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HomeMy WebLinkAboutItem 4.08 TollDub TDA DubRanGH2 CITY CLERK File # 600-60 AGENDA STATEMENT CITY COUNCTL MEETING DATE: November 2002 SUBJECT: Approval of Final Tract Map 7327, Tract Developer Agreement, Private Street Name, and Acknowledgment of Impact Fee Credit Transfers for Dublin Ranch Development Area G, Neighborhood H- 2 (Toll-Dublin, LLC) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution Approving Final Tract Map 7327 and Private Street Name 2) Resolution Acknowledging Impact Fee Credit Transfers for Community and Neighborhood Park Lands 3) Reduced Copy of Final Tract Map 7327 4) Tract Developer Agreement RECOMMENDATION: ^~ Adopt resolution approving Final Tract Map 7327 and  Private Street Name \ 2) Adopt resolution acknowledging Impact Fee Credit Transfers for Community and Neighborhood Park Lands FINANCIAL STATEMENT: The developer is providing bonds in amounts sufficient to guarantee construction of streets, grading, landscaping and utility improvements, and will pay the cost of construction inspection. Once these improvements have been constructed and accepted, the City will incur maintenance costs for the City-maintained improvements. DESCRIPTION: Final Tract Map 7327 is located in Eastern Dublin east of Tassajara Road, north of Dublin Boulevard, south of Central Parkway and within the Dublin Ranch Development Area G. The site is located in the southeast comer of Area G and will divide 10.12 acres (Parcel 6 of Tract 7148) into 2 lots for 626 multi-family (condominium) dwelling units with6 parcels for private streets and 11 parcels fOr common areas. Each of the two lots will accommodate two levels of subterranean parking, underlying four 4-story condominium buildings. The common areas include a private entry driveway from Dublin Boulevard, streetscape and courtyard landscaping, a centrally located clubhouse facility with swimming pool, and an interconnected network of pedestrian walkways. Final Tract Map 7327 includes the dedication of public service, emergency vehicle access, storm drain, and sidewalk easements. Improvement plans for streets, utility improvements, landscaping and other site C'OPIES TO: Richard M. Nelson, Toll-Dublin, tc. G:\DEVELOP\Dublin RanchXAreas FXG~I-IXH2- Tract 7327XAGST7327.doc ]/~ ITEM NO. ~ improvements have been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval as approved by the Planning Commission on January 22, 2002 via Resolution 02- 06. All of the interior streets will be private, with maintenance performed by a Homeowner's Association. Per the Conditions of Approval, a street sign/naming plan for main entrance and street is subject to approval by the City Council. The developer has proposed the following street name for said private street: Cammore Place. Per the Municipal Code, this street name was circulated to Dublin Police Services, Alameda County Sheriff, Alameda County Fire Protection, the City Building Department, Dublin Unified School District, the U.S. Postal Service, Alameda County Planning, and the cities of Livermore and Pleasanton to determine if there were conflicts in street names that would confuse rescue response time or locations of assigned addresses. The street name for Tract 7327 must be formally adopted and is therefore included in the Resolution associated with approval of the Final Map. An Improvement Agreement with Toll-Dublin, LLC, guaranteed by Performance and Labor and Materials Bonds, is being executed to assure that all required improvements are installed to the City's satisfaction. Toll-Dublin, LLC has forwarded the required insurance certificate, and has dedicated the required community and neighborhood parklands via a credit transfer approved by the City Manager. Staff recommends that the City Council adopt the Resolution approving Final Map for Tract 7327, the Tract Developer Agreement and private street name, and adopt the Resolution acknowledging impact fee credit transfers for community and neighborhood park lands. RESOLUTION NO. - 02 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND PRIVATE STREET NAME FOR TRACT 7327 DUBLIN RANCH AREA G, NEIGHBORHOOD H-2 (TOLL-DUBLIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY) WHEREAS, thc Final Map for Tract 7327, 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 thc State of California and the City of Dublin Municipal Code; and WHEREAS, thc subdivider, Toll-Dublin, LLC, a California Limited Liability Company, has dedicated to thc public on thc Final Map for Tract 7327 a Public Services Easement (P.S.E.), a Storm Drain Easement (S.D.E), a Sidewalk Easement (S.W.E.) and an Emergency Vehicle Access Easement (E.V.A.E.), all in accordance with thc Tentative Map approved by the Planning Commission via Resolution 02-06 on January 22, 2002; and WHEREAS, Toll-Dublin, LLC has included on the Final Map for Tract 7327 a proposed private street name (Cammore Place) for approval in accordance with said Planning Commission resolution; said name has been previously reviewed by City Staff, surrounding cities, Alameda County, emergency services, and the U.S. Postal Service without objection; and WHEREAS, Toll-Dublin, LLC has executed and filed with the City of Dublin a Tract Developer Agreement to construct required subdivision improvements in accordance with thc Conditions of Approval for thc Tentative Map, and in accordance with the improvement plans and the specifications attached thereto; and WHEREAS, said Tract Developer Agreement is secured bYtwo bonds furnished by Thc Continental Insurance Company in the amounts of $462,000.00 for site improvements, storm drain, streets, traffic signal and left-turn lane impr6vcment on Dublin Boulevard (Bond No. 929269650) and $372,000.00 for landscaping (Bond No. 929269651) for a total bond amount of $834,000.00, conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Developer Agreement is secured by two bonds furnished by The Continental Insurance Company in the amounts of $462,000.00 for site improvements, storm drain, streets, traffic signal and left-turn lane improvement on Dublin Boulevard (Bond No. 929269650) and $372,000.00 for landscaping (Bond No. 929269651) for a total bond amount of $834,000.00, conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and NOW, THEREFORE, BE IT RESOLVED that said Tract Developer Agreement and bonds are hereby approved, and the Mayor is hereby authorized by the City Council to execute the Tract Developer Agreement. BE IT FURTHER RESOLVED that the Dublin City Council hereby approves the private street name designation of"Cammore Place" as shown on the Final Map for Tract 7327. G:\DEVELOP\Dublin Ranch\Areas F-G-I-IXH2 - Tract 7327\RESO7327.doc q } ~ g'~'~ ~ ~g~ ¢~}5}'~'~ '~ I BE IT FURTHER RESOLVED that the Final Map for Tract 7327 is hereby approved, and the rights to easements marked as Public Service Easement (P.S.E.), Storm Drain Easement (S.D.E), Sidewalk Easement (S.W.E.) and Emergency Vehicle Access Easement (E.V.A.E.) as offered for dedication to the public in conformity with the terms of dedication are hereby accepted, subject to improvement, and the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 5th day of November, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACKNOWLEDGEMENT OF USE OF EASTERN DUBLIN PUBLIC FACILITY IMPACT FEE CREDITS FOR FINAL TRACT MAP 7327 (DUBLIN RANCH AREA G, NEIGHBORHOOD H-2) WHEREAS, pursuant to thc Development Agreements (D.A.s) recorded as Series Nos. 2002-222537, 2002- 222538, 2002-222539 and 2002-222540, all on May 17, 2002 entered into for Dublin Ranch Area G (Tracts 7324, 7325, 7326 and 7327 subdivisions), the developer (Toll-Dublin, LLC) can utilize thc credits granted to thc Lin Family according to the Master Development Agreement between the Lin Family and the City recorded as Series No. 99-251790 on July 8, 1999 against the applicable portions of the City's Public Facility Fee relating to Community Park Land; and WHEREAS, in accordance with the City's Public Facility Fee Guidelines, DR Acquisitions II, LLC, can transfer 4.188 acres of neighborhood parkland credits (portion of Parcel 7 of Tract 7148 Recorded as Series No. 2001-057355 on February 14, 2001 in Book 257, Pages 3-7) to Toll-Dublin, LLC for use against the applicable portions of the City's Fee relating to Neighborhood Park Land; and WHEREAS, an "Authorization to Use Eastern Dublin Public Facility Impact Fee Credits" Agreement has been executed between the Lin Family and Toll-Dublin, LLC as approved by the City Manager to allow the use of Lin Family credits by Toll-Dublin, LLC to the extent that such credits are available; and WHEREAS, said Agreement authorizes Lin Family to transfer 9.772 acres of Community Parkland credits granted by the Lin Family Master Development Agreement and 4.188 acres of Neighborhood Parkland credits to Toll-Dublin, LLC for use in the referenced four subdivisions. The authorization shall remain in full force and effect unless revoked in writing by Toll-Dublin, LLC or the Lin Family in writing upon receipt by the City. NOW, THEREFORE, BE IT RESOLVED that the City acknowledges receipt of the credits against payment of the Community Parkland and Neighborhood Parkland portion of the fee for the referenced subdivisions. PASSED, APPROVED AND ADOPTED this 5th day of November, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOP\Dublin Ranch~Areas F-G-I-IXH2 - Tract CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this __ day of ,2002, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Toll Brothers hereinafter referred to as "DEVELOPER". RECITAL'S WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that DEVELOPER, the subdivider of Tract No. 7327, desires to improve and dedicate those public improvements (hereafter "The Improvements") required by CITY of Dublin Planning Commission Resolution No. 02-06 adopted on January 22, 2002 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 cert'ain plans and specifications for said development approved by CITY on ,2002 titled "Improvement Plans -Dublin Ranch Area G - Site H2 - Tract 7327, September 2002" prepared by MacKay & Somps, titled "Improvement Plans - Dublin Ranch Area G, Tract 7148, February 2001, Revised Sheet Nos. 17 and 18. of 27" prepared by MacKay & Somps and approved by CITY on/in ,2002, titled "Dublin Boulevard at Project Driveway (Carnmore Place) Traffic Signal Installation, September 2002" prepared by TJKM Transportation Consultants and approved by CITY on/in ,2002, titled "LandsCape Improvement Plans for Dublin Ranch Area G, Site H-2" prepared by Rose Associates and approved by CITY on/in ,2002, and titled "Joint Trench Composite Plans, Tract 7327, Neighborhood H-2, Area G" prepared by Robert Gray & Associates and approved by CITY on/in ,2002, said plans are now on file in the office of the Public Works Director/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; 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 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: 1. Completion Time. DEVELOPER will commence construction of The Improvements within thirty (30).days following the date on which CITY executes this Agreement. DEVELOPER shall complete said work not later than three hundred sixty-five (365) days following said date of execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CiTY with a complete and reproducible set of final a.~-h, ilt ~lans of The Improvements, including any authorized modifications. G:\DEVELOP~DublinRanch~AreasF-G-H\H2-Tract7327\TractDeveloperAgmt.doc ,~,~ ~,~( ;~'~?~'~ ~ ~ 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement as adjusted for inflation is agreed to be $462,000 for site improvements, traffic signal'and left- turn improvements on Dublin Boulevard and $372,000 for landscaping for a total cost of $834,000. 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 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 final acceptance thereof by CITY. All requirements herein provided shall G:\DEVELOP\Dublin Ranch~Areas F-G-H\H2- Tract 7327~Tract Developer Agmt.doc ~J/ I ~ 2 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 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.) 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 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: 1) General Liability and Automobile Liability Coveraqes. 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; G:\DEVELOP\Dublin Ranch~Areas F-G-H\H2- Tract 7327\Tract Developer Agmt.doc ~ ~l ~ 3 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, .em ployees 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, em ployees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers Liability Coveraqe. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3) All Coveraqes. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. a) Acceptability of Insurers. InsUrance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coveraqe. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. G:,DEVELOP\DubIin RanchWeas F -G-H~H2-T tact ?327\Tract Developel~ Agmtdoc ~]~ ~ 4 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 exceptingonly 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 i'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 Public Works Director/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 workmanship which are not in accordance with the plans and specificationsl and all such materials and or work shall be removed promptly by G'.\DEVELOP\Dublin Ranch~Areas F-G-H\H2 - Tract 7327~Tract Developer Agmt.doc ~i~ 5 DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 7. Agreement Assi,qnment. 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 Public Works Director 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: City Manager City of Dublin 100 Civic Plaza Dublin, CA. 94568 G:\DEVELOP\Dublin Ranch~Areas F-G-H\H2 ~ Tract 7327\Tract Developer Agmt, doc I0 I (~ 6 Notices required to be given to DEVELOPER shall be addressed as follows: Toll-Dublin, LLC c/o Toll Brothers, Inc., Northern California Division Attention: t'~.~u~'4~ I'~. f0¢-.'~ (contact name) 100 Park Place, Suite 140 San Ramon, CA 94583 Notices required to be given surety of DEVELOPER shall be addressed as follows: Company Name: Attention: f-~o Street Address: .City: P~ , State: '~¢~ , zip Code: I ~ '~ 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. 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. G:\DEVELOP\Dublin Ranch~,reas F-G-H\H2-Tract 7327\Tract Developer Agmt.doc I ~ / ~ ~ 7 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. 12. 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. 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 Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or G:\DEVELOP\Dublin Ranch~Araas F-G-H\H2 - Tract 7327\Tract Developer Agmt,doc ) ~-~'~1 I ~ -8 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 DEVELOPERshall 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) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within 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. 4) 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 paragraph 3. 1-5. Recitals. The foregoing Recitals are true and correct and are made a part hereof. G:\DEVELOP\Dublin Ranch~Areas F-G-H\H2- Tract 73271Tract Developer Agmt.doc I :~ J I ~ 9 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 Type ,or Print Name Title EHS:rja May 4, 1999 G:\DEVELOP\Dublin RanchWeas F-G-H\H2 - Tract 7327\Tract Developer Agmt.doc t G:\DEVELOP\DubIin RanchWeas F -G-H~H2-Tract 7327,Tm~ Developer Agmt. doc I q t I ¢l 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of , ~amo{s) of Si~nor(~) ~orsonally known to ~ provod to mo on the basis of satisfacto~ evidence to be the person(s) whose name(s) is/are . ,~,~~~,~ subscribed to the within instrument and ~~~~I~': = acknowledged to me that he/she/they executed capacity(les), and that by hisl~er/their ~ -~" ~~.~~!&~,~ signature(s) on the instrument the person(s), or ~ .... ~--~--~"~ ~ ' the entity upon behalf of which the person(s) WITNESS my hand and o~ci~seal. ~laco ~ota~ T~oo~D t3o ~n~o~otion ~n~ coul~ 9rouont froo~olont romowl ~ rooRoc~mont o~ t3is ~orm to onot~or ~oc~mont. Description of ~tta~hed Document Title or Type of ~ocument: Document Date: Sumb~es: Si~ner(s) Other Than ~amed Abovo: Capacity(ies) Claimed by 8i~n~ Tob of thumb here ~ Corporate Officer ~ ~(s): ~ Pa~ner-- ~ Limed ~ General ~ AEorney in Fa~ ~ Trustee ~ Guardian ~Conse~ator ~ Other: Signer Is Representing: © 1997 National Notary Association · 9350 De Soto Ave.. ~,O. Box 2402 · Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder; Call Toll-Free 1-800-875-6827 .Bece'ived: 10/ 2/2002 11:4-3AM; ->Ci't:y o1' Oubl. 3. n PW/Fire; #712; Page 2 OCT:~-02'02(wED) 09:3t TEL:9252450775 P. 002 cwG PRELIMINARY BOND ESTIMATE CITY OF DUBLIN Site H2 - Dublin Ranch Area G - Tract Dublin, California Based on preliminary improvement plans preparect t~y MacKay & Somps datecl February 2002 ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT A. ~TR~ET WORK 1. LUMP SUM Eroslon control 10,000 2. 42,000 SF Finish grading of site 0~3 9,660 3. a,371 SF 3"^.C. pavement 0.99 $,290 4, 4,000 St= Decorative Paving (Main DW) 1.32 5,280 S. 12.371 SF '~2" Cl. II Aggragate base 1.20 14,§50 6. 1,534 SF 4" A.B. under curb & gutter 0.68 ~,040 7 23,556 SF 4" A.B under siaewalk ~.e8 16,020 9. S EA S~reet name mgns 250.00 1 250 10. 1G EA No parking sigr~s 200.00 5 000 11. 400 EA Traffic stnlmng 2.00 B00 12. 200 SI= Pavemen~ markings 5.00 1,000 ESTIMATED TOTAL STREET WORK: $73,440 B, CO.NCRETE WORK 1. 767 LF 6" Curb & gutter incI. $;fll C&G B,75 $0,710 2. 23.556 LF 4" PCC sl~lewalk 2,50 58.890 3. 13 EA Field Inlets 1,700,00 22.100 4. 3 EA Type I Storm drain manllole I 700.00 5,100 ESTIMATED TOTAL CONCRETE WORK: $02,$00 c. SY0RM DRAIN WORK I. ~.300 LF B" PVC Pil~a, SDR-35 27.00 $35,100 2. 530 LF 12" RCP, Class 111 :~5,00 13,250 3. 420 LF 18, RCP, Class III 30.13fl 12,60o 4. 1 EA Connectto exist. 24" RCP 1,500.00 1,500 5, 4 EA Connec~to exist. 18" RCP 1,500,00 6,000 6. 1 EA Connectto exist. CB ~,500.00 1,500 7, 65 EA Landscape area drains ~00.00 32,500 ESTIMATED TOTAL STORM DRAIN WORK: $t02,~50 P~eee:l. ved: 10/ 2/2002 11:43AM; ->C_'L*l:y o'1' Dub]__tn PW/FJ.r-e; #712; Page 3 OCT.~,-O2'O2(WED) 09:31 TEL:9252450775 P. 003 Pdnmd: !0t21D2 D_. ELECTRIC. A_L_ WORK I. 5 EA E~ectroliers .3,000.00 $~15.000 ESTIMATED TOTAL ELECTRICAL WORK: $'1 $~OO0 E. DUBLIN BLVD.;...jMPROVEMENT~_ 1. LUMPSUM L$ Left Turn Improvements 1..00 ,$t6,000 2. LUMPSUM LS Traffic ~ignal 1.00 $120.000 ESTIMATED TOTA~ ELECTRICAL WORK: SUMMAR. Y A. ,STREET WORK $73 440 B. CONCRETE WORK $g2,800 C. STORM DRAIN WORK 5102,450 D. ELECTRICAL WORK $1.5,000 ~ E. DUBLIN BLVD. iMPROVEMENTS ESTIMATED TOTAL CONSTRUCTION COS' $419,690 CONTINGENCY ~ 10% $41,$?0 TOTAL BOND AMOUNT (Nearest S~,000) $462,000 NOTES 1. This a~ti~ate is preparact eS a guide only and is aubjec~ to poss;Ole ;hange, It has bean pregamd [o a s~andam ar accuracy which, lo the best of out knowl~ge and judgement, i; s~fficiem ~o satie~ our understanding o~ the p~=se~ of this ~stimate. Ma=Kay & S=mos ~akes no warranty, either exp~ssed or implied, as Ia Ihe accuracy of this.astlmale, Prepared by the firm of MACKAY' & SOM/a~i Received= 10/ 2/2002 ~:15PM; ->City of Dublin PW/F2¢e; #750; Page 2 O~T,-O2'O2(WED) 16:03 TEL:9252450775 P, 002 PRELIMINARY BOND ESTIMATE City of Dublin Site H-2 Dublin RanCh Area G - Tract 73;~7 Landscape Improvements item No Description Quantit Unit Unit Cost Total Bid Landscape ~ East Podium I 24" box trees 393 EA $250.00 $98,250 2 15 gallon shrubs 12 EA $10(].00 $1,200 3 5 gallon shrubs 4,820 EA $20.00 $96,400 4 I gallon shrubs 324 EA $10.00 $3,240 5 Lawn from sod 8,334 SF $0.80 $6,667 6 Ground Cover 20,285 SF $0.35 $7,100 -7 Soil preparation 28.619 SF $0.15 $4,293 8 Mulch 20,285 SF $0.25 $5,071 9 Automatic irrigation System 28,619 SF $2.00 $57,238 Subtotal $279,456 Po~l Area 1 Automatic irrigation System (all) 6,279 SF $2.00 $12,558 2 Lawn from sod 680 SF $0.80 $544 3 Shrub 8, Groundcover 1,730 SF $3.50 $6,055 4 24" box trees 25 EA $250.00 $.6,250 5 Palms 5 EA $1,000.00 Subtotal $3:0,407 Rece2ved= 10/ 2/2002 6=15PM; ->C2ty o¢ 9ubt&n PW/F2ffe; #750; Page 3 -OOT.-O2'O2(WED) 16:05 TEL:9252450775 P. OOJ Entry, Clubhouse & Outside Pool Area 1 Lawn from sod 680 SF $0.80 $544 2 Shrub & Groundcaver 1,730 SF $3.50 $§,055 3 24". box trees 28 EA $250.00 $6,250 4 Soil preparation (ail) 6,279 SF $0.15 $942 Subtotal $t3,791 Total Landscape Improvements $323,657 Contingency I~ 16% $48,649 TOtal Bond Amount (nearest $1000) $372,000 Estimate prepare~i by Rose and Associates 2-Oct-02