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Home My WebLink AboutItem 4.02 Pulte Homes Tr 8160 or 19 82 STAFF REPORT CITY CLERK CITY COUNCIL File #600-60 DATE: July 21, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long-Term Encroachment for Landscape Features, and Acceptance of Park Land Dedication In-Lieu Fees for Park Land Dedication Requirements for Tract 8160, Heritage Park Phase 1 (Pulte Home Corporation) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: Pulte Home Corporation is filing a Final Map for Tract 8160, Heritage Park Phase 1, to create seven lettered parcels and 29 developable lots for the construction of 29 single family homes. Phase 2 (Tract 8230) will create an additional 25 developable lots for construction of 25 single family homes at a later time. Tract 8160 is located on the former Heritage Park Office Center property, bounded on the north by Dublin Boulevard, on the east by San Ramon Road, on the South by Interstate Highway 580, and on the west by Donlon Way. FINANCIAL IMPACT: Park Land dedication requirements are proposed to be satisfied with payment of $232,174.00 in Community Park Land In-Lieu Fees and $188,790.00 in Neighborhood Park Land In-Lieu Fees. The developer has signed a Tract Improvement Agreement and has posted bonds to guarantee the construction of tract improvements associated with Tract 8160. The Performance Bond and Labor & Materials Bond amounts for construction of the tract improvements are for 100% of the estimated cost to construct the improvements. Bond amounts are summarized below. Purpose of Bond, Bond plumber, Amount of Bond Public Improvements — Faithful Performance 59BSBGW4126 $242,000.00 Public Improvements — Labor & Materials 59BSBGW4126 $242,000.00 Private Improvements — Faithful Performance 59BSBGW4127 $1,505,000.00 Private Improvements- Labor& Materials 59BSBGW4126 $1,505,000.00 The developer will be responsible for all construction inspection costs related to the improvements required for Tract 8160. All streets internal to the proposed subdivision will be privately owned and maintained by the Homeowners' Association. The Homeowners' Association will also be responsible for maintaining the project-related landscape features within the public right-of-way on Donlon Way and San Ramon Road and for maintaining stormwater treatment measures constructed with this project. RECOMMENDATION: Page 1 of 3 ITEM NO. 4.2 Staff recommends that the City Council take the following actions: 1) Adopt a Resolution Approving Final Map and Tract Improvement Agreement for Tract 8160, Heritage Park Phase 1; 2) Adopt a Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8160, Heritage Park Phase 1; and 3) Adopt a Resolution Accepting Park Land Dedication In-Lieu Fees for Park Land Dedication Requirements for Tract 8160, Heritage Park Phase 1. a c( eV Submitted By Reviewed By Reviewed By Public Works Director Administrative Assistant City Manager Services Director DESCRIPTION: Pulte Home Corporation, a Michigan Corporation, is filing a Final Map for Tract 8160 to subdivide Parcels B and C of Parcel Map 10259 into seven lettered parcels and 29 developable lots for the construction of 29 single family residential homes (Attachment 1). The Final Map for Tract 8160 dedicates public service easements and an emergency vehicle access easement. The Final Map for Tract 8160 has been reviewed and found to be in conformance with the Vesting Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 14-30 on June 10, 2014. The Developer has submitted an executed Tract Improvement Agreement, together with the required Faithful Performance and Labor & Material Bonds. The Agreement for Long-Term Encroachment for Landscape Features for Tract 8160 provides for the Homeowners' Association to maintain project-related landscape features within the public right-of-way along Donlon Way and San Ramon Road, including planter strips, sidewalks, street trees and the concrete parallel parking bays created along the project's Donlon Way frontage. Staff has prepared a Resolution Approving Final Map and Tract Improvement Agreement for Tract 8160, Heritage Park Phase 1, (Attachments 2 and 3); and a Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8160, Heritage Park Phase 1 (Attachments 4 and 5). Park Land Dedication Requirements Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land or pay a fee in-lieu of dedicating such land as a condition of final map approval. Pulte Home Corporation proposes to make cash payments to satisfy both its Community Park Land and Neighborhood Park Land dedication obligations. The following table shows how Pulte Home Corporation, will satisfy the Parkland requirements for Tract 8160. Dedication Fees In Lieu Pulte Home Corporation Requirement of Dedication = Comptilance Community Park Land 0.203 acres $2327174.00 Payment of$232,174.00 Page 2 of 3 Neighborhood Park Land 0.087 acres $188,790.00 Payment of$188,790.00 The calculation of the acreage required and/or in-lieu fees are determined in accordance with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution Accepting Park Land Dedication In-Lieu Fees for Park Land Dedication Requirements for Tract 8160, Heritage Park Phase 1 (Attachment 6), which outlines the requirements and how Pulte Home Corporation will achieve compliance. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this report have been provided to Pulte Home Corporation. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8160 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 8160, Heritage Park Phase 1 3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract 8160, Heritage Park Phase 1 4. Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 81600, Heritage Park Phase 1 5. Exhibit "A" to Resolution, Long-Term Encroachment Agreement with Tract 8160, Heritage Park Phase 1 6. 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W Iw Zl a e �q Ag 1 ul 1 Q ~ 1 �°I J �Z —— (1),9G fiLV M.£1,SS,IZN I,OS' KOQ — M l p1 SS.4ZN - N2455'13 H 325 04!( RESOLUTION NO. - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8160, HERITAGE PARK PHASE 1 WHEREAS, the Final Map for Tract 8160, 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, Pulte Home Corporation, a Michigan Corporation, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8160 to construct required subdivision improvements in accordance with the Conditions of Approval for the Tentative Map, and with the improvement plans attached thereto; and WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Hartford Fire Insurance Company in the amount of $242,000.00 for public improvements (Bond No. 59BSBGW4126), and $1,505,000.00 for private improvements (Bond No. 59BSBGW4127), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Hartford Fire Insurance Company in the amount of $242,000.00 for public improvements (Bond No. 59BSBGW4126), and $1,505,000.00 for private improvements (Bond No. 59BSBGW4127), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; NOW, THEREFORE, BE IT RESOLVED that said Tract Improvement Agreement and bonds are hereby approved. BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby authorized to execute said Tract Improvement Agreement, attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the Final Map of Tract 8160 be and the same is hereby approved, and that rights to the areas marked as Public Service Easement (PSE), and Emergency Vehicle Access Easement (EVAE) offered for dedication for public use in conformity with the terms of dedication be, and they are hereby accepted, subject to improvement, and that the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 21st day of July, 2015, by the following vote: AYES: 1 NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2 CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 8160 This agreement is made and entered into this 6th day of July, 2015, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Pulte Home Corporation, A Michigan 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. 8160, desires to improve those improvements (hereafter "The Improvements") required by City of Dublin Planning Commission Resolution No. 14-31 adopted on June 10, 2014 approving a Site Development Review Permit and Vesting Tentative Tract Map 8160 for the Project known as Heritage Park, in accordance with the requirements and conditions set forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plans for said development entitled: • Improvement Plans - Tracts 8160— Heritage Park Phasel Project at 11887 Dublin Boulevard, prepared by Carlson, Barbee & Gibson, Inc. and signed by the City Engineer • Joint Trench Plans— Tracts 8160— Heritage Park Phase I Project at 11887 Dublin Boulevard, prepared by Giacalone Design, with any modifications for approval by the City Engineer • Street Lighting Plans— Tracts 8160— Heritage Park Phase 1 Project at 11887 Dublin Boulevard, prepared by Giacalone Design, with any modification for approval by the City Engineer • Landscape Plans— Tracts 8160— Heritage Park Phase I Project at 11887 Dublin Boulevard, prepared by VanderToolen Associates, with any modifications for approval by the City Engineer and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of Public Service Easement (PSE) and Emergency Vehicle Easement (EVAE) for Public Purposes for The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, CITY has determined that the portion of The Improvements that will be accepted by the City as Public Service Easement (PSE) and Emergency Vehicle Easement (EVAE) for Public Purposes as Public improvements are a public works subject to California prevailing wage requirements: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. DEVELOPER shall complete said work not later than two years following said date of execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish 1 CITY with a complete and reproducible set of final Record Drawings of The Improvements, including any modifications made during construction. 2. Estimated Cost of Improvements. The estimated cost Of constructing The Improvements required by this agreement are presented iO the Bond Estimate - Tract 8Y00— Heritage Park, dated, prepared by Carlson Barbee Gbd Gibson, and are agreed to be as follows: • Tract 818D Phase 1 On-Site Improvements $1'505.000.00 • Tract 8160 Phase 2 (Tract 823O\ Off-site Improvements $242'000.00 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said @nnOUDi reflects that the lFr8Ct 8100 |DlprOVeDO8Dt8 are currently 0% complete (bond iS for 100% Of the full 8OlVunU. The bond estimates are attached as Exhibit Atothis agreement. Furnished.Bonds Concurrently with the HmeCUUOO of this AuneeDl8Ot. DEVELOPER shall furnish CITY with the fO||OVViDA security in @ form satisfactory to the CITY Attorney: Performance.Faithful Either C8Sh deposit, @ corporate surety bond issued by CoOOp8Dy duly and legally licensed to conduct general SUn3ty business in the State of California, or an instrument Of credit equivalent tU one hundred per cent /100%\ Dfthe estimate set forth iDParagraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively, the "Faithful Performance BODd'`). Materials.Labor and Either 8 cash deposit, a corporate surety bond issued byacompany duly and legally licensed tO conduct a general surety business iD the State Of California, O[aD instrument Of credit equivalent tO one-hundred per cent (1DO%) ofthe estimate set forth inParagraph 2 and sufficient tO assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing |@bOr' materials, or equipment shall be paid therefore (CO||eCUve|y' the "Labor and Materials Bond"). CITY shall bethe sole iOdeO)nitee named Dn any instrument required by this Agreement, Any inStnJ[DeDi Or deposit required herein shall CODfOrrn with the provisions of Chapter 5 of the Subdivision Map Act. 3. Insurance Required. Prior to C000eOCiDg COn8tnJCtiOO of the i0p[oVe0BDtS. DEVELOPER Sh@U obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph Prior to the CO0nOenCe08nt of work under this Agreement, DEVELOPER'S general contractor(if different than Developer) shall Ob18iD OF cause tO be obtained and filed with the Administrative Services Director, all insurance required under this paragraph. DEVELOPER shall not allow any contractor Vrsubcontractor 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 iO full force and effect until the completion Of work under this Agreement and the final acceptance thereof byCITY. All requirements herein provided shall appear either in the body Ofthe insurance policies oros endorsements and shall specifically bind the insurance carrier, 2 A. Minimum Scope of Insurance. Coverage shall beEt least aSbroad as: 1) Insurance Services Office form number GLOOO2 (Ed. 1/73) covering comprehensive General Liability and |OSU[@OCe Services Office form number GL 0404 covering Broad FO[nl Comprehensive General Liability; or Insurance Services Office COD101erCiG| G8Oe[8| Liability coverage ("0CCU[FeAce" form CG 0081.) 2) Insurance Services Office form number CA0O01 (Ed. 1/78) covering AUtO[OObi|g Liabi|ity, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance @s required by the Labor Code of the State of California and Ernp|Dy8rS Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits OQ |eSS than: 1\ General Liabilit : $1,DOO'OOO combined single limit per occurrence for bodily injury, personal injury and property damage. Yf commercial General Liability Insurance Vr other form with @ general aggregate limit {8 used, either the general aggregate limit shall apply separately tO this project/location Qrthe general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liabilit : $1,O0O.000 combined single limit per accident for bodily injury and property damage. 3\ : Workers' compensation limits 3G required by the Labor Code Ofthe State of California and Employers Liability limits of$1'000'OOO per accident. C. Deductibles Retentions. Any deductibles O[ self-insured retentions must be declared to and approved by the CITY. DEVELOPER hereby declares that the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self- insured retention for Bodily Injury and FzrOperty0BDl@gH Liability, (ii) a $2.000,000 per occurrence self-insured retention for third party action over actions and (iii) a $7,500,000 per occurrence self-insured retention for Home Builder's Limited Warranty Coverage, Construction Damage Liability Coverage and Fungi and Related Medical Payments ("GLS|R's"). The CITY hereby approves the GLS|R'S. D. Other Insurance Provisions. The policies are to contain, or be endorsed to CODtGiO. the following provisions: 1\ General Liability and Automobile Liability Coverages. a> The CITY, its officers, agents, officials, employees and volunteers shall be named aS additional insureds Gsrespects: liability arising out Df activities performed byD[ OD behalf Qf the DEVELOPER; products and completed operations 0f the DEVELOPER; premises owned, occupied Or used by the DEVELOPER; Q[automobiles owned, leased, hired Or borrowed by the DEVELOPER. The coverage shall contain nnspecial limitations OD the scope of the protection afforded iO the CITY, its officers, officials, employees or volunteers. 3 b\ The [)E\/EL{lPER'sinsurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any |D8Ur8DCB or self-insurance maintained by the CITY, its 8ffiQeFS. officials, employees O[ volunteers shall hB excess Of the [JEVELOPER'G insurance and shall not contribute with it. C) Any failure to comply with reporting provisions of the policies 8h2U not affect coverage provided to the CITY, its OMicen8. Dffici@|8' employees Or volunteers. d) The [)EVELOPER'S insurance shall apply separately tn each insured against whom claim i8 made D[ suit im brought, except with respect tO the limits of the insurer's liability. 2) . The insurer shall agree to waive all rights of subrogation against the CITY, its officers, Off|cim|s, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3\ All Coverages. Each insurance policy required by this clause shall be 8OdOFSed LQ state that coverage ShB|| not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified Dl@i|' return receipt requested, has been given tO the CITY. Notwithstanding the h][8goiOg. if an 8Dd0[seOOeDt that VVOU|d provide for thirty /30\ days' prior written notice prior to one O[ more 0f the above actions is not commercially available, DEVELOPER shall be excused from providing an endorsement covering said aChDD or actions, provided that in such circumstances, DEVELOPER shall give written notice t0the CITY as 8OQn as is practicable if DEVELOPER learns that its coverage has been suspended, voided, cancelled by either party Qrreduced in COVe[aQe orinlimits. 8) Acceptability of Insurers. Insurance istVbe placed with insurers with @ Bests' rating DfnQ less than A:Vl|. b) Verification gf Coverage. DEVELOPER shall furnish CITY with certificates ofinsurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed bya person authorized bythat insurer to certify coverage oO its behalf. The certificates and endorsements are tQbe received and approved bythe CITY before work oOm0eOCe8. The CITY reserves the right to require CO0p|ei9, certified copies of all required iOSU[8Dce policies, at any time provided; however, that if the policies are not yet available, the City will accept copies of the applicable binders. o) Subcontractors. DEVELOPER and/or [>EVELOPER's general contractor shall include all subcontractors @8 insureds under its policies or shall obtain Separate certificates and endorsements for each SUbCDn\nBCtQr. All coverages for subcontractors shall be subject tU all of the requirements stated herein. 4 4. 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 workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 5. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its City Engineer and designated representative for the safe and convenient inspection of the work throughout its 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. 6. Agreement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY. 7. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPS 's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DVELOPER's obligations under this Agreement. 5 K DEVELOPER refuses or fails to obtain pn38eCUtOn 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 iiDle, or if DEVELOPER ShVU|d be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, Orif@ receiver should be appointed, or if [JEVELOPER. D[any Of [)EVELOPER'S cDOtFa(tOrS. sVbCOOiraCtO[S. @g8Oi3 or employees should violate any Dfthe 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, and DEVELOPER shall have fifteen (15) days after receipt Df such VVFiƒt8D notice to CUne such default; provided that' if such CUne cannot he reasonably effected within such fifteen (15) day period, such failure shall not be a default hereunder so long as DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter diligently prosecutes such cure iOcompletion. In the event of any such notice of breach of this Agreement, DEVELOPER'S surety shall have the duty to take over and CDrDp|8te 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 8|eCUoO, CITY may take over the work and prosecute the same tO completion, by contract Orby any other method CITY may deem advisable, for the aCCnUOt and at the expense of DEVELOPER and DEVEL(]PER's surety shall he liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and' in such ewent. CITY, without liability for so doing, may take pQSseSSiOO 0f. and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER 3g may beODthe site Of the work and necessary therefore. All notices herein required shall be in writing, and delivered in person or sent by registered Dl@i|. postage prepaid. Notices required tobe given to CITY shall be addressed aSfollows: City Engineer City of [)Ub|iD 100 Civic Plaza Dublin, CA0456B Notices required tObe given L0DEVELOPER shall be addressed 8Sfollows: PU|te Home Corporation 6210 St0Oeridge Mall m�V8d. � Floor Pleasanton' CA. 84580 At O. Andy Cost, Director of Land [JGwg|opnneDt Phone: (925) 249-4327 Cell: (g25) 58O-81i4 NObOeS required to be given surety Qf DEVELOPER shall be addressed as follows: 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 b] the new address. 8. 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 ofDEVELOPER. The issuance Of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed iU any manner[Uconstitute a partial Orfinal 8CC8pt8OCe or approval of any O[all such improvements byCITY. DEVELOPER agrees that C|TY's Building Official may withhold the iSSU3Oce Of building or occupancy pe[O0i|S when the work or its progress may substantially and/or detrimentally affect public health and safety. 9. Safety Devices. DEVELOPER Sh8|| provide and maintain such guards, Vv@tchDleO' fences, barriers, negU|Gk3ry 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 tOthe property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the Said fences, berrierS, 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. 10. Acceptance of Work. Upon notice of the COnOp|ebOD of The IOlprOe8[D8O18 and the delivery Of 3 Set of final as-built plans t0 CITY by [}EVEL[)PER. C|TY, through its City Engineer or his designated representative, 3h8|| examine The Improvements without delay, @Dd' if found to be in accordance with said p|8OS and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated COSt of The |DlprOverD8DLS that are within the Public right-of-way or Public easements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private Improvements and a warranty bond will not be needed for these Improvements; provided however, the CITY shall examine the Private Improvements aS set forth above and shall notify DEVELOPER O[ his designated agents 0f their completion and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. 11. Patent and Copyright Costs, In the event that said plans and Sp8CiMcabOn0 require the use of any no8teha|' pn}QeSS Or pub|iC@UDD which is subject to a duly registered patent O[ 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 n)@te[ia|. process Or publication. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement O[ any provision Of this Agreement shall not operate b} release any surety 0r 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 ƒO said bonds hereby waive the provisions 0fSection 2819Of the Civil Code [fthe State DfCalifornia. 13. 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 bB performed iO2 proper manner. DEVELOPER agrees tOindemnify, defend, release, and save harmless CITY, and each Of its elective and appointive boards, CO[DD1iSSiODS' OffiCg[S agents and eOlp|Oyees, from and against any and all |OsS. C|airns. suits, liabilities, actions, damages, U[causes Df action of every kind, nature and description, directly Or indirectly arising from an act Dromission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1> That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason 0fthe aforesaid hold harmless agreement, because Ofthe acceptance by CITY, Or the deposit with CITY by DEVELOPER, of any Ofthe insurance policies described iD Paragraph 4hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply|o all damages and claims for damages of every kind suffered, or alleged t0 have been suffered, by reason Of any Ofthe aforesaid operations referred tBiO 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, |f. 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, [JEVELCJpEFl sh8||. UpOO order by the CITY, correct said design defect at his sole COGt and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds Sh@|| 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 t0 recover its attorneys' fees and court COStS. |f 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. 14. Recitals. The foregoing Recitals are true and correct and are made @ 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: City Manager ATTEST: City Clerk DEVELOPER Pulte Home Corporation, A Michigan Corporation By: Daniel J. Carroll, Vice(e�sident of Land Authorized Representative A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State ofCalifornia ) County ofAlameda ) On July 6,2015, before me,Kristj L.Bergman, u Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to onu that be/mhoAbcy executed the man)c in his/beoYbcir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the purmou(m) acted, executed the instrument. I ocdifv under PIN/\[7Y OF PERJURY under the |uvvo of the State of California that the foregoing paragraph im true and correct. WITNESS my hand and fO i | seal. 40 Signature Commission 0 2049346 Coo ConnV OMM. im Nov IS 2017 Carlson, �� =,�m ��ee & Gibson, Inc. cwLswGIweERe " aunvevoRa ° puwNena ENGINEER'S PRELIMINARY BOND ESTIMATE May 8.2O15 ON-SITE IMPROVEMENTS Job No.: 2Og7-01O HERITAGE PARK-TRACT 8160 DUBLIN,CALIFORNIA Item Description Quarift Unit Unit Price Amoont GRADING AND DEMOLITION 1 Clearing and Grubbing 6.0 AC $ 2.000.00 $ 12.000 2 Import 800 CY $ 10.00 $ 8.000 3 Rough Grading 2.880 CY $ 2.50 $ 7.200 4 Finished Pads 54 EA ¢ 1.000.00 $ 54.000 5 Tree Protection 0 EA $ 350.00 $ 2.100 O Retaining Walls LF * 50.00 $ Subtotal Grading and Demolition $ 83.300 STREET WORK 7 Fine Grading (Back vr Walk m Back orWalk) 58.485 SF $ 1�00 $ 59.485 O 3'A.C. Paving 40.880 8F $ 2,50 $ 102.000 8 1O''Aggregate Base 40.800 8F $ 1.50 * 61.200 10 Rolled Curb and Gutter 2.500 LF $ 17.00 $ 42.500 11 6"Vertical Curb 815 LF $ 17.00 $ 13.855 12 Valley Gutter(3 feet wide) 115 LF $ 25,00 $ 2.875 13 4' Sidewalk(ovmred) 13.000 8r $ 7.00 $ 91.000 14 Curb Ramps 11 EA * 2.000.00 $ 22.000 15 Signing and Striping 1 LS $ 5.000.00 $ 5.000 Subtotal Street Work $ 398.915 STORM DRAIN iO Catch Basin (City Standard Detail CD-401) 13 EA $ 2.500.00 * 32.500 17 Manhole(City Standard Detail co`*o7) O EA $ 3.000.00 $ 18.000 18 12''Storm Drain (Class mRCP) 1.062 LF $ 35.00 $ 37.170 13 15''Storm Drain (Class///RCP) 356 LF $ 40.00 $ 14.248 20 18''Storm Drain (Class mRCP) 23 LF $ 50.00 $ 1.150 21 24^Storm Drain (Class mRCP) 262 LF $ 04.00 $ 16.768 22 Field Inlet d EA $ 2.500.00 $ 15.000 23 Sump Pumps(In ammmnmmAreas) 2 EA $ 1.000.00 $ 2.000 24 Water Quality (In oioretenuonAreas) 5.860 SF $ 15.00 $ 89.400 25 Connect toExisting 1 EA $ 1.000.00 $ 1.000 Subtotal Storm Drain $ 227.228 WATER SUPPLY Included inDGR@DEstimate SANITARY SEWER Included inD3R3DEstimate 2eomcAm|woRAmow.SUITE oen^SAN m^MOw.CALIFORNIA 945ma`(9m5)oas-0a22^wuw.sbaosdg.cum p.0000 2099uO97-010\sstimates\o"=^rm/m=te-001_ow*/rs.,/s Page,*z Carlson, Barbee & Gibson, Inc. Item Description Quantity Unit Unit Price Amount JOINT TRENCH 26 Joint Trench 1,925 LF $ 100.00 $ 192,500 27 Decorative Electroliers 12 EA $ 4,000,00 $ 48,000 Subtotal Joint Trench $ 240,500 MISCELLANEOUS 28 6'Soundwall 320 LF $ 150.00 $ 48,000 29 11'Soundwall with Retaining (4'Max) 800 LF $ 220.00 $ 176,000 Subtotal Miscellaneous $ 224,000 SUBTOTAL ON-SITE IMPROVEMENTS $ 1,174,943 10%CONTINGENCY $ 117,494 e�®VESS/OA, T 10% INSPECTION $ 117,494 8% ENGINEERING $ 93,995 6794 or_ EX .12/31/16 41 TOTAL ON-SITE IMPROVEMENTS $ 1,505,000 Lp 4 CIVO- (to the nearest$1,000) OFF C N \F P*12000-209912097-010\Estimates\Bond\Estimate-001 ON-SITEAs Paqe 2 of 2 Carlson, �� °�mu�ee �� ^�w� Inc..� .�0==��r " CIVLewmwesRm ° GupwsYons ° puAwmERs ENGINEER'S PRELIMINARY BOND ESTIMATE May e.2o1s OFF-SITE IMPROVEMENTS(DONLOMWAY) Job No.: 2097'O1O HERITAGE PARK'TRACT mso DUBLIN,CALIFORNIA Item Description Quantity Unit Unit Price Amount DEMOLITION 1 Sawcut Donlon Way 570 LF $ 2.50 $ 1,425 2 Curb and Gutter Removal 450 LF $ 200 y 900 3 AC Removal eooO LF $ 380 $ 27.900 Subtotal Demolition $ 30.225 STREET WORK 4 Grading and Compacting 8ubgredn 5380 SF $ 2.00 $ 10.760 5 3^AC Paving(or match existing) 5.380 GF $ 2.50 $ 13.*50 O 6''Vertical Curb 510 LF $ 17�00 $ 8,670 7 Valley Gutter(3 feet wide) 280 LF $ 2500 $ 6500 8 4'Sidewo|k(comred) 1.940 SF $ 7.00 $ 13.580 3 18' Driveway Approaches 7 EA $ 1.000.00 $ 7.000 10 Curb Ramps 2 Ex $ 2,000.00 $ 4.000 11 Signing and Striping 1 LS $ 2.000.00 $ 2,000 Subtotal Street Work $ 65.960 STORM DRAIN 12 Catch Basin(City Standard Detail CD-+w1> 1 EA $ 2.500.00 $ 0000 13 Manhole(City Standard Detail oo-4o7) 1 EA $ 3.000.00 $ 3000 14 18^Storm Drain(Class/xRCP) 84 LF $ 50.00 $ 4.200 15 18''Storm Drain(Class vRmP) 24 LF $ 60.00 $ 1.440 18 Connect to Existing 1 EA $ 1.000.00 $ 1.000 Subtotal Storm Drain $ 12.140 LANDSCAPE 17 Landscaping 2.105 SF $ 1000 * 21.050 Subtotal Landscape $ 21,050 JOINT TRENCH 18 Joint Trench 475 LF $ 100,00 $ 47.500 1e OacoratiwaBemmUers 3 s* $ 4.000.00 $ 12.000 Subtotal Joint Trench $ 59.500 SUBTOTAL OFF-SITE IMPROVEMENTS(OONLQNWAY) $ 188,876 10%CONTINGENCY $ 18.088 1uY6INSPECTION $ 18'888 8% ENGINEERING $ 15'110 TOTAL OFF-SITE IMPROVEMENTS(DOWLOWWAY) $ 242.000 (to the nearest$tuu0) 2633 CAMINO RAMON,SUITE 350 SAN RAMON,CALIFORNIA 94583-(925)866-0322-www.cbandq.com p.\2000 2099\2097-010\s"o=mma""msstimm=-001_o=r-Sns.a" Page,m, RESOLUTION NO. - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR TRACT 8160, HERITAGE PARK PHASE 1 WHEREAS, a Vesting Tentative Map for Tract 8160, Heritage Park was approved by Planning Commission Resolution No. 14-30 on June 10, 2014 with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project- related landscape features within the public rights-of-ways; and WHEREAS, said Conditions of Approval required the developer to enter into an "Agreement for Long-Term Encroachment" for the maintenance of said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct the required Tract improvements, including said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features with Tract 8160, Heritage Park, attached hereto as Exhibit "A", which will be recorded against the property concurrently with the Tract 8160 Final Map; NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 21st day of July, 2015, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- Mayor City Clerk Recording Requested By: CITY OF DUBLIN When Recorded Mail To: City Clerk City *fDublin 100 Civic Plaza Dublin,CA 94568 Fee Waivedper GC 27383 AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 8160 and 8230, HERITAGE PARK RESIDENTIAL THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 8l80 AND 023O ('Agrcerusnt") is made between the City of Dublin ("City") and Pulte Home Corporation, a Michigan corporation, (^^<]vvosr"). 8. Pr The subject properties are Tract 8160 (Phase l\ and 0230 (Phase ]) oo filed io Book mf Maps od Pages__________, and inBook of Maps at Pngcu in the()fficiu| Records of the County of/\luouedu, State ofCalifornia. 2. De Owner is the owner o[Tract 8l6O and 0230, Heritage Park Residential, real property commonly known aell8Q7 Dublin Boulevard, ("Project"). 3. Owner, mm part ofthe Project, anticipates the uouaboc1ioo of Project rele1ed lundmouyu features within the City's rights mfvvmymon the following streets adjacent to Tracts 8lh0 and 8230: Donlon Way and San Ramon Road (nVi|ective|y, the "Landscape Peutuces"). Construction details for these Landscape Features are shown onthe "Heritage Park Production Landscape Plans~prepared hy Vander Tooieu f\mmociatom° dated March 6, 2015, with modifications uunecessary for City approval. The scope of the improvements covered under the agreement iu shown onthe attached Exhibit A. 4. Owners shall apply tothe City for uo encroachment permit for work robc performed pursuant 1othis Agreement. The City must grant the encroachment permit fbrall work to ioubsU, operate and maintain the Landscape Features innprnveoocutu and all the conditions imposed hy the City must bc consistent with the provisions of this Agreement. lF there iou conflict between any provisions ofthis Agreement and the encroachment permit, the provisions of this Agreement shall prevail over the conditions ofthe encroachment permit. 5, Ownership, Owners yhuU own all special budodhg but not limited io sidewalk, and decorative features within public Right n[Way mn Donlon Way including kondoomp' decorative pavements and special features (is., walls, etc.), EVA atCarsten Court and San Ramon Road. EVA gates, pavement and landscaping, uoddhseuiireprocud0000retcm000drvolo along the Proieu1'ebmuudoriem, etc. 6. [)p/oecs shall maintain and repair all the Landscape improvements and 000ud*'nUm, including all frontage and island landscape plantings, irrigation, sidewalks and concrete parking bays and valley gutter along Donlon Way within the designated areas, ioasafe manner consistent with the approved plans to the reasonable satisfaction of the City at its sole cost and expense, including electric power and water oomL Owner will be responsible at its ao|c cost to replace or repair any Landscape Feature damaged or removed during the maintenance orrepair of sewer, water, cbuiuugs or utility improvements bythe City, [)nh|bn San Rucunu Service District nrutility company, unless such damage or removal im caused by the negligence, gross negligence ocwillful misconduct mfdheCity, Dublin San Ron)oo Service District orutility company. The City will maintain n1 its sole cost all asphalt concrete pavement, concrete curb and gutter, drainage improvements,traffic signs and striping, and streetlights and any other features in the public right of way. 7. If future improvements proposed bythe City conflict with any of the Landscape Features, the City may remove mr reasonably relocate the Landscape Feature ed its sole cost. If any mtthe Landscape Features are relocated,the City and Owners will execute modification tw this Agreement to reflect the maintenance and npcm8ioom o1 its new location. Provided, however,the City is under uo obligation io relocate any of the Landscape Features. 8. 0vvoszo obuU obtain and maintain iu effect acombined single limit policy o[liability insurance not less than one million dollars ($l,008,O00) covering the Landscape Features improvements and shall name the City aaooadditional insured. 9, Owners abmU indemnify, defend and hold the City baon1coo from and against any and all loss, claims, liability doozuAe or expense or cost the City may incur oc become liable for or for which u claim is made by athird party, due to or arising out of Owner's construction, maintenance mr operations of the Landscape Features unless caused by the negligence, gross negligence or willful misconduct ofthe City, its agents, contractors oremployees. 10. Permanent: The Landscape Features and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, and are appurtenant to the Property. I L Right to Assign: Owners may assign any or all rights, interests and obligations of Owners arising under this Agreement to the Homeowners' Association for Tract 8160 and 8230 or to a successor in interest of Owners with respect to all or a portion of the Project; provided, however, that no such assignment of Owners' rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide on any assignment within ten (10) days after Owner's notice thereof, provided all necessary documents and other information are provided to the City Manager to enable the City Manager to assess the assignment. 12. Successors and Assigns: Each reference to the "City" in this Agreement shall be deemed to refer to and include the City and all successors and assigns of City. All references to the "Owner" in this Agreement shall be deemed to refer to and include Pulte Home Corporation and Dublin Crossings, LLC, and all successors and assigns, including but not limited to the Tract 8160 and 8230 Home Owner's Association. 13® Notices: Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery if delivered personally to the party to whom notice is to be given (including messenger or recognized delivery or courier service) or on the second day after mailing, if mailed to the party to whom notice is to be given, by first- class mail,postage prepaid, and properly addressed as follows: City: City of Dublin 100 Civic Plaza Dublin, California 94568 Fax No. (925) 833-6651 Attn: City Manager Owner: Pulte Home Corporation Pulte Home Corporation 6210 Stoneridge Mall Rd. 5t" Floor Pleasanton, CA 94588 (925) 249-3200 Attn. Andy Cost 14. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth in full body of this Agreement. 15. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 16. Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and cannot be amended or modified except by a written agreement, executed by each of the parties hereto. 174 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. 17) ,,, 17-A Dated this—s C) day of 2015. CITY: THE CITY OF DUBLIN, a municipal corporation By: Chris Foss City Manager OWNERS: Pulte Home Corporation By: Andy Cost Authorized Representative A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, STATE OF CALIFORNIA COUNTY OF ALAMEDA On June 30, 2015, before me, Jeanne Miller, Notary Public (here insert name and title of the officer) Personally appeared Andy Cost who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/sht executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JEANNE MILLER Commission#2106546 Notary Ub iC liforn Z Public�-California z *:CAlameda ounty )k' County > J, a!' M COMM. I es Ma 9, 019 M Comm.E Tres Ma 9,2019 Signature (Seal) 2294-00169\FORM\1224230,1 10/1/14 DUBLIN BOULE CHURCH OF CHRIST � � �' VARD (TO REMAIN) HERITAGE 1 I , ] - FRANKIE,JOHNNIE&LUIGI,TOO!._ PA TO REMAIN ..... .. a �I _I SHELL STATION (TO REMAIN) r xJ PItAARCEL C. L i'NIG0) o d' 1. 1 r PARCEL B i I ;/ lrrtncraun> 2' ,ie- 2 i/ I o uaN iPLAN 18 PLAN PLAN 2A 7 / mm PLAN 3A a i if � r I PLAN 1A � 7 ..,� PLAN O EVA I� �r. - mAO ASd 1 � I �. rL t,r & CAT E PLAN 8 2A 27 PLAN PLAN U PLA PLAN 113 2A SE BOUti ?. PLAN 1A 2 19 �, 7 .� I PLAN 4C .r �.. ]3 I O .I PLAN 3C f� PLAN 28 I 25 N I� sW.wruhm VIEat/.4L r.,i PLAN w / l PLAN 1A �1 -PLAN h , -p N I PLAN 28 I s 15 PxABP2 �. TRACT NQ,R2J0 PLAN 3A 1 24 ! 3 t 1 PLAN 1A.._ r 16 �__�PLAN 1P..._ r p PLAN 5A �� / I PLAN 1B l �I PLAN B yl ' � I I I N PLAN 1B ]'J www � �PLAN31C j � �2U � PLAN 10��ri m:PLAN 4D... �..:PLAN 1C r 22 PLAN 38. PL N 2 4 I3 PLAN 2C PLAN 1A 23 / PL _..... 12 AN 3 PLAN 2A I I PLAN 5E ],1"" 22 \.PLAN 3C I L r � \ o ° r PLAN 2A A ,H ' a I H i 6 �PLAN PLN43A I,) i Inm,a' d SOUNDWALL N 2C PLAN 4C , I � b � a � r i r ....... 9 .I. PLAN 3C PLAN 38 .` r L' 7 PLAN 5A ":.. $ iPLAN 1A , 1� hl PARCELI P 1 RACT 82 5 LEGEND: - - PROJECT BOUNDARY EXXHIBIT A ® FINAL MAP PHASE BOUNDARY MAINTENANCE ® ® ® ® ® ® - ® SOUNDWALL -- LOT LINE HERITAGE PARK FENCE LOCATIONS CITY OF DUBLIN ALAMEDA COUNTY CALIFORNIA DATE: JUNE 30, 2015 SCALE: '1"=100' HOA MAINTENANCE AREAS Carlson,Barbee (INCLUDES SOUNDWALLS) &Gib$ Inc. CIVIL ENGINEERS•SURVEYORS•PLANNERS HOA MAINTENANCE AREAS 203CAMINORAMONSURE350 (325,855-0322 WITHIN PUBLIC RIGHT OF WAY SAN RAMON.CALIFORNIA 94583 ww.chanrlg.wm Gt1209AACAGIE%HIBITSMA MAINTENANCE.MG RESOLUTION NO. — 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARK LAND DEDICATION IN-LIEU FEES FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8160, HERITAGE PARK PHASE 1 WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider of land for residential uses shall, as a Condition of 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, the Developer, Pulte Home Corporation, a Michigan Corporation, is filing Tract 8160 Final Map to develop 29 residential dwelling units on 29 lots; and WHEREAS, the Park Land requirements for the project, based on the requirements of the Municipal Code and the designated land use for Tract 8160 are 1) Dedication of 0.203 acres of Community Park Land or payment of $232,174.00 in Community Park Land In-Lieu Fees; and 2) Dedication of 0.087 acres of Neighborhood Park Land or payment of $188,790.00 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer will satisfy the Community Park Land Dedication requirement through the payment of in-lieu Park Dedication Fees; and WHEREAS, Pulte Home Corporation, a Michigan Corporation has deposited with the City of Dublin $232,174.00, which is the full amount required to satisfy the obligation for Community Park Land In-Lieu Fees for Tract 8160; and WHEREAS, Developer will satisfy the Neighborhood Park Land Dedication requirement through the payment of in-lieu Park Dedication Fees; and WHEREAS, Pulte Home Corporation, a Michigan Corporation has deposited with the City of Dublin $188,790.00, which is the full amount required to satisfy the obligation for Neighborhood Park Land In-Lieu Fees for Tract 8160; NOW, THEREFORE, BE IT RESOLVED that the payment of $232,174.00 of Community Park Land in-lieu fees and $188,790.00 in Neighborhood Park Land in-lieu fees are hereby accepted as performance of said subdivider's obligation under Subdivision Requirements in Chapter 9.28 of the Dublin Municipal Code. PASSED, APPROVED AND ADOPTED this 21st day of July, 2015, by the following vote: AYES: 1 NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2