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Item 4.11 Jordan Ranch Neighborhood 3
or 19 82 STAFF REPORT CITY CLERK CITY COUNCIL File #600-60 DATE: October 21, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long-Term Encroachment for Landscape Features, Approval of Stormwater Treatment Measures Maintenance Agreements, and Acceptance of Park Land Dedication In-Lieu Credits for Tract 8179, Jordan Ranch, Neighborhood 3 (Brookfield Capri, LLC) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: Brookfield Capri, LLC is filing a Final Map for Tract 8179 (Jordan Ranch, Neighborhood 3) to create 94 lots for the construction of 94 homes. Tract 8179 is bounded on the north by Sunset View Court and Panorama Court, on the east by Panorama Drive, on the south by Carbondale Way, and on the west by Sunset View Drive. 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 $752,564.00 in Community Park Land Fees and $380,136.00 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 8179. The Performance Bond and Labor & Materials Bond amounts for construction of the tract improvements are equal to 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 Faithful Performance TM5164937/015045611 $2,127,130.00 Labor & Materials TM5164937/015045611 $2,127,130.00 The developer will be responsible for all construction inspection costs related to the improvements required for Tract 8179. 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 and for maintaining the stormwater treatment measures constructed with this project. Page 1 of 3 ITEM NO. 4.11 RECOMMENDATION: Staff recommends that the City Council: 1) Adopt the Resolution Approving Final Map and Tract Improvement Agreement for Tract 8179, Jordan Ranch, Neighborhood 3; 2) Adopt the Resolution Approving Agreement for Long-Term Encroachment for Landscape Features with Tract 8179, Jordan Ranch, Neighborhood 3; 3) Adopt the Resolution Approving Stormwater Treatment Measures Maintenance Agreements with Tract 8179, Jordan Ranch, Neighborhood 3; and 4) Adopt the Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8179, Jordan Ranch, Neighborhood 3. a c( Submitted By Reviewed By 'A Reviewed By Public Works Director Administrative Assistant City Manager Services Director DESCRIPTION: Brookfield Capri, LLC is filing a Final Map for Tract 8179 to subdivide Lots 9 and 10 of Tract 8100 into 94 lots for the construction of 94 homes (Attachment 1). The Final Map for Tract 8179 also establishes private alleys and dedicates a public service easement and emergency vehicle access easement. The Final Map for Tract 8179 has been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 10-25 on May 11, 2010. 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 8179 provides for the Homeowners' Association to maintain project-related landscape features within the public rights-of-way along the project boundary streets, including planter strips, sidewalks, and street trees. The Stormwater Treatment Measures Maintenance Agreements for Tract 8179 provides for the Homeowners' Association to maintain the stormwater treatment measures constructed with this project, which include storm drain inlet inserts and bioretention ponds. Staff has prepared a Resolution Approving Final Map and Tract Improvement Agreement for Tract 8179, Jordan Ranch, Neighborhood 3 (Attachments 2 and 3); a Resolution Approving Agreement for Long-Term Encroachment for Landscape Features with Tract 8179, Jordan Ranch, Neighborhood 3 (Attachments 4 and 5); and a Resolution Approving Stormwater Treatment Measures Maintenance Agreements with Tract 8179, Jordan Ranch, Neighborhood 3 (Attachments 6, 7 and 8). 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. Page 2 of 3 Brookfield Capri, LLC has acquired Community Park Land Credits and Neighborhood Park Land Credits from another developer. The following table shows how Brookfield Capri, LLC will satisfy the park land requirements for Tract 8179: Dedication Fees In Lieu Brookfield Capri LLC Requirement of Dedication Compliance Community Park Land 0.658 acres $752,564.00 Use of Credits Acquired Neighborhood Park Land 0.282 acres $380,136.00 Use of Credits Acquired The calculation of the acreage and/or in-lieu fees required is 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 8179, Jordan Ranch, Neighborhood 3 (Attachment 9), which outlines the requirements and how Brookfield Capri, LLC 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 Brookfield Capri, LLC. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8179 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 8179, Jordan Ranch, Neighborhood 3 3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract 8179, Jordan Ranch, Neighborhood 3 4. Resolution Approving Agreement for Long-Term Encroachment for Landscape Features with Tract 8179, Jordan Ranch, Neighborhood 3 5. Exhibit "A" to Resolution, Long-Term Encroachment Agreement with Tract 8179, Jordan Ranch, Neighborhood 3 6. Resolution Approving Stormwater Treatment Measures Maintenance Agreement with Tract 8179, Jordan Ranch, Neighborhood 3 7. Exhibit "A" to Resolution, Stormwater Treatment Measures Maintenance Agreement with Tract 8179, Jordan Ranch, Neighborhood 3 (Inlet Inserts) 8. Exhibit "B" to Resolution, Stormwater Treatment Measures Maintenance Agreement with Tract 8179, Jordan Ranch, Neighborhood (General Stormwater Treatment Measures) 9. Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8179, Jordan Ranch, Neighborhood 3 Page 3 of 3 LIVERMORE s DUBLIN OWNER'S STATEMENT I pl LIFE UNDE..DU O oocI HERE BV PLATE LHAL HE s LIFE owN ER aF ALL LIFE LANDS GET NE ALEO AE EMBRACED wILH PROJECT ]III AD'LINE of THIS Fl fE MAP ENNTEET -TRACE ens, JoBEIN RANCH, c UN'I a SITE THE TRACT soul4oAF rLV of oueuN uAMEDA THAT HE CALIFORNIA`,CTHEP EP OF TWELVE(12)SN OF ID STATEMENT BEING UPON SHELL ONE(1) EARTH THEREOF THAT HE CONSENTS TIE LO THE PREPARATION AND FILING OF SAID MAP,THAT SAID MAP AN PARTICULARLY SEES FORLN AND AP - OPEC ES All THE NREALEPROPERTYYE LOTS DESCRIBED OBELOW HRISS DEDICATED C ASNAN EASEMENT FOR SPUBLIC RPURPOSES'U THE SAREAS LDESIGNAITED watW y0 _560 �o AS PUBLIC SERVICE EASEMENT"PSE'FOR CONSTRUCTION AND MAINTENANCE OF UNDERGROUND UTILITY STRUCTURES, STREET LIGHTS AND ALL RELATED APPURTENANCES THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES.THE AREAS DESIGNATED AS EMERGENCY VEHICLE ACCESS EASEMENT'EASE"FOR ACCESS OF PUBLIC SAFETY VEHICLES AND EMERGENCY a EQUIPMENT. TH REAL PROPERTY DESIGNATED AS PRIVATE ACCESS EASEMENT-RAF ARE FOR THE PURPOSE of PRIVATE VEHICLE AND e fir--o LIVERMORE PEDESTRIAN ACCESS WAYS SAID EASEMENTS ARE NOT OFFERED FOR DEDICATION TO THE PUBLIC SAID AREAS SHALL BE D l�OnnL-J OWNED AND MAINTAINED BY THE JORDAN RANCH DETACHED HOMES ONNERS ASSOCIATION- - PLEASANTON 'IALAMEDA TIE'EA'"OR E Fly DE"LATER AS P"FATE'To"D'AIN EASEMENT TPIDE AGE FBI T'E PURPOSE 0 F OIE"AND MAINTENANCE of SAID AREAS SHALL BE THERETO COUNTY AGE LIFE ResaoNSewlr OF LIFE JoreoaN RANCH oELACHER HOMES OWNERS ASS(SCIATION. VICINITY MAP THE REAL PROPERTY DESIGNATED AS"PARCEL A AND"PARCEL B'ARE RESERVED AS COMMON AREAS AND SHALL BE NST IS ACE OWNED AND MAINTAINED BY THE JORDAN RANCH DETACHED HOMES ONNERS ASSOCIATION, THE REAL PROPERTY DESIGNATED AS"DSRSD'ARE IRREVOCABLY OFFERED FOR DEDICATION l0 DUBLIN SAN RAMON SERVI CES DISTRICT(DSRSD). OR I15 DESIGNEE IN GROSS AS A SUBSURFACE EASEMENT AND SURFACE EASEMENT FOR POTABLE WATER AND RECYCLED WATER AND SANITARY SEWER PURPOSES INCLUDING ACCESS THERETO, FOR Co EST SOCTION, OPERATION,MAINTENANCE, REPAIR AND REPLACEMENT OF WORKS, IMPROVEMENTS AND STRUCTURES, AND THE CLEARING OF OBSTRUCTIONS AND VEGETATION.NO BUILDING OR STRUCTURE MAY BE PLACED ON SAID EASEMENT,NOR SHALL ANYTHING BE DONE THEREIN, NOR ACCESS RESTRICTED THERETO WHICH MAY INTERFERE WITH OWNER'S ACKNOWLEDGEMENT SUBSE S FULL ENJOYMENT OF SAID EASEMENT-SAID"DSRSD'SHALL BE ACCEPTED BY SEPARATE INSTRUMENT DSRSD OUENL TO THE FILING OF THIS FINAL MAP. STATE OF COUNTY OF THE DEAL 11OPEITY DEICI ON 201 A, BEFORE ME.______________ ,CETAN AND NS(ACRES)BTHAT GOVERN THIS SUBDIVISION AND ANY AMENDMENTS THERETO APPROVED IN ACCORDANCE A NOTARY PUBLIC,PERSONALLY APPEARED AND................------------WHO PROVED TO ME IN THE CODNTV RECORDER'S STATEMENT WITH THEIR TERMS. OF IS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)WHOSE NAM E(5)1A/ARE SUBSCRIBEA 10 THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/ FILED FOR RECORD THIS DAY OF PAR,AT M..IN BOOK THIS MAP SHOWS ALL EASEMENTS ON THE PREMISES AND/OR OF RECORD THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES).AND THAT OF MAPS Al PAGES AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY. BY HIS/HER/THEIR SIGNATURES)ON THE INSTRUMENT THE PERSON(S),OR THE ENTITY IN WITNESS WHEREOF ON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. THE UNDERSIGNED HAS EXECUTED THIS STATEMENT ON THE DAY OF .2014. FEE'. $ DOCUMENT NO, CERTIFY UNDER PENALTY of PERJURY UNDER THE LA of THE STATE of CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. PATRICK O'LONNELL OWNER BROOKFIELD CAPRI LLC,A DELAWARE LIMITED LIABILITY COMPANY COUNTY RECORDER IN AND FOR LNE WITNESS MY HAND, COUNTY OF ALAMEDA,STATE OF CALIFORNIA By BROOKFIELD BAY AREA HOLDINGS LLC.A DELAWARE LIMITED LIABILITY COMPANY FIGNATUPE BY: KEVIN POHLSON PRINT NAME:_ pE PUTV COUNTY RECORDER VICE PRESIDENT NOTARY PUBLIC IN AND FOR SAD COUNTY AND STATE MY COMMISSION NUMBER:_ My DCHIEF FINANCIAL OFFICER PRINCIPALS COUNTY POFE BUSINESS. TRACT 8179 JORDAN RANCH BFINO A SUBDIVISION OF LOTS B AND 10 AS SHOWN ON THE MAP OF TRACT 8100, FILED IN BOOK 325 OF NAPS AT BACK 24 OFFICIAL RECORDS OF ALAKEDA COBNTY CITY OF DUBLIN ALAMEDA COUNTY, CALIFORNIA RUGGERI-JENSEN-AZAR CIVIL ENGINEERS, PLANNERS, SURVEYORS P 1A APE: 985-0108-014, 015 JOB N0.081001 ocTOeex zm4 xN SELECT 1 OF 12 SEEKTS ENGINEER'S STATEMENT PLANNING MANAGER'S STATEMENT CITY CLERK'S STATEMENT THIS MAP WAS PREPARED BY ME Al UNDER MY DIRECTION,Ai THE REOUESI OF BROOKFIELD BAY AREA THIS MAP CONFORMS TO THE TENTATIVE MAP AND CORRESPONDING CONDITIONS AS APPROVED BY THE HOLDINGS LLC IT IS BASED UPON A FIELD SURVEY PERFORMED BY ME OR UNDER MY DIRECTION IN PLPN DING COMMISSION ON MAY 11,2010,THIS MAP HAS BEEN RENEWED BY ME AND THE CONDITIONS ENT T MAY 2013,IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL OF APPROVAL HAVE BEEN SATISFIED CORAC CAROLINE e 79 o F A FAN CNKO CONSISTING RADFO WELVEE I'12)S OF NEEE TS ATN 5 OSTA[MEN BEING ORDINANCE.AND IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS MAP SUBSTANTIALLY UPON SHffTATWOE(G MERE ,WAS SENTED TO SAID COUNCIL AS PROVIDED By T AP ITT ANI)'T BE NQ AT A MEETING HELD ON THE HAT ENABLE THE F SURVEY TO BE RETRACED. THE GROSS AREA WITHIN THE SUBDIVISION IS 9.3a ACRES,MORE THEREUPON APPROVE DAY O -----------------VVL AND THAT SAID CO UNCIL DID SAD MAP AND DID ACCEPT,SUBJECT TO IMPROVEMENT,ON BEHALF OR LESS JEFF BAKER GATE OF THE PUBLIC. PUBLIC SERVICE EASEMENT"PSE AND EMERGENCY VEHICLE ACCESS ASISTANT COMMUNITY DEVELOPMENT DIRECTOR EASEMENT"EVAE', SHOWN THEREUPON AS DEDICATED FOR PUBLIC USE FURTHER STATE THAT ALL AGREEMENTS AND SURETY AS REOUIRED BY LAN'TO ACCOMPANY PIER P.RUGGERI,RGE.NO,25281 DATE T HE WITHIN MAP HAVE BEEN APPROVED BY THE CITY COUNCIL OF THE CITY OF DUBLIN AND REGISTRATION EXPIRES DECEMBER 31,2015 ARE FILED IN MY OFFICE. IN WITNESS WHEREOF,I HAVE HEREUNTO SET MY HAND THIS DAY OF CAROLINE AUTO,CITY CLERK AND CLERK OF THE COUNCIL OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA,STATE OF CALIFORNIA 9E'B'2SNEFFA S STATEMENT SOIL REPORT MINED THIS MAP AND THAT THE SIBOVIAN AD IHOWN HEREDN IS A SOIL AND G7828 V YOU NI INVESTIGATION AND REPORT DATED AUGUST 17,2010 7828 SUBSTANTIALLY T HE SAME AS T TERATIONS PROJECT N0. .000.000 WPS PREPARED HV ENGEO,INC.,AND FILED WHIN THE tt OF CITY OF DUBLIN,CALIFORNIA ALPMEDA,STATE OF CALIFORNIA,DO HEREBY STATE,AS CHECKED BELOW,THAT THERE 0 F THAT A LL PRO,SOLD IF DE(SUB ACT)AND AN ORDINANCES APPLICABLE AT THE TIME OF APPROVALNOF THE TENTATIVE MAP HAVE BEEN DCOMPLIEDCWITIT FD E] AN APPROVED BOND HAS BEEN FILED WITH THE SUPERVISORS OF THE SAID COUNTY AND STATE IN THE AMOUNT OF 9 CONDITIONED FOR THE PAYMENT OF ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES WHICH ARE NOW A LIEN AGAINST SAID LAND OR ANY PART THEREOF. BUT NOT YET ANDREW RUSSELL,R.C.E.NO 61348 DATE PAYABLE,AND WAS DULY APPROVED BY SAID HOARD IN SAID AMOUNT. CITY ENGINEER,CITY OF DUBLIN LICENSE EXPIRES JUNE 30,2015 El ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS HTAX ES COUNTY HAVEF BEEN By'HE CERTIFIED PAD AD ALAMEDA IN WITNESS WHEREOF,I HAVE HEREUNTO SET MY HAND THIS DAY OF_____.2014. NOTES ANIKA CAMPBELL—BE LTON CLERK OF THE HOARD OF SUPERVISORS THIS PROPERTY IS ENCUMBERED BY THE FOLLOWING TERMS PROVISIONS AND EASEMENTS. COUNTY OF ALAMEDA 1."NOTICE OF ESTABLISHMENT OF DUBLIN RANCH EAST SIDE STORM DRAIN BENEFIT DISTRICT" STATE OF CALIFORNIA z RECORDED APRIL 30,2007 AS INSTRUMENT NO 2007-168693, ACTING CITY SURVEYOR'S STATEMENT 2"DEVELOPMENT AGREEMENT"RECORDED JULY S,2010 AS INSTRUMENT NO 201 X208466 BY: TE CH NICALLV FAE CORRECT. AVE EXAMINED THIS MAP AND AM SATISFIED THAT THIS MAP IS AND"ASSIGNMENT OF RIGHTS AND AS OF OBLIGATIONS UNDER DEVELOPMENT DEPUTY CLERK AGREEMENT" RECORDED FEBRUARY 27,2014 AS INSTRUMENT N0,2014-057730 3"MEMORANDUM OF PURCHASE AGREEMENT" RECORDED FEBRUARY 27,2014 SETH H.IRISH.PLS 5922 DATE AS INSTRUMENT N0.2014-057728 R0 ACTING CITY SU BVEYOR,CITY OF DUBLIN TRACT A/Y TP �9 I°i WT LICENSE EXPIRES DECEMBER 31,2014 4.`MERCHANT BUILDER DECLARATION FOR JORDAN RANCH' RECORDED FEBRUARY 27,2014 ll 1\AC 1 1!9 AE INSTRUMENT NO 2014-06775 JORDAN RANCH 6 =NT II ONG TERM NCROACH ENT DR LANDSCAPE FEATURES WITH TRACT 1IXP JORDAN RAN CN" RE CORDED EM ARCH 6M2014 FAS INSTRUMENT N0.2014-062928 B©NO A SUBDIVISION OF LOTS 0 AND 10 AS SHOWN ON TUBE MAP OF TRACT 8100, FILED IN B00K 825 OF MAPS AT PAGE 24 _ OFFICIAL RECORDS OF ALALIEDA COUNTY CITY OF DUBLIN ALAMEDA COUNTY, CALIFORNIA k AUGGER]—dENSEN—AZAR a CIVIL ENGINEERS, PLANNERS, SURVEYORS 8 P � ocmoeex 2514 JOB NO 081001 SHEET 2 OF 12 SHEETS RFFFRFNI... xaa \ jFi ,i Ne;�IN'Nl(3s (r) za sa,acs araa-izs M aAf N 5 OS N 1 P1/ y TRACT 0100 ego°J s,b 1 325 AW 24 PC Wl "/ e bPU 72 v£ $� Rqi�g3Y'e 71 )ip AM^ �,° a B9 70 DO P QvN 0 80 120 1B0 O 9 A� E 68 �iA9 \ Lin BOOm) 73 c§he �.e� r m ao r N t_ hoo 67 D 74 g^\ E 75 NOTES 'b `l 66 76 U @ p Es TO THE e/ m S' ¢LUH 65 77 © P4 MoNUti°EN��nIE uN�ESSSOrnERNnsE NOTED. J / / - C BASIS OF BEARINGS VR,6g,a 78 93 / " x 'C' BASIS THE BEARING NTa°sr 11°E BETWEEN MONUMENTS IN SUNSET UeEH2r s4 i i 1 vew orevE As snowN ON TRACT e,o FL E EA uAMFOR THIS MA aEc oeos os 79 92 j. of MAPS AT PAC TAAEN s AS THE BASS OF BEARINGS FOR THIS MAP, tiNw e^P¢°'e^�'7 63 l i 2 y� �a�y2, 1 o /z LEGEND a2 9 ,' °�� NOIF. ! '91 1 /At / ————— TRACT BOUNDARY LINE 0 BO `PGS n WS xew EASEMENT esouH / r 3 L 61 ON IIdS SYCEI LS ME TAE'FOR lhy LOT/PARCEL LINE i YN U1'v. i 81 ACCESS C LAIC. gp 3N A2 / MONUMENT LEE N 5 h B0 �� I I 4 Id T T LINE ,y9 eT IS nNNS B2 1 1PARC $ if ousel •A^ ____ ___ ry I HE —NEW EASEMENT LINE AS NOTED / p�. 59 A 83 r- wb M1EAq(g9 TRACT 51po — — ExsNC FASEMENT LINE AS NOTED ry 325 rN A EX SING LOT LINE P HIS", A 5 � e''w 9 � F Hron+ ac) � I &b7 OO FouNO MaNUMENT SET PER TRneT al Da , _ 84 85 86 87 B8 T NT/T Ayg 6B ��lr --T J--� 9 L 6 • DERSD DUBLIN SAN RAM ON28ERV CES DISTRICT _ V (J 31. 3�cp' y II/Al" Ag 57 \\ O LJ I 7 SIDE STORM DRAN EASEMENT OY�Y,e,T N7 56 / B - _ _ `_ _ EvAE EMERCENCr vEn cLE AccE11 EASEMENT �ti R�4i py R 9 55 54 F- 1 PSE PAE PUBLC SERVICE EASEMENT _- ----- PR VATS A"SS EASEMENT L L 1 C FARE PRVATE STORM DRAN EASEMENT a 49 13 12 11 10 9 a 7 I Ex. ExsTNc 50 l j 84 33 K^ �� PARCEL A (M-M) MONUMENT TO MONUMENT 51 'A lYrvo� 52 35 T uMOEO,L1G s ��� RADIAL N° 53 /U 32 a _aMl o mUARE EEET UE(0• x 47 /� / ¢ 3�_ (p RECORD REFERENCE 11 A G 46 A5 `, `C�g / 36 31 14 15 16 17 18 19 20 z$ ^ SHEET LIMIT x 44 / - 6 �-� O ®` SHEET NUMBER Hr '� I; 43 - 37 QQ Q a 41 / ; CW'i 30 W -- -- -- --- -- -- TRACT ��!9 40 38 1 1 Qo 29 I � __ — ---_—_— 39 0. �I 27 26 25 24 23 22 21 JORDAN RANCH h (JlJ\g 28 p BE]NO A N ON TBION OF LOTS B AND 0, l7AL ) AS SHOWN ON THE MAP OF TRACT 8100, ai�1�4-205 J _ FILED IN BOOK C 326 OF MAPS AT PACE 24 3 ° H/ b 8 N8 JV _ TT2 L7!3100 OFFICIAL RECOliOS OF ALAlAEOA COUNTY rMM r r.As�NNTee°ti jA5 M Z4 _ C]TY OF DUBLIN § M2q° 8 alTreaN3Ale IyaTP wT aeslM Xr) 8 (U ALAMEDA COUNTY, CALIFORNIA RUGGER]—JENSEN—AZAR CIVIL ENGINEERS, PLANNERS, SURVEYORS '911c,3/DD P N 1A 325 M 2S 0CTOEEE 2mt @& JOB NO 081001 SHEET 3 OF 12 SHEETS / BJ. Do / wog DoT REFfRfNCB AT AS 2A. 11F111- 1-1 V D 41 z � w sass To 0 / a e/ rt�` omV, PARCEL A N q�sro L,n, RECAR J'E, sx� K [iN em TPA c" AT / F oN �nm 20 n. e 9ry / o/ / 1T mg h m �Rp5T SOBSt C� / �C e t, i NOTES: M / e`' s5nz a 57 5J a F' ALL MONUMENT LINE DE LINES ARE AT RIGHT ANGLES TO THE F L� �� /E �� 097 MONUMENT LINE UNLESS OTHERWISE NOTED / A /F �S. y DEC.FT 56 / 1R g9 50 {V / ,Ci BASIS OF BEARINGS �s\Po� T �\\\\ 56 NEWEDRIVE AS SHOWN ONR TRACT N81 ANT FILED MONUMENTS BOOK 325 OF RACE 3/ T'ARCEl'0 AS THE Bass IFEBEARINCS FOR THIS MAP Ros,Is TAKEN LEGEND ALA''w, s 4b ', /H ���, ----- TRACT BOUNOARV LINE U 6°.�� Sp90f 3.49 5�35� N L / F\ ro h _s 00 Po> N X16 LOT/PARCE MONUMENT LINE NE E, 'ti 5 4H ��` MONUMENT TIE LINE C` 'L+ `3' g _ _ _ _ _ AS NOTED / x °°�An. AFT. 50 — — EFIGUND EASEMENTS LINE AS NOTED q �. a. 22,1- EXISING LIT LINE 6" an ��'� R'o ��\ 51 FOUND MONUMENi,5SEi PER TRACT 8100 2,1— ITAMUE G S 2281 SDFT 52 DSRSD DUBLIN SAN RAMON Sf RVICES DISTRICT w9 SEE STORM DRGN EASEMENT 29751 ASST. EVAE EMERGENCY VEHICLE ACCESS EASEMENT 53 PEE PUBLIC ERNCE ASEMENT 47 4�3 JoW RAE PRIVATESACCESS EEASEMENT z h ss PsoS PR VATS soRM oreaw EASEMENT d„�ap. I/ 3.6C2t cD�ap J o0 0. WL� (M ME MONUMENT TO MONUMENT Fn ' Co" (R) RAOiaL AC P=�am�pgE?P �TOa &% S T }A 46 ! (T) TOTAL e SOFT. SQUARE FEET a'a ya tiAF IT m W (1) RECORD REFERENCE O 45 WE �n21 ��a_�� .rte 44 06 Ov A 97 TRACT 8179 IT 43 JORDAN RANCH V 29751 A SOFT. B©NO A SUBDIVISION OF LOTS B AND 10 \ 42 m AS SHOWN ON THE MAP OF TRACT 8100, S5� \_ ` VszR/2 OFFIICIAL RECORDS OF ALANGDA BANK GI)NTY 221 'F'• Z 41 CM OF DUBLIN ALAMEDA COUNTY, CALIFORNIA 5 AUGGERI—JENSEN—AZAR WWSMPd -'fqy OT �u,ASe CIVIL ENGINEERS, PLANNERS,A SURVEYORS s*rA P OCTOBER zmn N .TO JOE N0.081001 SHEET 4 OF 12 SHEETS REFERENCE.' T \ (1) TRACT 8100-325 M 24 SEE SHEET 8 N f PARCEL A - - �. , -------------- 54 34 fr ��o -zo1i 111 / snv. / =a �'v� /Aar. 00/ im 33 AS I ENE SECE211 III CA 1 200 90HEOPOF 3,11 NOTES: /W- ALL MONUMENT TIE LINES ARE AT RIGHT AN SLES TO THE A / ( MONUMENT LINE UNLESS OTHERNnSE NOTED I 52 35 a 53 i / sa rEr i BASIS OF BEARINGS 32442 h l /o° 32 THE BEARING N38°51 11"E BETWEEN MONUMENTS IN SUNSET SO.FT m 5'/� / ."_A 5 / NEW DRIVE AS SHOWN ON TRACT 8100,FILED IN BOOK 325EN Oj V �/ // / Q'Po 'Om AS THE BASIS OF HEARINGS FOR THIS MAP. R S IS TAKEN r PARCEL S °� r A PACE za w ' l(11".AREA) G? l 0/0_AfRES i / 36 LEGEND n S TRACT BOUNDARY LINE IT E S/ \,35 ✓FPS B35�GOµ g // /l M 31 w ----------= EaWUMA NEM TIE S NOTED M ?e sr- t 1) sjo MO IEE _ 6 k y / 37 / �! ISTING EASEMENT LINE AS NOTED sa 352 EXISTING LOT LINE Q . FOUND MONUMENT,SET PER TRACT 8100 425f"LT' r 11 /P PARCEL A 30 `� STAMPED FEE 25211 ,Oa N9 col)T l l (COMMON AREA) DSRSD DUBLIN SAN RAMON SERNCES DISTRICT NOT'� //1 / / / SDE STORM DRAIN EASEMENT 41 ^ l LI l l EVAE EMERGENCY VEHICLE ACCESS EASEMENT 29352 h l l / / PEE PUBLIC ERVIEE ASEMENT 11FT 40 r / r 38 PTE PBNATE ACCESS EASEMENT A"" FE f� 2.1- / I P'L PevATE sroRM oreaw EASEMENT 99�F/, / ° / l IF11 _ EXIST NA (M-ME MONUMENT TO MONUMENT "oo ?tee/l 29 (R) RADIAL (T) TOTAL SOFT. SQUARE FEET Q,A�Y FS 2 �� (1) RECORD REFERENCE o 23 TRACT 8179 r 0. _'Cow JORDAN RANCH �,, BEING A SUBDIVISION OF LOTS B AND 10 '" /J L'>—_ _Ta rt, _ —— AS SHOWN ON THE MAP OF TRACT 8100, =oP92ESE.— FILED IN BOOK 325 OF MAPS AT PACE 24 OFFO AL RECOINS OF ALAIAEDA COUNTY C]TY OF DUBLIN 5 \\ �ReOjyD �syNJOJ 'g ALAMEDA COUNTY, CALIFORNIA Wq - _ RUGGERI-JENSEN-AZAR p)� CIVIL ENGINEERS, PLANNERS, SURVEYORS 4 SURVEYORS 1_ ,/AA P N1 OCTOBER 281 JOB AS 081001 SHEET 5 OF 12 SHEETS SEE SHEET B SEE SHEET 11 RFFFRFNatoo-3zs n+za P oR�a9 Al l 89H6---- 8___86__ M_87 88 —=I------ AAA SEE SHEET 8 ea'052w NeaPUSAw Nl E. E,osem,PAeSPmc I -__ PARCEL-� �,� XPCnJ A AS -� jcvn X hj LMe aeoi/n OSSJance I T °y h Lf NOI°29'Ce[ 550 —__J L—------- J P� / 0 20 40 00 L2 Nee°?o'S2"ry 1000' /1 —�—, t3 NOI°T9'C9[ a6.00' ___________ _______�a___1_ AS, S5 j fl j 13 I IneN eee2o n. r 92 11 34 33 „I so.rrT 9aroa m- Poi z'2d4t NOTES/ SYAFT ALL MONUMENT TIE LINES PRE Ai RIGHT ANGLES TO THE obo MONUMENT LINE UNLESS OTHERWISE NDTED l I Igo ,p1, PARCEL A ezroroo" r j "� (mvuafA-) BASIS OF BEARINGS / L2 — ------ -- -- THE BEARING N38°51 11"E BETWEEN MONUMENTS IN SUNSET NEW DRIVE AS SHOWN ON TRACT 8100.FILED IN BOOK 325 35 a"`�-2- RDS IS TAKEN / 8 32 s'n s m r AS THE EASTS of REPRINTS FOR THIS EFF R r o an 29T5i I I ^ � Ia r—- - - _- ______ l sort l IP�S LEGEND TRAIT BOUNDARY LINE / LOT/PARCEL LINE 36 / ryHi N8.95s 8o L J� 8i I/ 5050. 8 16 —— = EXISTNG EAS N w g 3052 Wa5AP w r—[a Z 3.244t = 29]5t 6 N MENT EELNE t 0 ---- W EASEMENT LNE AS NOTED -- � — ST EMENT LINE AS NOTED SLASHED IS 37 // 2M z.g 30 8 a pi IP50[ ----- DSLAS DUUBLIN SAN RRAMON2SE RPER TRACT 8T 'y -------- — STORM N SANN EASEMENT ICfS DISTRICT rZ 1 / PARCEL A -J -- / 20,umcw Pau) Q= _L_ __h a T,9]St ------ EVAE EMERGENCY VEHICLE ACCESS EASEMENT / Sb{�. W PSE PUBLIC ERVICE ASEMENT U ORISATEEACCESS EEASEMENT Nee ios2w o PsDS FR VATE soRM DRaw EASEMENT A- �EXAE k EXISDNT 3@ l — -------- —--? (M—M) MONUMENT TO MONUMENT 8e%052'W Nee°305Z' 3500 W a5.o0' 3500 PY SRST PAE PSOE i h / M - ---- -___Iv (R1 RADIAL / 09 e i Q4 (T) TOTAL / 5.936 l SOFT. SOUARE FEET l 0[ OF. { — (1) RECORD REFERENCE 8 � srw asco' i II I K. 39 / Niv 27 26 19 25 151 E o �.0,� 29/51 TRACT 8179 FI H " � JORDAN RANCH BEING A BUTTERISION OF LOTS 0 AND 10 211 A9 SHOWN ON THE MAP OF TRACT B10Q FILED IN BOOK 825 OF MAPS AT PACE 24 — ——— _ Oe M1 I OFFICIAL RECORDS OF ALANEDA COUNTY 02,',n5 — _ —o 0 - ———— —_ C]TY OF DUBLIN n 3s.aT & L-2°1snl --_ ALAMEDA COUNTY, CALIFORNIA yM F a uasyvarern al3E-Nes3osz w3zicsCl -k -- ry RUGGERI-JENSEN-AZAR aby.. z1 - 1 CIVIL ENGINEERS PLANNERS SURVEYORS 5 u ' 7 N 1 - — Nee 3o w 65'(e-T/II POLASANTON, 0CTDEER 2m4 CALSFORNIA G]RBOVDALE k%AY Y () JOB AS 081001 SHEET 8 OF 12 SHEETS 87 B8 6H PARCEL A SEE SHEET 11 6 BJ� REFERENCE ------ ---- ------- --'�----- ------Ia_--r- (1J TRACE 8100-325M 24 _N8930'S2"W°or NB33o 52"IV t SWEAD 52"W 'o DA B1E A . I22 I,ME —N— o' gJ 00' -- — R FA 35 a 42.A0 — — —-- - ------------------ eA W 6PS ED g g NT 4D 12 zo n 11 10 9 B 7 m - Sa5 C— 29>5f 51151 .R OF) SO rE SUIT OFT I NOTES: ALL MONUMENT TIE LINES ARE N RIONT ANGLES TO THE I I MONUMENT LINE UNLESS OTHERWISE LADED h° W °s' "laces^A' BASIS OF BEARINGS _ rF THE BEARING SHOWN O BETWEEN 00,FILED I IN SUNSET Snn1 A PARCEL A(CCSSFAV Ak£AJ SiT(TJ TKAGT dIDU NEW DRIVE AS SHOWN ON TRACT 8100.FILED INO 00K D25EN 350 3500 a2.c0' Nd83052 W 25 Nae3a51 25 355 14 OR R S IS TAKEN 3500 35Po xC0' h ? OF MAPS AT PAGE 24,ALAMEA COUNTY RELO ---- -------- }S.CO' q2 AS THE BASIS OF HEARINGS FOR THIS MAP -__-`-�_- a 2 h 10 o LEGEND m io W _ NE 15 ro 76 8 17 S2 18 m 19 m 3.SEOS MONUMENT TIE LINE LINE w 50 IT � 29� m soft 2,9052 — 8 $ NEW EASEMEN AS LADED sa rr mrE. snrs. V - - EXISTING EASEMEN LINE Al NOTED ExInINC LOF LINE Q FOUND MONUMENT,SET PER TRACT 8100 z i z 6 0 2 STAMPED FEE 25281 DD ED EDORL CE RAMON VEHICLE EACCESSSDISTRICT __---- ------------- ____ -.11Se"W °`---� EASEMENT --NBB%a'S2"W-- Nea40'SP'W 3500' -,-- 35co5rw a Psi mcE =EN NTT a5oa NHezoo" RAE PRIVATE ACCESS EASEMENT g PIPE --------=�°---- ---1_°_ _ A— `-__—_--_--_�_� E�IS•NC oRM DRAIN EASEMENT =�V --- - (M-M) MONUMENT TO MONUMENT --- (R1 RADIAL TOTAL EX 6'PSE( I SOFT. SQUARE FEET 8 8W6.P� -I (1) RECORD REFERENCE 8 R 81 26 E 25 8 m I S4 23 9- TRACT ��79 2.9 Si 29E5i 29E5i _ Z 5 3,21 �� ASIT SOIT SO FS Sy IT TRACE JJOO as m�� JORDAN RANCH a x 4 m I 3f.0a' EEINC A 1510N OF LOTS B AND 10 33 „ e 00' IL SHOWN N ON ON THE MAP TRACT 8100, g 3 FILED IN HOOT(825 OF MAT S AT PACE 24 OFFIC)AL RECORDS OF ALAN ALAIAEDA COUNTY ___ ——— __ — ———— —— _ I C]TY OF DUDLIN Naesose w3uas'/) - - �yoz�� °n 0 ALAMEDA COUNTY, CALIFORNIA 31w a7,veorVOlLS WAY RUGGERI-JENSEN-AZAR CIVIL ENGINEERS, PLANNERS, SURVEYORS •(f -_ P NIA esY-7f0 __—__—__—__ __ Ply � ocmoeex 2m4 OF AS 081001 SHEET I OF 12 SHEETS REFERENCE (OF SAFE,ar00-sz5 a za 79 —N— aIFF AE o 20 do NO CA I 80 1 1—reezo a xrsUa io r GO 00 1101142 33,47' 297 5F 04355 372 1 NOTES: ALL MONUMENT TIE LINES APE E AT RICHTAN GLES TO THE A-214 E 16 99' MONUMENT LINE UNLESS O 81 NOB`T908T BASIS OF BEARINGS ESP A ESP A ESP A I'll THE BEARING N38°51 11"E BETWEEN MONUMENTS IN SUNSET 21111 131111- 1 NEW DRIVE AS SHOWN ON TRACT 8100.FILED IN BOOK 325EN A AS THE BASIS OF BEARINGS FOR THIS MAP. R S IS TAKEN ^y 60 i / SEE SHEET 9 82 Al Ra'�� LEGEND e 63 ) ————— TRAIT BOUNDARY LINE LOT/PARCEL LINE 33,Y u 35W' — ___3SGO'__— __ T LINE ___________ MONUMENT� � L PARCEL A MONUMENT TIE LINE ,V6fe- 83 2 MbCNCFES) � 1 ( NEW EASEMENT LINE AS NDTED 5}A, I !—CIS �e=q� EXISTING EASEMENT LINE Al NOTED 1 1, E%ISIING LOT LINE 1 ,NTj°rs3o PARCEL El TT rPE[ W�\� 8 g O� FOUND PE MONUMENT,F 5SET PER TRACT 8100 ( ED FEE 2 281 CN ARAB ALr 84 86 G BB F 87 ti DSR9D DUBLIN SAN RAMON SERVICES DISTRICT W1 .r �' C" ED`3o 51"W 36.n' 3,2a4t g 2951 $ AS Fl [�. SIDE STORM DRAIN EASEMENT s o'ry ng CO / (e ���� \xcJ'Y ���-- —_, 'v���_ SO.rT 511F]. S�F/. '� w EVAE EMERGENCY VEHICLE ACCESS EASEMENT \\ gl 1-. r— [� —j _ '' PAEE PUBLIC ERVICE ASEMENT o ac F,p sa , AI pSt�h o N Z w PRIMATESA"ES55EASEMENT EASEMENT 14cU�>V'i I� �i FW' PsoS PACEATE�oRM Raw EASE F cre'f'�d -----— — — — - zsas vs ��\ M — --- _-- (M-M) MONUMENT TO MONUMENT =� (R) RADIAL 1 NeaM052Rl ---_-_- _- (D SE I AS SOFT. SCUARE FEET TOTAL �� � w� 80.12 (1) RECORD REFERENCE Ast i f }� ate-�evne vsr.oww,vac vmc --a1____- 5B saF* 54 l jaCa. n ��—_ M 5,0031 l ( L_ �I p5C FF w \ c = m - --- -- 111 TRACT 8179 saA --------Nee—o---='—=��-------- JORDAN RANCH NdB Sa5P W 1500 BEINC A SHOWN ON THE OF LOTS B AND 0, 34 A C e FILED INH00](X25 OF]dA0P5 AT PACE 24 13 OFFIC)AL RE!•D]m8 OF ALAlAEOA CDONTY $ 52 s,swz ssas l ( 5 ( 0.� 33 ySHF Re4 CITY OF DUBLIN ALAMEDA COUNTY, CALIFORNIA ( l ;( r P Inca 53 A, ( SSE SEE SHEET B RUGGERI—JENSEN—AZAR 35 CIVIL ENGINEERS, PLANNERS, SURVEYORS 5 PARCEL B 5 P 1A gE (roaMO,vaacA ( l N OF N0.NNMNI OCTOBER 2D1d SHEET 8 OF 12 SHEETS 0I REFERENCE. / (I) DEC,8100-325 N 24 nb Jlb / N D 20 AD 80 65 ��, c iri FnET 1 � D 'O NOTES: ALL MONUMENT TIE LINES ARE AT RICHT ANGLES NO THE 4F 64 MONUMENT LINE UNLESS OTHERWISE NOTED 6 °d/ ar_ / / BASIS OF BEARINGS THE BEARING N38°51 11"E BETWEEN MONUMENTS IN SUNSET NEW DRIVE AS SHOWN ON TRACT 8100.FILED IN BOOK 325 101 1/1yJ / 9k T as q 79 AS THE EASS of REAL ACASMEIA FOR THIS MAP.RECORDS,Is TAKEN hN S o i� i.o1o1 LEGEND ————— TRACT BOUNDARY LINE / 1 t / OV��C / //L (j9 �J /DC LOT C MO UPMENTE TILE E 11 ----------- NEW EA5EMENl LINE AS NOTED 3,0L S h 3,6121 SO FE Sp F. — — EXISTING EASEMENT LINE Al NOTED / a E%IS ING L OF LINE FOUND MONUMENT,SET PER TRACT 8100 61 ED FEE 25281 / s o L 8I bg a� DSRSD DUBLIN SAN RAMON SERVICES DISTRICT 3010 / VC'' 3,0/Of SIDE STORM DRGN EASEMENT S /pie SP CT EVAE EMERGENCY VEHICLE ACCESS EASEMENT V Z3§c- C tip@' SERVICE PAEE PRIVATE AccESS�ASEMENT EASEMENT T R PSDE PR VANE soRM RAIN EASE / e. 69 / PF"0°j 82 / (M-ME MONUMENT TO MONUMENT h� 3,0161 512FZ _ .yl PC a AST1°� (R) RADI L T TOTAL SOFT. SOUARE FEET PARCEL (1)(1) RECOao REFERENCE 59 iAj M^,g FAv..areal IF 11 ° 7"F° 83 / +5 / SOlT /p 2, of TRACT 8179 a E'"' o/ j All h JORDAN RANCH BEING A SUBDIVISION OF LOTS B AND 10 °;� AS SHOWN ON THE MAP OF TRACT 8100, / ga3o N�jyS. 66g3 —C NI L n p FILED IN BOOK 825 OF MAPS AT PAGE 24 OFFICIAL RECORDS OF ALANDRA COUNTY 58 Wos eo AE A T PsE �,' _ C]TY OF DUBLIN x c� °'`'' �a l uwonrnvuJ `� y1 L ALAMEDA COUNTY, CALIFORNIA g sq a Y'sss _ l AUGGERI-dENSEN-AZAR 56 ( CIVIL ENGINEERS, PLANNERS, SURVEYORS gE 56 54 5'BE SHE2T B P NIA EOF N0.081001 OCTOBER 201d A SHEET 9 OF 12 SHEETS D WR // REFERENCE 8100-325M24 A —N— e / pogo � G D 49? Nl / I / 0 20 40 80 ";,l T / LTA 1,o�n° 0 �? � 71 SUN+S� ,0A, 5115_ / ?aa`' NOTES: h2 o 70 �, ALL MONUMENT TIE LINES ARE AT RICHT ANGLES TO THE 8 / 322it 8 0°936„ MONUMENT LINE UNLESS OTHERNnSE NDTED VS°0p9/ SOFT, R`D°5B BASIS OF BEARINGS / 70' 69 22 ¢8 °4"gyp 'S THE BEARING NABYP 11'E BETWEEN MONUMENTS IN SUNSET 3.1P1a C3"p5 C�� NEW DRIVE AS SHOWN ON TRACT 8100.FILED IN HOOK 325 ?6d.00 AS THE BASIS OF HEARINGS FOR THIS MAP RECORDS,IS TAKEN 22�°! AT PAGE 2a NT / ti0 .^ oBfi p0�9• O�p04 B9 N 0°'012 j68 1t POSE �.L yry?05e18 a1 / 4R % �$ so,�. c`03MA' LEGEND TRACT BOUNDARY LINE �. R`o5p0 Eq LoT/PaecEL uNE 67 MONUMENT Cl•.(il /aY Z'g's,P LO!) % °6��V°/ �pEAP pSO A�436 7( _---------= EXISTEA EM'TN'LNE AS NOTED �'� 75 — NG EASEMENT uNE AS NoEo i 0 661 S ag KUHyA ° s't F�l 00 Q FOUND MONUMENT SET PER TRACT 8100 STAMPED FEE 25281 -O, 76 °WOD'1 DSRSD DUBLIN SAN RAMON SERVICES DISTRICT 615 / f•.OS�, 3,332 D o`�'q1� SIDE STORM DRGN EASEMENT C Z°sg2 O v SO r/. • ,�;M1/.y,'Fsq, l P / i EVAE EMERGE PC V VEHICLE EACCESS EASEMENT `i VICE p0 RAE T �', f- G0� �M1. �� 5•q 081 / W°},p5 p4 R PRIVATE ACCESS EEASEMENT N^P 5V° 65 i o)'A�V4o pNAa�/i 77 D��2& N2 PIPE PRVAE STORM DRAIN EASEMENT �Ti' o"�` i 33321 69S _ EM IS Nc 33]Dt (M-M) MONUMENT TO MONUMENT C 3e (R) RADIAL ZRP, ,, s£J S. SY]iFT. TOA FEET 9 o�.. 00 A n' �i c�i 378 � jp5 (1) RECORD REFERENCE 9 SJF/ 'E°g9 M1 o�� L A 1 z� s. - TRACT 8179 ! 79 e9. JORDAN RANCH a i 3,6651 0 o PARCEL A B©NC A SuSDlNSIOx OF Loas e AND 10 h SblT 1"p�V° (roMMav AFCn) AS SHOWN ON THE MAP OF TRACT 8100, S� ✓i s FILED IN BOOK 825 OF NAFS AT PANE 24 OFFICIAL RECORDS OF ALANDRA COUNTY CITY OF DUBLIN ,y o ALAMEDA COUNTY, CALIFORNIA L 3�e, RUGGERI—JENSEN—AZAR BS L '�A0 CIVIL ENGINEERS, PLANNERS, SURVEYORS JOB N0.081001 P CALSFERNIA OCTOBER 201 4 SHEET 10 OF 12 SHEETS REFERENCE EC) STOP,8100-325 b AT o f 83 mmrv'ae"c / L z I macrons°w I J J 1 L "�➢,. /L o L i ON HE SO OF- t e oT �� � �s�/eso tiEw A�f/ 3.15ai l L�000. `/ L ?Ix oT 1 E�C ERIC /\-a y % 1 ncn eo 20[L C5 1 n / "M tii Sgt PC ra•rs. a l ee�, 1 I I I °T' ro�6 NOTES: Tb2,a� of l�W I a e 0 ALL MONUMENT TIE LINES APEFAT RICHTEAN GLES TO THE _� oD'>x' � �o MONUMENT LINE UNLESS THE wlsE NoT D oe°j BASIS OF BEARINGS SO f7. I A-gA a I I 3 / / THE BEARING N38°51 11"E BETWEEN MONUMENTS IN SUNSET NEW DRIVE AS SHOWN ON TRACT 8100.FILED IN BOOK 325 PARCEL A IV_ I Tv1t I T Icrn✓uon'aacA) I ,v�exE}s-ACP esoo i IS° I j ASS V n As THE BASS RAISE 14, TOF THIS MAP. FDS,IS TAKEN I I h l I l NAPIER,, a ," LEGEND 90 _ I / ----- TRACT BOUNDARY LINE LU S I of O AT SOLE nao�$°o I I 4 ' A/ 0 3.502 ��I�5,1 SSIT - m MONUMENT TIE LINE Y>"µiRl B@cp' ITO SC 8 T T 91yz NEW EPSEMEN LINE As HOLES Na23�i�'WipJ iTp�. A ElGLNG EASEMENT LI NE AS NOTED ml I "I+YaJ BfiFp' I / ECOUING LOT LINE B1°1z I OO FOUND MONUMENT,SET PER TRACT 8100 I ID I PARCEL A I RE PAkCEL,A, STAMPED FEE 252B1 J / (CaNMCN AFCA) o a 8 DSRSD DUBLIN SAN RAMON SERVICES DISTRICT 'JET- Y omI� RL1CT GRE VE STOP MDRGNEASEMENT �3oszw r wp as Y i RAE Prev me zEb'.33(E) ols I � I ��R I C25 M 2d EASEMENT Iv U o ¢g )e40o a X12 / (TAM) MONUMENT GN SPORTS EA ACCESS su VEHICLE _____ Bsn' sBm' sa n' I F I EASEMENT M orz d r� PIPE DRAIN EASEMENT 1. TENT TO MONUMENT I? h O.Gb 930'n'W BSGp' J .CO S(11T. SEC R ARE FEET RECORD REFERENCE 86 B7 BB 89 s�Al'00 W zeTSL � U 29IT _ PETIT F- Si1F/. SO F/. a IF IC BPY(') w — 1 1 e WHP T =� TRACT 8179 --- m. + + a. g I , _ _ � JORDAN RANCH AS__ _ ___ ___ BE]NC A SHOWN ON THE OF LOTS B AND 0,CT --�d-- -------- ------- -_�a_---- > G FILED INBOOK 325 OF MAOPS AT FACE 24 � r �a w g '- --a------ ---.., OFFIC]AL RECORDS OF ALAL1E➢A COUNTY �a�asz3DPZN �e�HSZ �aD ��a�PZ�N o DEFY OF DINEEN A �HT� �DszNea� a '• 8 cvAC vs_,Rsresv.vac,vmc �' ALAMEDA COUNTY CALIFORNIA E g o � -------- RUGGER]-dENSEN-AZAR 73 IS ___ ________ _______ -- ___ ra � 77 10 g -----� � CIVIL ENGINEERS, PLANNERS, SURVEYORS SEE SHEET 6 9 7 P A IA OCTOBER 2O1d SEE SHEET 7 N JOB AS NNMNI SHEET 11 OF 12 SHEETS w okN� REFERENCE Ug54 �q3 I (I) ]RACE 8100-325 M 2d 20 4o ON qEK TO zP �s T A TV IN rn�� 1 nce FE [t p05 20 SsM, cx S V - A ,,,,'11 NOTES: / T'e'll 72 ;E\\ V. \ \ ALL MONUMENT TIE LINES OAPERAT RICHT ANGLES TO THE 5069t `g MONUMENT LINE UNLESS THE NnSE NOTED g Wm \ B BASIS OF BEARINGS Taacr el�� JpFg1 ^'° TepU RAC M?4 THE BEARING N38°51 11"E BETWEEN MONUMENTS IN SUNSET \� NEW DRIVE AS SHOWN ON TRACT 8100.FILED IN BOOK 325 RDS IS TAKEN 70 \ yo QP8' AS THE EASS ATEEEARINCS FOR THIS MAP. i �,49 31 LEGEND TRAIT B/\ MONUMERNi NDN NENEINE D C 5 'S65F/o' \ pJS \ ---- -- NEW AS NOTED EXS NG ECSEMEN LINE Al NOTED 73 \ \ Ex TNO LOT LINE jooe. \ QUO B91 S 11 \ 8�\�� �\ QQ FOUND MONUMENT,5 SET PER TRACT 8100 74 \ \ DSRSD DUBLIN SAN RAMONCSf RVICES DISTRICT o - 3,lfBi 4 W(N/ \ \ STORM DRAIN EASEMENT 09 N.FI, y fi \ K P EVAE EMERGENCY VEHICLE ACCESS EASEMENT AM / Q qeo\ PSE 76 O/m3 g gx' -,R Pea PRIVATE ncrFL EASEMENT �A A� Q/p PSDE PRVATE soRM DRAIN EASEMENT �q (MOM) MONUMENT TO MONUMENT EFE y°S°P8 O6°09�5 \ (R) RADIAL " AV, CT) E H v 20 d/A0 BA e IGJAL SO FT SOVARE FEET 3900E x6P{` )\/ >e�\ (1) RECORD REFERENCE C IT /\ al✓.c dVry /- \ N PARCEL A 'a�3a / /y aSnA�oK / ��'� M/ �'�oA %;�o��°a��; TRACT 8179 JORDAN RANCH /v9 g3 / QQW/ / \ (1J• BEING A SUBDIVISION OF LOTS B AND 10 A / 1.1 41 / / /° \ AS SHOWN ON THE MAP OF TRACT 8100, e / AS 11 / /'KOO �4/ / 1 \ p a Po' 3 FILED IN BOOK 825 OF MAPS AT PACE 24 Tom-/�' OFFICIAL RECORDS OF ALANSDA COUNTY o / srxa -rz CITY OF DUBLIN PscN HTVS'oE'wrel "/� 3 / os / sKO sPS�(11 N AW /V ALAMEDA COUNTY, CALIFORNIA 14O M / / / J .v�KE, >r N[w e'vmcq RUGGERI-IENSEN-AZAR 92 / / ",o Ll /s`°s' CIVIL ENGINP EERS, PLANNERS, SURVEYORS �Ah SEE d�l /L 2 m o A w "St1E'E�'11 /O ,, 0)1/}lam,oB No.NNMNI O ory CT ELF 2ENDL SHEET 12 of 12 SHEETS RESOLUTION NO. - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8179, JORDAN RANCH, NEIGHBORHOOD 3 WHEREAS, the Final Map for Tract 8179, 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, Brookfield Capri, LLC, a Delaware Limited Liability Company, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8179 to construct required subdivision improvements in accordance with the Conditions of Approval for the Tentative Map and the improvement plans attached thereto; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Liberty Mutual Insurance Company in the amount of $2,127,310.00 for the site improvements (Bond No. TM5164937/015045611), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Liberty Mutual Insurance Company in the amount of $2,127,310.00 for the site improvements (Bond No. TM5164937/015045611), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; NOW, THEREFORE, BE IT RESOLVED that said 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 8179 be and the same is hereby approved, and that rights to the areas marked as Public Service Easement (PSE), and Emergency Vehicle Access Easement (EVAE), offered for dedication 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 21st day of October, 2014, by the following vote: AYES: 1 NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2 CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 8179 This agreement is made and entered into this 21st day of October, 2014, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Brookfield Capri LLC, A Delaware Limited Liability Company, 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. 8179, desires to improve those improvements (hereafter"The Improvements") required by City of Dublin Planning Commission Resolution No. 10-25 adopted on May 11, 2010 for Tract 8024 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 8179— Capri at Jordan Ranch, prepared by Ruggeri-Jensen-Azar and signed by the City Engineer • Joint Trench Composite— Capri at Jordan Ranch— Tract 8179, prepared by Giacalone Design, with any modifications for approval by the City Engineer. • Private Lighting Plan— Capri at Jordan Ranch— Tract 8179, prepared by Giacalone Design, with any modification for approval by the City Engineer • Landscape Plans— Capri at Jordan Ranch Townhomes- Tracts 8179, prepared by Gates & Associates, with any modifications for approval by the City Engineer and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of 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. DEVELOPER shall complete said work not later than two years following said date of execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish 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. 1 The estimated cost of constructing The Improvements required by this agreement are presented in the Bond Estimate - Tract 8979—Jordan Ranch— Capri Improvements, dated September 23, 2014, prepared by Ruggeri-Jensen-Azar, and are agreed to be as follows: • Tract 8179 Site Improvements $2,127,310.00 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said amount reflects that the Tract 8179 Improvements are currently 0% complete (bond is for 100% of the full amount). The bond estimate is 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's 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's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. 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 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 (Ed. 1178) 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 Coveraqes. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; 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 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 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 4 devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 5. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its City Engineer and designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 6. Agreement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY. 7. Abandonment of Work. Neither DEVELOPER nor any of 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 5 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: Brookfield Capri LLC, A Delaware Limited Liability Company 500 La Gonda Way, Suite 100 Danville, CA 94526 Attn. Kevin Pohlson, Vice President Land & Planning Phone No. (925) 743-8000 Notices required to be given surety of DEVELOPER shall be addressed as follows: Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted 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. 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. 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. 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 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. 8 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 Brookfield Capri LLC, A Delaware Limited Liability Company By: Kevin Pohlson Authorized Representative GAIDEVELOPMENT,PRIVATEWordan Ranch-Brookfield-Capri N3-Tr 8179-FCN 0310051AgreernentOract Improvement Agreement-Tract 8179,doc ACKNOWLEDGMENT State of: California County of: Contra Costa On 6(10)-e'r '("L a before me, Yvonne M. Craves, Notary Public I (name and title of the officer) personally appeared Kevin Pohlson who proved to me on the basis of satisfactory evidence to be the person N whose name N, is/are subscribed to the within instrument and acknowledged to me that he/&N4"executed the same in his/her/their authorized capacity and that by his/4e-Ok4 signature{- on the instrument the personN-, or the entity upon behalf of which the person{s-}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 YVONNE M. CRAVES Cornonission # 2014324 Notawn Public -California zZ Z Z Contra Costa County Nly Conrim,Expires Mar 26,'20t 7 (seal) Sig at re of Notary Public PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS TRACT 8179-JORDAN RANCH-CAPRI IMPROVEMENTS DUBLIN, CALIFORNIA September 23,2014 (Bond Estimate) .fob No.081001BF1 SUMMARY ON-SITE IMPROVEMENTS A. SITE WORK $70,500 B. ASPHALT PAVING $259,800 C. CONCRETE $211,250 D. STORM DRAIN $254,520 E. MISCELLANEOUS $1,006,940 SUBTOTAL = $1,802,810 10%CONSTRUCTION CONTINGENCY = $180,280 8% ENGINEERING CONTINGENCY = $144,220 TOTAL ESTIMATED ON-SITE CONSTRUCTION COST= $27127,310 Notes: 1. All cost figures are given as estimates only. Actual cost will be dependent on the cost figures at bidding time; the general market situation, contractor's work load, seasonal factor, labor and cost,etc. This engineering firm cannot be responsible for fluctuations in cost factors. 2. This engineer's opinion is based on the Improvement Plans-Tract 8179 Jordan Ranch-Capri Collection, prepared by Ruggeri-Jensen-Azar, dated September 18,2014. 3. This engineer's opinion does not include any agency fees. 4. The landscape quantities provided by Gates&Associates are preliminary and subject to change. 5. The joint trench quantities are preliminary and subject to change., G�AdminUabs-0810810011Eslima1s3\6ondlPhss 4lTRACS 8179.x13 Page 1 of 2 4690 CHABO T DRIVE, SUITE 200, PLEASAiNITON,CA 94588 T:(925) 227-9100/F: (925)227-9300/ r.rw�,t rja gps ca1� PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS TRACT 8179-JORDAN RANCH-CAPRI tft PROVEMENTS DUBLIN, CALIFORNIA September 23,2014 (Bond Estimate) Job No. 0810016F1 ITEM � DESCRIPTION QUANTITY UNIT PRICE AMOUNT ON-SITE IMPROVEMENTS A. SITE WORK 1. Pad Fine Grading 94 EA $750.00 $70,500 SUBTOTAL= $70,500 B. ASPHALT PAVING 1. Fine Grading(BC to BC) 60,800 SF $0.35 $21,280 2. AC Paving(3"AC/8"AB) 52,960 SF $450 $238,320 SUBTOTAL= $259,600 C. CONCRETE 1. 5"Vertical Curb 870 LF $15.00 $13,050 2. 4"Rolled Curb&Gutter 2,640 LF $15.00 $39,600 3. 6" Flush Curb 1,740 LF $15.00 $26,100 4. Sidewalks 22,300 SF $5.00 $111,500 5. Curb Ramps 7 EA $3,000.00 $21,000 SUBTOTAL= $211,254 D. STORM DRAIN 1. 4"Storm Drain 500 LF $15.00 $7,500 2. 6"Storm Drain 2,100 LF $20.00 $42,000 3. 8"Storm Drain 1,200 LF $25.00 $30,000 4. 12"Storm Drain 2,109 LF $35.00 $73,820 5. Area Drains 210 EA $200.00 $42,000 6. Bubble Up Drains 2 EA $500.00 $1,000 7. Central Precast CK Inlet 16 EA $2,000.00 $32,000 8. Storm Drain Manhole 2 EA $4,000.00 $8,000 9. Inlet Trash Inserts 16 EA $200.00 $3,200 10. Connect to Existing Storm Drain 5 EA $3,000.00 $15,000 - SUBTOTAL= $254,520 E. MISCELLANEOUS 1. Landscaping/Irrigation 113,250 SF $5.00 $566,250 2. Joint Trench Main Lines 2,920 LF $100.00 $292,000 3. Joint Trench Service Lines 1,630 LF $75.00 $122,250 4. Signing&Striping 1 LS $5,000.00 $5,000 5. Bio-Retention 572 SF $20.00 $11,440 S. Erosion Control 1 LS $10,000.00 $10,000 SUBTOTAL= $1,006,949 c:va mmuobso9�oatoollEsttmalesk8ontlWtase4%TRACre178xis Page 2 oft RESOLUTION NO. - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT FOR LONG-TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8179, JORDAN RANCH, NEIGHBORHOOD 3 WHEREAS, a Vesting Tentative Map for Tract 8024 — Jordan Ranch was approved by Planning Commission Resolution No. 10-25 on May 11, 2010, 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 8179, Jordan Ranch, Neighborhood 3, attached hereto as Exhibit "A", which will be recorded against the property concurrently with the Tract 8179 Final Map; NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 21st day of October, 2014, 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 8179, JORDAN RANCH—UNIT II—NEIGHBORHOOD 3 THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8179 ("Agreement") is made between the City of Dublin(66City") and Brookfield Capri LLC, A Delaware Limited Liability Company ("Owner"). 1. Property: The subject property is Tract 8179 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 8179, Jordan Ranch("Project"). 3. Landscape Features: Owner, as part of the Project, anticipates the construction of Project related landscape features within the City's rights of ways on the following streets with Tract 8179; Carbondale Way, Panorama Drive, Panorama Court, Sunset View Court, and Sunset View Drive (collectively, the "Landscape Features"). Construction details for these Landscape Features are shown on the Landscape Plans for Capri at Jordan Ranch, Tract 8179,prepared by Gates & Associates, approved by the City. 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 encroacl-inent 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, including but not limited to sidewalk,plantings, irrigation, street trees, etc. 1 6. Operations and Maintenance: Owners shall maintain and repair all the Landscape improvements, including all frontage landscape plantings, irrigation, sidewalks, and street trees 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 Landscape Feature 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 8179 or to a successor in interest of Owners with respect to all or a portion of the Project; provided, however,that no such assignment of Owners' rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide on any assignment within ten(10) days after Owner's notice 2 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 Brookfield Capri LLC, A Delaware Limited Liability Company, and all successors and assigns Brookfield Capri LLC,A Delaware Limited Liability Company. 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: Brookfield Capri LLC 500 La Gonda Way, Suite 100 Danville, CA 94526 Attn. Kevin Pohlson, Vice President Land&Planning Phone No. (925) 743-8000 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. 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 2014. CITY: THE CITY OF DUBLIN, a municipal corporation By: City Manager OWNER: Brookfield Capri LLC, A Delaware Limited Liability Company By: Name: C' Title: V C—fr. 00/%-4ft.SZ.,Oeor 1809818.1 4 Niy W LU w TcC, E:l v L L) Lr-` 4.) W @ _i c c`\ m n � h m I w � � N cn \ c Lr I.l) / t ACKNOWLEDGMENT State of: California County of: Contra Costa On LJz1b-cr 21, �O/Y before me, Yvonne M. Craves, Notary Public (name and title of the officer) personally appeared Kevin PohIson .............. who proved to me on the basis of satisfactory evidence to be the person W whose names)is/af:e subscribed to the within instrument and acknowledged to me that he/&I4ejth-ey executed the same in histhe-rlftair authorized capacity{es-} and that by his/ 44&signatureN on the instrument the person(s� or the entity upon behalf of which the personks)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 YVONNE M. CRAVES it commission # 2014324 Notary Public - Cafifornia zz Z Z Contra costa county My Comm.Expires Mar 2S,2017 84' a'u4eo (seal) Sign re of Notary Public RESOLUTION NO. - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENTS WITH TRACT 8179, JORDAN RANCH, NEIGHBORHOOD 3 WHEREAS, a Vesting Tentative Tract Map for Tract 8024 — Jordan Ranch was approved by Planning Commission Resolution No. 10-25 on May 11, 2010, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project- related stormwater treatment measures with this project; and WHEREAS, said Conditions of Approval required the developer to enter into a "Stormwater Treatment Measures Maintenance Agreement" for the maintenance of the stormwater treatment measures; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct required tract improvements, including stormwater treatment measures; and WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater Treatment Measures Maintenance Agreement (inlet inserts only) with Tract 8179, Jordan Ranch, Neighborhood 3, attached hereto as Exhibit "A," which will be recorded against the property concurrently with the Tract 8179 Final Map; and WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater Treatment Measures Maintenance Agreement (general stormwater treatment measures) with Tract 8179, Jordan Ranch, Neighborhood 3, attached hereto as Exhibit "B," which will be recorded against the property concurrently with the Tract 8179 Final Map; NOW, THEREFORE, BE IT RESOLVED that said Agreements are hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreements. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreements to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 21st day of October, 2014. AYES- NOES- ABSENT- ABSTAIN: ATTEST: Mayor City Clerk RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail Ton Martha Aja Environmental Services City of Dublin- 100 Civic Plaza Dublin, CA 94568 Fee Waived per GO 27383 Space above this line for Recorder's use _. STORM WATER TREATMENT MEASURES MAINTENANCE AGREEMENT This Stormwater Treatment Measures Maintenance Agreement ("Agreement") is entered into this October 21, 2014 2014, by and between the City of Dublin ("City") and y a property owner of real property described in Exhibit A of this Agreement ("Property Owner'), RECITALS A. On October 14, 2009, the Regional Water Quality Control Board, San Francisco Bay Region, adopted Order R2-2009-0074, CAS61008, issuing the Municipal Regional Stormwater NPDES permit ("MRP") for the San Francisco Bay Region; and B. The City is a permittee of the MRP; and C. Provision C.3.h of the MRP requires the City to implement an Operation and Maintenance Verification Program ("Program") for storrrmwater treatment systems, which are defined as "any engineered system designed to remove pollutants from stormwater runoff by settling, filtration, biological degradation, plant uptake, media absorptionladsorption or other physical, biological or chemical process," and "includes landscape-based systems such as grassy swales and bioretention units as well as proprietary systems" (MRP, pg, 133). As part of this program, the City is required to ensure that all installed stormwater treatment systems or measures are adequately operated and maintained by entities responsible for such stormwater treatment systems or measures, such as the Property Owner, and D. The ,. Property Owner, is the owner, of real property commonly known as Capri at Jordan Ranch -Tract 8179 (the "Property„), which is more particularly described in Exhibit A, upon which stormwater treatment measure(s) are to be constructed or located, operated and maintained; and E. The stormwater treatment measure(s) are more particularly described in Exhibit B — Stormwater Management Site Plan and the full scale project plans entitled Improvmnt Plans Tr 8179 , and prepared by F�u�geri-JensenwAzar _—_._...—, are on file with the Public Works Department of the City; and Page 1 of 9 F. The City is the permittee public agency with jurisdiction over the Property. G. The Property Owner, its administrators, co-owners; executors, successors, heirs, assigns or any other persons, including any homeowners association (collectively hereinafter referred to as "Property Owner") recognizes that the stormwater treatment measure(s) must be installed and.maintained on the Property as indicated in this Agreement and as required by the MRP; and H. The City and the Property Owner agree that the health, safety and welfare of the citizens of the City, together with the provisions of Dublin Municipal Code Chapter 7.74 and other applicable City guidelines, require that the stormwater treatment measure(s) detailed in Exhibit B are to be constructed, operated and maintained on the Property by the Property Owner; and 1. The Property Owner accepts the responsibility for constructing, operating, and maintaining the stormwater treatment measure(s) on the Property. NOW, THEREFORE, with reference to the above recitals and in consideration of the mutual promises, obligations, and covenants herein, the Property Owner agrees as follows: SECTION 1: CONSTRUCTION OF TREATMENT MEASURES The on-site stormwater treatment measure(s) described in Exhibit B shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the development and any other requirements thereto which have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other written direction. SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY This Agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another entity. SECTION 3: MAINTENANCE OF TREATMENT MEASURES The Property Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness, and shall, at its sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the Treatment Measure Maintenance Schedule, attached as Exhibit C — Inspection Report: This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as Well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that. these facilities continue to operate as originally designed and approved. The Inspection Report shall include a detailed description of and schedule for long-term maintenance activities. Page 2 of 9 SECTION 4: SEDIMENT MANAGEMENT The Property Owner shall manage sediment accumulation resulting from the normal opera.tion of the stormwater treatment measures) appropriately. The Property Owner shall provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the Inspection Report. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, state and local law and regulations. SECTION 5: ANNUAL INSPECTION AND REPORT The Property Owner shall maintain all the inlet filters installed on the property. The inlet filters are required to be serviced by a third party company a minimum of three times per seasonal cycle. Additional information on the required maintenance of the inlet filters in included in Exhibit C. Maintenance records provided to the,Property Owner by the third party company shall be submitted to the City in order to verify that the maintenance of the inlet filters have been conducted pursuant to this agreement. The maintenance records shall be submitted no later than December 31 of each year, under penalty of perjury, to the City of Dublin NPDES Coordinator at the City of Dublin, 100 Civic Plaza, Dublin CA, 94568 or another member of the City staff as directed by the City. The maintenance records shall include the volume of all accumulated sediment removed from the inlet filter. SECTION 6: NECESSARY CHANGES AND MODIFICATIONS At its sole expense, the Property Owner shall make any changes or modifications to the stormwater treatment measure(s) as the City may determine to be reasonably necessary to ensure that the treatment measures are properly maintained and continue to operate as originally designed and approved. SECTION 7: ACCESS TO THE PROPERTY The Property Owner hereby grants permission to the City; the San Francisco Bay Regional Water Quality Control Board (RWQCB); the Alameda County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees(hereinafter"Agencies")to enter upon the Property at reasonable times and in a reasonable manner to inspect; assess or observe the stormwater treatment measure(s) in order to ensure that treatment measures are being properly operated and maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when the Agency of Agencies has/have a reasonable basis to believe that a violation of this Agreement, the City's Stormwater Management Program, guidelines, criteria, or the MRP, and any amendments or re-issuances of this permit, is occurring, has occurred or threatens to occur. The above listed Agencies also have a right to enter the Property when necessary for abatement of.a public nuisance or correction of a violation of the Inspection Report criteria. Whenever possible, the Agencies shall provide reasonable notice, delivered pursuant to Section 9 of this Agreement, to the Property Owner before entering the property. SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved Site Plan or comparable document in good working order acceptable to the City and in accordance with the Inspection Report, Page 3 of 9 incorporated in the Agreement, the City, and its authorized agents and employees with reasonable notice, delivered pursuant to Section 9 of this Agreement, may enter the Property and take whatever steps it deems necessary and appropriate to return the treatment measure(s) to good working order. Such notice will not be necessary if emergency conditions require immediate remedial action, This provision shall riot be construed to allow the City to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the treatMent.measure(s) and in no event shall this Agreement be construed to impose any such obligation on the City. SECTION 9: NOTICES All notices herein required shall be in writing, and delivered by person or send by registered mail, postage pre-paid. Notices required to be given to the City shall be addressed as follows: NPDES Coordinator Environmental Services City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to Property Owner or Property Manager shall be addressed as follows: Company Name: Attention: Kevin Pohlson Street Address: 500 La Gonda Way, Suite 100 City: Danville State: CA Zip Code: 04525 Telephone Number:e 925-743-8000 Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. SECTION 10:. REIMBURSEMENT OF CITY EXPENDITURES In the event the City, pursuant to this Agreement, performs work of any nature (direct or indirect), including any reinspections or any actions it deerns necessary or appropriate to return the treatment measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the City of Dublin upon demand within thirty (60) days of receipt thereof for the costs incurred by the City hereunder, including reasonable mark-ups for overhead and expenses. If these costs are not paid within the prescribed time period, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property, or prorated against the beneficial users of 'the Property or may be placed on the property tax bill and collected as ordinary taxes by the City, The actions described in this section are in addition to and riot in lieu of any and all Page 4 of 9 legal remedies as provided by taw, available to the City as a result of the Property Owner's failure to maintain the treatment measure(s). SECTION 11: INDEMNIFICATION The Property Owner shall indemnify, hold harmless and defend the City and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the treatment measure(s) by the Property Owner or the City. in the event a claim is asserted against the City, its authorized agents, officers, officials or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the City, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the City. SECTION 12: NO ADDITIONAL LIABILITY It is the intent of this Agreement to insure the proper maintenance of the treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff. SECTION 13: TRANSFER OF PROPERTY This Agreement shall run with the title to the land. The Property Owner agrees that, whenever the Property is held, sold,. conveyed or otherwise transferred, the property shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property. Before the Property is legally transferred to another entity, the Property Owner shall provide written notice of the Agreement to the transferee and provide the City a copy of such notice. SECTION 14: SEVERABILITY The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, . paragraph, subdivision, sentence or provision of this Agreement. SECTION 15: RECORDATION This Agreement shall be recorded by the Property Owner, or by the City by mutual agreement, within.thirty (30) days after the execution date of this Agreement as stated above among the deed records of the County Recorder's Office of the County of Alameda, California at the Property Owner's expense. Page 5 of 9 SECTION 16: RELEASE OF AGREEMENT In the event that the City determines that the stormwater treatment measures located on the Property are no longer required; then the City, at the request of the Property Owner shall_execute a release of this Agreement, which the Property Owner, or the City by mutual agreement, shall, record in the County Recorder's Office at the Property Owner's expense. The stormwater treatment measure(s) shall not be rernoved from the Property unless such a release is so executed and recorded. SECTION 17: EFFECTIVE DATE AND MODIFICATION This Agreement is effective upon the date of execution as stated at the beginning of this Agreement. This Agreement shall not be modified except by written instrument executed by the City and the Property Owner at the time of modification. Such Modifications shall be effective upon the date of execution and shall be recorded.. SECTION 16: MISCELLANEOUS The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda. In the event of legal action occasioned by any default, inaction or action of the Property Owner, the Property Owner agrees to pay all costs incurred by the City in enforcing the terms of this Agreement, including reasonable attorney's fees, litigation expenses, including experts' fees and costs, and other costs which shall become part of the lien against the Party. CITY: PROPERTY OWNER: CITY OF DUBLIN B y Bye _..._._ Typed or Printed Name Typed or Printed Name Title Title October 21 , 201 Date Date (Attach Notary Acknowledgment) Page 6 of 9 ACKNOWLEDGMENT State of: California County of: Contra Costa On �-)vyrbefore me,—Yvonne M. Craves, Notar Public (name and title of the officer) personally appeared Kevin PohIson who proved to me on the basis of satisfactory evidence to be the person N whose namem Ware- subscribed to the within instrument and acknowledged to me that he/44e4h-ey executed the same in his/her/th,eir authorized capacity{nand that by his/her-M&signature{ on the instrument the person+, or the entity upon behalf of which the personM 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 connrcrissson AVES /E 2 0 4"3 YVONNE C'R Aj) A' 3 2 4,1 (seal) (Sig ature of Notary Public ` ' Exhibit A TRACT 8179 DUBLIN, CALIFORNIA All that certain real property situated in the City of Dublin, County of Alameda, State of California described as follows: Tract 8178@S said Tract|s shown on that certain map entitled Tract O179 Jordan Ranch filed on Book nf Maps, at Pages through ____, Official Records of said County. End of Description s w one s � nix Q o CC, N Z= w Ilk sI- �-e8 gg wz � •fin Z- S. tp a 3�om4 � C> x l �7 Lit L LU w Q �m LU 1,. OD �E CO LU co 9 LU z J 1 Q W z o Ul 0 cr. —111 Q r R .n L7 � h H cr, ° ®1 rna.�.wcur.,a�eu.mca..-m.FU.,.Avre.,x.:�nuammm,.wR.,a EXHIBIT C MAINTENANCE SCHEDULE (INLET FILTERS) Maintenance & Inspections: a All inlet filters installed on the property shall be inspected and serviced at a minimum of three times per year. a A third party company must inspect and service the inlet filters. The third party company shall be approved by the City. 0 In some instances, the frequency and length of duration between inspections and maintenance may fluctuate based on specific site conditions, such as weather, site use and pollutant type and loading volume. The third party company will provide information on the appropriate duration between inspections. Filter Media Replacement: * The media in the filter shall be replaced when 50% or more of the outer surface of the media is coated with contaminants. * The media pack shall be replaced a minimum of one time per year. * The third party company servicing the filter shall determine when the media requires replacement. G:\DEVELOPMENT,PRNIATE\Jordan Ranch-Broolcfield-Capri N3-Tr 6179-FCN 03100blAgreementskO&MAgreement-Inlet InsertslExhibit C.Maintenance Schedule.doc Page 1 of 1 RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mall To: Martha Aja Environmental Services City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 2738"3 Space above this line for Recorder's use STORM WATER TREATMENT MEASURES MAINTENANCE AGREEMENT This Stormwater Treatment, Measures Maintenance Agreement ("Agreement") is entered into this october21,2014. 2014, by and between the City of Dublin ("City") and --e. 4-zC-- , a property owner of real property described in Exhibit A of this Agreemen ("Property Owner"). RECITALS A. On October 14,,2009, the Regional Water Quality Control Board, San .Francisco Bay Region, adopted Order R2-2009-0074, CAS612008, issuing the Municipal Regional Stormwater NPDES permit ("MRP") for the San Francisco Bay Region; and B. The City is a permittee of the MR.P; and C. Provision C.3.h of the MRP requires the City to implement an Operation rand Maintenance Verification Program ("Program") for stormwater treatment systems, which are defined as "any engineered system designed to'remove pollutants from stormwater runoff by settling, filtration, biological degradation, plant uptake, media absorption/adsorption or other physical, .biological or chemical process," and "includes landscape-based systems such as grassy swales and bioretention units as well as proprietary systems" (MRP, pg. 133),,As part of this program, the City is required to ensure that all installed stormwater treatment.systems or measures are adequately 'operated and maintained by entities responsible for such stormwater treatment systems or measures, such as the Property Owner; and D. The Property Owner, d the owner of real property commonly known as Capri at Jordan Ranch-Tract 8.179 (the "Property"), which is more particularly described in Exhibit A, upon which stormwater treatment measure(s) are to be constructed or located, operated and maintained; and E. The stormwater treatment measure(s) are more particularly described in Exhibit B - Stormwater Management Site Plan and the full scale project plans entitled 1m rovementPlans-Tract 8179 and prepared by Ruggeri-Jensen-Azar ..®..tea..«... .......��...,._..,....,.... are on file with the Public Works Department of the City; and Page 1 of 10 F. The City is the permittee public agency with jurisdiction over the Property; and G.. The Property Owner, its administrators, co-owners, executors, successors, heirs, assigns or any other persons, including any homeowners association (collectively hereinafter referred to as "Property Owner") recognizes that the stormwater treatment measure(s) must be installed and maintained on the Property as indicated in this Agreement and as required by the M RP; and H. The City and the Property Owner agree that the health, safety and welfare of the citizens of the City, together with the provisions of Dublin Municipal. Code Chapter 7.74 and other applicable City guidelines, require that the stormwater treatment measure(s) detailed in Exhibit B are to be constructed, operated and maintained on the Property by the Property Owner; and I. The Property .Owner accepts the responsibility for constructing, operating, and maintaining the stormwater treatment measures) on the Property. NOW, THEREFORE, with reference to the above recitals and in consideration of the mutual promises, obligations, and covenants herein, the Property Owner agrees as follows: SECTION 1: CONSTRUCTION OF TREATMENT MEASURES The on-site stormwater treatment measure(s) described in Exhibit B shall be constructed by the Property Owner in strict accordance with the approved plan's and specifications identified for the development and any other requirements thereto which have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other written direction. SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY This Agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another entity. . SECTION 3; MAINTENANCE OF TREATMENT MEASURES The Properly Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness, and shall, at its sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the Treatment Measure Operation and Maintenance Inspection Report (Inspection Report) agreed .hereto an example of which is attached as Exhibit C — Inspection Report. This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater: Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to ' operate as originally designed and approved. The Inspection Report shall include. a detailed description of and schedule for long-term maintenance activities. Page 2 of 10 SECTION 4: SEDIMENT MANAGEMENT The Property Owner shall manage sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) appropriately: The Property Owner shall provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the Inspection Report. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, state and local law and regulations. SECTION 5: ANNUAL INSPECTION AND REPORT The Property Owner, shall, on an annual basis, complete the-Treatment Measure Operation and Maintenance Inspection Report (Inspection Report), attached to this Agreement as Exhibit C. The annual Inspection Report shall include all completed Inspection and Maintenance Checklists, attached hereto as Exhibit D for the annual reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this agreement. The annual Inspection Report shall be submitted no.later than December 31 of each year, under penalty of perjury, to the City of Dublin NPDES Coordinator at the City of Dublin, .100 Civic Plaza, Dublin CA; 94568 or another member of the City staff as directed by the City. The Property Owner shall provide a record of the volume of all accumulated sediment removed from the treatment measure(s) in the annual Inspection Report. The Property Owner shall conduct a minimum of one annual inspection of the stormwater treatment measure(s) before the wet season. This inspection shall occur between August 1s'and October 1st each year. The Inspection Report, Exhibit C, may require more frequent inspections. SECTION 6; NECESSARY CHANGES AND MODIFICATIONS At its sole expense, the Property Owner shall make any changes or modifications to the stormwater treatment measure(s) and/or the Inspection Report, Exhibit C, as the City may determine to be reasonably necessary to ensure that the treatment measures are properly maintained and continue to operate as originally designed and approved. SECTION 7: ACCESS TO THE PROPERTY The Property Owner hereby grants permission to the City; the San Francisco Bay Regional Water Quality Control Board (RWQCB), the Alameda County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees (hereinafter"Agencies")to enter upon the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that treatment measures are being properly operated and maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when the Agency or Agencies has/h.ave a reasonable basis to believe that a violation of this Agreement, the City's Stommwater Management Program, guidelines, criteria, or the MRP, and any amendments or re-issuances of this permit, is occurring, has occurred or threatens to occur. The above.listed Agencies also have a right to enter the,Property when necessary for abatement of a public. nuisance or correction of a violation of the Inspection Report criteria. Whenever possible, Agencies shall provide reasonable notice, delivered pursuant to Section 9 of this Agreement, to the Property Owner before entering the property. Page 3 of 10 SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved Site Plan or comparable document in goad working order acceptable to the City and in accordance with the Inspection Report, incorporated in the Agreement, the City, and its authorized agents and employees with reasonable notice, delivered pursuant to. Section 9 of this Agreement, may enter the Property and take Whatever steps it deems necessary and appropriate to return the treatment measure(s) to good working order. Such notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the City. SECTION R. NOTICES All notices herein required shall be in writing, and delivered by person or send by registered mail, postage pre-paid. Notices required to be given to the City shall be addressed as follows,: NPDES Coordinator Environmental Services City of Dublin 100 Civic Plaza Dublin, CA 91668 Notices required to be given to Property Owner or Property Manager shall be addressed as follows: Company ]Name: Attention:. Kevin Pohlson street Address:500 La nda Way, Suite 100. —_ City: Danville State. C _dip Cade:94526 Telephone Number:, 925-743-8008 Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. SECTION 10: REIMBURSEMENT OF CITY EXPENDITURES in the event the City, pursuant to this Agreement, performs work of any nature (direct or indirect), including any reinspections or any actions it deems necessary or appropriate to return the treatment measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said work for labor-, use of equipment, supplies, materials, and the like, the Property Owner.shall reirnburse the City of Dublin upon demand within thirty (30) days of receipt thereof for the costs incurred by the City hereunder, including reasonable mark-ups for overhead and expenses. If these costs Page:4 of 10 are not paid within the prescribed time,period, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property, or prorated against the beneficial users of the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to and not in lieu of any and all legal remedies as provided bylaw, available to the City as a result of the Property Owner's failure to maintain the treatment measure(s).. SECTION 11: INDEMNIFICATION The Property Owner shall indemnify, hold harmless and defend the City and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the treatment measure(s) by the Property Owner or the City_ In the event a claim is asserted against the City, its authorized agents, officers, officials or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the City , its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall Pay for all costs and expenses in. connection herewith. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the City. SECTION 12: NO ADDITIONAL LIABILITY It is the intent of this Agreement to insure the proper maintenance of the treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff. SECTION 13: TRANSFER OF PROPERTY This Agreement shall run with the title to the land. The Property Owner agrees that whenever the Property is held, sold, conveyed or otherwise transferred, the Property shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property. Before the Property is legally transferred to another entity, the Property Owner shall provide written notice of the Agreement to the transferee and provide the City a copy of such notice. SECTION 14: SEVERABILITY The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement. Page 5 o€10 SECTION 15: RECORDATION This Agreement shall be recorded by the Property Owner, or by the City by mutual Agreement, within thirty. (30) days after the execution date of this Agreement as stated above among the deed records of the County Recorder's Office of the County of Alameda, California at the Property Owner's expense. SECTION 16: RELEASE OF AGREEMENT In the event that the City determines that the stormwater treatment measures located on the Property are no longer required, then the City, at the request of the Property Owner shall execute a release of this Agreement, which the Property Owner, or the City by mutual agreement, shall record in the County Recorders Office at the Property Owners expense. The stormwater treatment measure(s) shall not be removed from the Property unless such a release is so executed and recorded. SECTION 17: EFFECTIVE DATE AND MODIFICATION This Agreement is effective upon the date of execution as stated at the beginning of this Agreement. I his Agreement shall not be modified except by written instrument executed by the City and the Property Owner at the time of modification. Such modifications shall be effective upon the date of execution and shall be recorded. SECTION 18: MISCELLANEOUS The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda. In the event of legal action occasioned by any default, inaction or action of the Property Owner, the Property Owner agrees to pay all costs incurred by the City in enforcing the terms of this Agreement, including reasonable attorney's fees, litigation expenses, including experts' fees and costs, and other costs which shall become park: of the lien against the Party. CITY: PROPERTY OWNER: CITY OF DUBLIN-C- B y.- B Typed or Printed Name Typed or Printed Name ___..._. Title Title October 21 , 201 Date Date (Attach Notary Acknowledgment) Page 6 of 1,0 ACKNOWLEDGMENT State of: California County of: Contra Costa On L-"4 before me, Yvonne M. Craves, Notary Public (name and title of the officer) personally appeared Kevin Pohlson who proved to me on the basis of satisfactory evidence to be the person N whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/&ht4"executed the same in his/fierAheir authorized capacity(iias),-and that by his/heF/4h&signatureN on the instrument the person(&), or the entity upon behalf of which the person(s) 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 Z Z Z M, (seal) Si lure of Notary Public Exhibit A TRACT 8179 DUBLIN, CALIFORNIA All that certain real property situated in the City of Dublin, County of Alameda, State of California described as follows: Tract 8179 as said Tract is shown on that certain map entitled Tract 8179 Jordan Ranch filed on Book_of Maps, at Pages`through , Official Records of said County. End of Description i CL ........................ jo Z cr Z 3: 0 z < LU Cc 01 aY144fvVT G Landscape Based Maintenance Plan Landscape Based Maintenance Plan Routine Maintenance Activities The maintenance objectives forthe landscaped stormwater treatment include keeping up the pollutant removal efficiency of the channel by maintaining a dense, healthy vegetated cover. Routine maintenance activities;and the,frequency at which they will be conducted, are shown in the tabie below. Routine Maintenance Activities for Landscape Based Treatment Areas No. Maintenance Task Frequency of Task 1 Remove obstructions, deb_ris and trash from the treatment measure and Minimum 3 dispose of properly. timeslyear.' 2 Inspect the treatment measure to ensure that it drains between storms and Minimum 3 within five days after rainfall times/year." 3 Inspect downspouts, curb cuts, overflowpipes, inflowpipes,outflow pipes, and/or bubble ups to ensure flow to the treatment measure is unimpeded. Minirhum 3 Remove debris and repair damaged pipes. Check splash blocks or rocks and times/year.' repair, replace and replenish as necessary. 4 Inspect inlets for channeling,ruts and holes, soil exposure or other evidence Minimum 3 of erosion. timeslyear,' 5 Clear obstructions and remove sediment accumulating near inlets when it Minimum 3 builds up to 2 inches at any spot, or if it covers vegetation: Dispose of times/year.' sediment properly. 6 Inspect concrete lined measures to ensure that box is structurally sound (no Annually cracks or leaks). Repair as necessary. 7 Evaluate health of vegetation. Remove and replace all dead and diseased vegetation. Replace with vegetation with similar growth requirements. List the plants to be used in the treatment area here, or attach a separate sheet: Monthly 8 Maintain vegetation and the irrigation system:Irrigate vegetation when necessary. Mow, prune andlorweed to keep the treatment measure neat and orderly in appearance. Remove any invasive vegetation and/or weeds. Treat Monthly vegetation using preventative and low-toxic methods (Integrated Pest Management). 9 Check that mulch, cobble, and/or treatment soiP are at the appropriate depth/s Minimum 3 (per design specifications)and replenish when necessary. timeslyear" 10 Inspect the treatment measure using the inspection checklist. Minimum 3 times/year.' Check the appropriate landscaped based measures that are located at this site:. ❑Bioretention Area ❑Flow-Through Planter ❑Tree Well Filter [-]Vegetated Swale Landscape Based Maintenance Plan Inspections: The Landscaped Based Inspection Checklist provided in the attachments of the O&M Agreement shall be used to conduct inspections, identify needed maintenance, and record maintenance that is conducted. !Mosquito Abatement: Standing water shall not remain in the treatment measures for more than five days, to prevent.mosquito generation_ Should any mosquito issues arise, contact the Alameda County Mosquito Abatement District (ACMAD), as needed for assistance. Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the ACMAD and then only by a licensed professional or contractor. Contact information for ACMAD follows: Alameda County Mosquito.Abatement District, 23187 Connecticut St., Hayward, CA 94545, Phone: (510) 783-7747. 1 The 3 minimum timeslyear are as follows: 1) before wet season, 2) after rain events >1" or greater, and 3)after the wet season. '- Soil used shall meet the specifications included in the most recent version of Alameda Countywide Clean Water Program's C.3 Stormwater Technical Guidance Manual accessible at oww_dublin.ca_gov/stormvvaterdevelopment Provide a laboratory analysis, from. an approved testing laboratory, to the City of Dublin, Public Works Department., to confirm that the_soils provided meet the above requirement. � a c � � L -p v a3 L Q d3 aT ED rb 0 UT N t6 a) O a) ?- E L "a L U N •� U N C'Si RS O ui T3 r 0L n- F— CS Z Q) Q U zm a) � Q? N c Q J UJ p L ° i a�J A-- V G i CL O m o n sue+ cu IJ ❑ ❑ 3 Cl) CO. z N O CSi - co O cz i? CD C O N O t0 CL ai O Q N l3 U CCS II @ p L r C N N 0 Tp Z3 ❑, ❑ ,may 6 �, O "CS N' 0 cu aJ N (u t1r - N C L (IS N CJ a) L L CG a rs ti � � c n.� � 'QQ Ca a � o I ° L 3� m c� u� z �. Q o ca o L o a o � Qo �? O z aS U I— . cn U s� ❑ O o =3 y a m v U3 N a> c N cc N a) + p CG J l"31 L U L L a) n Q m Q) Q N N tT3 t6 E p N O O U O cu s.. QS N O + L U O L� RS aJ a) as L U (JJ (� — w cfi Q) v (� x o ::3 zi rs a� a� U Co U) o U) o a, a N o c � >, 5. > N0) > (D O 'O >,.O y Qa C Q v o m o o O O O O• Q ' Zo O M .� O (� QUj C a�j Z7 �3 O..� O dj � a i (S SB Q. 0 cn t) "U C Q c 2E 'ID a ( .W? ? � � v ui o � cs `o ui O vi ODUn o � ° _ �- c � � m � a) zs m - o cn ca c -0 � m � o: � q a ° z31- o � emu, cam cn cE > aa - crsN o ca aj 0 ) ° m as (n ° iu a�i c o 0) r- o 0 0 o 0 > o Q O a7 ) tI5 U Q) CD GJ c .O U m vv ca M. cmC°Ccm-0 � eaco � N 0 m r Sn O O U U � C °O U � O CS r- 'a cn 4 @ cu QY C 1 ISf V U .. .. .. .. Ct as -rte O C to C > N N s O Q On o -0 O > ) `0 E cu C�cu U J O 0 1 co Q O ' > � m 0 Q) O Q m -a a? m ° a� v m c ° o o a) c $ oo � n . o cL (Dm M ui N u °' ° o Q c m -' N a° t>s ° = E'F. z3 � o r� '- � �na� � mc � � c -� ° ro o c C� . as � � � .cai ociU � 6 = � c > c o c c >' c as -0 m cn 0 0 c o c o a o - c ° o v o > o cn � N . ro CO o ? o 0 " ca o cn cn [ a� L o Co o Q a, zsa) � t- a) ° � a> ca � . DiGNa� a� � � "-' eoi ° c � E'MA)C: 0 c U!n co- UU > > w -En > .= > aa)i > ° � 0c¢a es U N C 9z co U3 9z Q Q a) O a) " O c 4 f: 0) 7 c N a) C U py (D "� N 6 O � CD � a) Y7 U Z3 U O Q Q) U y QJ a) O C6 2 C) O co Q > :E Sti fi a) Ct� L Ld co O C] i RESOLUTION NO. — 14 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 8179, JORDAN RANCH, NEIGHBORHOOD 3 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, Brookfield Capri, LLC, a Delaware Limited Liability Company, is filing a Final Map for Tract 8179 to develop 94 residential dwelling units constructed on 94 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 8179 are 1) Dedication of 0.658 acres of Community Park Land or payment of $752,564.00 in Community Park Land In-Lieu Fees, and 2) Dedication of 0.282 acres of Neighborhood Park Land or payment of $380,136.00 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer has possession of 0.658 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 8179; and WHEREAS, Developer has possession of 0.282 acres of Neighborhood Park Land credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 8179; NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.658 acres of Community Park Land Credits and the application of 0.282 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 21st day of October, 2014, by the following vote- AYES- NOES- ABSENT- 1 ABSTAIN: Mayor ATTEST: City Clerk 2