HomeMy WebLinkAboutItem 4.04 Positano Village Tr 7854
CITY CLERK
File # D~~~'[6:][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 15, 2008
SUBJECT:
Approval of Final Map and Tract Improvement Agreement for
Tract 7854, Neighborhood "B," Positano/Fallon Village (Braddock
and Logan Group II, L.P.) and Acceptance of com7jlmun. it).; Parkland
Dedication In-Lieu Fees .
Report Prepared by: Mark Lander, City Engineer /
ATTACHMENTS:
1)
Resolution Approving Final Map and Tract Improvement
Agreement for Tract 7854, together with Exhibit "A,"
Agreement
Resolution Accepting Parkland Dedication In-Lieu Fees and
Credits for Park Dedication Requirements for Tract 7854
Reduced copy of Final Tract Map 7854
2)
3)
Adopt the resolutions approving the Final Map and Tract
Improvement Agreement for Tract 7854 and accepting the
Community Parkland Dedication In-Lieu Fees.
FINANCIAL STATEMENT:
The developer of Tract 7854, Braddock and Logan Group II, L.P.,
has provided Performance and Labor & Materials Bonds, each in the
amount of $962,120 for Phase I and $244,310 for Phase II (Bond
No. 227 43 64 by Insurance Company of the West) to guarantee
construction of the street, grading, utility improvements and
landscaping, and will pay the cost of construction inspection. Once
these improvements are accepted, the City will incur maintenance
costs for City-maintained improvements within Tract 7854. The
Homeowners' Association will be responsible for maintaining the
project related landscape features within the public right-of-way.
DESCRIPTION: Tract 7854 is the subdivision map for Neighborhood "B," part of the
Positano Development within Fallon Village by Braddock and Logan Group II, L.P. The Final Map for
COPY TO: Jeff Lawrence, Braddock and Logan
Page 10f2
ITEM NO.
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G:\DEVELOPMENT. PRIV A TE\Fallon Village (EDPO)\Tract 7854 - Neighborhood B\Agst Tract 7854 Final Map.doc
Tract 7854 dedicates the rights-of-way for Calabria Court, Cantalise Court, Cantalise Drive, Cerreto
Street, Forino Court, Forino Drive, La Strada Drive, Lorenzo Court, Montelena Court, Montiano Lane,
Palatino Court, Salerno Drive, Vannucci Way, and Parcel L (a 5.036 acre Neighborhood Park parcel), as
well as a public access easement, public service easement, storm drain easement, temporary grading and
construction easement, and a temporary public service easement.
The Final Map and the Improvement Plans for Tract 7854 have been reviewed and found to be in
conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission
Resolution No. 05-61 on November 22, 2005. The developer, Braddock and Logan Group II, L.P., has
submitted the signed Tract Improvement Agreement, together with the required Performance and Labor &
Materials Bonds, each in the amount of $962,120 (Bond No. 227 43 64 by Insurance Company of the
West).
The developer is providing a payment of $695,175 for Community Parkland in lieu of dedicating land.
The developer will utilize 0.446 acres of credits granted for Neighborhood Parkland obtained through the
dedication of the 5.036 acre Neighborhood Park parcel.
Staff recommends that the City Council adopt the resolutions approving the Final Map and Tract
Improvement Agreement for Tract 7854 and accepting the Community Parkland Dedication In-Lieu Fees.
Page 2 of2
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RESOLUTION NO. - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7854 (FALLON VILLAGE)
WHEREAS, the Final Map for Tract 7854, 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, Braddock and Logan Group II, L.P., a California Limited Partnership,
by Braddock and Logan Services, Inc., a California Corporation, Its General Partner, has executed and
filed with the City of Dublin a Tract Improvement Agreement for Tract 7854 to improve required
subdivision improvements in accordance with the Conditions of Approval for the Tentative Map, and with
the improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Insurance
Company of the West in the amount of $962,120 for the Phase 1 tract improvements (Bond No. 227 43
63) in the amount of$244,310 for the Phase 2 tract improvements (Bond No. 227 4364) and conditioned
upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Insurance
Company of the West in the amount of $962,120 for the Phase 1 tract improvements (Bond No. 227 43
63) and in the amount of$244,310 for the Phase 2 tract improvements (Bond No. 227 4364), conditioned
upon payment for labor performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is hereby authorized to
execute said Tract Improvement Agreement, attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the Final Map of Tract 7854 be and the same is hereby
approved, and that rights to the areas marked as Calabria Court, Cantalise Court, Cantalise Drive, Cerreto
Street, Forino Court, Forino Drive, La Strada Drive, Lorenzo Court, Montelena Court, Montiano Lane,
Palatino Court, Salerno Drive, Vannucci Way, Parcel "L" (a 5.036 acre Neighborhood Park Parcel),
Public Access Easement (P AE), Public Service Easement (PSE), Storm Drain Eeasement (SDE),
Temporary Grading and Construction Easement (TGCE), and Temporary Public Service Easement
(TPSE), offered for dedication to public use in conformity with the terms of dedication be, and they are
hereby accepted, subject to improvement, and that the Clerk of this City Council is hereby directed to
transmit said Map to the County Recorder for filing.
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ATTACHIEIT .L:.
02 ~ 15
PASSED, APPROVED AND ADOPTED this 15th day of April, 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
G:\DEVELOPMENT, PRIV A TE\Fallon Village (EDPO)\Tract 7854 - Neighborhood B\Reso FM 7854.doc
2
Mayor
:2 ~ 15'
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
Tract 7854, Positano Neighborhood "B"
(Fallon Village)
This agreement is made and entered into this 1 st day of April, 2008, by and between
the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Braddock
and Logan Group II, L.P., a California Limited Partnership, by Braddock and Logan Services,
Inc., a California Corporation, Its General Partner, 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 7854, also known as Positanol Fallon
Village Neighborhood "B", desires to improve and dedicate those public improvements
(hereafter "The Improvements") in accordance with the requirements and conditions set forth
in the City of Dublin Planning Commission Resolution No. 05-61 (PA 05-038), adopted on
November 22, 2005, and City Council Resolution No. 223-05, adopted on December 6,
2005 ;the requirements of the Subdivision Map Act of the State of California, the Subdivision
Ordinance of the CITY, and those certain plan and specifications for said development
approved by the City Engineer, as follows:
· "Improvement Plans, Tract 7854 - Fallon Village, Neighborhood B': (22 Sheets,
Sheets 1-22), prepared by MacKay and Somps, Inc, approved September 11, 2007
. "Fallon Village 30" SDO Clean Water Pipeline': (7 Sheets, Sheets 1-7), prepared by
MacKay and Somps, Inc., approved May 31,2007
. "Joint Trench Composite, Fallon Village B - Phase I, Tract 7854, (5 Sheets, Sheets
JT1-JT5), prepared by Millenium Design and Construction, Inc, approved September
12,2007
. "Street Lighting, Fallon Village B - Phase I, Tract 7854, (5 Sheets, Sheets SL 1-SL5),
prepared by Millenium Design and Construction, Inc, approved September 12, 2007
· "Salerno at Positano Bent Tree Drive Connection Landscaping ", (44 Sheets, Sheets
LO.1-L 1.5), prepared by Gates and Associates, approved February 11, 2008
· "Salerno at Positano Landscaping': (50 Sheets, Sheets LO.1-L5.2), prepared by Gates
and Associates, January 9,2008
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
EXHIBIT A.
Tn thA RAcnlr Itinn
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WHEREAS, CITY has determined that The 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 will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this agreement. DEVELOPER shall complete
said work not later than two years following said date of execution of this agreement, unless
the completion date is extended by the City Council. 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 of The Improvements, including any authorized
modifications.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be as presented in the) Preliminary Bond Estimate - Fallon Village - Neighborhood
B (Phase I) Tract 7854, dated September 2007 prepared by MacKay & Somps ($962,120)
and Preliminary Bond Estimate - Fallon Village - Neighborhood "B" (Phase 2), Tract 7854,
dated September 2007 prepared by MacKay & Somps ($244,310). Said amount includes
costs and reasonable expenses and fees which may be incurred in enforcing the obligation
secu red.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the Following security in a form satisfactory to the City Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one-hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor.
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C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surface water drainage of the subdivision shall not
interfere with the use of neighboring property, including public streets and highways.
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform to the provisions of
Chapter 5 of the Subdivision Map Act.
3. Insurance Required.
Prior .to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, all insurance required under this paragraph
Prior to the commencement of work under this Agreement, DEVELOPER's general contractor
shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph DEVELOPER shall not allow any contractor or
subcontractor to commence work on this contract or subcontract until all insurance required
for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and
approved. Said insurance shall be maintained in full force and effect until the completion of
work under this Agreement and the final acceptance thereof by CITY. All requirements
herein provided shall appear either in the body of the insurance policies or as endorsements
and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form
CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less
than:
1) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
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3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of California
and Employers Liability limits of $1 ,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coveraqes.
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 Coveraqe.
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 Coveraqes.
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Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII.
b) Verification of Coveraqe. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and
approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its
policies or shall obtain separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
4. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one-
year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and
materials actually appear during the one-year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year [HOLD]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
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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. Aqreement Assiqnment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY, which shall not be unreasonably withheld, denied, or delayed.
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.
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,
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by contract or by any other method CITY may deem advisable, for the account and at the
expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages
and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such
event, CITY, without liability for so doing, may take possession of, and utilize in completing
the work, such materials, appliances, plant and other property belonging to DEVELOPER as
may be on the site of the work and necessary therefor.
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Jeff Lawrence
Braddock and Logan Services, Inc.
4155 Blackhawk Plaza Circle, Ste. 201
Danville, CA 94506-4613
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Susan Long
Saylor & Hill Co.
1999 Harrison Street, Ste. 1230
Oakland, CA 94612-3533
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.
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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 all tract work 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 tract work without delay, and, if found to be in accordance
with said plans and specifications and this Agreement, shall recommend acceptance of the
work to the City Council and, upon such acceptance, shall notify DEVELOPER or his
designated agents of such acceptance.
11. Patent and Copyriqht 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
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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
[STAYS], 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) Desjqn 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. [STAYS]
4) Litiqation 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:
Janet Lockhart, Mayor
9
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;>4''',
ATTEST:
City Clerk
DEVELOPER
Braddock and Logan Group II, L.P.,
A California Limited Partnership
By:
Braddock and Logan Services, Inc.
A California Corporation
Its General Partner
..-------.
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Title
G:IDEVELOPMENT, PRIVATEIFallon Village (EDPO)ITract 7854 - Neighborhood BITract 7854 improvement agmtdoc
10
RESOLUTION NO. - 08
\ :3 ,?f IS
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTING PARKLAND DEDICATION IN-LIEU FEES AND CREDITS
FOR PARK DEDICATION REQUIREMENTS FOR TRACT 7854
(POSITANO NEIGHBORHOOD "B")
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, Braddock and Logan Group II, L.P., a California Limited Partnership, by
Braddock and Logan Services, Inc., a California Corporation, Its General Partner, is filing the Tract 7854 Final
Map for developing 93 residential dwelling units; and
WHEREAS, the Parkland requirements for the project based on requirements of the Municipal
Code and the designated land use for Tract 7854 are 1) Dedication of 1.042 acres of Community Parkland
or payment of$695,175 in Community Parkland In-Lieu Fees, and 2) Dedication of 0.446 acres
Neighborhood Parkland or payment of $400,272 in Neighborhood Parkland In-Lieu Fees; and
WHEREAS, incorporated with Final Map 7854 Developer will dedicate a Neighborhood Park
Site resulting in the issuance of "Eastern Dublin Public Facility Impact Fee Credits - Neighborhood
Parkland" under a Credit Agreement established for this purpose and will have an original balance
available of 5.036 acres of Neighborhood Parkland credits; and
WHEREAS, Developer will utilize credits of 0.446 acres created by Final Tract Map 7853, in
lieu of a payment of fees for the full Neighborhood Parkland obligation for Tract 7854; and
WHEREAS, Developer will satisfy the Community Parkland Dedication requirement and Dublin
RE Investors has deposited with the City of Dublin funds necessary to offset the obligation of $695,175
for Community Parkland In-Lieu Fees.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid Neighborhood Parkland Credits
of 0.446 acres and the payment of$695,175 in Community Parkland in lieu fees are hereby accepted as
performance of said subdivider's obligation under Subdivision Requirements in Title 9 ofthe Dublin
Municipal Code.
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ATTAC.EIT 2,.
14 ~ It'
PASSED, APPROVED AND ADOPTED this 15th day of April, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVELOPMENT, PRIV ATE\Fallon Village (EDPO)\Tract 7854 - Neighborhood B\Reso-parkland dedicationTr7854.DOC
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LEGEND:
----- ElOUN1AAY UN(
- ROW UNE
- PARCEL utUlOlllNE
- - - EX.RO<<&EX.Pl
----- EASE",,", LK
- - - NONlMENT Uti:
. 1" lP w/eAP L5. "2J3 PER R-l
UNLESS OTliERWIS[ NOTEO
lei FOlINO SMET IKINtM:NT
~'k~~~[ w/LS 5412 LN.ESS
@ CITY Cf llellN STN(Wl() STREEl t.k)MJIdENT
m BE SET PER n:lACT 7&S3 WjLS 7960
UN..ESS Norm OTHERWISE
@ SET CITY <F OOBUN STANJARO STRE(l
UONI.I<E", STN<PEO LS. _
C>- ~LE POINT
~ ~ ~~'NE~~D211.~6~D TO REAR
UNLESS MOTrD OTHERWIS[
BHoY BOUNOIlRY
ex. ExtSftlC
PI.. PROPERTY ltE
PAE PU8\JC ACCESS EASEW:NT
PSE PUBUC SEIMC[ EASaENT
(R) RADIAL IEMING
R.O.S. RECORt) <1" SVfMY
ROW RICHT <X WA.Y
RP RADIUS P~T
SOE STORW ~AIN EASGENT
SSE SANITARY SEWfR EAS[}.IENT
TPAf lElM'OIWff PUBUC ACCESS OOD.IENT
M.E WAHR IN: EASElIENT
(~)tNO~TESSHEETN.J.eER
....lI.<Ol.IIlIKLTA lDllII'H
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RIlrES:
i':'"Ii:rlEMI_ ... ME MIED lIaI CH.IFDlllIA coaleIMIE IYITEI mE m.
2. ALL DIITMlI:I ....IIE lIIlIII) LEWL DIITAI3, -.nPLY III1N1B I'f D._OW TO mADIllIID
IJIIrNCEl,
t. 1IICT fIN ...uallTlllllAT I'DIIlCII -= IECT-. .,7 (E TIE UIe &IWEYlIFI" Itfr, _IQlITATEI:
... . NTEI .MMIW i. I., WlJlI17JE 'LME IllIUIIMTEI APE lIIEIllI III alYETI All _ IYI'II:I
fIIIUCtIl TME IE IWU IE LllmD 1J CCI ... lEI.. TIN 1HII., II A IVPIII COITIIIMm-. CF
PBOID or UIIEY ". ,... (Il."1IlH 'E'lEIW. _ _ _. lIE CllllIlIMTlIYITEIIII
MIlD IN nIIl 0IIIlIIIW. UNO CClI1, ME a,
4. lIE II' PlIYME IiCCEII /ill) IITILI1l EABErr (MI.). AI DEDICATED. PI 1201 (A'II.
TO I[ ..1TJ:lAIB If IEPM\TE DnUlBIT.
IlASIB OF _IIIU'
M IMII Dr IfMJlIiI MIll IIEIECIN. II TIn! ua ItJIEt
UICIII ~TICIIITA'TJM 'PM1.IIN" NIl .IIIIIT MAlLO
lWBI.. THE .m IEMDIii CALalATID fa .....IIIBJ a:I U
ZDlI! :I .11 camlMlB 1'U111IIJ1 LIII! II TAIIIN AI IIDITII
U"44':t1'Br,
IlEfERDEEB:
(I-I) 1EIIII1I''''!r lID. 1D111, .. 111.0.1,. N. 17~"
CI-I) TUCT 71:15 .. _ N. 17-. .... a&Im' IlElXIIlDI
CI-S) TUCT 7141.. .1 N. 5-11..... a&Im' IIEIXIIIII
CI-4) 1MCT 111:1.. 1111'1. 75-71 .... a&Im' IlEClIIII
CI-5) PI .IIK. _ l'1li. ,&-" Al..IIII!M aunv...
CI-I) 1MCT 7111 .. Ul.... .-..... a&Im' ....
CI-7) PI 1117 .. _ l'1li. '4-" IlLMEM aunv ....
'I". 1MCT 7IU IK. _ .... _'_ ..... CGlIf1'f JIEClIIII
CI... LIT LIE IGIIIIIEI1' lID. UA-D7-111 IWeII ...IID7......
(1-10) 1MCT 7141 .. II' PI. '.4....1IA IZUIIY...
_U IIJTE:
PUIIMII' 11 AlTICI1 I, .CT1OII 114a4(g) .. lIE -.mIIICIM..... M:r ,
THIS .. aMLL _TllUI'~ TIE ......,. lit :nI !IIT11ETY. IIT1tIll tIE
.....111 OF Till' _, 1IIi ".' ~ VliIlIa-1i ....1iAP1IT'"
(!VJIE.), _ _ ..' MIEICY VBlICL!:.ccnI~' I!VM:I, IOnt AI
II!DIClTID all TIN:T lUll'" _ CP WI AT ..... _"_I ~ Of
AUIEM CCIIfTY.
TRACT 7854
PAACEl BAND C OF PAACEl ~AP 9208 /oS RECORDtD IN BOOK 292
or PARCEl MAPS AT PAGES 16-17. PARCEL A-I OF TRACT 7B53 /05
RECORDED IN BOOK _ AT PAGES _ - _. RESULTANT PARCEL A
DESCRIBED IN GRANT DEED RECORDED IN SERIES No. 2007-200949 AND
RESULT.ANT PJlRCEl B-1 DESCRIBED IN GRANT DEED RECORDED IN
SERJ[S No. 2008-____
ALA~EDA CD\JNTY RECORDS
ClTY OF DUBLIN
ALA~EDA COUNTY. C^L1FDRN~
IlACKlfl...s
CMLEl'CMUfC'~ P~LNID~
!>I<t2I__llt,,'~t:l'._lh'l_~
SHEET 1 OF 1 MARCH. 2008 19319 03
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