HomeMy WebLinkAboutItem 4.09 Pulte Home Tr 8167 R1 of D*bh
rye --.. X82 STAFF REPORT CITY CLERK
t��i� File # -60
(iL � CITY COUNCIL F le 600
DATE: August 18, 2015
TO: Honorable Mayor and City Councilmembers
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FROM: Christopher L. Foss, City Manager
/ / A 7
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 for Park Land Dedication Requirements for Tract 8167,
Tribeca (Pulte Home Corporation)
Prepared by Jayson lmai, Senior Civil Engineer
EXECUTIVE SUMMARY:
Pulte Home Corporation, a Michigan Corporation, is filing a Final Map for Tract 8167 (Tribeca)
to create nine numbered parcels and 10 lettered parcels for the construction of 52 condominium
townhouse units on a 2.86 acre site. Tract 8167 is bounded on the north by Dublin Boulevard,
on the east by Campbell Lane, and on the southwest by the Iron Horse Trail. The subject site is
also known as Dublin Transit Center Site A-1.
FINANCIAL IMPACT:
Park Land dedication requirements are proposed to be satisfied with Park Land Credits held by
the Developer. Credits are being used to satisfy $449,592.00 in Community Park Land Fees
due. Credits are also being used to satisfy $222,924.00 in Neighborhood Park Land Fees due.
The developer has signed a Tract Improvement Agreement and has posted bonds to guarantee
the construction of tract improvements within Tract 8167. 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 in the table
below.
Purpose of Bond Bond Number Amount of Bond
Public & Private Improvements SNO4002530 $1,100,940.00
Faithful Performance
Public & Private Improvements SN04002530 $1,100,940.00
Labor & Materials
The developer will be responsible for all construction inspection costs related to the
improvements required for Tract 8167. 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 Dublin Boulevard and Campbell Lane and for maintaining the on-site
stormwater treatment measures constructed with this project.
Page 1 of 3 ITEM NO. 4.9
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving Final Map and Tract
Improvement Agreement for Tract 8167, Tribeca; adopt the Resolution Approving the
Agreement for Long-Term Encroachment for Landscape Features for Tract 8167, Tribeca; and,
adopt the Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication
Requirements for Tract 8167, Tribeca.
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 8167, to
subdivide Parcel 1 of Parcel Map 8275, recorded in Book 280, at Pages 71 and 72, Alameda
County Records, into nine numbered parcels (Parcels 1 through 9) and ten lettered parcels
(Parcels A-J) for the construction of nine condominium townhouse buildings containing a total of
52 three-story condominium townhouse units (Attachment 1). The Final Map for Tract 8167
dedicates public street right-of-way at the southwest corner of the intersection of Dublin
Boulevard and Campbell Lane (designated as Parcel J on the Final Map). The Final Map also
dedicates to the public Emergency Vehicle Access Easements and Public Service Easements.
The Final Map for Tract 8167 has been reviewed and found to be in conformance with the
Vesting Tentative Map and Conditions of Approval adopted by City Council Resolution 151-14
on September 2, 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 8167 provides
for the Homeowners' Association to maintain project-related landscape features within the public
right-of-way along Dublin Boulevard and Campbell Lane, including planter strips and sidewalks.
Staff has prepared a Resolution Approving the Final Map and Tract Improvement Agreement for
Tract 8167, Tribeca (Attachments 2 and 3) and a Resolution Approving the Agreement for Long-
Term Encroachment for Landscape Features for Tract 8167, Tribeca (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 has acquired Community Park Land Credits and Neighborhood Park
Land Credits from another developer. The following table shows how Pulte Home Corporation
will satisfy the park land requirements for Tract 8167:
Page 2 of 3
Dedication Fees In Lieu Pulte Home Corporation
Requirement of Dedication Compliance
Community Park Land 0.364 acres $449,592.00 Use of Credits Acquired
Neighborhood Park Land 0.156 acres $222,924.00 Use of Credits Acquired
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 for Park Land Dedication Requirements for Tract 8167, Tribeca
(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 8167
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 8167, Tribeca
3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract
8167, Tribeca
4. Resolution Approving the Agreement for Long-Term Encroachment
for Landscape Features for Tract 8167, Tribeca
5. Exhibit "A" to Resolution, Long-Term Encroachment Agreement for
Tract 8167, Tribeca
6. Resolution Accepting Park Land Dedication In-Lieu Credits for Park
Land Dedication Requirements for Tract 8167, Tribeca
Page 3 of 3
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RESOLUTION NO. - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 8167, TRIBECA
WHEREAS, the Final Map for Tract 8167, 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 8167 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
National Casualty Company in the amount of $1,100,940.00 for the public and private
improvements (Bond No. SNO4002530), conditioned upon faithful performance of said
Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by
National Casualty Company in the amount of $1,100,940.00 for the public and private
improvements (Bond No. SNO4002530), 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 8167 be and the same is
hereby approved, and that rights to the areas marked as Parcel J, Emergency Vehicle Access
Easement (EVAE) and Public Service Easement (PSE), offered for dedication to public use in
conformity with the terms of dedication be, and they are hereby accepted, subject to
improvement, and that the Clerk of this City Council is hereby directed to transmit said Map to
the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 18th day of August, 2015, by the following
vote:
AYES:
1
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 8167
�
/
This aQnamD1entisrnade and entered into this �J� day of_ 2D15. bvand
between the City DfDublin, a Municipal Corporation, hereinafter referred toae "CITY", and Pu|te
HOrD8 Corporation, aMiChigaD 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 8167, desires to improve those improvements
(hereafter"The Improvements") required by City ofDublin City Council Resolution No. 151-14,
adopted September 2. 2O14, approving a Site Development Review Permit and Vesting Tentative
Map 81O7 for the Transit Center Site A,1 Project, 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 nf the CITY, and those certain plans for said development entitled:
• Improvement Plans—D7\C ShteA-I 7i/beCe, 7iaC/8167, prepared by MacKay Q Sonnps' with
any modifications for approval bythe City Engineer
• Joint Trench Composite—Dublin Transit Center Site A-/, Tract 8167, prepared byGiaca|one
Design SeP/ioeo. with any modifications for approval by the City Engineer
• PnvutmS�8mtLi hbng—Duhlin7hansdCenherS8eA-/, pn*punadby[Siaca|one [>eeign
Services, with any modifications for approval hy the City Engineer
• Landscape Improvement Plans— Dublin Transit Center, TidbecaTiact 8/67 (Site A-Y),
prepared byR3 Studios, with any modifications for approval bythe 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; and
WHEREAS, DEVELOPER intends to satisfactorily connp|eteThe Improvements within the
time hereinafter specified, and CITY intends to accept DEyEL{]PER'soffer(s) of dedication OfThe
Improvements in consideration for DEVELOPER's satisfactory performance of the terms and
conditions Vf this Aor��rn�ntand
Agreement;
WHEREAS, CITY has determined that the portion mf The Improvements that will beaccepted
by the City as Public improvements are e public works subject to California prevailing wage
requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein oontmined, the parties agree as follows:
I. Completion Tim .
Time iSofthe essence iD this Agreement. DEVELOPER shall complete The Improvements
not later than two years following said date of execution of this Agreement. Upon completion,
DEVELOPER shall furnish CITY with a complete and reproducible set of final Record Drawings ofThe
Improvements, including any modifications made during construction.
2. Estimated Cost of Imorovements.
The estimated cost of constructing The Improvements required by this agreement are
presented in the Bond Estimate—Dublin Transit Center Site A-1, dated June 29, 2015, prepared by
MacKay QSnDnpS' and are agreed tobe as follows:
0 Tract 8167 - Public and Private Improvements $1.100.94U0
Said amount includes costs and reasonable expenses and fees which may be incurred inenforcing
the obligation secured. Said amount reflects that the Tract 8167 Improvements are currently 096
complete (bond is for 100% of the full amount). The bond estimate is attached as Exhibit,4tnthis
Agreement.
Furnished.Bonds
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the
following security in afonm satisfactory to the CITY Attorney:
Performance.Faithful Either a cash deposit, a corporate surety bond issued byecompany
duly and legally licensed to conduct a general surety business inthe State of California, oran
instrument uf credit equivalent to one hundred per cent (10096) 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").
Materials.Labor and Either a cash deposit, a corporate surety bond issued bya company
duly and legally licensed to conduct general surety business inthe State of California, orun
instrument of credit equivalent to one-hundred per cent /1OQ%\ ofthe estimate set forth inParagraph
2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons
furnishing |abmr, materials, or equipment shall be paid therefore (collectively, the "Labor and Materials
Bond"),
CITY shall be the sole |ndernDitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform with the provisions of Chapter 5mfthe Subdivision
Map Act.
3. Insurance Reguired.
Prior fmcommencing 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's general contractor(if different than
Developer) shall obtain or cause tobe Obtained and filed with the Administrative Services Q|rector, all
insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor
to commence work oO this contract or subcontract until all insurance required for DEVELOPER and
[}EVEL(]PEF1's general contractor shall have been so obtained and approved. Said insurance shall
be maintained in full force and effect until the completion of work under this Agreement and the final
acceptance thereof byCITY, All requirements herein provided shall appear either iD the body ofthe
insurance policies mras endorsements and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall beat least aa broad as:
1\ Insurance Services Office form number 8LDOO2 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GLO4O4
2
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 (E& 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 lit-nit 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(13)(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
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.
3
c) Any failure bz comply with reporting provisions of the policies shall not
affect coverage provided tnthe C|TY, its offioers, officials, employees or
volunteers.
d\ The DEVEL(]PER's insurance ahe|| apply separately to each insured
against whom o|airn is made or suit is brought, except with respect to
the limits of the insurer's liability,
2\ . The insurer shall
agree to vveiwm all rights of subrogation against the CITY' its officers, offioia|s,
employees and volunteers for losses arising from work performed by the DEVELOPER
for the CITY.
3 Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be guspended, vnided, cancelled by either
pgdv, reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified nnoi|' return receipt requemted, has been given to the CITY.
Notwithstanding the foregoing, if an endorsement that VvoV|d 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 on endorsement covering
said action or aotions, 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 suspaAded, vmided, cancelled by either party or reduced in
coverage or in |inniio.
a} . Insurance is to be placed with insurers with a
Bests' rating of no less than A: V||.
b) Verification gLCoverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this o|ause. 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 COnlnAenoes. The CITY reserves the right to [equine complete,
certified copies of all required insurance policies, at any time provided;
hovvever, that if the policies are not yet available, the City will accept
copies of the applicable binders.
o) Subcontractors. DEVELOPER and/or []EVEL(}PER^s general
contractor shall include all subcontractors as insureds under its policies
or shall obtain separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
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 [)EVEL[}PER's agents, and all supplies, materials and
devices of whatsoever nature incorporated in, or attached to the vvork, or otherwise delivered to CITY
as m part of the work pursuant to the Agreement, to be free of all defects of workmanship and
4
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 sale 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 Agai=!t.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY,
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's obligations
under this Agreement,
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any extension
thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be
adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's
.creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's
contractors, subcontractors, agents or employees should violate any of the provisions of this
5
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 (1 ) 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:
Pulte Group
Northern California Division
6210 Stoneridge Mail Road, 51' Floor
Pleasanton, CA 94588
Attn. Andy Cost, Director of Land Development
Phone No. (925) 249-4327
Email: Andy.Cost @Pulte.com
Notices required to be given to SURETY of DEVELOPER shall be addressed as follows:
Name of Surety:
Address:
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.
6
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 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.
9. Safetv 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,
10. 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,
11. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for,
and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and
court costs, which may result from the use of said patented or copyrighted material, process or
publication.
12. 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,
7
13. Li
ugti&-
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
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.
14. 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,
8
CITY OF DUBLIN
By:
City Manager
.ATTEST:
City Clerk
DEVELOPER
Pulte Home Corporation, a Michigan Corporation
Ey ..
Andy Cost
Authorized Representative
9
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 July 22, 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/sI16 executed the same in
his/he 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.
111116INI M1011�11
Col
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WITNESS my hand and official seal. ER
06546
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(Seal)
2294-00169\FORM\1224230,1
10/1/14
S$ 19748-01
JA 06-29-2015
a, TDP
e ,e M PRELIMINARY BOND ESTIMATE-CITY OF DUBLIN
DUBLIN TRANSIT CENTER SITE A-1
�� PUBLIC AND PRIVATE IMPROVEMENTS
DUBLIN, CALIFORNIA
OF
Based on Improvement Plans submitted by MacKay&Somps to the City of Dublin in June 2015.
52 units
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. GRADING AND STREETWORK
1. 25,491 SF Finish Grade street RNV $0.40 $10,200
2. 22,610 SF 3"A.C. pavement including seal coats&conforms $1.40 $31,650
1 22,610 SF 10"Class 11 Aggregate Base $1.79 $40,470
4. 2,881 SF Decorative Paving $5.00 $14,410
5. 1 EA Street Name Sign $250.00 $250
6. 1 EA Stop sign, stop bar and legend $500.00 $500
7. 1 LUMP SUM Striping/Pavement Markers $5000
8. 10 EA Traffic signs $250.00 $2,500
12. 320 LF Pavement cuts for Campbell Lane improvements $20.00 $6,400
10. 850 SF Campbell Lane paving repairs $6.00 $5 100
ESTIMATED TOTAL GRADING AND STREETWORK: $116,480
B. CONCRETE
1, 2,482 LF Concrete curb&gutter including aggregate base $16,00 $39,710
2, 18,200 SF 4"Sidewalk including aggregate base $6.50 $'118,300
3. 9 EA Curb ramp with domes $2,500.00 $22,500
ESTIMATED TOTAL CONCRETE: $180,510
C. STORM DRAIN
1. 7 EA Manhole $3,800.00 $26,600
2. 8 EA Type"A"Curb inlet $3,800.00 $30,400
3. 1 EA Type"C"Curb inlet $3,800.00 $3,800
4. 1 EA Field Inlet $2,500.00 $2,500
5. 955 LF 18" RCP Storm drain pipe $38.00 $36,290
6. 135 LF 15" RCP Storm drain pipe $35.00 $4,730
7. 85 LF 12"RCP Storm drain pipe $32.00 $2,720
8. 161 LF 8"PVC Storm drain pipe $22.00 $3,540
9. 14 LF 6"PVC Storm drain pipe $15.00 $210
10. 1 EA Diversion Structure $4,000,00 $4,000
11. 2 EA Overflow riser $2,500.00 $5,000
12. 2 EA Remove and Replace CB(including pvmt cut and $5,000.00 $10,000
trench repair)
13. 12 EA Trash Capture Filter $500.00 $6,000
ESTIMATED TOTAL STORM DRAIN: $135,790
P:\19748\Admin\estimates\19748,010 City Bond-cost Estimate 2015-08.29.xls Pg. 1
1S748-01
00-2B-2015
TDP
SITE A-1
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
D. JOINT TRENCH I ELECTRICAL/STREET LIGHT
1. 52 EA Main line joint trench ino|transformers, pull boxes, $4.500.00 $234.000
z. O EA E|eotro|iem $5.000.00 $40.000
3. 1 EA Relocate Electrolier and box $4,000.00 $4,000
ESTIMATED TOTAL ELECTRICAL WORK: $238.000
E. LANDSCAPING/MISCELLANEOUS CONSTRUCTION
1. 2.317 SOFT Bioneienbon Basin, including select soil $20.00 $46.340
2, 1.480 SF Bin-mwo|a along west edge, including select soil $20.00 *28.000
3. 670 LF Soundwa||or decorative fencing along westerly $90.00 $60.300
*. 40 E8 Street Trees $250.00 $18.000
5. BUDGET Site Landscaping/monumentadon/common area $100.000
0. 3.072 SF Lanauaping&irrigation along Dublin Blvd, ROW $4.50 *13.820
7. 120 LF 6"Irrigation sleeves $18.DO $2,160
ESTIMATED TOTAL LANDSCAPE/MISCELLANEOUS CONSTRUCTION." *282'220
SUMMARY
A GRADING AND 8TREETVVORK $118.480
B CONCRETE WORK $180.510
C STORM DRAIN WORK $135.780
D JOINT TRENCH/ELECTR|CAL/8TREETLIGHTS $238.000
E LANDSCAPE/MISCELLANEOUS CONSTRUCTION $262,220
TOTAL IMPROVEMENTS $933'000
CONTINGENCY(10%) $93'380
ENGINEERING FEES(8%) $74,840
TOTAL BOND ESTIMATE $1.100,940
NOTES
I, This estimate i*prepared o,a guide only and io subject w possible change. x has been prepared tua
standard of accuracy which,to the best of our knowledge and judgment,is sufficient to satisfy our
understanding u/the purposes or this estimate. MacKay moompo makes nv warranty,either expressed o,
implied,^s/o the accuracy o/this estimate,
Prepared»v the firm or
MAoxAv&SoMpm
evmnmam"mosmnamsoown.mo city Bond Cost Estimate m/o-0o�9,xls Pg,2
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 8167, TRIBECA
WHEREAS, a Vesting Tentative Map for Tract 8167, Tribeca was approved by City
Council Resolution No. 151-14 on September 2, 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 8167, Tribeca, attached hereto
as Exhibit "A", which will be recorded against the property concurrently with the Tract 8167
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 18th day of August, 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 ufDublin
10A Civic Plaza
Dublin,CA 94560
Fee Waivedper GC 27383
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH
TRACT 0107—DUBLIN TRANSIT CENTER SITE A-1 - TRIBECf&
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH TRACT 0|67 (''Agcoeooent'`) is made between the City o[Dublin (^'City")
and Pu1ttHome Corporation, A Michigan Corporation (^^Opazcr").
1. The subject property i»Tract 8|h7um filed iu Book oZ Maps u1
Pugoe_________, in the Official Records of the County nfAlameda, State of
California.
2. Developer ie the Owner of Tract 8|67, Dublin Transit Center Site A-1,
Idheuu("Project").
3, Owner, oa part nFthe Project, antici u1eotbec000truotimz
of Project re|uied|undmompefeo1urca (including concrete sidewalks) vvi1bio the
City's rights of ways on the Dublin.Boulevard and Campbell Lane with Tract
8l67 (the "Landscape Features"). Construction details for these Landscape
Features are shown on the Landscape Improvement Plansfor Dublin Transit
Center, Trd>ecu Tract 8/d7(Site/4-0, prepared byF<3 Studios, approved hythe
City. The scope of the improvements covered under the agreement io shown on
the attached Exhibit^'/\".
4, Owner shall apply to the City for aoencroochment
permit for work tobs performed pursuant to this Agreement. The City must grant
the encroachment permit for all work 10 iuNu|L operate and maintain the
Landscape Features improvements and all the conditions imposed by the City
must be consistent with the provisions of this Agreement. TF there iouconflict
between any provisions of this Agreement and the encroachment permit, the
provisions of this Agreement shall prevail over the conditions ofthe
encroachment permit.
l
5. Own Owner shall own all special Landscape Features. "Special
Landscape Features include but are not limited to monuments, walls, arches,
benches, bdeudoo' etc. as shown onthe Landscape Plans |imCcd above in Section
3. Owner does not own the concrete sidewalk.
6. Owner shall rnaiotuin and repair all the
Landscape Features and Landscape improvements, including all frontage
landscape plantings, irrigation, sidewalks, and street trees within the designated
ozeua, in o safe manner consistent with the approved plans tothe rcumouub|c
satisfaction of the City at its sole cost and expense, including electric power and
water cost. Owner will he responsible at its sole cost to replace mr repair any
sidewalk, Landscape Feature or Landscape Improvement damaged or removed
dnriuR the cnoio10000cc nr repair ofsewer, 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 ofthe City, Dublin Son Ramon Service District orutility
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 ofway.
7. Tf future improvements proposed hy the City conflict
with any oy the Landscape Features, the City may remove or reasonably relocate
the Landscape Feature o1 its sole cost. lf any nf the Landscape Features are
relocated, the City and Owner will execute unoodifioo1iou to this Agreement to
reflect the maintenance and operations at its new location. Provided, however, the
City is under no obligation to ro10001s any of the I.uud*cupc Features.
0. Owner shall obtain and maintain iu effect ucombined single Lizud
policy ofliability insurance not less than one million dollars ($1`000,000)
covering the Landscape Features improvements and shall name the City asan
additional insured.
9. 0vvuer ahoU 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 o c)uion is made by utbird 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 ofthe City, its agents, uootouutoze or employees.
10. The Landscape Features and the rights appurtenant thereto aoset
fbdb in this Agreement mbaU exist in perpetuity, and are appurtenant to the
Property.
11. Right to Assig : Owner may assign any orall rights, interests and obligations of
Owner arising under this Agreement iothe ffonuoovvuozs` Association for Tract
8167 or to a successor in interest of Owner with respect to all or a portion of the
2
Project; however,that no such assignment u[Owner's rights interests
and obligations under this Agreement shall occur without prior written notice to
the City and written approval hy the City Manager, which approval shall not be
uocoasonnb|yvvdbbclJ- oonddiooedordoluycd. The City Manager shall consider
and decide on any assignment within ten (10) days oDcr(}vvuer"o notice thereof,
provided all necessary documents and other information are provided tnthe City
Manager to enable the City Manager to assess the assignment.
12. Each reference to the "City`^ iu this Agreement shall he
deemed to refer to and include the City and all auooeymorm and assigns of City. All
references tothe `^{}vvuer`, in this Agreement ubmU be deemed to refer to and
inclodmPu\te lI000e Corporation, uMiubiguo Corporation, and all auoccaaora and
oomigum of9u]1cHome Corporation, a Michigan Corporation.
13. Any notices, requests, demands or other communications required nr
permitted tobe given tinder this Agreement shall boin writing and shall bo
deemed to have been duly given on the date of delivery if delivered personally to
the party to vvboul notice is to be Oirco (including oueuaeogcr or recognized
delivery or courier service) wrouthe second day after mailing, if mailed to the
party to vvbozu notice iotnhngiven, by first-class ouuil` postage prepaid, and
properly addressed uu follows:
City:
City ofDublin
lOO Civic Plaza
[)uh|io` California 94568
Fax No. (925) @33-hh5l
Attn: City Manager
[)`vooc
Puke Group
Northern California Division
02I0 S1oocridgc Mall Road, 5m Floor
Pleasanton, C/\ 94588
Attn. Andy Cost, Director of Land Development
Phone No. (925)249-4327
14. : All exhibits attached to this Agreement are incorporated be,siu as
though they were set forth in full body of this AArcerocoL
15^ Partial Invalidi . If any provision of this Agreement is held hyu court o[
competent jurisdiction to he invalid or uooufbroeuhlr, the remainder of the
Agreement shall continue in full force and effect and shall iuuo way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that inost closely approximates the
intent and economic effect of the invalid or unenforceable provision,
3
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.
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:
Pulte Home Corporation, a Michigan Corporation
By: �.........
Narne:
Title:
1809818.1
4
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 July 22, 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/she-executed the same in
his/he authorized capacity, and that by his/herT 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 Z
NotaTy Public-California
Alameda County
Es Ma 9,2019
Comm.E Ors e
Signature
(Seal)
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RESOLUTION NO. — 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING PARK LAND DEDICATION IN-LIEU CREDITS FOR
PARK LAND DEDICATION REQUIREMENTS FOR
TRACT 8167, TRIBECA
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 8167 Final Map to develop 52 condominium residential dwelling units on nine parcels;
and
WHEREAS, the Park Land requirements for the project, based on the requirements of
the Municipal Code and the designated land use for Tract 8167 are 1) Dedication of 0.364
acres of Community Park Land or payment of $449,592.00 in Community Park Land In-Lieu
Fees; and 2) Dedication of 0.156 acres of Neighborhood Park Land or payment of
$222,924.00 in Neighborhood Parkland In-Lieu Fees; and
WHEREAS, Developer has possession of credits for 0.364 acres of Community Park
Land credits, which the Developer desires to have applied to fully satisfy the Community
Park Land obligation for Tract 8167; and
WHEREAS, Developer has possession of credits for 0.156 acres of Neighborhood
Park Land credits, which the Developer desires to have applied to fully satisfy the
Neighborhood Park Land obligation for Tract 8167;
NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.364 acres
of Community Park Land Credits and the application of 0.156 acres of Neighborhood Park
Land Credits 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 18th day of August, 2015, by the following
vote:
AYES-
NOES-
ABSENT-
1
ABSTAIN:
Mayor
ATTEST:
City Clerk
2