HomeMy WebLinkAboutItem 4.14 DubRanFinalMap7148 CTTY CLERK
FILE # 600-60 410-50
AGENDA STATEMENT
CZTY COUNCTL MEETZNG DATE: January 16, 2001
SUBJECT:
EXHIBITS ATTACHED:
Approval of Final Tract Map for Tract 7148, Dublin Ranch,
Areas F, G and H (Lin Family)
Report Prepared by) Lee S. Thompson, Public Works Director ·
1)
2)
3)
Resolution Approving Final Tract Map 7148
Reduced copy of Final Tract Map 7148
Tract Developer Agreement
RECOMMENDATION: VAdopt resolution approving Final Tract Map 7148
FINANCIAL STATEMENT:
The developer is providing a letters of credit to guarantee
construction of the street, grading, and utility improvements and will
pay the cost of construction inspection. Onceimprovements have
been constructed and accepted, the City will incur maintenance costs
for the City-maintained improvements.
DESCRIPTION: Final Tract Map 7148 is located in Eastem Dublin easterly of
Tassajara Road, and is a Master Final Map of nine parcels, some of which will be further subdivided
when Tract Maps are filed with each individual development parcel. Parcel 1 will contain medium
density and single family residential and a middle school. Parcel 2 is a medium high density residential
development consisting of 232 units. Parcel 3 is a neighborhood square and village commercial center.
Parcel 4 is a medium high density residential development consisting of 296 units. Parcel 5 is a high
density residential development consisting of 300 units. Parcel 6 is high density residential development
consisting of 576 units. Parcel 7 is a 6.7 acre City neighborhood park. Parcel 8 is public use land, and
Parcel 9 is general commercial and campus office known as Dublin Ranch Area H.
Final Tract Map 7148 includes the dedication of the extensions of Dublin Boulevard and Central Parkway
from TaSsajara Road to the eastern boundary of Tract 7148, interior streets, storm drain, sewer, and
emergency vehicle public utility easements to serve these large parcels, and a neighborhood park within
the Dublin Ranch Area G Development. The improvement plans for the backbone improvements and
the Final Tract Map have been reviewed and found to be in conformance with the Tentative Map and
Conditions of Approval. All of the required fees, letters of credit, and signed Tract Developer Agreement
have been submitted. The backbone infrastructure will be constructed for the improvements to provide
public street access and utilities for parcels 2, 4, 5, 6 and 7 of Area G.
COPIES TO: Marry Inderbitzen (Lin Family)
ITEM NO.
g:\develop\dublin ranch area G\agst7148
The City has received two letters of Credit guaranteeing that all improvements conditioned by the
Tentative Map will be constructed within a three-year period. On March 15, 2000, Council approved
an improvement agreement for the right-of-entry and street improvements to Central Parkway, Keegan
Street (formerly "Collector B"), Dublin Boulevard, and Tassajara Road. The Developer previously
entered into a contract (with security) to construct the extension of Dublin Blvd., Central Parkway and
Keegan Street. An additional letter of credit in the amount of $7,371,160 is being retained by the City as
security for the interior street improvements of Firmian Way, Chancery Lane and Maguyre Way, and for
landscape frontage improvements to Central Parkway and Dublin Blvd.
The community parkland dedication requirement for this development is being satisfied through a
condition of the project Development Agreement, which includes future dedication of a Sports Park on
the properties to the east. The Neighborhood parkland dedication requirement is being satisfied through
the dedication of Lot 7, which is to become a neighborhood park.
Staff recommends that the City Council adopt the resolution approving Final Tract Map 7148.
-2-
RESOLUTION NO. - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP FOR TRACT 7148
(DUBLIN RANCH, DR ACQUISITIONS II, LLC)
WHEREAS, the Final Map for Tract 7148, 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, DR Acquisitions II, LLC, .successor to the Lin Family, has executed and
filed with the City of Dublin a contract to improve Tract 7148 in accordance with the Final Map of said Tract
7148, the Tract improvement plans and specifications attached thereto; and
WHEREAS, said agreement is secured by letter of credit in the amount of $ 7,371,160. Required
improvements include: Keegan Street, Finnian Way, Maguyre Way, Chancery Lane, frontage improvements to
Dublin Boulevard and Central Parkway improvements, of which $4,914, 105 for said improvements is
conditioned upon faithful performance of said contract, and $2,457,052 for said improvements for the benefit of
laborers and materials upon the work and improvements, conditioned upon payment for labor performed or
material furnished under the terms of said contract;
NOW, THEREFORE, BE IT RESOLVED that said agreement and Letter of Credit be and they are
hereby approved.
BE IT FURTHER RESOLVED that the Final Map of Tract 7148 be and the same is hereby approved,
and that rights to the area marked as the following Lane: Chancery; the areas marked as the following Ways:
Finnian and Maguire; the area marked as the following Parkway: Central; the area marked as the following
Boulevard: Dublin; and the areas marked as the following Streets: Brannigan and Keegan; and those strips of
land marked as Public Service Easement (P.S.E.), Emergency Vehicle Access Easement (E.V.A.E.), Storm
Drain Easement (S.D.E.), and Parcel 7 (neighborhood park), 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 be and is hereby directed to transmit said Map to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 16th day of January, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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TRACT DEVELOPER AGREEMENT BETWEEN
CITY OF DUBLIN AND DR-ACQUISITIONS II, LLC REGARDING TRACT 7148
(AREAS E [PORTION],F, G AND H, DUBLIN RANCH)
This agreement is made and entered into this 16 day of January, 2001,
("Effective Date") by and between the CITY of Dublin,a municipal corporation,
hereinafter referred to as "CITY", and DR Acquisitions II, LLC, a Delaware corporation
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. 7148, consisting of
ten (10) parcels, desires to improve and dedicate those public improvements (hereafter
"The Improvements") required by City of Dublin Planning Commission Resolution No.
00-14 adopted on March 14, 2000, 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 and
specifications for said development approved by the Public Works Director on January
16, 2001, prepared by MacKay & Somps, entitled "Improvement Plans — DR Area-G,
Tract 7148", and now on file in the office of the Public Works Director, which are
• hereby-referred to-for-a mare-defnitc and distinct-description of the work-to be
performed under this Agreement as though set forth at length herein; and
WHEREAS, certain of The Improvements are required to be completed in
conjunction with development of certaiit-ofthe•parcels to be created by the final map;
and
WHEREAS, Exhibit 1 hereto summarizes the conditions of Resolution No. 00-14
which are applicable to each parcel on such map; 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:
Tract Developer Agreement Between Dublin and DR Acquisitions II, LL
Regarding Tract 7148 (Areas E[Portion], F, G and H, Dublin Ranch) ATTACHMENT 3 •
1. Completion Time.
DEVELOPER will commence construction Of The Improvements and shall
complete The Improvements work not later than three hundred sixty-five (365) days
following issuance of the first building permit on each parcel (as to The Improvements
required for that parcel, as shown on Exhibit 1 hereto), provided that all of The
Improvements shall be completed within three (3) years of the Effective Date of this
agreement.
Time is of the essence in this Agreement. Upon completion of The
Improvements or any portion thereof, 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 adjusted for inflation are shown on Exhibit 1 for each of the parcels, for a
total of Four Million Nine Hundred Fourteen Thousand One Hundred and Five Dollars
$4,914,105 for all of The Improvements for all of the parcels to be created by the final
map. Said amount includes costs and reasonable expenses and fees which may be
incurred in enforcing the obligation secured.
3. Security for The Improvements.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish
CITY with an Irrevocable Standby Letter of Credit issued to the City of Dublin, as
Beneficiary, as security for possible claims the Beneficiary, City of Dublin, may have
against DEVELOPER (the Accountee) for breach of any of Accountee's obligations
under this agreement. The term of said Letter of Credit shall be three years from the
Effective Date of this agreement and may be for three (3) successive one-year periods
provided the letter of credit automatically renews after each of the first two one-year
periods. Said Letter of Credit shall be in the amount of at least Seven Million Three
Hundred Seventy One Thousand One Hundred Sixty Dollars $7,371,160 and shall be
in a form satisfactory to the City Attorney.
Said Letter of Credit may be-reduced if and when DEVELOPER or .its-successor
or assignee provides CITY with bonds, in a form satisfactory to the CITY Attorney, as
described below, as security for The Improvements required for one or more of the
parcels, as shown on Exhibit 1:
a. Faithful Performance. Either a cash deposit, a corporate surety
bond issued. by a company .duly.and -legally licensed to conduct a ~,eneral s~ety
business in the State of California, or an instrument of credit equivalent to one hundred
Tract Developer Agreement Between Dublin and DRAcquisitions li, LLC
Regarding Tract 7t48 (Areas E [Portion], F, G and H, Dublin Ranch)
January 9, 2001
Page 2 of 12
per cent (100%) of the estimate set forth in Exhibit 1 and sufficient to assure CITY that
The Improvements will be satisfactorily co. mpleIed,.
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 fifty per cent
(50%) of the estimate set forth in Exhibit 1 and sufficient to assure CITY that
DEVELOPER'S contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefore.
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
appear either in the body of the insurance policies or as endorsements and shall
Specifically bind the insurance carrier.
as:
Minimum ScoDe of Insurance. Coverage shall be at least as broad
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 .)
Tract Developer Agreement Between Dublin and DR Acquisitions II, LLC
Regarding Tract 7148 (Areas E [Portion], F, G and H, Dublin Ranch)
January 9, 2001
Page 3 of 12
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.
no less than:
Minimum Limits of Insurance. DEVELOPER shall maintain limits
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 Covera.cles.
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
Tract Developer Agreement Between Dublin and DR Acquisitions II, LLC
Regarding Tract 7148 (Areas E [Portion], F, G and H, Dublin Ranch)
January 9, 2001
Page 4 of 12
ii)
iii)
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.
Workers' Compensation and Employers Liability Covera.cte.
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.
All Covera.aes.
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:V!I.
Tract Developer Agreement. Between Dublin and DR Acquisitions II, LLC
Regarding Tract7148 (Areas E [Portion], F, G and H, Dublin Ranch)
January 9, 2001
Page 5 of 12
b)
Verification of Coverage. DEVELOPER shall furnish CITY
with certificates of insurance and with original endorsements
effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements
are to be received and approved by the CITY before work
commences. The CITY reserves the right to require
complete, certified copies of all required insurance policies,.
at any time.
c)
Subcontractors. DEVELOPER and/or DEVELOPER's
general contractor shall include all subcontractors as
insureds under its policies or shall obtain separate
certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the
requirements stated herein.
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.
!n 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
Tract Developer Agreement Between Dublin and DR Acquisitions II, LLC
Regarding Tract 7148 (Areas E [Portion], F, G and H, Dublin Ranch)
January 9, 2001
Page 6 of 12
'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 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. Agreement Assi.anment.
This Agreement shall not be assigned by DEVELOPER without the written
consent of CITY. If DEVELOPER sells any of the parcels to be created by the final
map to another developer, CITY shall approve an assignment of the obligation for
those Improvements related to that parcel, as shown on Exhibit 1, provided that bonds
and insurance as described above are first provided to CITY and a written assignment
of this agreement is approved by the City Manager.
'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 extensidn 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.
Tract Developer Agreement Between Dublin and DR Acquisitions II, LLC
Regarding Tract 7148 (Areas E [Portion], F, G and H, Dublin Ranch)
January 9, 2001
Page 7 of 12
(o
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 therefore.
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
P.O. Box 2340
Dublin, CA 94568
Notices required to be. given to DEVELOPER shall be addressed as follows:
DR Acquisitions II, LLC
c/o Martin W. tnderbitzen
7077 Koll Center Parkway, Suite 120
Pleasanton, CA 94566
Notices required to be given to any surety of DEVELOPER or DEVELOPER's
successors provided to CITY when CITY accepts a surety bond.
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 Iml3rovements.
Tract Developer Agreement Between Dublin and DR Acquisitions II, LLC
Regarding Tract 7148 (Areas E [Portion+], F, G and H, Dublin Ranch)
January 9, 2001
Page 8 of 12
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, regutatory 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 CoDvri.eht 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
Tract Developer Agreement Between Dublin and .DR Acquisitions II, LLC
Regarding Tract 7148 (Areas E [Portion], F, G and H, Dublin Ranch)
January 9, 2001
Page 9 of 12
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 independent
contractors in connection with DEVELOPER'S actions and obligations hereunder;
provided as follows:
i) That CITY does not, and shall not, waive any rights against
DEVELOPER which it .may have by reason of the aforesaid hold harmless agreement,
because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any
of the insurance policies described in Paragraph 4 hereof.
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.cln 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.
c. LitiGation ExDenses. 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
Tract Develope, r Agreement Between Dublin and DR Acquisitions II, LLC
Regarding TraCt 7148 (Areas E [Portion], F, G and H, Dublin Ranch)
January 9, 2001
Page 10 of 12
entitled to recover its attorney's fees and costs in any action against DEVELOPER's
surety on the bonds provided under paragraph 3.
15.. Storm Drain Improvements.
Upon submission of an engineer's report, fee/charge analysis and other related
documents, to the satisfaction of the Director of Public Works, as provided in Condition
No. 88 of Resolution No. 00-14, the Director of Public Works shall submit a report to
the City Council for approval of a benefit or fee district. CITY shall favorably consider
creation of a district, as described in Condition No. 88.
16. Traffic Si.anals.
To the extent authorized by law, CITY will make every effort to require the
developer of the property located westerly of Tract No.. 7148 to pay to CITY one-half of
the costs incurred by DEVELOPER for installation of traffic signals at the corner of
Central Parkway and Collector A and Dublin Boulevard and Collector A (which signals
are required to be installed by Condition 104.a and 104.b of Resolution No. 00-14). In
the event CITY is able to impose such a requirement, CITY will pay any such monies
received by CITY to DEVELOPER or its assignee, if this agreement is assigned.
17. 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: Date:
Guy S. Houston, Mayor
ATTEST:
By: Date:
Kay Keck, City Clerk
Tract Developer Agreement Between Dublin and DR Acquisitions II, LLC
Regarding Tract 7t48 (Areas E [Portion], F, G and H, Dublin Ranch)
January 9, 2001
Page 11 of 12
Approved as to Form:
Elizabeth' H. Silver, City Attorney
DEVELOPER:
DR Acquisitions Ii, LLC, a Delaware limited liability company
Date:
J :\WPD~'VIN RSW~I 14\141 ~Agree~tract developer 010901 .doc
Tract Developer Agreement Between Dublin and DR Acquisitions II, LLC
Regarding Tract 7148 (Areas E [Portion], F, G and H, Dublin Ranch)
January 9, 2001
Page 12 of 12
DUBLIN RANCH AREA G
IMPROVEMENTS MATRIX
16034-30
12/19/00
Parcel #
2
(northwest)
Description
Curb to Curb construction
including street and utilities:
Reach Condition
Reference
~- Street'E (Chancery Lane) Parcel 2 frontage 76
Sidewalk & Parkway
Construction:
. _s_ _t_r_e_e_t__3_.(_g_~__an_nj g_a_n_ __W_a. ~_)_ ............._P_..ar_c__eJ_.2_ _f_r_o__n_t_a_g_e. ........................._7_ 9_ ........
. _s_ _t_r_e_e_t_ __E_ .( g_h. _a_n__c_e_r_Z _L__a_n_ _e )_ .............._P__.ar_c_.eJ_ _2_ _f_r_o_ _n_t_a_ge_ ........................._7_ .6_ ........
__S_ _t_r_e_e_t___C_ _(F_ j_n__nj_a_n___W___ay.)_ ................._P.._ar_c,_e_l__2_ _f_r_o__n_t_a_ge_ .........................2_6_ ........
Central Parkway Parcel 2 frontage 72
Completion of Central Parkway
Streetwork
Grafton Street to Street A
72
Traffic Signal Central/Tassajara* 104
Street A/Central* 104
Street A/Dublin*
In Street F alignment from
Street E to Grafton Street
and in Street C alignment
from Street E to Grafton
Street*
at Grafton Street*
Storm Drain
Temporary Pump Station
89
89
Sanitary Sewer In Street C alignment from 90
Street E to existing sewer*
Median Landscaping:
Central Parkway Street A to Grafton Street 97
*If not constructed with development of another parcel
FAR T AMMEMOX2000\16034XDeferred Imprv Matrix.doe
16034-30
12/19/00
DUBLIN RANCH AREA G
IMPROVEMENTS MATRIX
Parcel #
4
(northeast)
(MH2)
Description
Curb to Curb construction
including street and utilities:
Street C (Finnian Way)
Reach
Condition
Reference
Parcel 4 frontage 79
Sidewalk &Parkway 'i
Construction:. ,.
__s_ _ty_~t_ ._B_ _(_ _K_ _~_~_g_a.n___S_t_~_e__~_9 ................_P...ar_c._~_[_A__ _fr_o.9.t.a_g_~_ ........................_7_ _~ .........
__S_ _t_r_e_e__t __B_ _(_ _K_ _e_e_g__a_n___S_ty_e..e.t.) ................_S_ _t_r_e_e_t. _.C..t_o. _S_ _t_r_e_e_t_ _p _*_ ...................._7_ _~ .........
__S_ _t_r_e_e_t__.C_.ffj.n__nj_a_n__.W___a_y_)_ ................._P_ _ _ar_c..e_l__4_ _f_r_o__n_t_a_g.e_ ........................._7..9_ ........
Central Parkway Parcel 4 frontage 72
Completion of Central Parkway
Streetwork
Grafton Street to Street B
72
Traffic Signal
Traffic Signal 25% Cash payment
Central/Tassaj ara*
Street B/Central Parkway*
104
104
Storm Drain In C Street alignment from 89
westerly boundary parcel 4
to Grafton Street*
at Grafton Street*
Temporary Pump Station
89
Sanitary Sewer C Street to Dublin Blvd.* 90
Median Landscaping:
Central Parkway Street B to Grafton Street 97
*If not constructed with development of another parcel
F:NR T AMMEMO\2000\16034NDeferred Imprv Matrix.doc
DUBLIN RANCH AREA G
IMPROVEMENTS MATRIX
16034-30
12/19/00
ParEel #
5
(southwest)
(H1)
Description
Curb to Curb construction
including street and utilities:
Reach Condition
Reference
Street C (Finnian Way) Parcel 5 frontage 76
Sidewalk & Parkway
Construction:
Dublin Blvd. Parcel 5 frontage 73
Completion of Dublin Blvd.
Streetwork
Grafton Street to Street A
73
Traffic Signal
Central/Tassajara*
Street A/Central *
Street A/Dublin*
104
104
104
Storm Drain
Temporary Pump Station
In C Street alignment from
easterly boundary parcel 5 to
Grafton Street*
at Grafton Street*
89
89
Sanitary Sewer
In C Street alignment from
easterly boundary of parcel 5
to existing sewer.*
9O
Median Landscaping:
Dublin Blvd.
Street A to Grafton Street
97
*If not constructed with development of another parcel
F:XR T AMMEMOL2000\16034MDeferred Imprv Matrix.doc
16034-30
12/19/00
DUBLIN RANCH AREA G
IMPROVEMENTS MATRIX
Parcel #
6
(southeast)
Description
Curb to Curb construction
including street and utilities:
Reach Condition
Reference
Street C (Finnian Way) Westerly boundary of parcel 79
4 to Street D
Street D (Maguire Way) Street C to Street B 78
Sidewalk & Parkway
Construction:
. _s_ _t_r_e_e_t_ __B_ .(~_e.e_~_a_n___s_tr_e..e.t ) .................P..ar__q.eJ_ _6_ _fr_o__n_t_a_S_e' ........................._7_ _~ .........
._s_ _t_r_e_e.t..$. _CK__e_e_g_a_n__.S.t~e__e_t) ................_S_ _t_r_e_e_t_ __C_ _t.o..S..tr_e_e__t_p__*_ ....................Z-~ .........
._s__t_r_e.e_t...c_ _(_F__~n_~_~_a_n_..W___ay_)' ................._P_~c__~_[_6_ .f.r.q.n_t_a_~_e__~ ......................._7__9_ ........
Dublin Blvd. Parcel 6 frontage 73
Completion of Dublin Blvd.
Streetwork
Grafton Street to Street B
73
Traffic Signal
Traffic Signal 25% Cash payment
Centralfrassaj ara* 104
Street B/Dublin 104
Storm Drain
Temporary Pump Station
In C Street alignment from
westerly boundary parcel 4
to Grafton Street*
at B Street*
89
89
Sanitary Sewer C Street to Dublin Blvd.* 90
Median Landscaping:
Dublin Blvd. Street B to Grafton Street 97
*If not constructed with development of another parcel
FAR T AMMEMOX2000\16034XDeferred Imprv Matrix.doc
iliAGKAY&SOmPS
CIVIL ENGINEERING PLANNING LAND SURVEYING
Job No. 16034~3
C.D.C.
Page 1 of 1
Rev. 1-10-01
ITEM
A
DUBLIN RANCH AREA G -TRACT 7148
DEFERRED IMPROVEMENTS MATRIX
ENGINEER'S BOND ESTIMATE
SUMMARY
DESCRIPTION
PARCEL 2 (NORTHWEST -AREA MH1)
TOTAL PARCEL 2 CITY BOND AMOUNT
TOTAL PARCEL 2 DSRSD BOND AMOUNT
BOND
AMOUNT FOR
EACH
PARCEL
$2,496,480
$2971,600
SINGLE
BOND
AMOUNT
FOR ALL
PARCELS
$2,496,480
$291,600
B
PARCEL 4 (NORTHEAST - AREA MH2)
TOTAL PARCEL 4 CITY BOND AMOUNT
TOTAL PARCEL 4 DSRSD BOND AMOUNT
$1,528,700
$139,500
$995,295
$139,500
C
PARCEL 5 (SOUTHWEST - AREA
TOTAL PARCEL 5 CITY BOND AMOUNT
TOTAL PARCEL 5 DSRSD BOND AMOUNT
$1,928,900
$234,700
$498,855
$3,700
D
PARCEL 6 {SOUTHEAST - AREA H2)
TOTAL PARCEL 6 CITY BOND AMOUNT
TOTAL PARCEL 6 DSRSD BOND AMOUNT
$1,416,800
$131,000
$923,475
$38,000
Note:
GRAND TOTAL CITY BOND AMOUNT
GRAND TOTAL DSRSD BOND AMOUNT
$7,370,880
$796,800
CITY SECURITY REQUIREMENTS:
100% FAITHFUL PERFORMANCE
50% LABOR & MATERIALS
$4,914,105.00
$2,457.05~.~
$7,371,157.2
SAY $7,371,1 60.® J
All numbers include 10% contingency.
City bond amounts include 5% "soft costs" in addition to 10% contingency.
$4,914,105
$472,800
F:~l T A~VlISC~Iisc 2001\16034~Area G-Def Imp Matrix__Engr's Bond.doc
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