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HomeMy WebLinkAbout4.07 Fallon Rd Gradingor~DU~~~ CITY CLERK ~~ ~ 1~1 File # ^®©0-©~ -~-~ sz ~ ~ ~~ \~ifT r~.,.~.~15~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 6, 2009 SUBJECT: Approval of Release of Security for Rough Grading -Fallon Road North, Phase 1 Report Prepared by: Melissa Morton, Public Works Directo ATTACHMENTS: 1) Improvement Agreement dated February 6, 2001 2) Resolution Approving the Release of Security for Rough Grading -Fallon Road North, Phase 1 RECOMMENDATION: Adopt the Resolution approving the Release of Security for Rough Grading -Fallon Road North, Phase 1. FINANCIAL STATEMENT: The remaining amount of $3,556,370.00 in the bonds provided by Sierra Land Development Corporation and issued by the Developers Surety and Indemnity Company (Bond Nos. SSSOOOS, 5550015, 5550025, 5550045, and SSSOOSS) is sufficient to complete the Fallon Road North improvements. The Developer will provide a one-year Warranty Bond for the improvements upon the City's acceptance. DESCRIPTION: The Lin Family and the City of Dublin entered into an Improvement Agreement for Fallon Road North dated February 6, 2001, Resolution 9-01, to construct the Fallon Road North improvements to satisfy a Condition of Approval for Dublin Ranch, Area A. This Condition, as shown as Exhibit "A" of the Improvement Agreement (Attachment 1) requires the construction of Fallon Road to the north property line of Dublin Ranch. The Improvement Agreement for Fallon Road North was amended on January 20, 2004, by Resolution 14-04, to include Sierra Land Development Corporation as a Party to the Agreement. Sierra Land Development Corporation provided six bonds issued by the Developers Surety and Indemnity Company (Bond Nos. SSSOOOS thru SSSOOSS) in the total amount of $3,780,770.00 to secure the grading COPY TO: Jim Tong, Lin Family Representative Page 1 of 2 ITEM NO. 1 • / G:\DEVELOPMENT, PRIVAT)/\Dublin Ranch\Infrastructure\Fallon Rd North\agst grading bond release.doc and improvements, conditioned upon faithful performance and the payment for labor performed and material furnished under the terms of said Agreement. The rough grading for Fallon Road North, Phase 1, secured by Bond No. 5550035 in the amount of $224,400, is complete, and in accordance with authority contained in §66499.7 of the Government Code, "Manner of Release of the Security," this bond may be released. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving the Release of Security for Rough Grading -Fallon Road North, Phase 1. Page 2 of 2 -. City of Dublin ilVhen Recorded Mail To: 7~ City Clerk ~ City of Dublin ~°~ ~~ l~Z~ 2001058052 02114/2001 12;56 PM OFFICIAL RECORDS OF RECORDING FEE: 0.00 ALAMEDA COUNTY PATRICK O'CONNELL I~111~1~11~111° '" 100 Civic Plaza Dublin, CA 94568 ~ i~~;~ ~ ~: ` ,J,,~.i Space above this line for Recorder's Use IMPROVEMENT AGREEMENT FALCON ROAD NORTH This Improvement Agree g~t for th F Ilon N h Project is made and entered in the City of Dublin on this~~lay aF;~ 2000 , by and between the City of Dublin, a municipal corporation (hereinafter "City"), and DR Acquisitions, LLC, (hereinafter "Developer»). RECITALS A. The Eastern Dublin Specific Plan provides for Fallon Road as an arterial street connection between the EI Charro Interchange with I-580 on the South to Tassajara Road on the north. B. By Ordinance No. 23-97, the City approved a Planned Development Rezone fora 351.5 acre site, known as "Area A". The general provisions for the Planned Development District for Area A are set forth in Resolution No. 139-97. C. Condition 13 (attached hereto as Exhibit A) of the Public Works Conditions of Approval for Dublin Ranch Area A included in Resolution No. 139- 97, requires Developer to construct an extension of Fallon Road ("Fallon Road North" or "The Improvements"), across Developer's property north of Area A. The location of Fallon Road North is shown on Exhibit B. The further extension of Fallon Road north to Tassajara Road is not included in this agreement. D. Fallon Road is a major arterial street planned to serve future regional traffic demand. The Fallon Road North project is not required to meet traffic demands from build out of Dublin Ranch Area A-E. E. On July 25, 2000, the Planning Commission of the City of Dublin approved a Master Vesting Tentative Tract Map for Tract No. 7135 (Planning Commission Resolution No. 00-36), which creates master lot areas for further neighborhood subdivision, a golf course, open space areas, roadways, and areas for common homeowner ownership. The Planning Commission also approved Improvement Agreement Fallon North Project Page 1 of 13 January 3, 2001 ~ - (o- 0`~ `f'7 AifA~~ll~llf L 2e~a~ Vesting Tentative Tract Maps for Tracts 7136 to and including 7142 (Planning Commission Resolution Nos. 00-37 to and including 00-43), creating Neighborhoods A-1 to and including,A-7, respectively. F. This Improvement Agreement is intended to implement Condition 13 and secure Developer's obligations pursuant to Condition 13. NOW THEREFORE, the City and Developer hereby agree as follows: Precise Alignment. Developer shall submit a precise alignment for Fallon Road from I-580 to Tassajara Road no later than Council approval of the first Final Map for all or a portion of Master Final Map for Tract 7135. The precise alignment shall be in a form which is acceptable to the City Engineer. No later than City Council approval of the first Final Map for all or a portion of Master Tentative Map 7135, Developer shall submit to City an irrevocable offer to dedicate ("Offer of Dedication") sufficient real property to enable the construction of Fallon Road North in a location which will be acceptable to applicable regulatory agencies. The Offer of Dedication shall conform to Government Code Sections 7050 and shall be in a form acceptable to the City Engineer. 2. Conceptual Grading Plan. Developer has submitted a Conceptual Grading Plan for Fallon Road North to the City Engineer in a form acceptable to the City Engineer. The Conceptual Grading Plan shall be used by City to determine areas needed for slope easements. 3. Dedication of Right of Way. The Offer of Dedication shall be in lieu of the right of way #e~-FaAeef_c~r Fallon Road North, shown as Parcel 1 on the Master Tentative Map for Tract 7135. 4. Deposit Funds for Environmental Review. No later than City Council approval of the Final Map for Parcels A-6 and A-7 on Master Tentative Map Tract 7135, Developer will deposit with City the sum of Twenty Thousand Dollars $20,000, which funds will be used by City when deemed appropriate to do environment review for the Fallon Road North improvements. Improvement Agreement Page 2 of 13 Fallon North Project January 3, 2001 ~~, 5. Plans and Specifications No later than City Council approval of the Final Map for the last to record of Tracts 7137 (Neighborhood A-2), 7138 (Neighborhood A-3), 7139 (Neighborhood A-4) or 7140 (Neighborhood A-5) or earlier than such date if required by City with 180 days advanced written notice to Developer, Developer shall prepare plans and specifications for Fallon Road North in a location and form satisfactory to the City Engineer. 6. Grading and Construction. No later than City Council approval of the Final Map for the last to record of Tracts 7137 (Neighborhood. A-2), 7138 (Neighborhood A-3), 7139 (Neighborhood A-4) or 7140 (Neighborhood A-5) or earlier than such date if required by City with 180 days advanced written notice to Developer, Developer shall provide City with a Performance Bond and Labor and Materials Bond for grading and constructing Fallon Road North. The Performance Bond shall be in an amount equal to 100% of the estimated costs of the improvements, as such costs are agreed to by Developer and the City Engineer, and the Labor and Material Bond shall be in the amount of 50% of such estimated cost of the improvements. Both bonds shall be in a form approved by the City Engineer and executed by a surety authorized to do business in the State of California. In lieu of bonds, Developer may provide City with a letter of credit as a substitute for either or both bonds. The letter(s) of credit shall be in a form and duration approved by the City Attorney. The improvements shall be completed within one year of execution of the bonds or the letter of credit. 7. Acceptance of Offer of Dedication. The City shall accept the Offer of Dedication when the improvements are complete and in a form acceptable to the City Engineer for acceptance. Immediately following or contemporaneous with acceptance of the Offer of Dedication, City will abandon those portions of the land offered in the Offer of Dedication that City does not need for the right-of--way for Fallon Road North, provided City shall retain a slope easement over such abandoned lands as necessary for maintenance of the slopes of Fallon Road North. 8. Insurance Required. Concurrently with the provision of security to City pursuant to Section 6, Developer shall obtain or cause to be obtained and filed with the City, all insurance required under this paragraph, and such insurance shall have been approved by the City Manager, or his designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, Developer's general contractor shall obtain or cause to be obtained and filed with the City's Risk Manager, all insurance required under this paragraph, and such insurance shall 3~2~ Improvement agreement Page 3 of 13 Fallon North Project January 3, 2001 r t have been approved by the City's Risk Manager, as to form, amount and carrier. Developer shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for Developer and Developer's general contractor shall have been so obtained and 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: (i) Insurance Services Office form number GL 0002 (Ed. 1R3) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) (ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (iii) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. b. Minimum Limits of Insurance. Developer shall maintain limits no less than: (i) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (iii) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Improvement Agreement Fallon North Project Page 4 of 13 January 3, 2001 ~~~~ ~, ~~z~ 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 orself-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the City, its officers, officials and employees; or the DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (i) General Liability and Automobile Liability Coverages. (a) The City, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities pertormed 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 sha11 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 Improvement Agreement Fallon North Project Page 5 of 13 January 3, 2001 ~~ z ~ is made or suit is brought, except with respect to the limits of the insurer's liability. (ii) Workers' Compensation and Employers Liabilifir Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Developer for the City. (iii) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (b) Verification of Coverage. Developer shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Subcontractors. Developer and/or Developer's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Improvement agreement Page 6 of 13 Fallon North Project January 3, 2001 -~~ ~ ~ 9. Work Pertormance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, Developer guarantees all work executed by Developer and/or Developer's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to City as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by City. Developer shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to City. Developer further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for the corrected items for an additional year to insure that such defects have actually been corrected. In the event the Developer shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time or such longer time period as agreed to in writing by the Director of Public Works, after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and Developer shall pay to City on demand alf costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, City shall have the right to immediately repair, or cause to be repaired, such defect, and Developer shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of City. If City, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, Developer shall pay, in addition to actual costs and expenses of such repair or work, twenty-five percent (25%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of biAing for such work or repairs. 10. Inspection of the Work. Developer shall guarantee free access to City through its Public Works Director/City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said City Improvement Agreement Page 7 of 13 Fallon North Project January 3, 2001 ~~2~ 'representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the Improvements plans and specifications. 11. Agreement Assignment. This Agreement shall not be assigned by Developer without the written consent of City. 12. Abandonment of Work. Neither Deve{oper nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this Agreement. If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if Developer should be adjudged as bankrupt, or should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed, or if Developer, or any of Developer's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the City through its Public Works Director may serve written notice on Developer and Developer's surety or holder of other security (including any letter of credit) of breach of this Agreement, or of any portion, thereof, and default of Developer. In the event of any such notice of breach of this Agreement, Developer's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer and Developer's surety shall be liable to City for any damages and/or reasonable and documented excess costs occasioned by City thereby; and, in such event, City, without liability for so doing, may take possession, of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor. If a letter of credit is provided in lieu of a surety bond, the letter of credit shall provide for payment to the City for the remaining work to be done at the time of a default upon demand by City. Improvement Agreement Page 8 of 13 Fallon North Project January 3, 2001 ~~ ~~ 13. Use of Streets or Improvements. At all times prior to the final acceptance of the work by City, the use of any or all of the streets to be constructed under this Agreement shall be at the sole and exclusive risk of Developer. 14. Safety Devices. Developer shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. Developer shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Developer, and the entire site left clean and orderly. 15. Acceptance of Work. Upon notice of the completion of The Improvements and the delivery of a set of final as-built mylar plans with electronic file to City by Developer, City, through its City Engineer or his designated representative, shall examine the work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work and right-of--way to the City Council and, upon such acceptance, shall notify Developer or his designated agents of such acceptance. 16. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, Developer shat! be liable for, and shall indemnify City from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 17. Liabili 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, Improvement Agreement Page 9 of 13 Fallon North Project January 3, 2001 IO`~ Z ~ commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of Developer, its employees, agents, or independent contractors in connection with Developer's actions and obligations hereunder; provided as follows: (i) That City does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies described in Paragraph 3 hereof. (ii) That the aforesaid hold harmless agreement by Developer shall apply to all damages and claims for damages of every kind suffered, or a{leged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. b. Design Defect. If, in the opinion of the City, a design defect in the work of Improvements becomes apparent during the course of construction, or within one (1) year following acceptance by the City of the Improvements, and said design defect, in the opinion of the City, may substantially impair the public health and safety, Developer shall, upon order by the City, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the City for the corrective work required. c. Litigation Expenses. 1n the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If City is the prevailing party, City shall also be entitled to recover its attorney's fees and costs in any action against Developer's surety on the bonds provided hereunder. Improvement Agreement Page 10 of 13 Fallon North Project January 3, 2001 -~~~z~ . . 18. Credits. City shall provide a credit to Developer for dedication of any right-of-way needed for The Improvements if such right-of--way is needed for improvements described in the Eastern Dublin Traffic Impact Fee (Resolution No. 225-99 including any amendments thereto). All aspects of the credit shall be govemed by the City's Administrative Guidelines (Resolution No. 23-99 including any amendments thereto). City shall provide a credit to Developer for construction of The Improvements if such improvements are described in the Eastem Dublin Traffic Impact Fee (Resolution No. 225-99 including any amendments thereto) and if such improvements are constructed in their ultimate location. All aspects of the credit shall be governed by the City's Administrative Guidelines (Resolution No. 23-99 including any amendments thereto). 19. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 20. Recordation and Effect Thereof. This agreement shall be recorded. The property affected by this agreement is the land shown on the Master Vesting Tentative Tract Map for Tract No. 7135 and is described on Exhibit C, attached hereto. The recordation of this agreement will serve as notice to any future owners of the property subject to Master Vesting Tentative Map 7135 that the obligations of Developer hereunder shall be satisfied at the times specified herein and, notwithstanding the provisions of Government Code Section 66458 regarding approval of final maps, that failure of the Developer to satisfy such obligations at such times will be cause for the City Council to refuse to approve Final Maps for Tracts 7137, 7138, 7139 and 7140 (see Sections 5 and 6 hereof) and/or building permits for construction on the property covered by such tentative maps due to lack of consistency with the Planned Development Rezoning. To effectuate the provisions hereof, DEVELOPER hereby agrees it will not assert the .provisions of Government Code Section 66458 in any proceeding to require the City Council to approve a final map for Tracts 7135, 7137, 7138, 7139 and/or 7140 until the respective obligations hereunder relating to such Tracts are satisfied. DEVELOPER further agrees to require any future purchaser of the property described in Exhibit C to similarly agree in writing. Improvement Agreement Page 11 of 13 Fallon North Project January 3, 2001 ~z~~~ 21. Notices. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to City shall be addressed as follows: City Manager City of Dublin 100 Civic Drive Dublin, CA 94568 Notices required to be given to Developer shall be addressed as follows: Martin W. Inderbitzen 7077 Kolt Center Parkway, Suite 120 Pleasanton, CA 94566 With copy to: James Tong Charter Properties 6601 Owens Drive, Suite 100 Pleasanton, CA 94588 22. Exhibits. The following Exhibits are made a part of this Agreement: Exhibit A: Condition 13 of PD Rezone Ordinance 23-97 Exhibit B: Location of Fallon Road North Exhibit C: Legal Description of areas affected by agreement (Land covered by TM 7135.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. City O U LI By: G S. Houston Mayor Improvement Agreement Fallon North Project Date: 9 4 / Page 12 of 13 January 3, 2001 ~3~ ~~ ATTEST: By: ~ Date: o~ O/ Ka k Ci Irk Approved as to Form: ~~`~~ ~ ~ ~ City Attorney DEVELOPER: DR ACQUISITION I, LLC Date: !-- ~=gym l By:..~~~.~ sr ,~, ~ N Its: AiYf~G~/5/Gx ~~rfr (NOTARIZATIONS REQUIRED) J:IWPDUTA nrsw1114\103\AGREE1Fallon-North_010301.doc Improvement Agreement Page 13 of 13 Fallon North Project January 3, 2001 ~~~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of i1~p On 9 ~ ~ ,before me, ~ / ~~~~ /u~lf~~ ~u,C7L /Ci , to ~1 n Namq and Title of Officer (e.g.. 'Jane Doe, Notary Public ) personally appeared w~ KAY I~CK Commision # 1280069J~ hlotQy Public - Cati6ornia ~ aomeda County w+y Camm. 6q~ies No~va2D04 Place Notary Seal Above ~ personally known to me ^ proved to me on the basis of satisfactory evidence to be the person whose name is(,~e subscribed to the within instrument and acknowledged to me that he/tee executed the same in hiss authorized capacity(jss); and that by his~r signature~on the instrument the personJe); or the entity upon behalf of which the person/,s~' acted, executed the instrument. WITNESS seal. OPTIONAL Though the information below is not required bylaw, it may prove valuable o persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type. of Documnn • Document Date: ~ ~ ~ Number of Pages: Signer(s) Other Than Named Above: ` ~ ~-~ Capacity(ies) Claimed by Signer Signer's Name: ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact C7 Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing• O 1999 Notional Notary Aagoda8on •9350 De Soto Ave., P.O. Box 2402 • ChetsvroM, CA 91313.2402 • www.natiorrelnomry.org Proo. No. 5907 Reorder. Call Tol-Free 1-800879-8927 -~~2~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ~,rfyGs~~/~~-tit On /_~~_, before me, ~~c..e>3~ ~ ~.4lydrl>15.~ , Date Nam and Title of Officer (e.g.. "Jane Dce, Notary Public') personally appeared ~i~T Ye~rf~ , mime(s) of Signer(s) ~rsonally known to me ^ proved to me on the basis of satisfactory evidence SANDY J. SCHNEIDER Commission # 1261 ~ Notary Public - Coiiiomia Alamedc County My Comm. Expires Apr22.3AD4 Place Notary Seal Above to be the persona} whose namefraj islafe' subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/~hertltreTr authorized capacity(•iesj; and that by his/f;s~/~#eir signature~n the instrument the personFaj, or the entity upon behalf of which the person(s~-- acted, executed the instrument. WITN SS my hand and official seal. Sig r of otary Public OPTIONAL Though fhe infomration below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers} Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ®7999 Natlonel Notary Assodafion •9350 Ds Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 3907 Raordar: Call Tdl-Free 1.800.87&8827 ~. EXHIBIT "A" CONDITION NO. 13, PD REZONE CITY COUNCIL ORDINANCE 23-97 13) - In order to .plan for and construct the extension of Fallon Road north of Area A, across the existing Lin property and to an ultimate connection with Tassajara Road, the City will- require the following from the Developer. In conjunction with the first Tentative. Map, the developer shall submit an alignment and conceptual grading plan. With the recordation of the first Final Map, right-of-way and adequate slope easements shall be dedicated for Fallon Road across the existing Lin property to the current northemmost property line. The grading of Fallon Road across the Applicant's property shall be accomplished with the grading of the adjacent portion of Area A, as determined by the Director of Public works. Construction of the Fallon Road street improvements from the northernmost intersection of Fallon, across the existing Lin property and terminating at the current northernmost property line shall be performed with the last phrase of development of Area A. g:developldubranchlfaUon rd northlex A reso Lin agent . , ,. i~~~~ 16034-02 12-1-00 B.C. Page 1 of ,3 E?QIIBTT "C'• DESCRIPTION OF PROPERTY SUBJECT TO IMPROVEMENT AGREEMENT FOR FALCON ROAD NORTH DUBLIN, CALIFORNIA ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIlV, COUNTY OF ALAMEDA, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS: PARCELS 1, 2-A, 3, 6, AND 7 AS DESCRIBED IN THE DEED TO D. R. ACQULSITION I, LLC, A DELAWARE LINITTED LIABILITY COMPANY, RECORDED ON AUGUST 17, 2000, SERIES NO. 2000247985, AND RESULTANT PARCEL `A' AND RESULTANT PARCEL B' OF LOT LINE ADJUSTMENT NO. "00-07" AS RECORDED IN SERIES NO. 2000330114, ALL IN RECORDS OF ALAMEDA COUNTY. (THE ABOVE DESCRIBED PROPERTY COMPRISES ALL OF FUTURE TRACT 7135) END OF DESCRIPTION mAC~Y~so~ps CML ENGINEERING~IAND PLANNING~LAND SURVEYING 5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355 (925) 225-0690 16034-02bt12-14-OOExC.doc ~~~~ Exhibits "B" and "C" are part of this agreement But are not recorded . ~~-~Z~ ~ TRACT .7135 11 I i I A N901YIl1011 ~ PAILL>f 1, =-A, >< ~. ! 7 Y D~ iN. T!R Mp tno YY ~nw xan w ~ ~~~ ..~. a-n-b ON AUCUR IT, I~r >flWp Ne.10001U906 11Q D{t0 tYO w bruual /tag 1111 R I ItFM I Y tl ~~ Nba ~ ,~ ~~ =NON ~0q~' Lt ia'i R ~a 0- Nm11L!'A[R'PNCOI'A' t RfWLTA1R PARCfL'Y' 0- IAT IANL ANG __.._.._..___.._.._.._..---.._.._.._..~. i ._._..___..~._.._.~.._.._._ ._.._.._._.._.._..~_ .. ••-.•-•-••-••""-••~••~••- - ,_______ --~_~ : AWU41'IRtR Na. 'OM A! RiCapDt!• Q1 W1t8 Ne. IOOQ_.~. -- Ry ~~ _~~ DESICtg1ED REtllffeFR ~A(Al1E0A COUNTY R6CORD3. r ~ ttNe b, bM1W AREA Na 2 ~ I - ~ CI`CY OF DUBLIN • ,o,~,,,,, ~~"° '``~~~• taNarb-atrb, 05 a~i r >t~~~ ALAMEDA COUNTY, CALIFORNIA '°° ` I_- ® ~'i•. „w Y. bY.__•,_ ~~! OCTOBER. 2000 ~• . 1. IIIbIIYr b m01 Ilbt / }[ talaltf tOO M rQ ~, ne %' A 'p \~` '. +! u fatwlo a at Iblatrb a1/tl Iw[ tml arlm ' ,~.b-n ~~t',;~`•\~,ti< 1,I~ oo,.no.~m.wob+rolacw..gww ~~ . ~CY~•a If7a®au a, bIa a as ro fa a art a• outw fttbvla aotaen --.• __. _.._.._.._ .._.._.._. _. _. _. _. _. Ilnt lac Im of a a lb fulmoN atNOE • omav wl tbof+ '>~u`.m a u wu .~~,at - f 3Y'S~ ' I mtm iavbm tYlaAr ~ rta saYZ r p-aetbt. • as a• attul vrtnNYb boat NaAwN pa~Y• ~i-_ ~'~ p5 corm In wos t mim ¢mom wurlr a '~n 4 u wq ' / ~ - 10' y R ! ewer r a•tteroc wmaa Yfwaalml wow ~ i'aao i • row wuwlt r Nam ~'~.„1 J~S ~ I! 1 I mNS r iasmsla 1 rum r ~ 5 IA none a t IlalNt msv, atmt la Nb/liA Ir[t r ~ a~<ai ~~""ol yll wts . '^~ .. 1 ~ 7 rua un ~ ,la PARCEL Y' I taab• raR a IbR K Itt.I0. u I 1 - ~ ~ a Nc ~ ~ » ~ YtE I rwa tfabvltfn w: • aew lae twri a rra • ~ r / s ~ ~ a"'F Iwo ti,. -~. 'I ~. i L ~ ; R ~ 5~ le ~ 3O k wmcb ur a. me a xx r m ~ roue Iwage fNx a r Nam • 1 . % ~ I E - Io ! I mNS ®~w~.a tm M'~-N~i'~e~a ~ ~ - . .. ;' 1 ; 3 I l j tt.fbb. neeN la ,bw 1~1 ~. :. ..~..~.. ' . SG i foe Saq I-`II-grftf. ~ ~ NaYNfM N IaNINON a. nna r fg.DL..3¢.._. _. _.._. _. _. _. _. _. _. _. _.._. tbMtt ,__1 .raa tw LtLaI auaj,. Y ~~tte•~' PAR MtfalYa.gilOa ~.~~ ' - i i . s~ :'~ tj I R ~ a m INV. w b ne ttm b atNlwla t1110M. Nawwn ut qu rw roar twn stael two / x taltebr ftr . '~ ~ ~~ " ~ 'i ~ f » ~mmlema s Iva a Ibt rta by _- for utc ~ia'wy'd'~awaufnf i~ - I ~~ tv"nooll~~g114° aa~ - - ~nin~arrfic ea », tar >. be ~ I fe as tons a eb x ffeaa foram vre•c latt . f; ~. ~ ~•-^-••{' mbN biw trot' IabrrRa lama - ~ tewo /er Nola n ft Haab ble ~ aa.au Ie -~, c g i ! rmalnl w bow nt rwa w en - ~ .~'~'Y,,~mrn 1~ + ! bb 1pQ0I11•INUarl fbt tbrwL _ 1111 ae6 dwL Ifbwbl q Ibb. M R . s ~ Q `' . 1~ PARCEL 'a' ~ I 'fewer Oaa N. anf! oA baI ~I g~ D ~ O ,.., mw[ art a wbm a io- Yt~t 1 ~ volw~iml°"°NNaa10AO~iraw°a A`~ors. • ~ ~ ~ laCEL 'E' PARCEL 'A' ~ Oawalf fb?b MI[ abao Nretai ~ b or aarall ur oat bar tbabem a i~ 6~ Y~fi . Oj O7 r I •N°m.'°rmN"Nrw~if :cr°a'Kr~rsa°c Y t P l I e®sxfaalfcaoNivbwr 1 ®reumNtaaraiun r, i• ~~t ~ ~' ~,~~ ~ I tfb~awribetrNNUr vo.a p•p 4~, .. _.._.._._. ._.._.._.._. __~ ~__~ ____ IIf,FERERtElt 7 Abed M Iw p.11 taw / fNrrr •. W. IN9 riattr I.NY. Y. N MA.. M. a•4. rad Ytvr. ~~ NYpa fNNtSAI....~.._••-•-•.-••~••• a•a IMe Mb. IaD Kr b. IIIt K IN YIt, M. IPtt. /MY Yet. . Q~ r ~ aAl rbef tor. tlli W rl.1w NI. W w, N. tFi, tL~Ot Yaa. 1b K R w ao r~ Itrl a+w tbA taq r+a r. tllt ^. w rn. w. w. r,.w wn. tt fxra Piruol'~il~itlarbaa ~ aulw away r 1 ~` /~% Q~ ~ u•n ra twr, rxi~ _. tw bt _ aw. h. ~ ~...at man. I~1p pp ~f aI1001oo~f0m~t.°Y°""mwt'°li ~ ' ~ ~ ~m ,~"~~ xwM"r"~e•fGfu ~•~ ~I.• ~$g 9A41S Oi REARIII~I E! Yawr buao abbr. fre aNO trAato osaNUrmb p tbt P-r ~ w~ wo~i 'saiottatlft'~'savaR M~~Wa~fp>f's~ o~ i~rYS ~s oa [r ~ f n~ ` f ,1, ~ pNygLL ~ ~ y~e ~ ~ toll 1Nt fat t fYIWr N IIOINM I~y~ . /Ial f a 7 INOIt-~ n . SEGMENT TWO FALCON ROAD • EXHIBIT "B", PG.1 OF 2 Zoa~j2 ~ YOO •.;N-bIIM 11Iy YV y.I11Y-M rY b •-'----_ DESgnA1E0 RCIIMIDER tREA N7. 1 If10 ~ www O 1m ~ ",,.nnM 1 1 I ti7 I I l ~S . .al `.; ~ ` 1 I I I f~ t. i ~ yyaapp k~ //~1~1g111o1~~°Im.71'L~Im4 0 uc a m iir ~ dvla.~ml 7j~ mmY as 27. me a Y7xi lrn Ix nIY. nc~ Ir-17-N 1.iL11' halt _.. .........«.r. n.._.._..___. _~._.._.._.._.._.. _. _ _ _,~ _ _ ~ OESIGNMTEO REYNNDER YaU w M-0OrYI ARFA N0. 2 ~ICm Y. M~Oilm> O ~.l IIMO Y.. ICDO-~~ ,,) \~ ~D S.~ S _.._.._.._.:_.._.._.._..~ ~;;0 16 ROS ~~51 ~~. ~o°y ~B PARCE7 ~' ~'i No. I rn k 05' ~ :n O I i•n rB rtnli¢r; _ . n H~10 1. r L7~4 [yYya AM ._. _. _. _. _. _. _. _. _.._. _. _. _ ~o ~ a .n :t i ;n 'o ~ le 1 i '~ •e PMCEL 'A' rFti ~ O ~ O ~,~•~~ P O'B, 1 TRACT 7135 ~ aueomstox a sonar ~, t-4 x. ~ ~ t a Opeano nt tee eem eec~om Ox mceet 17. mee7 seam xn. eoooutee6 DoCemxe tQ eeeo - - 10 0.e.e.t1. eIC0eDt0 ON _. 2000 pl eoeu N•. eoo4_. A~DJue M~xo~'ooP~ tAA6 ID~01 ~ Jk ~'~ t ;u~>~~t courrr~r ~scosDS. CITY OF DUBLIN .® ALAMEDA COUNTY, CALIFORNIA T NOTEg: OCTOBER; 2D00 zm wu1 a k cY1•la wasm w 7n. o a MM lalmrr Nr0 MMS ~l arm LE6f1i~ ice- mwn a..or..rmlra wellow PAIaY OCp MIWrO K7 74 IMII R ult K m. a iT all O anew mr•rt mM1a Yauw IOC YO lq a A (1t llOarm 071m) ` LmnM b w1rY 1 n71r'1D •/ I.L Mq ~ wtss mmom twwlr; Im>, folio M. aa~o7mm. ~ rpae CAV a 01•Iw tt/Y1t1n m11m Yawn wow IOY w0ot • tOKn ROOlerO aMYM 1 Im1 Fw•ro •/ LL Mq SOw1 w eh00010L IMIYLLT A-MOb@ lllarl 1.1007. ^ lOUO Y•M7rM !• MOm SDU IY. 1m7-1mq '. fK/C Or a OROt mwM r UIO.O lp nlregl W ~ 1gIM ~•/q/Ntt M)n'71. Yltm K6e0.YMl t ImR K Mi. K K rmoY oMOlr11s/. le. r1wM m mlm a ma • lase r r n yyg11 rol P-IF aEa 1101m Rmlmm M.111. q1R K tmt M 177. aMw rw uYa Ylaitt{ orMa. wow rot warn - Iolae n11MOe 11Yt a M Ism • mllm a7mlem awrn 1/, NIR >oo. N-mama Mot nwr N~mAN , aOw a ruOlm IRa00 J1111r A 17R dh NOllt mAr10 ._.._ laILS r malilm, m-mmm a M-mNlt Y-Y Yaaaort p YOUMOn 1rll7rr A a10m1e61 LLC • MMR IOOm amen WPl YaMOI W welmlU IIr iows M. 1a7o-_ . Y -K brit a0gm Wren OYnKa wra ~ NOTES; PS[ wruc naMU ••oen ~~• IOU~I ~ MN~ I) 11q IwlO YM 6 b10 IIO M Oa/UYQ mY 11agMC mW mgol m«S a 11t -••- lallelrr IK YA IK "" 9°~B4 i mlmen nll YYE w M IWt Yr ~~ Y rrYl•le Nr lot•la o •uanlwl/ - Yawn Ix aNneimOi K Yr a Me Im Ou a - MIYOn Neltlrl IK 1 olac lam a rM r •rai nlaan ~, ~ ma MYx naa 1rm® mrw O ' wawa wttr Nola -0 M tlt0le 11111n7NM1011 NOllerl YI• 1Maelle ra wel w IYN Y! ima W AmO m Al /7W 111 IYINM4 YI Ole6 aet RE1M01i1 a IYIL M n YOMMr oOr \ 11RO OIO.OI M ' ORLM OYI d rl0•I q 7m0 m7eN ltnnel m as oglrwrtl IN Ym rp mIOJCwm n wOtr 1 /OYIi 0 1mYlm amr.1E nl7ue uaMC~e ~' :. 9 xlalaYe'Y[ma mmi mroo®R ~ ., ~. M IER r6 00MO q0a a 01mM ® m 'taro x Ima r/o/o1f r x 7awr rOMIIr 1~ar8101 m.M MOM ®l Rmm \ >OQ Y 1F11Y1 ! - 7YN! fe as r 7mmw11 •sl a -1~ . OCCrOHM/'f • ' ~ IMI I rmr r wwr7lw Ull. IMO /OIINY I.INA m. N LA/.. N. IFM, MMM tYMr. _••-.. .• IFII IIU01 IIO. IMO Kf Iti NN M. IN M. N. IFII. wMal OYIa. M1g7 SWIY~1~. ~. ~••~••~••~• ~••• p•11 1MI/ IIN: IM Nr 11. r m. IN M. N. NY. •Ma aYMt, Uil Nq MN. IMO MY. I. Na 1L W Ywl. N. Nil. Y.M1Y wYa. 'UdI IIYMI IMI. fMn~~, 11N m.~M, N.~T.Mwa Will. ~Q 9 CIS K BEIRIN6E: "g TMC We p ~UYm10i !wN NmlmMy 1t M l1M[ yiR ~ ~ ~ l ~LI~ 01 Y1 i e I1mM PUm1Mlm Oa t7 20R 1 OIID OeOMp/N10 ' f011 Tlr LYr R iMiM N MMM 1rN71 llgf. eZ°w°b"~ w~.~Yw~~ 1lYli O~tl 1 igN~1; SEGMENT THREE FALCON ROAD ~ ~ ~ ~~" ~./ `....~ TRACT 7135 cue ,r•.'r'Ar-a,nx R ion uA ua .,iA _ ra, it-it-r A SU~IIOION 0- PIiCN f, ='R, 7, 4 ! 7 At DpCll~ UI TH! OQD rum w iwj„"-" r. a wn w. ~ m.uew _ _ TO AIRRC~tl df ~ ~, ~ N~1oR3 "w EOgL._. 1. 7 S r~az t~'I „ uto Ot RtSULTAtR PARQI, A t R6511LfART PARRI. a toT .._.._.._.._.._.._.._.._. _.._.._.._.._. _.. ~ ~ Wt6 ----- _ _%' USIYOR Na'00-_' AS ID IN RRRd Ne. E000 , •~•.~~~~_ DESICNAIED REIWNOER - _--_ ~ _--_ pESK,NAiED REYAaOER ~ ~ ~ ~ ALANSDA COUNTY RECORDS. ,~„ ~ ~ Iaa w. rwrMw AREA No. t ~~i / CITY OF DUBLIN ~w~MMY ~,~~~~""'°"~"~°""' O5 ~~~ 11~/.® ALAMEDA COUNTY, CALIFORNIA ..;. ,___ Q ~ r~ASE1ENT NOTESt OCTOBER, 2000 •:t 1 \ "`C - ~ .~. S. '.6 '~:~'~ I ~Iaa,o mar nt;wa.a r~irau ,wc m a~inm xp " m-t 1t ~~:.L~.~'z;,_~•~: ~ ~ ' f a~awmaMwra ~iaowraia naerwr Oiua e,q L~Q' .._.._.._.._.._ _.._.._.._.._.._.._.._.._.._. ~ v~ i na:Iautnapsi~aaY0.•raalaYOOn ~i ~tpanwmimw.ron -,~t~ e ao~~-'_'~ j ;y S 3~'S` •~r' i man rm~wm wnra 3 rw. m r u~aaa. • nyp oa v u~w/v marYaiAam ;A Rp woort ran .not ~ tam Mamram AMIMr; rtn, mrwlp y rt°~ q "~3 i?i ~` •. j ;6 16 j ~ Mai, m~tafiAA~nna ,wnnaP rraa A ma4 • ran Mannnlf AI taro ,.• ~ wI r ~ rAaa r ~pp5 ~ ~ ~ I narc es 106Mr mrw- Yteorr m r.,aas tr4 / n ~ yat~glctaa ra P-rl vAm g B PARCEL 'C' i Alaao AIIMn A rrA a Ivo. a s i ~ a~a ' rna Nq 5. Na, ~ fI ~ I rrta tM1[Irnf4 Ma . GmM)R ra rM/a ~ lnlat • M~ arrrfPMRw/a1n17 rnl p-.I. IrMat ~-~ ~~ .~~? R 0' i i+ 3O f~ rmm+v n. me, r, ttY, a m ~ rao nuaa st[ at M ra~ro ~ f ' - ~ / j •~mmaiLm~ao ~ ri~a at~rr t wai ran 1 : -ij , I r' ~ r.mme,. noon m wronrM rmm urlA A Ya ph Aral It/rnrM t~ T ' .._.._..~ .._.._.._.._.._.._._ 1m r'A _ _ _ _ _ _ _ _ _ _ _ _ ~_ i I _ _ Sa6 ~Y. ~•OSIa~ nil)fal n n-LPJa/. WY Ya11111b11 A YOllnan anVNa a nm x !g' "Si~. .. a KM1tN l Ya. rrAa Ifs dLnn - Y-R tmrllYal W IAmYIa IIt ., _ ua na t r t a, A r ~ Y so ~a rnr_' ME Mwlt rata Go(a OmGm ~nYal ' 1 1 to ~ ~~ PEE MA: tntKt lAOrOn I i ~~ i IO I 5 I) a6 rraa W 6 Ian rna w amAmrtt MIL IamiCVrf 1Nt OW ~ ~ s ~'a !a be to rt+oa aw ~teoi aw a at -••- oinoar ua R~:~ I i f so~eor,wra YYM py~p ta'n(~ ip D 1 ep 0 ro mmona n rat a Ma Ma w! iaaat Yt ~~~11aaaallaae~a~arL11 L19I].II0.M I 1 ~ ~F r~q ~ ~ a ~yyltaa a r1J ally nwduron I f0 I rnamo wr to a ar Mot tar _ __ _ aMt"n wean uR frnfnr am 71. m[ s. Armr~ 11 Pal Ialm a Mao •[!nm Ilamr fNMn IK ' I I t»_.._. a ~o ~ w°o°M°LVamm~.aA+.o Q r•vua ata nwa ~^ Yr±rr1 ~ I^~ t ~ aOOnt111b Ma a{ Ml M OO - - .rr , t~ IR f 1 ~a wamana rota atta.aa {`t In a06 am6 Rfewal n Prat w e i ~ C ~ a PARCEL '0' I •n•AMrn iwn r ma 01uD rr n i ! t i ~' T vroaanct sat a matt w YIA $x4 I ' '` O ~.. i mina n(rno nn and nnI•Mm L~~ j b ~ I N6 Ma Ifa NnRO R MaR t f01f1 '~ AACEL 'E' PARCEL 'A' /) a•Mroa fora rA tAOae halm } ^ t K Iaranf {Ia Oal aQ IIOaOI®ro .~ ~. ' I~ 1. /) ,' O ' iNM mRA~OInr Anlrnlr®R ' 1'~ V ` loaf M YR Imwant a N atR f p~j i ®rot<t+G•sataAMOnoAr . ~~+ 4•?~~ © i i~s~o emai«~mnw`wr a~an ar P~4 ,. ?~ .. _ _.._.._.._. ._.._.._.._.. _____________'-___-_ REFERENCES: • t AaaPa aaor w ~ mr~rnanwoal rwa amm m oar r. Ma. rna Nurr r, ntf. r. r LI.t., n. u•Y, aAOt mum.::. ? ~ , ' Wo37urii~ii,~"-"-"-"-%_.._... m.y oar rAt. ram Alt w ftw a. Iu nn, n, ttr, iaaal mrrr. Is~'rnla-1~ o~ ~ Mir ,%~ p•" aer wr. ram AR a. ttm r. mr an. n. Mr. w~ ann. anon mwN la , /Fn Ala arr. IMO rrna r. Ma r. M nrL n. mA. tAna Yh. Ll qrf Tw alam YR Ilnt AMM Mat ~Y. '~ MI Aal wu, Lam ~ ~. Itr A. ~ M. n. ~ ~. aAa mum. vdta mA'i't, mca .'"'~""~ ~ t» :~. ~p BASIS or BF111IMGSr .d$'w ,SE;-,&rn ~ .~.'}y ~Sl~ na ws a rARws nmfa nomlYtm as na mI aMlla mw w cant a teal of a n ua AAarMa r•t 'a a m Antra r~YA na as not momMn eaM[a ufuas tnaralAAtrN taanrm rAla~ ur• ~ a nd min As Mm nnAria rpaN, nR va Mrl r u'rr~ ro m~ Las nwt n a A mrMYPr a n[mta a frntr ~ taArf Otrmn roMOK. 9a OA• Inn•n tAMAfro w Yet a-n .n„ rwa mro, woaa¢ naoaL x aaoio.ea ova a Ium ura ors anc•A sartr tia ff. mA I. `~ r ~ ~ ~ ww rantmuOO txa n mac a taco taoAarms rOR T16 lM n nrmr tl xdrM r~N"lf' atcL FUTURE TRACT 7135 EXHIBIT C PG. 2 OF ~ aa~l'a~ i. .Nm rrrr ~~I~N-N'r/ n -__._--- oasrlulc¢ i ARFA.R ~p'~ ,~i-YN• ~'F°^p.Nn+ Q ~"i1011 ~ r- 1."SS ~~~M1 •-, . r •~ ~1 F#'~ 1 ~ '{~ ~ •~~ ~J .C - IOiA10 IWNOIO ftK a N 1101m OInM 1N1 tWIN ta101L7{ 0.11Ct ~ t11aQN M Iirarl I 1 j • tarx lrerom aiR+111t. NM solo w II•®fn t Y011: laR w-n11Y. Y~R1e 1Yi w01K IOY~® w1Me M M1R (R~ Npa IdR 70 A 71~••_.. _.._.._.. ._.. _.._.. _.._.._.._.._.. }_.._. - 1a01~ 14071Jm, M-•11N ^ NEON". Y-Y YOIIMbII to IIOIRYOR Orl•07 ' u 0 r a Ka4NYi 1 RL • IirrR 1/mS Grd00 Y~ YYI/Yaf N /OaN 11[ fold N. 1N0--~ . 1 I. s Y PA[ IIINOL IO17at tMN•II anew 1•ito17 ~ Rorea: PR 1,.s,nRR:aonR 7 t 0 ~ ~ m V M ~~' 1 ') a ~ YW ~ O 1 OpROMr UO t il YCl ld• TOP nI YNS 0 >] ~ Yrc w>a IIw Y• uR 110 f ~ ~ . R1tV01• x YIOmN a OCI.OINR7/ -•- rONRO• ~ ~ j IrlRwlrla r1• w a rr 1a oNr a --__ awalr rROlanr ut oAx 1oaN a 1tA1 x rnlm NI7Off ~~, •nrON u[ aol RN1 ree< ioarl~ Iota Q Iorartt •Rtr rRNa >! x 1[ao.Y.aRwcR arro•r AO j NmOIN)1/00 •pl M ION M tltl PMCtC 'D' i aNrAORIIR •we"RR7 ~•r. rl 01a• rRC NnNOa p t01t N n f • NOrNrw ROa1 r 11115 a011Y a I mY1RC ta[ a NpVR q 7•t O NOIf•R ItlN01 R71 OIIQ OOr1111R1/C N1t MR Oml OrOYA• k IIIOIR t Ili/t ~ • qq 1 ~ ~ ! O 7 ua OOI r10a O a•®A Y x i MNS r60AA N70AM0iY11®A 'cows x uw asarv or x 1m.e pµ~(L •8 j Om•wti6/C1.1Rr•wdN . ~ ®r[1101•Rf01•Pa 11-NI711tM 11o rwrAr/•rur rNwa 11 n - ( 1 NR _' 1 a- 11NOOw Rm Y . . _-_---- iw 1 RICb,a 1-q mY r rn w. Iw. rW /dY1N i.Yr. r. q at1.. N. n.N. uel aN\.` ~i1AN .. .~. .._.._. ._.._.. _.._.._ 1 -.~~.~.~_.._.._.._.._.._.._.. M/ NNI IIN. /Nn Kt K ,III r1. M1 VIII. N. tbtf. YNY OYI,. Y•Y OYLI •N. 11{0 Aw ". MN N. N, rr0, N. NO, tAd W,n. ' 7r NfINN olrm 11.1 N+110NI NN. rNn wa 1. N11 r. w wt, N. N,1. NO aRn. , N-Y rYQ N11~ Nta ~ ~. OIN N. ~ NN. M. ~ ~. altr wNII. ~ • 1a1I~.1,+~.~w~e.~,m11 ~p ensla a BEWI119f: S IP0114 6N-~N,N T ~ ~ " ~ ~ ' ' • ~ no 1•Nq°~r °wR[al~io ~0°OYrx~r Nttl i `r a~ r iwlaitAr a11 m ~ i AU o ~ °w ~ r1n ura nN oNa1a R•1[r oa n. lac s 1! t YOUR OY•O mar. r0 ORO tawN CYRUAfOD rro11 PueuYlm tp r arNa a ono moNerwas /ON 1N• lN[ N TANG N NORM 1lw11'11[p. 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O • RR110 f • tAfltli7 Op a•1~ wtY Q 0 5 ~ 'r O N~D MT~II.;mlo ~c i1~t m YRm r mrs 1glFD aRORd[ _ l eJ RIPTION PARCEL IDENTIFICATION EXHIBIT C PG. 3 O 3~ ~~ ~ 1YCt NN a 1 1.11. _.~ 1 a ~/ ~' i f~ , • ~~ • {• z~~~~ RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RELEASE OF SECURITY FOR ROUGH GRADING - FALLON ROAD NORTH, PHASE 1 WHEREAS, the Lin Family and the City of Dublin entered into an Improvement Agreement for Fallon Road North dated February 6, 2001, Resolution 9-01, to construct said roadway improvements in accordance with plans on file with the City Engineer; and WHEREAS, the Improvement Agreement for Fallon Road North was amended on January 20, 2004, by Resolution 14-04, to include Sierra Land Development Corporation as a Party to the Agreement; and WHEREAS, said Improvement Agreement is secured by six bonds furnished by the Developers Surety and Indemnity Company (Bond Nos. SSSOOOS thru SSSOOSS) in the total amount of $3,780,770.00, and for grading and improvements, conditioned upon faithful performance of said Agreement; and WHEREAS, said Improvement Agreement is secured by six bonds furnished by the Developers Surety and Indemnity Company (Bond Nos. SSSOOOS thru SSSOOSS) in the total amount of $3,780,770.00, and for grading and improvements, conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and WHEREAS, the Rough Grading for Fallon Road North, Phase 1, is completed; and WHEREAS, the Performance Bond and the Labor and Materials Bond for the Rough Grading - Fallon Road North, Phase 1, can be released in accordance with the authority contained in §66499.7 of the Government Code of the State of California; NOW, THEREFORE, BE IT RESOLVED that: 1. The Performance Bond issued by Developers Surety and Indemnity Company in the amount of $224,400 for Rough Grading -Fallon Road North, Phase 1 (Bond No. 5550035) be released; and 2. The Labor and Materials Bond issued by Developers Surety and Indemnity Company in the amount of $224,400 Rough Grading -Fallon Road North, Phase 1 (Bond No. 5550035) be released. IIIIAC^YBIf 2. 2~~2~ PASSED, APPROVED AND ADOPTED this 6th day of January, 2009, by the following vote: YES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Tim Sbranti, Mayor G:~DEVELOPMENT, PRIVATE\Dublin Ranch~Infrastructure~Fallon Rd North~Reso release Grading Bond.doc 2