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HomeMy WebLinkAboutItem 4.04 ImpAgmtGHCRoxbry CITY CLERK File # AGEN DA STATEMENT CITY COUNCIL MEETING DATE: June 15, 2004 SUBJECT: Approval of the Final Map and Improvement Agreement for Tract 7414, and Acceptance of Parkland Dedication In Lieu Fee (GHC Roxbury, LLC) Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) Resolution Approving the Final Map for Tract 7414, together with Exhibit "A", Improvement Agreement for Tract 7414 2) Resolution Accepting Parkland Dedication In Lieu Fee 3) Reduced copy of Tract 7414 Final Map RECOMMENDATION: ~/ Adopt the Resolution approving the Final Map and Improvement Agreement for Tract 7414 and the Resolution accepting Parkland  -) Dedication In Lieu Fee FINANCIAL STATEMENT: GHC Roxbury, LLC, has provided a Faithful Performance Bond and a Labor and Materials Bond, each in the amount of $3,048,700, to guarantee construction of required subdivision improvements, and will pay the cost of associated construction inspection. When the project is complete, the City will incur maintenance costs for the public bridge improvements and the extensions of Somerset and Maymont Lanes. Since the open space, common area, and private street parcels within the subdivision are private, maintenance will be performed by either the Roxbury at Tassajara Creek Homeowner's Association or by the Tassajara Creek Maintenance Association. GHC Roxbury, LLC, has also paid a Parkland Dedication In Lieu Fee of $600,912 pursuant to Dublin Municipal Code Chapter 9.28. DESCRIPTION: GHC Roxbury, LLC (d.b.a. Greenbriar Homes Communities), is seeking City Council approval of the Final Map and Improvement Agreement for Tract 7414, and acceptance of Parkland Dedication In Lieu Fees. Tract 7414 and the abutting Lot 131 of the original Tract 7075 are the third and fifth phases of a five-phase residential subdivision previously approved in March 2000 for the Koller/Adams ("Yarra Yarra Ranch") property. The first two phases were subdivided in 2001, while the fourth phase is presently being used as an equestrian center and home site. The current project will create 108 single-family residential lots (Phase 3) and one single-family estate lot (Phase 5) COPIES TO: Tim Quinn, Greenbriar l%z ITEM NO. G:\DEVELOP\Greenbriar~Tassajara C~-eek~PHASE III\AGST7414.doc on the west side of Tassajara Creek. In addition, the subdivision creates four creek parcels over Tassajara Creek that will eventually be deeded to the Zone 7 Water Agency as a flood control facility, plus several open space, common area, and private street parcels to be owned and maintained by either the Roxbury at Tassajara Creek Homeowner's Association or by the Tassajara Creek Maintenance Association. With the filing of Tract 7414, GHC Roxbury, LLC, also proposes the summary vacation of an Open Space and Trail Easement that was originally dedicated to the City on the Final Map for Tract 7075 (Phase 1). The easement was originally granted to establish a 100-foot creek setback for development within Phases 3 and 5 in conformance with the adopted Eastern Dublin Comprehensive Stream Restoration Program. Since Tract 7414 includes creek and open space parcels over the area encumbered by the easement, Staff concluded that the easement is no longer necessary to protect Tassajara Creek as a riparian corridor. As such, Staff recommends the summary vacation of this easement pursuant to Section 66434(g) of the Subdivision Map Act, and Division 9, Part 3, Chapter 4, §8333 of the Streets and Highways Code. The filing of Final Map 7414 shall constitute abandonment of the Open Space and Trail Easement. GHC Roxbury, LLC, has also requested that the requirement for entering into an Affordable Housing Agreement per Condition of Approval No. 134 be deferred until building permits are issued for the affordable units to be constructed as part of the project. The Condition required that this agreement be entered into at the time the Final Map is approved. The developer has requested a deferral because the guidelines for implementing the Inclusionary Zoning Ordinance Regulations were' recently amended to include a Layperson's Guide to the regulations. The developer would like an opportunity to review the Guide before executing the agreement. Staff supports the deferral as the request is consistent with §8.68.050(A) of the Dublin Municipal Code which reads, "Prior to issuance of a building permit for an affordable unit, resale restrictions or rental controls, or both, as the case may be, shall be set forth in an agreement between the City and the developer..." An Improvement Agreement guaranteed by Faithful Performance and Labor and Materials Bonds, has been executed by GHC Roxbury, LLC, to assure that all required improvements are installed to the City's satisfaction. The Improvement Plans and Final Map have been reviewed by Staff and found to be in conformance with the Vesting Tentative Map and Conditions of Approval as approved by the Planning Commission via Resolution No. 03-51 (except as amended herein). Aspects of the Plans and Map were also reviewed'by the Dublin San Ramon Services District, Zone 7 Water Agency, Alameda County Fire Department, and East Bay Regional Park District for conformance with each agency's standards. The required inspection deposit and insurance certificates have also been submitted. Staff recommends that the City Council adopt the Resolution approving the Final Map and Improvement Agreement for Tract 7414, and the Resolution accepting the Parkland Dedication In Lieu Fee. Page 2 dye)'7--- RESOLUTION NO. - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND IMPROVEMENT AGREEMENT FOR TRACT 7414 (GHC ROXBURY, LLC, A DELAWARE LIMITED LIABILITY) WHEREAS, the Final Map for Tract 7414, 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 the provisions of the Subdivision Map Act of the State of Califomia and the City of Dublin.Municipal Code; and WHEREAS, pursuant to Section 66434(g) of the Subdivision Map Act and Division 9, Part 3, Chapter 4, §8333 of the Streets and Highway Code, the filing of the Final Map for Tract 7414 shall constitute summary vacation of the Open Space and Trail Easement originally dedicated to the City of Dubhn on the Final Map for Tract 7075 (file.d on April 18, 2001, in Book 257 of Maps at Pages 47 - 61); and WHEREAS, the Developer, GHC Roxbury, LLC, has asked that Condition of Approval No. 134 of Planning Commission Resolution No. 03-51 requiring the execution of an Affordable Housing Agreement be deferred until building permits are issued for the affordable units to be constructed as part of the project; and WHEREAS, the Developer has executed and filed with the City of Dublin an Improvement Agreement to construct the required subdivision improvements for Tract 7414 in conformance with the Vesting Tentative Map and Conditions of Approval as approved by the Planning Commission via Resolution No. 03-51 (except as amended herein), and the improvement plans and specifications approved by Staff as referenced in the Agreement, with completion required on or before June 1, 2006; and WHEREAS, said Improvement Agreement is secured by a bond in the amount of $3,048,700.00 (Bond No. 868716S) issued by Developers Surety and Indemnity Company conditioned upon faithful performance under the terms of said Agreement; and WHEREAS, said Improvement Agreement is secured by a bond in the amount of $3,048,700.00 (Bond No. 868716S) issued by Developers Surety and Indemnity Company conditioned upon payment for labor performed Or material furnished under the terms of said Agreement; NOW, THEREFORE, BE IT RESOLVED that said Improvement Agreement and bonds are hereby approved, and BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute the Improvement Agreement in duplicate, hereto attached as Exhibit A. BE IT FURTHER RESOLVED that the Open Space and Trail Easement originally dedicated to the City of Dublin on the Final Map for Tract 7075 is hereby summarily vacated. BE IT FURTHER RESOLVED that the execution of an Affordable Housing Agreement pursuant to Condition of Approval No. 134 is hereby deferred until building permits are issued for the affordable units to be constructed as part of the project. BE IT FURTHER RESOLVED that the Final Map of Tract 7414 is hereby approved; and that rights to areas marked as Maymont Lane and Somerset Lane, and those strips of land marked as Public Service Easement (P.S.E.), Emergency Vehicle Access Easement (E.V.A.E.), and Storm Drain Easement (S.D.E.) as offered for dedication to the public in conformity with the terms of dedication 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. PASSED, APPROVED AND ADOPTED this 15th day of June, 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOPSGreenbriar~Tassajara CreekkPHASE IIILRESO7414.doc 2 EXHIBIT "A" TO RESOLUTION -04 ~ ©~D% '~ CITY OF DUBLIN IMPROVEMENT AGREEMENT SUBDIVISION IMPROVEMENTS FOR TRACT 7414, TASSAJARA CREEK PHASE III (GHC ROXBURY, LLC) / This agreement is made and entered into this I~ ~-~ day of .JI,tv~e._.. ,2004, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and GHC Roxbury, LLC, a Delaware Limited Liability Company (hereinafter referred to as "DEVELOPER"). RECITALS WHEREAS, it has been determined by the City Council of the City of Dublin, State of California, that DEVELOPER, as a subdivider, desires to improve and dedicate certain public improvements (hereafter "The Improvements") shown on Tract 7414, in accordance with the requirements and conditions set forth within the City of Dublin Planning Commission Resolution No. 03-51 (PA 02-48), adopted on October 28, 2003, and City Council Resolution No. 225-03 adopted on November 18, 2003; the requirements of the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and specifications for said development approved by the Public Works Director on ~. · ,J u,v, ~ ._% ., 2004, as follows: ' ~ · "Improvement Plans for Tract 7414 - Roxbury, City of Dublin, Alameda County, California" (52 Sheets: 1-52), prepared by Ruggeri-Jensen-Azar & Associates. ·"Landscape Improvement Plans- Roxbury, Dublin CA." (28 Sheets: L1.1 - L6.2), prepared by The Guzzardo Partnership, Inc. · "Joint Trench Composite and Street Liqhting Plans for Tassajara III - Greenbriar Homes, Dublin, California" (8 Sheets: JTI-JT3, SLI-SL3, and Photometric 1-2), prepared by Giacalone Design Services, Inc. Said plans are now on file in the office of the Public Works Director/City Engineer, and 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; and 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 right-of-way and The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: Section 1. Completion Time. DEVELOPER wil commence construction of The Improveme~with~n_ ni,~e,~.~0) days G:~DEVELOP\Greenbriar~Tassajara Creek~PHASE liP,Improvement Agreement_ Subdivision. DOC . ~ ~ g~ ~ ~ ~ ~ following the date on which CITY executes this Agreement. DEVELOPER shall complete such Improvements no later than two years following execution of this agreement or not later than .5 u,~ e. ~,6 ,2006. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans of The Improvements, including any authorized modifications. Section 2. Estimated Cost of Improvements. For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be Three Million Forty-Eight Thousand Seven Hundred and 001100 Dollars ($3,048,700.00). Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Section 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 percent (100%) of the estimates 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 percent (100%) of the estimates 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. CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map Act. Section 4. Insurance Required. Concurrently with the execution hereof, 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 Administrative Services Director of CITY, 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 Administrative Services Director, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, 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 IMPROVEMENT AGREEMENT Page 2 of 10 G:\DEVELOP\Greenbriar~Tassajara Creek\PHASE IIlhImprovement Agreement_ Subdivision. DOC April 28, 2004 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. Minimum Scope of Insurance.- CoVerage. shall be at least as broad as: (i) Insurance Services Office form number GL 0002 (Ed. 1/73) 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. OWNER 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 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: (i) General Liability and Automobile Liability Coveraqes. (a) The CITY, its officers, agents, officials, employees and IMPROVEMENT AGREEMENT Page 3 of 10 G:\DEVELDP\Greenbriar~Tassajara Creek\PHASE IIl~Improvement Agreement_ Subdivision. DOC April 28, 2004 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 operation's 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. DE~EEOPER'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. (ii) Workers, Compensation and Employers Liability Coveraqe. The insurer shall agree, to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. (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 Coveraqe. DEVELOPER shall fumish 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. IMPROVEMENT AGREEMENT Page 4 of 10 G:~DEVELOP\Greenbriar~Tassajara Creek~PHASE II1Mmprovement Agreement_ Subdivision. DOC April 28, 2004 (c) 'Subcontractors. DEVELOPERand/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. Section 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 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 City Engineer, 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, 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 billing for such work or repairs. Section 6. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and IMPROVEMENT AGREEMENT Page 5 of 10 G:kDEVELOP\Greenbriar~Tassajara Creek\PHASE IIl~Improvement Agreement_ Subdivision.DOC April 28, 2004 workmanship which are. not in accordance with the Plans and specifications, and all such materials and or work shall be removed promptly by OWNER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the Improvements plans and specifications. Section 7. Agreement Assignment. DEVELOPER shall not assign this Agreement without the written consent of CITY, which consent shall not be unreasonably withheld. Section 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. Section 9. Notices Ail 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: Melissa Morton Public Works Director City of Dublin IMPROVEMENT AGREEMENT Page ~ of I0 G:~DEVELOP\Greenbriar~Tassajara Creek~PHASE IIEImprovement Agreement_ Subdivision.DOC April 28, 2004 100 Civic Plaza Dublin, CA' 94568 Noti~;es requited to be given, to DEVELOPER shall be addressed as follows: GHC Roxbury,. LLC c/o Greenbriar Homes Communities, Inc. Patrick Costanzo, Executive Vice President 43160 Osgood Road Fremont, CA 9453'9. Notices required to be given surety of DEVELOPER shall be addressed as. follows: Company Name: D~vF. tor~ ~...~ ~z~r~ A"JD,~~/J tT"r' ~~ Attention: ~ tgt-/~ ~,. ~,~ Street AddmsS: ~77¢~ ~~ ~ ~~ ~ City: ~l~ , State: ~ , Zip Code: ~ ~ 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. Concurrently with the execution of this Agreement, DEVELOPER has executed and has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may record said abstract'in the Official Records of Alameda. County. Section 10. 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 project site 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.. Section 11. 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 site of The Improvements 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 IMPROVEMENT AGREEMENT Page 7 of 10 G:\DEVELOP\Greenbriar~Tassajara Creek~PHASE IIILlmprovement Agreement_ Subdivision.DOC April 28, 2004 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. Section 12~ Acceptance. of Work and Right-of-Way. 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 to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance subject to Section 5 above. If not previously dedicated on the final map for Tract 7414, DEVELOPER shall dedicate to CITY by separate instrument any right of way and easements deemed necessary by the City Engineer for the acceptance and maintenance of The Improvements, and, at acceptance of the Work, CITY shall accept said right-of-way and maintenance easement dedications. Section 13. Patent and Copyright Costs. In the event that said plans and specifications require the use. of any material, process or publication which is subject to a duly registered, patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. Section 14. 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 surel~ies 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. Section 15. Liability. a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements 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: IMPROVEMENT AGREEMENT Page 8 of 10 G:~DEVELOP\Greenbriar~Tassajara Creek~PHASE IIBlmprovement Agreement_ Subdivision. DOC April 28, 2004 (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 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. b. Desi.qn 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, OWNER 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. - ¢. Litigation 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 Section 3. Section 16. Indemnification and Waiver. DEVELOPER shall defend CITY,. its officers, employees and officials, against any claims or actions (including declaratory or injunctive, relief) concerning DEVELOPER's. construction of The. Improvements on DEVELOPER's property and shall, indemnify and hold CITY harmless. from any damages, charges, fees or penalties that-may be awarded or imposed against CITY and/or DEVELOPER in connection with, or on account of, DEVELOPER's construction of The Improvements and/or CITY's failure to enforce or comply with any applicable laws. Section t7. Recitals. The foregoing Recitals are true and correct and are made a part hereof. IMPROVEMENT AGREEMENT Page 9 of 10 G:~DEVELOP\Greenbriar~Tassajara Creek\PHASE IllXlmprovement Agreement_ Subdivision. DOC April 28, 2004 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: DEVELOPER: GHC Roxbury, LLC A Delaware Limited Liability Company By: By: Greenbriar Homes Communities, Inc. Janet Lockhart, Mayor A California Corporation, Its Manager ATTEST: Typed or Printed Name By: Kay Keck, City Clerk Title Date: Date IMPROVEMENT AGREEMENT Page lC of 10 Develop: K:LPROJECTS\DUBLINSTassajara III\City- Improvement Agreement Signature Page.doc April 28, 2004 State of California ' ' 1 i' " ., ~d~e .~.' ~ . ' . - ' . ~o be the person~ whose .na~e~ subscribed ,to the wi[Mn', inst~ment and " acknoWieSged to me:that het~~ executed ' the sa.me in his~: 'authorized ' ' ' ' 'capa. cit~ and ~ha~" .~y his~ · ~~~~~% ~ _ signat~[~n the instrument the perso~(s) or  actsd, ex~ou~ed the ins~ument, .... ~NESS my hand a~d O~bial seal', OP~tONAL Though the info~afion below is no~ requital by'fa~ i~ may p~ve '~a/uaN~ ~o per~n~ fe/~ng.-O~ ~e documen~ and could ~ven¢ f~udulent remo~1 and reaffachmenf ef th/~ fo~ ~ another dodument. Descri Of A~ached DOcument ~-. . _ " ' :/~' , .~' " '~7. ~.~,l~ , / "' 'Signer(s) O~er Then 'Named Above: Capac~yO~s) C}aimed by'Signer Slgnsr's N~e: ~ IndMdual ~ ~ Co~orate Officer'--~fle(s): Top of thumb hem ~ Pa~n~r ~ ~ Limited ~.General ~ A~orney in Fac~ ~' Trustee ~ Guardia~ or Conse~ator ~ O~her: Preliminary Engineer's Opinion of Probable' Constrctuion Costs BOND ESTIMATE for CITY OF DUBLIN TRACT 7444 - ROXBURY DUBLIN, CALIFORNIA March 18, 2004 Job No. 961'i2IW SUMMARY A. GRADING/SITE WORK $143,150 B. ASPHALT PAVING $282,915 C. CONCRETE $226,750 D. STORM DRAIN $552,745 E. UTI LITI ES $269,000 F. MISCELLANEOUS $1,296,960 SUBTOTAL = $2,771,520 10% CONSTRUCTION CQNTI'NGENCY = $277,150 GRAND TOTAL = $3,048,700 1 Alt cost figures are given as estimates only. Actual cost will be dependent on the cost figures at bidding time; the general market situation, contractor's work load, seasonal factor, labor and material cost, etc. This engineering firm cannot be responsible for fluctuations in cost factors. 2. This bond estimate is based on Tract 7414 Improvement Plans - Roxbury, dated December 11,2003. 3. This bond estimate does not include any DSRSD improvements. ~:\admin\jobs-96\961121\Tassajara C~ek Ill, Cost Esffmate\TM7414-~,oncl.xls Page 1 of 1 ?retaared by L Hesx Preliminary Engineer's Opinion of Probable Constrctuion Costs BOND ESTIMATE for CITY OF DUBLIN TRACT 74~4 - ROXBURY DUBLIN, CALIFORNIA March 18, 2004 Job No. 961121W ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT A. GRADING/SITE WORK 1. Clear & Grub 1 LS $10,000.00 $10,000 2. Rough Grading 30,900 CY $3.50 $108,150 3. Erosion Control 1 LS $25,000.00 $25,000 SUBTOTAL $143,150 B. ASPHALT'PAVING 1. Fine Grading (PL.to PL) 176,~00 SF $0.30 $52,950 2. AC Pavement (3" AC / 12" AB) 17,960 SF $3.25 $58,370 3. AC Pavement (3"AC / 10" AB) 32,400 SF $3.00 $97,200 4. AC EVA/Trail (3" AC'/8" AB) 18,800 SF $2.50 $47,000 5. 8, AB Zone-7 Access Road 3,760 SF $1.20 $4,512 6. 11"AB Shoulder of EVA/Trail 10,170 SF $2;25 $22,983 S U BTOTAL $282,9 t 5 C. CONCRETE 1. 6" Curb and Gutter 1,600 LF $10.00 $16,000 2. 6" Spill Curb & Gutter 2,700 LF $10.00 $27,000 3. Sidewalk 16,500 SF $3.50 $57,750 4. Driveway Cut- Courts (22'wide) 2,400 SF $4.50 $10,800 5. Driveway Cut- EVA, KOlter, Trail~ Zone 7 600 SF $4.50 $2,700 6. Driveway- Concrete aprons, single-family. 5,950 SF $4.00 $23,800 driveways 7. 3-foot Wide Valley Gutter 3,600 LF $12.00 $43,200 8. 2' Concrete V-ditch (along EVA/trail & Retaining 2,350 LF $7.00 $16,450 Wall) 9, Paseo walks 8,300 SF $3.50 $29,050 S U BTOTAL $226,750 g:\admin\jobs-96\961121\Tassajara Creek 12TkCost Esfimate\TM7414-Bond.xls Page 1 of 3 . Prepared by f. I-Iess BOND ESTIMATE for CITY OF DUBLIN TRACT 74~,¢ - ROXBURY DUBLIN, CALIFORNIA March 18, 2004 Job No, 961121W ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT D. STORM DRAIN 1. Catch Basin 14 EA $1,500.00 $21,000 2. Drop inlet - Santa Rosa Model 2K 39 EA $1,200.00 $46,800 3; Drop Inlet - Santa Rosa Model EK 14 EA $1,200.00 $16,800 4. Drop Inlet - Santa Rosa Model 1L 3 EA $1,200.00 $3,600 5. Manhole 35 EA $2,500.00 $87,500 6. Area Drain (-7 per Lot) 770 EA $50.00 $38,500 7. 6" SD PVC (-70' per Lot) 7,650 LF $10.00 $76,500 8. 8" SD PVC (-30 per Lot) 3,300 LF $15.00 $49,500 9. 8" SD 430 LF $20.00 $8,600 10. 12" SD 315 LF $28.00 $8,820 11. 18" SD. 2,875 LF $35.00 $100,625 12 24" SD 890 LF $50.00 $44,500. 13. Storm Drain Outfall System 1 LS $30,000.00 $30,000 14. Storm Water Treatment Unit 1 LS $20,000.00 $20,000 S U BTOTAL $552,745 E. UTILITIES 1. Joint Trench Facilities 3,240 LF $75.00 $243,000 2. Street Lights 13 EA $2,000.00 $26,000 SUBTOTAL $269;000 ~ MISCELLANEOUS 1. Signing & Striping 1 LS $5,000.00 $5,000 2. Monument 8 EA $300.00 $2,400 3. 1' Retaining Wall 105 LF $30.00 $3,150 4. 2' Retaining Wall 235 LF $40.00 $9,400 5. 3'-Retaining Wall 35 LF $50.00 $1,750 6. 4' Retaining Wall 140 LF $75.00 $10,500 7. 5' Retaining Wall 35 LF $90.00 $3;-150 8. 6' Retaining Wall 65 LF $110.00 $7,150 9. 6' Sound Wall 790 LF $60.00 $47,400 I0. 6' Sound Wall (1' Retaining) 415 LF $80.00 $33,200 11. 6' Sound Wall (2' Retaining) 275 LF $100.00 $27,500 12. 6' Sound Wall (3' Retaining) 190 LF $110.00 $20,900 13. Paseo Wall (2.5' high typ.) 3,200 LF $100.00 $320,000 14. Paseo Walkway Light 41 EA $500.00 $20,500 15. Rock riprap pad'- 10' x 20' 6 EA $2,000.00 $12,000 16. Rock riprap pad - 5' x 10' 4 EA $1,500.00 $6,000 17. Bioswale subdrain 620 LF $8.00 $4,960 18. Creek Restoration (ind. Bioswale areas) 165,000 SF $2.00 $330,000 g:\admin\jobs-96\961121\Tassa~ara Creek IIIX, CostE¢Smate\TM741~'Bond.xls Page 2 of 3 Prepared by I. Hess BOND ESTIMATE for CITY OF DUBLIN TRAOT 7444 ' ROXBURY DUBLIN, CALIFORNIA March 18, 2004 Job No.961121W ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT 19. Landscaping (Parcel H &Paseo Areas at 300 74,500 SF $3.50 $250,250 SF/Lot) 20. Mai] Boxes 23 EA $2,000.00 $46,000 21. Boltards and Half Gate 5 EA $1,000.00 $5,000 22. Street Trees 200 EA $200.00 $40~000 23. Frog Pond '1 LS $15,000.00 $15,000 24. Fencing- Lattice 3.500 LF $'10:00 $35,000 25. Fencing- Open Wire 850 LF $10.00 $8,500 26. Fencing- 2-Rail 2,150 LF $15.00 $32,250 SUBTOTAL $1,296,960 g:\aamin\jobs-96\961121\TassajaraCreek132kCostEstimate\TM7414-Bond.xls Page 3 of 3 Prepared by I. Hess RESOLUTION NO. - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF pA~AND DEDICATION IN LIEU FEE FOR TRACT 7414 WHEREAS, pursuant to City of Dublin Municipal Code 9.28.020, each residential use shall, as a condition to the approval of a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes; and WHEREAS, in its action on the Vesting Tentative Map for Tract 7414 (PA 02-048) approved via Planning Commission Resolution No. 03-51 on October 28, 2003, the Planning Commission of the City of Dublin did determine that a fee in lieu of land dedication for park and recreational facilities is to be paid, and said fee to be used for the development of park and recreational facilities within a period of five years from the date of adoption of this resolution to serve the residents of the subject tract; and WHEREAS, the Developer has paid to the City a remittance amount as prescribed by the Municipal Code as follows: Subdivider: GHC Roxbury, LLC, a Delaware Limited Liability Company Community Park: $370,764.00 Neighborhood Park: $230,148.00 Total Amount: $600,912.00 The proposed In Lieu Fee is to be used for acquisition and/or construction of Neighborhood and Community Park Facilities in Eastern Dublin. NOW, THEREFORE, BE IT RESOLVED that the aforesaid remittance is hereby accepted as performance of said subdivider's obligation under the Municipal Code. PASSED, APPROVED AND ADOPTED this 15th day of June, 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOP\Greenbriar, ! I ~ ~ ~ aI -_. .... ~ / ~~ I , / I .~'. .... ~ i I