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HomeMy WebLinkAboutItem 4.07 PFRS Dub Ease Sr Ctr CITY CLERK File # UL~L~----]-~ el AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 18, 2003 SUBJECT: Agreement Regarding Easement with PFRS Dublin Corp. for Vehicular Access to New Senior Center and Housing Site Report Prepared by: Janet Harbin, Senior Planner ~ ATTACHMENTS: 1. Resolution approving Agreement Regarding Easement with attached Access Easement Agreement 2. Proposed Agreement Regarding Easement with attached Access Easement Agreement 3. Site and Improvement Plan 4. Resolution No. 4-02 Approving Site Development Review and Specific Plan Amendment for the Target Store Expansion with attached approved conditions for PA 01-025 RECOMMENDATION: ~X~ Adopt Resolution approving the Agreement Regarding Easement with attached Access Easement Agreement FINANCIAL STATEMENT: The Agreement includes a financial obligation to the City of $1,000 per year towards the maintenance of the easement. The costs of the construction of the necessary public improvements and the vehicular access to the Senior Center/Housing site has not yet been determined, but will be conveyed to the City Council at a later date when it is included in the Senior Center/Housing's project budget. DESCRIPTION: On January 15, 2002, the City Council adopted Resolution No. 4-02, approving the Site Development Review and Downtown Core Specific Plan Amendment (PA 01-025) for the 15,000 square foot expansion of the Target store at 7200 Amador Plaza Road in the Dublin Place Shopping Center (see Attachment 4). In addition to the building expansion, upgrades to the parking lot, landscaping, and facade were also to be completed over the next year. The property is currently owned by the PFRS Dublin Corporation, and construction has begun on the Target building expansion and site improvements. Due to the future use of the adjacent Alameda County Library site as the new Dublin Senior Center and Senior Housing Project site (see Site and Improvement Plan, Attachment 3), the City required the PFRS Dublin Corporation to provide a vehicular accessway or driveway between the two sites to improve circulation through a Condition of Approval for the Site Development Review and Specific Plan Amendment for the Target Store expansion (see Attachment 4, Condition 31). This Condition of ............................................................................................................. COPIES TO: ITEM NO. ~ g:~PA\2001\PA O l-025\CC-sr AccessAgreement.doc // ~ Approval mandates that the property owner enter into an agreement to, '~provide for a public vehicle accessway between the existing Dublin Library site and the adjacent northeast parking area of the Target Store site," and, "to allow the City to reconfigure and/or improve parking stall and associated landscaped islands in that portion of the parking area at the City's cost as part of a future conversion of the Library to another civic use." According to the approved Condition, this access right was to be granted in the form of an easement. The proposed Agreement Regarding Easement with the attached Access Easement Agreement in Attachment 2 fulfills Condition #31 of PA 01-025 as it requires the property owner (PFRS Dublin Corp.) and tenant (Target Corporation) to grant an easement to the City of Dublin when the City acquires the Library property from Alameda County upon completion of the new Library at the Civic Center. The easement will alloxv the City to provide a vehicular accessxvay and a pedestrian walkway to the proposed Senior Center and Housing project site from the signalized intersection at Amador Valley Boulevard and Donohue Drive (see Site and Improvement Plan in Attachment 3). Presently, there is only one direct access point to the site from the eastbound direction of Amador Valley Boulevard in the westerly portion of the library site. The new accessway will provide an alternate vehicular and pedestrian access to the new senior center and the housing proposed on the site. The Agreement would also allow a portion of the Target Store parking area to be used for overflow parking on an as needed basis for events at the Senior Center. FINANCIAL CONSIDERATIONS: The cost of the construction of the necessary public improvements and the vehicular access to the Senior Center/Housing site has not yet been determined, but will be conveyed to the City Council at a later date ~vhen it is included in the Senior Center/Housing's project budget. There is no up-front cost to the City for acquiring the Easement; however, the PFRS Dublin Corporation has requested that the City pay $1,000 per year in maintenance costs for the driveway, lighting facilities and landscaping of the Access Easement area. This cost will be included in the maintenance budget for the Senior Center and Housing Project site. The Easement will terminate when the City no longer uses the Senior Center site for civic purposes. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution (Attachment 1) approving the Agreement Regarding Easement with attached Access Easement Agreement between the City of Dublin and the PFRS Dublin Corporation (Attachment 2). RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT REGARDING EASEMENT WITH PFRS DUBLIN CORP. AND THE CITY OF DUBLIN FOR A VEHICULAR ACCESS EASEMENT AGREEMENT FOR THE NEW SENIOR CENTER AND HOUSING PROJECT SITE WHEREAS, the PFRS Dublin Corporation is the owner of certain parcels in the Dublin Place Shopping Center located between Dublin Boulevard and Amador Valley Boulevard at Amador Plaza Road, shown in Exhibit A to the Agreement Regarding Easement entered into by the PFRS Dublin Corporation and the City of Dublin for a vehicular and pedestrian access easement agreement for the new Senior Center and Housing Project site; and WHEREAS, the Target Corporation leases a portion of the property owned by PFRS Dublin Corporation in the Dublin Place Shopping Center at 7200 Amador Plaza Road and is in the process of building expansion, subject to the Conditions of Approval for Site Development Review PA 01-025, approved by the Dublin City Council on January 15, 2002; and WHEREAS, the Agreement Regarding Easement with PFRS Dublin Corporation and the City of Dublin for the vehicular and pedestrian access easement for the new Senior Center and Housing project site fulfills the requirements of Condition #31 of the said Conditions of Approval for Site Development Review for the Target Store expansion, which states the property owner must enter into an agreement with the City of Dublin "to provide for a public vehicle accessway between the existing Dublin Library site and the adjacent northeast parking area of the Target Store site, "and, "to allow the City to reconfigure and/or improve parking stall and associated landscaped islands in that portion of the parking area at the City's cost as part of a future conversion of the Library to another civic use"; and WHEREAS, the vehicular and pedestrian access right' was to be granted in the form of an easement as stimulated by Condition #31 of the Conditions of Approval for PA 01-025, and is contained in the Access Easement Agreement in Exhibit C of the Agreement Regarding Easement; and WHEREAS, the PFRS Dublin Corporation has agreed to allow the City use of said access easement, parking stalls and landscaping islands for the purposes of providing vehicular and pedestrian access, parking, and landscaping, as shown in Exhibit D of the Agreement Regarding Easement, for the new Senior Center and Senior Housing project within the property owned by the PFRS Dublin Corporation; and WHEREAS, the PFRS Dublin Corporation is agreeable to such use so long as the City improves and operates such facilities in a manner that minimize the impacts on the basic retail operations within the Dublin Place Shopping Center and the Target Store; and WHEREAS, the PFRS Dublin Corporation is agreeable to such use so long as the City holds the property owner free from all liability and claims for damage in accordance with said Access Easement Agreement contained in Exhibit C, and pays the agreed upon yearly maintenance fee stated in the Agreement. 1 ATTACHMENT 1 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement Regarding Easement with the attached Access Easement Agreement between the PFRS Dublin Corporation and the City of Dublin, and authorizes the Mayor to execute same. BE IT FURTHER RESOLVED that the Mayor is attthorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 18th day of March 2003. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G2PA\2001LPA 01-025\CC-RESO AccessAgrmt.doc 2 ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Faegre & Benson, LLP 90 South Seventh Street 2220 Wells Fargo Center Minneapolis, MN 55402-3901 Attention: Kelly L. Tickle (Space Above This Line For Recortler's Use) AGREEMENT REGARDING EASEMENT (Dublin, California) This Agreement Regarding Easement (this "Agreement") dated as of January __, 2003, is entered into by and among PFRS Dublin Corp., a Michigan corporation _("PFRS"), Target Corporation, a MinnesOta corporation ("Target"), and the City of Dublin, a California municipal corporation (the "City"). PFRS, Target and the City shall sometimes be referred to herein as a "Party" and together as the "Parties." RECITALS: 1. PFRS is the fee owner of that certain parcel of land situated in Dublin, California, being more particularly described on Exhibit A attached hereto, and which is identified as the "PFRS Tract" on the site plan (the "Site Plan") attached hereto as Exhibit B. 2. PFRS leases portions of the PFRS Tract to Target pursuant to that certain Lease Agreement dated April 19, 1978, as amended, and Target owns and operates a Target store on the PFRS Tract. 3. The City holds the purchaser's interest in a certain Transfer of Ownership Agreement (the "Underlying Contract") dated September 7, 1999 between the City and the County of Alameda, California ("Fee Owner"), providing the City .with the exclusive right to purchase a certain tract of land consisting of approximately two acres located adjacent to the PFRS Tract and which is identified as the "County Tract" on the Site Plan. 4. Target desires to renovate and expand certain improvements on the PFRS Tract (the "Target Renovation"), and PFRS and the City have consented to and approved the Target Renovation. As a condition of its approval, the City has required PFRS and Target to grant to the City, at such time the City acquires fee title to the County Tract, an easement for vehicular and pedestrian ingress and egress for the benefit of the County Tract. NOW, THEREFORE, in consideration of the City's approval of the Target Renovation and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PFRS, Target and the City agree and covenant as follows: 1. The recitals set forth herein are true and correct and incorporated herein by this reference. 2. Defined Terms. As used herein, the following terms shall have the meaning set forth below: 2.1 The Access Easement. The Access Easement Agreement subStantially in the form of.Exhibit C attached hereto. ... 2.2 Title Company. Chicago Title Insurance Company with an address of Minneapolis Commercial Center, 222 South 9th Street, Suite 3250, Minneapolis, Minnesota 55402, Attention: Genevieve Rousseau. 3. Delivery of ExecUted Access Easement. The City shall provide to PFRS and to Target written notice of the date (the "Closing Date") on which the City acquires fee title to the County Tract from the Fee Owner pursuant to the Underlying Contract (the "Closing Notice"). Within thirty (30) days after receipt of the Closing Notice, PFRS and Target shall each execute four (4) original counterparts of the Access Easement and deliver such originals of the Access Easement, together with their respective escrow instruction letters, to the Title Company. The Title Company shall record the Access Easement and distribute original copies of the same to PFRS, Target and the City pursuant to PFRS' and Target's joint escrow instructions. 4. Conditions Precedent in Favor of PFRS and Targe.t.. The obligations of PFRS and Target under this Agreement are each contingent upon the occurrence of the following as of the Closing Date: 4.1 The City's intended use of the County Tract has not materially changed fi:om the use described in the Access Easement. 2 The foregoing condition is specifically stated and are for PFRS' and Target's sole and exclusive benefit. PFRS and Target shall each have the right to waive any or all of such conditions in its sole discretion. 5. Costs and Expenses. Each Party will pay its own attorneys' fees. Target shall pay all recording and escrow costs with respect to the recording of the Access Easement. 6. Termination. In the event the Closing Date does not occur prior to December 1, 2003, this Agreement shall automatically terminate and be of no further force or effect and all Parties hereto shall be released from all further obligations under this Agreement. 7. Notices. Any notice, consent, waiver, request or other communication required or provided to be given under this Agreement shall be in writing and shall be sufficiently given and shall be deemed given when delivered personally or when mailed by certified or registered mail, return receipt requested, postage prepaid, or when dispatched by nationally recognized overnight delivery service, in any event, addressed to the party's address as follows: To PFRS: PFRS Dublin Corp. c/o Capozzoli Advisory for Pensions, Inc. 21500 Haggerty Road, Suite 100 Northville, Michigan 48167 Atto: Randal Potterf Copy to: McNichols Randick O'Dea & Tooliatos, LLP 5000 Hopyard Road, Suite 400 Pleasanton, California 94588 Atto: Don O'DelI To Target: Target Corporation Property Development Atto: Property Administration " 1000 Nicollet Mall Minneapolis, Minnesota 55403 Copy to: Faegre & Benson LLP 2200 Wells Fargo Center 90 So. 7th St. Minneapolis, MN 55402 Attn: Kelly Tickle To City: City of Dublin I00 Civic Plaza Dublin, CA 94568 Atto: City Manager 3 Copy to: City of Dublin 100.Civic Plaza Dublin, CA 94568 Attn: City Attorney or to such party at such other'address as such party, by ten (10) days prior written notice given as herein provided, shall designate, provided that no party may require notice to be sent to more than two (2) addresses. Any notice given in any other manner shall be effective only upon receipt by the addressee. 8. Miscellaneous. 8.1 Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding among PFRS, Target and the City, and supersedes any prior oral or written agreements, relating to the Access Easement. This Agreement may not be amended, modified or supplemented except in a writing executed by PFRS, Target and the City. No term of this Agreement shall be waived unless done so in writing by the party, benefited by such term. 8.2 Governing Law. This Agreement shall be construed under and governed by the laws of the State of California. 8.3 Construction. The rule of strict construction shall not apply to this Agreement. This Agreement shall not be interpreted in favor of or against PFRS, Target or the City merely because of their respective efforts in preparing it. 8.4 Captions, Gender, Number and Language of Inclusion. The article and section headings in this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope or intent of any term of this Agreement. As used in this Agreement, the singular shall include the plural and vice versa, the masculine, feminine and neuter adjectives shall include one another, and the following words and phrases shall have the following meanings: (i) "including" shall mean "including but not limited to," (ii) "applicable taw" shall mean "all applicable federal, state, county, municipal, local or other laws, statutes, codes, ordinances, rules and regulations," and (iii) "substantiallY in the form" shall mean in the form of the applicable attached documents, together with such modifications thereto as shall be acceptable to PFRS and to Target in their discretion provided that no such modification shall impose any materially greater obligation on, or materially impair any right of the City without the City's approval. 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 4 SIGNATURE PAGE FOR AGREEMENT REGARDING EASEMENT PFRS, Target and the City have caused this Agreement to be executed and delivered as of the date first above written. PFRS Dublin Corp., a Michigan corporation Y: . -, ' Target Corporation, a Minnesota corporation Its: //") 5P?o~? A. ;'~!.;:.~or~ City of Dublin, a California municipal corporation By: Its: ATTEST: By: Kay Keck, City Clerk APPROVED AS TO FORM: By: Elizabeth Silver, City Attorney STATE OF MICHIGAN ) o,¢~4/2 ) ss. COUNTY OF ~ ) . ./ On this ~ day of 'J'~{JJ¢~ ,200-~ before me, /57~4-P/3 &*~ ~9". ~.;.,~7'} the undersigned Notary Public, personally appeared ~.r, ¢. 75. 'T't~ ~,~?,o.~,-, personally known to me (or proved to me on the basis of satisfactory evidencei to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. Notary Public STATE OF MINNESOTA ) ~~ ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this c;~"7 day of~t~_, 20(~, by~~the ~1.1~ corporation, on behalf of said corporation., .... 12'-~-~"' ~2'"~ -~--'~T---'-'~  ~otau Public My comssion expires: 6 STATE OF CALIFORNIA ) ) SS. COUNTY OF ALAMEDA ) On this __ day of .., 2002, before me, , the undersigned Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the perSon(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public MI :874341.08 EXHIBIT A Legal Description of PFRS Tract 'REAL PROPERTY in the City of Dublin, County of Alameda, State-of California, described as follows: Parcel C, of Parcel Map 2622, filed September 25, 1978, in Book 105, of Maps, Pages 52 and 53, Alameda County Records. A.P. No. 941-305-29-2 Parcel 3, of Parcel Map 6748, filed February 3, 1995, in Book 216, of Maps, Page 49, Alameda County Records A.P. No. 941-305-40 Parcel 1, of Parcel Map 6748, filed February 3, 1995, in Book 216, of Maps} Pages 49, Alameda County Records A.P..No. 941-305-38 Parcel B, of Parcel Map 2622, filed September 25, 1978, in Book 105, of Maps, Pages 52 and 53, Alameda County Records. A.P. No. 941-305-28 A non-exclusive easement for ingress and egress, pedestrian and vehicular traffic, utilities, and for parking 9f vehicles over Parcels A, C, and E inclusive, as shown on Parcel Map 2622 filed for record on September 25, 1978 in Book 105 of Maps, Pages 52 and 53, Alameda County Records, as set forth in that certain Restatement and Amendment #1 to Declaration of Restrictions and Grant of Easements recorded May 1, 1979, Instrument No. 79-081716, Alameda County Records. A-1 EXHmIT B - Site Plan MAP 941 PARGEL MAP 52:l(~a~oiPg.ag) ,,. B M.~ DOUGHERTY R~CH-~D~ PLOT ~ P~CEL MAP 3~5 {m~4~,~o) RM. g00~-g00~ 'V3 'epamely g-1 EXHIBIT C Form of Access Easement RECORDING REQUESTED BY AND WI-tEN RECORDED RETURN TO: Faegre & Benson, LLP 90 South Seventh Street 2220 Wells Fargo Center Minneapolis, MN 55402-3901 Attention: Kelly L. Tickle (Space Above Tius ! ,me For Recor0er's Use) ACCESS EASEMENT AGREEMENT (Dublin, California) THIS ACCESS EASEMENT AGREEMENT (this "Agreement") is made as of the __ day of ., 2002, by and among PFRS Dublin Corp., a Michigan corporation ("PFRS"), Target Corporation, a Minnesota corporation ("Target"), and the City of Dublin, a California municipal corporation (the "City"). PFRS, Target and the City shall sometimes be referred to herein as a "Party" and together as the "Parties." RECITALS: A. PFRS is the owner of that certain parcel of land situated in Dublin, California, being more particularly described on Exhibit A attached hereto, and which is identified as the "PFRS Tract" on the site plan (the "Site Plan") attached hereto as EXhibit C. The PFRS Tract is part of the Dublin Place Shopping Center (the "Shopping Center"). B. The PFRS Tract is subject to that certain Restatement and _ Amendment #t to Declaration of Restrictions and Grant of Easements, dated as of January 30, 1979, recorded on May 1, 1979 in the Official Records of Alameda County, California as instrument number' 79-081716, as amended by that certain Amendment #2 to Declaration of Restrictions and Grant of Easements, dated as of November 1, 1993, recorded on August 10, 1994 in the aforesaid records as instrument number 94-275684, as further amended by that certain Amendment #3 to Declaration of Restrictions and Grant of Easements dated as of December 21, 2000, recorded on April 6, 2001 in the aforesaid records as instrument number 2001116726 (collectively, the. "Declaration"). C. PFRS leases portions of the PFRS Tract to Target pursuant to that certain Lease Agreement dated April 19, 1978 recorded in the Official Records of Alameda County on April 28, 1978, in Reel 5367, Image 5666, as Instrument 78-078389, as amended by a letter agreement dated May 9, 1978, as further amended by a Certificate of Lease and Supplemental Agreement dated August 14, 1978, as further amended by that certain Amendment N°. 3 to Lease dated April 26, 1979, as'further amended by that certain Amendment No. 4 to Lease dated May 12, 1987, and as further amended by that certain Amendment No. 5 to Lease dated January ,2003 (collectively, the "Target Lease"), and Target owns and operates a Target store thereon. D. The City is the owner of that certain parcel of land situated adjacent.to the PFRS Tract, being more particularly described on .Exhibit B attached hereto, and which is identified on the Site Plan as the "City Tract". E. PFRS, with Target's consent, has agreed to grant to the City an easement for pedestrian and vehicular ingress and egress for the benefit of the City Tract at the location designated on the Site Plan (the easement is hereinagter referred to as the "Access Easement Area"). NOW, THEREFORE, for Ten Dollars ($10.00) payable to PFRS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PFRS, Target and the City agree and covenant as follows: Section 1. Grant of Easement. A. PFRS, with Target's consent, hereby grants, bargains, sells and quitclaims to the City, as owner of the City Tract, and to the employees, residents and invitees of the senior citizen community center located or to be constructed on the City Tract ("Permitees") a non-exclusive easement and right of way, in common with PFRS, Target and others now or hereafter entitled to use the same, upon and across the Access Easement Area as identified on the Site Plan for the purpose of vehicular ingress and egress to and from the City Tract; provided, however, this grant of easement shall in no event be construed to create any fights to park motor vehicles upon any portion of the Access Easement Area and the City shall be required to post signage on the Access Easement inthe locations designated on the Site Plan stating that "Parking is for Dublin Place Shopping Center (or new name of center, as appropriate) customers only." The easement established herein shall be appurtenant to and for the benefit of the City Tract. C-2 B. PFRS, with Target's consent, hereby grants to the City a license to enter onto the PFRS Tract as is reasonably necessary for the sole purpose of constructing the Improvements (as defined in Section 4.A below), in accordance with the terms of Section 4 hereof. The foregoing license shall expire upon completion of construction of the Improvements. Section 2. Easement Use. A. Subject to the terms of this Agreement, the Permitees shall have the fight to use the Access Easement Area for the passage of pedestrians and vehicles to and from the senior citizen community center located or to be constructed on the City Tract from and after the date the City substantially completes the Improvements described in Section 4 herein. B. The term of this grant of easement shall commence as of the effective date specified above and unless terminated earlier, shall expire on the date the City ceases to use the City Tract for the purposes described in Section 2.A, above. C. PFRS and Target shall each have the fight to erect temporary barricades across the Access Easement Area whenever necessary to (i) repair, replace or maintain the AcceSs Easement Area, (ii) construct, repair, replace or maintain improvements upon other portions of the PFRS Tract, or (iii) prevent the acquisition of prescriptive easement rights by anyone. PFRS and Target agree that prior to taking any action with respect to a closure permitted above, it shall give five (5) days' written notice to the City of its intention to do so and shall attempt to coordinate such closure with the City, if possible, so that no unreasonable interference in the passage of pedestrians or vehicles shall occur. D. PFRS reserves the right to relocate, at its own cost, the Access Easement Area. Such relocated area may vary in width, but shall not be less than what is necessary to reasonably accommodate two-way vehicular traffic movements, and shall provide a reasonably direct route between the City Tract and Amador Valley Boulevard. Upon completion of such relocation or as soon thereafter as is reasonably possible, PFRS shall file an affidavit referring to this Agreement and stating the new legal description of the relocated portion of the AcceSs Easement Area. E. The City acknowledges that the Access Easement Area has been hard surfaced and is currently used by Target and others. During the term of and pursuant to the Target Lease, PFRS agrees to cause the Access Easement Area to be maintained in a condition substantially equal to that existing on the effective date of this Agreement, and the City agrees that such maintenance standard is acceptable to it. C-3 Section 3. Annual Contribution. The City agrees to pay to PFRS as a contribution towards the maintenance of the driveway, lighting facilities and landscaping within the Access Easement Area the sum of One Thousand Dollars ($1,000.00) per year (subject to adjustment as hereinafter provided), in advance, commencing on 1, 2003. The annual contribution shall be increased, commencing on 1, 2004 and each year thereafter, to an amount equal to 105% of the annual contribution for the prior year. In the event the City shall fail to make its annual contribution on or before the due date and the City shall not remedy such failure within ten (10) days after written notice, then upon the expiration of such 10-day period, the City hereby grants to PFRS the right to place a lien on and against the City Tract in an amount equal to the amount by which the City is in arrears, plus alt costs incurred by PFRS to enforce its rights and the contribution hereunder, plus interest on such amounts owed at the highest rate permitted by law or 12%, whichever interest rate is lower, and the City hereby acknowledges and agrees that such lien may be foreclosed or otherwise enforced in accordance with applicable law. Section 4. Construction of Improvements. A: Subject to the terms of this Section 4, the City shall have the right but not the obligation, at its sole cost and expense, to construct certain improvements within the Access Easement Area, which improvements shall consist of the construction of a curb cut from the Access Easement Area to the City Tract and the reconfiguration and/or improvement of parking stalls and landscaped islands within the portion of the Access Easement Area designated as the "Improvements Area" on the Site Plan (collectively, the "Easement Improvements"). Not more than one (1) curb cut shall be constructed, maintained or used by the City between the Access Easement Area and the City Tract, and unless written consent by Target and PFRS are given, no curb cut shall exceed thirty-two (32) feet in width. The curb cut shall initially be established in the location depicted on the Site. B. If the City elects to construct the Easement Improvements, the City shall be obligated to reconfigure and improve the portion of parking lot in the northwest comer of the PFRS Tract in strict accordance with the parking area improvement layout attached hereto as Exhibit D (the "Parking Improvements"). The Easement Improvements and the Parking Improvements are sometimes collectively referred to herein as the "Improvements." C. Once the City commences construction of the Easement Improvements, the City shall diligently pursue the construction of the Easement Improvements and the Parking Improvements to completion; provided, however, that no such work shall occur during the months of October, November, December or January. All such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with Target's conduct of business and the general use of the Access Easement Area and the PFRS Tract. All work undertaken pursuant to this Agreement shall comply with the requirements of the Declaration as well as all governmental agencies and other entities C-4 having or exercising jurisdiction over construction activities occurring on or about the PFRS Tract. All work undertaken pursuant to this Agreement shall be completed with new materials and in a first-class and workmanlike manner and in compliance with all applicable laws and regulations. The City shall perform all work associated with the Improvements so as to minimize the impact upon Target's business or other businesses in the PFRS Tract or the Shopping Center. Without limiting the foregoing, there shall at all times be adequate access between the front entries of the Target store and Amador Valley Boulevard. The City shall inform PFRS and Target in writing of the sequencing of construction activities and shall provide to PFRS and to Target thirty (30) days' advance written notice of the commencement of such construction work. D. Mechanic's Liens. If, as a result of any work or improvement performed by or on behalf of the City, a mechanic's or materialmen's lien is recorded against or becomes an encumbrance on the PFRS Tract or any other property owned by PFRS or Target within the Shopping Center, then the City shall, within thirty (30) days of the recording of such lien, obtain by discharge, bond or otherwise, the release of any such lien as an encumbrance on the PFRS Tract or any other property owned by PFRS within the Shopping Center. The City shall indemnify, defend, and hold PFRS and Target harmless from and against any such liens and from any and all expense and liability in connection therewith including, but not limited to; attorneys' fees and court costs resulting therefrom. If the City shall fail to obtain the release of any such lien within said thirty (30) day period, PFRS and/or Target may, at its option, bond for and obtain the release of any such lien, in which case the City shall, within ten (10) days of its receipt of a written request therefor, reimburse PFRS and/or Target for all costs and expenses incurred by either or both of them in obtaining such bond and release. Section 5. Default; Remedies. A. Non-Monetar~ Default. In the event any party hereto (the "Defaulting Party") fails to perform any provision of this Agreement, which failure continues for a period of thirty (30) days after receipt of written notice specifying the particulars of such fa/lure, such fa/lure shall constitute a default under this Agreement and the other parties hereto (each a "Non-Defaulting Party") may thereafter institute legal action against the Defaulting Party for specific performance, declaratory or injunctive relief, monetary damages or any other remedy provided by law; provided, however, that the Defaulting Party shall not be deemed to be in default if such failure to perform cannot reasonably be rectified within the thirty (30) day period and such Defaulting Party is diligently proceeding to rectify the particulars of such failure. The foregoing shall be in addition to any other remedies expressly provided for in this Agreement. In addition to any Other remedies set forth herein, a Non-Defaulting Party shall be entitled to seek temporary and permanent injunctions against the breach of any of the provisions hereof. B. Self-Help. If the City has not completed construction of the Improvements within ninety (90) days after the commencement of construction of the Easement Improvements described in Exhibit D attached hereto, then PFRS or Target, upon C-5 fit~een (15) days' written notice to the City, may elect to take over the construction of the Improvements. If PFRS or Target elects to construct the Improvements, then the City shall pay all construction costs (including "hard" and "soft" costs) incurred by PFRS or Target in connection with the Improvements within fifteen (15) days of the date PFRS or Target notifies the City that such work has been completed. Furthermore, PFRS or Target shall have the right to a lien on the City Tract for the amount of the unpaid costs incurred by PFRS or Target pursuant to this Section 5.B, together with accrued interest. C. No Waiver. The failure Of a party hereto to insist upon strict performance of any of the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of any rights or remedies that said Party maY have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the terms, covenants, conditions or agreements contained herein by the same or any other Party. D. Remedies Cumulative. In addition to the remedies set forth in this Agreement, each Party entitled to enforce this Agreement shall have all other remedies provided by law to the same extent as if fully set forth herein word' for word. No remedy herein conferred upon, or reserved to any party shall exclude any other remedy herein or by law provided, but each shall be cumulative. E. Lien. The lien provided for in Sections 3 and 5 hereof shall only be effective when filed for record as a claim of lien against such Defaulting Party in the Office of the Recorder for the county in which the Tract is located, signed and verified, which shall contain at least: (i) An itemized statement of all amounts due and payable pursuant hereto; (ii) A description sufficient for identification of the Tract which is the subject of the lien; (iii) The name of the Defaulting Party and the reputed owner of the Tract; and (iv) The name and address of the Non-Defaulting Party recording such lien. The lien, when so established against the Tract described in the lien, shall be prior and superior to all fight, title, interest, lien or claim which may be or has been acquired or attached to such Tract after the time of filing the lien. The lien shall be for the use and benefit of the Non-Defauking Party and may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction. C-6 Section 6. Insurance. A. Target shall at all times maintain in full force and effect the comprehensive public liability insurance for the Access Easement Area pursuant to and to the extent required by the Lease. PFRS shall at alt times maintain in full force and effect the comprehensive public liability insurance for the Access Easement Area as is required by the Declaration. The City shall at ail times maintain in full force and effect comprehensive public liability insurance with a limit of not less than Two Million Dollars ($2,000,000.00) for personal or bodily injury or death to any one person, for a limit of not less than Two Million Dollars ($2,000,000.00) for personal or bodily injury or death to a number of persons arising out of any one occurrence, and for a limit of not less than Two Million Dollars ($2,000,000.00) in respect of any instance of property damage. The insurance described herein may be carried under (i) an individual policy, (ii) a blanket policy or policies which include other liabilities, properties and locations, (iii) a plan of self-insurance, or (iv) a combination of any of the foregoing insurance programs. Each Party agrees to furnish to any other Party requesting same a certificate affirming that: (i) such insurance is in full force and effect; and (ii) the premiums have been paid in full. B. Indemnification. The City agrees to defend, protect, indemnify and hold harmless PFRS and Target from and against all claims or demands, including any action or proceeding brought thereon, and all costs, losses, expenses and liabilities of any kind relating thereto, including reasonable attorneys' fees and cost of suit, arising out of or resulting from the use of the Access Easement Area by the City, its employees, guests or permitees, except to the extent such dlaims or demands arise from the indemnified party's gross negligence or willful misconduct. The indemnity obligations set forth in this Section shall survive any termination of this Agreement. Section 7. Not a Public Dedication. Until and unless an express dedicat, ion is made of the Access Easement Area, no use hereunder shall be deemed to constitute the Access Easement Area as a public way or a quasi-public way, but to the contrary the Access Easement Area shall constitute and remain a private way and drive. No dedication shall, however, be made of the Access Easement Area unless the Access Easement Area is accepted by the public entity for maintenance as a public street or drive. Upon any dedication of the Access Easement Area complying with the terms of this Section 7, this Agreement shall terminate Section 8. Notice. All notices, demands and requests required or desired to be given under tiffs Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: C-7 To PFRS: PFRS Dublin Corp. c/o Capozzoli Advisory for Pensions, Inc. 2 t 500 Haggerty Road, Suite 100 Northville, Michigan 48167 Attn: Randal POtterf Copy to: McNichols Randick O'Dea & Tooliatos, LLP 5000 Hopyard Road, Suite 400 Pleasanton, California 94588 Attn: Erin Kvistad To Target: Target Corporation Property Development 1000 Nicollet Mall Minneapolis, Minnesota 55403 Copy to: Target Corporation Law Department Attn: Lenora Walker 33 South 6th Street Minneapolis, Minnesota 55402 To the CitY: The City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: City Manager Copy to: The City of Dublin i00 Civic Plaza Dublin, CA 94568 Attn: City Attorney Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the Un/ted States of America. Section 9. Miscellaneous. A. This instrument may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The covenants and agreements herein contained shall run with the land, and shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. B. All previous negotiations and understandings among PFRS, Target and the City or their respective agents and employees with respect to the transaction set forth C-8 herein are merged in this Agreement which alone fully and completely expresses the parties' rights, duties and obligations with respect to its subject matter and which may be amended only by subsequent written agreement among PFRS, Target and the City. C. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected, and in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision will be added as a part of this Agreement that is as similar to the illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable. D. This Agreement shall be deemed to be a contract made under the laws of the State of California for all purposes shall be governed and construed in accordance with the laws of said State. [Signature Pages Follow] C-9 IN WITNESS WltEREOF, the parties hereto have caused these presents to be executed as of the day and year first above written. PFRS Dublin Corp., a Michigan corporation By: Its: Target Corporation, a Minnesota corporation By: Its: City of Dublin, a California municipal corporation By: Its: ATTEST: By: Kay Keck, City Clerk APPROVED AS TO FORM: By: Elizabeth Silver, City Attorney C-10 STATE OF MICHIGAN ) COUNTY OF WAYNE ) On this __ day of ,2003, before me, the undersigned Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this . day of , 2002, by the of Target Corporation, a Minnesota corporation, on behalf of said corporation. Notary Public My commission expires: C-Il STATE OF CALIFORNIA ) ) SS. COUNTY OF ALAMEDA ) On this __ day of ,2003, before me, , the undersigned Notary Public, personally appeared ., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in'his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public M1:874341.08 C-12 EXHIBIT A PFRS Tract REAL PROPERTY in the City of Dublin, County of Alameda, State of California, described as follows: Parcel C, of Parcel Map 2622, filed September 25, 1978, in Book 105, of Maps, Pages 52 and 53, .Alameda County Records. A.P. No. 941-305-29-2 parcel 3, of Parcel Map 6748, filed February 3, 1995, in Book 216, of Maps, Page 49, Alameda County Records A.P. N°. 941-305-40 Parcel 1, of Parcel Map 6748, filed February 3, 1995, in Book 216, of Maps, Pages 49, Alameda County Records A.P. No. 941-305-38 Parcel B, of Parcel Map 2622, filed September 25, 1978, in Book 105, of Maps, Pages 52 and 53, Alameda County Records. A.P. No. 941-305-28 A non-exclusive easement for ingress and egress, pedestrian and vehicular traffic, utilities, and for parking of vehicles over Parcels A, C, and E inclusive, as shown on Parcel Map 2622 filed for record on September 25, 1978 in Book 105 of Maps, Pages 52 and 53, Alameda County Records, as set forth in that certain Restatement and Amendment #i to Declaration of Restrictions and Grant of Easements recorded May 1, 1979, Instrument No. 79-081716, Alameda County Records. C-A-1 EXHIBIT B City Tract REAL PROPERTY in the City of Dublin, County of Alameda, 'State of California, described as follow: Commencing at the point of intersection of the Southwesterly line of Parcel 9 with the Southeasterly line of Amador Valley Boulevard, as said Parcel and Boulevard are delineated and so designated on that certain Map entitled "Parcel Map 521" etc., filed December 17, 1969, in Book 61 of Maps at Page 89 thereof, Records of Alameda County, California and running thence along said Southeasterly line of Amador Valley Boulevard Northeasterly on the arc of a curve to the right, tangent at last said point to a course which bears North 22° 53'43" East (the bearing of said tangent course being taken as North 22° 53'43" East for the purpose of making this description), the radius of which curve is 446.00 feet, through a central angle of 32°59'11", a distance on said arc of 256.77 feet to a point thereon, tangent at last said point to a course which bears North 55° 52'53" East;' thence leaving said Southeasterly line of Amador Valley Boulevard South 36° 53'1 l"East, 100.00 feet"; thence Southeasterly and Easterly on the arc of a curve to the left, tangent to last said coUrse, the radius of which curve is 100.00 feet, through a central angle of 47o19'36" a distande on said arc of 82.60 feet to a point on a tine drawn parallel with the aforesaid Southwesterly line of Parcel 9, tangent at last said point to a course which bears South 84012'47" East; thence along said parallel line South 20° 51'45" East, 197.33 feet; Southwesterly line of Parcel 9; thence along said Southwesterly line North 20°51'45" West, 229.56 feet to the point of commencement. A.P. No. 941-305-012-02 C-B-1 : R M. 1810 (shes ~s7) ~---~-' ASSESSOR'S MAP 941 PARCEL MAP 521 (aa.6, Pg.ag) ,,. ~ M. 653(Bk.~~ ~ DOUGHERTY ~CH-S~D~ PLOT ~ ~5~}7) ~ ~ 505 } ~=2~' P~C~ M~ ~25[~54~.~)P.M. 51B(~~M.~IO~ BL97P ~ / P~C~ MAP .fl99. {a~eo ~ EM.5564"~./- PM. 2622 i~/sa J ' ,.. , ~' . ' ~ ~ , ~ .. ,~, ~ ~.,b',~,,~ t74 ' g, ~z~..X t500 ~ P~ Tract , / .... · 4:; :-~ ~,. ,.., """ '~" ": SITE .:~'~ : ., :' '173 ~ ~ 4~ ' ;':'' ,'.. ~" .. ..,~ - ~:~. .~:~.~ ,~:: .,.  . . ' .~ .:,.. ,., .? ..: 40. to [ :l~*qs 'O~¢gOgO-[~6 - gOO~-gOOg '~0 'epemel~ C~C- Par,king Improvement Plans Site and Improvement Plan Access Easement for Senior Center/Housing Project RESOLUTION NO. 4 - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE SITE DEVELOPMENT REVIEW AND SPECIFIC PLAN AMENDMENT FOR TARGET STORE EXPANSION PA 01-025 WHEREAS, SLS Associates, on behalf of the Target Corporation has requested approval of a · Site Development Review and amendment of the Downtown Core Specific Plan to allow an approximately 15,000 square foot expansion and renovation of the Target Store in the Dublin Place Shopping Center, with associated improvements, located at 7200 Amador Plaza Road; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Depa~hnent of Community Development; and Wlt~'~REAS, Applicant/Develop ~r' has submitted project elevations/renderings dated received October 24, 2001, and project plans date received on December 20, 2001, for a Site Development Review for the expansion of the Target :ore by approximately 15,000 square feet (enclosed building area); and WFYEREAS, the Project is Cate :orically Exempt from the provisions of the California Environmental Quality Act (CEQA), Sta ,~ CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15301(e)(1), (~lass 1, as the project is an addition to an existing facility where the net increase in area is less than 10,0130 square feet and all services are available; and Wl~EREAS, the City adopted th ~ Downtown Core Specific Plan on December I9, 2000 which was prepared pursuant to Government C ~de Sec. 65450 et seq.; and, WHEREAS, the Specific Plan ir :lude permitted land uses, development standards, urban design guidelines, transportation improvements and implementation programs to achieve the goals of the Dublin General Plan; and, WHEREAS, the Planning Commission did hold a public hearing on said project application on January 8, 2002 and recommended approval of the Ske Development Review and amendment of the Downtown Core Specific Plan for this project to the City Council; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission transferred original hearing jurisdiction for this prOject to the City Council pursuant to Section 8.96.020.C.3 of the Zoning Ordinance. WHEREAS, the City Council did hold a public hearing on said project application on January 15, 2002 for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and Wl:IEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE City Council of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review: A_ Approval of this application is consistent with the purpose and intent of this Chapter because a general merchandise retail store is a use permitted within the C-1 (Retail Commercial) Zoning District. B. The project is consistent with the Downtown Core Specific Plan, which allows retail uses, and is -within and consistent with the Retail/Office designation of the General Plan and the C-1 (Retail Commercial) Zoning District which allow retail uses. C. The approval will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because it is expansion and improvement of an existing use and features and physical improvements have been incorporated into the design of the project which reduce any potential project-related impacts which may impact the public health, safety and general welfare to a level of less-than- significant. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable environment for the development. E. The subject site is physically suitable for the type and intensity of the approved development because it is graded flat, has vehicular access and access to all public services. F. Impacts to views are addressed because the project does not interrupt any views from 1-580 and 1- 680. G. Impacts to existing slopes and topographic features are addressed as the site is graded flat and presently paved in the areas to be developed. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings in the shopping center, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. I. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public that is compatible with other planned landscaping improvements for the shopping center. BE IT FURTHER RESOLVED THAT Tlt-E City Council does find it appropriate to amend the Land Use Plan, Exhibit 9, of the Downtown Core Specific Plan to reflect the new location of the drive aisle accessway for consistency with the project plans, to reflect the new general location of the related potential plaza, and to modify the text of the Specific Plan to accordingly; and, 2 BE IT FURTHER RESOLVED TItAT TH City Council of the City of Dublin does hereby approve the Site Development Review and the amendment of the Downtown Core Specific Plan for PA 01-025, the Target Store expansion and renovation, subject to the following Conditions of Approval: CONDITIONS O1' APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment &use, and shall be subject to Department of Community Development review and approval. The following codes represent those departments/agencies reSPonsible for monitoring compliance of the conditions of approval: [ADM] Administration/City Attorney, [BI Building division of the Community Development Department, [DSR] Dublin San gamon Services District, [F] Alameda County Fire Department/City of Dublin Fire Prevention, [FIN} Finance Department, [PL] Planning division of the Community Development Department, [PO] Police, [PW] Public Works Department. # CoNDmON TEXT RESPON. AGENCY REQ'D CONDmON Prior to: SATIStrIED? · · ' or PL cra~going ~tanaar 1 I Approval. This S~te Development Remew approval iq the expansion and renovation of the Target Store establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform the project elevations/renderings submitted by MBH Architects dated received October 24, 2001 and the colors and materials shown on the plan, and to the Site Plan and Landscaping Plan submitted by SLS Associates, Inc. dated received December 20, 2001, on file in the Planning Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Term. Approval of the Site Development Review shall PL Approval of Standard Improvement be valid for one year from approval by the Planning Commission. If construction has not commenced by that time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) Ti ! Revocation. The SDR will be revocable for cause in PL On-going Municipal accordance with Section 8.96.020.1 of the Dublin Zoning Code Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. 4. Ordinances/General Plan/Policies. The Developer shall PW, PL Issuance of Standard. comply with, meet, and/or perform all requkements of the Building Permits 3 ~ CONDITION TEXT RESPON. W~N HOW IS AGENCY REQ'D CONDITION Prior to: ,, SATISFIED? Subdivision Map Act, City of Dublin Subdivision Ordinance, City of I)ublin Zoning Ordinance, the City of Dublin General Plan, the Downtown Core Specific Plan, City of Dublin Standard Conditions of Approval, Public Works Policies and City grading ordinance unless certain Public Works requirements are modified by the Director of Public Works. 5. Hold Harmless. The Applicant/Developer shall defend, PL, PW Ongoing Standard indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City and its agents, officers, or employees to attack, set aside, or annul an approval of the City of Dublin or its advisory agency, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City of the site development review; provided, however, that the Applicant/Developer's duty to defend, indemnify, and hold harmless under this provision shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's cooperation in the defense of such actions or proceedings. 6. Disabled Access Requirements/Ramps. All ramps and PW Completion of Standard accessible routes shall comply with current State Improvements requirements and City of Dublin Standards for disabled access. 7. Water Efficient Landscape Regulations. DSR, PW Approval of Standard Improvement Applicant/Developer .shall comply with all Plans implementation measures of the "Water Efficient Landscape" Regulations of the Zoning Ordinance. 8. Standard Public Works Conditions of Approval. PW Appro~-al of Standard Applicant/Developer shall comply with all applicable City Improvement Plans through of Dublin Standard Public Works Conditions of Approval completion (Attachment A to this Resolution). In the event of a conflict between the Standard Public Works Conditions of Approval and these Conditions, these conditions shall prevail. ~ CONDITION TEXT RESPON. W~EN ~tOW KS AGENCY REQ'D CONDITION Prior to: SATISFIED ? 9. Fees. Applicant/Developer shall pay all applicable fees in Various Various times, Standard effect at time of building permit issuance. Said fees shall, but no later than Issuance of include, but may not limited to, Planning fees, Building Building Permits fees, Dublin San Kamon Services District fees, Public Facilities fees, Fire Facility Impact fees, Dublin Unified School District School Impact fees, Alameda County Fire Services fees, Traffic Impact fees, Traffic Mitigation Contribution fees, Noise Mitigation fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees, and Park In-Lieu fees. Fees are subject to change without notice. Unissued building permits subsequent to new or revised fees shall be subject to recalculation and assessment of the share of the new or revised fees. i0. Required Permits, Applicant/Developer shall obtain all Various Various 0aues, Standard but no later than necessary permits required by other agencies (i.e., Issuance of Alameda County Flood Control District Zone 7, Building Permits California Department offish and Game, Army Corps of Engineers, State Water Quality Control Board, Etc.), and shall submit copies of said permits to the Public Wqrks Department prior to issuance of Building Permits. '11. Building Codes and Ordinances. All project B Through Standard construction shall cOnform to the building codes and . Completion ordinances in effect at the time of building permit issuance. 12. Non-Buildabie Easement~ Prior to any expansion of the B Issuance of Stand~rd existing building, the applicant is required to address the Building Permits issue of the "non-buildable easement" between the Target building and the adjacent properties to the satisfaction of the Building Department. Easements and/or agreements must be obtained from surrounding property owners if required by the Chief Building Official. 13. Refuse Collection/Trash Enclosure/Compactor. The PL, PW Occupancy of Standard refuse collection service provider shall be consulted to Any Building ensure adequate space is provided to accommodate collection and sorting ofpetrucible solid waste as well as source-separated recyclable materials generated by the business. In addition, an enclosure for the trash compactor and dumpster shall be provided at the rear of the building. Said enclosure(s) shall have a'roofto prevent rainwater from washing contaminants into the storm drain system. If the dumpster or compactor will accept wet trash or discarded food products, the enclosure shall have a floor drain connected to the sanitary sewer system together with a hose bib for periodic wash-down, tf a new sealed trash 5 ~:~ CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIEI~ ? collection/compaction system is proposed that confines the refuse inside the unit without leaking or allowing rainwater infiltration, then the roofed enclosure is not required. 14, Conditions of Approval. In submitting subsequent plans ?W Issuance of Stan~,rd for review and approval, Applicant/Developer shall Building Permits submit six (6) sets of plans to the Public Works Department for plan check. Each set of plans shall have a copy of these Conditions of Approval attached with responses to each condition indicating where on the plans and/or how the condition is satisfied. A copy of the Standard Public Works Conditions of Approval shall also be submitted which has been marked-up to indicate where on the plans and/or how the condition is satisfied. Notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining approvals, of all participating non-City agencies. 151 Clarifications and Changes to Conditions. In the event ?w On-going PW that clarifications and/or changes to these conditions of approval are required, the Director of Public Works shall have the authority to clarify the intent of the conditions without going to a public hearing. The Director of Public Works also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed ~mprovements or mitigations resulting from impacts from this project. 16. Final Geotechnical Report, Applicant/Developer shall ?W Prior to issuance ?W retain a licensed Geotechnical Engineer to prepare a of Grading Geotechnical Investigation for the site. The design of the Permit underground utilities, grading, paving, retaining walls, and foundations shall be based on recommendations outlined in said Report. The Geotechnical Engineer shall certify that the design conforms to the recommendations before the City issues a Grading/Site Development Permit. 17. Disabled Access Ramps. Disabled access ramps shall be PW Completion of Standard provided at all intersection curb returns. All disabled Improvements access ramps shall comply with current California Building Code requirements and City of Dublin Standards. ~ CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? 1 $. Delivery Truck Access. Any changes to the parking and , drive aisle configuration must accommodate the turning radii required for tractor trailer trucks to maneuver through the parking lot and around the building to access the existing loading docks in the back. Larger diameter curb radii along the truck route(s) shall be provided as needed. 19. Storm Drain Improvements. PW Approval of PW Improvement In no event shall storm water (sheet flow or pipe flow) Plans flow across the property lines onto a neighbor's property unless allowed by the property's Conditions, Covenants and Conditions, by a Private Storm Drain Easement, or by a Drainage Release is granted by the neighbor. Any existing storm drain pipes to be abandoned shall have both pipe ends securely closed with a tight-fitting plug or wall of minor concrete in accordance with the State of California Standard Specifications Section 15-2.05A. Any new storm drain facilities shall be designed per City standards. 20. Site Clean-UP. The site shall be cleaned of all dirt, trash, PW Completion of PW leaves, weeds, and other debris. The Applicant shall also Improvements clean all on-site storm drain inlets and pipes to prevent debris from discharging into the public storm drain system. 21. Repair and Resurfacing of Parking Lot. The PW Completion of PW Applicant/Developer shall repair all damaged parking lot Improvements pavement and hardsurfacing to the satisfaction of the Public Works Director. The asphalt concrete surfacing within the parking field must be evaluated, and any distressed areas repaired by patching or resurfacing. Upon completion of all repairs, the parking lot pavement on the project property shown on the project plans shall be sealed using an approved asphalt concrete sealant. 22. Replacement of Damaged Public Improvements. The PW Completion of PW Applicant/Developer shall replace all damaged Improvements improvements along the property frontage, within the public right-of-way, including the curb, gutter, sidewalk, driveway, paving (to street centerline), and utilities as required by the Public Works Director. All work shall be performed in accordance with the City's standards, and may only be performed after the City issues an Encroachment Permit. 23. Water Quality Requirements. All development shall PW Prior to Issuance PW meet the water quality requirements of the City of of the Grading Permit Dublin's NPDES permit and the Alameda County Urban Runoff Clean Water Program. The plans must include a 7 ~. CONDITION TEXT RESPON. WI~EN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? separate Erosion and Sediment Control ptan to be ~m.~lemented during the rainy season (October 1~t to April 15~). Said plan shall con~orm to.~he latest standards of the Regional Water Quality Control Board. The site design shall also include some type of permanent filtration system for all storm drain inlets within the paved areas to prevent hydrocarbons and other petroleum-based contaminants from entering the public storm drain system. Installation details shall be included on the plans. In addition, ail storm water inlets shall be stenciled "No Dumping - Flows to Bay" using a standard stencil available from the Alameda County Urban Runoff Clean Water Program, located at 951 Turner Court, Hayward, California. 24. Rainwater Leaders. Rainwater leaders for the roof PW Approval of PW drains shall be piped directly to the on-site storm drain Improvement Plans system. 25. '~Underground Utilities. All utilities for the expanded PW, PL Approval of PW, PL building (i.e. electrical, telecommunications, cable Improvement Plaus television, gas, etc.) shall be installed underground, unless approval is granted by the Director of Community Development and the Public Works Director. 26. Improvements within Existing Easements. The PW Approval of PW Improvement Developer/Applicant shall investigate any existing Pl~m~s easements that may exist across the site. A Preliminary Title Report shall be submitted to indicate the locations of any recorded easements affecting the property, along with any record information required during plan-check. Before the Public Works Director approves plans for improvements within any existing easements, the Developer/Applicant shall obtain a quit claim or written permission from said easement owner, and shall submit ' said documentation to the Public Works Department. ~ CONDITION TEXT RESPON. Wa~ ~OW AGENCY REQq) CON'BITION Prior to: SATISFIED? 27. Overall Site Parking. Applicant/Developer shall provide ?W Approval of PW parking and all improvements in a manner consistent with Plansimpr°vement the approved project Site Plan, Exhibit A. All parking spaces shall be striped with 4-inch wide stripes and shall be dimensioned per the requirements of the Zoning Ordinance. Handicapped and compact parking spaces shall be appropriately identified on the pavement. The developer shall provide a minimum 1-foot wide step-out curb or equivalent on landscape fingers and islands adjacent to parking stalls. All landscape planters within the parking area shall maintain a twenty (20) foot curb radius for major aisle intersections and ten (10) foot curb radius for minor aisle intersections, unless otherwise allowed by the Public Works Director. CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? Vehicle and Pedestrian Access Improvements from PW Approval o£ PW,PL Amador Plaza Road. The driveway providing access Improvement from Amador Plaza Road to the Target Store shall be Plans and improved and aligned as shown on the approved project During Site Plan, Exhibit A_ The improvements shall include an Construction approximately 9-foot wide pedestrian walkway that is accessible to the disabled through the parking area as shown on Exhibit A, with a minimum of six tree wells with enhanced landscaping. The selected trees shall be mature trees with a minimum size of 25-gallons. Pedestrian crosswalks within the project shall be accentuated with paving or hardscape materials. Said improvements shall be generally consistent with the recommendations contained in the final Downtown Core Specific Plan dated December, 2000, and shall be subject to review and approval of the City's Landscape Architect. The curb radii for all new planter islands shall accommodate the turning movements of standard design vehicles as determined by the City, and shall be completed to the satisfaction of the Director of Public Works. Any new planter pockets, medians islands, and walkways created by the realignment shall be landscaped to the satisfaction of the Public Works Director, the Community Development Director, and The City' s Landscape Architect, and be generally~onsistent with the character of the landscaping installed by the neighboring Home Depot Expo Center. The Applicant/Developer shall notify and gain approval from the neighboring property owners before initiating any changes to the existing parking fields, and shall coordinate all improvements such that convenient and safe access to the existing buildings is maintained during construction of the parking lot improvements. At a minimum, a protected pedestrian walkway shall be maintained between the existing Target building, and the buildings occupied by the Home Depot Expo Design Center, Burlington Coat Factory, and Toys R Us. ... 10 ~ CONDITION TEXT RESPON. WHEN IIOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? 29. Pedestrian Access from Amador Valley Boulevard. PW Approval of PW Improvement The site design shall include a disabled/pedestrian Plans walkway from the building's front or primary entrance to the public sidewalk on Amador Valley Boulevard in conformance with the accessible route requkements of the California Building Code and the approved project Ske Plan in Exhibit A. Said route shall be separate from, and protected from vehicle traffic in the parking lot, and be landscaped with trees and vegetation. In no case shall the walkway be less than 5 feet wide. 30. Speed Table at Entrance. A "speed table" shall be PW Approval of PW constructed across the main drive aisle in front of the Improvement building entrance to discourage speeding and to provide Plans safe pedestrian access to the entrance of the store from the parking lot. 31. Provision of Access to Adjacent Library Property. PW Approval of PW Improvement Property owner shall enter into an agreement with the City Plans of Dublin to provide for a public vehicle accessway between the existing Dublin Library site and the adjacent northeast parking area of the Target Store site. The agreement shall allow the City to reconfigure and/or improve parking stalls and the associated landscaped islands in that portion of the parking area at the City's cost as part of a future conversion of the Library to another civic use. The access right would be granted in the form of an easement with the understanding that no payment for said easement shall be requested by the property owner. The applicant shall improve the pedestrian access between the properties by improving the existing accessway at the southeast comer of the Library site where it bounds on the Target property to create a safe walkway. This accessway may be replaced by the City in the future with a walkway that parallels the new vehicle accessway to the satisfaction of the Public Works Department. 32. Signing and Striping Plan. A signage and striping plan" PW Approval of PW for the parking lot shall be submitted to the Public Works Improvement pl~n,q Department for review and approval. Said plan shall include dimensions of all drive aisles and parking stalls, along with detailed descriptions of ail signs and pavement markings to be installed. All striping shall be accordance with the approved Site Plan at the time of occupancy. 33. Requirements and Fees. Applicant/Developer shall Zone 7, PW Issuance of Standard comply with all Alameda County Flood Control and Building Permits Water Conservation District-Zone 7 Flood Control requirements and applicable fees. 11 ~ CONDITION TEXT RESPON. W~N ]~OW IS AGENCY REQ'D CONDITION Prior to: SATISlr[ED? 34.. Wells. Any water wells, cathodic protection wells or Zone 7, PW Issuance of SUmdard exploratory borings shown on the site plan that are known Grading Permits to exist, are proposed, or are located during field operations without a documented intent of future use filed with Zone 7, are to be closed prior to any demolition or construction activity. Said closures shall be in accordance with a well destruction permit obtained from Zone 7 and the Alameda County Department of Environmental Services. Wells scheduled to remain shall be maintained in accordance with applicable groundwater protection ordinances. 35. Storm drain easement. Any existing Zone 7 storm drain Zone 7, PW Issuance of Standard easements shall be drawn and clearly labeled on a revised Grading Permits Site Plan. This Site Plan shall also label the existing and proposed facilities, proposed landscaping, manholes, and all other relevant items that may fall within/near any easement. 36. General Conditions - a, Complete improvement plans shall be submitted to DsRSD that Issuance of DSRSD conform to the requirements of the DSRSD Code, the DSRSD BuildingPennits 8/15/2001 "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and policies, and all Recycled · Water Design and Construction Standards. b. All mains shall be sized to provide sufficient capacity to Issuance of DSRSD accommodate future flow demands in addition to each Building Permits' 8/15/2001 development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. c. Sewers shall 'be designed to operate by gravity flow to DSRSD's Approval of DSRSD existing sanitary sewer system. Pumping of sewage is Improvement 8/15/2001 plan~q discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design crkeria, and final plans and specifications. The DSRSD reserves the right to require payment of present value 20-year maintenance costs as well as other conditions within a separate agreement with Applicant/Developer for any project that requires a pumping station. d. Domestic and fire protection waterline syst'ems for the ApProval of DSRSD commercial development shall be designed to be looped or Improvement 8/15/2001 Plans interconnected to avoid dead-end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practices. 12 ~ CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to:. SATISFIED? e. DSRSD policy requires public water and sewer lines to' be Approval of DSKSD located in public streets rather than in off-street locations to the Improvement 8/15/2001 Plans fullest extent possible. If unavoidable, public sewer or water easements must be established over the alignment of each public sex~er or water line in an off-sWeet or private street location to provide access for future maintenance and/or replacement: f. The locations and widths of all proposed easement dedications Issuance of DSRSD for water and sewer lines shall be submitted to and approved by Grading Permit 8/15/2001 DSRSD. g. All easement dedications for DSRSD facilities shall be by Approval of DSRSD separate instrument irrevocably offered to DSRSD or by offer of Final Map 8/15/2001 dedication on the Final Map. h. Alt utility connection fees, plan-checking fees, inspection fees, Issuance of DSRSD permk fees, and fees associated with a wastewater discharge Building Penuits 8/15/2001 I permit shall be pMd to DSRSD in accordance with the rates and schedules established in the DSRSD Code. i. All improvement plans for DSRSD facilities shall be signed by Issuance of DSRSD the District Engineer. Each drawing of improvement plans shall Building Permits 8/15/2001 contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, Applicant/Developer shall pay all required DSRSD fees, and provide an engineeFs estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSKSD. Applicant/Developer shall allow at least 15 working days for fmal improvement drawing review by DSRSD before signature by the District Engineer. j. No sewer line or water line construction shall be permitted unless Issuance of DSRSD the proper utility construction permit has been issued by DSRSD. Building Penuits 8/15/2001 and all DSRSD A construction permit will only be issued after all of the DSRSD requirements conditions herein have been satisfied. k. The ApPlicant/Developer shall hold DSRSD, its Board of On-going DSRSD Directors, commissions, employees, and agents of DSKSD 8/15/2001 harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. 1. The project is located within the District Recycled Water Use Completion of DSRSD Zone (Ord. 280), which calls for installation of recycled water Improvements 8/15/2001 irrigation systems to allow for the future use of recycled water for app~:oved landscape irrigation demands. Recycled water will be available in the future. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superseded, is required. All irrigation facilities shall be subject to review for compliance with District and Department of Health Services Requirements for recycled water irrigation design. 13 ~ CONDITION TEXT RESI'ON. AGENCY REQ'D CONDITION Prior to: SATISFIED? 37. Emergency Ac~s and Water Supply. Emergency F Pd~to CFC 1998, S~. ~mb~ble 1001.4 Acc~s ~d water mpply sh~l be install~ p~or to ~o~ or ~mbustible stor~e on site or venial ~nstmaion. A ve~ ~t for ~gh Piled Storage shall be r~uked if ~on combustible storage is above 12 fe~ in height. Access shall be m~t~ed d~ng ~nstmaion. A~ept~ce is based on access plan approv~ by Fire Prevemion ~d field accep~ce by the Dep~ment of~blic Works. Silage is requk~ for Fke Spfi~ ~s~, Fke ~ ~oo~anel. Ele~c Roo~el, R~f A~ss ~d ~y location that may requke a~ess d~ng an emergency. 38. ~ire hyd~ts and f~e flow. Fke by,ams ~d fire ~ow F B~g ~t CFC' 1998, ~a~ be sufficiem to meet ~e ~nimum requiremems for S~. 901.4.3 t~s projea. Fke hydram locations s~l be idemifi~ by refleaive "blue do? ~kers adjacem to the hyatt 6 inches offcemer ~om ~e ~d~e of the s~e~. Boll~ds sh~l be installed to protea hydr~ts wh~e subj ea to vehicle ~age. ~'any hydrams ae to be removed ~th the development, p~ts must be receiv~ from DS~D ~d the Fire Prevention DMsion. 39. Fire appalls roadways. Fke ~p~a~s roadways must F B~g ~t CFC 1998, 1998 Mve a ~imum unob~m~ ~d~ of 20 f~t ~d ~ unobstm~ed venial cle~ce of not less th~ 13 f~t 6 inches. Ro~ways und~ 36 f~t ~de shall be po~ed ~th si~s ~d sh~t have r~ curbs pa~t~ ~th labels on one side; roadways under 28 feet ~de shall be poem with signs and shall have red ~rbs p~med ~th labels on bo~ sides of the stre~ ~ follows: "NO STOPP~G F~ L~ - CVC 225 ~0.1 . The ~e lane s~l be recorded as ~ Em~gency Ve~ A~ess E~ement. 40. Sprin~er system. ~t~atio~ ~ the exi~ing f~re F ~g P~f~t CFC 1998, spri~ ~&or fire ~s must be submi~ed for review 1001.4 and approval to the ~ameda CounW Fire Dep~m~t, City of~blin, Fire Prevention Divisio~ prior to in~llmion. Submi~al ora sep~ate pl~ review fee s~ll be requked. 41. Sprin~er ~stem monitoring. Spd~er systems se~ing F. ~gPct~ ~C 1998, S~ 1~3.3, as more th~ 100 heads sh~l be mo~tor~ by an approved ~tral statioa U.L. li~ed ~d ce~mted for fire ~ mo~tofing. A copy of the U.L. listing must be prodded to ~e ~am~ Co,unW Fire Dep~ment, City of~blia Fke Preve~ion Division, prior to scheduling the fin~ test sy~em. ~e account ~hall be Ce~ificatM .... 42. Fire E~inguishers. ~ovide at l~st one 2A 10BC F B~g~t CFC 1~8, S~ 1~2.1 & ~ Po~le fire ~in~isher for each 3000 squ~e lea of t4 ~ CONDITION TEXT RESPON. WHEN HOW IS AGENCY. REQ'D CONDITION Prior to: SATISFIED ? flo°r area. Travel distance 'to an extinguisher shall not 1006.2.7 exceed 75 feet of travel distance and shall not be between floors. Additionally, one portable fire extinguisher with a minimum classification of 40BC shall be provided in the kitchen area near cookin~ equipment. 43. Automatic Extinguishing System. All commercial-type F Building CFC 1998, Sec cooking equipment must be protected by an approved fire Permit 1001.4 & extinguishing system (hood and duct). Plans for the 1006.2 extinguishing system shall be submitted to the Fire Prevention Division for review and approval prior to installation. Submittal of a separate plan review fee shall be required. 44. Addresses. Approved nUmbers or addresses shall be F Occupancy CFC 1998, Sec placed on all new and existing buildings. The address 901.4.4 shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. If rear doors to tenant spaces are installed, they shall include the numerical address corresponding to the address on the front of the building. 45. Exit Signage. Additional directional exit signs may be F occupa~ CFC 1998, Sec required to clearly :indicate the direction of egress and 1212.2 shall be field verified. 46.' Furniture/Equipment Layout. Submit F Building Permit CFC 1998, Sec furniture/equipment layout showing adequate aisles to 1204.2.1 exit. 47. Knox Box. A Knox Box key lock system is required .for F Occupancy CFC 1998, Sec the building. 10.203 48. Non-residential S,~urity. The project shall comply with PL, B, P Occupancy Standard all City of Dublin Non-Residential Security Requirements. 49. Security view points. All man doors shall be provided PL, P Occupancy Standard with security view ports to prevent unauthorized' entry. 50. Final Lighting Plan. T~e applicant shall submit a PL, ]3, P Occupancy Standard Final Lighting Plan for approval by the Dublin Police and the Director of Public Works. Exterior lighting shall be provided within the parking lot, around the entire perimeter of the building, and over exterior doors, and shall be of a desigrt and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs (One foot candle). Wall lighting arom~d the perimeters of the building should be supplied to provide "wash" security 1.!ghting as .. 15 CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQq) CONDITION Prior to: SATISFIED? appropriate. The site plan shall be amended to show alt existing and proposed light fixtures. The fixture locations shall be superimposed on the landscaping plan to establish whether conflicts between trees and lights will exist. Exterior landscaping. Exterior landscaping shall be kept PL, P Ongoing Standard at a minimal height and fullness giving patrol officers and surveillance capabilities of the area. Theft prevention and security program. The applicant PL, P Ongoing Standard shall work with the Dublin Police on an ongoing basis to establish an effective thef~ prevention and security £or the business. Graffiti. The Developer shall keep the site clear of PL, P Ongoing Standard graffiti vandalism on a regular and continuous basis at ali times. Graffiti-resistant materials and foliage should be used. Contaminated soil[ warning: Prior to issuance of a PL, PW Prior to Grading Standard grading permit for ~the project the applicant shall notify Permit contractors constructing the proposed addition in the Garden Center area to be alert to the potential of encountering contaminated, soil during grading operations and to notify Alameda County Department of Environmental Health )ect material is found. Archaeology - Should any prehistoric or historic artifacts PL, PW, B Final Inspection Standard be exposed during excavation and construction operations, of Carading the Department of Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. Architectural Design. The structure shall comply with PL Occupancy Standard the architectural drawings submitted by MBH Architects dated received October 24, 2001, and shall generally conform to the colors and materials shown on the colored elevation dated received October 24, 2001, on file in the 16 # CONDITION TEXT RESPON. WlaI~N ltOW IS AGENCY REQ'D CONDITION Prior to: SATISI*IED? 57. Proposed Signage.. All signage for the modified building Pt. Occupancy Standard and site, including any proposed monument signs, shall be subject to the requirements of the Sign Regulations, Chapter 8.84 of the Zoning Ordinance. 58. Final Landscaping and Irrigation Plan. PL, PW Issuance of COA Applicam/Developer shall submit a Final Landscaping Building Permits and Irrigation Plan, conforming to the requirements of Section 8.72.030 of the Zoning Ordinance (unless otherwise modified by Conditions of this Kesolution), stamped and approved by the Director of Public Works and the Director of Community Development. That plan should generally conform to the Preliminary Landscape Plans dated received November -, 2001. 59. Final Landscape Plan Review. The plant palette PL Issuance of COA varieties shall be shall be subject to review and approval Building Permits of the Director of Community Development and reviewed by the City's Landscape Architect to determine compatibility with :reclaimed water use, where appropriate. An irrigation plan shall be submitted with Final Landscape Plans indicating that the system is designed for reclaimed water, where required by DSRSD. 60. Conflicts with Proposed Landscape Features. The final PL, PW Approval of Imp. Standard landscape and irrigation plans shall show locations of all plsn~q/Issuance of Building pedestrian lighting, utilities, drainage ditches, and Permils underdrains at bottom of slopes. Plans shall address tree planting within public service easements to avoid conflicts with utilities and streetligvhts ....... 61. Standard Plant M[aterial, Irrigation and Maintenance PL, PW Issuance of Standard Agreement. The Applicant/Developer shall complete and Building Permits submit to the DublJ[n Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 62. Backflow Devises.. Backflow devises shall be hidden PL Issuance of Standard from view by means of fencing, enclosures, landscaping Grading Pexmits and/or berms. 63. Water Efficient Landscape Regulations. PL, PW, Approval of Standard Applicant/Developer shall ensure that the Final DSR Final l_amdscape Plans Landscaping and l~.Tigation Plan conforms to the City's Water Efficient Landscape Regulations, including dual piping to facilitate future recycled water. 64, Lighting. Lighting in landscaped and hardscaped areas PL, PW Approval of Imp. Standard throughout the site shall be subject to the review and Plans/Issuance of Building approval of City's Landscape Architect, Planning, and Permits Public Works Departments, in consideration of [ES 17 CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? standards for lighting in public/community areas. A photometric plot shall be prepared to show the lighting intensity at all exterior areas of the site. Additional lighting shall be installed if the light levels at the ground surface fail to meet the standards set forth in the City's Security Ordinance.. Fire-Resistant and/or Drought Tolerant Plant PW Approval of Imp. Standard Varieties. Final landscaping and irrigation plans shall P!~n~ Issuance of Building include fire-resistant and/or drought tolerant plant Pemdts varieties in the plant palette. Bie~de Parking. The Applicant/Developer shall install PL, PW Completion of Standard one bike rack designed to hold up to six bicycles. The Improvements location of the bike rack shall not encroach into any walkway area in a xnanner that would reduce the useable width of the walkway to less than 4'. The rack shall be located in a place with good visibility from both inside and outside of the building, and in an area which will be to discourage theit. All landscaping including all trees, shrubs PL Occupancy Standard and planting for the arbors and hardscape shall be installed prior to the occupancy or use of the expanded portion of the building. All improvements shall be to the satisfaction of the Director ofl~blic Works. Slopes in Landscaping Areas. The slope within landscaping areas shall not exceed 4 horizontal to 1 vertical (4:1). Landscaping at Aisle Intersections. Landscaping at PL, PW Completion of Standard aisle intersections and at the driveway entrances shall be Impro~ such that vehicle sight distance as defined by the City of Dublin standards is not obstructed. Except for canopy trees, landscaping shall not grow to a height in excess of 30 inches above the curb in these areas. Health, Design and Safety Standards. Prior to final PL, PW Occupancy Standard approval allowing occupancy of the building, the physical condition of the site shall meet minimum health, design, and safety standards including, but not limited to the The drive aisles and parking stalls shall be complete PW Occupancy Standard and free of building materials, dirt, and/or debris to allow for safe traffic movements. All traffic striping and control signing in the Pw Occupancy Standatcl parking lot shall be repainted or installed to the satisfaction of the Public Works Director. All new and existing parking lot lights shall be PW Occupancy Standard functional. Any required repairs to the street, curb, gutter, PW Standard 18 ~ CONDITION TEXT RESPON. WHEN HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? and/or sidewalk that may create a hazard shall be completed to the satisfaction of the Public Works Director. e. All sewer cleanrouts, water meter boxes, and other PW Occupancy of Smndant utility boxes shall be set to grade, and appropriate Unit covers shall be installed. f. The building shall have Building Department final PW, B Occupancy of Standard approval for occupancy. .. Unit 7 I. Parkland Dedication - The developer shall be required to PL Building Permit Standard pay a Public Facilities Fee in the mounts and at the times set forth in City of Dublin Resolution No. 32-96, adopted by the City Council on March 26, 1996, or in the mounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. This fee shall apply to the proposed expanded enclosed area. 72. Compliance With Requirements. Applicant/Developer F, PW, PO, Approval of Standard Zone 7, Ink~ovement shall comply with all applicable requirements of the DSR, PL Plans Alameda County Fire Department, Public Works Department, Dublin Police Service, Alameda County Flood Control District Zone 7, and Dublin San 1Lamon Services District. 731 Building Permits. To apply for bUilding permits, B Issuance of Standard : Applicant/Developer shall submit thirteen (13) sets of Bnilding Permits construction plans to the Building Department for plan check. Each set of'plans shall have attached a copy of these Conditions of Approval with the "How is Condition Satisfied?" column, filled out. The notaions shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies.prior to issuance ofbuildin~ permits, ...... 74. Containment of Trash & Debris. Measures shall b~ Pw During PW taken to contain all construction-related trash, debris, and Conmucfion materials on-site until proper disposal can be arranged. The ApplicanffDeveloper shall keep the adjoining public streets and sidewalk area clean and free of dirt, debris, and materials at all times during the construction period. Alt costs associated with the City' s efforts to mitigate a hazard as a result of theakpplicant's/Developer's failure to comply shall be borne by the Applicant/Developer. 75. Temporary Construction Fencing. The use of PW, B During PW Construction temporary construction fencing shall be installed to safeguard the publiic during construction of the new building and site irnprovements. Said fencing shall be 19 ~ CONDITION TEXT RESPON. W u,~N HOW IS AGENCY REQ'D CONDITION Prior to: SATISFIED? subject to the review and approval of the Public Works Director and the Building Official. ')6. Aboveground Utility Screening. All aboveground PL, PW ' Approval of Standard utilities that cannot be placed underground (i.e. backflow Improvement Plans prevention devices, ,electrical transformers) shall be screened using landscaping or an architectural feature acceptable to the D~rector of Community Development and Public Works Director. 77. Best Management Practices. Developer/Applicant shall PW On-going PW demonstrate to the Director of Public Works that the project develoPment meets the requiremems of the City of Dublin's "Best Management Practice to mitigate storm water pollution ........... ~ ........ ~ 78. Energy Conservation. Building plans shall demonstrate PL, PW Issuance of Standard the incorporation of energy conservation measures into the Building Permits design, construction, and operation of the proposed development. PASSED, APPROVED 2MND ADOPTED this 15th day of January, 2002. AYES: Councilmembers McCormick, Oravetz and Zika and Mayor Lockhart NOES: None ABSENT: None }Vl~ayor ATTEST: f-t) ,,w 2 ~ ~.__C~y Clerk x,~ K:/G/1.15.02/reso-tar~t.doc (Item 6.1) G:~PA~pa 01-025\CCSDR-S?A~SO-doc 20