pz� - ��� wpz pz� - �o �z� - - �P w °¢ w J � H Moo " i r¢ K r � w � K K o ¢ w N n i V O X N V r¢, O¢ tt X w 0 o �¢ tt o r .66 r n] r W¢ 6 X60, 9 x O N x O Z _ _ AM w zWz O p d O o d ° g z es Ong _?¢ o; O p¢ 3 oy 1z H rvg OO 2 j 8o ow Z o i w J �z - O U p _ np =- w O O x 91 -�3 o oz o.Nw w a J � I o 2o < to 913 H �m W - - 00;4,a s= m a = O v > 3J Il Finn - _ o�0� Z¢¢w iq O __ r - - 0 m0(n¢UO Z - 0 - m It z z o > o - o - z - ° - - - w - o= W o � w - gin As � _ jig _ - Zjo SAWN U z z Z - - _ z - __ F xUQ =zz2o Lu y - x �7° y zw OUR o Z U E Som c� Z J o° rm:;cy BASIS OF BE INGS LINE ( p N15'ad71'W 65,133' GRID WAKE)— _ 0..O.S. 3!a-$z op _ ¢ e 0��5� mQ °gym M/O -mm?e U 5 � �/ A ti�� _ AS 1� - - � /8� Op,Wj , /•• / / �8 =/ 6NQ� /•• I \2 � mlm IN ��I I CC CSI �I •'Q�'� wll1 l 01l P� m .eQ •• _/ �i / _ • /N18 � 00 ^W 534/ / / - i � a •/ � ���_ � / �/z zm g 3 �R - g 33- =sa' -' zg� °o o �siE - 0 i?E o Z U E Som c� Z J o° rm:;cy BASIS OF BE INGS LINE ( p N15'ad71'W 65,133' GRID WAKE)— _ 0..O.S. 3!a-$z op _ ¢ e 0��5� mQ °gym M/O -mm?e U 5 � �/ A ti�� _ AS 1� - - � /8� Op,Wj , /•• / / �8 =/ 6NQ� /•• I \2 � mlm IN ��I I CC CSI �I •'Q�'� wll1 l 01l P� m .eQ •• _/ �i / _ • /N18 � 00 ^W 534/ / / - i � a •/ � ���_ � / �/z zm g e� �R v�- a� �J z 95r• ,0 �AONd vd' °�� °,e�„gm�m z�l4Ww m�o3 - - -w w _ s w lz (d)3EEZ8, H1 'd I �m •\ •) - - :mom' pi�w / wz ¢8 p �g?IS x'76, NyO\.n f�a22 5 °gym u oz'3 m�� J m�� W i�g� In t _ u —- .,o� •n 4 uo CALISTOGAII LANE 1 N25 °38'41 1'1 N25 °38'41 "19 W �1r 72.31' Iol -Itll M viii^ I 128.79' AI -P�1 .00'6L8 =d — 95r• ,0 �AONd vd' °�� °,e�„gm�m z�l4Ww �� 5`30, $�g0�n�5 __ -a° w �I d) o N W r.; ol J •o Q .. wN N C J 8 o 6 °�� °,e�„gm�m �� 5`30, $�g0�n�5 __ ���/ /5913• (d)3EEZ8, H1 'd \ � •\ •) - - :mom' pi�w / ¢8 x'76, NyO\.n f�a22 5 s 01N C� _ C� ) / L o° ° yoo SIN &Q �d�n *p--y �m vciZ in °ate �a�¢ �Ci 0 5 � oM ¢ o �=m ¢o 5 133HS 33S A28 oryy ^ 2 to W _ W _ N J WI ^ W N a � � o �g o`S o �z g �$m zoo ° � 3 wo °• W 4 U u - 3 s S F =FU �avYlNO y._.n t� N— oo63 —N� II �� \ i° e I I � I � m I I =j CD Iz� o Ids - � f - _ of LQJ - JI - - - - - - o 7 7 e o -H mo ga °ate m c N J gE ,9l'SL 3,00,00 oN (N)M. ZS,LS.: l9N > .� •U'.4ia : � � - � s i s N ¢ � � m ,j m ,ba" oo,aooN / �`'� J \ �•' I I w �'• LE 9c ° 09'Ob �' illl dli�SroSofiEN� J m �?, s a n r.�Ji m,o +•p� • U3 00 -ON N 3.0O.OMN NIA I �� �• �, � w'I � w r a I z M 3 „0o,00 °aN � 3 „00, OOa ON o9'ot _ ,I slE YT7 ,9l'9E J 3..00, 00, ON, I III 00.00,ON 3bd , ]5d £ 3tld I o I II _3Sd_f ;I m IN�3 „4s,sosdrv. I� o 35d ,f--1 ZS'SE ,09'06 L1 3,00 0MIN •' tV 1.01,11-ON I• , aE .09'06 .9 OrLE� s 13,00, 00,0111 NICE I� uwr.NU � � 1e13,so,Zasory I � W � I�M F N �m bro v LL m -31d.1 - I,- VIP P �y9 J I 99'bt I•� ^� � Op. V VI ,'],• v °/ 1i X20 0 b W v £, -f£y i �n tl13B0,ZlobON 40 94 p0`W , j • _ V g �1 s., 9Z, 04 ' 9' 2 - _ mmmwwwu�mww'4 / '• N4 /p0�34�� / / Qf a o c� 0 RESOLUTION NO. -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7715, WALLIS RANCH, NEIGHBORHOOD 5 WHEREAS, the Final Map for Tract 7715, 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, Warmington Wallis N5 Associates, LLC, a Delaware Limited Liability Company, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 7715 to construct required subdivision improvements in accordance with the Conditions of Approval for Tentative Tract Map 7715, and with the improvement plans attached thereto; and WHEREAS, said Tract Improvement Agreement is secured by the following bond furnished by Developers Surety and Indemnity Company: • $ 1,231,952.00 for the Tract 7715 Tract Improvements (Bond No. 704682S) conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by the following bond furnished by Developers Surety and Indemnity Company: • $ 1,231,952.00 for the Tract 7715 Tract Improvements (Bond No. 704682S) conditioned upon payment for labor performed or material furnished under the terms of said Agreement; NOW, THEREFORE, BE IT RESOLVED that said Tract Improvement 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, Tract 7715, attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the Final Map of Tract 7715 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. 1 PASSED, APPROVED AND ADOPTED this 19th day of April, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor • T • TRACT IMPROVEMENT TRACT 7716 This agreement is made and entered into this 19th day of April, 2016, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and Warmington Wallis N5 Associates, LLC, a Delaware limited liability company, 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. 7715, desires to improve those improvements (hereafter "The Improvements ") required by City of Dublin City Council Resolution No. 68 -14 adopted on May 20, 2014 for Tract 7715 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 7715 — Neighborhood 5 at Wallis Ranch, prepared by MacKay & Somps and signed by the City Engineer • Improvement Plans — Tract 7715 — Neighborhood 5 at Wallis Ranch, prepared by MacKay & Somps, and signed by the City Engineer • Joint Trench & Private Street Lighting Plans — Tract 7715 — Neighborhood 5 at Wallis Ranch, prepared by Giacalone Design, Inc., and signed by the City Engineer • Landscape Plans — Tract 7715 — Neighborhood 5 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 shall complete said work not later than two years following said date of execution. Time is of the essence in this Agreement, Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final Record Drawings of The Improvements, including any modifications made during construction. 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement are presented in the Bond Estimate, Wallis Ranch — Neighborhood 5, Improvement Plans, dated 1/25/16, prepared by MacKay & Somps: ® Neighborhood 5 -Tract 7715 - Improvements $1,231,952.00 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said amount reflects that the Tract 7715 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's 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's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 2 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ( "occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the CITY. 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 Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. 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. Inspection of the Work: DEVELOPER shall guarantee free access to CITY through its City Engineer and designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 6. Agreement Assi nom. 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: WARMINGTON WALLIS N5 ASSOCIATES, LLC, A Delaware Limited Liability Company 2400 Camino Ramon Suite 234 San Ramon, CA 94583 Attn. David Agee Phone: (925) 249 -7946 Email: David .Aciee(a)warmingtoncirouc.com Notices required to be given surety of DEVELOPER shall be addressed as follows: 0 Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 8. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. 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, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. 10. Acceptance of Work. Upon notice of the completion of The Improvements and the delivery of a set of final as -built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine The Improvements without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements that are within the Public right -of -way or Public easements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance 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 Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 13. Liability. A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 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 WARMINGTON WALLIS N5 ASSOCIATES, LLC, a Delaware limited liability company BY: WRG BUILDER ll, L.P., a California limited partnership, its managing member BY: WARMINGTON RESIDENTIAL CALIFORNIA, INC., a California corporation, its general partner BY 41 M3 GADEVELOPMENT, PRIVATENallis - N5 - Tr 7715 -Warming tonlAg reementskTIA - Warmington - Tr 7715.doc 9 19604 -050 Revised 1/25/2015 BOND ESTIMATE WALLIS RANCH - NEIGHBORHOOD 5 IMPROVEMENT PLANS City of Dublin ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT A. STREETWORK 1, 22,030 SF Finish grading street 0.40 $8,810 2. 18,850 SF Pavement Section (3"AC / 12 "AB) 3.50 65,980 3. 2,490 SF 4" AB under rolled curb & gutter 0.72 1,790 4. 38 SF 4" AB under standard 6" curb & gutter 0.72 30 5. 547 SF 4" AB under concrete band 0.72 390 6. LUMP SUM Signing & Striping Connect to Thru Curb Drains 10,000 7. 2,165 LF 4" PVC Gutter sub drain 9.50 20,568 8. 3 Fes. Pavement Reflectors at Fire hydrants 25.00 80 9. 6 EA Standard City street monuments 500.00 3,000 ESTIMATED TOTAL STREET WORK: $110,648 B. CONCRETE WORK 1. 996 LF Rolled curb & Gutter 15,00 $14,940 2. 76 LF Standard 6" curb & gutter 15.00 $1,140 3. 1093 LF 6" wide concrete band 10,00 $10,930 4. 8 EA Curb Inlet 4,200,00 2,000.00 ESTIMATED TOTAL CONCRETE WORK: $60,610 C. STORM DRAIN WORK 1. 680 LF 15" RCP Storm drain pipe 45,00 30,600 2. 1,600 LF 6" PVC Storm drain pipe 15.00 24,000 3. 2 EA Manholes 4,000.00 8,000 4. 2 EA Connect to backbone system 1,000.00 2,000.00 5. 52 EA Area Drain 10.00 520.00 6. 8 EA Connect to Thru Curb Drains 750.00 6,000.00 ESTIMATED TOTAL STORM DRAIN WORK: $71,120 D. ELECTRICAUJOINT TRENCH 8 EA Single arm "Decorative" electrolier including 3,500.00 $28,000 1. conduit & boxes 2, 1,080 LF Joint Trench (length of improvements) 60,00 64,800 ESTIMATED TOTAL ELECTRICAL WORK: $92,800 b' I v'.'. ?' iBSOq- Netgh6orhoad SBond esFPuhlin- 2oi5"817.xis Page 1 of 2 19604 -050 Revised 1/25/2015 E. ROUGH GRADING 1. 3,220 CY Earthwork Cut (Rough Grading) 3,00 $9,660 2. 2,000 SF Temp. gravel construction entrance /yard 0,60 $1,200 3. 2,330 LF Straw wattle 3,00 $6,990 4. 8 EA Inlet protection 250.00 $2,000 5, LUMP SUM Retaining Walls $650,000 ESTIMATED TOTAL ROUGH GRADING WORK: $669,850 F. LANDSCAPING 1. LUMP SUM Landscaping & Irrigation $39,000 ESTIMATED TOTAL LANDSCAPING WORK: $39,000 SUMMARY A STREETWORK $110,648 B CONCRETE WORK $60,610 C STORM DRAIN WORK $71,120 D ELECTRICAUJOINT TRENCH $92,800 E ROUGH GRADING $669,850 F LANDSCAPING $39,000 ESTIMATED IMPROVEMENT COST: $1,044,028 CONTINGENCY (10 %) $104,403 ENGINEERING FEE (8 %) $83,522 TOTAL BOND ESTIMATE: $1,231,952 NOTES 1. This estimate is prepared as a guide only and is subject to possible change. it has been 2. This estimate does not consider the following: a. Land costs, acquisition of Right of Way, easements, and/or rights of entry. b. Fees for assessment, lighting & landscaping, CHAD, Mello Roos districts or the like. c. Fencing d. Costs associated with trench shoring. e. City fees. f. Phased construction or out of regular sequence construction. g. Tree preservation systems. h. Landscaping & associated design costs 1. Financing and overhead charges. j. Costs associated with Endangered Species and Wildlife Conservation. k. Cost associated with Corps of Engineers, Fish and Game, Fish and Wildlife and Wetlands I. Costs associated with overexcavation of unsuitable material. 3. Costs presented herein represent an opinion based on historical information. No provision 4. As noted above this estimate does not include costs associated with right -of -way acquisition Prepared by the firm of MACKAY & SOMPS 18004 - Neighborhood 5 Bond eat- Dubl1n- 20150917.,d, Page 2 of 2 WARMRES -CA SAUR CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1 3/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER D.L.D. Insurance Brokers, Inc. Lic #OD25325 17712 Mitchell North Irvine, CA 92614 NAME CT Twyla Sauro, CRIS, Account Manager FAX No: 949 221 -1799 AIMNN Et): 949 553 -5663 E -MAIL ADDRESS: tsauro@dldlns.com INSURERS AFFORDING COVERAGE NAIC q INSURER A: Underwriters at Lloyds 15792 INSURED Warmington Residential California, Inc. 3090 Pullman Street Suite A Costa Mesa, CA 92626- INSURERB:Hartford Accident and Indemnity, Co. 22357 INSURERC:Markel Europe pic EACH OCCURRENCE INSURER D :Everest National Ins. Co. 10120 INSURER E: Landmark American Insurance Co. 33138 INSURER F: Federal Insurance Co. 120281 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N OTVVITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RI LTR TypE OF INSURANCE ADDL I R SUBR WVD POLICY NUMBER POLICY EFF MM /DDIYYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X $50,000SIR/Occurrence X B0595XR4560014 12/1/2014 12/1/2019 EACH OCCURRENCE $ $5,000,000 PREMISES Ea occurrence)_, $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ Included GENERAL AGGREGATE $ $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMPIOP AGG $ $5,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS Ix AUTOS X HIRED AUTOS NON -OWNED AUTOS X 72UECGZ2453 6/112015 61112016 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Par accident) $ PROPERTY DAMAGE PER ACCIDENT $ C X UMBRELLA LIAB EXCESS LIAB X d OCCUR CLAIMS -MADE 13239701698XSOCC2014 1211/2014 12/1/2019 EACH OCCURRENCE AGGREGATE $ $5,000,000 $ $5,000,000 DED I X I RETENTION $ $75,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNERIEXECUTIVE Y OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X CA10001227151 7/1/2015 7/1/2016 X I WC STATU- I OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT I $ 1,000,000 E F Errors & Omissions Crime & Fiduciary LCY828491 81798472 1/17/2016 11/9/2015 1/17/2017 111912016 Per Claim /Aggregate $1,000,000 CrimeRet.$25kFIDRet.$1K $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) See attached page. CERTIFICATE Ht71 nFR CANCELLATION ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dublin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 Civic Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Dublin, CA 94568 - AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD WARMRES -CA SAUR PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - Warmington Residential California, Inc. City of Dublin 3090 Pullman Street Suite A 100 Civic Plaza Costa Mesa, CA 92626- Dublin, CA 94568- Wrap Up Liability Coverage. All Contractors enrolled in the Owner Controlled Insurance Program (OCIP) are included as Named Insureds. This policy applies solely to the liability of the Named Insured arising out of this project only. Please refer to the original policies for complete terms, conditions, & exclusions. Location: Tract 7715 - Neighborhood 5, Wallis Ranch, Dublin, CA - Improvement Plans /Grading /Landscape /Joint Trench & Private Street Lighting Plans Named Insured: Warmington Wallis N5 Associates, LLC; WRG Builder II, L.P.; Warmington Residential California, Inc. Policies will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after (30) days prior written notice by certifed mail to the City. The City, its officers, agents, officials, employees and volunteers are additional insured as per written contract. This insurance is primary and non - contributory. Waiver of Subrogation applies in favor of the City, its officers, officials, employees and volunteers as per written contract. f73TT1 i:� 30 Day Notice of Cancellation except 10 Day Notice for Non - Payment of Premium. WARMRES -CA SAUR PAGE 1 OF 1 POLICY NUMBER B0595XR4560014 COMMERCIAL GENERAL LIABILITY ENDORSEMENT THIS POLICY. READ IT ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION O This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Dublin 100 Civic Plaza Dublin, CA 94568- Muncipality Location: Tract 7715 - Neighborhood 5, Wallis Ranch, Dublin, CA - Improvement Plans /Grading /Landscape /Joint Trench & Private Street Lighting Plans Named Insured: Warmington Wallis N5 Associates, LLC; WRG Builder II, L.P.; Warmington Residential California, Inc. Policies will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after (30) days prior written notice by certifed mail to the City. The City, its officers, agents, officials, employees and volunteers are additional insured as per written contract. This insurance is primary and non - contributory. Waiver of Subrogation applies in favor of the City, its officers, officials, employees and volunteers as per written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 2611 85 Copyright, Insurance Service Office, Inc. 1984 ME IM Attaching to Risk No XR4560014 - - ------- Endorsement No 001 Currency Gross Premium Total Registration L.P.S.O. number and date VAT �TOCTrlbtmal Lloyd's Serial Registration Category Sett due date Def Adj ILTJ LIMA Assured/Account Wannington Residential California Corporation California, Inc a Companies General Underwriters Agreement (GUA) Each Underwriters proportion Is several not] Int Slip Leader Oni SHE Leader & Agreement Parties. All Underwriters With effect frdm/U�e Policy endorsement attached is added to the Policy. 641 All other terms and conditions shall remain unchanged Information Email from DLD dated 04/02/15 ............ ... - - ------- ......... .. . .......... . ...... . L.P.S.O. number and date 1, L.U. number and date L.I.R.M.A. number and date Planned Settlement Date IDiv check t t � � � ! � ro ti i t is J a gn t1 C q , 56 POLICY NUMBER: oa5�5x P.9 - 0bI Go[JINPERCIAL GfiIL;�IILT.: CG 2o;�i��Q� tea THIS ENDORSEMENT CHANGES THE POLICY: PLEASE -READ IT CARIEF ADD]TIONAL INSURED-� STATE ITI CAL SUBDIVISIONS PERMIT This endorsement modifies Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Or Political Subdivision: As required by written agreement (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section If — Who Is An Insured is amended to in- clude as an insured any state or political subdivision shown in the Schedule, subject to the following pro- visions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has Issued a permit. 2. This insurance does not apply to: 2. This insurance does not apply to: a. "Bodily Injury," "property damage" or "persor al and advertising injury" arising out of opera- tions performed for.the state or municipality; or b. "Bodily Injury" or "property damage" included within the "products- completed operations ha- zard", CG 20 12 07 98 Copyright, Insurance Services Office, Inc., 1997 2 Page 1 of 1 ❑ WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS The Company agrees to waive any right of recovery against any person or organization, as required by written contract, because of payments we make for injury or damage which is limited to liability directly caused by "your work" which is imputed to such person or organization. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5004US 11 -06 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1�t This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization(s): AS PER WRITTEN CONTRACT If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. POLICY # B0595XR4560014 Page 1 of 1 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indlrectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER, Insured WAItWNGTON RESIDENTIAL CALIFORNIA, INC.; CHATEAU INTERIORS; WARMINGTON RESIDENTIAL NEVADA, INC. Insurance Company .EVEREST NATIONAL INSURANCE COMPANY 1983 National Council on Compensation Insurance. NSURE0 COPY RESOLUTION NO. — 16 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 7715, WALLIS RANCH, NEIGHBORHOOD 5 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, Warmington Wallis N5 Associates, LLC, a Delaware Limited Liability Company, is filing a Final Map for Tract 7715 to develop 60 residential dwelling units constructed on 20 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 7715 are 1) Dedication of 0.420 acres of Community Park Land or payment of $518,760.00 in Community Park Land In -Lieu Fees, and 2) Dedication of 0.180 acres of Neighborhood Park Land or payment of $257,220.00 in Neighborhood Parkland In -Lieu Fees; and WHEREAS, Developer has possession of 0.420 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 7715; and WHEREAS, Developer has possession of 0.180 acres of Neighborhood Park Land credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 7715; NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.420 acres of Community Park Land Credits and the application of 0.180 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 19th day of April, 2016, by the following vote: AYES: NOES: ABSENT: 1 ABSTAIN: ATTEST: City Clerk Mayor