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HomeMy WebLinkAboutItem 4.2 Western Pac Housing Tr 7667or 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL November 19, 2013 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -60 SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long -Term Encroachment for Landscape Features, and Acceptance of Park Land Dedication In -Lieu Credits for Tract 7667, Esprit at Dublin Station (Western Pacific Housing, Inc.) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: Western Pacific Housing, Inc., is filing a Final Map for Tract 7667 (Esprit at Dublin Station) to create two (2) individual lots for condominium purposes for the construction of 105 townhouse units. Tract 7667 is bounded on the west by Iron Horse Parkway, the south by Martinelli Way, the east by Campus Drive, and the north by Dublin Boulevard. FINANCIAL IMPACT: Park land dedication requirements based on 105 townhouse units are proposed to be satisfied with Park Land credits. The developer has signed an Improvement Agreement and has posted bonds to guarantee the construction of public streets and other tract improvements within Tract 7667. The Performance Bond and Labor & Materials Bond amounts for construction of the tract improvements are summarized in the table below. The developer will also be responsible for all construction inspection costs related to the tract improvements required for Tract 7667. Bond Bond Number Amountof.Bond , Performance 21 BSBGP4665 $1,939,000 Labor & Materials 21 BSBGP4665 $1,939,000 The developer will be responsible for maintaining the project - related landscape features within the public right -of -way. Once established, the developer may assign this responsibility to the Homeowners' Association for Tract 7667. After acceptance of the improvements, the City will incur maintenance responsibility and costs for all remaining public improvements surrounding Tract 7667. Estimated annual maintenance costs will be provided at the time these improvements are accepted by the City. Page 1 of 3 ITEM NO. 4.2 RECOMMENDATION: Staff recommends that the City Council adopt Resolution Approving Final Map and Tract Improvement Agreement for Tract 7667, Esprit at Dublin Station; adopt Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 7667, Esprit at Dublin Station; and adopt Resolution Accepting Parkland Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 7667, Esprit at Dublin Station. Submit ed By Public Works Director DESCRIPTION: Western Pacific Housing, Inc. create 2 lots for condominium (Attachment 1). a I " Submitted By \ ' Administrative Services Director Reviewed y Assistant City Manager is filing a Final Map for Tract 7667, Esprit at Dublin Station to purposes for the future development of 105 townhouse units The Final Map for Tract 7667 vacates the most easterly ten foot wide strip of public right -of -way on Iron Horse Parkway and a two to four foot wide strip of public right -of way along the west side of Campus Drive. In accordance with Section 66436(a)(3)(A)(i) and (ii) of the Subdivision Map Act, all public utilities were notified of the proposed abandonment and given thirty days to provide comments. The City received one comment from AT &T that was subsequently resolved to their satisfaction. No other comments were received during the thirty day review period. The Final Map for Tract 7667 also vacates a public service easement and sidewalk easement along the project's Dublin Boulevard frontage. New public service easements and sidewalk easements are being dedicated with the Final Map along Dublin Boulevard to replace the vacated easements and on Iron Horse Parkway at the intersections with Dublin Boulevard and Martinelli Way. The Final Map for Tract 7667 will also establish Esprit Way, North Esprit Loop and South Esprit Loop as Private Streets within the development. Emergency vehicle easements are being dedicated over the private streets to allow access for emergency responders. The Final Map for Tract 7667 has been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 10- 38 on August 24, 2010. The Developer has submitted an executed Tract Improvement Agreement, together with the required Performance and Labor & Material Bonds. The Agreement for Long Term Encroachment for Landscape Features for Tract 7667 provides for the developer to maintain project - related landscape features within the public rights -of -way, including planter strips, sidewalks, and street trees. Once established, the developer may assign this responsibility to the Homeowners' Association for Tract 7667. Staff has prepared a Resolution Approving Final Map and Tract Improvement Agreement for Tract 7667, Esprit at Dublin Station (Attachments 2 and 3) and a Resolution Approving the Page 2 of 3 Agreement for Long Term Encroachment for Landscape Features for Tract 7667, Esprit at Dublin Station (Attachments 4 and 5). 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. Western Pacific Housing, Inc., proposes to use Community Park Land and Neighborhood Park Land Credits to satisfy both its Community Park Land and Neighborhood Park Land dedication obligations. The following table shows how Western Pacific Housing, Inc., will satisfy the Parkland requirements for Tract 7667: The calculations of the acreage required or in -lieu fees have been determined in accordance with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the requirements and how Western Pacific Housing, Inc. will achieve compliance (Attachment 6). 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 Western Pacific Housing. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7667 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 7667, Esprit at Dublin Station 3. Exhibit "A" to Resolution, Improvement Agreement 4. Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 7667, Esprit at Dublin Station 5. Exhibit "A" to Resolution, Agreement 6. Resolution Accepting the Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 7667, Esprit at Dublin Station Page 3 of 3 Dedication Requirement Fees In -Lieu of Dedication Western Pacific Housing Compliance Community Park Land 0.735 acres $778,365 Use of park acreage credits Neighborhood Park Land 0.315 acres $400,575 Use of park acreage credits The calculations of the acreage required or in -lieu fees have been determined in accordance with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the requirements and how Western Pacific Housing, Inc. will achieve compliance (Attachment 6). NOTICING REQUIREMENTS /PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this report have been provided to Western Pacific Housing. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7667 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 7667, Esprit at Dublin Station 3. Exhibit "A" to Resolution, Improvement Agreement 4. Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 7667, Esprit at Dublin Station 5. Exhibit "A" to Resolution, Agreement 6. Resolution Accepting the Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 7667, Esprit at Dublin Station Page 3 of 3 C.I'�-�f PLANNING MANAGER'S STATEMENT: TRACT7667 THIS MAP CONFORMS TO THE VESTING TENTATIVE MAP AND CORRFSPONDINGCONDNIONS AS APPROVED BY THE FOR CONDOMINIUM PURPOSES PLANNING COMMISSION. FHIS MAP HAS BEEN REVIEWED BY MEAND THE CONDITIONS OF APPROVAL HAVE BEE14 �ION OF PARCEL 1, AS SHOWN ON PARCEL MAP 7892, RECORDED SATISFIED. IN BOOK 280 OF PARCEL MAPS, DATED: AT PAGES 83 THROUGH 85, AND AS CORRECTED BY JEFF BAKER, —PUNNING RA—ANAGER CERTIFICATE OF CORRECTION SERIES No. 2008-129297 .OUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA CnY CLERK'$ STATEMENT: MACKAY& SCIOPS 1, CAROLINE —SOTOCVrY CLERK AND CLERK OF THE COUNCIL OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF 11*11F111 I Mmls CALIFORNIA, DO HEREBY STATE THAT THE HEREIN EMBODIED FINAL MAP ENTITLED: -TRACT 7667 FOR CONDOMINIUM -le ­L)N DR, lA -5e Plb)M-l- PURPOSES, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA', CONSISTING OF FOUR (4) SHEETS, THIS STATEMENT BEING OCTOBER, 2013 UPON SHEET ONE (1) THEREOF, WAS PRESENTED TO SAID COUNCIL AS PROVIDED BY RESOLUTION NO. AT A MEETING HELD ON THE _DAY OF —. 2013, AND THAT SAID COUNCIL DID THEREUPON APPROVE SAID FINAL MAP, AND DID ACCEPT, SUBJECT TO IMPROVEMENTS, ON BEHALF OF THE PUBLIC, THE PUBLIC SERVICE VICINITY MAP EASEMENT (PSE, AND THE EMERGENCY VEHICLE ACCESS EASEMENT (EVAE), AND SIDEWALK EASEMENT (SWE). ,o5i, SAID COUNCIL. ALSO, PURSUANT TO SECTION 66434(g) OF THE SUBDIVISION IMP ACT THE CITY OF DUBLIN DOES HEREBY ABANDON AND VACATE IN ITS ENTIRETY THE FOLLOWING: 1, ALL OF THE 10' WIDE PUBLIC SERVICE EASEMENT (PSE) AND SIDEWALK EASEMENT (SWE)ALONG DUBLIN BOULEVARD, DEDICATED 014 PARCEL MAP 7395, RECORDED IN BOOK 254 OF PARCEL MAPS, PAGES 28 THROUGH 37, ALAMEDA COUNTY RECORDS. 2. THE MOST EASTERLY 10 FOOT WIDE STRIP OF IRON HORSE PARKWAY AS DELINEATED ON SHEET 2 OF THIS MAP, DEDICATED ON PARCEL MAP 7396, FILED IN BOOK 254 OF PARCEL MAPS, AT PAGES 28 THROUGH 37, ALAMEDA COUNTY RECORDS 3. THE MOST WESTERLY STRIP OF CAMPUS DRIVE AS DESIGNATED ON SHEET 2 OF THIS TRAP, DEDICATED ON PARCEL SITE MAP 7892, FILED IN BOOK 280 OF PARCEL MAPS, AT PAGES 83 THROUGH 85, ALAMEDA COUNTY RE-CORDS. BLVD FUR THER STATE THAT ALL AGREEMENTS AND SURETY AS REQUIRED BYLAW TO ACCOMPANY THE WITHI N FINAL MAP HAVE BEEN APPROVED BY THE CITY COUNCIL OF THE CITY OF DUBLIN AND ARE FILED IN MY OFFICE IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS DAY OF 2013, STATE HIGHWAY ROUTS 580 CAROLINE SOTO CITY CLERK AND CLERK OF THE CITY COUNCIL OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA =EF °S STATEMENT: CLERK OF _T11EB0ARD qF SUPISRV!SORV STAT LENT.- AVE EXAMINED THIS FINAL MAP ENTITLED 'TRACT 7667 FOR CONDOMINIUM PURPOSES, CITY OF STATE OF CALIFORNIA) I'll COUNTY OF ALAMEDA) ]LINTY, CAUFORNIA7, AND THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME As 11 iPPROVED VESTING TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; AND THAT ALL E BOARD OF SUPERVISORS FOR THE COUNTY OF ALANIEDA, STATE OF STATE LAW AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING 1, CHERYL PERKINS, ASSISTANT CLERK OF FIT BEEN COMPLIED WITH. CALIFORNIA, DO HEREBY STATE, AS CHECKED BELOW, THAT: ❑ AN APPROVED BOND HAS BEEN FILED WITH THE SUPERVISORS OF SAID COUNTY AND STATE IN THE AMOUNT OF DATED: CONDITIONED FOR THE PAYMENT OF ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES, TT—CN—GIiTffR--- APPROVED BY SAID LOCAL BOARD IN SAID AMOUNT TRES JUNE 30, 2015 MEDA COUNTY, CALIFORNIA ❑ ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES HAVE BEEN PAID AS CERTIFIED BY THE TREASURER-TAX COLLECTOR OF THE COUNTY OF ALAMEDA. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS -­ DAY OF 2013. 34STANT_gITY _ENGNEEWS--STATEM—��—N'6: CHERYL PERKINS ,T I HAVE EXAMINED THIS FINAL. MAP ENTITLED 'TRACT 7667 FOR CONDOMINIUM PURPOSES, CITY OF ASSISTANT CLERK OF THE BOARD OF SUPERVISORS )UNTY, CALIFORNIA", AND I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT. COUNTY OF ALAMEDA, STATE OF CALIFORNIA ASSISTANT ­ —CITY ENGINEER DATED: _ 2013 BY: —DEPUTY CN—NT—CLERK 'LRES DECEMBER 31, 2014 NEDA COUNTY, CALIFORNIA cqugy REcoKDERs sTArEmEmT. FILED FOR RECORD THIS _DAY OF — 2013 AT IN BOOK -- OF MAPS AT I'S STATEMENT' PAGES THROUGH U14DER SERIES NO, 200 AT THE REQUEST OF FIRST AMERICAN —TITLE COMPANY IN THE OFFICE --6F THE COUNTY RECORDER OF THE COUNTY ALAMEDA, STATE OF FE :PARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE CALIFORNIA. MENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF DR HORTON SAY 13. ] HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO FIE CONDITIONALLY FEE: WE MAP, AND THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND I HAT THE GROSS AREA IS 4.180 ACRES, MORE OR LESS. PATRICK GCONNELL RECORDER IN 11111) IN I HE 10IJOY GATED: 2013 OF ALAMEDA, STATE OF CALIFORNIA ND,319) 0 LRES: MARCH 31, 2014 EXP. 3/51/14 BY: 0 SHEET 1 OF 4 IL I - i THIS MAP. o N88'46 I r4 W4 10.00i BNDY I -J) pm- N" * 46q'3S'W 3�6.0p 0' -NIOST WESTERLY STRIP OF In CAMPUS DRIVE VACATED BY THIS AAP C' 1 ,358 SF — 91.90' BNDY 46'-- 50, (R-I)–r-- 38, N31'35'05"E 7.91' BNDY 41' 51' th 11'13'25"T 832.31' M-M (R-1) 94, RIF—FIR dm. PARCEL MAP 7892 BK. 280 PG. 83-85 ALAMEDA COUNTY RECORDS TRACT 7525 BK. 279 PG. 97-100 ALAMEDA COUNTY RECORDS i PARCEL MAP 7395 BK. 254 PG. 28-37 ALAMEDA COUNTY RECORDS CERTIFICATE OF CORRECTION SERIES NO. 2008-129297, ALAMEDA COUNTY RECORDS (R-5) PARCEL MAP 7893 SK. 308 PG. 64-67 ALAMEDA COUNTY RECORDS MIUNDR-1. THE LANDS INCLUDED IN THIS TRACT MAP ARE SUBJECT To THE F011OWING TERMS, PROVISIONS, EASEMENTS, AND EXCEPTION& 1. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED AUGUST 4, 1997 AS INSTRUMENT NO. 97-194235 OF OFFICIAL RECORDS 2. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTFM AGREEMENT FOR THE MRIGATION OF DEVELOPMENT IMPACTS UPON THE SCHOOL FACIUMES OF THE DUBLIN UNIFIED SCHOOL DISTRICT RECORDED OCTOBER 18, 2005 AS INSTRUMENT NO. 2005448472 OF OFFICIAL RECORDS 3. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED DEVELOPMENT AGREEMENT RECORDED MARCH 10, 2006 AS INSTRUMENT NO. 2006090936 OF OM- CAL RECORDS DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED DECEMBER 23, 2010 AS INSTRUMENT NO. 2010386287 OF OFFICIAL RECORDS 4. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED MEMORANDUM OF AGREEMENT RECORDED MARCH 20, 2007 AS INSTRUMENT NO. 2007111802 OF OFFICIAL RECORDS 5. OIL, MINERALS OR GAS AS EXCEPTED IN THAT CERTAIN DEED FROM THE UNITED STATES OF AMERICA, RECORDED ON AUGUST 4 1997 AS DOCUMENT No. 97194235, ALAMEDA COUNTY THE BEARING OF NORTH 01'13*25* CAST ALONG IRON HORSE PARKWAY BETWEEN FOUND MONUMENTS AS SHOWN ON PARCEL MAP 7892, FILED IN BOOK 280 OF PARCEL MAPS AT PAGES 83 THROUGH 85, ALAMEDA COUNTY RECORDS, WAS USED AS THE BASIS OF BEARINGS FOR THIS TRACT MAP. LEGEND N88'16'05'W 664,23' M-M (R-1)(R3) —(64.50 BOUNDARY LINE 53. ) 7.02, A7 -M N2°5W21 EASEMENT LINE ............ 36.60' MONUMENT LINE -- —,--34.45' 1145'50107"W BADY STAMPED IS 5797° BNDY BOUNDARY CL LI 88 61, 35 D( EXlSflNG IB 36.00' MONUMENT ID MONUMENT PM PARCEL MAP PAE PRIVATE ACCESS EASEMENT PSE PUBLIC SERVICE EASEMENT DSRSD DUBLIN SAN RAMON SERVICES DISTRICT EVAE 2 SWE SIDEWALK EASEMENT (R) RADIAL BEARING ROW RIGHT OF WAY ( ) PULLBACK DISTANCE 24 RECORD DATA Q3 v RMOST WESTERLY STRIP OF CAMPUS VACATED /�—DREVE BY TH IS MAP. 1,358 SF PARCEL 2 (R-1) I SEE SHEET 3 AND 4 FOR EASEMENT NFORMARON 2'. MONUMENT TIES ARE PERPENDICULAR TO THE MONUMENT UNE UNLESS OTHERWISE NOTED. PURSUANT TO ARTICLE 2, SECTION 6643&� OF THE SUBDIVISION MAP ACT, THIS MAP SHALL CONSTITUTE THE � ABANDONMENT IN ITS ENTIRELY WITHIN THE BOUNDARIES OF THIS MAP: 1. ALL OF THE 10' WIDE PUBLIC SERVICE EASEMENT (PSE) AND SIDEWALK EASEMENT (SWE) ALONG DUBLIN BOULEVARD DEDICATED ON PARCEL MAP 7395, RECORDED IN BOOK 254 OF PARCEL MAPS, PAGES 28 THROUGH 37, ALAMEDA COUNTY RECORDS. 2. THE MOST EASTERLY 10 FOOT WIDE STRIP OF IRON HORSE PARKWAY AS DELINEATED ON THIS MAP. 1 THE MOST WESTERLY STRIP OF CAMPUS DREVE. AS DEL-INEATED ON IL I - i THIS MAP. o N88'46 I r4 W4 10.00i BNDY I -J) pm- N" * 46q'3S'W 3�6.0p 0' -NIOST WESTERLY STRIP OF In CAMPUS DRIVE VACATED BY THIS AAP C' 1 ,358 SF — 91.90' BNDY 46'-- 50, (R-I)–r-- 38, N31'35'05"E 7.91' BNDY 41' 51' th 11'13'25"T 832.31' M-M (R-1) 94, RIF—FIR dm. PARCEL MAP 7892 BK. 280 PG. 83-85 ALAMEDA COUNTY RECORDS TRACT 7525 BK. 279 PG. 97-100 ALAMEDA COUNTY RECORDS i PARCEL MAP 7395 BK. 254 PG. 28-37 ALAMEDA COUNTY RECORDS CERTIFICATE OF CORRECTION SERIES NO. 2008-129297, ALAMEDA COUNTY RECORDS (R-5) PARCEL MAP 7893 SK. 308 PG. 64-67 ALAMEDA COUNTY RECORDS MIUNDR-1. THE LANDS INCLUDED IN THIS TRACT MAP ARE SUBJECT To THE F011OWING TERMS, PROVISIONS, EASEMENTS, AND EXCEPTION& 1. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED AUGUST 4, 1997 AS INSTRUMENT NO. 97-194235 OF OFFICIAL RECORDS 2. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTFM AGREEMENT FOR THE MRIGATION OF DEVELOPMENT IMPACTS UPON THE SCHOOL FACIUMES OF THE DUBLIN UNIFIED SCHOOL DISTRICT RECORDED OCTOBER 18, 2005 AS INSTRUMENT NO. 2005448472 OF OFFICIAL RECORDS 3. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED DEVELOPMENT AGREEMENT RECORDED MARCH 10, 2006 AS INSTRUMENT NO. 2006090936 OF OM- CAL RECORDS DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED DECEMBER 23, 2010 AS INSTRUMENT NO. 2010386287 OF OFFICIAL RECORDS 4. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED MEMORANDUM OF AGREEMENT RECORDED MARCH 20, 2007 AS INSTRUMENT NO. 2007111802 OF OFFICIAL RECORDS 5. OIL, MINERALS OR GAS AS EXCEPTED IN THAT CERTAIN DEED FROM THE UNITED STATES OF AMERICA, RECORDED ON AUGUST 4 1997 AS DOCUMENT No. 97194235, ALAMEDA COUNTY THE BEARING OF NORTH 01'13*25* CAST ALONG IRON HORSE PARKWAY BETWEEN FOUND MONUMENTS AS SHOWN ON PARCEL MAP 7892, FILED IN BOOK 280 OF PARCEL MAPS AT PAGES 83 THROUGH 85, ALAMEDA COUNTY RECORDS, WAS USED AS THE BASIS OF BEARINGS FOR THIS TRACT MAP. LEGEND BOUNDARY LINE LOT LINE /PARCEL UNE EXISTING RIGHT OF VlAY/PROPFRTY LINE EASEMENT LINE ............ . EASEMENT TIE LINE MONUMENT LINE FOUND CITY OF DUBLIN MEET MONUMENT STAMPED IS 5797° BNDY BOUNDARY CL CENTERLINE D( EXlSflNG M-M MONUMENT ID MONUMENT PM PARCEL MAP PAE PRIVATE ACCESS EASEMENT PSE PUBLIC SERVICE EASEMENT DSRSD DUBLIN SAN RAMON SERVICES DISTRICT EVAE EMERGENCY VEHICLE ACCESS EASEMENT SWE SIDEWALK EASEMENT (R) RADIAL BEARING ROW RIGHT OF WAY ( ) PULLBACK DISTANCE (R-4) RECORD DATA Q3 Curve Table L Line Table L Line Table Curve 9 R Radius D Delta L Length L Line 0 B Bearing L Length L L-. H R RcsmD L Length Cl 5 5.50' 4 45'00'00" 4 4.32' L Li N N46'13'25'E 9 9.04' L L41 \ \11-13'25`E 5 5.46' G2 5 5.50' 4 45*00'00' 4 4.32' L L2 N N88'46'36'W 2 29.89' L L42 N N88'46'35"W 3 3.00' C3 5 5150' 4 45'00'00' 4 4.32' L L3 N N43'46'35 'W 9 9.04' L L43 N N88 *46'35 'W 4 4,00' G4 1 14,50' 9 90'00'00' 2 22.78' L L4 N N88'46'35 'W 2 20.41' L L44 N N88'46'35 1V 4 4.00' 15 6 6.50' 8 86'09'01' 9 9.77' L L5 R R116-13-15" 9 9.04- L L45 N N1 '13'25' GO 1 1.50' 9 93'50'59' 2 2.46' _ _L6 N N'1'13'25'E 3 39.51' L L46 N N88'46'35'W 2 25.00' C7 1 1,50' 9 90'00'00' 2 2.36' L L7 I IN ' 13 '25' E 1 1.71. L L47 N Nl'13'25"E 1 17.46' 08 1 1.50' 9 90'00'00' 2 2.36' L LB N N88'46'35"W 5 51.75' 1 1-48 N N88'46'35'W 2 2.75' GO 1 1.50' 9 98'10'09' 2 2.57' L L9 I Ill 'l 3'25 " E 2 2.75' L L49 N N1 '13'25'E 1 17.50' 010 6 6,50' 8 81*49'51" 9 9.28' L L10 N N88'46'35 1V 1 17.50' L L50 N N88'46'35'W 2 2,75' Gil 1 14.50' 9 90'00'00" 2 22.78' L Lll N NI'13'25"E 2 2.75' L L51 N N88'46'35"IN 2 2.75' 012 5 5.50' 4 45'00'00 4 4 32' L L12 1 1488'46'35's 7 73.63' L L52 N N88'46'35 'W 3 37.71' 013 6 6.50' 8 81'50'05' i ii-I L L13 N NI'13'25"E 1 1.75' L L53 N N46'13'25"E 1 16.36' G14 9 "50' 9"'0 07" 2 2.57' 1 114 N NI'13'25'E 3 39.55' L L54 N NI'13'25"E 1 16.72' cis 9 90°00'00° 2,36' L L15 M M43'46'35 " VV 9 9,04' L L55 N N84 5 44"E 1 12.84' -- " 1 - s" - R ' D�' 2 - L16 M M88'46'35"VO 4 40.41' L L56 N N7 '13'25'E 7 7.08, --- - - 1 93°51'22" 2 - L17 M MI*13'25'E 2 29.92' L L57 N N88'46'35"VV 7 7.75' GIB 6 6.50' 8 86'27'03' 9 9.811 L L18 N N1'13'25"E 1 1.75' L L58 N NI'13'25'E 1 13.23' C19 9 9.50' 7 74'57'32" 1 12.43' L L19 N N88'46'35'W 7 73.63' L L59 m N N46'13'25'E 9 9,29' C20 0 0.50' 1 105'02'28" 0 0.92' L L20 N N1'13'25'E 2 2.75' L L60 N N88'46'35'W 3 34.63' C21 1 1.50' 9 90'00'00" 2 2.36' L L21 1 1488'46'35'W 1 17.50' L L61 N N88*46'35'Vi 2 29,73' C22 1 1.50' 9 90'00'00" 2 2.36' L L <2 I IN' 1 ' 13'25 " E 2 2.75' L L62 N N88'46'15 " 11 1 1 C23 0 0.50' 1 107'31'W L 0�94' N D N._46, 51.75' L L63 N N1 '13'25"E 2 24.00- 024 9 9.50' 7 72'28'14" 1 12.02' L L24 N N1 '13'25'E 1 1.75' L L64 N NBB'46'35"4i 1 17.50' G26 1 14.50' 8 84'49'18" 2 21.46" L L25 N N1 '13'25"E 3 33.48' L L65 N N1 '13'25"E 1 12.50' C26 1 1.50' 9 95'10'42' 2 2,49' L L26 N N1'13'25"E 1 1.75' L L66 N N88*46'35'W 1 17.50- 027 1 1.50' 9 90'00'00' 2 2.36' L L27 N N88'46'35'al 5 51.75' L L67 N N1 '13'25"E 2 24.00' C28 1 1.50' 9 90'00'00' 2 2.36' L L28 N N1 '13'25'E 2 2.75' L L68 N N88-46-35-W 1 16.00'- C29 1 1.50' 9 90'00'00' 2 2..36' L L29 N N88'46'35"W 1 17.50' L69 N N-1 - I- E 2 26.47' C30 1 1.50' 9 90'00'00" 2 2.36' L L30 1 141 °13'25 "E 2 2.75' L L70 N N88'46'35'W 3 33.57' C31 1 1.50' 9 94'46'51' 2 2.48' L L31 H H88'46'35 'W 7 73.62' L L71 N N88'46'35"Ik' 4 4,00' 032 6 6.50' 8 85'13'09' 9 9.67' L L32 N N1 '13'25'E 1 1.75' L L72 N N1 '13'25"E 1 15.00' C33 9 9.50' 6 69'53'40' 1 11.58' L L33 M M88'46'35'W 3 36.23' L L73 N N88'46'35 `W 4 4,00' 034 1 1.50' 1 110'06'20" 2 2.88' L L34 N N88'46'35"W 2 2.75' L L74 W W13'25'E 2 2.31' C35 1 1.50' 9 90'00'00' 2 2.36' L L35 I N N88*46'35"W 2 2.75' L L75 N NI'13'25'E 1 11.58' C36 1 1.50' 9 90*00'00' 2 2.36' L L36 N N1 '13'25"E 1 17.50' L L76 N N88'46'35"W 6 6.00' C37 1 1150, 9 90,00,001, 2 2.36, L L37 N N88 46 3 A 2 75' L L77 N N88'46'35'Vi 8 8100, C38 1 1.50' 1 123*53'49" 3 3.24' L L38 N A5W 2 C C39 1 14.50' 5 56'06'11' 1 14.20' L L39 NN'13.25'F C40 1 1.50' 3 33'36'19. 0 0.88, L L40 N N85.53'l 5, E C41 4 4.50' 9 90'00'00' 7 7.07' I I I L51 I C42 4 4.50' 9 90'00'00" 7 7.07' C43 4 4.50' 9 ---- I 7.07' I MRAMIRMW DIE BEARING OF WORTH 01'13'25' EAST ALONG IRON MORSE PARKWAY BETWEEN FOUND MONUMENTS AS SHOWN ON PARCEL MAP 7892, FILED IN BOOK 280 OF PARCEL MAPS AT PAGES 83 THROUGH 85, ALAMEDA COUNTY RECORDS, WAS USED AS THE BASIS OF BEARINGS FOR THIS TRACT MAP. DjLLNQTF'.- THE LANDS INCLUDED IN THIS TRACT MAP ARE SUBJECT -10 THE FOU-OWING TERMS, PROVISIONS, EASEMENTS, A34D EXCEPTIONS. 1. COVENANTS, CONDMONS, RESTRICTIONS AND EASEMENTS IN DIE DOCUMENT RECORDED AUGUST 4, 1997 AS INSTRsuvIll'if NO. 97-194235 OF OFFICIAL RECORDS 2. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED AGREEMENT FOR THE MITIGATION OF DEVELOPMENT IMPACTS UPON THE SCHOOL FACILITIES OF THE DUBLIN UNIFIED SCHOOL DISTRICT RECORDED OCTOBER 18, 2005 AS INSTRUMENT NO. 2005448472 OF OFFICIAL, RECORDS 3. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED DEVELOPMENT AGREEMENT RECORDED MARCH 10, 2006 AS INSTRUMENT NO. 2006090936 OF OFFICIAL RECORDS DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED DECEMBER 23, 2010 AS INSTRUMENT W 2010386287 OF OFFICIAL RECORDS 4. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED MEMORANDUM OF AGREEMENT RECORDED MARCH 20, 2007 AS INSTRUMENT NO, 2007111802 OF OFFICIAL RECORDS 5. OIL, MINERALS OR CAS AS EXCEPTED IN THAT CERTAIN DEED FROM THE UNITED STATES OF AMERICA, RECORDED ON AUGUST 4, 1997 AS DOCUMENT No. 97194235, ALAMEDA COUNTY RECORDS. LEGEND BOUNDARY LINE LOT UNE/PARCEL LINE EXISTING RIGHT OF WAY/PROPERTY LINE EASEMENT LINE EASEMENT TIE LINE MONUMENT LINE FOUND CITY OF DUBLIN STREET MONUMENT STAMPED 'LS 5797' BNDY BOUNDARY CL CENTERLINE EX EXISTING M-M MONUMENT TO MONUMENT PM PARCEL MAP PAE PRIVATE ACCESS EASEMENT PSE PUBUC SERVICE EASEMENT DSRSD DUBLIN SAN RAMON SERVICES DISTRICT EVAE EMERGENCY VEHICLE ACCESS EASEMENT SWE SIDEVIALK EASEMENT (R) RADIAL BEARING ROW RIGHT OF WAY ( ) PULLBACK DISTANCE (R-4.) RECORD DATA 0 0 30 60 SCALE: 1`=30' TRACT 7667 FOR CONDOMINIUM PURPOSES N OF PARCEL 1, AS SHOWN ON PARCEL MAP 7892, RECORDED IN BOOK 280 OF PARCEL MAPS, AT PAGES 83 THROUGH 85, AND AS CORRECTED BY RTIFICATE OF 6.32' R=14,50' I -r-luN omMS 110. 2000-129291 RECORDS ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA OROS ' RECORDS 1AMEDA 1, N32'27'11 MIACKRY& SOMPIS - - - - - - - - - - - "1 0 MWJN DR, RL-1, � 9- (121)1- D111 RECORDS DSRSD DETAIL OCTOBER, 2013 NOT TO SCALE SHEET 3 Of 4 19659,010 0 0 30 60 SCALE: 1`=30' TRACT 7667 FOR CONDOMINIUM PURPOSES N OF PARCEL 1, AS SHOWN ON PARCEL MAP 7892, RECORDED IN BOOK 280 OF PARCEL MAPS, AT PAGES 83 THROUGH 85, AND AS CORRECTED BY RTIFICATE OF 6.32' R=14,50' I -r-luN omMS 110. 2000-129291 RECORDS ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA OROS ' RECORDS 1AMEDA 1, N32'27'11 MIACKRY& SOMPIS - - - - - - - - - - - "1 0 MWJN DR, RL-1, � 9- (121)1- D111 RECORDS DSRSD DETAIL OCTOBER, 2013 NOT TO SCALE SHEET 3 Of 4 19659,010 AT PAGES 83 THROUGH 85, AND AS CORRECTED BY CERTIFICATE OF CORRECTION SERIES No. 2008-129297 R F R! -85 ALAMEDA COUNTY RECORDS ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA _I PARCEL "A' 7'12 B' "' PG. 83 MACKAY & SOMPS _' TRACT B -100 ALAMEDA COUNTY RECORDS R 1b2 2 iIS� 7 PG. 28-37 ALAMEDA COUNTY RECORDS PARCEL ' ' B, '9 PG CERTIFICATE R"AT 71 B' - -129297, ALAMEDA PtMWT�s R E CORRECTION SERIFS NO, 2008 . . . . . . oa, COUNTY (R--5) PARCEL MAP 7893 BK. 308 PG. 64-67 ALAMEDA COUNTY RECORDS SHEET 4 OF 4 OCTOBER, 2013 19659,010 Line Ta I RKn_QF DFARINK,: THE BEARING OF NORTH 01'13'25" EAST ALONG IRON HORSE PARKWAY Length Line It Bearing BETWEEN FOUND MONUMENTS AS SH GIVES PARCEL MAP 7892, FILED IN BOOK 280 OF PARCEL MAPS AT PAGES 83 THROUGH 85, ALAMEDA COUNTY RECORDS, WAS USED AS THE BASIS OF BEARINGS FOR THIS 17�50' L41 NI TRACT MAP- 2,75' L42 11 51.75' L43 1489'46'35"W 17.60' L44 NI-13'25'E 2.75' L45 F THE LANDS INCLUDED IN THIS TRACT KW ARE SUBJECT TO THE 39.00' P4:1 til_13 25'E 1.95' EASEMENTS, AND EXCEPTIONS. FOLLOWING TERMS, PROVISIONS, 9.04' N'.J3' 251E 20.62' i. cOvERWis. CONDITIONS. RFSTRG+1,01�' AND EASEMONTS 1`4 25.00' THE DOCUMENT RECORDED AUGUST 4, 1997 AS IN51RUMENT .41' L47 1\88'46'35"VJ - MO. 97-194235 OF OFFICIAL RECORDS .04' L48 IJI'13'25"E 2.28' 0.75' 2. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT 9.89' L49 1\88'46'35'W ENTITLED AGREEMENT FOR THE MITIGATION OF DEVELOPMENT IMPACTS UPON THE SCHOOL FACILITIES OF THE DUBLIN 9,04' L50 NB8'46'35'W 2.75' UNIFIED SCHOOL DISTRICT RECORDED OCTOBER 18, 2005 AS 40.42' 191 01*13'25'E 14�67' INSTRUMENT MD. 2.005448472 OF OFFICIAL RECORDS 9.04' 152 N88'46'35'W 2.75' 1 THE TERMS AND PROVISIONS C014TANED IN TH E DOCUMENT ENTITLED DEVELOPMENT AGREEMENT RECORDED MARCH 10, 39.00' L53 N88 '46'35"IN 2.77' 2006 AS INSTRUMENT NO. 2006090936 OF OFFICIAL RECORDS 2.70' I54 N88'46'35"W 37.69' DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED 73.63' L55 N88'46'35'W 34,50' DECEMBER 23, 2010 AS INSTRUMENT No. 2010386237 OF OFFICIAL RECORDS 2.75' 1.56 Nl'13'25'E 8.38' 4. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT 1.71' L57 Nl'13'25"E 6.99' ENTITLED MEMORANDUM OF AGREEMENT RECORDED MARCH 20, 2007 AS INSTRUMENT NO. 2007111802 OF OFFICIAL RECORDS 73.63' L58 N1 '13'25'E 13-99' 5. OIL, MINERALS OR CAS AS EXCEPTED IN HAT CERTAIN DEED 2.75' L59 IJ88'46'35"VI 1.62' FROM THE UNITED STATES OF AMERICA, RECORDED ON AUGUST - 4, 1997 AS DOCUMENT No. 97194235, ALAMEDA COUffly 17.50' L60 N1 "13'2 5 "E 7. RECORDS. 2.75' L61 N88'46'36"W 17,50' 51.74' L62 NI'13'25"E 24.00' LEGEND 1,86' L63 1\68 °46'35 "W 17-50' BOUNDARY LINE LOT UNE/PARCEL U14E 29.54' L64 Ni"13'25"E 34.67' EXISTING RIGHT OF WAY/PROPERTY LINE 2.74' L65 1\88'46'35'W 17.50' EASEMENT LINE EASEMENT TIE LJ14E 51-75' L66 Nl'13'25'E 15,00, MONUMENT LINE FOUND CITY OF DUBLIN STREET MONUMENT 2.75' L67 N88'46'35'eI 16.00' STAMPED 'LS 5797' 17.50- L68 NI*13'25'E 23.35' B14DY BOUNDARY CL CENTERLINE 2.75' L69 NI'13'25"E 15.69' EX EXISTING 73.63' L70 1188'46'35"W 6.00, M-M MONUMENT TO MONUMENT PM PARCEL MAP 2.70' RAE PRIVATE ACCESS EASEMENT C25- PSE PUBLIC SERVICE EASEMENT 38.67' DSRSD DUBLIN SA34 RAMON SERVICES DISTRICT 35.70, EVAE EMERGENCY VEHICLE ACCESS EASEMENT SWE SIDEWALK EASEMENT 2�75� IF '0' (R) RADIAL BEARING ROW RIGHT OF WAY 2.75' 0 6 =36 "08'21 " -l_ DSRSD PULLBACK DISTANCE -9 15, 17.5 L (R-4) RECORD DATA 2.75' 9.70' C26 11 75' 31- fi 2.08, 0 30 60 25.00, L DSRSD DEFAIL SCALE: 1"=30' NOT TO SCALE TRACT 7667 FOR CONDOMINIUM PURPOSES A SUBDIVISION OF PARCEL 1, AS SHOWN ON PARCEL MAP 7892, RECORDED N B-1 280 OF PARCEL MAPS Curve Table Line Table Curve 0 Radius Delta Length Line ff Bearing C1 1.50, 90,00,001, 2.36' L1 N88'46'35'VJ C2 1.50, 90'00'00' 2,36' L2 N1 '13'26"E GO 1.50, 93°51'11" 2.46' _3 N88'46'35'VJ C4 05 4.50' 16-08'49' 0100' 9.78' 22.78' -'.-2' 114 L5 L6 NI'13 5"E Kill "A­6 35"w C7 5,5W 45'00'00' 4,32' _7 1\88'46'35'W C8 5,50' 45*00'00' 4.32' L8 N46'13'25'E C9 5.50, 45'00'00' 4,32' 1.9 N88'46'35`e! 0 90'00'00" 22.78' 110 N43-46'35'W - C BI'50'09' 9,28' LII 1188'46'35 "W CY2 1.50' 98'09'51" 2.57' L12 N46'13'25"E .50, 107`32'54" 0,94' 112 N1 '13'25"E C14 1.50, 90,00,00, 2136' 114 1\1013'25"E C15 1.50, 90'00'00' 2.36' 115 N88'46'35'VJJ C16 0,50- 10501'34` 0.92' Lib 1\1 '13'25"E C17 9.50, 74 12.41' L17 NI'13'26"E 6.50' 86"10'39" g .7 8' L18 N88'46'351`1 Gig 1.50- 93 °49'21" 2.46' L19 Nl'13'25'E - 020 - 1,50, 90°00'00` - 2.36' _20 1188'46'35'W C21 1150, 90'00'00" 2.36' L21 N1 '13'25"E C22 1.50, 98,09 2.57' 122 N88'46'35'W - 2 - 6.50' 81'50'11' 9.28' L23 N1 '13'25"E C24 9.501 72-27'06' 12.01' L24 N1'13'25 `E C25 14.50' 80'02'01' 20.25' L25 Nl'13'25'E C26 1.50' 99'57'59" 2.62' L26 N88'46'35'W C27 1.50' 90,00,001, 2.36' L27 1\1°13'25"E 028 1.50, 90°00'00' 2.36' 128 N88'46'35'W 029 - 1.50' 90 "00'00" 2.36' L29 MI'13'25"E C30 6.50, 62'09'01" 7.05' L30 N88'46'35"W 031 1.50' 117'60'59" 3.08' L31 NI'13'25'E 032 1.50, 90'00'00" 2.36' L32 N1 '13'25"E C33 90100'?0' 2.36, L33 N88'46'35"W C34 1.50' 122 °49'13" 3.22' L34 N88'46'35"W C35 C36 6.50' 1.50, 57'07'53" 90'00'00" 6.48' - 2�36' L35 - L36 N88'46'35`sf - Nl'13'25"E C37 1.50, 90'00'00" 2,36' L37 N88'46'35"W 1.50, 1.50' 90 "00'00" 117'49'25" 2.36' 2, 2 3 2 3 '3 C40 C41 14.50' 4.50' 62*10'35" 90'00'00' 15.74 7.07' C42 4.50' 90'00'00" 7.07' C43 4.50' 90'00'00" 7.07' C44 960,00' 3 °04'56" 51.65' AT PAGES 83 THROUGH 85, AND AS CORRECTED BY CERTIFICATE OF CORRECTION SERIES No. 2008-129297 R F R! -85 ALAMEDA COUNTY RECORDS ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA _I PARCEL "A' 7'12 B' "' PG. 83 MACKAY & SOMPS _' TRACT B -100 ALAMEDA COUNTY RECORDS R 1b2 2 iIS� 7 PG. 28-37 ALAMEDA COUNTY RECORDS PARCEL ' ' B, '9 PG CERTIFICATE R"AT 71 B' - -129297, ALAMEDA PtMWT�s R E CORRECTION SERIFS NO, 2008 . . . . . . oa, COUNTY (R--5) PARCEL MAP 7893 BK. 308 PG. 64-67 ALAMEDA COUNTY RECORDS SHEET 4 OF 4 OCTOBER, 2013 19659,010 RESOLUTION NO. -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7667, ESPRIT AT DUBLIN STATION WHEREAS, the Final Map for Tract 7667, 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, Western Pacific Housing, Inc., has executed and filed with the City of Dublin an Improvement Agreement for Tract 7667 to construct required subdivision improvements in accordance with the Conditions of Approval for the Tentative Map, and with the improvement plans referenced therein; and WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Willis of Florida, Inc. in the amount of $1,939,000 for the in -tract improvements (Bond No. 21 BSBGP4665), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Willis of Florida, Inc. in the amount of $1,939,000 for the in -tract improvements (Bond No. 21 BSBGP4665), 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 7667 be and the same is hereby approved, and that the existing ten foot wide Public Service Easement (PSE) and Sidewalk Easement (SWE) along Dublin Boulevard is hereby vacated and abandoned in its entirety, and that the most easterly ten foot wide strip of Iron Horse Parkway and most westerly two to four foot strip of Campus Drive as delineated on said Map are hereby vacated and abandoned, and that rights to the Public Service Easement (PSE), Sidewalk Easement (SWE) 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. 1 PASSED, APPROVED AND ADOPTED this 19th day of November, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 2 Mayor CITY OF DUBLIN IMPROVEMENT AGREEMENT Tract 7667 Esprit at Dublin Station This agreement is made and entered into this day of , 2013, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and Western Pacific Housing, Inc., 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 7667, also known as Esprit at Dublin Station, desires to improve and dedicate those public improvements (hereafter "The Improvements ") in accordance with the requirements and conditions set forth in the City of Dublin Planning Commission Resolution No. 10 -38 (PA 09 -002), adopted on August 24, 2010, and City Council Ordinance No. 24 -10, adopted on November 2, 2010; the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plan and specifications for said development approved by the City Engineer, as follows: • "Improvement Plans, Tract 7667 - Esprit at Dublin Station (29 Sheets, Sheets 1 -29), prepared by MacKay and Somps, Inc, approved , 2013 • "Rough Grading Plan — Pads and Streets Only, Tract 7667 Esprit at Dublin Station" (7 Sheets, Sheets 1 -7), prepared by MacKay and Somps, Inc., approved July 31, 2013 • "Joint Trench Plans - DR Horton Esprit — Tract 7667"(8 Sheets, Sheets JT1 -JT5), prepared by Giacalone Utility Design and Planning, dated , 2013 with modifications as necessary for City approval • "Esprit Tract 7667 Street Lighting" (3 Sheets, Sheets SL1 -SL3), prepared by Giacalone Utility Design and Planning, dated , 2013 with modifications as necessary for City approval • "Esprit — Dublin, CA, Landscape Construction Documents" (36 Sheets, Sheets LC.1 — LP.9), prepared by Ripley Design Group, Inc., dated , 2013, with modifications as necessary for City approval. 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 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 will commence construction of The Improvements within thirty (30) days following the date on which CITY executes this agreement. DEVELOPER shall complete said work not later than two (2) years following said date of execution of this agreement, unless the completion date is extended by the City Council. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as -built plans of The Improvements, including any authorized modifications. 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement is agreed to be $1,939,000 and is based on the Bond Estimate — Esprit at Dublin Station, dated October 28, 2013, prepared by MacKay & Somps, attached to this agreement as Exhibit "A ". Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. 3. 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 percent (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 percent (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. C. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit sufficient to assure CITY that the surface water drainage of the subdivision shall not interfere with the use of neighboring property, including public streets and highways. K CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform to 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 CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ( "occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4) Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: a) 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. b) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. c) 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. B. 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, DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. 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. 4 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 ANIL 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 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 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 design, workmanship and materials actually appear during the one -year guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year [HOLD]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, which shall not be unreasonably withheld, denied, or delayed. 7. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this 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 property belonging 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: Andrew Russell, City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 (925) 833 -6630 Notices required to be given to DEVELOPER shall be addressed as follows: Jed Bennett D.R. Horton, Inc. 5050 Hopyard Road, Suite 180 Pleasanton, CA 94588 (925) 225 -7400 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. 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 all tract work 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 tract work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance. 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. 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 [STAYS], 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. [STAYS] 4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 14. Recitals. The foregoing Recitals are true and correct and are made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN Joni Pattillo, City Manager ATTEST: City Clerk DEVELOPER Western Pacific Housing, Inc. By Print Name Title 10 STATE OF CALIFORNIA COUNTY OF ALAMEDA On ` '�r n�?'� ;� `° , 2013, before me, Amie Bautista ,Notary Public, personally appeared � K M 0 1 t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the 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. X F Signature AMIE BAUTISTA Commission # 1980565 Notary Public - California z Alameda County D (Seal) My Comm. Expires Jun 2, 2016 J 19659 -010 10/2812013 KEC BOND ESTIMATE ESPRIT AT DUBLIN - 105 LOTS This Bond Estimate is based on Improvement Plans dated October 2013 TRACT 7667 - CITY OF DUBLIN ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT A. GRADING & STREETWORK 1. 48,632 SF Finish grading alleys 0.25 $12,160 2, 11 EA Finish Building lot grading 1,000.00 11,000 3. 46,516 SF Finish grading Campus Drive and Dublin Blvd 0.25 11,630 4. 3,085 SF Pedestrian path to Arnold Road -2" AC on 4" AB 1.62 5,000 5. 80,987 SF 3" AC pavement 1.35 109,330 6. 2,811 SF 6.5" AC pavement - Dublin Blvd 2,93 8,240 7. 29,575 SF 14" AB on Campus Drive 2.50 73,940 8. 2,811 SF 27" AB on Dublin Blvd 4.82 13,550 9. 51,412 SF 11" AB on Alleys 2.00 102,820 10. 3,966 SF 4" AB under valley gutter and handicap ramps 0,72 2,860 11, 1,193 SF 4" AB under curb & gutter 0.72 860 12, 4 EA Stop and street name sign 450.00 1,800 13, 8 EA Street name sign 300.00 2,400 14. 4 EA Stop bar & legend 600.00 2,400 15, 12 EA Traffic signs 220.00 2,640 16. Lump Sum Traffic striping 2,000.00 2,000 17, 7 EA Pavement reflectors at fire hydrants 25.00 180 ESTIMATED TOTAL GRADING & STREET WORK: $362,890 S. CONCRETE WORK 1. 2,884 LF Standard curb & gutter 15.00 $43,260 2. 2,563 LF Vertical curb 13.50 34,600 3:. 16 EA Curb inlet 4,200.00 67,200 4. 2,773 SF 3' wide valley gutter 3.75 1 0,400. 5. 1,193 SF Handicap ramps 4.00 4,770 6. 3 EA Storm drain field inlet 1,800:00 5,400 7; 1 EA Type D inlet 3,500.00 3,500 8. 2,884 LF 4" SDR drain under curb & gutter 9.50 27,400 ESTIMATED TOTAL CONCRETE WORK; $196,530 CIViL 19659 -01- 10282013 -KEG- Esprit -Bond estimate sewer water_inciiided No_GRADING Asm 1 of 5 19659 -010 10/28/2013 I<EC ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT C. , SANITARY SEWER 1, 17 EA Manhole including reset rim to finish grade 3,500,00 59,500 2. 2,021 LF 8" Sanitary sewer main 32,50 65,680 3. 105 EA 4" Sanitary lateral 450.00 47,250 ESTIMATED TOTAL SANITARY SEWER. $172,430 D. STORM DRAIN WORK 1. 12 EA Manholes Including reset to finish grade 4,000,00 $48,000 2, 20 LF 36" Storm drain 100,00 2,000 3, 344 LF 24" Storm drain 60,00 20,640 4. 314 LF 18" Storm drain 45.00 14,130 5, 601 LF 15" Storm drain 40.00 24,040 6. 671 LF 12" Storm drain 35.00 23,490 7. 1 EA CDS unit west Esprit Loop 16,100.00 16,1.00 8. 1 EA CDS unit east Esprit Loop 20,700.00 20,700 9. 1 EA CDS unit Campus Drive 65,000.00 65,000 E, WATER SYSTEM WORK 1. 631 LF 2. 2,184 LF 3, 278 LF 4, 101 LF 5, 101 LF 6, 7 EA 7. 1 EA 8, 108 EA 9. 105 EA 10, 2 EA 11, 1 EA 12. 4 EA 13, 2 EA 14, 3 EA 15, 11 EA ESTIMATED TOTAL STORM DRAIN WORK: 12" Main including valves & fittings 8" Main including valves & fittings 8 " Reclaimed water Main including valves & 2" Reclaimed water service including valves & fittings 4" Casing for 2" reclaimed water service Fire hydrants Including valve & run Relocate hydrant 1" Meter box 11" Service 1,5" Irrigation service 1.5" Irrigation service- reclaimed Blowoff valves Air release valves Connect to existing main Fire Department assemblies ESTIMATED TOTAL WATER SYSTEM WORK: - F. ELECTRICALMOINT TRENCH 1, 14 EA -Single arm "Decorative" electrolier including conduit & boxes 2. 19 EA Private street lights 3. 6 EA Private Bollard lights 4. 11 UNITS Joint trench (including service completions) ESTIMATED TOTAL ELECTRICAL WORK; $234,100 52,00 32,810 45.00 98,280 45,00 12,510 15.00 1,520 15.00 1,520 4,500.00 31,500 1,000,00 1,000 150.00 16,200 800,00 84,000 1,000.00 2,000 1,000.00 1,000 1,500.00 6,000 1,000.00 2,000 2,500.00 7,500 5,000,00 55,000 $352,840 3,500,00 $49,000 2,500,00 $47,500 2,000.00 $12,000 6,000.00 66,000 $'174,500 19669.01- 10282013-KEC- Esprit -Bond estimate_sewer water_included_No_GRADWG,xlsm • 2 of 5 19659 -010 10/28/2013 KEC ITEM QUANTITY UNIT I DESCRIPTION UNIT PRICE AMOUNT G. LANDSCAPE & IRRIGATION 1. 13,602 SF Walkways, landscaping & irrigation 6.00 $81,610 ESTIMATED TOTAL LANDSCAPE PLANTING & IRRIGATION~ $81,610 H. MISCELLANEOUS CONSTRUCTION 1. Lump Sum 6" irrigation sleeves 1,000.00 $1,000 ESTIMATED TOTAL MISCELLANEOUS CONSTRUCTION: $1,000 19659 -01- 10282013- KEC - Esprit -Bond estimate_sewer water included No GRADING .xlsm 3 , Of 5 TR7667 Bond Est 10 -31 -2013 11/5/2013 BOND ESTIMATE DATE: 10/31/2013 ESPRIT AT DUBLIN STATION REVISED: TRACT: 7667 REVISED: Engineer's Estimate prepared by MacKay & Somps (Oct 2013) A GRADING AND STREETWORK $ 362,810.00 B CONCRETE WORK $ 196,530.00 C SANITARY SEWER $ 172,430.00 D STORM DRAIN WORK $ 234,100.00 E WATER SYSTEM WORK $ 352,840.00 F ELECTRICAL /JOINT TRENCH $ 174,500.00 G LANDSCAPE & IRRIGATION $ 81,610.00 H MISCELLANEOUS $ 1,000.00 Total Construction: $ 1,575,820 TOTAL CONSTRUCTION: $1,576,000.00 15% CONTINGENCY $236,400.00 8% ENG.: $126,080.00 FAITHFUL PERFORMANCE BOND: $1,939,000.00 LABOR & MATERIAL BOND: $1,939,000.00 Page 1 of 1 RESOLUTION NO. -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 7667, ESPRIT AT DUBLIN STATION WHEREAS, a Vesting Tentative Map for Tract 7667 for Esprit at Dublin Station was approved by Planning Commission Resolution 10 -38 on August 24, 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, developer is required 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 a Tract Improvement Agreement to improve 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 7667, Esprit at Dublin Station, attached hereto as Exhibit "A "; 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 November, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 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 WITHIN TRACT 7667, ESPRIT AT DUBLIN STATION THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 7667 ( "Agreement ") is made between the City of Dublin ( "City ") and Western Pacific Housing Inc. ( "Owner "). 1. Property: The subject property is Tract 7667 as filed in Book of Maps at Pages , in the Official Records of the County of Alameda, State of California. 2. Developer: Owner is the owner of Tract 7667, Esprit at Dublin Station, ( "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 in Tract 7667: Iron Horse Parkway, Campus Drive, Martinelli Way and Dublin Boulevard (collectively, the "Landscape Features "). Construction details for these Landscape Features are shown on the "Esprit, Dublin, California, Landscape Construction Documents, " prepared by Ripley Design Group, dated , 2013, with modifications as necessary for City approval. The scope of the improvements covered under the agreement is shown on the attached Exhibit A. 4. Encroachment Permit: Owners shall apply to the City for an encroachment permit for work to be performed pursuant to this Agreement. The City must grant the encroachment permit for all work to install, operate and maintain the Landscape Features improvements and all the conditions imposed by the City must be consistent with the provisions of this Agreement. If there is a conflict between any provisions of this Agreement and the encroachment permit, the provisions of this Agreement shall prevail over the conditions of the encroachment permit. 5. Ownership: Owners shall own all special Landscape Features, including but not limited to fountains, arches, monuments, etc. 6. Operations 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 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 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 7667 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 Western Pacific Housing, Inc., and all successors and assigns, including but not limited to the Tract 7667 Home Owner's Association. 13. Notices: Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery if delivered personally to the party to whom notice is to be given (including messenger or recognized delivery or courier service) or on the second day after mailing, if mailed to the party to whom notice is to be given, by first -class mail, postage prepaid, and properly addressed as follows: City: City of Dublin 100 Civic Plaza Dublin, California 94568 Fax No. (925) 833 -6651 Attn: City Manager Owner: Western Pacific Housing, Inc. 5050 Hopyard Road, Suite 180 Pleasanton, CA 94588 (925)- 225 -7426 Attn. Forward Planning 14. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth in full body of this Agreement. 15. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 16. Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and cannot be amended or modified except by a written agreement, executed by each of the parties hereto. 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 , 2013. CITY: THE CITY OF DUBLIN, a municipal corporation By: Joni Pattillo City Manager OWNERS: Western Pacific Housing, Inc. f Name: Title: STATE OF CALIFORNIA COUNTY OF ALAMEDA On C' , 2013, before me, Arnie Bautista ,Notary Public, personally appeared [ �6k- � , t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1d �s a i 4s ENOWNR ■ �f e ■ n _ H n L• 0 - mr - -- \� B \\�� a - � 1 1 .. ' 1 1 1 •i p 1 1 1 1 1 1 1 1 - \ \�` ,` Cy. J Y 8 _ _ n ® — ®_ ■ \ �� - D 1 1 1 1 :1 1 1 1. 1 1 ■•11'. 11 I�� �� � RESOLUTION NO. —13 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 7667, ESPRIT AT DUBLIN STATION 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, Western Pacific Housing, Inc., is filing Tract 7667 Final Map for developing 105 townhouse units constructed on two lots for condominium purposes; and WHEREAS, the Park Land requirements for the project based on the requirements of the Municipal Code and the designated land use for Tract 7667 are 1) Dedication of 0.735 acres of Community Park Land or payment of $778,365 in Community Park Land In -Lieu Fees, and 2) Dedication of 0.315 acres of Neighborhood Park Land or payment of $400,575 in Neighborhood Parkland In -Lieu Fees; and WHEREAS, the Developer has possession of credits for 0.735 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 7667; and WHEREAS, the Developer has possession of credits for 0.315 acres of Neighborhood Park Land Credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 7667. NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.735 acres of Community Park Land Credits and 0.315 acres of Neighborhood Park Land Credits are hereby accepted as performance of said subdivider's obligation under Subdivision Requirements in Title 9 of the Dublin Municipal Code. 1 PASSED, APPROVED AND ADOPTED this 19th day of November, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor