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HomeMy WebLinkAboutItem 4.08 Dublin Ranch Subarea 3 Ph 1 or 19 82 STAFF REPORT CITY CLERK CITY COUNCIL File #600-60 DATE: June 16, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Approval of Final Map and Improvement Agreement, Approval of Agreement for Long-Term Encroachment for Landscape Features, and Acceptance of Parkland Dedication In-Lieu Credits and Dedication of Park Land for Park Land Dedication Requirements for Tract 8171, Dublin Ranch Subarea 3, Phase One (Lennar Homes of California, Inc.) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: Lennar Homes of California, Inc. is filing the Final Map for Tract 8171 (Dublin Ranch Subarea 3, Phase One) to create seventeen lettered parcels and 175 single family lots. Tract 8171 is bounded on the north by Central Parkway, on the east by Fallon Road, on the south by Dublin Boulevard, and on the west by Lockhart Street. FINANCIAL IMPACT: Park Land dedication requirements are proposed to be satisfied with a combination of Park Land Credits held by the developer and the dedication of park land. Credits are being used to satisfy $1,401,050.00 in Community Park Land Fees due. The developer is also dedicating 2.0 acres of Neighborhood Park Land to satisfy 0.525 acres of Neighborhood Park Land dedication required. The 1.475-acre difference in Neighborhood Park Land will be held as credits by the developer. The developer has signed an Improvement Agreement and has posted bonds to guarantee the construction of tract improvements associated with Tract 8171. The Performance Bond and Labor & Materials Bond amounts are for 100% of the estimated cost to construct the respective improvements. The developer has chosen to segregate the bonds based on different portions of work, in order to facilitate bond releases as the work is completed. Bond amounts are summarized in the table below. Purpose of Band Band Number- .Amount of Bond On-Site Improvements — Faithful 929607000 $3,049,663 Performance On-Site Improvements — Labor& Materials 929607000 $3,049,663 Off-Site Improvements (Central Parkway/ Fallon Road/ Temporary Sidewalk Dublin 389733S $724,367 Boulevard) — Faithful Performance Page 1 of 4 ITEM NO. 4.8 Purpose of Bons! Bond plumber - A ount of Bond Off-Site Improvements (Central Parkway/ Fallon Road/ Temporary Sidewalk Dublin 389733S $724,367 Boulevard) — Labor & Materials Off-Site Improvements (Dublin Boulevard/ 389738S $643,820 Lockhart Street) — Faithful Performance Off-Site Improvements (Dublin Boulevard/ 389738S $643,820 Lockhart Street) — Labor & Materials Fallon Road Median Islands — Faithful 389738S $398,250 Performance Fallon Road Median Islands — Labor & 389738S $398,250 Materials Class I Trail — Faithful Performance 929607001 $57,301 Class I Trail — Labor & Materials 929607001 $57,301 Storm Drain Improvements — Faithful CMS0283675 $221,580 Performance Storm Drain Improvements — Labor & CMS0283675 $221,580 Materials The developer will be responsible for all construction inspection costs related to the improvements required for Tract 8171. The Homeowners' Association will be responsible for maintaining the project-related landscape features within the public right-of-way and for maintaining stormwater treatment measures constructed with this project. All streets internal to the proposed subdivision will be privately owned and maintained by the Homeowner's Association. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving the Final Map and Tract Improvement Agreement for Tract 8171, Dublin Ranch Subarea 3, Phase One; adopt the Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8171, Dublin Ranch Subarea 3, Phase One; and adopt the Resolution Accepting Park Land Dedication In-Lieu Credits and Dedication of Park Land for Park Land Dedication Requirements for Tract 8171, Dublin Ranch Subarea 3, Phase One. a c( Submitted By Reviewed By �� Reviewed By Public Works Director Administrative Assistant City Manager Services Director DESCRIPTION: Lennar Homes of California, Inc., a California Corporation (Lennar), is filing the Final Map for Tract 8171 to create 175 single-family lots (Attachment 1). The Final Map dedicates in fee for public use street right-of-way for Fallon Road, as well as Parcel Q, a 2.00-acre Neighborhood Park. The map also creates and reserves Parcels I, J, K, L, M, N, and O as private street parcels, Parcels D, E, F, G, H, and P for common area landscaping, Parcel B for Stream Corridor purposes, and Parcel C for Open Space purposes. Parcel A will be retained by Lennar Page 2 of 4 for future development of Subarea 3 Phase Two. The Map also dedicates a Public Service Easement, Public Access Easement, Public Storm Drain Easement, Sidewalk Easement, Emergency Vehicle Access Easement, and a Traffic Signal Easement over some or all the above parcels. The Final Map has been reviewed and found to be in conformance with the Vesting Tentative Map and Conditions of Approval adopted by Planning Commission Resolution 14-20 on April 29, 2014 and City Council Resolution 66-14 on May 5, 2014. Parcel C has been configured to allow future transfer to the City in fee as a Community Park. The Developer is responsible for improvements to Central Parkway (pavement, curb and gutter, and sidewalk), Fallon Road (sidewalk and median islands), Dublin Boulevard (pavement, curb and gutter, and landscaping), and Lockhart Street (sidewalk). Frontage improvements will also include planter strip landscaping. Tract Improvements will include construction of a Class I bicycle and pedestrian trail from the Central Parkway/Lockhart Street intersection via the Parcel B Stream Corridor and Neighborhood Park south to Dublin Boulevard, and then easterly along Dublin Boulevard to the existing traffic signal at the Fallon Gateway entrance. A traffic signal will be installed at the project entry on Central Parkway, opposite the future driveway access into Phase 2 of Fallon Sports Park. The Developer has submitted an executed Improvement Agreement, together with the required Faithful Performance and Labor & Material Bonds. The Agreement for Long-Term Encroachment for Landscape Features for Tract 8171, Dublin Ranch Subarea 3, Phase One provides for the Homeowners' Association to maintain project- related landscape features within the public right-of-way along the project boundary streets, including planter strips, sidewalks, street trees and stormwater treatment measures. Staff has prepared a Resolution Approving the Final Map and Tract Improvement Agreement for Tract 8171, Dublin Ranch Subarea 3, Phase One (Attachments 2 and 3); and a Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8171, Dublin Ranch Subarea 3, Phase One (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. Lennar Homes of California, Inc. proposes to utilize existing credits to satisfy its Community Park Land dedication obligations, and will dedicate a 2.00 acre Neighborhood Park with Tract 8171 to satisfy Neighborhood Park Land dedication obligations. The following table shows how Lennar Homes of California, Inc., will satisfy the Parkland requirements for Tract 8171. Dedication Fees 1n Lieu Lennar Homes of Requirement of Dedication California, Inc: Compliance Community Park Land 1.225 acres $1,401,050.00 Use of Existing Community Park Land Credits in the Amount of$1,401,050 Neighborhood Park Land 0.525 acres $707,700.00 Dedication of 2.00 acre Neighborhood Park with Final Map for Tract 8171 Page 3 of 4 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 Credits and Dedication of Park Land for Park Land Dedication Requirements for Tract 8171, Dublin Ranch Subarea 3, Phase One (Attachment 6), which outlines the requirements and how Lennar Homes of California, Inc. 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 Lennar Homes of California, Inc. ATTACHMENTS: 1. Reduced Copy of Final Map for Tract 8171 2. Resolution Approving the Final Map and Tract Improvement Agreement for Tract 8171, Dublin Ranch Subarea 3, Phase One 3. Exhibit "A" to Resolution, Improvement Agreement for Tract 8171, Dublin Ranch Subarea 3, Phase One 4. Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8171, Dublin Ranch Subarea 3, Phase One 5. Exhibit "A" to Resolution, Long-Term Encroachment Agreement for Tract 8171, Dublin Ranch Subarea 3, Phase One 6. Accepting Park Land Dedication In-Lieu Credits and Dedication of Park Land for Park Land Dedication Requirements for Tract 8171, Dublin Ranch Subarea 3, Phase One Page 4 of 4 5 z Z — °°� — LU UZ N LU - .,_oo m oo O of Z _ - g IL N� LU - O _ LL w W W w - - - - s� _ m o - - -OZ o W - - 'a. - o - O - K d m a o °� ° F� P¢ z - - = V = W o� = o - O ° o<m w _ s a s ° U °° _° ❑ ❑ c� LL LL Iz 11 11 ZO z o<w - E- wam°� z¢ m F Wd NOIIVJ OVOd OddVaO 13 °- - ��n o 133NIS IJVHNOOI o == - - w s 133a1S NV033N - ��u E M avoa vdvrvssvl 'aa Vlla d °Q bl NVS d —_ ? 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Ills ,- --- �--- „--. ym �• �1 c I � , iii � V Q✓` \\�j M180"24 3i"Flat I O CSC(Y g 00 sl 4 34 B1 W k 3852,4-gq9 92, � / O ^6 U �x /// p�o -o -aj,o LLNO~n Ml ANNE lo 0000 1 ,pzrr � P RESOLUTION NO. - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8171, DUBLIN RANCH SUBAREA 3, PHASE ONE WHEREAS, the Final Map for Tract 8171, 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, Lennar Homes of California, Inc., has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8171 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 a bond furnished by The Continental Insurance Company in the amount of $3,049,663 for Public and Private improvements (Bond No. 929607000), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by The Continental Insurance Company in the amount of $3,049,663 for the Public and Private Improvements (Bond No. 929607000), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Developers Insurance and Indemnity Company in the amount of $724,367 for the construction of the Offsite Improvements (Central Parkway/ Fallon Road/ Temporary Sidewalk Dublin Boulevard) (Bond No. 389733S), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Developers Insurance and Indemnity Company in the amount of $724,367 for the construction of the Offsite Improvements (Central Parkway/ Fallon Road/ Temporary Sidewalk Dublin Boulevard) Improvements (Bond No.389733S ), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Developers Insurance and Indemnity Company in the amount of $643,820 for the construction of the Offsite Improvements (Dublin Boulevard/ Lockhart Street)Improvements (Bond No. 389738S), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Developers Insurance and Indemnity Company in the amount of $643,820 for the construction 1 of the Offsite Improvements (Dublin Boulevard/ Lockhart Street) (Bond No. 389738S), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Developers Insurance and Indemnity Company in the amount of $398,250 for the construction of the Fallon Road Median Improvements (Bond No. 389739S), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Developers Insurance and Indemnity Company in the amount of $398,250 for the construction of the Fallon Road Median Improvements (Bond No. 389739S), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by The Continental Insurance Company in the amount of$57,301 for the construction of the Tract 8171 Trail Improvements (Bond No. 929607001), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by The Continental Insurance Company in the amount of$57,301 for the construction of the Tract 8171 Trail Improvements (Bond No. 929607001), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by RLI Insurance Company in the amount of $221,580 for the Storm Drain Improvements (Bond No. CMS0283675), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by RLI Insurance Company in the amount of $221,580 for the construction of the Storm Drain Improvements (Bond No. CMS0283675), 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 8171 be and the same is hereby approved, and that rights to the areas marked as Fallon Road, Parcel Q (Neighborhood Park), Public Service Easement (PSE), Sidewalk Easement (SWE), Storm Drain Easement (SDE), Public Access Easement, Emergency Vehicle Access Easement (EVAE) and Traffic Signal Easement 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. 2 PASSED, APPROVED AND ADOPTED this 16th day of June, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 3 CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 8171 DUBLIN RANCH SUBAREA 3, PHASE ONE This agreement is made and entered into this th day of June, 2015, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Lennar Homes of California, Inc., A California 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. 8171, desires to improve those improvements (hereafter "The Improvements") required by Planning Commission Resolution No. 14 - 20 adopted by the Planning Commission of the City of Dublin on April 29 , 2014 and City of Dublin City Council Resolution No. 66-14 approved on May 20, 2014, approving the Site Development Review Permit and Vesting Tentative for the Project known as Dublin Ranch Subarea 3, 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- Tract 8171 - Subarea 3, April 2015, prepared by MacKay & Somps, 28 Sheets (Sheets C1-C28), approved by the City Engineer on 12015. • Joint Trench Plans- Lennar Homes, Dublin Ranch Phase 1, Central and Fallon Neighborhood 1 and 2, prepared by Giacalone Design Services, Inc, 7 Sheets (Sheets JT1- JT7), dated March 31, 2015, approved by the City Engineer on , 2015. • Streetlight Plans-Dublin Ranch Phase -Private Street Lighting, prepared by Giacalone Design Services, Inc, 6 Sheets (Sheets SL1-SL6), dated March 31, 2015, approved by the City Engineer on , 2015. • Offsite Improvement Plans- Central Parkway/Fallon Road- Subarea 3, April 2015, prepared by MacKay & Somps, 9 Sheets (Sheets C1-C9), approved by the City Engineer on , 2015. • Irongate On-Site Landscape Plans for Phase 1, Tract 8171, prepared by R3 Studios, 99 Sheets (Sheets L0.0-L4.11) approved by the City Engineer on , 2015. • Irongate Offsite Landscape Plans for Phase 1, Tract 8171, prepared by R3 Studios,18 Sheets (Sheets L0.0-L3.6), approved by the City Engineer on , 2015. • City of Dublin Central Parkway at Kelton Street Traffic Signal Installation, prepared by TJKM Transportation Consultants, 6 Sheets (Sheets TS-1-TS-6), approved by the City Engineer on , 2015. • Temporary Sidewalk, Dublin Boulevard, prepared by MacKay & Somps, 1 Sheet (Sheet Cl), approved by the City Engineer on , 2015. • Fallon Road Median Exhibit, dated April 3, 2015 • Offsite Improvement Plans, Dublin Boulevard/Lockhart Street, Subarea 3 Phase 2, April 2015, prepared by Mackay & Somps, 9 Sheets (Sheet C1-C9), dated April 7, 2015 and as may be modified prior to approval by the City Engineer. • Class I Trail Bonding Exhibit, dated March 9, 2015 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; and 1 WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, CITY has determined that the portion of The Improvements that will be accepted by the City 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. Time is of the essence in this Agreement. DEVELOPER shall complete The Improvements not later than two years following said date of execution of this Agreement unless otherwise stated below. The following improvements shall be completed to the satisfaction of the City Engineer prior to issuance of the 100th Building Permit within Tract 8171: • Frontage improvements (including sidewalk and stormwater treatment measures) along Dublin Boulevard between Lockhart Street and Fallon Road • Permanent/temporary streambed corridor trail from the Lockhart Street/ Central Parkway intersection south to the Dublin Boulevard/ Fallon Gateway entry • Permanent/temporary trail connecting the Tract 8171 Neighborhood to the streambed corridor trail • Permanent/temporary trail connecting the Tract 8171 Neighborhoods to the top of the hill on Parcel C, Tract 8171 (lookout point) • Temporary Sidewalk on the south side Dublin Boulevard from Lockhart Street to the existing driveway at the western boundary of Fallon Gateway The Developer shall, within thirty (30) days of the date of this agreement, submit improvement plans for the construction of the Fallon Road median island between Central Parkway and Dublin Boulevard. Upon completion, DEVELOPER shall furnish 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 in the following bond estimates prepared by MacKay & Somps, and are agreed to be as follows: • Preliminary Bond Estimate, City of Dublin, Subarea 3, Phase 1 — Public and Private Improvements, dated April 9, 2015 $3,049,663 2 • Preliminary Bond Estimate, City of Dublin, Subarea 3, Phase 1 —Offsite Improvements (Central Parkway/Fallon/Temporary Sidewalk Dublin Boulevard), dated March 5, 2015 $724,367 • Preliminary Bond Estimate, City of Dublin, Subarea 3, Phase 2 —Offsite Improvements (Dublin Boulevard/ Lockhart Street), dated March 30, 2012 $643,820 • Preliminary Bond Estimate, City of Dublin, Subarea 3, Phase 2 —Offsite Improvements (Fallon Road Median), dated April 6, 2015 $398,250 • Bond Estimate, City of Dublin, Trail Work, Tract 8171, dated $57,301 March 11, 2015 • Preliminary Bond Estimate, City of Dublin, Subarea 3—Storm Drain Improvements, dated November 11, 2014 $221,580 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said amount reflects that the Tract 8171 Improvements are currently 0% complete (bond is for 100% of the full amount). The bond estimates are attached as Exhibit A to this agreement. Bonds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred per cent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively, the "Faithful Performance Bond"). Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one-hundred per cent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefore (collectively, the "Labor and Materials Bond"). 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. 3. Insurance Required. Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph Prior to the commencement of work under this Agreement, DEVELOPER' general contractor (if different than Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER' general contractor shall have been so obtained and approved. Said insurance shall 3 be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$1,000,000 per accident. C. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. 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 Property Damage 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 ("GL SIR's"). The CITY hereby approves the GL SIR's. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, 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 as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special 4 limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. Notwithstanding the foregoing, if an endorsement that would provide for thirty (30) days' prior written notice prior to one or more of the above actions is not commercially available, DEVELOPER shall be excused from providing an endorsement covering said action or actions, provided that in such circumstances, DEVELOPER shall give written notice to the CITY as soon as is practicable if DEVELOPER learns that its coverage has been suspended, voided, cancelled by either party or reduced in coverage or in limits. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. 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 certify 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 provided; however, that if the policies are not yet available, the City will accept copies of the applicable binders. 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 5 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 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. 6 Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of such written notice to cure such default; provided that, if such cure cannot be 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 to completion. 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 Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: Gordon D. Jones, Vice President Lennar Homes of California, Inc., A California Corporation 6111 Bollinger Canyon Road, Suite 550 San Ramon, CA 94583 7 Notices required to be given SURETY of DEVELOPER shall be addressed as follows: Developers Insurance and Indemnity Company Indemnity Company of California PO Box 19725, Irvine, CA 92623 (940)-263-3300 The Continental Insurance Company 333 South Wabash Avenue, Floor 22 Chicago, IL 60604 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. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 8. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. 9. Acceptance of Work. Upon notice of the completion of The Improvements 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 Improvements without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements 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 or his designated agents of their completion and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. 10. Patent and Copyright Costs. 8 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. 11. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 12. 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: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. 4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment 9 is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 13. 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: City Manager ATTEST: City Clerk DEVELOPER Lennar Homes of California, Inc., A California Corporation By: Gordon D. Jones, Vice President 10 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 8171, DUBLIN RANCH SUBAREA 3, PHASE ONE WHEREAS, a Vesting Tentative Map for Tract 8171, Dublin Ranch Subarea 3, Phase One was approved by Planning Commission Resolution No. 14-20 on April 29, 2014 and City Council Resolution No. 66-14 on May 20, 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 8171, Dublin Ranch Subarea 3, Phase One, attached hereto as Exhibit "A", which will be recorded against the property concurrently with the Tract 8171 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 16th day of June, 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 of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8171 —DUBLIN RANCH SUBAREA 3, PHASE ONE THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8171 ("Agreement")is made between the City of Dublin ("City") and Lennar Homes of California, Inc., A California Corporation ("Owner"). 1. Property: The subject property is Tract 8171 as filed in Book of Maps at Pages in the Official Records of the County of Alameda, State of California. 2. Developer: Developer is the Owner of Tract 8171, Dublin Ranch Subarea 3, Phase One ("Project"). 3. Landscape Features: Owner, as part of the Project, anticipates the construction of Project related landscape features (including concrete sidewalks)within the City's rights of ways on the Central Parkway and Fallon Road, with Tract 8171 (the"Landscape Features"). Construction details for these Landscape Features are shown on the Irongate Off-site Plans for Phase 1 — Tract 8171, Dublin, CA, prepared by R3 Studios, approved by the City in June 2015. The scope of the improvements covered under the agreement is shown on the attached Exhibit"A". 4. Encroachment Permit: Owners shall apply to the City for an encroachment permit for work to be performed pursuant to this Agreement. The City must grant the encroachment permit for all work to install, operate and maintain the Landscape Features improvements and all the conditions imposed by the City must be consistent with the provisions of this Agreement. If there is a conflict between any provisions of this Agreement and the encroachment permit, the provisions of this Agreement shall prevail over the conditions of the encroachment permit. 5. Ownership: Owners shall own all special Landscape Features. "Special Landscape Features include but are not limited to monuments, walls, arches, 1 benches, irrigation, etc. as shown on the Landscape Plans listed above in Section 3. Owner does not own the concrete sidewalk. 6. Operations and Maintenance: Owner shall maintain and repair all the Landscape Features and Landscape improvements,including all frontage landscape plantings, irrigation, sidewalks, street trees and stormwater treatment measures within the designated areas, in a safe manner consistent with the approved plans to the reasonable satisfaction of the City at its sole cost and expense, including electric power and water cost. Owner will be responsible at its sole cost to replace or repair any sidewalk, Landscape Feature or Landscape Improvement damaged or removed during the maintenance or repair of sewer, water, drainage or utility improvements by the City, Dublin San Ramon Service District or utility company, unless such damage or removal is caused by the negligence, gross negligence or willful misconduct of the City, Dublin San Ramon Service District or utility company. The City will maintain at its sole cost all asphalt concrete pavement, concrete curb and gutter, drainage improvements, traffic signs and striping, and streetlights in the public right of way. 7. Removal or Relocation: If future improvements proposed by the City conflict with any of the Landscape Features, the City may remove or reasonably relocate the Landscape Feature at its sole cost. If any of the Landscape Features are relocated, the City and Owners will execute a modification to this Agreement to reflect the maintenance and operations at its new location. Provided, however, the City is under no obligation to relocate any of the Landscape Features. 8. Insurance: Owners shall obtain and maintain in effect a combined single limit policy of liability insurance not less than one million dollars ($1,000,000) covering the Landscape Features improvements and shall name the City as an additional insured. 9. Indemnification: Owners shall indemnify, defend and hold the City harmless from and against any and all loss, claims, liability damage or expense or cost the City may incur or become liable for or for which a claim is made by a third party, due to or arising out of Owner's construction, maintenance or operations of the Landscape Features unless caused by the negligence, gross negligence or willful misconduct of the City, its agents, contractors or employees. 10. Permanent: The Landscape Features and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, and are appurtenant to the Property. 11. 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 8171 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 2 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 Lennar Homes of California, Inc, a California Corporation, and all successors and assigns Lennar Homes of California, Inc, a California Corporation. 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: Lennar Homes of California, Inc., A California Corporation 6111 Bollinger Canyon Road, Suite 550 San Ramon, CA 94583 Fax No. (925) 242-0837 Attn: Michael Snoberger 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 3 be amended or modified except by a written agreement, executed by each of the parties hereto. 17. 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. Dated this day of , 2015. CITY: THE CITY OF DUBLIN, a municipal corporation By: City Manager OWNER: Lennar Homes of California, Inc., a California Corporation By: Name: Gordon D. Jones Title: Vice President 1809818.1 4 CD »A mIIVJ - -- _ \2 LU / \ \ kz§ �(2\ \ Im< /~ \ j x§§ @} \\ d } . 0 9 �( / LLJ _ \ \° } \ @ LLJ CD > _ : - > - \ � I2 - < ; < , < ( < « _ ©^^ : RESOLUTION NO. — 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARK LAND DEDICATION IN-LIEU CREDITS AND DEDICATION OF PARK LAND FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8171, DUBLIN RANCH SUBAREA 3, PHASE ONE 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, Lennar Homes of California, Inc., a California Corporation, is filing Tract 8171 Final Map to develop 175 residential dwelling units on 175 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 8171 are 1) Dedication of 1.225 acres of Community Park Land or payment of $1,401,050 in Community Park Land In-Lieu Fees; and 2) Dedication of 0.525 acres of Neighborhood Park Land or payment of $707,700 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer will satisfy the Community Park Land Dedication requirement through the use of existing Community Parkland credits in the amount of$1,401,050; and WHEREAS, Developer will satisfy the Neighborhood Park Land Dedication requirement through the dedication of a 2.00 acre Neighborhood Park within Tract 8171; NOW, THEREFORE, BE IT RESOLVED that the use of existing Community Parkland credits in the amount of $1,401,050 and dedication of 2.00 acres of Neighborhood Parkland 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 16th day of June, 2015, by the following vote: AYES- NOES- ABSENT- ABSTAIN- 1 Mayor ATTEST: City Clerk 2