HomeMy WebLinkAboutItem 8.5 Accpt Grant Deed FS18 CITY CLERK
File # 670-90 and 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 15, 2003
SUBJECT: Acceptance of Grant Deed for Land and Improvements for
Fire Station 18 from DR Acquisitions, LLC
Report prepared by: Herma Lichtenstein,
Parks & Facilities Development Manager
ATTACHMENTS: 1) Resolution accepting Grant Deed and Improvements
J 2) Improvement Agreement
RECOMMENDATION:/': Adopt Resolution
FINANCIAL STATEMENT: A maintenance bond in the amount of $1,250,000 to guarantee
against defects will be provided to the City at a future date. The City currently has a $5,000,000 Letter of
Credit to be relinquished when the maintenance bond is received. The City will incur facility maintenance
costs and sufficient funds are available in the Fiscal-Year 2003-04 budget to assume the maintenance of
these improvements.
DESCRIPTION: On October 16, 2001, the City Council entered into an Improvement Agreement
between the City and DR Acquisitions, LLC (developer) to dedicate land for and construct the new Dublin
Fire Station 18 facility (Attachment 2). The final dedication of the land to the City together with
improvements was originally required by Condition of Approval 106 and 108 of Planning Commission
Resolution No. 00-36 adopted on 7/25/00. The improvements were outlined in the October 2001
Improvement Agreement between the City and DR Acquisitions, LLC (developer) to construct the Fire
Station 18 facility adjacent to the future community park site.
GRANT DEED OF LAND
The Developer has executed a Grant Deed for the land shown as Exhibit A to the Resolution. Staff has
researched the Grant Deed and finds it to be free of liens and encumbrances. Staff is requesting that
Council authorize the City Manager to execute the Certificate of Acceptance associated with the Grant
Deed and accept the land from the Developer.
The Improvement Agreement also requires the City to provide fee credits to the developer for dedication
of the land in an amount equal to the land value used by the City in calculating the current Fire Facilities
Impact Fee. At this time Staff believes the Developer may request an amendment to the Improvement
Agreement to increase the land value in the current Fire Impact Fee.
COPIES TO:. i~
ITEM NO. __
C:\Documents and Settings\kay, Local Settings\Temporary Internet Fites\OLK93\7-15 FS 18 accept.doc
IMPROVEMENTS
The Developer has constructed the facilities to the satisfaction of City Staff with the exception of several
small items that requires remediation to meet the design intent for the facility. These items include -
touch-up painting, replacing several ceiling can lights and completing the flagpole installation. Staff is
requesting that Council authorize the City Manager to accept all final improvements and allow for
completion of the remaining items to fall under warranty work. This will allow the facility to be opened
and operational to meet the fire response time requirements for the new Eastern Dublin Developments.
The City presently holds a Letter of Credit in the amount of $5,000,000 to provide the necessary security
for the performance of the work involved. As the work is now completed, the performance security
requirement can be reduced, in accordance with authority contained in Section 66499.7 of the Govermnent
Code, to an amount necessary to guarantee warranty of the work for a one-year period following
acceptance of the work. The Developer may provide a new maintenance bond in the amount of
$1,250,000 which is 25% of the original bond, and is sufficient to cover the one-year guarantee period, or
may leave the Letter of Credit in place.
Per the Improvement Agreement the credit for the construction of the improvements is to be evaluated at
the completion of the project. The basis of the final project costs is the difference between the original bid
amount and any City approved change orders to the project. Staff is currently negotiating the final project
costs with the developer.
Recommendation:
It is the recommendation of Staff that the City Council adopt the Resolution authorizing:
1) the City Manager to accept the final facility improvements pending completion of the remaining
minor remediation.
2) the City Manager to execute the Certificate of Acceptance associated with the Grant Deed for the
land.
3) Staff to accept a maintenance bond in the amount of $1,250,000 at a fi~ture date.
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTANCE OF DEED OF LAND AND IMPROVEMENTS,
DUBLIN FIRE STATION #18
WHEREAS, On October 16, 2001, the City Council entered into an Improvement Agreement
with, DR Acquisitions, LLC (Developer) to complete the improvements for the Dublin Fire Station 18 in
accordance with plans and specifications on file with the City Engineer;
WHEREAS, said agreement requires Developer to dedicate land and construct improvements for
Dublin Fire Station 18 in exchange for fee credits against future Fire Facilities Impact Fees, with said fee
credit to be determined upon acceptance of the land and facility; and
WHEREAS, said improvements have been nearly completed in accordance with said plans and
specifications, and any approved modifications thereof, to the satisfaction of the City Engineer and Head
Building Official of the City of Dublin; and
WHEREAS, as a condition of said contract, Developer is required to guarantee the improvements
for a period of one year following acceptance of the work by the said City of Dublin; and
WHEREAS, the improvements are now nearly complete, and upon completion the original
performance bond security (Letter of Credit) requirement can be reduced, in accordance with the authority
contained in Section 66499.7 of the Government Code of the State of California, to an amount found
necessary to guarantee maintenance of the completed work for the aforesaid one-year period.
NOW, THEREFORE, BE IT RESOLVED the improvements are completed per plans and
specifications except for minor punch list items, and the City Manager has the authority to approve and
accept the improvements upon completion of the remaining punch list items subject to the aforesaid one-
year guarantee; and
The City Manager is hereby authorized to execute the Certificate of Acceptance associated with
the Grant Deed (Exhibit A.1) for the land on behalf of the City Council; and
Upon approval and acceptance by the City Manager, the aforesaid original security requirement
(Letter of Credit) may be reduced from the amount of $5,000,000 to an amount of $1,250,000, upon
acceptance by Staff of a replacement maintenance bond for $1,250,000 as security for the aforesaid one-year
maintenance period; and
Upon approval and acceptance by the City Manager, the original performance bond (Letter of
Credit) in the amount of $5,000,000 posted in connection with the work involved in the construction of said
project may be hereby released upon acceptance of said maintenance bond.
PASSED, APPROVED AND ADOPTED, this 15th day of July 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk K2/G/7-15-03/reso-deed-fs18.doc (Item 8.5)
ATTACHMENT 1
EXHIBIT A.1
O_~¢RDING REQUESTED BY ~ .... ?,.. ~;~
Fit~ America~ Title Guaranty Company '~"
Order No. 597281A
Escrow No.
WHEN RECORDED MAIL TO:
City of Dublin
Public Works Department
100 Civic Plaza
Dublin, CA 94568
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $ N/A
DOCUMENTARY TRANSFER TAX $
SAME AS ABOVE SURVEY MONUMENT FEE $.
Computed on the consideration or value of property conveyed; OR
Computed on the consideration or value less liens 0r encumbrances
remaining at time of sale.
GRANT DEED
FOR A VALUABLE CONStDERATION receipt of which is hereby acknowledged,
Chang Su-O Lin, a married woman, Hong Yao Lin, a single man and Hong Lien Lin a single man
hereby GRANT(S) to
The City of Dublin, a municipal corporation
the real property in the City of Dublin
County of Alameda , State of Califomia, described as
FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dated
~ ~ /~¢'.~/¢'¢,~4,( ~-~, ~, r ~ '~'7~ /~")
Cha~-('~'i~
STATE
OF
CALIFORNIA
before me, .~ , ,~"H~'ng-Y Lin
personally known to me (o.~Sved to me on the basis of satisfactory
evidence) to be~-the p~n(s) whose name(s) is/are subscn'bed to
the within instru~edged to me that he/she/they
executed the s.,~' in h[s/her~aheir authorized capadty(ies), and that
by his/he.,~ir signa~nstrument the person(s) or the
enti~on behalf of which the Person(s) acted, executed the
~IINE$S my hand and offidal seal.
(This area for official noiadat seal)
?'"ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF /~D4~/r~Z'z>~ }SS.
}
ON ~/7~: ~,~"~'* ~-2 , 2003 BEFORE ME, 2)_r~2~0 Z- ~s~o~ ,
PERSONALLY APPEARED CHUG SU-O LIN ~ ~D HONG YAO LIN
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EV~ENCE) TO
BE THE PERSONS WHOSE NAMES A~ SUBSC~BED TO THE WITH~ ~STRUMENT AND
ACKNOWLEDGED TO ME T~T THEY EXECUTED THE SAME IN THEIR AUTHO~ZED CAPACITIES,
AND THAT BY tHEIR SIGNA~ES ON THE ~STRUMENT THE PERSONS OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE ~STR~ENT.
WITNESS MY ~D ~~CIAL S~AL.
S IGNATU~ ~~ '~ ~
~ ~~ Commission · ~ 3~47
NAME (P~NTED)
SPECIAL NOTARY{
MY COMMISSION EXPI~S
(This ar~a for official notaria seal)
ACKNOWLEDGMENT:
TAIWAN } .~ ,-,
CITY OF TAIPEI } City o{ Ta/~ei ~
SS. AmeriCau .Institute ~n~ ~ ~
AMERICAN INSTITUTE IN }
TAIWAN, TAIPEI OFFICE
Karen N. Covert
ON July 02, 2003 , 2003, BEFOREME Special Notary (PL9fi-8)
PERSONALLY APPEA~D HONG LIEN LIN FEKSGNALLS~JGWN TG ME (OR PROVED TO ME ON
THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSC~ED TO
THE WITHIN ~STRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME ~ HIS
~uruomz~o CAP~CITY, ~ THAT BY HIS SlGNAT~ ON THE ~STRUMENT THE PERSON, OR
ENTITY UPON BEH~F__ OF WHICH T~ PERSON A~EXECUTED THE ~STR~ENT.
SIGNATURE~n N. Cow~ ~
S.peci~l Notary (PL95-8)
NAME (P~TED)
SPECIAL NOT~Y ( 96-8 )
JAN 0 7
(This area for official notarial seal l
CERTIFICATE OF ACCEPTANCE:
This is to certify that the interest in real/property conveyed by this Deed or Grant ,date~ 2002,
from Chang Su-O Lin, Hong Yao Lin/and Hong Lien Lin, for a Grant Deed for a fee conveyance for
a Fire Station Site (a portion of APN_/985-0008-030-03) to the City of Dublin, a governmental agency,
is hereby accepted by.Le~e TkcmFsc~, C:~' Engineer, on behalf of the Dublin City Council pursuant to
authority conferred by Resolutio~r{ No. 24-87 of the Dublin City Council, adopted on April 13, 1987,
and the grantee consents to recordation thereof by its duly authorized officer.
DATED: ,2002
By:
City of Dublin
100 Civic Center
Dublin, California 94568
P: ~legals\16034-20\cert-accept- Fire-Sta.doc
RESOLUTION NO. 24 - 87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RELATED TO TSLE DESIGNATION OF OFFICERS AUTHORIZED
TO ACCEPT AND DIRECT RECORDATION OF DEEDS
WHEREAS, the City Council is desirous of developing an
efficient mechanism for the acceptance of deeds; and
WHEREAS, Section 27281 of the California Government Code
(CGC) requires that deeds or grants conveying any interest in or
easement upon real estate to a governmental agency for public
purposes must meet specific requirements; and
WHEREAS, the requirements include evidence of a
certificate or resolution of acceptance attached to the deed or
grant prior to recordation; and
WHEREAS, Section 27281 provides that a governmental
agency may authorize one or more officers by general resolution to
accept and consent to such deeds or grants.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Dublin, pursuant to Section 27281 (CGC), does hereby
authorize the City Manager and/or the City Engineer to accept and
consent to such deeds or grants, conveying any interest in or
easement upon real estate, on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 13th day of April,
1987.
AYES: Councilmembers Hegarty, Moffatt, Snyder,
Vonheeder and Mayor Jeffery
NOES; None
ABSENT: None
· j May.~r/ / ~)
City C1
EXHIBIT "A" 19155-4
PAGE 1 OF 2 05/09/2002
'J'- DMI.
DESCRIPTION
FEE CONVEYANCE TO CITY OF DUBLIN
BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS: 'RESULTANT REMAINDER
No. 4" OF "LOT LINE ADJUSTMENT No. 'L-99-19"' AS RECORDED ON THE 10TM DAY OF APRIL, 2000 IN
SERIES No. 2000106747, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA, FOR PURPOSES OF
A FEE CONVEYANCE TO THE CITY OF DUBLIN (FOR FIRE STATION PURPOSES), LYING AND BEING IN THE
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST 'SOUTHWESTERLY TERMINUS OF THE NORTHWESTERLY PROPERTY
LINE OF "PARCEL 'C'" COMMON TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF "BENT TREE
DRIVE" AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7142" AS FILED ON THE 21sT
DAY OF AUGUST, 2001 IN BOOK 261 OF MAPS AT PAGES 5 TO 10, OFFICIAL RECORDS OF ALAMEDA
COUNTY, CALIFORNIA [SAID NORTHWESTERLY PROPERTY LINE MEASURED WITH "NORTH 29058'42" EAST
306.23 FEET"]; THENCE DEPARTING FROM SAID TERMINUS POINT TRAVERSING THROUGH "FALLON
ROAD" AS SHOWN UPON SAID MAP AND ENTERING SAID "RESULTANT REMAINDER No. 4' PARCEL
SOUTH 28°15'00" WEST 168.90 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF
"FALLON ROAD" AS DESCRIBED IN THE DEED AS RECORDED ON THE 31sT DAY OF AUGUST, 2001 IN
SERIES No. 2001328859, AND RE-RECORDED ON THE 1sT DAY OF OCTOBER, 2001 IN SERIES No.
2001373800, ALAMEDA COUNTY RECORDS, CALIFORNIA; THENCE ALONG SAID RIGHT-OF-WAY LINE
SOUTH 61045'00'' EAST 13.47 FEET TO THE POINT OF BEGINNING.; THENCE DEPARTING FROM SAID
RIGHT-OF~WAY LINE AND CONTINUING TRAVERSING THROUGH SAID 'RESULTANT REMAINDER No. 4'
PARCEL THE FOLLOWING THREE (3) COURSES: (1) PERPENDICULARLY IN A SOUTHWESTERLY
DIRECTION SOUTH 28015'00'' WEST 210.00 FEET; THENCE (2) PERPENDICULARLY IN A
NORTHWESTERLY DIRECTION NORTH 61045'00" WEST 165.00 FEET; THENCE (3) PERPENDICULARLY
IN A NORTHEASTERLY DIRECTION NORTH 28015'00'' EAST 210.00 FEET TO A POINT ON THE
AFORESAID SOUTHWESTERLY RIGHT-OF-WAY LINE; THENCE SOUTH 61045'00'' EAST 165.00 FEET TO
SAID POINT OF BEGINNING.
CONTAINING 34 650 SQUARE FEET, 0.796 ACRES, MORE OR LESS.
A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0008-030.
END OF DESCRIPTION
PROFESSIONA[~t,~AND SURVEYOR NO.- 5412
(EXP. 09/30/2,,Od~
STATE OF~;t'A%RNIA
mACKAY& SOmPS
CML ENGINI:I:RINC-0 LAND PLANNINC-e LAND SURVEYING
5142 Franldin Drive Suite B, Pleasanton. CA. 94588-3355
(925) 225-0690
P:Megals~ 16034 -80\l'ire-st a-REVIS E D. doc
:Z. . -' PAgF, £ 02' 2 m,- -.
,n:~ ,-.9'
i r-~--~~,/%-~ ..............~ i
i i ,' ~ .... < .............. : ..................
i
x~ FALLON ROAD
! / '~~.'~':~:~,' PER TRACT 7135
~ ~'~f?-~"~, ','~:,' 259 M. 57-63
'
PER SERIES No. 2001328859
& SERIES No. 2001575800
N61"45'~W 1141.14' 47'
P.O.B.
PORTION TO
BE CONVEYED
RESULTANT ,, ,o
RdvlAIND~.R
LOT LINE ADJUSTIvlENT
No. ' L-99-19' o
S_RIr..S No. ~00010~5747
Z
LEGEND
P.O.B. = POINT OF BEC, INNING O' 25' 50' 1 00'
P.O.C. = POINT OF COMI,,IENCD~IENT
PARCEL = 34,650 SF, 0.796 AC.
PLATTO ACCOMPANY i
DESCRIPTION
FOR PURPOSES OF FIRE: STATION PAROEL PLF_AS~NTON. ex. 94s~8 ' (92s)22s-0690
CITY OF DUBLIN, STATE OF CALIFORNIA DATE ,5-9-2002 I,~OB NO. '191'5,5-4
.s-~,-~ ,~,~ ~,,',~3,~-eo,,,.~,~-',t~-,~-~,~.~,~ DP, AWN BY: F'CI-DMI I DWG.: FIRE-STATION ,,
IMPROVEMENT AGREEMENT FOR
FIRE STATION 18 BETWEEN CITY OF DUBLIN AND DR ACQUISITIONS, LLC
This Improvem~e4~- Agree_ment for Fire Station 18 is made and entered in the City of
Dublin on thisI.~_~ay of ¢,,J¢_.,'~'., 2000, by and between the City of Dublin, a municipal
corporation (hereinafter "City"), and DR Acquisitions, LLC, (hereinafter "Developer").
RECITALS
A. Developer, the subdivider of Tract No. 7135, desires to construct and
dedicate Fire Station 18 (hereafter "Fire Station 18") and dedicate the land required by
Condition 106 of City of Dublin Planning Commission Resolution No. 00-36, adopted on
July 25, 2000 in accordance with .the requirements and conditions set forth in said
condition, the requirements of the Subdivision Map Act of the State of California, the
Subdivision Ordinance of the City, and those certain plans and specifications for said
development to be approved by City prior to issuance of a building permit for Fire
Station 18.
B. Developer intends to satisfactOrily complete Fire Station 18 within the time
hereinafter specified, and City intends to accept Developer's offer(s) of dedication of
land and Fire Station 18 in consideration for Developer's satisfactory performance of the
terms and conditions of this Agreement.
C. City will prepare plans and specifications ("Construction Documents") for
Fire Station 18, and Developer will construct Fire Station 18 pursuant to said plans and
specifications. City will make every effort to finalize the plans and specifications no later
than ten (10) months after the contract between the City and BSA Architects is fully
executed.
D. Developer is required by Condition 106 to dedicate to City the land
required for Fire Station 18.
E. This Improvement Agreement is intended to implement and satisfy
Conditions 106 and 108 of said Resolution 00-36, including securing Developer's
obligations pursuant to Copdition 106 to construct Fire Station 18, dedicate the land for
Fire Station 18 and advance monies to City for purchase of apparatus and equipment
for Fire Station 18; and providing credit to Developer for construction of the station,
dedication of the land and payment of monies for the apparatus and equipment as
provided in Condition 108.
F. It is further intended and agreed that:
(i) Developer will be included in the Site Assessment phase (Phase I)
and Conceptual Alternatives phase (Phase II)of the City's Contract for
architectural services for Fire Station #18, to allow Developer to have input
into the elevations for Station #18 and the schedule of the Architect
Improvement Agreement- Fire Station 18 Page 1 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
ATTACHNIENT~
retained by the City to design Fire Station #18, and the project cost
estimate for Fire Station #18. In no event, however, shall the Architect
' delay any aspect of its work to accommodate any scheduling conflicts
Developer may incur, and all final decisions shall be made by City.
(ii) Developer will be given an opportunity to review and comment as
well on all Schematic Design Documents.
(iii) If the City's retained Architect is requested to make every effort to
render its services for Fire Station #18 prior to rendering the same or
comparable services for Fire Station #17, ali costs associated with that
effort shall be the responsibility of Developer, and not of City.
NOW THEREFORE, the City and Developer hereby agree as follows:
1. Dedication of Land.
Developer will dedicate Such land as is required for Fire Station 18. The land
shall be in the general location approved by the City Council on June 5, 2001 and the
final legal description shall be approved by the City Manager. Developer will provide
the following assurances to City in a form acceptable to City by January 15, 2002: (a) a
preliminary title report showing the land to be dedicated, is free of all liens and
encumbrances (except for the lien for taxes for the current year); (b) a structural soils
report showing the land is physically suitable for construction of Fire Station 18; (c)a
Phase I report showing the land is free from hazardous and/or toxic materials which
would render it unsuitable for the intended use; and (d) written confirmation that the land
to be dedicated is not subject to the jurisdiction of the Army Corps of Engineers which
would preclude construction of Fire Station 18 or use of the land for a fire station. The
City Manager may waive any of the foregoing assurances, in his sole discretion. Upon
receipt of the foregoing assurances, City will provide Developer with the plans and
specifications for Fire Station 18.
2. Construction/Completion Time.
Developer will commence construction of Fire Station 18 within sixty (60) days
following the date on which City finalizes plans and specifications and provides same to
Developer. Developer shall complete said work not later than eighteen (18) months
following said date. Time is of the essence in this Agreement. Upon completion,
Developer shall furnish City with a complete and reproducible set of final as-built plans
of Fire Station 18, including any authorized modifications, and all items listed in the
plans and specifications to be turned over to City.
3. Estimated Cost of Improvements.
The estimated cost of construCting Fire Station 18, for purposes of the security to
be provided pursuant to Section 4, shall be determined by Developer subiect to
Improvement Agreement - Fire Station 18 Page 2 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
approval of the City Manager, at the time City provides plans and sPecifications to
Developer. Said amount Shall include costs and reasonable expenses and fees which
may be incurred in enforcing the obligation secured. Said amount may be adjusted
prior to issuance of a building permit to reflect the bid amount.'
4. Bonds Furnished.
Prior to City's issuance of a building permit for construction of Fire Station 18,
Developer shall furnish City with the following security in'a form satisfactory to the City
Attorney. In the event that the plans and specifications require security in a form
different from the following, the provisions of this Agreement shall prevail.
A. Faithful Performance. Either a cash deposit, a corporate surety bond
issued by a company duly and legally licensed to condUct a general surety business in
the State of California, or an. instrument of credit equivalent to one hundred twenty-five
per cent (125%) of the estimate set forth in Paragraph 3 and sufficient to assure City
that Fire Station 18 will be satisfactorily completed. Developer may provide an
irrevocable letter of credit with no expiration date, callable at sight by a representative of
the City and in a form satisfactory to the City Attorney as a substitute for the faithful
performance bond.
B. Labor and Materials. Either a cash deposit, a corporate surety bond
issued by a company duly and legally licensed to conduct a general surety business in
the State of California, or an instrument of credit equivalent to one-hundred twenty-five
per cent (125%) of the estimate set forth in Paragraph 3 and sufficient to assure City
that Developer's contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefor.
City shall be the sole indemnitee named on any instrument required by.this
Agreement. Any instrument or deposit required herein shall conform with the provisions
of Chapter 5 of the Subdivision Map Act.
5. Insurance Required.
Concurrently with the provision of security to City pursuant to Section 4,
Developer shall obtain or cause to be obtained and filed with the City, all insurance
required under this paragraph, and such insurance shall have been approved by the
City Manager, or his designee, as to form, amount and carrier. In the event that the
plans and specifications require insurance in a form different from the following, the
provisions of this Agreement shall prevail.
Prior to the commencement of work under this Agreement, Developer's general
contractor shall obtain or cause to be obtained and filed with the City's Risk Manager,
all insurance required under this paragraph, and such insurance shall have been
approved by the City's Risk Manager, as to form, amount and carrier. Developer shall
not allow any contractor or subcontractor to commence work on this contract or
Improvement Agreement- Fire Station 18 Page 3 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
subcontract until all insurance required for Developer and Developer"s general
contractor shall have been so obtained and approved. Said insurance shall be
maintained in full force and effect until the completion of work under this Agreement and
the final acceptance thereof by City. Ail requirements herein provided shall appear
either in the body of the insurance policies or as endorsements and shall specifically
bind the insurance carrier.
A. Minimum Scope of Insurance, Coverage shall be at least as broad
as:
(i) · Insurance Services Office form number GL 0002 (Ed. 1/73)
covering comprehenSive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services
Office Commercial General Liability coverage ("occurrence"
form CG 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78)
covering Automobile Liability, code I "any auto" and
endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor
Code of the State of California and Employers Liability
Insurance.
B. Minimum Limits of Insurance. Developer shall maintain limits no
less than: ~
(i) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage. If commercial General Liability Insurance or other
form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice
the required occurrence limit.
(ii) Automobile Lia.bility: $1,000,000 combined single limit per
accident for bodily injury and property damage.
(iii) Workers' Compensation Jand Employers Liability: Workers'
compensation limits as required by the Labor Code of the
State of California and Employers Liability limits of
$1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. At the option of the
Improvement Agreement - Fire Station 18 Page 4 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials and employees; or the Developer
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
· D. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
(i) General Liability and Automobile Liability Covera.qes.
(a) The City, its officers, agents, officials, employees and
volunteers shall be named' as additional' insureds as
respects: liability arising out of activities performed by
or on .behalf of the Developer; products and
completed operations of the Developer; premises
owned, occupied or used by the Developer; or
automobiles owned, leased, hired or borrowed by the
Developer. The coverage shall contain no special
limitations on the scope of the protection afforded to
the City, its officers, officials, employees or
volunteers.
(b) The Developer's insurance coverage shall be primary
insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials,
employees or volunteers shall be excess of the
Developer's insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the City,
its officers, officials, employees or volunteers.
(d) The Developer's insurance shall apply separately to
each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer's liability.
(ii) Workers' Compensation and Employers Liability Coveraqe.
The insurer shall agree to waive all rights of subrogation
against the City, its officers, officials, employees and
volunteers for losses arising from work performed by the
Developer for the City.
(iii)All Coveraqes.
Each insurance policy required by this clause shall be
Improvement Agreement - Fire Station 18 Page 5 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
endorsed to state that coverage shall not be suspended,
· voided, cancelled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the
City.
(a) Acceptability of Insurers. Insurance is to be placed
with insurers with a Bests' rating of no less than A:VII.
(b) Verification of Covera.qe. Developer shall furnish City
With certificates of insurance and'with original
endorsements effecting coverage required by this
clause. The certificates and endorsements for each
insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be
received and approved by the City before Work
commences. The City reserves the right to require
complete, certified copies of all required inSurance
policies, at any time.
(c) Subcontractors. Developer and/or Developer's general contractor shall
include all subcontractors as insureds under its policies or shall obtain
separate certificates and endorsements for each subcontractor. Ali
coverages for subcontractors shall be subject to all of the requirements
stated herein.
6. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only
items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by
City or its agents, Developer guarantees all work executed by Developer and/or
Developer's agents, and all supplies, materials and devices of whatsoever nature
incorporated in, or attached to the work, or otherwise delivered to City as a part of the
work pursuant to the Agreement, to be free of all defects of workmanship and materials
for a period of one (1) year after initial acceptance of the entire work by City. Developer
shall repair or replace any or all such work or material, together with all or any other
work or materials which may be displaced or damaged in so doing, that may prove
defective in workmanship or material within said one-year guarantee period without
expense or charge of any nature whatsoever to City. Developer further covenants and
agrees that when defects in design, workmanship and materials actually appear during
the one-year guarantee period, and have been corrected, the guarantee period shall
automatically be extended for the corrected items for an additional year to insure that
such defects have actually been corrected.
In the event the Developer shall fail to comply with the conditions of the foregoing
improvement Agreement- Fire Station 18 Page 6 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
guarantee within thirty (30) days time or such longer time period as agreed to in writing
by the City Manager after being notified of the defect in wdting, City shall have the right,
but shall not be obligated, to repair or obtain the repair ortho defect, and Developer
shall pay to City on demand all costs and expense of such repair. Notwithstanding
anything herein to the contrary, in the event that any defect in workmanship or material
covered by the foregoing guarantee results in a condition which constitutes an
immediate hazard to the public health, safety, or welfare, City shall have the right to
immediately repair, or cause to be repaired, such defect, and Developer shall pay to
City on demand all costs and expense of such repair. The foregoing statement relating
to hazards to health and safety shall be deemed to include either temporary or
permanent repairs which may be required as determined in the sole discretion and
judgment of City.
If City, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, Developer shall pay, in addition to actual
costs and expenses of such repair or work, twenty-five percent (25%) of such costs and
expenses for overhead and interest at the maximum rate of interest permitted by law
accruing thirty (30) days from the date of billing for such work or repairs.
7.' .!.nspection of the Work.
Developer shall guarantee free access to City through its City Manager and his
designated representatives (including City's architect and construction manager) for the
safe and convenient inspection of'the work throughout its construction. Said City
representatives, including City's architect and construction manager, shall have the
authority to reject all materials and workmanship which are not in accordance with the
plans and sPecifications, and all such materials and or work shall be removed promptly
by Developer and replaced to the satisfaction of City without any expense to City in
strict accordance with Fire Station 18 plans and specifications.
8. Agreement Assiqnment.
This Agreement shall not be assigned by Developer without the written consent
of City which shall not unreasonably be withheld.
9. Abandonment of Work.
Neither Developer nor any of Developer's agents or contractors are or shall be
considered to be agents of City in connection with the performance of Developer's
obligations under this Agreement.
If Developer refuses or falls to obtain prosecution of the work, or any severable
part thereof,' with such diligence as will insure its completion within the time specified, or
any extension thereof, or fails to obtain completion of said work within such time, or if
Developer shOuld be adjudged as bankrupt, or should make a general asSignment for
the benefit of Developer's creditors, or if a receiver should be appointed, or if Developer,
Improvement Agreement - Fire Station 18 Page 7 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
or any of Developer's contractors, subcontractors, agents or employees should violate
any of the Provisions of this Agreement, the City through its Public Works Director may
· serve written notice on Developer and Developer's surety or holder of other security
(including any letter of credit) of breach of this Agreement, or of any portion, thereof,
and default, of Developer.
in the event of any such notice of breach of this Agreement, Developer's suretY
shall have the duty to take over and complete Fire Station 18 herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice
of breach, does not give City written notice of its intention to take over the performance
of the contract, and does not commence performance thereof within thirty (30) days
after notice to City of such election, City may take over the work and prosecute the
same to completion, by contract or by any other method City may deem advisable, for
the account and at the expense of Developer and Developer's surety shall be liable to
CitY for any damages and/or reasonable and documented excess costs occasioned by
City thereby; and, in such event, City, without liability for so doing, may take possession
of, and utilize in completing the work, such materials, appliances, plant and other
property belonging to Developer as may be on the site of the work and necessary
therefor, if a letter of credit is provided in lieu of a surety bond, the letter of credit shall
provide for payment to the City for the remaining work to be done at the time of a default
upon demand by City.
10. Safety Devices.
Developer shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the site.of
Fire Station 18 as may be necessary to prevent accidents to the public and damage to
the property. Developer shall furnish, Place, and maintain such lights as may be
necessary for illuminating the said fences, barriers, signs, and other safety devices. At
the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as
may be shown on ~he plans and included in the items of work) shall be removed from
site of the work by the Developer, and the entire site left clean and orderly.
11. Acceptance of Work and Land.
Upon notice of completion of Fire Station 18 and delivery of a set of final as-built
mylar plans with electronic file to City by Developer, City, through its City Manager or
his designated representative, shall examine the work without delay, and, if found by the
City Manager to be in accordance with said plans and specifications and this
Agreement, and to be ready for use for its intended purpose including assurances
required by Section 1 regarding the suitability of the land, shall recommend acceptance
of the work and land to the City Council. The City Council shall thereupon accept the
work and land and shall notify Developer or his designated agents of such acceptance
and that Developer has satisfied condition 106 of Resolution No; 00-36. Prior to
acceptance, Developer shall submit an updated preliminary title report to City showing
Improvement Agreement- Fire Station 18 Page 8 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
no liens or encumbrances are recorded against'the property except for a lien for taxes
for the current year.
12. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material,
process or publication which is subject to a duly registered patent or copyright, any
costs or litigation expenses, including attorneys' fees and court costs, which may result
from the use of said patented or copyrighted material, process or publication shall be
included in the "construction costs," as described in Section 15.
13. Liability.
A. Developer Primarily Liable. Developer hereby warrants that the
construction of Fire Station 18 will not adversely affect any portion of adjacent
properties and that all work will be performed in a proper manner. Developer agrees to
indemnify, defend, release, and save harmless City, and each of its elective and
appointiVe boards, commissions, officers, agents and employees, from and against any
and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind,
nature and description, directly or indirectly arising from an act or omission of
Developer, its employees, agents, or independent contractors in connection with
Developer's actions and obligations hereunder; provided as follows:
(i) That City does not, and shall not, waive any rights against
Developer which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or
the deposit with City by Developer, of-any of the insurance
policies described in Paragraph 3 hereof.
(ii) That the aforesaid hold harmless agreement by Developer
shall apply to all damages and claims for damages of every
kind suffered, or alleged to have been suffered, by reason of
any of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has prepared, supplied, or
approved of plans and/or specifications for the subdivision,
or regardless of whether or not such insurance policies shall
have been determined to be applicable to any of such
damages or claims for damages.
(iii) The Developer shall not be obligated under this Section
13(A) if the loss, claims, suits, liabilities, actions, damages or
cause of action are the direct result of Developer, and its
agents, .contractors, complying wit hand order for directive
from City's architect or construction manager.
Improvement Agreement- Fire Station 18 Page 9 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
B. Design Defect. If, in the opinion of the City, a design defect in the
work of Improvements becomes apparent during the course of construction, and said
design defect, in the opinion of the City, may substantially impair the public health and
safety, Developer shall, upon approval by the City of a change order, correct said
design defect and the sureties under the Faithful Performance and Labor and Materials
Bonds shall be liable to the City for the corrective work required.
C. Litigation Expenses. In the event that legal action is instituted by
either party to this Agreement, and said action seeks damages for breach of this
Agreement or seeks to specifically enforce the terms of this Agreement, and, in the
event judgment is entered in said action, the prevailing party shall be entitled to recover
its attorneys' fees and court costs. If City is the prevailing party, City shall also be
entitled to recover its attorney's fees and costs in any action against Developer's surety
on the bonds provided hereunder. In no event, shall City be liable in damages to
Developer for failure to provide plans and specifications to DevelOper by the date set
forth in the Recitals or to accept Fire Station 18 and land by any particular date.
14. Indemnification.
Developer shall defend City, its officers, employees and officials, against any
claims or actions (including declaratory or injunctive relief) concerning Developer's
construction of Fire Station 18 on Developer's property and shall indemnify and hold
City harmless from any damages, charges, fees or penalties that may be awarded or
imposed against City. and/or Developer in connection with, or on account of,
Developer's construction of Fire Station 18 and/or City's failure to enforce or comply
with any laws which are determined to be applicable to construction of Fire Station 18.
15. Credits.
City shall provide a credit to Developer for dedication of the land for Fire Station
18. The amount of the credit shall be determined by the City'sCity Manager at the time
the City accepts the land and shall be. based on the land value used by the City in
calculating the then-current Fire Facilities Fee.
City shall provide a credit to Developer for construction of Fire Station 18. The
amount of the credit shall be determined by the City's City Manager at'two different
times. The initial credit shall be determined at the time Developer provides City with
bonds pursuant to Section 4 and shall be in the amount included in City's then-current
Fire Facilities Fee for Station 18. The final credit shall be determined at the time the
City accepts Fire Station 18 Improvements and shall be based on the difference, if any,
between the initial credit and the Developer's construction costs (including all costs
associated with City-approved change orders). As used herein, "construction costs"
shall include all costs for design, engineering, construction and inspection, as such
costs are approved by the City Manager, including costs described in Sections 4, 5, 6,
7, 10, 12, 13(B), 16 and 20 of this Agreement, except as provided below. No credit will
Improvement Agreement - Fire Station 18 Page 10 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
be provided for any change order unless the change order has been approved by City,
No .credit shall be provided for any costS incurred by Developer pursuant to this
agreement, including costs incurred pursuant to Section 16 for costs of plans and
specifications, unless Fire Station 18 Improvements are accepted by City. ~ No credit
shall be provided under Section 7 for costs advanced by Developer under Section 16 for
City's architect and construction manager to the extent that the architect and/or
construction manager are required to spend excessive time in connection with their
work under section.
City shall provide a credit to Developer for the funds advanced to City for
purchase of equipment and apparatus for Fire Station 18. The amount of the credit
shall be determined by the City Manager at the time the funds are given to the City, and
shall be for "Building Contents and Equipment" and "Vehicles and Equipment" as
described in the then-current Fire Facilities Fee and shall be based on the costs used
by the City in calculating the then-current Fire Facilities Fee.
The amount of the above three credits (land, construction costs and
equipment/apparatus), once established, shall not be increaSed for inflation and shall
not accrue interest. The credits may be used by Developer against payment of the Fire
Facilities .Fee for any project in Dublin or, with written notice to City, may be transferred
by Developer to another developer of land in Dublin.
City will periodically review its Fire Facilities Fee to assure that the cost of
improvements is current and.that the projected future development is as accurate as
possible.
If Developer has not been able to use the credits within ten years of acceptance
of Fire Station 18 Improvements, the remaining credits will convert to a right of
reimbursement; provided, however, the remaining credits will convert to a right of
reimbursement at the end of the fiscal year in which the City collects sufficient Fire
Facilities Fees to pay for Fire Station 17, if such date is earlier than ten years following
the acceptance of Fire Station 18 Improvements.
The Developer shall enter into a Credit/Reimbursement Agreement, in a form
substantially similar to Exhibit B hereto, at the time the credit(s) are established. Such
agreement will provide for use of the credits and the right of reimbursement in a manner
substantially similar to the provisions of the City's Traffic Impact Fee Guidelines
(Resolution No. 23-99), provided that the right of reimbursement shall not terminate ten
years after it is established but, rather, shall continue until City has reimbursed
Developer for all unused credits, provided any reimbursement of unused credits shall be
from Fire Facilities Fee funds collected from developers within Dublin only.
City will attempt to recover monies from applicants for land use entitlements for
land in the Eastern Dublin General Plan Amendment area which is annexed to the City
following the date of this agreement to reimburse Developer for a portion of the
construction costs and costs of equipment/apparatus. The amount the City will seek to
Improvement Agreement - Fire Station 18 Page 11 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
recover will be an amount determined by the City Manager to be the proportionate
share of the construction costs of Fire Station 18 and equipment/apparatus which
should be borne by such land. If City recovers any such monies, City will transmit such
monies to Developer, less City's reasonable costs of administration, and.shall reduce
the amount of the credits or right of reimbursement which Developer has received
pursuant to this Agreement in an amount equal to the amount of the monies transmitted
to Developer by City.
16. Deposit Funds for Desiqn and Construction Manaqement.
No later than City Council approval of an agreement for design of the future Fire
Station 18, Developer will deposit with City the sum of Three Hundred EightY Five
Thousand and Six Hundred Twenty Five Dollars ($385,625), which funds, together with
interest thereon, will be used by City to pay for City's costs for architectural and related
services for the cost of preparation of the plans and specifications and mOnitoring of
construction for Fire Station 18.
No later than City Council approval of an agreement with a construction manager
for construction management serVices for construction of Fire Station 18, Developer will
depoSit with City the sum of Ninety Five Thousand Dollars ($95,000), which funds,
together with interest thereon, will be used by City to pay the cost of construction
management.
If the monies paid to City pursuant to this section (and accumulated interest) are
in excess of the monies needed by City for the stated purposes, City will refund the
difference to Developer within 30 days of conclusion of the serVices to be rendered to
City pursuant to the agreement for design and/or the agreement for construction
management.
If the monies paid to City.pursuant to this section (and accumulated interest) are
inadequate to pay for the services to be rendered to City pursuant to the agreement for
design and/or the agreement for construction management, Developer will pay such
additional amounts as City requests within 30 days of any such written request. City
will provide Developer with an explanation of the need for additional monies at the time
of such request.
17. Advance of Monies for Purchase of Apparatus
Within 45 days of execution of this agreement, City will provide Developer with
an estimate of the amount of money which Developer will be required to advance to City
for the purchase of apparatus, as provided in Condition 106. Thereafter, upon 30 days'
advance written notice to Developer by City of the exact amount required, Developer
will advance to City the monies necessary for City to purchase the apparatus, necessary
to operate proposed Fire Station 18. It is currently anticipated that the monies for
purchase of apparatus will be required in mid-December 2001.
Improvement Agreement- Fire Station 18 Page 12 of 15
Between Dublin and DR Acquisitions, LLC October 1'6, 2001
City Will place the monies in an interest-bearing account and will refund
Developer any monies, including interest, that are not used for purchase of apparatus.
18. Advance of Monies for Purchase of'Equipment
Within 45 daYs of execution of this agreement, City Will provide Developer with
an estimate of the amount of money which Developer will be required to advance to City
for the purchase of equipment, as provided in Condition 106. Thereafter, upon 30 days'
advance written notice to Developer by City of the exact amount required, Developer
will advance to City the monies necessary for City to purchase the equipment necessary
to operate proposed Fire Station 18. It is currently anticipated that the monies for
purchase of equipment will be required by November 1,2002.
City will place the monies in an interest-bearing account and will refund
Developer any interest that is not used for purchase of equipment.
19, Ri.qht of Entry and Review.
Developer hereby grants City and its authorized representatives, including the
: architect and construction manager hired by City, a right-of-entry onto Developer's
property during design and construction. Developer further agrees to allow such
· representatives to review and approve construction submittals, substitution requests,
requests to accelerate the completion of the project, RFI's and ASI's Payment
~'applications, change orders, and take any other actions which could affect the quality of
cOnstrUction or time of completiOn and which the architect and/or construction manager
would take on'behalf of City in connection with construction of Fire Station No. 17.
20. Developer's Construction Contract.
Developer agrees to.the extent posSible, it will use the same "front end"
documents (e.g. bidding information, construction contract, contractor's insurance,
contractor's bonding)used by City for Station No. 17, City will provide a copy of such
documents to Developer.
21. Contractor Cooperation.
Developer agrees that it shall expresSly provide in its contract with'a contractor
for the construction of Fire Station No. 18 that the contractor shall cooperate fully with
the City's architect and construction manager in all respects regarding the construction
of the fire station, and that contractor will accept any directions or orders from the
architect and/or construction manager concerning compliance with the plans and
specifications or concerning safety issues or any of the matters set forth in Paragraph
19.
22. Timinch
To the extent they can do so, City and Developer will make every effort to
ImprOvement Agreement- Fire Station 18 Page 13 of 1.5
Between Dublin and DR Acquisitions~ LLC October 16, 2001
expedite their respective actions in connection with this Agreement to allov¢ for the
opening of Fire Station 18 by July 2003.
23. Participation in Desiqn Process. .
City agrees that Developer will have input into the design of Fire Station 18's
facade (due to the station's proximity to Developer's residential project) and input into
the schedule for completion of plans and specifications and the estimated construction
cost of the Fire Station 18 improvements. However, this will not give Developer the
right to make any decisions with respect to the foregoing matters.
24. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
25. Notices.
All notices required or provided for under this Agreement shall be in writing.
Notices required to be given to City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Drive
Dublin, CA 94568
Notices required to be given to Developer shall be addressed as follows:
Martin W. Inderbitzen
7077 Koll Center Parkway, Suite 120
Pleasanton, CA 94566
With copy to:
James Tong
Charter Properties
6601 Owens Drive, Suite 100
Pleasanton, CA 94588
26. Exhibits.
The following Exhibits are made a part of this Agreement:
Exhibit A: Conditions 106 through 111 of Resolution 00-36
Exhibit B: Form Credit/Reimbursement Agreement
Improvement Agreement- Fire Station 18 Page 14 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date and year first above written.
CITY OF DUBLIN:
B y: A/~,4z.~ ~'~/////~ Date: /~/~ ~;/~/
//-Guy s. i-tie'aten-" '
FMayor
ATTEST:
E~ i~~k ~ (-_~. Date: /~,/-~,/~/
Approved as to Form:
City Attorney ~'"'
Developer:
DR ACQUISITION I, LLC
.._~d / /.-'/- ~,;
By:
Its:.
J:\wpd\Mnrsw\114\103~AGREE~improvement fi re station 18_100201 .doc
Improvement Agreement - Fire Station 18 Page 15 of 15
Between Dublin and DR Acquisitions, LLC October 16, 2001
of Dublin S~d~d PI~ ~d Speci~caions' or ~ reque~ed by of~e
D~eator of Publi~ Works.
L~ds~pin[ and S~eet Tre~. ~e Applic~evelop~r sh~i PW, PL Oocup~cy of
con.ct medi~ l~dscaping in ~proPfiate po~on of Fallon ~o~ ~e ~st ~it
Bent Tree Drive, Sisal ~11D~v~, Wi~ ~d'fir~'adjacent
development ~dsc~ming along ~e project ~onmge ~om ~e ~ce ~f .~cc~on of
curb m ~e site ~gh~-of-way, ~d ~I ~ect ~eS proposed wi~in ~ ~e D~e~or of
public se~ic~ e~emen~ ~e to be con--crud wi~ ~ach Mjacent ~blic Works
p~el d~v~lopment to ~ desi~ ~d ~cifica~on of~e Speci~C.
PI~ ~d CiW ofDubt~ speci~ca~ons, ~d m ~e saff~acffon of the'
Director 0f Public .Works ~d Dire~or of Comm~W Development;
S~a ~ee v~eties
SDR applica~on 'sh~l be plan)ed along ~1 ~eet ~on~g~s..~d sh~I
be a shown on ~e conceptual landscaping plans. E~ct ~ee !ocatio~
shall b~ r~vi~wed ~d approved by the D~ec~br of Pubiic-Wor~
co~o~ance wi~ ~e conceptual piing pt~ ~d.spao~ included
wi~in ~is application. Root shi~Ids shM1 be'required adiacenz to
sidewal~ or curbs Unless o~e~se dete~ed by ~e ~irector of
Publi~ Wor~ ~d ~e Director of CommuniW DevclopmenL
.103.-.[ Lands~p~g in Par~, Open Spaces and Strum Cor~dor P~ce~. PW, PL O.ccup~cy of
-~ ~e t~dscape improvemen~ for.~e ~e~scape adjacent to the Golf ~ ~ ~it
Co.se ~cel G) ~d
installed by ApPlic~eveloper conc~n~y w~ ~e d~wtopmen~ ~e~on of
of~e adjacent'residen~al p~cels unless o~e~ise speci~ed by
Comm~i~ Development Director. Pabtic W0r~
4. Landscaping at ~sle Intersections. L~dscaping at ~tersections PW, PL Occup~cy of
sh~I be s6ch ~at si~t di~ee is ~ot obmeted: Except for ~ees, ~e fm~ unk
landscaping shall not be higher th~ 30 inches above
~e~. dkecfion of.
~e Dke~or of.
· Publie Wor~
>. Damag~epairs. If used a con--etlon access, ~e.De~eloper sh~ PW' Occupmcy of
repair ali dmaged exi~ing pavemen~ ~ee~ curb, ~er and ~ buil'~ng
sidewalk along ~tone Way, e~ng F~ion ROM No~ Dublin
~eh Drive, So~ Dublin ~nch D~ve, resulfing ~om eons~etion
~d vehiele ~ as a result of cons~ction ac~vifies
satisfaction of~e Director ofPublie Wor~.
Permanent Fire S~fiom At no ~o~ to ~e ci~ of DubI~, PL Per Condition -
Applic~eveI0per sh~l contact a pem~ent
dedicate the station, toge~er
~e Ci~, ~d provide ~d~g
equipment to operate an En~ne Comply ~om ~e ~tion. No later-
· ~'20 monks pHgr So ~e ~eipated date of Ce~cate-of
Occup~cy for ~e.312~ dwelling ~it in ~e~ A-l, A-6 and A-7"'
(which ~ti~i~ated date shall be detemined Cy Applican~eveloper,
wi~ Ci~ approve), Apptie~e~eloper sh~l submit a propos~ to .]
Ci~, for Ci~ approval,. ~scribing
~ation site, -Once C~ h~ approved ~e loea~on of~e fire ~on
E~IBIT A
si~, ~e ~ppiic~ewIopsr sh~I enter ~m ~ improwment
'. a~e~mSn~ shall ~rovid~ 'for sscuH~, in a fo~ ~d ~o~t '
· ... safis~acto~ to Ci~, to-s~c~ ~e obliga~on to dadi~t~ ~d con~
~s ~on ~d'shall include g provision indemni~ing ~e Ci~
~y claim related to ~ompii~ce ~ all laws', .
~ improvement a~e~ment sh~i be execu~d no later ~ !2
- ..monks prior lo ~e ~ticipamd dated of Ce~ficate of.~ccup~cffor
. ~e 312~ dwelling unit in ~e~ A-t, A-6 ~d A-7. ~e fire' ration
shali be-cons~ctM in accord~ce wi~ CiW specifications. Apptic~t
shall provide CiW wi~ ~e ~nds required by .CiW to purch~e ~e
'- required app~ams ~d equipment Ora ~te~ of such ~ds, ~ a
fo~ safisfact0~ to CiW a~e s~e ~e ~ '~pro~ement a~eement
is executed. D~veloper shall con.ct ~e f~e m~on, provide ~e · .
funds to Ciw to p~ch~e ~e apparatus ~d equipment ~d dedicat~
~ land to ~e CiW in su~ci~nt time .to inswe ~at ~e station is
complete and ~e appmms ~d ~quipmem ~ operation~ no later
~ sk monks ~r ~ issu~c~ of~~ Cemificate' of Occup~cy for
the 312~ dwelt~g ~it in ~ A-t, 'A-6, and A-7 ofM~er Ve~ng
. Ten.live Map 7135, provid~d'hoW~wr,.tha~ in no ~v~ntwilI CiW
~ccept ~e I~d ~d fire ration prior to futy t, 2004 (0~ Iuly. 1,. 2003 if.
~e Xpplic~ewloper provides ~e CiW ~ ~ 'ixevoc~te Ie~r · ·
of ~redit in a fo~ and mourn'acceptable m CiV ~aing
< pa~nt of~e deficit be~e~n ~e general ~nd revenues g~nemted
from th~ E~tem Dublin General PI~ ~ea ~d ~e co~ of operating
~ ~ation ~e fire stolon froTM July 1,2003 to JulY 1, 2004). ~'A"
fait~ on Zhe pm of Apptic~eveiop~r to comply wi~ ~y 0f~e
above raquiremenm may result ~ CiW~s wi~olding 0f issu~c~, of < -'
building p~its and/or c~ficates of Occupancy for ~y of~
. prop~ subj~c~ to ~is master tenmffw map. No C'e~ificates of - .
Oc~up~cy will be issued in ~y ~e~ sho~ on ~er Vesting ..
Tentative map 7135 o~er ~ ~e~ A-1, A-6 and A-7 Until the fire
station h~ been dedicated to Ciw ~d the ~tion is operational.
21
. ;, ? .. . ....
~ ' ' : ': .'. ",~ · - "' .... Prior to:
t07. OPtiOnal Temporary Station. This option shall be exercised only if PL- · ' Per Condition
a suitable permanent site for a fire station is not approved by the City '
19 months prior to the anticipated date of Certificate of Occupancy 'for
ne 312th dwelling unit in Areas A-L A-6 and A-7. In such event, the''
Applicant fDeveloper, at no cost to the CiW, shall provide a temporary
site, consWact a temporary fire station and provide funding to City ~o
enable City to purchase apparatUs and .equipment to :operate an Engine
Company from the temporary, station. 'No..later than twelve-(12).
months prior to the anticiPated.date' Of Cer~ifiCate of Occupancy for
the 3 I2th dwelling unit in Areas A-1;A-6 and AL7',
Applicant/Developer shall, submk a Proposal to City, for City review
and approval, describing the size and location of. the temPorary site; ·.
together,with a proposal £c~-structares to be. usbd forthe mrnporary.
fire station. In addition, no later than twelve (i2) months prior to
Certificate of Occupancy for the 312th'dwelling unit 'in Areas A-I, A-
6 and A-7, the Developer will provide City with the funds required l~y
City to purchase the required, apparatus and' equipment ora .g:uarantee
· of such funds, in a form satisfactory to City. The temporary fire
station shall be constructed in accordance with City. specifications.
Developer shall construct the temporary fire station, provide the funds
to.City to purchase the apparatus and equipment and' dedicate a
temporary right to the land to the City in sufficient time to insure that
ff/e-station is complete no later than six months after the issuance of .
the. Certificate of Occupancy for the 3 t2th dwelling unit in'Areas A-1, . ..
A~6, and A-7 of MaSter Vesting Tentative Map 7i35, provided ..
. ~however, that in no event will City accept the' temporary interest in the
land and fire station prigr to July 1, 2004 (or Suly i, 2003 ifth~.
APplicant/Developer provides the City 'with an irrevocable letter of
credit in a form and .amount acceptable to City'guaranteeing paYment
of the deficit between the general fund revenues genei-ated from the
Eastern Dublin General 'Plan area and the .cost of operating the'statio,.n
the fire station from July 1, 2003 to July 1, 2004). ' ''
The City'S right to use the Property for the temporary...fire station shall
terminate when a permanent fire station is constructed and is
.operational. Once a permanent tire station is constructed and is
' operatiohal, Developer/Applicant shall, at its sole cost, remove the
temporary fire station within three months of written notice from City.
A failure on the part 0fApplicanffD. eveloper to comply with any 6f
the above requirements may result in City's withholding of issuance ·
'of building permits and/or certificales ~)f occupanCY· for any ~f the
property ~ubject to this master tentative map. No Certificates of
Occupancy will be issued in any. Areas shown on Master Vesting
Tentative map 7'I35 other than Areas A-l, A-6 and A-7 until the fire
station has been provided to City and is operation, al.
1.08. .Credit for Perm~ent ~ire Station Land, Station ~d App~. PL Per Condition
~e Applic~eVeloper will be ~ed to a Credit for ~e I~d'
dedicated for ~e. pe~ent fire ~o~ ~e 6o~ of e0~on of~e
pe~ent fire mfon ~d co~.0f~y monies' ~v~ced for
app~ams.' ~e mount of~e credit to be ~ven for i~d ~d
improvemen~ shall be dete~ined by CiW's Public Wor~ D~ecmr
~ ~me ~e AppHcan~evelop~r enters into ~ 'i~pr0vement ~, .
a~ment ~ Ci~ for con~cfion of~e fire smHon, using ~e l~d
values and eo~ of eon~e~on used by CiW in c~eulafing'CiW's
~en-cu~ent Fire Impact Fee.. ~e ~ount of~e credit ~o be given for
fire app~ams sh~l be de(e~iped by ~e Ci~ M~ager at ~e ~e
Appticm~evbloper provides ~ds for.aequ~on ofapp~ams,
using ~e app~ams costs u~d bY CiW in caleula~g C~'s ~en-
cu~ent Fire ~p~ct Fee. ~e mo~t a{~e cr9dig Once emblished,
shall not be ~crc~ed for ~ation nor shall ~iere~ ac~e on
mount of ~e credit. ~e Credit may be used by ~Pplic~eveloper
~g~ns~ pa~6nt of Ci~s F~re Impact Fee ~o~ ~y prope~ wi~
Ea~em Dublin o~ed by App!ican~eveloper ~ wi~ ~en
no(ice to Ci~ may be ~sfe~ed t0 ~o~er developer ~ E~tem
If~e kppHc~eveloper h~ not been able to use ~e cred~ wi~in
(6n ye~s of establishment of~e credit, ~e remal~ng credit shall
conve~ to a right of reimbursemen~ provided ~at ~e unused credi~
sh~l conve~ ~o a right of ~e~bursement e~Iier ~ ten ye~s Once
F~e Station 17 h~'been paid. for by fire impa~ fees.
Applie~eveloper shall enter into a Credi~eimb~sement
A~eemen~'wi~ Ci~ a( ~ 5me ~e credit is e~mbtished to provide
for ~e use of the Credit ~d ~e Hght ofre~b~emen~ which
usei~t.shalI be submtiaIIy simil~ ~o ~e provisions of ~e C~'s
Tr~c Impact Fee Guidelines (as adopted.by Kesotu~on N0. 23-99) . .
except ~at ~e Hght of re~b~sement shall not m~lna~ I 0 ye~s
~er it is emblished bm shall tongue uniil CiW. h~ reimb~sed
· ' Applie~eveloper for ~II ~used credit, provided'~y '
reimbursemen~ shall be ~om.Fire ~pact Fees. collected from '
: developers wi~n E~em Dublin ~nly.'
If AppHc~n~eve~op~r intends to convey i~ in~ere~ in ~I' p~cets . .
sho~ on the Maker Tenm~e Map~he AppHc~eveiopcr will ·
fir~ enter into ~ a~eement with CiW to secure ~e oblig~ions of~is
condition and will ~en ~si~ such a~eement to ~e o~er of one of
P~cels A- 1 ~rough A-7. .
109. Cos~ of Se~ices. ~ne kppHc~eve]oper wilt enter ~to ~ PL Per Condi~on
a~eement wi~ ~-Ci~ prior ~o rec0rdafon of~e ~ maP'for
m~ter ten~6ve map to'~d ~e. d~erence, if any be~een ~e
revenues from ~e Ea~ Dublin General PI~ ~ea on ~ ~
b~i-~ ~d the cos~ ~sociat~d wi~ semites to prope~es ~ ~e I
E~e~ Dublin General PI~ ~e~' ~e. a~eement ~ll provide '~at.~e
App lic~evel 0per wi] ~ a'~uaI]y deposit '~e mount of ~e'
for ye~lY operation~ co~ for o~ra~ng ~e fire ~on. (whe~er ' ' ' '
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# .. CONDITION "t:EX~ · ..- RESrON. - WHEN. .~so~cr
' ' ' ".: ::~' ..u.'- : ~':~' ~". .. ~ ' ~
pe~nt o[ t~mpo~) when ~e fire station i~ operational ~d
t~inat~g when ~ere is n6 deficit be~een 'revenues ~d zo~,
provided in no event shah ~e Applic~eveloper be respo~ible for'
deficit ~ding beyond'July 1, 2010. ~e a~eement ~11 ~clfide a
requirement. ~at ~e Apptic~eveloper pay ~e co~ ora study to
de~ine ~e mount of a~ent revenues and 'costa ~d periodic
~dy upd~es. The a~eement will provide for secflriWfor.~e ~nuaI
obligation to ~e satisfaction of CiW.
The CiW 0fDubiin .will 'consider fair ~d aPPr0pdam.ways 0f
reimb~sing Applican~eveloper some of the mounm . ':. .
Apptic~evetoper is requ~ed to pay to CiW Pursuit to ~e
a~eement described in the 9receding p~a~aph..T0 ~e e~ent
peri,ed by law, ~e Ci~ will require owners ofprope~ wi~in ~e
Ea~em Dublin Ge~zrM Pt~ area who seek Ci~ approval of
development entitlemen~ for such prope~' to pay a fMr ~d
pr°pomiona~e shoe of~e mourn of~: deficit Paid bY
Applic~evetoper pursuant.to ~eabove-desz~bed a~e~ment
1 t 0.Option to Advice Finds. As ~ altema~ve to the requirements of I PL Per Condition
p~a~aph5 ~ 06 ~d 107 above, the Applican~eveloper may, no later
~an 20 monks p~or to ~e anticipated date of Cemificate of
Occup~cy for the 312~ dwelI~g unit in ~eas A-Ii A-6 ~d AZ7, .. '
advance to CiW ~e mo~t of money Ci~ dete~es is nezess~ for
CiW to acqu~e prop~, con--ct a pe~anent ~e ration ~d f"
-: purchase ~e nezeS5~ fire app~ams ~d equipment to operate ~
Engine Comply ~om ~e station. Applic~eveloper will be '
entitled to'a credit ~ described in par~aph C above-for ~y ~ch
advice. '
~is condition will be noted in the conditions of approvaI of~e
tentative maps for all of~e parcels shorn on ~is ma~er vesting ·
tentative map . .
111. Securi~ for Applican~eveloper's Obligation m ~rovide F~e . PL Per Condition
Station. Conditions 106 - 1 t 1 will remain applicable to, ~d'sh~l be
a condition on, ~y of~e parcels shown on ~is Master Tentative Map .
which are o~ed by Applie~eveloper ~d P~eetg A-1,-A-6 ~d
A27. ~Applican~evelaper intends to convey iB ~tere~ in ~1'
p~cets sho~ on the M~ter Tentative Map, ~e Applic~eveloper
wilI f~m'.enter into ~ a~eement wi~ C~W to secure ~e. oblig~ions of
~is conditions 106 ~ 11 l~d will ~en assi~' s~ch a~eement to ~e
o~er of'one of P~cels A-l, A-6 or A-7.
-i.2~ ~~ ~nageme~t Plan.~e Developer sh~l'compty wi~ ~e ~ .-FvPL, Reeord~g
. CiW'~ W~Tme~.~ement PI~ for covering long-~e~ ~.:~'~'~' PW ofF,al
ma~tenance of~e ~i~open~ ~teffa?~,,~.~e-'PI~~ · ' Map
requirements shall be ineo~oram~,,~~CC&~ for ~eprejem. '
13. ~ameda CounW ~ge.Se~es, Rules, Regut~fi'ons.~d F tssu~ce of
S~nd~L0s~X'~plfc~eveloper shall complY wi~'~-l.2~ ,. B~Iding [-
...... .A-ImaSa CounW Fire Semi,es (A~D) roles, relictions ~d "<"~,, PC=ira (.
~d~ds, including minim~ ~ndards for emergency access '
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