HomeMy WebLinkAboutItem 4.10 Positano Neighborhd C-1G~~~ OF DU~~`2
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1`~~~~~ STAFFREPORT CITY CLERK
~`~'~LI~ ~~ DUBLIN CITY COUNCIL File # Q_
^~0^ Clb ~
DATE: August 17, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE . Approval of Final Map and Tract Improvement Agreement, Approval of Agreement
for Long-Term Encroachment for Landscape Features, and Acceptance of
Parkland Dedication In-Lieu Fees and Credits for Tract 8036, Neighborhood "C-1,"
Positano/Fallon Village (K. Hovnanian),
Prepared By: Mark Lander, City Engineer
EXECUTIVE SUMMARY:
K. Hovnanian Homes, Inc., dba K. Hovnanian at Positano, LLC, has acquired portions of Tract
7854, Neighborhood "B" of the Positano/ Fallon Village development and is filing a Final Map for
Tract 8036 (Neighborhood C-1) to create 69 individual lots for the construction of homes.
FINANCIAL IMPACT:
Park Land dedication requirements are proposed to be satisfied with Park Land Credits held by
the Developer. Credits are being used to satisfy $720,393 in Community Park Land Fees due
and $392,130 of Neighborhood Park Land Fees. The Developer will construct certain public
streets and improvements and will pay the cost of construction inspection. The City requires that
Performance and Labor & Materials bonds are posted to guarantee construction of the street,
grading, utility improvements and landscaping.
Purpose of Bond
Tract Improvements
Bond Number Amount of Bond
5037667 $ 1,638,410
Once these improvements are accepted, the City will incur maintenance costs for City-
maintained improvements within Tract 8036. Maintenance cost information will be provided at
the time of improvement acceptance. The Homeowners' Association will be responsible for
maintaining the project-related landscape features within the public right-of-way.
RECOMMENDATION:
Staff recommends that the City Council 1) Adopt the Resolution Approving Final Map and Tract
Improvement Agreement for Tract 8036, Neighborhood "C-1," Positano/Fallon Village; 2) Adopt
the Resotution Approving the Agreement for Long Term Encroachment for Landscape Features
for Tr t 8036, Neighborhood "C-1," Positano/Fallon Village; and 3) Adopt the Resolution
Accep i g Parkl nd Ded'cation In-Lieu Fees and Credits for Park Land Dedication Requirements
for Tr t 8036, eighbo hood "C-1," Positano/Fallon Village.
,r t,~\./ ~'
bmitted By Reviewed By Revi By
Pu lic Works Director Administrative Services Director Assistant City Manager
Page 1 of 3 ITEM NO. ~~ ~ v
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DESCRIPTION:
Tract 7854 was the subdivision map for Neighborhood "B," part of the Positano Development
within Fallon Village by Braddock and Logan Group II, L.P. The Final Map for Tract 7854
created six large parcels with the intent that there would be future subdivision of the parcels to
create individual residential lots.
K. Hovnanian Homes, Inc., dba K. Hovnanian at Positano, LLC, has purchased portions of finro
parcels and is filing a Final Map for Tract 8036, Neighborhood "C-1," to create 69 individual lots
within these finro parcels. Ultimately the lots witl accommodate 81 residential units comprised of
57 lots containing one Single Family Unit each; plus 12 lots which contain one Single Family Unit
with an attached Secondary Unit. (Attachment 1).
The Final Map for Tract 8036 dedicates the rights-of-way for Amantea Way, Cipriani Way,
Ravello Way, and Salerno Drive as well as a public service easement.
The Final Map for Tract 8036 has been reviewed and found to be in conformance with the
Tentative Map and Conditions of Approval adopted by Planning Commission Reso~ution No. 05-
61 on November 22, 2005. The Developer has submitted an executed Tract Improvement
Agreement, together with the required PerFormance and Labor & Material Bonds.
The Agreement for Long Term Encroachment for Landscape Features for Tract 8036 provides
for the Homeowners' Association to maintain project-related landscape features within the public
rights-of-way, including planter strips, sidewalks, and street trees.
Staff has prepared a resolution approving the Final Map and Tract Improvement Agreement for
Tract 8036, Neighborhood "C-1," Positano/Fallon Village (Attachment 2), and a resolution
approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8036,
Neighborhood "C-1," Positano/Fallon Village (Attachment 3).
Parkland Dedication Requirements
Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land
or pay a fee in lieu of dedicating such land as a condition of final map approval.
K.Hovnanian has acquired Community and Neighborhood Park Land credits from another
Developer, which will fully offset its park dedication requirement. The following table shows how
K.Hovnanian will satisfy the Parkland requirements for Tract 8036:
Dedication Fees In-Lieu of K.Hovnanian
Requirement Dedication Compliance
Community Park Land 0.8568 acres $ 720,393 Use of Credits Acquired
Neighborhood Park Land 0.3672 acres $ 392,130 Use of Credits Acquired
The calculation of the acreage required and/or in-lieu fees are determined in accordance with
City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the
requirements and how K. Hovnanian will achieve compliance (Attachment 4).
Page 2 of 3
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is
affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this
report have been provided to K. Hovnanian.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8036
2. Resolution Approving Final Map and Tract Improvement
Agreement for Tract 8036, Neighborhood "C-1,"
Positano/Fallon Village, together with Exhibit "A,"
Agreement
3. Resolution Approving the Agreement for Long Term
Encroachment for Landscape Features for Tract 8036,
Neighborhood "C-1," Positano/Fallon Village, together
with Exhibit "A," Agreement
4. Resolution Accepting the Parkland Dedication In-Lieu
Fees and Credits for Park Land Dedication
Requirements for Tract 8036, Neighborhood "C-1,"
Positano/Fallon Village
G:\DEVELOPMENT, PRIVATE\Fallon Village (EDPO)\Tract 8036 - Braddock & logan\Staff Report FM 8036 8-17-10.DOC
Page 3 of 3
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OWNER'S STATEMENT:
iHE UNDERSIGNEO DOES NEREBY StAiE i1V~i Ii IS iHE OWNEft OF ALL iHE ~ANDS DELINEAIEp pND EMBRqCE~ WITNIN
THE BOUNOARY LINES UGON THE HEREIN EMBOpIEO FINAL MAp ENTITLE~~. 'TRACi 8036, CIiY OF DU6LIN, AIAIAEpq
COUNiY, CAUFORNIA', CONSISiING OF FOUR (4) SMEE75, iN15 STAiEMENT BEING UPON SHEET ONE (1) iHEREOF; TH4i li
FNS GIISED SAID MAP TO BE PREPAREp FOR RECOftD AND DOES CONSENi TO THE MAKING AND RECOROATION Of SAID
MAF~, AND iMAT SAIO MqP DOES PAqTICUW2LY SETS FORTry qND pESCRIBES A~~ LOTS BY THEIR NUMBER, 9EARINGS
AND DISTANCES, AND ~ESCRIBES ALL PqRCELS BY iHEIR ALPHqgETIC DESIGNqTIpN, BEARINGS, ANO DISTANCES.
ANO TNE UNDERSIGNED OOES HEREBY OEOICqiE TO TME PUBLIC TNOSE SiRIPS OF LANO DESIGNAiED'PUBLIC SER/ICE
EASEMENi' (PSE) AS SHpWry UPON SAID MAP, FOR iHE FURFOSE OF CONSiRUCTION qND MqINTENANCE pF
UN~ERGROUNDUilUTYSTRUGTURES,STREEiLIGHiS,PNDALLRELATEDAPpURTENFWCES.
ANO iHE UNOERSIGNED WILL ~EDICAiE TO iHE NOMEOWNEHS ASSOC~qiION THE AREA pF 1pND DESIGNATED AS
'PRIVATE LMDSG4PE EASEMENP (PLE), AS SHOWN UPON SA10 MAP,FOR iME PUftPOSE OF CONSiRUCTqN, ANp
MNNTENANCE OF LqNOSCMING, IRRIGAiION FACIIIilES, AND ALL RELAiED APPUftiENANCES, UNpER, ON, AN~ OVER
SAIO AqFq OF LqNO. Sqlp EASEMENt IS TO BE CONVEYEp BY SEPqRAiE INSTRUMENi TO THE HOMEOWNER'S
ASSOCIATION SIIBSE~UENT TO iHE FlLING OF iHl$ µqp,
ANO iNE UNDERSIGNED OOES MEREBY DEDICATE ip 7ryE PUBLIC THOSE PAftCELS OF lqNO ~ESIGW1iED AS •A,yqNiFA
WAY, CiPftIANI WAY, RAVELLO WAY, pND SpLERNO pftIVE', q5 SHONM qN0 EMBRAGED WITHIN THE 80UNpPRY LMES
UPON SAI~ MAP, FOR TME USES AN~ PURPOSES OF PUBLICStt2EET5.
ANO THE UNDERSIGNED DOES HEREBY RESERVE TO IiSELF, ANO i0 iHE ONMERS, RESIpENiS, AND OTHERS
DESIGNAiED BY THE HOMEOWNERS q550CIqTION, iME AREAS DESIGNqiED AS PppCELS A ANp B AS COMMpN AftEAS,
FOR TNE lISE OF, BVi NOT LiMIiED i0, UTILIiIES, ORl~INqGE, INGRE55 AND EGRE55, UN~SCAPING, ANO qLl
APPURTENANCES TO LAN~SCAGING. MAINTENANCE OF Sq10 PARCELS i0 BE THE RESP~NSIBILITV OF THE HOMEOVMER'S
ASSOCIAiION. SAID PARCELS ARE TO BE CONVEVED BY SEFARATE OOCUMENT TO iHE HOME~YMEft'S ~SSpC~qPON
SUBSEQUENi 70 7HE FltING OF iH15 M4P.
TMIS MAP SHO WS OR N07E5 ALL EASEMENTS OF RECORO, WIiHM iME BOUNDARY LINES OF iHE HEREM EMBODIED M4P.
IN WITNE55 WMEREOF, iNE UNDERSIGNED HAVE E%ECUTEO iH15 SiAiEMENT ON iHE DAY OF
- .. . .. . . .. . . . ... i010. -_.
ASOWNERS~. K.MOVNANIAN Aipp51TAN0,lLC,ACALIFORNWLIMITEOLNBILITVCOMPANY
BY: K. MOVN~NIAN DEVEIOPMENiS OF CALIFORNIA, MC., A C4~IFORNk CORPORATION, RS M~NAGER
PRINTEO N,1ME:
~_
OWNER'S ACKNOWLEDGMENT
STA7E OF CnLIFORNt4
COUN7VOf
~N 2010, BEFORE ME
PUBLIC,PERSONALLYAPPFjJiE~ A NOiARY
WHO PROVEp i0 ME ON iHE BASIS OF SATISFACTORY EVIpENCE i0 BE TME PERSON WMOSE NAME IS SUBSCRIBE~ i0
iHE WITHIN INSTRUMEN7AN~ ACKNO'ME~GED TO ME TFNT HE EXECUiED THE SAME IN HIS AUTHORIZED CAPACRY, AND
BY HIS SIGNAiUftE ON 7ME IN57flUMENi 7HE PERSON, OR ENTITY IIPON BEHALF pF y/HICH iHE PERSINJ AC7ED,
E%ECUTEOTHEINSTRUMENT.
I CERTIFY 11N0ER PENALTV OF PERIURY UNDER iHE lAWS OF iHE STAiE Of CALIFORNW TNAT THE FORECOING
PARAGRAPHISTftUEANpCORRECT.
WIiNE55 MYIWJD'.
SIGNATURE:
PRINiE~NAME,NOiA YPIIBLICINAND ORS410COUNiVµ05A
PRiNCIPAL COIINN OF BUSINESS:
COMMISSION E%PIRES:
COMMISSION p OF NOTFRY:
STATEMENT OF SOILS REPORTS•
TNE FOLIOWING GEOTECHNIGn1INVESiIG~tION REPORiS WERE PREPAftED FOR BRAODOCK 8 LOGAN GROUP 9Y ENGEO
iNCORPORAiE~ ~N~ARE ON FILE W17H THE CITY OF IXIBLIN,Ct~IFORNIq'.
1.PROJECt N0. db63.t006p1 DATED FEBRUAftY 24, 200J AN~ REVISEO DECEMBER 17, 2004 - PRELIMINARY
GEOiECMNICAI EXPLORATION. EASi DUBIIN PROPERilES, OUBLIN, CA.
1. PROJECi N0. 466J.1.00g 01 DAiE~ MARCH 10, 7pp5 . CORRECiNE GRADING PL1N5, PHqSE 1, BVIK GRq01NG, FALLON
VILUGE, DUBL~N, G.
3. PROJECt N0.466J.1 pp9.01 OAtE~ AVGUSi 11, Ipp6 - PIWSE 1 BULK GRADiNG COftRECTIVE GRAOING GIAN, FALION
VILIt~GE, DUBIIN, Cq.
C. PROJEC' a5W.~,ppg,pl DAiEO AUGUST, 2006 - CORRECiWE GRADING PUNS, PH45E 7 GRRpING, FA~~ON VILLAGE,
DUBLIN, G.
5. MARCM 2],1006 ~LERER~ FOUNDAiION AND PAVEMENiRECOM~NDAiqNS.
6. JANUAftv 4,10p] (IETTER) ftEVIEW OF GRADING AN~ IMPROVEMENT Pf/~NS.
~zoio ii:iwm MakMenen r~~a.~.~.,n .............._. ____
TRUSTEE'S STATEMENT
iME UNDERSIGNED, FIRST qMERICAN TITLE COMPpNY, A CALIFORNIA CORPORATION, A$ TRUSiEE UNDER iHE DEED OF
TRUSi RECORDEp ON APRIL 16, 1010 AS INSTRUMENT N0. 201010d978. OFFICNL RECORDS OF AIqMEDF COUNTY,
GALIFORNIq CONSENTS i0 iHE PREPARp710N ANO FILING OF iHI$ Mqp OF TRACT B0.t6.
~' BY: ~_
PRINT NAME 8 TIiLE: PRINi NAME 8
DAiE: _ DATE:
TRUSTEE'S ACKNOWLEDGMENT
STAiE OF CALIFOPNN
counrroF
ON 1010,BEFOREME
PE~' , A NOTARY PUBLIC,
SUBSCRIBED TO THE WITHIN INSTftUMENi pN0 ACKNOWLEDGEO TO ME THAT HFJSHE/THEY EkECUiED THE SAME IN
MiSMERRMEIR AUTHORIZED CAPACItt~IES~, AND BY NISMERrtHEIR SIGNATURE ON iHE INSTRUMENT THE PEft50N(Sj, OR
ENTITY UPON BEHqLf OF WMiCH TME PERSON~S) ACiE~, EI(ECUiE~ 1HE INSTRUMENT.
~ CERiIFY IINDER PENALiY OF PERIURY UN~ER iHE LAWS OF TME SiAtE pF CALIFORNt4 THAT TME FOREGOING
PARAGRAPNISTRUEANDCORRECT.
WIiNESS MY HqND:
SIGNA7URE:_
PftINiEO NAME, NOiARY PUBLIC IN AND FOR SAID COUNTV ANO SiAiE
PRINCIPAL COIINTV OF BUSINESS:
COMMISSION EXPIRES:
COMlAISSION A OF NOTARY:
SURVEYOR'S STATEMENT
iH15 MqP Wq5 PftEPPItED BY ME OR UNpER MY ~IRECTION qN0 IS BASE~ UPON A FIEL~ SURJEV IN CONFORMANCE WIiH
THE REQIIIftEMENTS OF THE SuBDIVI510N MAG ACTAND LOCPLORDINANCES AT THE REQUEST OF K. HOVNANIAN HOMES
NORiHERN CALIFORNIA IN JUNE,2010.1 HEREBY STAiE TH4i THIS FMAL MAP SUBSTANTIALIY CONFORMS i0 iHE
CONDITIONALLY APPROVE~ iENTAiNE Mqp, pND 7NAT THE SURVEY IS TRUE AN~ COMP~ETE AS SHONM, pN~ THAT ALL
MONUMENTS WILL BE OF 7HE CHARACTEF AN~ OCCUPY iME POSITIONS INOICATE~ PRIOR TO iHE ACCEPTANCE OF 7HE
IMPROVEMENTS, TMqT SAI~ MONUMENiS WILL BE SUFFlCIENT 70 EN4BLE THE SURVEY 70 BE REiftACE~, ANO TH4T THE
GROSS AREA WIiHM iHE TRAC715 16.687 ACRES, MORE OR 1E55,
~AiEO: 201~
~s No. ~eso,
REGI57RA710NEXPIRES: MARCN]1,1011
CITY ENGINEER'S STATEMENT
I HEREBV SiATE iHAi I MAVE EXAMINE~ iH15 FINAL MAP ENiIiLED'TRACT BpJ6, CIiY Of DUBIIN, AIAMEDA COUNTY,
CALIFORNW', AND TME SU6DIVISION SHOWry HEREON IS SUBSTANiIALLY TNE SAME AS IT APPEARED ON iHE APPROVEO
VEStING ~ENTAiNE Mqp qN~ ANY qPpftOVEO ALiERAilONS THEREOF', ANO iHAT qLL pROVI510N5 OF THE SiATE lAW
AN~ LOCAL OR~INANCES APP~ICABLE AT THE iIME OF APPROVAL OF THE VESTING iENTATNE MAP F1qyE BEEN COMPLIED
WITM.
K. . I I DATE~: 1010
R.G E. N0. J495J, EXPIRES SEPiEMBEH J0,1I117
Cltt OF OUBIIN, ALAMEDA COUNtt, CALIFORNLA
ACTING ASSISTANT CITY ENGINEER'S STATEMENT
I HEREBV SiATE 7HAT I HAVE EXAMINED iH15 FINAL MAP ENTIILED'TFACT 8031, CITY OF ~UBLIN, AlAMEOA COUNtt
CALIFORNIA', ANp I AM SATISFIEO TMqi iH15 FINAL MAP IS TECHNICALLY CORRECi.
w. ~, i i onreo: zoio
R C.E. N0. 32371, E%PIRES DECEMBEft ]t, 2010
CIiV OF DUBLIN, ANME~A COUNIY, CPIIFORNW
CITY PLANNING MANAGER'S STATEMENT~
iHiS MAP CONFOftMS i0 THE VESTING iENiqiIVE MAP ANp CORRESPONDING CONDITIONS AS PPPROVED BY 1HE
PIANNING COMMISSION_ THIS MAP HAS BEEN REVIEWED BV ME AND iHE CONOITIpNS OF APPROVAI W1VE BEEN
SATISFIEO.
~ R Y K , IN ~ATED:
CITY CLERK'S STATEMENT~
I, CAROLINE SOTO, CIiY CIERK AND CIERK OF TME COUNCR OF THE CIN OF OUBLIN, COUNiY OF qlqMEDA, STATE OF
CALIFORNW, DO HEREBY STRTE THAT THE HEREM EMBOOIED FlNPl MAP ENTITLED: TRACi BOJ6, CIIY pF OUBIIN,
AWM1£DA GOVNTY, CAIIFORNW', CON51571NG OF FDUR ~4) SHEETS, 7MI5 STA7EMENi BEING UPON SMEEi ONE (1)
iHEREOF, WAS PRESEN7ED TO SAID COUNCIL AS pRpylpED BY RESOIIRKKJ N0.
DFY OF I010, ANp iNqT SAID COIINCIL DID iHEREIIPON APPROVE SAIOEFMPL MAPAND DID
ACCEPi, SlIB1ECT iOIMPROVEMENTS, ON BEHPiF pF THE PU9LIC,'MWNiEA WAY, CIPRIANI WqY, RAVELLO WAY, qNp
SPIERNO pRNE', ANO iME ARFA OESIGNAIEp q5 PUBLIC SERVICE EASEMENi (PSE~, ANO SAIO COUNC0. ALSp Dlp
A9ANppry IN ITS ENTIRETY WITHIN THE 9pUN0ARIE50F THR MpP TryE qpEpDESIGNATED AS PU9LIC SERVICE EASEMEM
(PSE) AS SHOWry ON TRACT 7851, ftECORDEO IN BOOK 703 OF MApS, Ai PAGES 6 iHROUGH 15, AIAMEpp COUNiV
RECORDS, IN ACCOR~ANCE WI7H AFTICLE 1, SEC710N 66131~p) OF THE SUB~MSION µqp qCT.
I FURTMER STATE TH4i qLL FGREEMENTS AND SI/RE7Y PS qE~UIRED BY LAW TO ACCOMPANY iHE WITHIN FINAL M4P
MAVE BEEN APFROVEO BY THE Cltt COUNCIL ~F THE CITY Oi OUBLW AND PRE FREp IN MY OFFICE. .
IN WIiNE55 WHEREOF, I HAVE HEREUNiO 5ET MV MANO TH15 _ pqypF __ _ p~~
CAROLMESOiO
CITY CLERK ANO CLEftK OF iHE
CIiY COUNCIL OF TME CITY Of WBLIN,
COUNiV OF ALAME~A, STA7E OF C~LIFORNIA
CLERK OF THE BOARD OF SUPERVISORS' STATEMENT
SiAiE OF CALIFORNIA)
COUNiY OF AUMEDA)
I, CRYSTAL K. HISHIDA, CLERN OF iHE BOAR~ OF SUPERVISOftS FOR iHE COUNTV OF qIqMEDA, SiA1E OF CALIFDRNIA,
~0 HEREBY SiAiE, AS CHECKED BELOW, iHqT:
^ AN APPftOVED BONO HA$ BEEN FILE~ WIiM THE SUPERVISORS OF SAI~ COVNiY AN~ ST~iE IN iME AMOUNi OF
t.._ ._ CONDITIONEO FOR THE PAYMENi OF ALL iA%ES AN~ SPECIAL p55ESSMENTS CpLIECTEp ~5 TN(E5,
WHICN ME NOW A IIEN AG41NSi SAIO UND OR ANY pAqi iHEREOF BUi NOT YET PqY~BLE, AND WA$ OIILY
APPROVED BY SAIO IOCAL BOARO IN $AID AMOUNT.
^ ALL tAXES AND SPECIAL ASSESSMENTS COLLECiEO AS iA%ES MAVE BEEN PpID ~S CEftTIFIEO BY THE
TREASURER-iAX COLLECTOR OF iHE COUNtt OF AlAMEDA.
IN WIiNESS WHEREOF, I HAVE HEREUNTO SEi MY HANO THIS __ ppy pF __, p~~
COUNTY RECORDER'S STATEMENT
CRYSTAL K. HISHIDA
CLERK OF iHE BOAROOf SUPERVISORS
COUNTY OF qLAME~A, STA7E OF CALIFORNW
BV:
DEPUTYCOUNTVCLERK
FILE~FORRECORDTHIS pAVOF tp1~AT M.,IN9pp1(
P~~S iMROUGH UNDEftSERIESN0.2(p ~M~SNT
FIftSi AMERICAN TITLE COMPANY IN TME OFFICE OF TNE COUN7V RECORDER OF THE COUNTY OF AI.AME~A~STAiE OF
CALIFORNV.
FEE: f_. _ _ _
PAIRICK 0'CONNELL
COUNiY RECOROER IN AND F~q THE LWNtt
OF ALAMEOA, STAiE OF CALIFORNLA
BY:
~~Llll~ a,,, a
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~ r
4~ ~ ~
TRACT 8036
A SUBDNISIDN OF LOf Ll1E AGIUSiIEM OB-04 R6ULTANT
PMCQ M2 AS RECqipEp IH 5~ M~,g~
~~~ HA~~ C~r ~C~S
~ ~ ~ ~
N~IQ.M O~MfYr GLFptNA
l1~~~
JUNE, 2010
OF 4 .____
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1. TME Ef~ECI 0~ A DOCUMENT ENiIiLED'INlERIM ACREEMEN~ BE7MEEN iME Gtt Of DUBIiN NA
TOLL G A, LP. FOR /J2[~5 M6 NID A-7 Of OUBLIN RANCH M(A A', RECORDED JULY B, 200]
INStRVMENT Iq. 7pp1-zg~559 D~ O~FICIIL RECONOS.
I. iHE IERAIS µD PflON5lON5 CONTAIryED M IHE OOCUMEM ENIIiL(D DEVELOPMENi /~REEMENI
PRqIELN RECOR ED~EBRU~MY DIO 2DD61 N RUME TrOIiO.~ 2pp6-055123 OF OfFICl1L p Cpp05.
iNE iERMS AND PRONSIONS CON7NNED IN iHE DOCUUENi ENilil[D ASSICNNENT 0~
DEVELOP4ENi AGREEYENi RECORDED ,UNUARY 17, 7ppg /5 INSiRUMENt N0. ~OOg-pp8023 OF
ornc~ aECOaos
RiCNiS INO ASSUMP ONI Of OBUGiqN5~I1NDEflDDEVEMO NENTI~i1G CENEM RECOROED MR0. i6,
2D10 AS INSTRUMEN7 N0. TO10-70~977 pFFlCNl R[COflDS.
3. iHE 7ERM5. PRWi5lON5. IND FASEUENT(S) CONTUNED IN iHE OOCUAIEN~ ENTiRED lEUPqtARY
CRADING AND CONSiRUCiION FASEYENt kECORDED SEPi[YBER IS, 7005 I,5 ~rySiRUMENf N0.
2006-J50296 OF OFFICUI RECDRDS.
4. TME lERMS IND PRONSIONS CONTAMEO IN iHE DOCUMEN7 ENiIiLED NOTICE O( ESIABLISHMENi OF
DUBUN RANCH FASi SIDE SiDRN DRVN BENEFli p15TRIC7 RCCOFDED MRI~ 30, 2007 ~S
INSTRUMENT N0. 1pp7-15g693 Of OFFICIµ RECOR~S.
5. THE iERMS, PRO'vl$IONS IND FASEMENi(S) CONiAINED IN iME DOCVMENi EN71iLED TEYPORARY
CRADINC AND CONSiRUC1lON FASEMENi flECORDED JUIY 11, 1pp7 q5 p.~5iRU11ENi N0.
2om-zs~mo or ovncw accoans.
6. iHE iERMS, PRpa15lON5 MID FASEMEN7(5) CONIAINE~ iN iHE DOCUMENi ENiIiLED TEMPDRAAY
CRADING AND CONSTRUCTIDN FASEMENi RECORDED JULY 12, 2pp7 ~ ~NSiRUMENi N0.
zom-zs~on Of OFFlCIAL RECORDS.
7. iME iERA15 AND PRONSION CONiNNED M iNE DOCUMENT ENirtIED NCMORANDUM OF AfFOR0.~BLE
HOUSINC ACREEMENf FOP THE CON57RUCiqN 0~ Iry~~U510NARY I1N115 AND PAYMENi Of fEES IN
IIEU OF CONSTRUC710N INClUS10NARY MOUSINC UNIiS RECDRDE~ JuLY 13. 1007 IS Iry57qI1NEM
ND. 2007-259165 0~ O~fIC41 RECORDS.
iNE TERMS ,WD PROYI51ON5 CONiAINED IN ME DOCUMENi ENiI7LED'ASSILNMEM OF RIGH75 AND
ASSUNPiION Of OBLIGAiIp15 UNDER IfFORDIffiE HOUSMG ILFEEAIENI' RECORDEO MPo~ 16, 2010
AS INSiRUMENi N0. 201D1W976 OF OFFlCIAL aEC~RDS.
8. iME 7ERA15 ANO PRONSIONS CONiAINED u! IHE DOCUNENi ENiIi~ED MCNORANDUM 0~ AG~OR0.~.HlE
HDUSING ACREEMEN~ fOR THE CONSiRUCiqN pF Iry~LUSIONAItY Hql$ING UNIiS RECORDED
DECEMBER 19, Zppg /5 INSiRUMENi N0. POOB-J56685 DF OffIC41 RECORDS.
iHE iERMS AND PROYt5lON5 CONUINED NJ iHE DOCUMENI ENiIiLED'ASSiLNMEM D~ Ri~M75 AND
ASSUMPiION OF OgLICA1qN5 IINDEIi PiFORpdgLE MOUSiNC ILflEEMENI" RECORDEO MmL 16, 2010
AS INSiFUYENi N0. Z01010~976 OF OfFICIAL NECORDS.
9, iHE iERA15 PND PRONSi0N5 CONiAINED M ME ~OCUMEN7 ENiI7~ED MCMORANDV4 OF
SUBSEOUEtf~ AFfORk1gLE HOl51NG /~LREEMENT FOR iHE CONSiRUCT10N OF INCWSIOWWY UNItS
AND PAYNENi OF FEES IN lKU OF CONSTRUCiINC INCLUSIONNY HqyA~ ~ryli5 RECOFDED
JANUARY 15, 2009 AS INSiRUNENi N0. 2009-OW590 OF OFTI~I,1L RECORDS.
10. TME lERMS AND PRONSIONS CO NTAI N E D I N i H E D O C U M E M E N i l i l( D N E 4 0 R A N ~ U M O F A~ F O R d~ BI E
HDUSING ACREEMENT ~OR ME CONSiRUCiION DF IH~~~SIDNANY UNIiS UID PAYMENi OF fEES IN
LIEU Df CONSiRUCiINC INCWSION4flY MOU51NC UNiiS RECORDED JULY 01, 1009 AS INSiRUMEM
N0. IOD9-210i17 OF OfFlCIAL RECORDS.
TNE iERMS ANO PPpy1510N5 CONi/JN[D IN !HE DOCUMENi ENililE~'A59LNMEM Of ftICMiS µD
ASSUAIPiION OF pg~ICAiIDNS IINDEF IFFORMBLE NOUSINC IGREE4ENr RECORDEO MRIL 16,
2010 AS INSiRUMENT N0. 101D10~976 OF OFfICVl RECORDS.
I1. THE iERMS AND PROVIS~ONS CONiNNED IN iHE DOCWEM ENiI7LED'MEMORANDUM 0~
AFfORD/~BLE HOUSING ACREEMENi ~OR iHE CONSTRUC710N Of INCLUSIONARY UNITS AND P~YMENi
OF fEES IN UEU OF CONS7RUCiINC INCWSIONAR'! HOUSING UNItS RECOPDED NDVEMBER f3,
2009 AS MSTRUMENi N0. 1009-}5gi2g OF OiFICI,LL RE[OR~S.
iME TERM$ µ0 7RONSIDNS CONiAINED IN iHE DOCUMEM CNTIiLED "ASSICNMENT OF RIGNiS u1D
/SSUNPiIDN OF OBLICUqNS UNDEfl IFFORDABLE MOUSING AGREEA1ENf RECORDED PPPoL 16, 1010
AS INSiRUMENT N0. 2010101976 OF OFFlCUL RECORDS.
II. iHE 7ERM5, PRWISIONS M1D FASEMEN7(5) CONiNNED IN TIIE ppCUMENi ENiIiLED ~iEMPORMf
GRAOINC AND CONSTRVCiION FASEMENY q[CORDE~ MR2 16, 2010 AS INSTRUMENi N0.
2010-I04974 D~ OFfICUl RECORDS.
13. iHE 7ERA15 AND PFOVISIONS CONiAINED IN iME ~OCU4ENT ENilt~[D'N E R C H A N i B u I L ~ E R
DECLVLIiqry fOR POSITNq' RECORDED MRIL 16, 2010 AS INSipUMENT N0. 1010109975 0!
OG~ICVL RECORDS.
dNGtEP0~N1 TRACT 8036
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w~Nr ~~ wr~u,~Nr A SUBDMSION OF LOT LME ADJUSiMENi 09-04 RESUITANi
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VRpPEXiY ~I~E ZOIO-046558 AIAMEDA COUNtt RECORDS
VqIYAiF LRNDSCAPE EASE~.FNL CITY OF DUBLIN
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IOIO-046559
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2010-OBD171
THE BASIS OF BFARWCS SHOWN HEREON, 6 iHE UNE BE~IYEEN
USC&GS iRWICUU110N SiA7lON5'FAIIpM /,ND ~MDUNi DIABLO
ibNER'. iHE GRID BEMINC fILWIAiED ~ROd PUpLSHED CCS
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Noan~ is•<~•it w[st.
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1. R! F/SEUENt FDR MCRE55 M!D ECRE55, CRAHfED 10 F~LLON ENiERPiASES, ~NC., A
fI11FDRNN CORPOMTION, RECORpED JUIY I1, 1970, SERIES N0. 77310, REEL t65B OR,
iWGE }}5.
2. A NOry-E%CWSIYE TEMPoWJfY FA$[MENi LYING WIiHIN PARCEL N-I OF $4D iRILi 7854,
OVFR ANO ICROSS VMCEL C ANO D OF PMCEL MAP 9708, Fl~ED SEVIEMBER 6, AUP
BJON 191, PAGE 16 AND 17, AUMEDA COUNIY RECORDS, GON ME 7URFOSES O{' MANINC
LUTS AND/OR P~INL FI~~ /~D CONDUCTINC LONSiRVCiION AND 7HE NECESSIRI'
INGRE55 AN~ EGRESS NECESSARI' FOR SULH AC7M71E5, AS GROMED IN i1UT CERIPIN
TEMPORARY GRApING MID CONSiRUCiION FASEMENi REWRDED SEPIE4BER 15, ]006 ~5
SEPoES N0. 2006550296.
S. A NON-EXCLUSNE , iEMPORMT [~$EMEN7 fpR THE COM~E7ANCE OF NATURFL S7pRA1
WAiER RUNOFF µD IRRIGAiION WATER OY[R TMOSE PORilONS OF iHE PflOPERtt A$
DESCRI~D IN iHE EASENENi CHpl~i DEED RECOADED .WIUARY 1D, 2ppl /5 INSiRU4ENI
N0. 1003-<7957. O~FICVL RECORDS W AWAEDA COUNtt.
1. A NON-EXCWSIYE FASEMEN7, MPUI7TEWW1 i0 PMCEL A-1, LYING WIiHIN PARCEL I-I
OF $AID iMCT 785~, FOR PRIVAiE MGRESS NJD EGRE55, AND I1L PIMATE Ui1LITIES,
INCLUqNC KL REUiEU IPPUFTENPNCES, OVER iHpSE PoRIIONS OF VARCEL A OF PARCEL
MM 9208 DESIGfUTEO '86' PRfVAiE ACCE55 IND Uf1lIiY C/SEMEN7 (PNIE FOR P/,ACElS
B, C, R DY AND'PAUE fOR PMCELS B. C, @ D ON SND PAACEL MAP, AS SPEC6IED IN
THE OWNEk'S CERiIFIG1E OF PARCEL NAP 9Z08, Syp [ASEMENi 51U~L1 AU70AUPCALLY
iERUINeiE I/PON ACCEPiANCE Of iME'1RREVOG~E OF~[R OF DEDIUipH' fpR PUBUC
STREE75 BY 7HE Citt 0~ DUBLIN, OR MT FUiURE PUBLIC SiREEf DEDIGiqN TO ~HE
Cltt OG DUBUN OVER iNOSE AREAS CO~NCIDENi WIiH M( PRrvAiE ACCESS N1D Uiltltt
FASEMENi.
'i.~uL BFMINGS SNOWry ME 6SSED I/PON CILIFORNN
COOROIN4iE SYSiEM ZONE IA.
2. ILL DISTANLES SHDWN ARE CROUND IEVEL DSIIW~ES,
MUITIP~Y DSi/~NCFS BY 0.9999051 i0 OBiNN CPoO DISiPNCES.
3. 3/d IRON PIpE 10 BE SEi Ai ALL RFM LOi CORNERS, WITH
CAP SiANPED "l5 796(Y.
LEGEND
----- BOIINDMT UNE
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---- E%ISTING RICMi OF WA7 LINE
- - - - - - E%IS71NG PROPERII' LME
--- 40NUMEN1 LINE
O FOVND CIiY pF DVBIIN STREC7 MONUMEM
SiAMPE~ 'LS 796p"
fD11N~ ~ IRpN PIP[ WIiH GP STqMPED ~LS
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~ SEI Cltt OF DUBUN STANOMD SiREEi
MONUMENi SiMIPE~ "l5 7960'
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BNDY BOUNDARY
M-4 MONUNENT TO 110NU4ENi
N-PL MONUMENI iD PROPERtt ~ME
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PSE FUBLIL SEHNCE FASEMENT
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TRACT 8036
A SUBDMSiON DF LOT LINE ADJUSTMENT 09-04 RESULTANi
PARCEL A-2 AS RECORDED IN SERiES Nl1~ABER
2010-046558 ALAAIEDA COUNtt RECORDS
Citt OF DUBLIN
ALAIAEDA COUNTY, CALIFORNIA
mac~Y s~ somps
~~. ~, ~ ~~ u wm u~~-«.~
JUNE, 2010
1931
~
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H6~-• w" - tlNDy ' '~YS'pp'w , REFERENCES
y~~ ~8.08' 6~.~6' pN~ N)g~? (R-1) RECORD 0~ SURJEY No. 1005, &c. 16 R0.5., PC. 37-51 LEGEND
o`'~ ~~~~9' ~ 3.07' ~~8~35' ~w ~wlEfH COUNtt RECORDS - BOUNp4tY uNE
~064 ~8'S8 ~Y (R-4) iRAC7 7q51, BK. 303 Of MIPS PC. 6-IS MAMEDA COUNtt
~ ~, ~ ~z~rsr~. RECORDS _ _ ~~T ~INE/PMCEL LINE
- [xisnnc ~ncnr or wr,r uH[
~+ ~} ~ ~ m . ~8.9j~ •~'~~~ Bry~ (R-3) 7RA~T BON, BK. 305 OF WtP$ PC. k-57 AIAAIEDA CDUNtt ------ E%ISTINC PROPERtt LINE
_~ ~OOi~ 2 SF - ~ - ~ RECOIiDS
9t164 SF e _ J'. 73 •. ------- 40NUMENi LME
~/ 5~ - ~60~ Ay~ (R-4) LDi ~qE ApJI15iMENi No. LU-09-01, SERIES No.
~] t° 52 ~~ t~' ~ ~ /~. ~U No. 10-01 2010-Oa6558 ~ FOUND Cltt OF DUBLIN StREET MONUMENt
W b 97~ t~ ~ :l' G7' RESUL7ANT PARCEL C-2
~~/ ~ S3 ~ ~ g~~5 } y = h . Qy~N (R-5) l0i LINE ADJUSTAIENi Na. LU-10-O1, SERIES No. SiAMPE~'t5 796U
~ 54 . SERIES ND. 201D-08027I FWND IRON VIVE WIiH GP S~UAFED'l5
e, zoio-oaozza
"~. ~ ~O ~ 55 9571 2 Sf' ~ ,~, O
6~ ~, ;.~ Np1E5: 7960~ UNLE55 OIMETYISE NOiED
~~ B' PSE b, 0 56 ~ Q' ~01N 2 5~ ~~ 1. PLL BFMINGS SMOWN ME BlSED UPON CILIiORNk SEf Cltt Of DUBLIN Si,1NpWD STREEI
L=<a.15' h y 5~ ~ ^ ~p~ ~'S COORDiN41E SIStEM ZONE III. ' ~ NONUMENT SiAMPED'LS 7960'
z J- ,4, I0.100 f S1 ~18~ ~ ]. ILL DISiMlCES SMONN ME GROUND LEVEL DISIANCES, ~-- ANGLE PpINi
~ =1J8' ~- _ ~~ ~9' " +~~ ~ MVLiIPLY DISTIHCES BY 0.9999054 70 OBiNN GRiD D6iANCES. BNDY BOUNWRf
g~.~u` ,'-~^ N83°~3'04 W ~6i _~'45;06' (_54 ~ rO '' S8 ~ ~~ J. 3/4" IRON PIPE i0 BE SET Ai rLLL RFM LOT CONNERS, WIiH
.5~' R<gd ~'~~°II'p~•. C=q~ °~ h~ .,,P 3~'~~/.$~ CAP SIANPED'l5 7960'. 4-N 40NUMEM i0 MONUMENT
N-Pl MONUMENi TO PFOPERIY LINE
~ n' P ~ R°211.pp'JO W'I61~54' y'~ ~ 4 d-~876 q~= J9r3zJ~~ ~` 6. = n 59 ~ SF : EQ 'r3 /flW00NYCN~ NOiE. PL PflOPERtt UNE
~°9'OS'S6' --~J-HZ8',5 I ~e' d=06pJ0~ ~o~ ~a \`~' ~ PUFSILWi i0 ARi1CLE I, SECiION 6643~(g) OF ~lE PRNATE LWOSCAPE E/SEMENi
_ N ~~ 4~W ~ ~=J5.26' ~'1~ y Rm 6:71• ~` =•V „e' ` S3 iHE SUBDMSION AUP ACi, THIS MM 5141L PSE PUBLK SERVILE EASEAIENi
~ v ~ - _ "%R_B os ~~'~j _~ ~1B•d p d,~p~665 y`~ ~~ b776 i Y ~h ~sy. LONSiRUtE TME AH4NDONMENi IN fi5 ENitREtt. (R) ~Ul BFARINC
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_° 2" ~'~ '~ _ i °~4.~~; ;' : ~~~8~ ~ R~ TRACT 8036
iHE BASIS Of BEARIIfCS SHOWN NEREDN, IS iME LME BEIWEEN ~ ~
115CkG5 IRUNGUU110N SUTIONS'FA.L01( AND ~NOUNI DU9L0 ? ~ ~~ n~0 \` 1 3~ ~ ~ ~ A ISUBDNISIDN DF LOT LWE A0.JUSTMENT 09-04 RESULTANT
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NORiH i5•u'Zi' wEST. O ~ CI1Y OF DUBLIN
f N06'45~19W~R~ `I ~ ~ALA^MED~A /C~OUNtte, -CAcLIFORNIA
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oe-w-:o~o ~w.~ uo,w .me~, o:Vs~re\Mrwer eonsVwa.m~c ~ n. JUNE, 2010
SHEE7 4 DF 4 19319-O1C
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RESOLUTION NO. - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 8036, NEIGHBORHOOD C-1, POSITANO/ FALLON VILLAGE
WHEREAS, the Final Map for Tract 8036, in the incorporated territory of the City of Dublin,
State of California, has been presented to this City Council for approval, all in accordance with provisions
of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and
WHEREAS, the Developer, K. Hovnanian at Positano LLC, a California Limited Liability
Company, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8036
to improve required subdivision improvements in accordance with the Conditions of Approval for the
Tentative Map, and with the improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Bond
Safeguard Insurance Corporation in the amount of $1,638,410 for the in-tract improvements (Bond No.
5037667), conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Bond
Safeguard Insurance Company in the amount of $1,638,410 for the in-tract improvements (Bond No.
5037667), conditioned upon payment for labor performed or material furnished under the terms of said
Agreement;
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby approved.
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby authorized
to execute said Tract Improvement Agreement, attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the Final Map of Tract 8036 be and the same is hereby
approved, and that rights to the areas marked as Amantea Way, Cipriani Way, Ravello Way, Salerno
Drive, and Public Service Easement (PSE), offered for dedication to public use in conformity with the
terms of dedication be, and they are hereby accepted, subject to improvement, and that the Clerk of this
City Council is hereby directed to transmit said Map to the County Recorder for filing.
1 ATTACHMENT 2.
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V
PASSED, APPROVED AND ADOPTED this 17th day of August, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:~DEVELOPMENT, PRIVATE~Fallon Village (EDPO)\Tract 8036 - Braddock & Iogan~Reso FM 8036.doc
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CITY OF DUBLIN
IMPROVEMENT AGREEMENT
Tract 8036, Neighborhood "C-1 ",
Positano/ Fallon Village
This agreement is made and entered into this 17th day of August, 2010, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
K. Hovnanian at Positano LLC, a California Limited Liability Company, hereinafter referred to
as "DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State
of California, that DEVELOPER, the subdivider of Tract 8036, also known as Positano/ Fallon
Village Neighborhood "C-1", desires to improve and dedicate those public improvements
(hereafter "The Improvements") in accordance with the requirements and conditions set forth
in the City of Dublin Planning Commission Resolution No. 05-61 (PA 05-038), adopted on
November 22, 2005, and City Council Resolution No. 223-05, adopted on December 6,
2005 ;the requirements of the Subdivision Map Act of the State of California, the Subdivision
Ordinance of the CITY, and those certain plan and specifications for said development
approved by the City Engineer, as follows:
• "lmprovement Plans , Tract 7855, 8036 and 8037 - Fallon Village, Neighborhood C';
(29 Sheets, Sheets 1-29), prepared by MacKay and Somps, Inc, approved April 14,
2010
• "Joint Trench Composite, Fallon Village C9 (3 Sheets, Sheets JT1-JT3), prepared by
Millenium Design and Construction, Inc, approved July 2010
•"StreetLighting, Fallon Village C1 (4 Sheets, Sheets SL1-SL4), prepared by Millenium
Design and Construction, Inc, approved July 2010
• "Positano Neighborhood C Landscaping'; (31 Sheets, Sheets L0.1-L4.1), prepared by
Gates and Associates, approved July 2010
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of The Improvements in consideration for DEVELOPER's satisfactory performance
of the terms and conditions of this Agreement; and
WHEREAS, CITY has determined that The Improvements are a public works subject
to California prevailing wage requirements:
EXHIBIT ~
To the Resolution
~~ ~
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this agreement. DEVELOPER shall complete
said work not later than two years following said date of execution of this agreement, unless
the completion date is extended by the City Council. Time is of the essence in this
Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as-built plans of The Improvements, including any authorized
modifications.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be as presented in the Bond Estimate - Fallon Village - Neighborhood C1, dated
April 2010 prepared by MacKay & Somps ($1,638,410), and within the limits shown on the
Fallon Village Neighborhood C and La Strada Drive - Positano Final Map and Bonding Key,
attached to this agreement as Exhibits "A" and "B". Said amount includes costs and
reasonable expenses and fees which may be incurred in enforcing the obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the Following security in a form satisfactory to the City Attorney:
A. Faithful PerFormance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure GITY that The Improvements will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one-hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor.
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surFace water drainage of the subdivision shall not
interFere with the use of neighboring property, including public streets and highways.
b a~
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform to the provisions of
Chapter 5 of the Subdivision Map Act.
3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, all insurance required under this paragraph
Prior to the commencement of work under this Agreement, DEVELOPER's general contractor
shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph DEVELOPER shall not allow any contractor or
subcontractor to commence work on this contract or subcontract until all insurance required
for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and
approved. Said insurance shall be maintained in full force and effect until the completion of
work under this Agreement and the final acceptance thereof by CITY. All requirements
herein provided shall appear either in the body of the insurance policies or as endorsements
and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liabilitv and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form
CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1"any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less
than:
1) General Liabilitv: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liabilitv: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3) Workers' Compensation and Emplovers Liabilitv: Workers'
compensation limits as required by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per accident.
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C. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liabilitv and Automobile Liability Coveraqes.
a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activities performed by or on behalf of the DEVELOPER;
products and completed operations of the DEVELOPER;
premises owned, occupied or used by the DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
DEVELOPER. The coverage shall contain no special limitations
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials, employees
and volunteers. Any insurance or self-insurance maintained by
the CITY, its officers, officials, employees or volunteers shall be
excess of the DEVELOPER's insurance and shall not contribute
with it.
c) Any failure to comply with reporting provisions of the policies shal
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2) Workers' Compensation and Emplovers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses arising from
work perFormed by the DEVELOPER for the CITY.
3) All Coveraqes.
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, fias been given to the CITY.
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a) Acceptabilitv of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII.
b) Verification of Coveraqe. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and
approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its
policies or shall obtain separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
4. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one-
year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and
materials actually appear during the one-year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year [HOLD]to insure
that such defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall
have the right, but shall not be obligated, to repair or obtain the repair of the defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair.
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship
or material covered by the foregoing guarantee results in a condition which constitutes an
immediate hazard to the public health, safety, or welfare, CITY shall have the right to
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
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hazards to health and safety shall be deemed to include either temporary or permanent
repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses
for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30)
days from the date of billing for such work or repairs.
5. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representative for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by DEVELOPER and replaced to the
satisfaction of CITY without any expense to CITY in strict accordance with the improvement
plans and specifications.
6. Aqreement Assiqnment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY, which shall not be unreasonably withheld, denied, or delayed.
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if
DEVECOPER should be adjudged as bankrupt, or should make a general assignment for the
benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER,
or any of DEVELOPER's contractors, subcontractors, agents or employees should violate
any of the provisions of this Agreement, the CITY through its City Engineer may serve written
notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of
this Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety
shall have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the perFormance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion,
by contract or by any other method CITY may deem advisable, for the account and at the
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expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages
and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such
event, CITY, without liability for so doing, may take possession of, and utilize in completing
the work, such materials, appliances, plant and other property belonging to DEVELOPER as
may be on the site of the work and necessary therefor.
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925)-833-6630
Notices required to be given to DEVELOPER shall be addressed as follows:
Richard Balestreri
Vice President Land Acquisition and Planning
K. Hovnanian Homes, Inc.
Sacramento, CA 95815
(916)- 920-0200
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Bond Safeguard Insurance Company
900 S. Frontage Road, Ste. 250
Woodridge, IL 60517
630-495-9380
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
8. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all
streets and improvements within the work to be perFormed under this Agreement shall be at
the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy
permit by CITY for dwellings located within the tract shall not be construed in any manner to
constitute a partial or final acceptance or approval of any or all such improvements by CITY.
DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or
occupancy permits when the work or its progress may substantially and/or detrimentally
affect public health and safety.
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9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as
may be necessary to prevent accidents to the public and damage to the property.
DEVELOPER shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work
to be perFormed under this Agreement, all fences, barriers, regulatory signs, warning lights,
and other safety devices (except such safety items as may be shown on the plans and
included in the items of work) shall be removed from site of the work by the DEVELOPER,
and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as-built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated
representative, shall examine the tract work without delay, and, if found to be in accordance
with said plans and specifications and this Agreement, shall recommend acceptance of the
work to the City Council and, upon such acceptance, shall notify DEVELOPER or his
des.ignated agents of such acceptance.
11. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material, process
or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be
liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including
attorneys' fees and court costs, which may result from the use of said patented or copyrighted
material, process or publication.
12. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of
this Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby
waive the provisions of Section 2819 of the Civil Code of the State of California.
13. Liabilitv,
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work will be perFormed in a proper manner.
DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and
each of its elective and appointive boards, commissions, officers agents and
employees, from and against any and all loss, claims, suits, liabilities, actions,
damages, or causes of action of every kind, nature and description, directly or
indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
1~~ `~,~
independent contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
1) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold harmless
agreement, because of the acceptance by CITY, or the deposit with CITY by
DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered, or alleged
to have been suffered, by reason of any of the aforesaid operations referred to
in this paragraph, regardless of whether or not CITY has prepared, supplied
[STAYS], or approved of plans and/or specifications for the subdivision, or
regardless of whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims for damages.
3) Desiqn Defect. If, in the opinion of the CITY, a design defect in the
work of improvement becomes apparent during the course of construction, or
within one (1) year following acceptance by the CITY of the improvements, and
said design defect, in the opinion of the CITY, may substantially impair the
public health and safety, DEVELOPER shall, upon order by the CITY, correct
said design defect at his sole cost and expense, and the sureties under the
Faithful PerFormance and Labor and Materials Bonds shall be liable to the CITY
for the corrective work required. [STAYS]
4) Litiqation Expenses. In the event that legal action is instituted by
either party to this Agreement, and said action seeks damages for breach of
this Agreement or seeks to specifically enforce the terms of this Agreement,
and, in the event judgment is entered in said action, the prevailing party shall be
entitled to recover its attorneys' fees and court costs. If CITY is the prevailing
party, CITY shall also be entitled to recover its attorney's fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3.
14. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By:
Joni Pattillo, City Manager
9
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~
ATTEST:
City Clerk
DEVELOPER
K. Hovnanian at Positano LLC
A California Limited Liability Company
By: ~ ~2 ~(~
.
SENIOR V.P., LAND
Title
G:IDEVELOPMENT, PRIVATE1Fallon Village (EDPO)ITract 8036 - Braddock & IoganlTract 8036 improvement agmt.doc
10
macKaY~ somps
ENGINEERS PLANNERS SURVEYORS
BOND ESTIMATE
FALLON VILLAGE - NEIGHBORHOOD C1 - 78 LOTS
This Bond Estimate is based on Improvement Plans dated April 2010
TRACT 7855 - CITY OF DUBLIN
ITEM QUANTITY UNIT DESCRIPTION
UNIT PRICE AMOUNT
A. STREETINORK
~• 210,580 SF Finish grading street
2• 25,100 SF 4" AC Pavement on Salerno 0.30 $63,170
3. 102,780 SF 3" AC pavement on all other streets 1.60 40,160
4• 25,100 SF 14" AB on Salerno ~.20 123,340
5. 102,780 SF 12" AB on all other streets 2~10 52,710
6• 43,810 SF 4" AB under sidewalk and drivewa includes
Y ~~ ~•80 185,000
handicap ramps) 0.60 26,290
7• 10,830 SF 4" AB under curb & gutter
8~ 25 EA Standard City of Dublin street monument 0.60 6,500
9• 5 EA Stop and street name sign 300.00 7,500
10. 5 EA Stop bar & legend 450.00 2,250
11. 5 EA Traffic signs 600.00 3,000
12• 10 EA Pavement reflectors at fire h drants 220.00 1,100
13. 15 EA Storm drain markers at catch basins 25.00 250
14. LUMP SUM Erosion Control 25.00 380
15. LUMP SUM Traffic striping 4,500
2,000
ESTIMATED TOTAL STREET WORK:
$518,150
B. CONCRETE WORK
~• 7,220 LF Standard curb & gutter measured thru driv
2~
15
EA eways
Curb inlet for S.D. junction box 14.00 $101,080
3~ 31,330 SF 4" Sidewalk & handicap ramps 2,500.00 37,500
4~ 12,480 SF 6" Drivewa a
y pproach 3.20 100,260
5•
156
EA
3" PVC thru curb drains 3.50 43,680
6• 11 EA Armor-tile domes in handicap ramps ~~800
7• 7,220 LF 4" SDR drain under curb & gutter 400.00 4,400
8.00 57,760
ESTIMATED TOTAL CONCRETE WORK:
$352,480
/~~f~ ~~
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19318-01Cjrf 2010-01-11_N-Ci-Tr7855-BOND-78Lots.zls Page 1 of 3 ~I~I~ ~
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To the Agreement
mACKaY & somps
ENGINEERS PLANNERS SURVEYORS
ITEM QUANTITY UNIT DESCRIPTION
UNIT PRICE
AMOUNT
C. STORM DRAIN WORK
~• 1 EA Manholes including reset to finish grade
2~ 1,311 LF 24" Storm drain 2 900.00
~
$2,900
3~ 2,156 LF 18" Storm drain 50.00 65,550
4• 281 LF 15" Storm drain 40.00 86,240
5~ 808 LF Scour protection 36.00 10,120
1.25 1,010
ESTIMATED TOTAL STORM DRAIN WORK:
$165,820
D. ELECTRICAL/JOINT TRENCH
~• 24 EA Single arm "Decorative" electrolier including 3 500.00
~
$84
000
conduit & boxes
2 ,
~ 3,610 LF Joint trench (length of improvements
)
60.00 $216,600
ESTIMATED TOTAL ELECTRICAL WORK:
$300,600
E. MISCELLANEOUS CONSTRUCTION
~~ 180 LF 6" Irrigation sleeves
18.00 $3,240
ESTIMATED TOTAL MISC. CONSTRUCTION:
$3,240
F. LANDSCAPE ~ IRRIGATION
~• 26,930 SF Parkway strip landscaping
2• 85 EA Street trees in-tract 4•00 $107,720
3~ 8,080 SF 10' Parcel landscaping each side La Strada 250.00 21,250
2.50
ESTIMATED TOTAL LANDSCAPE PLANTING 8 IR 20,200
RIGATION :
$149,170
SUMMARY
A STREETWORK
B CONCRETE WORK $518,150
C STORM DRAIN WORK 352,480
~ ELECTRICAL/JOINT TRENCH 165,820
E MISCELLANEOUS CONSTRUCTION 300,600
F LANDSCAPE & IRRIGATION 3~240
149,170
ESTIMATED IMPROVEMENT COST:
$1,489,460
CONTINGENCY 10% $148,950
TOTAL BOND ESTIMATE: $1,638,410
( ~~~ C~
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19319-01CjK_2010-01-N_N-C1-T~7855-BOND-78Lots.xis Page 2 of 3
~~ ~ ~-~
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mAC~Y&somps
ENGINEERS PLANNERS SURVEYORS
NOTES
This estimate is prepared as a guide only and is subject to possible change. It has been prepared
to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy
our understanding of the purposes of this estimate. MacKay & Somps makes no warranty, either
expressed or implied, as to the accuracy of this estimate.
2. This estimate does not consider the following:
a. Land costs, acquisition of Right of Way, easements, and/or rights of entry.
b. Fees for assessment, lighting & landscaping, GHAD, Mello Roos districts or the like.
c. Fencing
d. Costs associated with trench shoring.
e. City fees.
f. Phased construction or out of regular sequence construction.
g. Tree preservation systems.
h. Landscaping & associated design costs
I. Financing and overhead charges.
j. Costs associated with Endangered Species and Wildlife Conservation.
k. Cost associated with Corps of Engineers, Fish and Game, Fish and Wildlife and Wetlands
I. Costs associated with overexcavation of unsuitable material.
3. Costs presented herein represent an opinion based on historical information. No provision has
been made for inflation.
4. As noted above this estimate does not include costs associated with right-of-way acquisition or
temporary grading/construction easements.
Prepared by the firm of
MACKAY & SOMPS
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~~~ag
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Legend:
~ Tract 8036 Final Map
(69 lots)
~ Neigh. C 1 Improvements
and Bonding
°' "~` Tract 8037 Final Map
(68 lots)
~ Neigh. C2 Improvements
and Bonding
0 Tract 7855 Final Map
(First Map for Neigh. C3)
Z~j (231ots, 6 bulk parcels)
~ Neigh. C3 Improvements
and Bonding
~ La Strada Dr. Improvements
and Bonding
JIIBIT ,~
rhe Agreem
FALLON VILLAGE
NEIGHBORHOOD C - POSITANO
FINAL MAP & BONDING KEY
DUBLIN CALIFORNIA
-"- mACKAY&~OmPS
O~ ZOO~ 400~ SOO~ CIVIL ENGINEERS, INC.
CIVIL ENGINEERING•LAND PLANNING•LAN~ SURVEYING
5142 FRANKLIN DRNE, SUITE 8, PLEASANTON CA 94568 PH: 925 225-0690
SCALE: 1~=400~ PLFASANTON i~ = 400' JUNE 21, 2D10 19319.01C
OFFICE SGLE Q4TE JOB N0.
~i ~ a~~
~
RESOLUTION NO. - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
~~:~x~~~~~
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8036,
NEIGHBORHOOD C-1 POSITANO/ FALLON VILLAGE
WHEREAS, a Vesting Tentative Map for Tract 7586 for Fallon Village was approved by
Planning Commission Resolution OS-61 on November 22, 2005, with Conditions of Approval; and
WHEREAS, said Conditions of Approval required the developer to construct project-related
landscape features within the public rights-of-ways; and
WHEREAS, said Conditions of Approval required the developer to enter into an "Agreement for
Long-Term Encroachment" for the maintenance of the landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement
Agreement to improve required Tract improvements, including said landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long
Term Encroachment far Landscape Features with Tract 8036, Neighborhood C-1, Positano/ Fallon
Village, attached hereto as Exhibit "A' ;
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council
to execute the Agreement.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit
said Agreement to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ATTACHMENT 3~
~ ~~ ~~~
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN TRACT 8036,
NEIGHBORHOOD C-1, POSITANO/ FALLON VILLAGE
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 8036 ("Agreement") is made between the City of Dublin ("City")
and K. Hovnanian at Positano LLC, a California Limited Liability Company ("Owner").
1. Pro er : The subject property is Tract 8036 as filed in Book of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Owner is the owner of Tract 8036, Neighborhood C-1 (Livorno),
Positano/ Fallon Village, ("Project").
3. Landscape Features: Owner, as part of the Project, anticipates the construction
of Project related landscape features within the City's rights of ways on the
following streets in Tract 8036: Salerno Drive, Revello Way, Cipriani Way, and
Amantea Way (collectively, the "Landscape Features"). The specific location and
description of these Project related Landscape Features with regard to Tract 8036
are shown on the attached Exhibit A. Construction details for these Landscape
Features are shown on the Landscape Plans for Fallon Ranch prepared by Gates
and Associates, dated July 2010, approved by the City for Tract 8036..
4. Encroachment Permit: Owners shall apply to the City for an encroachment
permit for work to be performed pursuant to this Agreement. The City must grant
the encroachment permit for all work to install, operate and maintain the
Landscape Features improvements and all the conditions imposed by the City
must be consistent with the provisions of this Agreement. If there is a conflict
between any provisions of this Agreement and the encroachment permit, the
provisions of this Agreement shall prevail over the conditions of the
encroachment permit.
5. Ownershin: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, monuments, etc., as provided in Exhibit A.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape Features improvements, including all frontage, median and island
landscape plantings, and irrigation, sidewalks and decorative pavement within the
designated areas, in a safe manner consistent with the approved plans to the
reasonable satisfaction of the City at its sole cost and expense, including electric
power and water cost. Owners will be responsible at its sole cost to replace or
repair any Landscape Feature, including decorative pavement, damaged or
removed during the maintenance or repair of sewer, water, drainage or utility
W~-i iso~3
EXHIBIT~
To the Resolution
~3~ a~~
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improvements by the City, Dublin San Ramon Service District or utility company,
unless such damage or removal is caused by the negligence, gross negligence or
willful misconduct of the City, Dublin San Ramon Service District or utility
company. The City will maintain at its sole cost all asphalt concrete pavement
concrete curb and gutter, drainage improvements, traffic signs and striping, and
streetlights and any other features in the public right of way outside of the areas
designated as Landscape Features on Exhibit A.
7. Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features, the City may remove or reasonably relocate
the Landscape Feature at its sole cost. If any of the I,andscape Features are
relocated, the City and Owners will execute a modification to this Agreement to
reflect the maintenance and operations at its new location. Provided, however, the
City is under no obligation to relocate any of the Landscape Features.
8. Insurance: Owners shall obtain and maintain in effect a combined single limit
policy of liability insurance not less than one million dollars ($1,000,000)
covering the Landscape Features improvements and shall name the City as an
additional named insured.
9. Indemnification: Owners shall indemnify, defend and hold the City harmless
from and against any and all loss, claims, liability damage or expense or cost the
City may incur or become liable for or for which a claim is made by a third party,
due to or arising out of Owner's construction, maintenance or operations of the
Landscape Features unless caused by the negligence, gross negligence or willful
misconduct of the City, its agents, contractors or employees.
10. Permanent: The Landscape Feature and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity, and are appurtenant to the
Property.
11. Right to Assi~n: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Fallon Ranch or to a successor in interest of Owners with respect to all or a
portion of the Project; provided, however, that no such assignment of Owners'
rights interests and obligations under this Agreement shall occur without prior
written notice to the City and written approval by the City Manager, which
approval shall not be unreasonably withheld, conditioned or delayed.
12. Successors and Assigns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to the "Owner" in this Agreement shall be deemed to refer to and
include K. Hovnanian at Positano, LLC and all successors and assigns of K.
Hovnanian at Positano, LLC,I including but not limited to the Fallon Village
Owner's Association.
2
wc-115073 -
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13. Notices: Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given on the date of delivery if delivered personally to
the party to whom notice is to be given (including messenger or recognized
delivery or courier service) or on the second day after mailing, if mailed to the
party to whom notice is to be given, by first-class mail, postage prepaid, and
properly addressed as follows:
City: City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833-6651
Attn: City Manager
Owner:
K.Hovnanian at Positano LLC,
A California Limited Liability Company
1375 Exposition Boulevard, #300
Sacramento, CA 95815
Attn. Richard Balesteri
Phone No. 916-920-0200
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. Partial Invaliditv. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
16. Entire A~reement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement, executed by each of the
parties hereto.
17. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
3
wc-115073
~1 ~r
~ (~
Dated this day of , 2010.
CITY: Owners:
THE CITY OF DUBLIN,
a municipal corporation
By:
Name:
Title:
O~ERS:
K. Hovnanian at Positano LLC
A California limited liability company
By; °~~ --~
Title RICHARD J. B TRERI
. .,
G: IDEVELOPMENT, PRIVATEIFallon Village (EDPD)ILong Term Encroachment AgreementlLong Term Encroachment Agree Tracts 8036
drafi. doc
wc-11so73 4
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FALLON
VII,LAGE
Dublin, California
R E V ~ 5 ~ O N 4:
~ Mit
rwre~,Tt+uam~: ~nu~
E (AREA . 24,)35rSF1 ~ reyw~; '~~
ny,~,mia
E (AREA , 26,710~SF)
TRACT 8036
LIVORNO
LONG-TERM
ENCROACHMENT
EXHIBIT
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RESOLUTION NO. - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
,~***~**~*
ACCEPTING PARK LAND DEDICATION IN-LIEU FEES
AND CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR
TRACT 8036, NEIGHBORHOOD C-1, POSITANO / FALLON VILLAGE
a~~ ~~
WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider
of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map,
dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or
recreational purposes; and
WHEREAS, the Developer, K. Hovnanian at Positano LLC, a California Limited
Liability Company (K.Hovnanian), is filing Tract 8036 Final Map for developing 81 residential
dwelling units constructed on 69 lots (57 lots contain one Single Family Unit each; plus 12
lots contain one Single Family Unit each with an attached Secondary Unit); and
WHEREAS, the Park Land requirements for the project based on the requirements of
the Municipal Code and the designated land use for Tract 8036 are 1) Dedication of 0.8568
acres of Community Park Land or payment of $720,393 in Community Park Land In-Lieu
Fees, and 2) Dedication of 0.3672 acres Neighborhood Park Land or payment of $392,130 in
Neighborhood Parkland In-Lieu Fees; and
WHEREAS, Developer has possession of credits for 0.8568 acres of Community Park
Land credits, which the Developer desires to have applied to fully satisfy the Community Park
Land obligation for Tract 8036; and
WHEREAS, Developer has possession of credits for 0.3672 acres of Neighborhood
Park Land credits, which the Developer desires to have applied to fully satisfy the
Neighborhood Park Land obligation for Tract 8036.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid the application of 0.8568
acres Community Parkland Credits and 0.3672 acres of Neighborhood Park Land credits are
hereby accepted as perFormance of said subdivider's obligation under Subdivision
Requirements in Chapter 9.28 of the Dublin Municipal Code.
ATTACHMENT ~.
!*' q'/'JJ..
~v ~~jl~`p
i
PASSED, APPROVED AND ADOPTED this 17th day of August, 2010, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:~Agenda Items For City Counci1~2010\c_Other_Depts\Public Works\8 17 10 Tract 8036KHovFinal Map\Reso_parkland
dedicationTr8036.DOC - - -
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