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HomeMy WebLinkAboutItem 4.04 DR Acqu FallonRdNorthCITY CLERK FILE # 600-30 AGENDA STATEMtENT CZTY COUNCZL MEETZNG DATE: February 6, 2001 SUBJECT: Agreement with DR Acquisitions I, LLC (formerly Jennifer Lin) for Dedication and Construction of Fallon Road North Improvements Report Prepared by.' Lee S. Thompson, Public FForks Director ATTACHMENTS: 1) Resolution 2) Agreement with DR Acquisitions I, with Exhibits A, B and C RECOMMENDATION: Adopt Resolution approving agreement with DR Acquisitions I for dedication and construction of Fallon Road North Improvements FINANCIAL STATEMENT: This agreement provides that DR Acquisitions I, LLC, will dedicate and pay the cost of the construction of improvements at the northerly end of the Dublin Ranch development. DR Acquisitions I, LLC, will receive a credit against payment of the future Eastern Dublin Traffic Impact Fees (TIF) in an amount equal to land and improvements for the portion of this work that qualifies under the TIF. TIF Credit will only be given after the improvements have been accepted by the City. The use of this credit will be as provided in the City's TIF Guidelines. DESCRIPTION: The dedication and improvement of Fallon Road is required as part of the Planned DeVelopment Zoning for the Dublin Ranch Development, Areas A-E. This agreement Satisfies Condition 13 of the Planned Development Zoning by establishing various development triggering milestones for the dedication of right-of-way, roadway design and improvement construction for that area of Fallon Road at the north end of the Area A development (which includes the golf course) and Area D, which is presently designated as a community park site. The extent of the roadway improvements to the north will terminate at the northerly property line of the Dublin Ranch Development property. This agreement would require construction of roadway improvements as those improvements are needed for the phasing of development. Staff recommends that the City Council adopt the resolution approving the Agreement with DR Acquisitions I, LLC, for the dedication and construction of Fallon Road North Improvements. COPIES TO: Marry Inderbitzen ITEM NO. 4--~ g:\develop\dubranch\fallon rd northNagst fallon north improve agmts.doc RESOLUTION NO. - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENTS WITH DR ACQUISITIONS I, LLC REGARDING CONSTRUCTION OF THE FALLON ROAD NORTH IMPROVEMENTS WHEREAS, Condition 13 of the Planned Development Zoning for Dublin Ranch, Phase I, Areas A-E development requires improvement of Fallon Road, including the northerly end through an area designated as future Community Park; and WHEREAS, the City and DR Acquisitions I, LLC, have agreed to the dedication of right-of-way and the cost of construction of improvements related to these improvements; and WHEREAS, a credit against payment of future Category 1 Eastern Dublin Traffic Impact fees will be provided to offset a portion of DR Acquisitions I, LLC's land and costs related to the project; NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council approves the agreement with DR Acquisitions I, LLC, regarding Dedication and COnstruction of the Fallon Road North Improvements. BE IT FURTHER RESOLVED that the Mayor'is authorized to execute the agreements. PASSED, APPROVED AND ADOPTED this 6th day of February, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:develop\dubranch\Fallon Rd NorthNreso fallon north improve agmts City .of Dublin When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Space above this line for Recorder's Use IMPROVEMENT AGREEMENT FALLON ROAD NORTH This Improvement Agreement for the Falion North Project is made and entered in the City of Dublin on this __ day of ,2000, by and between the City of Dublin, a municipal corporation (hereinafter "City"), and DR Acquisitions, LLC,. (hereinafter "Developer"). RECITALS A. The Eastern Dublin Specific .Plan provides for Fallon Road as an arterial street connection between the El Charro Interchange with 1-580 on the South to Tassajara Road on the north. B. By Ordinance No. 23-97, the City approved a Planned Development Rezone for a 351.5 acre site, known as "Area A". The general provisions for the Planned Development District for Area A are set forth in Resolution No. 139-97. C. Condition 13 (attached hereto as Exhibit A ) of the Public Works : Conditions of Approval for Dublin Ranch Area A included in Resolution No. 139- 97, requires Developer to construct an extension of Fallon Road ("Fallon Road North" or "The Improvements"), across Developer's property north of Area A. The location of Failon Road North is shown on Exhibit B. The further extension of Fallon Road north to Tassajara Road is not included in this agreement. D. Fallon Road is a major arterial'street planned to serve future regional traffic demand. The Fallon Road North project is not required to meet traffic demands from build out of Dublin Ranch Area A-E. E. On July 25, 2000, the Planning Commission of the City of Dublin approved a Master Vesting Tentative Tract Map for Tract No. 7135 (Planning Commission Resolution No. 00-36), which creates master lot areas for further neighborhood subdivision, a golf course, open space areas, roadways, and areas for common homeowner ownership. The Planning Commission also approved Improvement Agreement Fallon North Project Vesting Tentative Tract Maps for Tracts 7136 to and including 7142 (planning Commission Resolution Nos. 00-37 to and including 00-43), creating Neighborhoods A-1 to and including A-7, respectively. F. This Improvement Agreement is intended to implement Condition 13 and secure Developer's obligations pursuant to Condition 13. NOW THEREFORE, the City and Developer hereby agree as follows: 1. ' Precise Alignment. Developer shall submit a precise alignment for Fallon Road from 1-580 to Tassajara Road no later than Council approval of the first Final Map for all or a portion of Master Final Map for Tract 7135. The -precise alignment shall be in a form which is acceptable to the City Engineer. No later than City Council approval of the first Final Map for all or a portion of Master Tentative Map 7135, Developer shall submit to City an irrevocable offer to dedicate ("Offer of Dedication") sufficient real property to enable the construction of Fallon Road North in a location which will be acceptable to applicable regulatory agencies. The Offer of Dedication shall conform to Government Code Sections 7050 and shall be in a form acceptable to the City Engineer. 2. Conceptual Grading Plan. Developer has submitted a Conceptual Grading Plan for Fallon Road North to the City Engineer in a form acceptable to the City Engineer. The Conceptual Grading Plan shall be used by City to determine areas needed for slope easements. 3. Dedication of Ri.qht of Way. The Offer of Dedication shall be in lieu of the right of way for Fallonfor Fallon Road North, shown as Parcel 1 on the Master Tentative Map for Tract 7135. 4. Deposit Funds for Environmental Review. No later than City Council approval of the Final Map for Parcels A-6 and A-7 on Master Tentative Map Tract 7135, Developer will deposit with City the sum of Twenty Thousand Dollars $20,000, which funds will be used by City when deemed appropriate to do environment review for the Fallon Road North improvements. Improvement Agreement Fallon North Project Page 2 of 13 January 3, 2001 5. Plans and Specifications No later than City Council approval of the Final Map for the last to record of Tracts 7137 (Neighborhood A-2), 7138 (Neighborhood A-3), 7139 (Neighborhood A4) or 7140 (Neighborhood A-5) or earlier than such date if required by City with 180 days advanced written notice to Developer, Developer shall prepare plans'and specifications for Failon Road North in a location and form satisfactory to the City Engineer. 6. Grading and Construction. No later than City Council approval of the Final Map for the last to record of Tracts 7137 (Neighborhood A-2), 7138 (Neighborhood A-3), 7139 (Neighborhood A-4) or 7140 (Neighborhood A-5) or earlier than such date if required by City with 180 days advanced written notice to Developer, Developer shall provide City with a Performance Bond and Labor and Materials Bond for .grading and constructing Fallon Road North. The Performance Bond shall be in an amount equal to 100% of the estimated costs of the improvements, as such costs are agreed to by Developer and the City Engineer, and the Labor and Material Bond shall be in the amount of 50% of such estimated cost of the improvements. Both bonds shall be in a form approved by the City Engineer and executed by a surety authorized to do business in the State of California. in lieu of bonds, Developer may provide City with a letter of credit as a substitute for either or both bonds. The letter(s) of credit shall be in a form and duration approved by the City Attorney. The improvements shall be completed within one year of execution of the bonds or the letter of credit. 7. Acceptance of Offer of Dedication. The City shall accept the Offer of Dedication when the improvements are complete and in a form acceptable to the City Engineer for acceptance. Immediately following or contemporaneous with acceptance of the Offer of Dedication, City will abandon those portions of the land offered in the Offer of Dedication that City does not need for the right-of-way for Fallon Road North, provided City shall retain a slope easement over such abandoned lands as necessary for maintenance of the slopes of Fallon Road North. 8. Insurance Required. Concurrently with the provision of security to City pursuant to Section 6, 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. Prior to the commencement of work under this Agreement, Developers 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 Improvement Agreement Fallon North Project Page 3 of 13 January 3, 2001 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 subcontract until all insurance required for Developer and Developer's general contractor shall have been so obtained and appreved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by City. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. 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. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. be 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 Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Improvement Agreement Fallon North Project Page 4 of 13 January 3, 2001 C= d= Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-Insurance Retentions..Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, 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. Oth'er Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (i) General Liabilitv and Automobile Liability Coveraries. (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) (d) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Developer's insurance shail apply separately to each insured against whom claim Improvement Agreement Fallon North Project Page 5 of 13 January 3, 2001 is made or suit is brought, except with respect to the limits of the insurer's liability. (u) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Developer for the City. (iii) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled"by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (a) AcceptabilitV of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (b) Verification of Covera.cle. Developer shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Subcontractors. Developer and/or Developer's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Improvement Agreement Fallon North Project Page 6 of 13 January 3, 2001 9. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance,-ordinary wear and tear and unusual abuse or neglect, Developer guarantees all work executed by Developer and/or Developer's agents, and' all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to City as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by City. Developer shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to City. Developer further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for 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 guarantee within thirty (30) days time or such longer time period as agreed to in writing by the Director of.Public Works, after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and Developer shall pay to City on demand all costs and expense of such repair. Notwithstanding' anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, City shall have the right to immediately repair, or cause to be repaired, such defect, and Developer shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of City. If City, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, Developer shall pay, in addition to actual costs and expenses of such repair or work, 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. 10. Inspection of the Work. Developer shall guarantee free access to City through its Public Works Director/City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said City Improvement Agreement Fallon North Project Page 7 of 13 January 3, 2001 representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the Improvements plans and specifications. 11. Agreement Assignment.. This Agreement shall not be assigned by Developer without the written consent of City. 12. Abandonment of Work. Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this Agreement. If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the 'time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if Developer should be adjudged as bankrupt, or should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed, or if Developer, or any of Developer's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the City through its Public Works Director may serve written notice on Developer and Developer's surety or holder of other secudty (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 The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract,-and does not commence performance thereof within thirty (30) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer and Developer's surety shall be liable to City for any damages and/or reasonable and documented excess costs occasioned by City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary 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. Improvement Agreement Fallon North Project Page 8 of 13 January 3, 2001 .13. Use of Streets or Improvements. At all times prior to the final acceptance of the work by City, the use of any or all of the streets to be constructed under this Agreement shall be at the sole and exclusive risk of Developer. 14. Safety Devices. Developer shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. Developer shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other' safety devices: At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Developer, and the entire site left clean and orderly. 15. Acceptance of Work. Upon notice of the completion of The Improvements and the delivery of a set of final as-built mylar plans with electronic file to City by Developer, City, through its City Engineer or his designated representative, shall examine the' work without delay, and, if found to be in accordance with said plans and , specifications and this Agreement, shall 'recommend acceptance of the work and right-of-way to the City Council and, 'upon such acceptance, shall notify Developer or his designated agents of such acceptance. 16. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, Developer shall be liable for, and shall indemnify City from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 17. Liability. Developer Primarily Liable. Developer hereby warrants that the design and construction of The improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. Developer agrees to indemnify, defend, release, and save harmless City, and each of its elective and appointive boards, Improvement Agreement Fallon North Project Page 9 of 13 January 3, 2001 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. Design Defect. If, in the opinion of the City, a design defect in the work of Improvements becomes apparent during the course of construction, or within one (1) year following acceptance by the City of the Improvements, and said design defect, in the opinion of the City, may substantially impair the public health and safety, Developer shall, upon order by the City, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the City for the corrective work required. Liti.qation 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. Improvement Agreement Fallon North Project Page 10 of 13 January 3, 2001 18. Credits. City shall provide a credit to Developer for dedication of any right-of-way needed for The Improvements if such right-of-way is needed for improvements described in the Eastern Dublin Traffic Impact Fee (Resolution No. 225-99 including any amendments thereto). All aspects of the credit shall be governed by the City's Administrative Guidelines (Resolution No. 23-99 including any amendments thereto). City shall 'provide a credit to Developer for construction of The Improvements if such improvements are described in the Eastern Dublin Traffic Impact Fee (Resolution No. 225-99 including any amendments thereto) and if such improvements are constructed in their ultimate location. All aspects of the credit shall be governed by the City's Administrative Guidelines (Resolution No. 23-99 including any amendments thereto). 19. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 20. Recordation and Effect Thereof. This agr. eement shall be recorded. The property affected by this agreement is the land shown on the Master Vesting Tentative Tract Map for Tract No. 7135 and is described on Exhibit C, attached hereto. The recordation of this agreement will serve as notice to any future owners of the property subject to Master Vesting Tentative Map 7135 'that the obligations of Developer hereunder shall be satisfied at the times specified herein and, notwithstanding the provisions of Government Code Section'66458 regarding approval of final maps, that failure of the Developer to satisfy such obligations at such times will be cause for the City Council to refuse to approve Final Maps for Tracts 7137, 7138, 7139 and 7140 (see Sections 5 and 6 hereof) and/or building permits for construction on the property covered by such tentative maps due to lack of consistency with the Planned Development Rezoning. To effectuate the provisions hereof, DEVELOPER hereby agrees it will not assert the provisions of Government Code Section 66458 in any proceeding to require the City Council to approve a final map for Tracts 7135, 7137, 7138, 7139 and/or 7140 until the respective obligations hereunder relating to such Tracts are satisfied. DEVELOPER further agrees to require any future purchaser of the property described in Exhibit C to similarly agree in writing. Improvement Agreement Fallon North Project Page 11 of 13 January 3, 2001 21. No~ces. 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. 'lnderbitzen 7077 Koll Center Parkway, Suite 120 Pleasanton, CA 94566 With copy to: James Tong Charter Properties 6601 Owens Drive, Suite 100 Pleasanton, CA 94588 22. Exhibits. The following Exhibits are made a part of this Agreement: Exhibit A: Exhibit B: Exhibit C: Condition 13 of PD Rezone Ordinance 23-97 Location of Fallon Road North Legal Description of areas affected by agreement (Land covered by TM 7135.) 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: By: Date: Guy S. Houston Mayor Improvement Agreement Fallon North Project Page 12 of 13 January 3, 2001 ATTEST: By: Kay Keck City Clerk Approved as to Form: City Attorney Date: DEVELOPER: DR ACQUISITION !, LLC _5"/-"//,~-// 'A/y/~/~-~,~/ Date: By: ~-¢'~//-///_</ (NOTARIZATIONS REQUIRED) J:\WPD~Vlnrsw\l 14\103~AGREE\Fallon-North_010301 .doc Improvement Agreement Fallon North Project Page 13 of 13 January 3, 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~'/r/-/f~--~/,~ sS. On /'-- ?- ~"7 Date personally appeared , before me, .,F4~w',.~ y .7: .~--/-/A/~--/~'~r~. , ( Name and Title of Officer e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) ~personally known to me [] proved to me on the basis of satisfactory evidence SANDY J. SCHNEIDER Commission # 1261604 Notary Pubjic - California Alameda County. My Comrn. Expire~ Apr22.,2D04 to be the person/~Pf whose name.(.s-)-is/ace subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the same in his/h0'r/thoir authorized capacityC-e~, and that by his/-her-/eteir signature.(_~ron the instrument the person(-s-)-, or the entity upon behalf of which the personzc~ acted, executed the instrument. WI, I,I~~, hand;a~ Place Notary Seal Above ure o o a u ~c OPTIONAL Though Ihe information be/ow is no~ required by/aw, it may prove valuable to persons relying on the document and could prevent fraUdu/ent rernova/ and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: © 1999 National Notary Association · 9350 De Soto Ave,. P.O. Box 2402 · Chatsworth. CA 91313-2402 * w~,,~v.nationalnotary, orgProd. No. 5907Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" CONDITION NO. 13, PD REZONE CiTY COUNCIL ORDINANCE 23-97 In order to plan for and construct the extension of Fallon Road north of Area A, across the existing Lin property and to an ultimate connection with Tassajara Road, the City will require the following from the Developer. In conjunction with the first Tentative Map, the developer shall submit an alignment and conceptual grading plan. With the recordation of the first Final Map, right-of-way and adequate slope easements shall be dedicated for Fallon Road across the existing Lin property to the current northernmost property line. The grading of Fallon Road across the Applicant's property shall be accomplished with the grading of the adjacent portion of Area A, as determined by the Director of Public works. Construction of the Fallon Road street' improvements from the northernmost intersection of Fallon, across the existing Lin property and terminating at the current northernmost property line shall be performed with the last phrase of development of Area A. g:develop\dubranch\fallon rd north\ex A reso Lin agmt TRACT 7 135 i SUBDIVISION Ole PAIlCI~ 1, t-A, I. 6, k ? AS D~CIUBD IN TI~ Off:l) ,,~,~.~ ~~ ~. 2 . ~; , /'~ .- Cl~ 0F DUBHN ~ ~i~TES: ~ ~ ~ ~ f)~OlO(TS)kPOilmla~P~v(.ii~JttKS m~$1~e.ffwls'Tmrll~caafw~, *PRIZleS~tIi~(~q'kWl3~ISSU(DIRNAN D1TCTTv~ DATT CF/t~ II, en~lS itCllqOGli$11O lN. t~-31l/2l R~FERE;NCES BASIS QF B~ARING$; FO~ THiS LIN~ SEGMENT TWO FALLON ROAD EXHIBIT "B", PG. I OF 2 / ' I I / O{:~CNATI~O REMAIND{:R AREA NO. II p,.o.5' TRACT 7135 ~,+ - AND Ott RISULTANT PAIICll, 'A' k RESULTANT PA!ICIL 'B' Or LOT UNE U O0 ................... '~.' ADJ STMEIfr No. ' - ' AS !IICORDID IN SIIIIIS No. ALAMEDA COUNTY RECORDS. ,... ;~ T ~r ~t EDA COUNT CALIFORNI.., ~ //' NOTES OCTOBER, :~000 f,~.,... =o .....'=i ..," · '.::...'...: : / · R, an~s&az~n~cau.~,-~tm~sm~s. f rouqo3/4*mw~tFmOe-l),u(.gs 'c' ~ i ,=~ ,~o.~ ,. ,.~ ...747. ~ ~ · mu.o r P wAstim m m-~), ~ ~[co,~:o Jury It, 11/~ RE N~, IM: i } REFERENCES: 8A~ I S ~c' BENt I NGS: SEGMENT THREE FALLON ROAD EXHIBIT "B", PG. 2 OF 2 EXHIBIT "C' DESCRIPTION OF PROPERTY SUBJECT TO IMPROVEMENT AGREEMENT FOR FALLON ROAD NORTH DUBLIN, CALIFORNIA 16034-02 12-14-00 B.C. Page 1 of 3 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PARCELS 1, 2-A, 3, 6, AND 7 AS DESCRIBED IN THE DEED TO D. R. ACQUISITION I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RECORDED ON AUGUST 17, 2000, SERIES NO. 2000247985, AND RESULTANT PARCEL 'A' AND RESULTANT PARCEL 'B' OF LOT LINE ADJUSTMENT NO. "00-07' AS RECORDED IN SERIES NO. 2000330114, ALL IN RECORDS OF ALAMEDA COUNTY. (THE ABOVE DESCRIBED PROPERTY COMPRISES ALL OF FUTURE TRACT 7135) END OF DESCRIPTION (EXP. 9/30/0,) STATE OF 5412 IIIACKAY&SOmPS CIVIL ENGINEERINGe LAND PLANNING · LAND SURVEYING 5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355 (925) 225-0690 16034-02bc12-14-00ExC.doc P ' TRACT 7135 J i SVBDWlSION O~ PAI~ 1, l-A, 3, 6, k ? AS D~SCRIB!:D IN ~ ' ~nl~f r S S DESIG~TED RE~ND[R M: ' ~D O~ ~LT~ P~ *i' I ~T~ P~ 'B' O~ ~ m~::;:::;:;;~;::~ ............ ~':r~:r~'z::.~ .......... / ................................... ~ ................... ~- ANU~ No. '~- ' 8 ~ ~ ~ No. ) i~ ' :~ ,~... o,,~ ~ .-i /'~ m'- ,~ ALAMEDA COUNTY, CALIFORNIA ,, ~ , ,c.mB .... ~ ./~SEKNT NOT[~' OCTOBER. 2000 roume 3/t mp w/t.~41~t mot (R-l), F0~N0 f am w/t,s/4233 ~ 0~-t), r0~kmm.~lmm~oe/~ N~lmOmtr ~ ~ ~ (~ ~m) ~ ~ ~TA iAd(e&SOmtS FUTURE TRACT 7135 EXHIBIT C % PG. 2 OF 3 ~ ........ ® gOS PN~EL 'C' T. 2S, m,.1L,,~ . OESIG~TED REUA~NDER ARCANO. 2 6 Y: NOTES: m(~n.,e~etmsm. j.ceeBrrg~,~m:momm~ LEGENI;) ~ k ~23~1& l K~ ~Y 21, II~ ~ ~ ..... P~ NOTES: REFERENCES TRACT 7135 A SljBDBrIffiON O!' PA.IIC~ 1, l'A, ~, 6, & ? AJ DB~MB~ IN ~ D~ ~ ON A~ 17, ~, ~ No. ~ ~G ~ D~ ~D 01 R~LT~ P~ *A* a ~T~ P~L *B* OF ~ A~U~ No. 'M- ' ~ ~D ~ ~ No. ~ A~MEDA COUN~ ~CORDS. CI~ OF DUBUH ,~ ALAMEDA COUNTY, CALIFORNIA OCTOBER, 2000 mACKAY&~ SkI~T2OF7 DESCRIPTION PARCEL IDENTIFICATION EXHIBIT C PG. 3 OF3,