HomeMy WebLinkAboutItem 4.11 Positano Neighborhd C-2G~~.~ OF DU~~rG
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1~~~;~~Z STAFF REPORT C I T Y C L E R K
``c~ ~ ` ~ DUBLIN CITY COUNCIL File # ^[(~~~]-~0
4LIFOR~
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 8037, Neighborhood "C-2,"
Positano/Fallon Village (D. R. Horton),
Prepared By: Mark Lander, City Engineer
EXECUTIVE SUMMARY:
D. R. Horton Northern California Division, dba D. R. Horton BAY, Inc., has acquired portions of
Tract 7854, Neighborhood "B" of the Positano/Fallon Village development and is filing a Final
Map for Tract 8037 (Neighborhood "C-2") to create 68 individual lots for construction of homes.
FINANCIAL IMPACT:
Park Land dedication requirements are proposed to be satisfied with a combination of Park Land
Credits and Fees paid. Credits are being used to satisfy $699,206 in Community Park Land
Fees due and Neighborhood Park Land Fees of $380,598 were paid by the Developer. 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 be
posted to guarantee construction of the street, grading, utility improvements and landscaping.
Pur ose of Bond Bond Number Amount of Bond
Tract Im rovements 6679180 $ 1,711,380
Once these improvements are accepted, the City will incur maintenance costs for City-
maintained improvements within Tract 8037. Maintenance costs 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 8037, Neighborhood "C-2," Positano/Fallon Village; 2) Adopt
the Resolution Approving the Agreement for Long Term Encroachment for Landscape Features
for Tract 8037, Neighborhood "C-2," Positano/Fallon Village; and 3) Adopt the Resolution
Acce ting Parkland D dication In-Lieu Fees and Credits for Park Land Dedication Requirements
for T ct 8037 eig orhood "C-2," Positano/Fallon Village.
-• ~ r \ /AM~~' ~`~~
- ubmitt By Reviewed By Revie By
Pu lic Works Director Administrative Services Director Assistant City Manager
Page 1 of 3 ITEM NO. ~•~
~
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.
D. R. Horton Northern California Division, dba D. R. Horton BAY, Inc., has purchased portions of
two parcels and is filing a Final Map for Tract 8037, Neighborhood "C-2," to create 68 individual
lots within these two parcels. Ultimately, the lots will accommodate 78 residential dwelling units
constructed comprised of 58 lots containing one Sing~e Family Unit each; plus 10 lots contain
one Single Family Unit each with an attached Secondary Unit. (Attachment 1).
The Final Map for Tract 8037 dedicates the rights-of-way for Brandini Drive, Urbino Street,
Valentano Drive, Moorjani Street, as well as a public service easement.
The Final Map for Tract 8037 has been reviewed and found to be in conformance with the
Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 05-
61 on November 22, 2005. The Developer 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 8037 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 Final Map and Tract Improvement Agreement for Tract
8037, Neighborhood "C-2," Positano/Fallon Village (Attachment 2) and a resolution approving the
Agreement for Long Term Encroachment for Landscape Features for Tract 8037, Neighborhood
"C-2," Positano/Fallon Village (Attachment 3).
Parkland Dedication Reauirements
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.
D. R. Horton BAY, Inc., has acquired Community Parkland credits from another Developer, which
will fully offset its Community Park Land dedication requirement. D. R. Horton BAY, Inc., is
proposing to make a cash payment to satisfy its Neighborhood Park Land dedication obligation.
The following table shows how D. R. Horton BAY, Inc., will satisfy the Parkland requirements for
Tract 8037:
Dedication Fees In-Lieu of D. R. Horton BAY, Inc.
Requirement Dedication Compliance
Community Park Land 0.8316acres $699,206 Use of Credits Acquired
Neighborhood Park Land 0.3564 acres $380,598 Payment of $380,598
The calculation of the acreage required and/or in-lieu fees is determined in accordance with City
of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the
requirements and how D. R. Horton BAY, Inc., wi~l 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 D. R. Horton BAY, Inc.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8037
2. Resolution Approving Final Map and Tract Improvement
Agreement for Tract 8037, Neighborhood "C-2,"
Positano/Fallon Village, together with Exhibit "A",
Agreement
3. Resolution Approving the Agreement for Long Term
Encroachment for Landscape Features for Tract 8037,
Neighborhood "C-2," 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 8037, Neighborhood "C-2,"
Positano/Fallon Vitlage
G:\DEVELOPMENT, PRIVATE\Fallon Village (EDPO)\Tract 8037 - D.R. Horton\Staff Report FM 8037 8-17-10.DOC
Page 3 of 3
OWNER'S STATEMENT:
TNE UNDERSIGNED DOES HEREBV STATE ThqT li IS THE OWNER OF All TME IANDS ~ELINEA7ED AND EMBRACED WITHM
iME BOUNOARV LINES UPON TME MEREIN EMBO~I[~ FINAL MAP ENTITLEp~. 'TRACT 603I, CIiY OF pUBLIN. AIAMEDA
COUNtt. CALIFORNIA', CONSISTING OF FOUR (6) SHEETS, THiS StAiEMENT BEING UPON SHEE70NE (t) TMEREOF', THAT IT
nA5 CA~SE~ SqiO MAP TO BE PREPAF2E~ FOR RECOftO AND DOES CONSENT TO iME MAKING AND ftECORDATION OF SAID
MAP AN~ iHAi SAID MAF ~OES PARTICUTARLV SETS FORR1 AND DESCRIBES ALL LOTS BY iHEIR NUMBER, BEPRINGS
AND DISiANCES.. AND ~ESCRI8E5 AlL PAftCElS BV THEIR A~PHABEiIC ~ESIGNATION, BEARINGS, AND ~ISiANCES.
AND TME uNDERSiGNE~ ~OES HEREBY OE~ICniE TO THE PUBUC THOSE PARCELS OF LAN~ DESIGNATEO AS'BRANDINI
ORIVE. URBINO STREET, VAIENTANO DRIVE, AN~ MOORIANI STREEi', AS SHONM AND EMBRACE~ WIiHIN THE BOUNOARY
LINES UP~M1' SAi~ IdAP, FOR iHE USES ANO PURPOSf.SOF PUBLIC STREETS.
AND THE ~NOERSIGNEO OOES HEREBY RESERVF TO ITSELF, AN~ TO iHE OWNERS, RESIOENTS, AN~ ORIERS
DESiGNAiEO 6Y iHE MOME OWNER'S ASSOCIAi!ON. iME AFEAS ~ESiGNAtED AS PqRCELS A AND B AS COMMON qftEAS,
FOR TNE LSE OF, BUT NOT LIMITE~ T0, IiTILIilES, ~RAINAGE, INGRESS AND EGRESS, LANOSCAPING, AND ALL
APPURiENANCES *0 lANOSCAPING. MAiMENANCI: OF SAI~ PARCELS i0 BE iHE RESPONSIBILIN OF iNE HOME
OWNERS ASSOCIAiION SAi~ PARCELS ARE TO BE CONVEYE~ BY SEPARATE DOCUMENT TO iHE MOME OWNER'S
ASSOCiAiION S~95EQUENt t0 iNE ~iLiNG OF TNiS NNP.
AND iHE ~NDERSiGNEO OOES HF.REBY DE~ICAiE iC THE PUBLiC iMOSE STRIPS Of IAN~ ~ESiGNAiEO'PU6LIC SERVICE
E~SEMENP (PSE~ AS SHOWN UPON SAID M~P, FOR iHE Pl1RPOSE OF CONSTRUCTION ANO MAINiENANCE OF
UNDEftGROUN~ UTILItY SiRUCiUftES, STREEi ~IGIlTS, AN~ ALL RE WiED APPUR1ENAl.'CES.
iN15 MAP SHOWS OR NOiES ALL EASEMENiS OF RECORO, WIiHIN iME BOUN~ARV LINES OF iHE HEREM EMBOOIEO MAP.
IN WITNESS WHEREOF, iME IINDERSIGNE~ HAVE EXECUTEO THIS SiAiEMENT ON THE DAY OF
~mn _
A504YNERS~. D.ft.NORiONBFV,iNC.,ADELAWARECORPORAiION
Bv.
aRiNrEO nnmE~. HicNOUSa.r~Ensnrv
TiTLE. VICE PftESiOENi ~ LAND ACpVISITION AN~ FOftWARD PLANNING
OWNER'S ACKNOWLEDGMEN'i
STATE OF CA~IFORNW
COUNiY ~F
ON . 2010, BEFORE ME , A NOTARY PUBIIC,
PERSONALLVFPPEARED
WNO PROVED i0 ME ON THE BASIS OF SATISFAGiORY EVIDENCE TO BE THE PERSON WMOSE NAME IS SlIBSCRIBED TO
iME WITHiN INSTRUMENi AN~ ACKNOWLE~GE~ TO ME THAT HE EXECUiEO THE SFME IN MIS AUTMORIff~ CAPACITY, AND
BY Hi5 SiGNANRE ON iHE INSTRUMENT THE PERSON, OR ENiITY UPON 6EMALF OF WHICH THE PERSON qC7ED,
ExECUTE~TMEINSTRUMENT.
I CERTIFY UNOER PENA~TV OF PERJURY UNDER '~HE lAWS OF TME SiATE OF CALIFORNIA iHAT THE FOREGOM~
PARAGRNPH IS LRUE AND CORRECT.
WIiNE55 MY HAND ANO OFFICIAL SEAI~.
SiGN~iVftE~.
PRINTE NAME,N A Y UBLI INAN 0 AI C 1.'N qN A
PRINCIPAL COUNN OF BUSMESS:
COMMISSION EXPIRES~. ~
COMMISSIONpOFNOTARV~._ __
STATEMENT OF SOILS REPORTS
THE FOLLOWING GEOiECHNICAL iNVESiIGATION REPORiS WERE PREPAREO FOR 9RAppOCK 6 LOGAN GftOUP BV ENGEO
INCORPORATE~ ANO ARE ON FILE WITH THE CIiV Of ~UBLIN, CALIFORNN:
1. PROJEC7 N0. 4663.100101 DAiED FEBRUARY 26, P007 AN~ REVISED OECEMBER 11, P004 . PRELIMINARV
GEOTECNNiCAL ESPLORATiON, EASi DI18lM PROPERilES, DUBLIN. CA.
2. PROJECT NO. 466J.1.009.01 OATED MARCH 11, 2006 - CORRECTIVE GRAOING PLANS, PMASE 1, BIIIX GRA~ING, fALLON
vi~uce, oueurv, cn.
3. PROJEC7 NO. 4663.1.009.01 ~AiEO AlIGl1Si 11, 2006 - PHASE 1 BULK GFAOING CORRECTNE GRApiNG PIAN, FALLON
VILtAGE DUB~IN,CA.
4. PftOJECT 466.1.1,00901 DAiED AUGUSi, 2006 ~ CORRECTNE GRADING PlANS, PHASE 1 GRADING, FALLON VILIAGE,
DUBLIN,CA.
5. MNRCM 2], 2W6 ~LET7ER) FOUN~AiION AND PAVEMENT RECOMMEN~AilONS.
6. JANUARV 4, 2~Oi (LETTER) REVIEW OF 6RAOING AND IMPROVEMENT PLANS.
oe-»aoio
an o~c
CAROLWE SOTO
CITY CLERK ANO CIERK OF THE
CITV COUNCIt OF THE CITY OF DUBLIN,
COUNTY OF AL4MEOA, STA7E OF CALIFORNiq
CLERK OF THE BOARD OF SUPERVISORS' STATEMENT:
SiATE OF CALIFORNW)
COUNTV Of AlAMEDA~
I, CRYSTAL K. NISHIDA, CLERN OF TME BOAR~ OF SUPERVISORS FOR iME COUNTY OF ALAMEDA STAiE OF CALIFORNIA,
~0 MEREBY STATE, AS CHECKED BELOW, THAT:
^ AN APPROVED BOND HAS BEEN FILEO WITH iHE SUPERVISORS OF SAID COUNTY FND 57ATE IN THE AMOUNT OF
S CONOITIONED FOR THE PAYMENi OF ALL TA%ES ANO SPEQAL ASSESSMENTS COLLECTE~ AS iA%ES,
WHICH qRE NOW A UEN AGAINST SAI~ LAN~ OR ANY PART iHEREOF BUT NOT VEi PAYABLE, ANO WA$ ~l1lY
APPROVED BV SAID LOCAL BOARO IN SAID AMOUNT.
^ ALL TMES AND SPECIAL ASSESSMEN7S COLLECTE~ AS iA%ES HAVE BEEN PAIO AS CERTIFIED BY 7ME
iREASURER-iA%COILECTOR OFiMECOUN7Y0FqIAMEDA.
IN WITNESS WHEftEOF, I MAVE MEREIINTO SET MY HhNO THIS _ ~AVOF ~ 701~.
CRVSTAL K. HISNIDA
CLERK OF TME BOAR~OF SUPERVISORS
COUNTV OF AUMEOA, STAiE OF CFLIFORNW
BV:
DEPUN COUNiY CIEftK
COUNTY RECORDER'S STATEMENT:
FILEO FOR RECORDTHIS DAYOF 2010AT M., IN BOOK OF MpPS AT
PAGES iHROUGM~UN~ERSERIESN0.1W AT THE REOIlE57 OF
FIRST AMERICMI TITtE COMPANV IN TME OFFICE OF THE COUNiY RECORDER OF iHE COUNN OF AIAMEDA, STAiE OF
CALIFORNW.
FEE:S
SHEET 1 OF ~
PATRICK 0'CONNELL
COUNTYRECORDERINAN~FOftiHECOUNTY
OF HIAMEDA, STATE OFG~IFORNIA
BY.
~ 1~
~ ~ ~~~ ~
~ ~x ol
~
'~ !
TRACT 8037
A SUBDIVISION lDf t1iE AOWSIIIEpf 10-01 RESULTANT
PARCQ C-2 /S RECONOED N SERIES M1YBfR
2010--080274 NAAEDA Cq1H1`f RECORDS
~Y ~ ~N
N~~IEQ~ CdMIYr GLiIXUM
~~~
lt~~Awl 0. ~OMM~I a ~as (rm~e~
JUIE, 2010
SURVEYOR'S STATEMENT:
THIS MAP WAS FREPFRE~ BY ME OR UN~ER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH
THE REOUIREMENTS OF THE SUBOIVISION MAP ACi ANO LOCPIOROINANCES Ai iHE REQUEST OF ~R HORTON BAY, INC
IN JUNE, 1010. I NEREBY STATE THAT iHIS FINAL MAP SUBSiANTIALLY CONFORMS i0 TME CONDITIONqLLY APPROVEO
TENTFTNE MAP, FNO iHAT iHE SURVEV IS TRUE AND COMPLEiE AS SHOWN, AND THqT ALLMONUMENTS WILL BE OF iHE
CHAPACTER FND OCCUPV iHE PQSITIONS INOICAiE~ PRIOR TO THE ACCEPTANCE OF THE IMPROVEMENTS, THAT SAID
MONUMENTS WILL BE SUFFICIENT 70 ENABLE TNE SURVEY i0 BE RETRACE~, AN~ TNAT THE GRO55 AREA WITHIN THE
TftACi IS 15.755 ACRES, M~ftE OR LESS.
DATED: 2~10
~S N0. 7960,
REGISiRATIONEXPIRES'. MARCH91,2011
CITY ENGINEER'S STATEMENT
I HEREBV SiAiE THAi I HAVE E%AMMED iHIS FINA1 M/~P ENTIiLE~'TRAGT 8097. CITV OF OUBIIN, ALAME~A COUNtt,
CALIFORNIA', ANO iHE SUBOIVISION SMONM HEREON IS SUBSTANTIALLV TME SAME AS li APPEARE~ ON THE APPROVEO
VESTING iENiATIVE MAP ANO ANY APPROVEO A~TERATIONS THEREOF; AND THqT ALL PROVISIONS OF THE STATE L1W
NNO LOCAL OR~INANCES APP~ICABLE AT THE TIME OF APPROVAL Of THE VESTING TENTA7NE M4P HAVE BEEN COMPLIED
wirH.
R.C.E. N0. 36953, EXPIRES SEPTEMBER J0, 2011
Cltt Of ~UBLIN, A~AMEDA COUNtt, CALIFORNIA
onreo~. .zoia
ACTING ASSISTANT CITY ENGINEER'S STATEMENT:
I HEREBY STATE iHAT I MAVE E%AMINED 7HIS FINAL MAP ENTITLE~ TRACT 8037, CITY Of DUBLIN, AlAMEOA COIINN
CALIFORNIA', AND I AM SATISFlED THAT TMIS FINAL MAP IS iECHNICALLY CORftECT.
~ATE~:
I I
RL.E. N0.32971, EXPIftES DECEMBER 31, fi10
CITY OF pUBUN, ALAME~A COUNN, CALIFORNIA
CITY PLANNING MANAGER'S STATEMENT:
TMIS MAP CONFOPMS i0 THE VESTING TENTAiIVE MAP AND CORRESPONDING CONDITIONS HS MPROVED BY THE
PLANNING COMMISSION. THIS MAP HAS BEEN REVIEWEO BV ME AN~ R1E CONDRIONS Of AGPftOVAL HFVE BEEN
SATISFlE~.
DA7E0', 1010
J I
CITY CLERK'S STATEMENT:
I, CAROIINE 50T0, C17Y CLERK AN~ CIERK OF THE COUNCII OF THE Cltt OF pUBLIN, COUNN OF AIAME~F, SiAiE OF
CALIFORNIA, 00 HEREBY STATE iHAT THE HEREM EMBODIED FINRL MAP ENiITtED: 'TftACT 80~7, CIIY OF ~UBIIN,
AIAMEDA COUNtt, CALIFORNIq', CONSISTING OF FOUR (d) SHEETS, THIS STATEMEN7 BEING UPON SHEET ONE ~t)
iMEREOF, WAS PRESENTED TO SAID COUNCIL AS PROVIDED 9Y RESOLUTION N0. AT A MEELING MELD ON THE
DAY OF , 2070, AND iHAi SAID COUNGL DID iHEREtIPON pPPROVE SAI~ FINAL MAP, AND ~I~
ACCEPT, SUBIECT TO IMPROVEMENiS, ON BEHALF OF THE PUBLIC,'BftANDINI DRNE, URBINO SiREET, VAIENiAN00RIVE,
AND MOORJANI STREEi', AN~ TME AREA ~ESIGNATED AS PIIB~IC SERVICE EASEMENT (PSE).
I FURTHER SiATE THAi ALL AGREEMEN75 qND SURETY AS RE~UIRED BV lAW TO FCCOMPANY THE WIiMM FINAL MFP
HAVE BEEN APPROVEO 6Y THE CIiV COUNCIL OF iHE CIiY OF DUBLIN MIO ARE FIIE~ IN MY OfFICE.
IN WITNESS wHEREOF, I HAVE MEREUNTO SET MV MANO THIS. __ DAY OF _J 2t10
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RE~ERENC[$;
(R-IJ RECORD Of SURVEI' No 1005, BN. 16 R.O.S., PG. 37-51
AtAA1EDA CWNtt tiECORDS
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(R-3) iMLi 8031, Blt. JOS 0~ W,PS PG. 5~-57 AWIEW CDUNIY
RECORDS
(fl ,~ 2070L10 68USTMENT No. LU-09-Oa, SEI7IE5 No.
(R-SJ LOI LINE ADJUSiNENT No. LLA-10-01, SERIES No.
1D10-08027a
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LEGEND iI~LE NOTES~
iME LW~S INf
W~EO IN iH6
~'
- - - - - BOUNDN7Y L~NE .
TR
1 IL A E SL1AK T i0 iHE F IOK- ~ERI C PR' IOh A
F~c~~[Nt
LOT LWE/PMCEL UNE ~~ THE EFFECT Of A DOCUMENf ENTITLFD'INiERIM AGREEMENT g[IW[EN iH[ CIIY OF q1BLIN AND 101A G n
---- EXISiING RIGHT Of WAY LINE ,
~.P. ~OR ARElS A-C AN~ A-7 DF DUBUN flANCN M[/~ ~', ~CORDED JUIY B, 100P /S INSiRUMENT N0
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TRACT 8037
A SUBDMSION LOT LINE A0.IUSTMENi 10-Oi RESULTANT
PARCEL C-2 AS RECORDED IN SERiES NUMBER
2010-080274 ALAAIEDA COUNTY RECORDS
CITY OF DUBLiN
ALAMEDA COUNTY, CALIFORNIA
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JUNE, 2010
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RESOLUTION NO. - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
~~~~~~~~~
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 8037, NEIGHBORHOOD C-2, POSITANO/ FALLON VILLAGE
WHEREAS, the Final Map for Tract 8037, 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, D. R. Horton BAY, Inc., a Delaware Corporation, has executed and
filed with the City of Dublin a Tract Improvement Agreement for Tract 8037 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 Safeco
Insurance Company of America in the amount of $1,711,380 for the in-tract improvements (Bond No.
6679180), conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Safeco
Insurance Company of America in the amount of $1,711,380 for the in-tract improvements (Bond No.
6679180), 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 8037 be and the same is hereby
approved, and that rights to the areas marked as Brandini Drive, Urbino Street, Valentano Drive, Moorjani
Street, 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.
~ ATTACHMENT ~.
~~ ,
PASSED, APPROVED AND ADOPTED this 17th day of August, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:\DEVELOPMENT, PRNATE\Fallon Village (EDPO)\Tract 8037 - Braddock & LoganU2eso FM 8037.doc
2
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CITY OF DUBLIN
IMPROVEMENT AGREEMENT
Tract 8037, Neighborhood C-2
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
D. R. Horton BAY, Inc., 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 8037; also known as Neighborhood
C-2, Positano/ Fallon Village, desires to improve and dedicate those public improvements
(hereafter "The Improvements") in accordanee 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 C2, Sheets JT1-JT3), prepared by Millenium
Design and Construction, Inc, approved July 2010
•"Street Lighting, Fallon Village C2, (6 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:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
EXH I B IT ,-9
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To the Resolution
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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 C2, dated
April 2010 prepared by MacKay & Somps ($1,711,380), and within the limits shown on the:
Fallon Village Neighborhood C- 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 CITY that The Improvements will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one-hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor.
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surFace water drainage of the subdivision shall not
interfere with the use of neighboring property, including public streets and highways.
CITY shall be t~e 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.
2
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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 Employers Liabilitx: Workers'
compensation limits as required by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
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D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the folfowing provisions:
1) General Liabilitv and Automobile Liability Covera es.
a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activities performed by or on behalf of the DEVELOPER;
products and completed operations of the DEVELOPER;
premises owned, occupied or used by the DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
DEVELOPER. The coverage shall contain no special limitations
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials, employees
and volunteers. Any insurance or self-insurance maintained by
the CITY, its officers, officials, employees or volunteers shall be
excess of the DEVELOPER's insurance and shall not contribute
with it.
c) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coveraqe.
The insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses arising from
work perFormed by the DEVELOPER for the CITY.
3) All Coveraqes.
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII.
4
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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 shatl 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
5
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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. Agreement Assianment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY, which shall not be unreasonably withheld, denied, or delayed.
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the perFormance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if
DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the
benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER,
or any of DEVELOPER's contractors, subcontractors, agents or employees should violate
any of the provisions of this Agreement, the CITY through its City Engineer may serve written
notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of
this Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety
shall have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the perFormance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion,
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.
~~~
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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:
Dean K. Mills,
Assistant Vice President
D. R. Horton BAY, Inc.
6630 Owens Drive
Pleasanton, CA 94588
(925)-225-7400
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Peggy Ginem
Assistant Vice President
Willis of Florida
3000 Bayport Drive #300
Tampa, FL 33607
(813)-281-2095
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
8. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all
streets and improvements within the work to be performed under this Agreement shall be at
the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy
permit by CITY for dwellings located within the tract shall not be construed in any manner to
constitute a partial or final acceptance or approval of any or all such improvements by CITY.
DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or
occupancy permits when the work or its progress may substantially and/or detrimentally
affect public health and safety.
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9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as
may be necessary to prevent accidents to the public and damage to the property.
DEVELOPER shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work
to be perFormed under this Agreement, all fences, barriers, regulatory signs, warning lights,
and other safety devices (except such safety items as may be shown on the plans and
included in the items of work) shall be removed from site of the work by the DEVELOPER,
and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as-built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated
representative, shall examine the tract work without delay, and, if found to be in accordance
with said plans and specifications and this Agreement, shall recommend acceptance of the
work to the City Council and, upon such acceptance, shall notify DEVELOPER or his
designated agents of such acceptance.
11. Patent and 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. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work will be performed in a proper manner.
DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and
each of its elective and appointive boards, commissions, officers agents and
employees, from and against any and all loss, claims, suits, liabilities, actions,
damages, or causes of action of every kind, nature and description, directly or
indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
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independent contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
1) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold harmless
agreement, because of the acceptance by CITY, or the deposit with CITY by
DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered, or alleged
to have been suffered, by reason of any of the aforesaid operations referred to
in this paragraph, regardless of whether or not CITY has prepared, supplied
[STAYS], or approved of plans and/or specifications for the subdivision, or
regardless of whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims for damages.
3) Design 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 orre (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 Cierk
DEVELOPER
D. R. Horton BAY, Inc.
By: ~_~-'`~~, ~~ ,~ ~..
~~,=,~~ ~ ,V~-Fl,s
Print Name
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Title
G:IDEVELOPMENT, PRIVATEIFallon Village (EDPO)ITract 8037 - Braddock & LoganlTract 8037 improvement agmt.doc
10
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19319.01 C
6/15/2010
J. R. F.
BOND ESTIMATE
FALLON VILLAGE - NEIGHBORHOOD C2 - 80 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. STREETWORK
1. 213,820 SF Finish grading street
2. 45,910 SF 4" AC Pavement on Valentano 0.30 $64,150
3. 90,610 SF 3" AC pavement on all other streets 1.60 73,460
4. 45,910 SF 14" AB on Valentano 1.20 108,730
5• 90,610 SF 12"AB on all otherstreets 2~10 96,410
6. 46,050 SF 4" AB under sidewalk and drivewa includes
Y ~ ~~80 163,100
handicap ramps) 0.60 27,630 .
7. 11,420 SF 4" AB under curb & gutter
8• 24 EA Standard City of Dublin street monument 0.60 6,850
9• 36 LF Standard barricade 300.00 7,200
10. 6 EA Stop and street name sign 32.00 1,150
11. 6 EA Stop bar & legend 450.00 2,700
12~ 5 EA Traffic signs 600.00 3,600
13. 10 EA Pavement reflectors at fire hydrants 220.00 1,100
14. 18 EA Storm drain markers at catch basins 25.00 250
15. LUMP SUM
Erosion Control 25.00 450
16. LUMP SUM Traffic striping 4,500
2,000
ESTIMATED TOTAL STREET WORK:
$563,280
B. CONCRETE WORK
~. 7,615 LF Standard curb & gutter measured thru driveways 14.00
2~ 18 EA Curb inlet for S.D. junction box $106,610
3. 33,250 SF 4" Sidewalk & handicap ramps 2,500.00 45,000
4• 12,800 SF 6 Drivewa a 3~20 106,400
'~ y pproach 3.50 44,800
5~ 160 EA 3" PVC thru curb drains
6~ 12 EA Armor-tile domes in handicap ramps 400.00 $,000
7• 7,615 LF 4" SDR drain under curb & gutter 4,800
8.00 60, 920
ESTIMATED TOTAL CONCRETE WORK: $376,530
19319-01CjA 2010-01-11_N-C2-Tr7855-BOND-BOLots.xls Page 1 of 3 ~'~I~ ~
To the Agreem
~ ~ ~y-~
19319.01 C
6/15/2010
J. R. F.
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
C. STORM DRAIN WORK
~• 3 EA Manholes including reset to finish grade
2
" 2,900.00
700
$8
• 634 LF 24
Storm drain (SD1)
3. 2,067 LF 18" Storm drain (SD1) 50.00 ,
31,700
4• 213 LF 15" Storm drain (SD1) 40.00 82,680
5• 2 EA Reset SDO manhole to finished rade
9 36.00 7,670
g
1 EA Inlet structure & rock at basin (SDO)
7 400.00
5,000.00 800
5
000
. 728 LF Scour protection
1
25 ,
. 910
ESTIMATED TOTAL STORM DRAIN WORK:
$137,460
D. ELECTRICAL/JOINT TRENCH
~• 31 EA Single arm "Decorative" electrolier including 3,500.00
$108
500
conduit & boxes ,
2• 3,800 LF Joint trench (length of improvements
)
60.00
$228,000
ESTIMATED TOTAL ELECTRICAL WORK:
$336,500
E. MISCELLANEOUS CONSTRUCTION
1~ 200 LF 6" Irrigation sleeves
18.00
$3,600
ESTIMATED TOTAL MISC. CONSTRUCTION: $3,600
F. LANDSCAPE ~ IRRIGATION
~. 30,045 SF Parkway strip landscaping
2~ 73 EA Streettreesin-tract 4.00 $120,180
250.00 18,250
ES
TIMATED TOTAL LANDSCAPE PLANTING ~ IRRIGATION:
$138,430
SUMMARY
A STREETWORK
B CONCRETE WORK $563,280
C STORM DRAIN WORK 376,530
~ ELECTRICAL/JOINT TRENCH 137,460
E MISCELLANEOUS CONSTRUCTION 336,500
F LANDSCAPE & IRRIGATION 3,600
138,430
-
ESTIMATED IMPROVEMENT COST: $1,555,800
CONTINGENCY 10% $155,580
TOTAL BOND ESTIMATE: $1,711,380
79319-O1CjR 2010-01-11_N-C2-Tr~855-BOND-SOLots.xls Page 2 of 3
~ ~ ~-
19319.01 C
6/15/2010
J.R.F.
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
19319-01CjK 2010-01-17_N-C2-Tr7855-BOND-80Lots.zls Page 3 of 3
°`~
20 ~~~ ~
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,-
Le end:
~ Tract 8036 Final Map
(691ots)
~ Neigh. C 1 Improvements
and Bonding
° Tract 8037 Final Map
(681ots)
~ Neigh. C2 Improvements
and Bonding
~
~3 Tract 7855 Final Map
(First Map for Neigh. C3)
(~/31ots, 6 bulk parcels)
~ Neigh. C3 Improvements
and Bonding
~ La Strada Dr. Improvements
and Bonding
EXIIIBIT ~
To the Agreem
~
-N-
FALLON
NEIGHBORHOOD
FINAL MAP &
DUBLIN
VILLAGE
C - POSITANO
BONDING KEY
CALIFORNIA
o~ 200, 4oa, 800, mACKAY&~OmPS
CIVIL ENGINEER~NG•IAND PUNNING•uN~ SUFNEYING
5142 FRANKLIN DRNE, Sl11TE B, PLFASANTON CA 94588 PH: 925 225-0690
SCALE: 1~~=40~~ PLEASANTON I" = 400' JUNE 21, 2010 19319.OIC
OFFICE SGLE MTE JOB N0.
RESOLUTION NO. - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
~~:~*~~:~~~
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8037,
NEIGHBORHOOD C-2 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 for Landscape Features with Tract 8037, Neighborhood G2, 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 Recarder for filing.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
ATTACHMENT 3.
"] !
G-~~ G.; /~, (,,.
s
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN TRACT 8037,
NEIGHBORHOOD C-2, POSITANO/ FALLON VILLAGE
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 8037 ("AgreemenY') is made between the City of Dublin ("City")
and D. R. Horton BAY, Inc. , a California Limited Liability Company ("Owner").
1. Property: The subject property is Tract 8037 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 8037, Neighborhood C-2 (Cortano),
Positano/ Fallon Village, ("Project").
3. Landscane 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 8037: Brandini Drive, Urbino Street, Valentano Drive„
and Moorjani Street (collectively, the "Landscape Features"). The specific
location and description of this Project related Landscape Features with regard to
Tract 8037 are shown on the attached Exhibit A. Construction details for these
Landscape Features are shown on the Landscape Plans for Fallon Village
prepared by Gates and Associates, dated July 2010, approved by the City for
Tract 8037.
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. Ownership: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, manuments, 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
W~-i iso~3
EXHIBIT ~
_e
To the Resolution
G ,;~~, ~~.4
removed during the maintenance or repair of sewer, water, drainage or utility
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 Landscape 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 Ageement shall exist in perpetuity, and are appurtenant to the
Property.
11. Ri~ht to Assign: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Fallon Village 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 D. R. Horton BAY, Inc. and all successors and assigns of D. R Horton
BAY, Inc., including but not limited to the Fallon Village Owner's Association.
2
wc-115073
~~~~Z~
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:
D. R Horton BAY, Inc.
6630 Owens Drive
Pleasanton, CA 94588
Phone No. (925)-225-7400
Attn. Dean K. Mills,
Assistant Vice President
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 Invalidity. 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. Counternarts. 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.
wc-115073
~ ~.~ ~~~ ~?~
Dated this day of 2010.
_ ,
CITY:
THE CITY OF DUBLIN,
a municipal corporation
Name:
Title:
OWNERS:
D. R Horton BAY, Inc.
B ~__ _-~ ~
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S
Title: ~~.~ s~ ~ ~~-~ ~ , ~ ti ~t ~ ~, ~o , ~
G.•IDEVELOPMENT, PRIVATEiFallan Vi!lage (EDPO)ILong Term E~zcroachmentAgreementlLong Term EncroachmentAgree Tract 8037
draft.doc
4
wc-115073
LEGEND
CITY OMMED AND MASTER HOA MAINTAINED SOFTSCAPE (AREA = 27,250.SFI
~ qiY OWNED AND MASTER HOA MAINTAINED HARDSCAPE (AREA : 29,230~SF)
FALLON
VILLAGE
Dublin, Califomia
a e v ~ s i o v s
u~avnaa a~
PRO~eG7mnee~l: ~9llf.~
9CAiE: MtlOlIDl ~
DA1'BIS9U%U: mryt.ano
TRACT 8037
CORTONA
LONG-TERM
ENCROACl-3MENT
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 8037, NEIGHBORHOOD C-2, POSITANO / FALLON VILLAGE
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, D. R. Horton BAY, Inc. (D. R. Horton), is filing Tract 8037
Final Map for developing 78 residential dwelling units constructed on 68 lots (58 lots contain
one Single Family Unit each; plus 10 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 8037 are 1) Dedication of 0.8316
acres of Community Park Land or payment of $699,206 in Community Park Land In-Lieu
Fees, and 2) Dedication of 0.3564 acres Neighborhood Park Land or payment of $380,598 in
Neighborhood Parkland In-Lieu Fees; and
WHEREAS, Developer has possession of credits for 0.8316 acres of Community Park
Land credits, which the Developer desires to have applied to fully satisfy the Community Park
Land obligation for Tract 8037; and
WHEREAS, Developer will satisfy the Neighborhood Parkland Dedication requirement
through the payment of in-lieu Park Dedication Fees; and
WHEREAS, D. R. Horton has deposited with the City of Dublin $380,598 which is the
full amount required to satisfy the obligation for Neighborhood Park Land In-Lieu Fees for
Tract 8037.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid the application of 0.8316
acres Community Parkland Credits and payment of $380,598 Neighborhood Park Land in
lieu fees and are hereby accepted as performance of said subdivider's obligation under
Subdivision Requirements in Chapter 9.28 of the Dublin Municipal Code.
ATTACHMENT ~.
__.. ~~~ t_.. . r .
PASSED, APPROVED AND ADOPTED this 17th day of August, 2010, by the F~ ~'~~~ ~~
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:Wgenda Items For City Counci1~2010\c_Other_Depts\Public Works\8_17_10_TR8037 HortonFinalMap\Reso_parkland
dedicationTr8037(2).DOC -
2