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STAFF REPORT C I T Y C L E R K
DUBLIN CITY COUNCIL File # ^~~0-~]d^
DATE: July 19, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC : Approval of Final Map and Tract Improvement Agreement, Approval of Agreement
for Long-Term Encroachment for Landscape Features, and Acceptance of
Parkland Dedication Credits for Tract 7656, Sorrento East-Neighborhood 10
Prepared By: Mark Lander, City Engineer
EXECUTIVE SUMMARY:
SR Structured Lot Options I LLC, A Delaware Limited Liability Company is filing Final Map 7656
to subdivide Parcel 5 of Tract 7982 into 57 lots. Taylor Morrison of California, LLC, will take title
of Tract 7656 upon its recordation and will serve as the developer. Tract 7656 is bounded on the
west by Lee Thompson Street, on the south by Central Parkway, and on the east by Lockhart
Street. Taylor Morrison of California, LLC, will also be constructing certain public improvements
on Lee Thompson Street that were required for Tract 7982.
FINANCIAL IMPACT:
Taylor Morrison of California, LLC, has provided a cash deposit in lieu of Performance and
Labor & Materials Bonds to guarantee construction of the street, grading, utility improvements
and landscaping to be constructed with Tract 7656, and will pay the cost of construction
inspection. Once the improvements are accepted, the City will incur maintenance costs for City-
maintained improvements constructed with Tract 7656. The Homeowners' Association will be
responsible for maintaining the project landscape features within the public right-of-way.
Parkland dedication requirements are proposed to be satisfied with Community Park Land and
Neighborhood Park Land credits.
RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt the Resolution Approving Final Map and Tract
Improvement Agreement for Tract 7656, Sorrento East-Neighborhood 10; 2) Adopt the
Resolution Approving Agreement for Long-Term Encroachment for Landscape Features with
Tract 7656; and 3) Adopt the Resolution accepting Park Land Dedication Credits for Park Land
Dedication Requirements for Tract 7656 (Sorrento East-Neighborhood 10 (North): SR
Struct ed Lot O tions I LC).
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Submi ed By Reviewed By eview d y
Public Works Director Administrative Services Director Assistant Cit anager
Page 1 of 3 ITEM NO. ~- e
DESCRIPTION:
The Planning Commission adopted Resolution 10-09 on March 9, 2010, approving Vesting
Tentative Maps and Site Development Review for Sorrento East bounded by Grafton Street,
Gleason Drive, Lockhart Street and Central Parkway. Tract 7982 Final Map subdivided the
property into ten parcels and dedicates for public use Capoterra Way, Giovanni Way, Lee
Thompson Street, and Palermo Way. In lieu of a Tract Improvement Agreement with a
Performance Bond and a Labor and Materials Bond to guarantee construction of the
improvements for the Tract 7982 subdivision, SR Structured Lot Options I, LLC, executed and
filed with the City a Covenant and Deed Restriction applicable to the Parcels created by the
Tract 7982 Final Map. The Covenant and Deed Restriction requires that certain subdivision
improvements be completed prior to the further subdivision of each parcel in accordance with
the Conditions of Approval for the Tentative Map and approved plans for Tract 7982.
Taylor Morrison of California, LLC, the buyer/developer for Parcel 5 of Tract 7982, includes
certain improvements on Lee Thompson Street required by the Conditions of Approval for Tract
7982 with the Tract Improvement Agreement for Tract 7656. These improvements, together with
improvements to be constructed by Taylor Morrison of California, LLC, with their Tract
Improvement Agreement for Tract 7656, satisfy the obligations under The Covenant and Deed
Restriction for Parcel 5 of Tract 7982.
SR Structured Lot Options I, LLC, A Delaware Limited Liability Company, is filing Final Map
7656 to subdivide Parcels 5 of Tract 7982 into 57 lots and dedicate Public Service Easements
and Emergency Vehicle Access Easements.
Tract 7656 Final Map has been reviewed and found to be in conformance with the Tentative
Map and Conditions of Approval for Tract 7656 adopted by Planning Commission Resolution
No. 10-09 on March 9, 2010. The developer, Taylor Morrison of California, LLC, has submitted
the signed Tract Improvement Agreement, together with the required cash deposits in lieu of
Performance and Labor & Materials Bonds in the amount of $97,000 for the public Tract 7656
improvements, in the amount of $1,130,000 for the private Tract 7656 improvements, and in the
amount of $140,000 for the public Tract 7982 improvements with Tract 7656.
It is now appropriate to remove the deed restriction from the property, since Taylor Morrison has
executed an Improvement Agreement and provided a deposit guaranteeing the construction of
the improvements required under the deed restriction. The Release of Covenant and Deed
Restriction, attached as Exhibit "B" to the Resolution Approving Final Map and Tract
Improvement Agreement for Tract 7656, Sorrento East-Neighborhood 10 (Attachment 3), will
remove the deed restriction from the property.
Aqreement for Lonq Term Encroachment for Landscape Features
The Agreement for Long Term Encroachment for Landscape Features with Tract 7656 provides
for the Homeowners' Association to maintain landscaping in the planter strips and pop-outs
along the project frontage that is within the public rights-of-way. (Attachment 4)
Parkland 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. Staff has
Page 2 of 3
prepared a Resolution which outlines the requirements and how compliance will be achieved by
SR Structured Lot Options I, LLC, which is the entity filing the Parcel Map (Attachment 5).
SR Structured Lot Options I, LLC, holds Community Park Land credits and Neighborhood Park
Land credits, in an amount sufficient to fully offset its Community Park Land dedication and
Neighborhood Park Land requirements. The following table shows how SR Structured Lot
Options I, LLC, will satisfy the Park Land dedication requirements for Tract 7656:
Dedication
Re uirement Fees In Lieu
of Dedication SR Structured Lot Options I,
LLC, Com liance
Communi Park Land 0.399 acres N/A Use of ark acrea e credits
Nei hborhood Park Land 0.171 acres N/A Use of ark acrea e credits
The calculation of the acreage required and/or in-lieu fees is determined in accordance with City
of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the
requirements and how Standard Pacific Corp., will achieve compliance (Attachment 5).
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 SR Structured Lot Options I, LLC, A Delaware Limited Liability
Company, and Taylor Morrison of California, LLC.
ATTACHMENTS: 1. Location Map
2. Reduced Copy of Final Tract Map 7656
3. Resolution Approving Final Map and Tract Improvement
Agreement for Tract 7656, Sorrento East-Neighborhood
11 together with Exhibit "A", Agreement and Exhibit "B",
Release of Covenant and Deed Restriction with Respect
to Parcel 5 of Tract 7982
4. Resolution Approving Agreement for Long-Term
Encroachment for Landscape Features with Tract 7656
South together with Exhibit "A", Agreement
5. Resolution Accepting Park Land Dedication Credits for
Park Land Dedication Requirements for Tract 7656
(Sorrento East-Neighborhood 10 (North): SR Structured
Lot Options I, LLC)
G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-East\Tract 7656-Neighborhood 10\Staff Report Final Map 7-10-11(2).docx
Page 3 of 3
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9WNER~S STAlEA1ENT
iHE UNOQt9dlm UOES HQt~Y ST~IE: iHAT NE IS IHE OkNEP OF N1 IME LANOS OELNEAIED AND QIBRACm
YA7HIN h1E 7RACT BWNDMY l1NE dF TNIS FlNAL NM EN1111E11'7RACT 7856, SORRENTO N~q180RH00D 10, tltt
OF ~IIBUN, ALAYmA CWNtt, CAUiOHMA', CON95PNG Oi 7XELl£ (1t) 41EET5, 1195 57A1O~11T BENG UPON
31EET ONE (1) 7HEREOF: 7HAT HE CONSFNIS lU THE PREPARA710N ANU i1lINC OF SN~ MAP: 7HAT SAIO NAP
PMI7CULMLY SEIS FORT1 AND DESCRIBES P11 iHE LOTS IN7ENDED FOP SALE BY THE1R NUI~ER AND PREqSE
M1D7H AND LENGiH; AND THAT SAN YAP PARTICULARLT SE75 Fdt7H NiU DESCRIBES TIE PMCELS OF GRWND
RESIIiVED Fpt Pl19lIC PURP035 BY 7NEII2 BOUN~APoES, COURSES, AND IX7Fl1T.
THE flEAL PftOPQi7Y OESCRIBED BELOW IS OmICA1ED AS AN EA4}1EHT FOR PUBl1C P~APOSE£ THE MEAS
OE9(~lAlEO AS 'PUBLIC SEANCE EAg]IENY (P5~ AS 910YM UVON iN15 MM. ME FOR 7HE PURPOSE OF
INSTFLLA710N, CONSR2UC710N, RGCESS, NI~ NNNTENANCE Of UNOERCRWND UTl11Y SRtI1CNRES
71iE NEAL PROPQ2TY DESCRIBFD BFLOW IS ~mICR1ED AS N1 EASENENT FOfl PUBl1C WRVOgS iHE N2EA5
DmGNAIED AS 'EMERGFNCY VEXICLE ~CC65 EA411ENf (EVA~ AS 910MN IIPON TNIS YPP, ARE FIXt 1HE
PURPOSE OF ACCESS OF EMQtGENCY VEHICLES AND EMERGENCY EWIPNENT.
THE HEAI PPOPERtt DEStliIBm BE10W IS ~E-ICA7ED AS AN EASD/QIT FOR PUBt1C WPPOSE4 iXE AREAS
OE9GNATED AS'~SRSD' ARE IRREVOCA9lY OFFEPEO fqt pmlCAliON Tp WBIJN SAN RA110N 9RNCE5 qSTIiICT
(USR50), OR ITS OE9GNEE W CRO55, AS A SU951MFACE EASEMENT AND SUftFACE EASIIENT Fdi POTABIE WAIER
~Np RECYCLED WAIER NID SNIITMY SEN9i PURPOSES. WLLUDINC ACCE55 1HEPEfO. FOP WNSIRUCTION.
OPERAPON, NNN7ENRNCE, REPNR RND REPLACFYENT OF WORKS, IMPROVEIAENlS, MID SIPUCNRES, MID iHE
CIEARING OF OBSiRUCTONS AN~ VEGETAlION. NO BUIIDING OR S7RUCNRE NAY BE PUCED pV SAID EASEIIENT,
NOR SHML ANYM1IINC BE OONE TiFA~N, NIXt ACCE55 RESRLC7ED llIEREfO W14CN MRY WTERFQiE NTiH OSRS~'S
ML QJJOY4ENT OF SPID FASElIENT. ~CCEPTNlCE OF SAIU EASQIENT WRL BE BY SEPIAAIE WS7RIINENT
SUBSEOUENT TO 1NE FlLING OF TMIS MM.
iHE REAL PROPEA7Y DE9GNAlED AS TMCENTO UNE FA-0 TEARACE PAOLO TERRAGE, AND CMQiIfA IANE AS
SH015N UPIXi iX15 MM, ARE FOR PRIVRIE ACCE55 ANO LAN~SCAGINC PURP05E5 FOR iXE fiENEFT OF iHE LOlS
IN TRACT 7858 PND ARE N0T DmIGATED TO 1HE PUBIJG hIESE FREAS ARE TO BE OWNm IND YAP1TMlm BY
7HE HU4EOWNERS ASSOq~710N OG TRACT 7658 IN ACCOROANCE M1TH 1XE COVENAN75, CONq710N5 ANU
RESIRICTIONS GOYFHNING iRACT 7858.
. hiE RFAL PHOPEfitt OE9CNAlEU AS 'PPoVAIE ~CCE55 EAgIIFNI" (PAE) AS 410NN UPOp MS YM, IS FON THE
WRPOSE OF PRIVATE KNI4E Ntll PEUESIRIAN ACCE53 WAYS FOR THE BPlEFlT OF 7HE fATS IN IIiACT 7655
qND IS NOT DmICAIED TO RIE PUBl1G 7HESE AREAS ME TO BE OWNm AND MAINTAINm BY iNE H011EOVMFRS
RSSOCIAiION OF 7RACT 7fi56 IN ~CCIXtOANCE X11H iME COYENANTS, CONDITI(INS AN~ RE3TRICIIONS fAYFRNING
TR~CT ]656. i
1HE REAL PROPER7Y OE9GNAlED AS 'PRIVAIE STORM DRAIN EAgNENI' (PSUc~ AS 9i0VM IIPON iW5 MM, IS
FOR T1E PURPOSE OF WSTALLATION M'D YAIMEHANCE OF %CVp7E SfORII DRAIN FAtll17iE5 N0 APPUR7ENANCFS
TMQ2ET0 Fdt ME BENEFlT OF 7XE LA75 W 7RACT 7fi56 AN~ IS NOT DE-ICp7ED ttl 1HE GU~1C. 4AINIENNICE
OF SAID FApIlTES 91ALL BE 1HE RESPONSIBILITY OF 111E HOAIEOl5NEA5 ASSOCUiION Of' TRACT 7658 IN
ACCORDANfL N17N 1NE COYENAN75, CONDIlIONS AND PFS7PoC710N5 GO4ERWNC 7RACT 7858.
1HE HEAL PROPWTY OE4CNAlED AS 'PPoVAIE PmE57WAN ACCESS EASEAIENT' (PPI~ AS 910KN IIPON T115 YM.
IS FOR 7HE PURPOSE Of PmE57RIAN ACCE55, REfAWING WALLS, AND IANDSCAPWC FOfi 7HE BQlEFI7 OF iME
1A15 IN iR/.CT 7656 AND IS NOT DEqCATED TO 1HE PU9UG YAWTENM'Q OF SN~ FApl1Tl6 91R11 BE 7f1E
RESPONSIBRITY ~ 7HE MdlEO'hNQiS ASSOdA710N OF iRACT 7858 IN ~CCOflDrWCE VA1M ME CO`hNAN75,
CONDITIONS ANO PESRtIC110NS GOYERNING TRACT 7858.
7HE flEAL PROPER7Y UE9GNA7FD AS 'PPoVAIE YARU EASENEN7' (P1'E) AS SHOYM UPON TNIS NAP. IS FOR
iHE BENff1T AND AVPURTANT 10 TNE ADJOIILNC L0T FCR 7HE PURPOSE OF WSi~LLATON AN~ YNNIENANCE OF
PRIVAIE lAN~SCAVE AND IX2AINRCE FAqU11E5, PPIG(INC, AN~ PPPUR7FNANCFS TIEAETO N!D RERffA710NAL
USE OG YMO MEA er n¢ ~~awxc wTS. ~++o u¢ NoT omic~ho ro n~ vueuc NAINIENANCE Oi SIID
ME/5 AND/qi FAfJU71E5 S1ALL BE iHE PESPoNSIBRITV OF iHE BEHEFITING LD75 @l ACCM~ANCE Ni7X THE
C04ENM115, CONOITONS AND RESR2ICIIONS GOVFRNWG IIiACT 7858.
! 7HE PEAL PROPQttt UE4GNAlED AS PM(9.5 h B, F D, E, G, G, H, ~HD I AS SIOWN UPON iltl5 YAP, IS FOfl
E 7HE PURPOSE Of LANDSCAPWC. PRIVAIE PmE57RIPN ACCE55 WAYS. AND VRIV~IE SrORM ORNNS AND IS N0T
~FDICAIEU TO T1E PU&JC. hIESE AREAS ARE TO BE ONNm AND MAINTHNm BY HdlEONtIEliS ASSOtlA710N OF
~ 7RACT 7856 IN ACCOROANCE 'MiH IXE COVEH~VliS, CONOI110N5 ANO RES7RILTIONS GOVERNING 7RACT 7658.
7HE REAL PROPQiTV DESICN~TED AS 'LOT A' AS 410VM UPON 7N15 YM, IS FETAUIE~ BY OYMER FOR
t OE~ELOPYENT PUfffO5E5. ~
.~` TiE ftEAL PROPQEtt DESCPoBm HERFIN 5 RLSO SUBJECT 70 hIE MRS7ER DECLARATIONS Oi fA~ENANTS,
[ CONOI110N5 ANO RESIRIC710N5 OF SORFENTD EAS~ C0~£HNWG IA~CT 7892. ANU iHE OEIXARAPONS dF
a WVENANIS, CONDI710N5 AND RESTRIC710N5 W4IIU~WG iRACT 7658 AND ANY AYEIIDMEtl75 IHEREfO APPROYID
IN ACCOROANCE N11H lf1EW TERYS
iM15 YM SHOWS /d1 EAg11Q115 ON 1NE PRE1115E5 M OF RECOPD.
IN YATNE55 WHEfiEOF, ~/~ -H~ -~
7HE UNOEP4CNED HA`iE E%ECIIIE- iH15 SfRIELFl1T IXI TiE yyG_ OAY dF J, ~ hP yp~~,
OWNFA: SR STRIIC RED LAT OPTIONS I U.C, A OFIAWME LIYIIED IJABILfiY CONPANY
BY: '
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APN: 905-0053-009 (portion)
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courm or n~r~wa,.edc. ~ ss
ONS~~L~JD .p011, B6diEUE,~nnu0.1~'~0.f{~iNG~
A NOTMY PUBLIG P~~NP11Y RVPEARFD ~~ 4 /~/ls- L
YMO PFOVfD TO NE ON 111E BA95 OF SAIIgAGTORY ENDENCE TO BE 7HE~
NHOSE NNIE(~ I5~ ARE SUBSCRIBED TO lF1E Ni1HIN IN5IRUAIENT RNU AdCNO D
TO NE 7HATylC/ SNE/ iHEK E%EqI7ED 7HE SA~IE IN ltl9~ HER/ A~R AVTHORIffD
CAPRq7VQ~. AIID RI~T 8Y ie" /HE7i /ilIBR 9GNANRF.('¢) ON 7HE NSTRUYENT 7!E
PERSON~) CR 1ME QJPtt ON BE}IALF OF 'MpCH T1E PQt50N(~) ACTFD. FJ~WiED 7NE
IN57HIlN~Ef1T.
WISCORS~/1
1 WtIIFY UNOQt GQIALtt Oi PERJUPY UNOER 1HE UWS Oi 1HE ST~IE OF fi~iNtk
1H~T ME FOREGOWG PMAtliMH IS 7RUE RND COflRE T.
M17NE55 YY -
9plAlllRE
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NY C01141590N N111~ER:
YY CWYImON EX%FESSZ4~• a°~d
PRINpPAL COUNIY Of Bl19NE5S ~Le
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COUN7Y REGORDER~S STATFA/ENT
FlIID FOfl RECOF~ T95 _ DAY OF 2011. PT u.. W BOq( _
OF MAPS AT PACR ~T 7HE REW6T Oi FlRST ANEFtlCAN 717LE WMPANY.
fEE: f DOCUMENT N0.
PA7HIG% O~CONNFIL
COUNIY OF PLNIm0. STAIE OF CAl1FORfJIR
BY
DEPUTY COUNtt RECOfiDQt
TRACT 7656
SORRENTO
NEIGHBORHOOD 10
B~IG l 9VB-IV6mN 0~ PARC6L b
I9 9HO11N ON Tll8 Y1P OF 7'R~f.7 7BB2
PQPD IN BOOK 90Y aP YAP9 AY P1GE 3B,
OPRGLL f~0~9 OP d7.111L01 WDN[Y
CPfY OF DUBLIN
ALAMEDA COUNTY, CALQ~'OEWIA
RUCGERI-JENSEN-AZAR k ASSOCIATES
CIV[I. ENGIIJEERS, PLANNERS, SURVEYORS
PL819dNiVN, C11lPoSN11
Nt1S EOll
u s~s
/V
~
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QiSS;INEQYS STA7FlAENT
7X15 Nr1P WA$ PREPARED BY YE IXt UNOFR YY MREC110N, AT 7HE REplEST OF 3t $IRIICNWD !AT
OPTONS I LLL. IT IS BASED UPON A FlEl- AIR1£Y PQiFQRNm BY YE Oil UN~ER YY OIREC110N W
OCTOBQt Y010, IN CONFORMANCE W1TH 1HE REWIREIAENTS OF h1E SIIBDINSION NAP ACT AN~ LOCAL
OFOWANCE /~ND IS 1{p1E AND CdIPIEIE ~lS SNOYM. 1 HER~Y STAIE TIAT TUS FlNAL YM
SUBSTAN7IALLY CON~q7Y5 TO iHE C01111710NALLY APPROVED 7FNTA71kE NAP Qf AN1~ iXAT ALL
YONJIFNIS ME OF THE p1ARAC7Qt AND OCdIPY iXE P09710N5 WDIGA7ED OR 1H~T iHEY N1LL BE
SET IN TIOSE POSIPONS ON OR B60RE OECEYBQt 201], ANO 7HAT SA10 YONUNENTS ApE OR NiLL
BE SUFFIpQ1T TO ENABIE TiE SUR~EY RJ BE RE7ftACm. IHE GRO55 MEA X17HIN iHE iRAC7
IS 1286 ACRES. YORE OR lFSS.
S 1
PIEItOP~tl~N~1B1 D/¢" ~II
~oe~E`~t¢ REq5R2AlI0N E7~IRE5: DECEI/BEIi 31. 2011
~P.~~~<a;.
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qTY ENGINEER~S STA7FMETlT
1 HER~Y SiAIE T1AT I HAOE D(AI/iNEV 7HIS YAV AND 7HAT 7HE SIIBOIN90N AS SNONN HQiEOfi IS
SUBS7PN11ALLY 1HE SAYE AS IT APPEMm pV iNE 7FtlTATI~E NM AN~ ANY APPRObFD ALTEAAlI0N5
7VIEFEOG; THAT ALL PRONSIONS OF pIMTER 2 OF SUBqN9QV 2 OF P1lE 7 OF 7HE CAl1FOHNI~
GOVERld1FHi COOE (SUBqN90N NRP AC» M'p ANY LOCAL OflDIpANC6 AGRICA4E AT 111E 71YE Of
MPROVAL OF THE IENTAIiYE 4M X~YE B@l C~ONN/J/~y WTH/
.a!~/.L/ 7"/~-//
NARN A IjNUQt, R.C.E N0. 31853 OATE
att ENaNEER att oF DUBUN
IICQJSE E]~IRES: SFP7FlIBQt ](1~ 2011
PLANNING AIANAGER'S STA7EMENT
iH15 YAP CONFOF245 TO 1HE IENTA7I~E MAG AND CORRESPONDING CONDIlI0N5 ~5 MPRO~F.D BY 7HE
GLANNING COMM1590N ON 2011. THIS NAP HAS BEEN RENENED BY ME AND
1HE COIJDI11IX15 OF FPPROV1IL N~YE B@1 SR115FlED.
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.EFF Bu(dt o ''-
PLANNWG AUNAWt
591LS REPORT
A SdLS ANO CEOIECHNICAL INVE571GA1i0N RND REPORT ~A1FD SEP7EMBER 14, Y010,
.p8 N0. 7/29.ODI. W~VS PREPRRm BV BERLOGAR GE07ECHWG~1 CONSLLTPNiS AND
FlLED WITI TIE p1Y OG OUBUN, CMI~ORNIA
pN CLERK'S STAIE'AIFNT
i. CAROLINE S0T0, tltt CLQ2N ANO CIEPo( OF THE CWNpL OF iHE Cltt OF UUBUN,
CWNTY OF pIANEDA, STATE OF CAIJFIXtNIA, ~0 HER~Y STAIE 1H~T 1H15 FlNAL NM
ENTITLID 'lI7ACT 7656. SOPPFMO NOpIBORH00D 10', CONSIS7ING OF TNEL~E (t]) 9VFEiS,
THIS SfATfLENT BE1NG UPON 41FEf TMLI (2) MFAEOF. WAS PPESENim TO SAID COUNpL AS
PRONDm BY RESOIUTq! N0. AT A 11EEfING MEID ON ME
OAY OF 1011. N!D 1XAT SAN COUNqL q0
1HQiEUPON AYPROVE SrVD 4M AND DID AGCfPi, 9JBJECT TO INPROVEMENTS, ON BENALF
OF 7HE PUBIJC, 'EVAE' AN~ 'PSE', $HONH TIQiEUPdI /5 OEDICA7FD TO PUBIJC IlSE
I NRINEA SUIE RUT ALL ACREEEIF?!TS AND SUFETY AS REWIRED BY UW TO ACWNPANY
lNE R71HM FlNAL MM HA4E B@! APPROYID BY 7HE Q7Y CWNQL OF 7HE Cltt aF DUBIJN
AND ARE FlLED W YY OFFICE
P! WI7NE55 NHEPEOF.I XA6E l~RREUMO 4T YY HAt~ iHIS OAY OF
2011.
CAftOt1NE 5070~ qtt GIIiK AN~ QERI( OF 1HE
COUNdL OF 1HE q7Y OP WBl1N.
CWN7Y OF AU11mA. STAIE OF CMIiORNIA
CLERK OF 1HE BOAR~ ~ Sl1PEStVISORS STATEMENT
I, CRYSTAL HISHI~A q2AFF, CLFAN OF THE BOMD OF SUVQYNSORS OF 1HE COIINTY OF
ALAYEDA, STAIE OF CMIFORNIA, DO FER~Y SiATE, AS piECNED BF10W. 1HAT:
~ AN MPROVE- BOND NAS B@l FlLID Vd1H 7HE SUPQtN50R5 OF 7HE SAID
COUNtt AND STATE IN 7fiE ANOUNT OG S CONCtl710Nm FOR iHE
PAYIdENT OF ALL TA%ES AND ~EqAL ASSESSMEN75 COLLECIED AS TR%ES MHlpl
ARE NOW A lffN ACAINST 5/JD UND IXt ANY PMT TIFAEOF. BUT NOT tEr
PAYABIE, NID WAS WlY MPROVFD BY SAID BOMD W SND AllOUNT.
ALL TAXES AND SPEpAL 0.55ESAIEN75 COLLECIED AS T~%ES NAVE BFFN
^ PA10 AS CFRTIFlED BY 7HE TI7EASUf~R-TA% COLIECTON Of TF~ CWN7Y OF
ALANFDA
W WITNESS 1lNEREOF, I NA4E HpiELNTO $ET YY HAND TXIS ~1Y
a son.
CRYSTAL HIS A GR F
~~~ Oi 5 PEN SIXtS
CWNtt OF CL/JImR
SrA1E OF CALFdiNIA
ASSI5TANT q7Y ENqNEEFt~S STAIEMENT
I XEft~Y 5TATE 7HAT I HAYE IXANWm 7W5 YAP AND I AY SA715FlED TNAT T15 YAP IS
TEOINICALLY CORFECT.
PAl1L G KflUGER. R.C.E NQ 705B7 OAIE
~CiWG A595TqNT OlY FN4NEIIt, Cf1Y W DUBIW
UCQISE EI~IRES: Y~RCH J1. 201Y
BY:
DEPUiY QEFK '
TRACT 7656
SORRENTO
NEIGHBORHOOD 10
B~iG A 9U6DIVLRmP OP PARRI:IQ. 8
69 39071N ON 7BC YAP OP TRdC7 7882
P~HD Q7 H008 90B OP Y1PB AT PdGB 98.
OMCIIL ~C0~9 OY 1G1~1 CODNfY
CITY OF DUBLIN
ALAMEDA COUNTY, CAI.II~'ORNL1
RUGGERI-JEN3EN-AZAR & ASSOCUTES
CIVII. ENGMEII2S, PLANNERS, 9URVEYORS
PL8L91M9N. CIIlPO@711
WY EOll
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PARCEL 9
YRACJ 7982
309 M 9B
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PifSU IN BOOS 90D 4- Y1P9 1T PdG6 9B.
OFY6IdL f~0~9 OP 1W~1 COON~Y
C1TY OF DUBL[N
ALAMEDA COUNTY, CALIFORNIA
RUGGERI-dENSEN-AZAR & AS30CIATES
CIVII. ENGINEER9, PLANNERS, SURVEYORS
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IS TN(EN AS iHE BA45 OF BEAPINCS fOft 1X15 NAP.
LEGEND
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, ~TRACT 7656
' SORRENTO
NEIGHBORHOOD 10
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5 ~23
RESOLUTION NO. -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*******,~*
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7656, SORRENTO EAST-NEIGHBORHOOD 10
WHEREAS, the Final Map for Tract 7656, 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, Taylor Morrison of California, LLC, has executed and filed
with the City of Dublin a Tract Improvement Agreement for Tract 7656 to improve required
subdivision improvements in accordance with the Conditions of Approval for the Tentative Map,
and with the improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by cash deposits in the
amount of $97,000 for the public Tract 7656 improvements, in the amount of $1,130,000 for the
private Tract 7656 improvements, and in the amount of $140,000 for the public Tract 7982
improvements with Tract 7656, conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by cash deposits in the
amount of $97,000 for the public Tract 7656 improvements, in the amount of $1,130,000 for the
private Tract 7656 improvements, and in the amount of $140,000 for the public Tract 7982
improvements with Tract 7656, conditioned upon payment for labor performed or material
furnished under the terms of said Agreement; and
WHEREAS, certain Covenant and Deed Restriction recorded in the Official Records of
Alameda County on March 3, 2011, as Instrument No. 2011-79727 imposed certain obligations
on the Owner with respect to securing the completion of improvements specified for Parcel 5 of
Tract 7982; and
WHEREAS, with respect to Parcel 5, sufficient security has been provided to ensure that
the obligations with respect to said Parcel 5 will be satisfied;
NOW, THEREFORE, BE IT RESOLVED that said agreement and cash deposits are
hereby approved.
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby
authorized to execute the Release of Covenant and Deed Restriction with Respect to Parcel 5
of Tract 7982, attached hereto as Exhibit "B."
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."
ATTACHMENT 3 •
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BE IT FURTHER RESOLVED that the Final Map of Tract 7656 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 19th day of July, 2011, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-East\Tract 7983-Neighborhood 11\Reso FM 7983.doc
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CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 7656
This agreement is made and entered into this day of , 2011, by and between
the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
, a Corporation hereinafter referred to as
"DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that DEVELOPER, the subdivider of Tract No. 7656, desires to improve those
improvements (hereafter "The Improvements") required by City of Dublin Planning Commission
Resolution No. 10-09 adopted on March 9, 2010 for Tract 7893 and the improvement for removing the
left turn pocket and completing the median across the former Capoterra Way intersection including
the frontage curb & gutter, landscaping the Lockhart Street median between Palermo Way and
Central Parkway, and landscaping along the eastern frontage of Lockhart Street between the Park
entrance and Central Parkway, as required for Tract 7982 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 7656, Sorrento East- Neighborhood 10, Phase 1 prepared by
Ruggeri-Jensen-Azar dated July 1, 2011 with any modifications required for City approval;
• Landscape Plans, Tract 7656, Sorrento East - Neighborhood 10, Phase 1 prepared by R3
Studios dated June 21, 2011 with any modifications required for City approval;
• Joint Trench Composite & Street Lighting Plans for Tract 7656, Sorrento East - Neighborhood
10, Phase 1 prepared by RGA Design, LLC dated July 1, 2011 with any modifications required
for City approval;
• Improvement Plans, Tract 7982, Sorrento East prepared by MacKay & Somps and signed by
the City Engineer on March 15, 2011;
• Landscape Plans, Tract 7982, Sorrento East - Backbone Improvements prepared by R3
Studios dated May 12, 2011 with any modifications required for City approval;
• Joint Trench Composife & Street Lighting Plans for Sorrento East - Tract 7892 prepared by
RGA Design, LLC dated May 18, 2011 with any modifications required for City approval; 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:
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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.
The estimated cost of constructing The Improvements required by this agreement is agreed to
be as follows:
• Tract 7656 Public Improvements $ 97,000
~ Tract 7656 Private Improvements, Phase 1 $1,130,000
• Tract 7982 Public Improvements constructed with Tract 7656 $ 140,000
Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing
the obligation secured.
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:
A. 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.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a
company duly and legally licensed to conduct a general surety business in the State of California, or
an instrument of credit equivalent to 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 therefor.
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 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
C1TY. All requirements herein provided shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier.
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A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ("occurrence" form CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1"any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the State
of California and Employers Liability Insurance,
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than:
1) General Liabilitv: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance
or other form wifh 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 Liabilitv: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3) Workers' Compensation and Employers Liabilitv: Workers' compensation
limits as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of the CITY, either
the insurer shall reduce or eliminate such d~ductibles or self-insured retentions as respects
the CITY, its o~cers, officials and employees; or the DEVELOPER shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions: ~ ,
1) General Liabilitv and Automobile Liabilitv 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,
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employees or volunteers shall be excess of the DEVELOPER's
insurance and shall not contribute with it.
c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees or
volunteers.
d) The DEVELOPER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability. ~
2) Workers' Compensation and Emplovers Liabilitv Coveraqe.
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.
a) Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than A:VII.
b) Verification of Coveraqe. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for
each insiarance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and
endorsements are to be received and approved by the CITY before
work commences. The CITY reserves the right to require complete,
certified copies of all required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under. its policies
or shall obtain separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
4. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all
work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and
devices of whatsae~[er 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
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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, or 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. Aqreement Assiqnment.
Tiiis Agreement shall not be assigned by DEVELOPER without the written consent of CITY,
which consent shall be granted or withheld in the manner described in Section 17 of the Development
Agreement between the City of Dublin and Structured Lot Options l, LLC for Sorrento East at Dublin
f?anch, dated August 7, 2007.
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 of the work, or any severable part thereof, or fails to
complete such work within the time specified herein, with such diligence as will insure its completion
within the time specified, or any extension thereof, or fails to obtain completion of said work within
such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment
for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or
any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the
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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.
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 propertybelonging to DEVELOPER
as may be on the site of the work and necessary therefor.
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:
Mark Lander, City Engineer -
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
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.
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.
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9. Safetv Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory
signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary
to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and
maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other
safety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shown
on the plans and included in the items of work) shall be removed from site of the work by the
DEVELOPER, and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of The Irnprovements and the delivery of a set of final as-built
plans to CITY by DEVELOPER, C1TY, 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. City shall release any and all security
provided by DEVELOPER in the manner described in Section 66499.7 of the Subdivision Map Act.
[The City will not accept the Private Improvements and a warranty bond will not be needed for these
Improvements.]
11. Patent and Copvriqht 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.
13. Liability.
A. DEVELOPER Primarilv 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:
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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) Desiqn 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) Litiqation 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.
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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:
Mayor
ATTEST:
CITY Clerk
DEVELOPER
Taylor Mor son of Ca ifornia, LLC
.
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By:
Jim ' on, ~ e resident, Land Resources
G:IDEVELOPMENT, PRIVATEIDublin RanchlSorrento-EastlTract 7656-Neighborhood 101Tract 7656 Tract Improvement Agmeement .doc
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Recording requested by and when
recorded mail to:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Clerk
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
Space above this line for Recorder's use.
RELEASE OF COVENANT AND DEED RESTRICTION
FOR PARCEL 5 OF TRACT 7982
WHEREAS, SR Structured Lot Options I, a Delaware limited liability company
("the Owner"), caused to be recorded in the Official Records of Alameda County that
certain Covenant and Deed Restriction ("the Covenant"), recorded on March 3, 2011,
as Instrument No. 2011-79727 and affecting the real property delineated as Parcels 1,
2, 3, 4, 5, 6, 7, 8, 9 and 10 of Tract Map 7982 recorded in the Official Records of
Alameda County on March 3, 2011, as Instrument No. 2011-79726 ("the Tract Map") in
order to secure completion of certain improvements required as conditions of the City of
Dublin's approval of the Tract Map; and
WHEREAS, said Covenant imposed certain obligations on the Owner with
respect to securing the completion of improvements specified for each of the ten
individual parcels created by the Tract Map; and
WHEREAS, Said Covenant provides that the City shall release the Covenant in
whole or in part as to one or more of the individual parcels upon the effectiveness of a
Tract Improvement Agreement and accompanying security relating to the parcels or to
any individual parcel; and
WHEREAS, with respect to said Parcel 5, the owner has entered into a Tract
Improvement Agreement and has provided sufficient security to ensure that it will satisfy
its obligations with respect to said Parcel 5; and
WHEREAS, Owner has requested, and City wishes to release the Covenant with
resepect to Parcel 5.
NOW THEREFORE, the City hereby releases the Covenant with respect to said
Parcel 5, except as otherwise provided herein, or in any other Release of Covenant and
Deed Description submitted by the City and recorded in the Official Records of Alameda
County, all other provisions of the Covenant shall remain in full force and effect.
EXHIBIT~
To the Resolution
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Dated: CITY,
City of Dublin,
a municipal corporation
By: Joni Pattillo
Its: City Manager
ATTEST:
By:
Its: City Clerk
SIGNATURES MUST BE NOTARIZED.
G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-East\Tract 7983-Neighborhood 11\Release of Covenant and Deed
Restriction.doc
RESOLUTION NO. - 11 I Z~ a3
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*~*****~*
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS
FOR LANDSCAPE FEATURES WITH TRACT 7656
WHEREAS, a Vesting Tentative Map for Tract 7656 and Site Development Review for
Sorrento East was approved by Planning Commission Resolution 10-09 on March 9th, 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 the 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 7656 attached hereto as
Exhibit "A," which will be recorded against the property concurrently with the Tract 7656 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 19th day of July, 2011, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-East\Tract 7983-Neighborhood 11\Resolution Loi ATTAC H M E NT
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AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN TRACT 7656 ,
SORRENTO EAST - NEIGHBORHOOD 10
THIS.AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 7656 ("Agreement") is made between the City of Dublin ("City")
and Taylor Morrison of California, LLC ("Owner").
1. Pro er : The subject property is Tract 7656 as filed in Book of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Develoner: Owner is the owner of Tract 7656, Sorrento East- Neighborhood 10,
("Proj ect").
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 in Tract 7656; Lee Thompson Street, Central Parkway, and
Lockhart Street (collectively, the "Landscape Features"). Construction details for
these Landscape Features are shown on the Landscape Plans for Tract 7656,
Sorrento East- Neighborhood 10 prepared by R3 Studios and approved by the
City. •
4. Encroachment Permit: Owners shall apply to the City for an encroachment
permit for work to be performed pursuant to this Agreement. The City must grant
the encroachment permit for all work to install, operate and maintain the
Landscape Features improvements and all the conditions imposed by the City
must be consistent with the provisions of this Agreement. If there is a conflict
between any provisions of this Agreement and the encroachment permit, the
provisions of this Agreement shall prevail over the conditions of the
encroachment permit.
5. Ownership: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, monuments, etc.
6. O~erations and Maintenance: Owners shall maintain and repair all the
Landscape improvements, including all frontage and island landscape plantings,
irrigation, and sidewalks 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
.
. 1 EXHIBIT
To the Resolution
C7~lJ ~~i
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 and any other features 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 irisured.
,
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 Feature and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity, and are appurtenant to the
Property.
11. Right to Assi~n: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Tract 7893 or to a successor in interest of Owners with respect to all or a portion
of the Project; provided, however, that no such assignment of Owners' rights
interests and obligations under this Agreement shall occur without prior written
notice to the City and written approval by the City Manager, which approval shall
not be unreasonably withheld, conditioned or delayed. The City Manager shall
consider and decide on any assignment within ten (10) days after Owner's notice
thereof, provided all necessary documents and other information are provided to
the City Manager to enable the City Manager to assess the assignment.
12. Successors and Assigns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to the "Owner" in this Agreement shall be deemed to refer to and
include Taylor Monison of California, LLC and all successors and assigns Taylor
Morrison of California, LLC including but not limited to the Tract 7656 Home
Owner's Association.
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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: Taylor Morrison of California, LLC
1180 Iron Point Road, Suite 100
Folsom, CA 94568
Attn: Jim Jimison, VP of Land Acquisition and
Development
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. Partial Invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the
--intent and economic effect of the. invalid or unenforceable provision.
16. Entire A~reement. 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.
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Dated this day of ,.201 l.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
Name:
Title:.
OWNERS: '
Taylor Mo ison of alifornia, LLC
~ ~
By:
Jim Jimison, Vice President, Land Resources
Authorized Representative
C.•IDEVELOPMENT, PRIVATEIDublin RanchLSorrento-EastlTract 7983-Nerghborhood IIILong Term Encroachment Agree TracT 7983.doc
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RESOLUTION NO. -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTING PARK LAND DEDICATION CREDITS
FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7656
(SORRENTO EAST-NEIGHBORHOOD 10 (NORTH) SR STRUCTURED LOT OPTIONS I, LLC)
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 subdivider of the property, SR Structured Lot Options I, LLC (Developer),
is filing Tract 7656 Final Map which will create 57 residential lots for development; and
WHEREAS, the Park Land requirements for the project based on the requirements of the
Municipal Code and the designated land use for Tract 7656 are 1) Dedication of 0.399 acres of
Community Park Land or payment of Community Park Land In-Lieu Fees, and 2) Dedication of
0.171 acres Neighborhood Park Land or payment of Neighborhood Parkland In-Lieu Fees; and
WHEREAS, Developer has possession of credits for 0.399 acres of Community Park Land
credits, which the Developer desires to have applied to fully satisfy the Community Park Land
obligation for Tract 7656; and
WHEREAS, Developer has possession of credits for 0.171 acres of Neighborhood Park
Land credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park
Land obligation for Tract 7656.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.399 acres
Community Parkland Credits and 0.171 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 19th day of July, 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
~
ATTEST:
Mayor
City Clerk
G:~DEVELOPMENT, PRNATE~Dublin Ranch\Sorrento-East\Tract 7656-Neighborhood lO~Reso~arkland dedicai ATTA C H M E N T 5'~