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HomeMy WebLinkAboutItem 4.11 Positano Neighborhd C-2G~~.~ OF DU~~rG /// ~ 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 a ~ ~ ~O ~ ~J ~~ ~ d RE~ERENC[$; (R-IJ RECORD Of SURVEI' No 1005, BN. 16 R.O.S., PG. 37-51 AtAA1EDA CWNtt tiECORDS (p 2~ R[CORDS~' BK. 3a3 0~ 44P5 PG. 6-15 NAUF~A CWNIV (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 ~R-6~ ILAMEDA~COUNtt 7E[Lbk6S OP MAPS PG. __'__-_'___ N76°33'S9'E(R) NePI?~1rw __ r ,p)tS'=',9NDY . n p 8- 1 ' aesu~rnNr ~aac~~ e-z ~ U ~; 68 ~e-s ' $I 67 ~9 1 I i I. ,1LL BEMINCS SHOWN /J2E BASED U70N GL60RNU COORDINA7E STSiEM ZONE III. I. 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W/C BRASS DiSC BURiED O.B' SiqMPED'~ALLON-1966' USLkGS iFUNCUUi10N S1ATqN5'FALLOK NID'MOUNi DUBI.O ~ ~ N.ad1,789.07, E.1,61O,Ot1.54, 2ND ORDEA iRNNCUTAPON STA7ION CCS 27, t~WEIY. iHE GRN gFJJtING CALCUUiED FRON PUBl15HEU CCS ~ ZONE J. r= -p~~9',7t' (R-I) 27 ZONE 3 GRID COORDINAtES i'OR iH6 LINE 6 iAnEN /5 os-w-mio i~m~ uan x~ne~~ v:~iy~iy~~y~rw,cr minrumnxc NORiN tY~~'21' WEST. 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 ------ E%ISTING PNOPERIY LINE -~-~--- MONUHENi LiNE . 1001-294 55 9 Oi Of~ICjK RECORDS. ~. STREEi MONUNENi Of RECORD PER iMGi 1, THE TERUS AN~ PROVISqNS CONIUNED IN 1ME OOCUMEN7 ENfRLED DEVELOPMEHf AGREEMENt BEIWEEN BOJ6 (R-6J S7ANPE~'LS 796V 7ME Cltt Of DUBLIN AND DUBIIN RE INVESTIXtS, LLC. FOfl TF1E FMLON VILIIGE PR0.1ECi RECORDED ~ SEi CIIY 0~ DUBLM STANDARD SiREEt ' lEBRUMY 01, 2006 INSiRUMENT N0. 1006-035213 Of OfTICVi RECONDS. MONUMENi SiAMPED LS 79fiV P- ANCLE POINT 1ME TERMS ANO PRDVISqNS CONiNNED IN TNE OOCU11ENt EMIiLE~ ASSICNMENi OF BNOY BOUNDARf DEVELOPNENi AGREEMEM RECOROED JANUMY it, 2008 AS INSiRUNENi N0. 1008-008025 Of M-N MONUMENi TO MONUMENT OFFiCUI RECOROS. N-PL NONUMENi TO PROPERtt LME PL PROPERIY UNE iHE iERMS ANO PROV5~ON5 CONtANED iN iHE DOCUMENT EMRLEO 'A551GNUENT OP RIGMS ANO PSE PUBLIC SERVICE E/SEMENi ASSUMPTpN OG OBLIGAiION UNDER DEVELOPMENf ACREEMENY RECORDED JUNE 10, 2010 0.5 INSiRUMENT (RJ RApIA~ BEARING R.D.S. RECORD OF SURVEY N0. 1010-1629311 OFFICUL RECORDS. ~ ~~ 3 ; INDMAtES SnEEi NUMBER 3. 1ME TERMS, PROVISIONS, AND F/SENEM(S) CONiAINE~ IN THE DOCUMEN7 ENiR~ED TEMPOR~RY GRADING N FASEMENT flECORDEO SEPfEMBEfl 15 , , P006 AS INSTRUMENi N0. 1006-150796 OF OFDIC ~RECOROS 4, iH E HER~ AN ~ DUBLIN 0RM p P f E ~ RE ~ E N ~ 7 pE 5i R,VN B NEFrt D6 R CT COROED MRI~ 30~1007 /S NS FUME T NO ~ . 2007-16869} Of O~FICVL RECORDS. ~ ~ 5. iHE TERMS, PRWiS10N5 AND E/SEYENT(5) LONTNNED M ~NE DOCUMENT ENiIiLED iEGPORq2Y CMDINC ANO CONSiRULTION FASE T E b ~ M N flECORDE JULY 11, P007 AS INSiRUMENi Hp. 1pp7-257010 Of OFFICRL RECORDS. ~ ~ 6. TME iERNS, PROw510N5 AND fASEMENi(5J LONiuNED M iME DOLUMEM ENTIT~ED 1EMPpRUtY GRADINC r - - - - J /~N~ CONSiRUCT10N FASEMENT RECORDED JUIY 12, 2pp7 AS INSiRUUENi N0. 20p7-257011 0~ 0(FIC41 RECORDS. ~ ~ 1. iHE iCRMS AND PROVISION CONiA1NED IN iHE DOCUMENT EMIT~ED NEMORANDUM OF AFFORDABLE MOUSINC AGREEMENi ~OR iME CONSTRUC710N OF INCLUSIONARY UN(f5 INO PAYYENi OF FEES IN LIEU OF I CONSTRUCiIDN INC~USIONARY MOUSIryG UMiS REC~RDED JULY 13, 1007 AS INSiRUMEM N0. 20~7-259J65 F P35'SfW 71.&' BNDY ~ O OFFICUI RECORDS. I iHE iERMS AND PROVISIONS CONiNNED IN iHE DOCUMENT ENTRLED'/SSIGNMENi Oi RIGMS AND ~ ASSUMPiqN OF OBLIGA7ION UNDER AfFORp,~LE HOIISINC ACREEMENf RECORDED JUNE 10 2010 AS ! , INSiRUMEM N0. 20f0-161929 OfFICIAL RECOROS. ~ 8. iHE iERNS AND PROy15pN5 CONtANED IN THE OOCUMENi ENirtIED MEIAORANDUM OP nFTORDABLE ~ / HOUSING AGREENENi FOR iHE CONSiRUCT10N Oi INCLUSIONARr HOUSMG UNIiS RECORDED DECEMBER 19 / RESUL7ANT vARGEL v-I , 1008 AS INSiRUMENi N0. 1008-356685 OF OFFILUL RECORDS. 8 SERIES N0. ~ a}'' ~ 20oB-120772 iME TERMS AND PRDVISqNS CONtANED IN THE DOCUMENi ENTRLED 'ASSiGNUENT OF RIGMTS AND /gSUA1PTIDN OF OB IWTI ~~b~y ~ L ON UNDER ~FFORp1BLE HOUSMG AGREEMENY RELORDED JUNE 10, 1010 ,l5 INSiRUMENi N0. 2010-162929 OfFICl4 NECORDS. ' t~'t' y / ' " 9. iHE TERMS AND PROV5qry5 CONi/1NED IN THE DOCUMENT ENTRLED MEMORWDUM OF SUBSEWENI g ,S ~ ( '. ~ AFFORpAgLE 1pUSING ACREEMEtJr FOR TME CONSTRUCiqN pf INCLUSIONAFY UNIiS AND PAYMEM Of FEES IN UEU OF ~prySiRUCTINC INCLUSIONARY ~ HWSINL UNRS RECORDED JANUARf 75, 2009 AS IrySTRUNENi N0. 2009-009590 OG OF~ICIn1 RECORDS ~ . ~ ~~ ~I ~ iME TERMS AND PROVISpNS CONiAINED IN TME DOCUTAENT ENfRLEU ~ISSICNMENi OF RICMTS AND ~SUMPiION OF OB G B ~ Q7• ~ ~• LI ATION IINDER AFfOR0.48LE HOUSINC AGREEUENr RECORDED JUNE 10, 2070 !5 INSiRUMEM N0 T010 1 Q. \ ~pJ . - 62929 OFFICLY RECORDS. 53 ~1T ~'15.00' A~9P1~'IY ~~' ' f0. iHE TERMS AND PROVSqN$ CONiNNED M THE DOCUMENT EMR~ED IIEMORINDUM Of AfFORDABLE L•J9A5 BNDY HDUSING ACREEMEN7 Fqt ~ME CONSTRUCiION 0~ MCWSIONAM I1NR5 ANO PAYMENT OF FEE$ IN LIEU 0~ S4 CONSTRUCiING INCLUSIONAR'f MOUSING UN115 RECOR~EO JULY 01, 1009 AS INSiRI1MEM ND 2009-11012I \ . OF OFFICIAL RECORDS. A 55 ~ ~R ' TME iERMS M!D PROVISqryS CONiNNED IN THE DOCUMENT ENfRLEO 'ASSIGNMENT OF RICHTS AN~ ASSUMPTION OF OBLICJ TIO Zp CF( .--+ ~ N UNDER A~f~R0.~BLE HOUSING ACREEMENY NECORDED JUNE 10. 1010 A$ INSiRUMENi N0 2010-1619T9 OFFICV FECO ~~ e . ~L ROS. ~d~ ~' ~ '~ ~ 9 ~ ~ ~ 11. iNE TERMS AND PROVISIONS CONiNNED IN iNE DOCUMENi EMRLED'MEMORANDUM OF A~FORDPBLE 9• ~j' ,;+~ \ ~ ~q STRAOA DRNE ~ F : 'a , IRREVOCAB MOUSINC AGREEIAENi FOR iME CDNSTRULTION Of INCLUSIONAFY UNIiS ANO PATMENi OF ~EES M LlEll Of CONS7RUCiINC INCWSIONMY n0U51 C TS fs, . (.,~, y IE OFFER ~J` ? h ~ OF OEDICATI N UNI N RECORDED NDVEMBER t}, 2ppg A5 INSiRUTAENi ND. 20W-358128 Of OffIC1IL RECONDS q O f~AJ ~ 2010-I64094 ~Dy i % ME TERUS AND PROV5qN5 CDNiANED M THE DOCUMENT ENfRIED 'ASSICNMENT OF RICHTS ANO ql. 'F, ~N59°2J'}Y'W 56.34' tiSSUMP7lON OF OBLICAiION uNDER AFFOFOFBLE MOUSING ~GREEMENY RECOR~EO JUNE 70, 2010 f5 ~N57RUMENT N0. 2010-161919 OiFICIII RECORDS. ~ `~ 11. iHE iERMS, PROVISIONS AND FASENENi(5J COMNNED IN iNE DOLU4EM ENTI7LED'FlSENENI `~y ~ / ALREEMENY RECORDED MAY ~, ppt0, AS INSifiUMENi N0. 20101211I9. / RESULTAM PARCEL B-2 CONTINUEO ON SNEEi 3 a" '~ ° IR-51 ~ s o • • • TRACT 803 7 . . o e pss zr i-s.u erm -N A SUBDMSION LOT LINE A0.1USTMENT 10-01 RESULTANT lA STRADA DRIVE PARCEL C-2 AS RECORDED IN SERIES NUMBER :REV~UBLE OF~Eft 2010-080274 AIAMEDA COUNTY RECOROS OF DEDICATION Cltt OF DUBLIN 2010-I6d095 ALAMEDA COUN7Y. CALIFORNIA ~. 50. ,~~~ Z~~ mncKnY $ somps SGLE: 1'.I00' siae nu+aM d. Rth N~i u ww pT,lm=mw JUNE. 2010 7931 X ~ ~~.f ~: R FE ERENCE$ (R-1) R~pE64~0~N~RE ORD5~5. BK. 16 R,0.5., PG. 37-51 (R-1) iRACi )851, BK. 303 OF MPPS PC. 6-15 ALlMEW CDUNTY RECOROS (R-}) RECOAD 03~, BK. 305 Of YAPS PG. 51-51 ALVAEDA COUNtt (R-4) LDi LME ADJUSiMENt No. LIA-09-0~, SERIES No. 1010-Oa655B (R-5) l01 IiNE I~DJU5TA1EN1 No, LU-10-01, SEfHES No. 20t0-OB027~ ~R-6) 1RACi 8056, BK OF MAPS PC. _____- ua~Ea~ cOUNttl~~tbk65 --- E~R1 9 Nj6.}3;5 . 11 ! N8Z~71~p'~ ~in. ,S '19 !~ ~ / \; ~s 68 \ ~ ~ :o.P ~ ~~" 17866 f SF Fi;a'Ti\ ~., ~Qi :r. ~4i. \ ~' ~a \ . tiy , ~ ~ tlOhS; 1. ~Ll BEARINGS SNOWN AR[ @ASED UGON GYIFORNt4 COORDINAiE SYSiEM ZONE III. 1. Kl DiSiANCES SNOWN ME GROUNO LE4EL DISTANCES, NULIIP~Y DISTANCES BY D.999905a i0 ~BiAIN CFID DISiANCES. 3. S/a' IRON FIPE 10 BE SEi qt AlL RUR LOT CORNERS, YnTN CM Sip1APED'LS 796V. Q.}`.~~'~p.7~~j4 ~01 ~`w/ 82~ _-~'•1 ~~~ ~~~~ `,b'0~ . ~ir 1 \1,,y - ,~ ,, -~,~. ANv~,., - ~ _-- `^:,T ~' Nbp1h'3~~ g• PSE p ~'1'I ~ W ~~ 6~ . 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I6. 7HE 1ERM5, PRdv1510N5 AND fASEMENi(S) CONiNNED IN iHE DOCUMENT EN7IiLED '1ENPORIRY ALLESS, GRADiry~ µD CONSiRUC11DN EtSEMENf RECORDEO JUNE 10, 2070 AS INSiRUMEN7 N0. 201016I93~ OF OiFICNL RECORDS. ll, iHE iERMS AND PROV190N5 CONfNNED IN iHE DOCUMENi ENiIT~Ep 'MERCMANi BuILDER DECW7ATi0N i0R VDSRANO' RECORDEO JUNE 10, 7010 /S INSTRUMENt N0. 2~10161935 Of 0(iICIAL RECORDS. ,b ~"• ~~ i ;,, 1. A NON-E%GLUSIVE FASEMEM, LYING WIMIN PARCEL I-1, A$ SHOWN ON THE MM 0~ TRACi 7851, fILED MR0. IB, 2008 IN BOOK J03 0~ MMS, AT PACES 6 : B6~ "' ~ iHROUGH 15, AIAMEDA COUNIY RECOROS, i'OR PRNAiE INCRESS AND ECRE55. M!D AlL PRIVAiE UTILIiIES, INCWDING ALL REUTED MPURTEtUNCES, OVER iHOSE ' 5 t ~Q'~Z \ PORTIONS DF PARCEL A Oi PMCEI MM 9208 OESIGNA7ED ~BB' VRNATE ACCE55 ~N~ UiI fY F ' ~ 6 = 'la)1.'~Bl.gz. ~ U /SEMENT (PAUE FOR PMCELS B, C, h DY AND PAUE FOR PMCELS B, C, d D ON SUD PARCEL MFP, AS SPEC61~D IN iHC OWNER'S CERi1FIGIE ~F ~ PIRCEI MAP 9208, $AID FASEMENi 51W,L N1fOMAiIGLLY 1ERAlINAiE UPON E ~ ~~~ iB~ ; ME CItt OF DUBLIN OR A~M',FUTURE~P ST T E ~ r FY a z9 M M '1 _ , UBIJ[ R i E DEDICAiION 10 1HE Cl1Y O D U BE~E OVER TMOSE MEAS CDMCIDENT WIiH iHE PRNATE ACCE55 IND U11~11Y ~ BO'OJds ~= FA S i88.~3. I. NON-E%CLUSNE TEMPORAHY FJSENENTS FOR THE CONVEI'ANCE OF N4iURAL STORM e ~'61.35~'' ~ ' WAiEfl RUNOFf AND IRRIG~TION WATER OVER iHOSE ~ORTIDNS OF iHE PRDPCRtt ~S DESCRIBED IN iNE GBEUENi GRANT DEED RECORUED 1WUARY 30 1002 AS $ , INSTRUNENT N0. 2002-4J951, OFfICNL RECORDS OF ,WMEDA COUNtt. _ - 47 " 3. A NON-E%CLUSNE FASEMEM, LYING WITMIN PMLEL H-1, AS $NpWN pry ~HE MAP DF iRPCi 7854, FILED MRM1 2B, 2008 IN BOON 703 OF I/APS Ai P,1GE5 6 6500 ~ iMROUGN I5, AIMIEDA COUNfY RECORDS, OvER ~ND ACROSS PMCELS C AND D 0~ PMCEL 1UP 9208, FILED SEPiEMBER 6 P006. MM BOOK 291 PILES 16 PND t SF ~ 4H , , 17, AtAMEDA COUNtt RECORDS, fOR iNE PURPOSES Of MANING N15 AN/OR _ ~, PUCING FILL µD CONSTRUCIINC LONSTRVCiION µD THE NECESWZi INGRE55 ,W~ EGRE55 NECESS~RY FOR SUCH ItiMfiES. AS CRANiED IN iMAT CERTNN 6 ~ iEMPORMf GRAOMG AND CONSiRUCTI~N EASENENi RECORDED SEPTEMBEP I5 , \ , , 2006 A$ INSTRUNENT N0. 20p5-}5pT96 OF O~fICUL RECORDS. - - - -"- - -o~Sr~J.sy, 9'20'4 ~ W ~BZ - '~40'09 ~8. 18' ~ NS ~.8 \M L=79.~J' 9..Sn. ?1a:39 w ~87a~. ~ "Q IS D BF/J7INC5 SMOWN HEAEON, I$ iHE LINF * SF N~y3 ` I BETWEEN USCdCS iRW1GUUiIDN STAilONS'(ALLOIf AND ~ ~ "40UNT DVBLO iOWER". iNE CRID BEMING GLCUUTED ~ ~'~5 ~pV 1\ ~ ~ J 7 I ~ r ~ROM PUBIISHED CCS 17 ZONE ] GPoD COORDINATES fOF ~S~p((N ~ i6 ~ ~ J~ ~ J CS iM15 LINE IS iP1cEN AS NORTM IS•/4'11' WEST. I ~~j~ gNY \ 6~ ` \1 J J 1 ~ I ~~i ' ~ ~ ~ , , ~ -r~acr ao3s (}~-~~ I I i 59 I I : •~~ I I j OJ I o• ss• 50' ioo• SGLE: 7".50' 4. AN CA$EMENi FOR INCFESS INO EGRESS, GRANTED TO F,410N ENIERPRISES, INC., A CALIFONU CORPORAiIDN, RECORDED JULY 17, 1970, SERIES N0. 77340, REEL I658 Ofl, IMACE SJS, OVER A PORTION 0~ iHE SOU7MYESIENN OUARiER p~ SECTION J<, i0Wry5MIP 1 SIX1iM, RANGE 1 FAST, MOUNi pIA6L0 BASE AND MERiDUN pESCRiBED h5 fDLLOWS: BECINNINL Ai iHE NORiMENL7 fERMINUS OF iME CENfER 0~ FrYLON ROAD IN /HE SOUiHERN BIXINDARY Of ~ALLON RNlCM; IMENCE WESi }1.67 ~ET N.ONG AN E%ISiING FENCE LINE; TMENCE LFAVING S.VD FENCE UNE AND RUNNINC NORiN 18'10' NESi 6}„j} FEET; TNENCE PAR,ti~EL N1TH SVD FENCE IINE; EAST 51.67 lEEi; THENCE SOUTH 18'a0' EAST 61.1} fEEi i0 THE POINT OF BECINMNL. LEGEND - - - - - BOUN0.VtT LINE LOt LME/PHiCEI LME ---- E%ISTING RICHT OF WAY LINE - - - - - - E%STINC PROPEF7Y LME -~- -~- MOM1MENi LME ~ SiREEi MONUMENI 0~ RECORO PER TRACT 8036 (R-6) STAMPED 'l5 7960" ~ SEi Citt OF DUBLIN S7INDARD S7REE7 AIONUMENi SiMIPED 'LS 7960' ~ INGLE POINT &J0Y BOUNDARY Y-M AqNUMENi 10 MONUMENf M-PL MONUMENi i0 PROPERtt LINE PL PROPERIY IINE PSE PUBIiC SEFNCE EISEMENI (R) RAOl4 BFARING R.0.5. RECORD Of SURVfI ~n,3 ~ INOICATE$ SNEET NUMBER ~~ TRACT 8037 A SUBDMSION LOT LINE A0.IUSTMENT 10-01 RESULTANT PARCEL C-2 AS RECORDED IN SERIES NUMBER 2010-080274 AIAAIEDA COUNTY RECORDS cin ov oueuN AIAMEDA COUNTY, CALIFORNIA mncKnYB~ somps s~.a muu. n, nuwnv"'VFp6i. u wxe nnur:-ado JUNE, 2010 SHEET 3 OF 4 19319-OiC ) ~ ~ .128.00' C•~YS$ ~~Z5.9I. ucn,.~.rW RESULTANT FARCEL B-2 IR-51 ~~J I \~ J) `~ J`j ~\ J/ ~ ~1 . ~ \ ~ 1, 1 i i~~.xo~ uo,w x~no~, v~iy~isVNTMKr emnnm.owc ~ar,u.~. )7~0 _~OM ~' N~u' W t N 5~'1~ ~J6.6~g' =' 18.96'BNDY 1}N~ 69.B0' ~ _ _ <6.58~ 59 RESULTAtJ~ PARCEL B-2 58 ~~ ~e-s~ 8776 W 8583 1O t sF = t sF a 56 ~ 8632 '- ~_ ~ 3 SF R;Iq)2,d~ d;pj999J~ ~~ ~~,3•p 6 L_~ 2JJ5• ~- 'M 5~~~8a 8I.52• 69.80- -~ B PSE p_ N56`~7605'(~p~~_~~66p5JMS,y NSfi J55' NSEJ~•~. ~578 d=Ap35fi w IS.Jg~ ;~ (51.2)~)~'Q~~SJ.1J') '^ W 28<.90' '-'~IS BhDY ~ • I - N5E ~ ~ d_pI•5~,d3 ' ,; e ~ ~7ALL•'~j~J355'W IIB.85' M-p` ' a `PSf~!,= ~ ~~~ ^-Herz6osciR AN~ DRIV -- ~ Q 51 ~ , 1~,~. E 47 5 5 ~ - _ N5 +°' R~2RD0896 ~-`~ t / ~P y 8 -6.60.E33'S5'W 165.I2• ~ = 48 ~;~ 1 ~ ~ ~<~;4z~'r°'',n `'- __6.00 901 7 °~ ~ ~' ~ .,~.~~ .~. o - _ 3 SF ~~ R ~ ~ SO _ ~ _~ ~o ~$W 49 eae3 N57°I ]'OJ'W 97.16' I '~. ~m ~ ,o ~J ~ eo i = E- ~sti o I~ 7465 ~ t SF ~ 6526 ; ~ 6 °~W'~z ~ ~ _/ t SF i . ~; t S F 26 ~ ~ ~ °' r' ~o.ar = ~ ~. I ry~ ~ 1 75.90' 65.62• 2 7 ~ 09S 0 I h~ I~~ h ~ 60.57' 6J.01' n='1 ~ Q = h= ~ 66.02~ ~ ~i ,2 ~` i~, 25 asr,6.a ~ rt ?, ~ ~ ,~ iq 9550 ~ ~ i oas. I ~ ~ I°' t SF = ~ ~ \ B. PSE <~ oJ.9~~, ~ ~' ~ i e5~ N 24 23 ' Nsp ~~,~`''4.~~ l '~ ~ a,5 b.~n ~ 7386 ~ 7938 h. ~3' ~ f"" ~( 'L 0 N3T.5g W 15T ._. .~...t0.~ V Q'',' 92 \9 f $F ~ i$ F n NSrpy\ • ` ~ ~ ~~~9J,)I.~ ~.~~~ I ~ ~ ~ 1 ~ ~ I ~ ~ I ~ ~ f ~ 60 i i I I ~ , ~i ~ I i ~R.~-~C~ GOJG ~~-~O~ I i ~ ~ 1 ~ ~ I ~ ~ ~ ~ I , , ~ ~ ~ 1 ~ ~ i I 1 1 ~ ~ I ' ~ ~ ftESULTAM PARCEL D-1 SERIES N0. , 20oa-120732 N~'01'18'ry~qJ 12.Ip• ~ i I I I i ~J I I I 1 i ~ Y~cni~ I 6: ~ I I aa ~ ~ L~I I ~ ~.) I g ~ I ~ ~ ~ I ~ I i gHpy 7 ,; -~ i CORD 0~ $UNVF1' No. 1005, BK. 16 F.0.5., PG. 37-51 AlAMEDA COUNiV RECORDS (R-2) TRACt )854, 8K. J03 OF NAPS PG. 6-IS IUUEDA LOUNiY RELORDS (R-3J iR~Ci BD3a, BK. 305 Of uM5 PL. 54-57 A1puEDn COUNtt RECORDS (R-1) ~Oi LINE ADJI/SiMENi No. LtA-09-04, SERIES No. 2070-046558 (R-5) LOi LINE ADlUSiNENi No. LlA-10-01, SERIES No. 2010-OBD27~ (R-6) TRAC1 BOS6. BK 0( MIPS PG. _"'_ "___ AlAUEOA COUNtt-qELDIF6S N~iCUt BEARINCS SHOWN ME B,ISED UPON GLLIFORrM COORpWQE SrSiEM 10NE Itt 2. ALL DST/~NCES SNOMI ME GFOUND LEOEL DtSiANCES. MU~TIPLV DISIANCES Br 0.999905~ i0 OBiAIN CRID qSTANCES. 3. 3/4' IRON PIPE TO BE SET AT KL RFM LDI LORNERS, WIiM CAP STAIAPED 'l5 7960'. BA515 OF BFIRINC4 THE BASIS OF BEMINCS SMOWN HEREON, i5 iHE LiNE BE7WEEN USCkCS iRUNCUTAiION STAiqNS'fµ,LOM AND'MOUNT DIA9l0 tOWEK. THE CRIO BFMING CALCUUtED FRON 7U8uSNED CCS 27 ZONE } GRID COORDINAiES FOR iHIS IINE IS iAItEN ti5 NORM 1Y11'11' WESi. 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 macKnY 8~ somps ei.:e ~wwnN oa nuswmh, u Hxe ~~njm.oreo JUNE, 2010 -OiC LEGEND ----- BOUNWt1' LINE l01 IiNE/PARCEI LiNE ---- E%ISTING PoGHT OF WAY ~INE - - - - - - E%ISTINC PFOPERtt UNE -~ -~- NONUNEM UNE ~, STREET NONWEM OI NECORO PER TRALi 8036 (R-6) SIAMPED "LS 7960' ~ SET CrtY OF q18LIN STANOARD STREEr NONUMENf SiANPED 'l5 7960' f~ ANGLE POINT BNDY BOUNQM' M-N MONUMENT t0 MONUMENT M-PL NONUMENT 10 PROP[Rtt ~INE PL PROPERtt LINE PSE PUBLIC SERVICE USEMENi (R) RADUL BURINC R.0.5. RECORD Of SURVEY ~q 3 ~,~. INDIGiES SHEET NUMBER ~~ j W Y T ~ /~ ~ o• 2s~ 50' ioo• SG1E: 1".50~ K -.~ ~ ~ i b~ ~ Ji~ I ~ ~ I ~ I oJ ~ ~ I ~ 1 ~ JJ I J~ ~ OCJ ..,~ pJ ~ ~ --~. E,. ,. 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 --, ~ " ( ~ ~. .. 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 - To the Resolution ~_. O ~. 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 ..v'-~'~..F .?l 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. 3 I O c~--~-- . 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 I ~ D~Y 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 f -.., ~ ~ o.,~ ,. 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. ~~~ ~.~ i= 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. 7 1 ~--n t~:-~ ~: ~ 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 8 -;F ~; . 1~ o ~ 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 ~D C.~ 4"`°~ . ATTEST: City Cierk DEVELOPER D. R. Horton BAY, Inc. By: ~_~-'`~~, ~~ ,~ ~.. ~~,=,~~ ~ ,V~-Fl,s Print Name _ 1-~~_ • Q ~ .-.. ~ ~~ <I c, ~zu s~ c\ ~ ~ ~- Title G:IDEVELOPMENT, PRIVATEIFallon Village (EDPO)ITract 8037 - Braddock & LoganlTract 8037 improvement agmt.doc 10 i~~~~~ r 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 ~~~ ~ ~ ,- 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 ~__ _-~ ~ y~ ~ k~-~-M -~ 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 ~ -N~ ~ ~ ~ ~ _~ mAacaYS~sonws ~~~ ° 1 OF 1 ^,` ~ Q -~-- . (~.° , r..1 ,_ ~.~.. ~ l ~~~ z'~ 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