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HomeMy WebLinkAboutItem 4.02 Sorrento At Dublin Ranch CITY CLERK File # D!GHQl[O]-lb][Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 4, 2006 SUBJECT: ATTACHMENTS: RECOMMENDATION: ~ FINANCIAL STATEMENT: Approval of Final Map and Tract Improvement Agreement for Tract 7641, and Agreement for Long Term Encroachment for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645 (Toll Brothers) Report Prepared by Melissa Morton, Public Works Director 1) Resolution Approving Final Map and Tract Improvement Agreement for Tract 7641, together with Exhibit "A", the Agreement Resolution Approving Agreement for Long Term Encroachment for Landscape Features with Tract 7641, 7642, 7643, 7644 and 7645 together with Exhibit "A", the Agreement Reduced copy of Final Tract Map 7641 2) 3) Adopt the resolutions approving the Final Map and Tract Improvement Agreement for Tract 7641, and the Agreement for Long Term Encroachment for Landscape Features with Tract 7641, 7642,7643,7644 and 7645 The developer of Tract 7641, Sorrento at Dublin Ranch I, LP, a California Limited Partnership owned by wholly-owned subsidiaries of Toll Brothers, Inc., has provided bonds to guarantee construction of the street, grading, utility improvements and landscaping, and will pay the cost of construction inspection. Once these improvements are accepted, the City will incur maintenance costs for the City- maintained improvements within Tract 7641 The Homeowners' Association will be responsible for maintaining the project related landscape features within the public right-of-way COPY TO: Jon Paynter, Toll Brothers Page 1 of2 '+.7 . ITEM NO. G:\DEVELOP\Dublin Ranch\Sorrento-Toll Brothers\Tract 7641-$orrento West\Agenda $t .doc DESCRIPTION: Tract 7641 is the master subdivision for the western portion of Toll Brothers' Sorrento at Dublin Ranch development on 39 acres bounded by Brannigan Street, Gleason Drive, Grafton Street and Central Parkway. The map for Tract 7641 dedicates the rights-of-way for Brannigan Street, Aviano Way, Palermo Way, Capoterra Way and Perguia Street, and subdivides the area into nine parcels. Three of the parcels will be used for a private recreational facility, a public square and private landscaping. The remaining six parcels will be further subdivided and developed for the project's five residential neighborhoods containing 423 dwelling units. The Final Map and the Improvement Plans for Tract 7641 have been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 05-52 on September 13, 2005. The developer, Sorrento at Dublin Ranch I, LP, has submitted the signed Tract Improvement Agreement, together with the required Performance and Labor & Materials Bonds. Parkland dedication requirements will be satisfied when the residential lots/units are created with subsequent Tract Maps. The Agreement for Long Term Encroachment for Landscape Features with Tract 7641, 7642, 7643, 7644 and 7645 provides for the Homeowners' Association to maintain project-related landscape features within the public rights-of-way, including decorative pavements and median landscaping. Median island landscaping for major arterials will be operated and maintained by the City Staff recommends that the City Council adopt the resolutions approving the Final Map and Tract Improvement Agreement for Tract 7641, and the Agreement for Long Term Encroachment for Landscape Features with Tract 7641,7642,7643,7644 and 7645 Page 2 of2 {ot;;!?:> RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7641 (TOLL BROTHERS) WHEREAS, the Final Map for Tract 7641, 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, Sorrento at Dublin Ranch I, LP, a California Limited Partnership owned by wholly-owned subsidiaries of Toll Brothers, Inc., has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 7641 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 a bond furnished by Arch Insurance Company in the amount of $2,874,000 for the tract improvements (Bond No. SU5018923) and a bond furnished by Fidelity and Deposit Company of Maryland in the amount of$580,000 for the Central Parkway improvements (Bond No. 08824010), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Arch Insurance Company in the amount of $2,874,000 for the tract improvements (Bond No. SU5018923) and a bond furnished by Fidelity and Deposit Company of Maryland in the amount of $580,000 for the Central Parkway improvements (Bond No. 08824010), 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 Mayor 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 7641 be and the same is hereby approved, and that rights to the areas marked as Brannigan Street, Aviano Way, Palermo Way, Capoterra Way, Perugia Street, Public Service Easement (PSE), Storm Drain Easement (SDE) and Public Access Easement (P AE), offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted, subject to improvement, and that the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. 1 '-to 1- 4/4;b b ATTAUHHENT I. PASSED, APPROVED AND ADOPTED this 4th day of April, 2006. AYES: NOES. ABSENT ABSTAIN )0[;23 Mayor ATTEST City Clerk G:\DEVELOP\Dublin Ranch\Sorrento-ToU Brothers\Tract 7641-Sonento West\Reso FM .doc 2 3of;).3 CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 7641 This agreement is made and entered into this 4th day of April, 2006, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Sorrento at Dublin Ranch I LP, a California Limited Partnership 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 No 7641, desires to improve and dedicate those public improvements (hereafter "The Improvements") required by City of Dublin Planning Commission Resolution No. 05-52 adopted on September 13, 2005 in accordance with the requirements and conditions set forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plans for said development entitled Improvement Plans, Sorrento at Dublin Ranch, Tract 7641 prepared by MacKay & Somps and signed by the City on February 21,2006, Improvement Plans, Grafton Street- Central Parkway to Gleason Drive prepared by MacKay & Somps and signed by the City on February 6, 2006, Improvement Plans, Central Parkway Northern Frontage - Brannigan Street to Lockhart Street prepared by MacKay & Somps dated February 28, 2006, Traffic Signal Modifications, Central Parkway and Brannigan Street prepared by Kimley-Horn and Associates dated January 23, 2006, Traffic Signal Plans, Central Parkway and Grafton Street prepared by T JKM and signed by the City on September 9,2004, Landscape Plans, Sorrento at Dublin Ranch, Tract 7641 prepared by Vander Toolen Associates dated February 15, 2006, and Joint Trench Composite & Street Lighting Plans for Sorrento at Dublin Ranch Tract 7641 prepared by Robert Gray & Associates dated February 27,2006 and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; 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: 1 Completion Time. DEVELOPER will commence construction ofThe 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. Time is of the essence in 1 EXHIBIT A To the Resolution 4 of ;;3 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 as presented in the Bond Estimate for Tract 7641, dated January 27,2006 prepared by MacKay & Somps is agreed to be $2,874,000 and in the Bond Estimate for Central Parkway Northern Frontage, Brannigan Street -Grafton Street, dated February 28, 2006 prepared by MacKay & Somps is agreed to be $580,000 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 the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. 4 Insurance Reauired 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 2 5ot:J3 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 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. 2) Automobile Liability' $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Emplovers Liabilitv' Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1 ,000,000 per accident. 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, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coveraqes 3 b 0 { ;23 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 Coveraae. 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 Coveraaes. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY a) Acceptabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coveraae. 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 4 7or/3 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. 5. 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 to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 6. 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 5 '6 o{ 23 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. 7 Aqreement Assiqnment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY 8. 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 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 6 101/3 Notices required to be given to DEVELOPER shall be addressed as follows: Toll Brothers, Inc. 100 Park Place #140 San Ramon, CA 94583 Notices required to be given surety of DEVELOPER shall be addressed as follows: Arch Surety 3 Parkway Suite 1500 Philadelphia, PA 19102 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. 9 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 10 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 11 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. 7 10 6t.?3 12. Patent and Copyriqht 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. 13 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. 14 Liability A. DEVELOPER Primarilv 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 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, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Desiqn Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the 8 1/ of ,23 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. 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. 15 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: Mayor ATTEST CITY Clerk DEVELOPER S rento at Dubl anch I LP, a California Limited Partnership lW14;:.'( C Sc..-~~\~ , Print Name .s ~ \,)K~ '?\4..~\d\::""~ Title . G:\DEVELOP\Dublin Ranch\Sorrento-TolI Brothers\Tract 7641-Sorrento West\tract improvement agmt .doc 9 I,R of;J3 RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACTS 7641, 7642, 7643, 7644 and 7645 WHEREAS, a Vesting Tentative Map for Tract 7641 and Site Development Review for Sorrento at Dublin Ranch was approved by Planning Commission Resolution 05-52 on September 13th, 2005, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the Developer, Sorrento at Dublin Ranch I, L.P., to construct project-related landscape features within the public rights-of-ways; and WHEREAS, said Conditions of Approval required the Developer, Sorrento at Dublin Ranch I, L.P., 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 7641,7642,7643,7644 and 7645 attached hereto as Exhibit "A", NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk ofthis City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 4th day of April, 2006. AYES. NOES. ABSENT' ABSTAIN ATTEST. Mayor City Clerk AffAUDMENT Z. /80(;23 Recording Requested BY' CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACTS 7641, 7642, 7643, 7644 and 7645 THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 7641, 7642,7643,7644 and 7645 ("Agreement") is made between the City of Dublin ("City") and Sorrento at Dublin Ranch I, L.P ("Sorrento"). 1. Property: The subject property is Parcels 6 and 10 of Tract 7281 as filed in Book 277 of Maps at Pages 82-88, in the Official Records ofthe County of Alameda, State of California. 2. Developer: Sorrento at Dublin Ranch I, L.P is the developer of Tracts 7641, 7642, 7643, 7644 and 7645 (the "Sorrento at Dublin Ranch Project"). 3. Landscape Features: Sorrento, as part of developing the western portion of their Sorrento at Dublin Ranch Project, will be constructing project related landscape features within the City's rights of ways on Brannigan Street (east side), Aviano Way, Palermo Way, Capoterra Way, Perugia Street, Rimini Lane, Rimini Court, Montalcino Street, Mirano Court, Grafton Street (west side and median), Gleason Drive (south side) and Central Parkway (collectively, the "Landscape Features"). The specific location and description of these project related Landscape Features are shown on the attached Exhibit A. Construction details for these Landscape Features are shown on the Sorrento, Landscape Plans prepared by Vander Toolen Associates, approved by the City for Tracts 7641, 7642, 7643, 7644 and 7645 4. Encroachment Permit: Sorrento 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. Ifthere 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: Sorrento shall own all special Landscape Features, including but not limited to fountains, arches, monuments, etc., as provided in Exhibit A. 6. Operations and Maintenance: Sorrento shall maintain and repair all the Landscape Features improvements in a safe manner consistent with the approved plans to the reasonable satisfaction of the City at its sole cost and expense, including electric 1 EXHIBIT A To the Resolution 14 of ;23 power and water cost. Sorrento will maintain all their frontage, median and island landscape plantings, and irrigation, sidewalks, and Landscape Features structures and decorative pavement within the public right of way, except for the medians in Gleason Drive, Central Parkway and Brannigan Street, which will be maintained by the City at City's sole cost. Sorrento will be responsible at its sole cost to replace or repair any Landscape Feature, including decorative pavement, damaged or removed during the maintenance or repair of sewer, water, drainage or utility 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. 7. Removal or Relocation: If future improvements proposed by the City conflict with any ofthe Landscape Features improvements, the City may reasonably remove or reasonably relocate the Landscape Feature at its sole cost. If any of the Landscape Features is relocated, the City and Sorrento 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: Sorrento shall obtain and maintain in effect a combined single limit policy ofliability insurance not less than one million dollars covering the Landscape Features improvements and shall name the City as an additional named insured. 9. Indemnification: Sorrento 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 Sorrento' s construction, maintenance or operations of the Landscape Features unless caused by the negligence, gross negligence or willful misconduct of the City, its agents, contractors or employees. 10. Permanent: The Landscape Feature and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, are appurtenant to the Property 11. Ril!ht to Assil!n: Sorrento may assign any or all rights, interests and obligations of Sorrento arising under this Agreement to the Homeowners' Association for Sorrento at Dublin Ranch (West); provided, however, that no such assignment of Sorrento's rights interests and obligations under this Agreement shall occur without prior written notice to the City and approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. 12. Successors and Assie:ns: 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 "Sorrento" in this Agreement shall be deemed to refer to and include Sorrento and all successors and assigns ofSorrento including the Homeowners' Association for Sorrento at Dublin Ranch (West). 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 2 / '5 0 f ;<3 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 Sorrento' Sorrento at Dublin Ranch, I, L.P 100 Park Place, #140 San Ramon, California 94583 Fax No. (925) 855-9927 Attn: Jon Paynter 14. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth in full body of this Agreement. 15. PartialInvaliditv If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shaH 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 A2reement. 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. Counteruarts. 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. Dated this day of ,2006. CITY: THE CITY OF DUBLIN, a municipal corporation DEVELOPER: Sorrento at Dublin Ranch I, L.P., a California limi artnership BY' By: Name: Name: Title: Title: S p-.\)\<-'.. ~~S..I}f:.1>1.\ 3 LEGEND ~ CITYOWNEDANDMASTERHOAMAlNTAINEDSOFISCAPE ClTI' OWNED AND MASIEll BOA MAINTAINED HARDSCAPB ~ PEDESJRIANARCHWAY * P1LAST1!R.tSTAruARY . CONTAINER TREE&PIl.ASl'ER @ TIEREDPLANml ----- ----- ----- ~ ~ ~ ~ ----- ------== ~ --::------ ~~ -- ...r- PILAS11!Il. STAlUARY f - RECREATION FACILITY NEIGHBORHOOD 2 PUBUC PARK ......._ """" -"',.,,,'0>.'--.............-....-....... ----- ----- - - ----- ----- PmIm1!IAN ARCHWAY ~ ~ NEIGHBORHOOD 5 SORRENTO " IltrnLIN luc. Dublin, Califoroia AREA F WEST "Toll "1hotbers ~ rP.OErNUlCJllll: lIlII4 ~ .- Do\.'I1i:I5WIll: _~_ NEIGHBORHOOD] LONG-TERM ENCROACHMENT EXHIBIT ~ 2fr 40' ~ M!!Y!J!I!! --...- ,..........- -- en.l ~ ~- I ~'J:.~.. I I 11.1 ~~ LEGEND ~ ClIYOWNEDANDMASTl!RHOAMAINTAniFDSOFTSCAPE 1';';';;"'1 CITYOWNFDAtlDMA5TFJt.HOAMAINTAlNfJlHARDSCAl'E * . I'!J GLEASON DlU'IE ----- I i ']f (~~) ~r1r PIL\SI'I!R.tSTAlUAlty CONTAINERTREI!APILASTEll PlL\S11!O.""""""'" NEIGHBORHOOD 1 \ =:..~~ ------- ~:::-- ------ PIl.AS1EIt.lSTAlUAIlY 11 NEIGHBORHOOD 2B ,......... ""."" -. ~.\"",-,....,,,,-,,..-~---.-.. SORRENTO " DuBuN Incl Dublin, California AREA r WEST "Toll "Brotben ~ rRCm!CrNllllBlll: Inn.! ..... .- lIAtf:lS.'II.IIIl: _~1IIIl NEIGHBORHOOD 2A LONG-TERM ENCROACHMENT EXHIBIT ~ O' 30' 60' lIMDYiU... ~'r=-== -- --- -...] C.12.2 '" --.-. >--, W Ii I~t!.. I'" ~ 00 ~ ~ '" / I' I mj..- ~.\'om_'....t"""""""',..___....... CONTAINEit TREE UlUrnll ~__~OWAY ~.:: ~l;:Jt;\TCH LJN~ ~I II I NEIGHBORHOOD 3 NEIGHBORHOOD 2A 'i.'~+ II J_ PIlMIER.lSTAlUAlty LEGEND ~ ClITOWNEDANDMASt1!R.HOAMAIKI'AlNEDSOFISCA1'E CITY OWNED AND MASTER HOA MAINTAINl!D HARDSC\PE * J'ILAS'IBtASTAlUARY . CONTAINEIl.TREE&PILASTEll Il PlW11lR MONUNENr -'-- n BOA SORRENTO " DuBLIN IUCl lJubliu, California AREA F WEST 'Toll "Brotben ~ PII.OlIlCI'IIUloIDIII: _.j SCJJ.E: MlIOlIlI DATtI&SUlll: _~_ NEIGHBORHOOD 28 LONU-TERM ENCROACHMENT EXHIBIT . O' 30' 60' 1lACKV1.... ~........ .....- -- ----- 'A I) --;-, N \Ai C.12.3 NEIGHBORHOOD 2B NEIGHBORHOOD 2B I'IUSTER.tSTATtlARY PUBLIC PARK I ~I II I I I 1ft ~1;i'7 !il I I t/I i :it/I II I NEIGHBORHOOD 4 CENnw. PARKW-\y LEGEND MAS'JEIlHOAMAINTAINEDSOF'I'!lCAt'E t ~ ~}QI CITY OWNI!D AND AINI!D HARDSCAPI! . . . MASTER HOA MAINT CTIYOWNEDAND I:,:, :;;:;;:1 ...... &: STATUARY * PllAS._ "'....,-,..-,-""'........-.-.... - ~ ~ SORRENTO " ~~c. Dublin, California AREA F WEST -s"f:Ln ~ ~ ..... ~ "'"' ----u.m1SSllEll: ,-, .- -,- D' NEIGHBORHOO _ LONG-TERM ENCROACHMENT EXHIBIT . ....~ 30' W' 0' IMf!Tll!l" -.... ~"'- -- C.l2.4 -.\:\ ~ "- \., \\i LEGEND ~ CITYOWNBDANDMASTERHOAMAlNTAlNEDSOFTSCAPI! L::::1 CITY OWNED AND MASTER HOA MAlNTAlNtiDHARDSCAPI! ~ PEDF.STRIANARCHWAY * 1'IIJ.SI'Bll& STATUARY . @ PUBLIC PARK NEIGHBORHOOD l SORRENTO " DuBUN Inc. Dubliu, California CAi>o1'11o-;;- . ~IVAl' AREA F WEST llEREDPL\l!IllR. "Toll 7lrotben NEIGHBORHOOD 3 PILASTER.tSTA1UAII.Y ~ ~~ - """ .- D,l.lE_ _~_ CONTAlNEP.TIlEE 4f1LAS111R NEIGHBORHOOD 4 LONG-TERM ENCROACHMENT EXHIBIT ~ ( ""ESmAN ARCHWAY ~ :r<r 40' ,.,. CONTAINER'I'RBE&:I'ILASTER llERED!l.ANTER ~ "!.!!I!!! ~...- -- ~- C.12.5 ~ C) <:> ........ \., W HIO-_ ,~..... _ ~.\..,.".,....~.. '""'"___....... PRIVATE RECREA nON F ACIllTY 1 \ \ \ Y I' \ I I -....: NEIGHBORHOOD 4 :HJO.-"'" '...'" ...._ ~,\'''''_I..t_!'''."",.___ SORRENTO TIERFDPLANTI.R " DuBLIN IUCf Dublin,Califomia PILASTIlUSTAnJARY AREA F WEST "Toll "BrotbBrs LEGEND ~ CITYOWNEDANDMASTElHOAMAlNTArnFDSQIlTSCAI'J! crrv OWNED AND MASmtHOAMAlNTAINED HARDSCAPf! * PILASTER.tSTAlUARY @ TlEREDPLANttR ~ ~- - """ -- DAtil_ _~_ NEIGHBORHOOD' LONG-TERM ENCROACHMENT EXIIIBrr . "" 411' PILASTI!tl.t.STAnIAIY 1II!Ill'D PLANttR 1IMIIY1l... ='"'""'=~ -- C.12.6 <;) ...... )v w ;!;{o!;& CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of Co,JrQ. ~.5~ } ss. on~ 3D!. ~fp beforeme,:JUt~ ~.~~~:eb~'D~~~ Kb';5-- personally appeared V~_~Yt.l.j C. 5:!.t\.lA.Y'r Nama(s) 01 Slgnar(s) "...,t:.<,~;, ~. )ii(J personally known to me D proved to me on the basis of satisfactory evidence l--------~~--, JEAN R. WES1PMAI. ~ CommlJSlOn" 1463651 j . " Notary Pubk: . CaIfomla I ~. . Conlro Colla Coun'" - j _ _ _ ~:o:m:.~_m:.l~~l to be the person~ whose nametItJ is/_ subscribed to the within instrument and acknowledged to me that he/~y executed the same in his/~ir authorized capacity(i<>iI:), and that by his/t.e<Iil1eir signaturetlll on the instrument the person(:lll, or the entity upon behaif of which the person1;l) acted, executed the instrument. OPTIONAL Though the information below is not required by law, 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 'TItie or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individuai D Corporate Officer - 'TIlle(s): D Partner - D Limited D Generai o Attorney-in-Fact D Trustee o Guardian or Conservator [j Other' Top of thumb here Signer Is Representing: iC 1999 !\lationsl Nolal'j Assoolslion . 9350 De Solo A~a.. P,O. 8o~ 2402 . Chalsworth, CA 91313-2402' www.natiDnalnolary.or9 Prod. No. 5907 RSDrc:ler: Call Toll-Frea 1-SOCl-876-6827 ~ I. All BEIIlINGS SHOWN ARE BASEO lJI>ON CAUfORlM COOROlNATE S'1'STilI ZONE nI, 2. AU. DISf,\NC5SHOWN ARE GROUND !EI1:1. Dl5fANC[S. 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PABC!L . il \ I \ llRAfTONmTllEOICATEllTOllif: ,~Cffi'OfDUBLlN8l'SEPAAo\IEOOClIw:m, r i SERIES No :).<l.o""4-'::U>l!iO \ I I 6~1 iii' . ~ I 'f / ~;; I j'i/ / (- ~ z~ -<~ "-'- ",N o~ U, ~ Qm z. sg ",ill -:iii: row COW Q A.~"AY ~ PIllCIL . j T ~'i9l ~:.! e1 "' "~I i! 11! J :! :-- ~ i ~ :iiiii!!!!l ~ ~ PARCIL . - -- - ~OO2"'4 L N1Je2J'2,y, CIIrriiii~-~ ...."ZJo<...... , NBf-06'Sof't - - -~ ~Jt!j (28-28, ~ R<JC61.... ...... _ ,,"6;-........ u..17S.ag, ~Jr . S ,:.(t-- - ---~~- TRACT 7324 ~ 265 M 52 J ~ SCALf: 1."'200' -- -~ PARe r^'ieT l', 3 257 M 7J4a 3~ ? 100' 200' - " h\lgJ:'(l-I\lrn\lm\I2.<tw r~A>;I:;?0L 8l:ARINGS nR lJA.')1~ OF IllARINGS SHOWN IiEREON. IS lHf. UNE BfTWfEN USC&CS TRIANGULATION S1ATlONS "FPUOI'f fJIO .~oot4T lJMLO TOWUi" l}lE GRlD BEARINll CALCULAllO FROI,t FUBUSIiW CCS 27 ZONE 3llRID COORDINATES fORTl11S lJNE IS TAKEN AS Nl5'44'2j"W. AHAhlW'-lMENT NOTE: i'Ufl~j,WTTOARllCLE 2. SlCI1ON6&4J-4(g)OFTrlE5<JIlllMSiON I,.!AF Acr, TIiIOl MAP SHAU- CONSTlTUT[ Trlr AIlAtlDONMOO IN Irs ENTlR(fr, WIlIiIN TliE OOUNOMIIES OF THIS MAP, OF (1) Tlif 30 FOOT. WIDE SIORM OMN EASUlENT }.S DEUW.ATW ON THE MAP Of lRACl 7281, BK. 2n MAPS, PG 82, AND (2) !Hi: 6 FOOT WillE PUl3UC SOMeE. EASalOO ",s OOllCAfEO ON TtfE WJ' Of nW:T 7281, Ilk: 1n Wf'S, PG 82, RfCOllO'i Of ~U.l.IEW, C{\UI{\"(. REFERE NCES.. ~-1 lRACT7?Sl, FH..WSE?IEIoI8ffiJ, 200., Bk 211 OFI.W'S PGS.62-&l.Al.NdEDACDUffI'r. ' R-2 RECORD Of' $U!MY No. 1005, FUD ffijRlJARY 1 1993 €IK 11S, ~.O,S., toGS, S7-5\, ,IUoj,l(1),fl, COum'f.' , R-J IRACI728?,FIUDFt:6_R."'-"',2006,Bl<~OFMAPS, !'GO;. 76-85, Al.A!lIEIlA COll<<1Y, LEGEND: feD 'SDCTl"1'OFtJIJIlUNSTANOAIlOSTHEET l,I(JNUt.IE'NT STA/lWID WI LS, 5-411 FOUNDCITYOFDUBUNSTmDARD SIRfE'i 1.\OO1I',IHff SlREET MONUlofl}lT OF RECOfIO l'lIl TRACT 7U11 (R-1) W/LS.541Z !JltlESSNOlt\}Ol1\rn'MS{ IoNllLEPOiNT BOIJNQAAYUNF PAI(CELUNE !.IONUMENT1INE EASfMW'f UNE CENTERUNF RADtALBEAAING TOT"- MONIJIolENT UNE UONUIIIOOTOMONu",rNT01STANC( troNUIlfNTTO I'ROPEIm' LINE OOUMIAIlYUNEOATA puauc ACCESS fASEMEN1 I'Ul3UCSER'/lCEEASfMM Sl"D!ll.l1JRM'l USEMEN1 il'j01CA.l1SSfif.ETNUhl8ER ., liI .-- "- (,) (ry '/L " ,PC ilNDY PAE P~[ "" (~) TRACT 7641 AS A SUBDIVISION OF PARCEL 6 OF TRACT 7281 fiLED IN BOOK 277 OF lW'S AT PAGES 82-88 ALAMEDA COUNTY RECORDS CITY OF DUBliN ALAMEDA COUNTY, CALIFORNIA JANUARY, 2006 IllAClAYls.s "'~~, OI(;..rrll""'.''''~ Pl'UNl""......., SVl'"JE'11"C t'1_,....""".. (9~, ."<1",--"'..0 ~ \).) () "'" G:; :::HEU 2. QF <\- 1932u 1