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Item 4.6 Connolly Station-Essex Property Trust
STAFF REPORT CITY CLERK CITY COUNCIL File #600 -60 DATE: March 18, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, Acting City Manager " SUBJECT: Acceptance of Street Improvement of St. Patrick Way, Approval of Agreement for Long -Term Encroachment for Landscape Features, Approval of Stormwater Treatment Measures Maintenance Agreement and Approval of Regulatory Traffic Control Devices for Parcel Map 10027, Connolly Station (Essex Property Trust Inc.) Prepared by Ananthan Kanagasundaram, Associate Civil Engineer EXECUTIVE SUMMARY: Essex Property Trust, Inc. has constructed the improvements for Parcel Map 10027, Connolly Station, in accordance with their Tract Improvement Agreement. It is now appropriate for the City to accept these improvements and approve the regulatory traffic control devices. FINANCIAL IMPACT: Essex Property Trust Inc. had previously provided Faithful Performance and Labor & Materials bonds (Bond No. 0558354), each in the amount of $1,350,000, to guarantee the construction of the public street and other public improvements associated with Parcel Map 10027. In lieu of a Maintenance Bond, the developer has requested that the City keep the Faithful Performance Bond issued by International Fidelity Insurance Company, in the amount of $1,350,000, on file to guarantee the improvements for a one -year period. Upon acceptance of the improvements, the City will incur annualized maintenance costs estimated to be $3,779 for street sweeping and street lighting (monthly), slurry seal (every five years) and asphalt concrete pavement overlay (every 20 years). Maintenance of the sidewalk, landscape planter strips and street trees within the public right -of -way along the St. Patrick Way and Golden Gate Drive Street frontages of Parcel Map 10027 will be the responsibility of the Homeowners' Association for Connolly Station. The Homeowners' Association will also be responsible for maintaining the stormwater treatment measures constructed with this project. RECOMMENDATION: Staff recommends that the City Council: 1) Adopt a Resolution Accepting the Improvements for Parcel Map 10027, Connolly Station and Approving the Regulatory Traffic Control Devices; 2) Adopt a Resolution Approving the Agreement for Long -Term Encroachment for Landscape Features for Parcel Map 10027, Connolly Station; and 3) Adopt a Resolution Approving the Stormwater Treatment Measures Maintenance Agreement for Parcel Map 10027, Connolly Station. Page 1 of 3 ITEM NO. 4.6 �ubmitteb By Public Works Director DESCRIPTION: Reviewed By Acting Assistant City Manager Essex Property Trust, Inc. (hereafter "Essex "), entered into an Improvement Agreement with the City of Dublin on April 19, 2011, for the construction of street and other tract improvements associated with Parcel Map 10027, also known as Connolly Station. These improvements included the construction of portions of St. Patrick Way west of Golden Gate Drive. Essex provided a Faithful Performance Bond and Labor & Materials Bond to guarantee construction of the improvements. The improvements are now complete and the developer is requesting that the bonds for this work be released. In lieu of providing a Maintenance Bond, the Developer has requested that the City keep the Faithful Performance Bond in the amount of $1,350,000 (Bond No. 0558354) issued by International Fidelity Insurance Company on file to guarantee improvements of the street, grading, and utility improvements associated with Parcel Map 10027 for one year. The bond amount is equal to one hundred percent (100 %) of the full cost of completion of the improvements. All regulatory traffic control devices installed as part of this project will be accepted and added to the City of Dublin Traffic Code. Essex will enter into an agreement with the City of Dublin titled "Agreement for Long Term Encroachments for Landscape Features with Parcel Map 10027." This Agreement will assign responsibility to maintain project - related hardscape and landscape improvements in the public rights -of -way to the Homeowners' Association for Connolly Station. Per this agreement, maintenance of the sidewalk, landscape planter strips and street trees within the public right -of- way along the St. Patrick Way and Golden Gate Drive frontages of Parcel Map 10027 will be the responsibility of the Homeowners' Association for Connolly Station. Essex will also enter into an agreement titled "Stormwater Treatment Measures Maintenance Agreement with Parcel Map 10027," which will assign the Homeowners' Association to maintain the stormwater treatment measures constructed with this project, which include bio- retention areas and flow thru planters. Staff has prepared a Resolution for the Acceptance of Tract Improvements for Parcel Map 10027, Connolly Station and Approval of Regulatory Traffic Control Devices (Attachment 2); a Resolution Approving the Agreement for Long -Term Encroachment for Landscape Features for Parcel Map 10027, Connolly Station (Attachments 3 and 4); and a Resolution Approving the Stormwater Treatment Measures Maintenance Agreement with Parcel Map 10027, Connolly Station (Attachments 5 and 6). NOTICING REQUIREMENTS /PUBLIC OUTREACH: A copy of this staff report has been sent to Essex Property Trust, Inc. Page 2 of 3 ATTACHMENTS: 1. Reduced Copy of Parcel Map 10027 2. Resolution for the Acceptance of Tract Improvements for Parcel Map 10027, Connolly Station and Approval of Regulatory Traffic Control Devices 3. Resolution Approving the Agreement for Long -Term Encroachment for Landscape Features with Parcel Map 10027, Connolly Station 4. Exhibit "A" to Resolution, Long -Term Encroachment Agreement with Parcel Map 10027, Connolly Station 5. Resolution Approving Stormwater Treatment Measures Maintenance Agreement with Parcel Map 10027, Connolly Station 6. Exhibit "A" to Resolution, Stormwater Treatment Measures Maintenance Agreement with Parcel Map 10027, Connolly Station Page 3 of 3 =ZKVJV TU110 ^ 0 Wm \K r�2m3 N�q fr/1 mmND O mD O W �0ZSzO F \ C fA �Z z0 I -ZOLL Q '� -ZC�LL Q Y Ir WZ -NQ IrIIV J wz -NQ NV O U -w 2 w 2 V Z= m m W W K ` Z S g m W W K r wr¢ -m Sm ..� I wra -m xm z m -Nw ro a �° ;i.w ro y - r {�>3w�z >3 ,z U cg N ¢ wwx \O 0❑ Q Y�ww2 \O 0❑ ¢ [^ �j Srrca z z Sr a z z �r❑iD 3a Q❑ 0 ¢rD'SD 3a �O �d W } a W W N A 0. 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RESOLUTION NO. - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF TRACT IMPROVEMENTS FOR PARCEL MAP 10027, CONNOLLY STATION AND APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES WHEREAS, Essex Property Trust Inc., the developer of Parcel Map 10027, previously entered into a Tract Improvement Agreement dated April 19, 2011, Resolution No. 41 -11, with the City of Dublin, to complete street improvements associated with Parcel Map 10027, in accordance with plans on file with the City Engineer; and WHEREAS, the developer originally provided a Faithful Performance Bond and a Labor and Materials Bond issued by International Fidelity Insurance Company each in the amount of $1,350,000.00 to guarantee the installation of these improvements; and WHEREAS, the improvements are complete in accordance with said plans, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, the developer has requested that the City keep the Faithful Performance Bond issued by International Fidelity Insurance Company in the amount of $1,350,000.00 on file to guarantee the improvements for a one -year period; and WHEREAS, the Labor and Materials Bond can be released, in accordance with the authority contained in Section 66499.7 of the Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED that: 1. The improvements for Parcel Map 10027 are hereby approved and accepted subject to a one -year guarantee period; and 2. The Labor and Materials Bond issued by International Fidelity Insurance Company (Bond No. 0558354 in the amount of $1,350,000.00 for the tract improvements, be released; and 3. The previously submitted Faithful Performance Bond in the amount of $1,350,000.00 (Bond No. 0558354) issued by International Fidelity Insurance Company for the Parcel Map 10027 improvements, be accepted as security for the aforesaid one -year warranty period, said period to commence on this date and terminate on the 18th day of March, 2015; and 4. The traffic regulatory devices installed by the developer within the development are hereby included in the City of Dublin Traffic Code 1 vote PASSED, APPROVED AND ADOPTED this 18th day of March, 2014, by the following AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT FOR LONG -TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH PARCEL MAP 10027, CONNOLLY STATION WHEREAS, a Vesting Tentative Map for Parcel Map 10027 — Connolly Station was approved by Planning Commission Resolution No. 06 -009 on October 24, 2007, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project - related landscape features within the public rights -of -ways; and WHEREAS, said Conditions of Approval required the developer to enter into an "Agreement for Long -Term Encroachment" for the maintenance of said landscape features; and WHEREAS, the improvements, including said landscape features, are complete in accordance with the plans on file with the City Engineer, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long -Term Encroachment for Landscape Features with Parcel Map 10027, Connolly Station, attached hereto as Exhibit "A ", which will be recorded against the property; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approve the said Agreement and authorize the City Manager to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 18th day of March, 2014, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor AGREEMENT FOR LONG TERM RNCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 10027, CONNOLLY STATION THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 10027 ( "Agreement ") is made between the City of Dublin ( "City ") and Essex Dublin Owner, L.P, ( "Owner "). 1, Property The subject property is Tract 10027 as filed in Hook 318 of Maps at Pages 14 -18, in the Official Records of the County of Alameda, State of California, 2. Developer Developer is the Owner of Tract 10027, Connolly Station ( "Project "). 3, Landscape Features: Owner, as pant of the Project, anticipates the construction of Project related landscape features within the City's rights of ways on the following streets with Tract 10027; ST. Patrick Way and Golden Gate Drive (collectively, the "Landscape Features "), Construction details for these Landscape Features for "Golden Gate Drive" are shown on the Landscape Plans for Golden Gate Drive S1reetseape Improvements, prepared by Hansen & Mcardle landscape architecture and "St. Patrick Way" are shown on the Landscape Plans prepared by the Guzzardo Partnership Inc., approved by the City. The scope of the improvements covered under the agreement is shown on the attached Exhibit "A" 4. Encroacbment 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 sidewalk, plantings, irrigation, street trees, etc. 6. Operations and Maintenance: Owners shall maintain and repair all the Landscape improvements, including all frontage landscape plantings, irrigation, sidewalks, and street trees within the designated areas, in a safe manner consistent with the approved plans to the reasonable satisfaction of the City at its sole cost and expense, including electric power and water cost. Owner will be responsible at its sole cost to replace or repair any Landscape Feature damaged or removed during the maintenance or repair of sewer, water, drainage or utility improvements by the City, Dublin San Ramon Service District or utility company, unless such damage or removal is caused by the negligence, gross negligence or willful misconduct of the City, Dublin San Ramon Service District or utility company. The City will maintain at its sole cost all asphalt concrete pavement, concrete curb and gutter, drainage improvements, traffic signs and striping, and streetlights in the public right of way. 7. Removal or Relocation: If future improvements proposed by the City conflict with any of the Landscape Features, the City may remove or reasonably relocate the Landscape Feature at its sole cost. If any of the Landscape Features are relocated, the City and Owners will execute a modification to this Agreement to reflect (lie 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 Iiable 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. Permalkeut: The Landscape Features and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, and are appurtenant to the Properly. 11. Ri ht to Assi :r: Owners may assign any or all rights, interests and obligations of Owners arising under this Agreement to the Homeowners' Association for Tract 8140 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 Essex Dublin Owner, L.P. 2 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 marl, postage prepaid, and properly addressed as follows: City: City of Dublin 100 Civic Plaza Dublin, California 94568 Fax No. (925) 833 -6651 Attu: City Manager Owner, Essex Dublin Owner, L,P. 925 E Meadow Dr. Palo Alto, CA 94303 Fax No: (650)494 -1671. Attn: Deanna Chalfant 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 Inyall4k. 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 sauce instrument. Dated this 3rd day of March, 2014. CITY: THE CITY OF DUBLIN, a municipal corporation By: City Manager OWNER: Essex Dublin Owner, L.P., a California limited partnership By: Essex Dublin GP, L.P., a Delaware limited partnership, its general partner 18098I8.1 By: Essex Management Corporation, a California corporation, its general parhier 13y: Its; 4 ACKNOWLEDGMENT State of California County of Santa Clara On March 3, 2014 before me, Elisa M. Taylor, Notary Public (insert name and title of the officer) personally appeared John Eudy 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(les), 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. 418A.N1: TAVIOA WITNESS my hand and official seal. Comm188IOR # 1994620 Holary P0110 • C81i[grola Z Santa Clara Couisly .. My Comm, Expires Nov 16, 2018 Signature (Seal} -0- I GOLDEN GATE DR, 0 O SCOPE OF PUBLIC IMPROVEMENTS COVERED UNDER AGREEMENT. DEVELOPER MAINTENANCE RESPONSIBILITIES DO NOT EXTEND TO MAINTAINING THE PUBLIC IRRIGATION SERVICE OR SYSTEM ON GOLDEN GATE DRIVE 50 0 60 too 0 6 BKF ENGINEERS EXHIBIT A 2128114 CONNOLLY STATION O 6 BKF ENGINEERS EXHIBIT A 2128114 CONNOLLY STATION RESOLUTION NO. -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT WITH PARCEL MAP 10027, CONNOLLY STATION WHEREAS, a Vesting Tentative Tract Map for Tract 10027 — Connolly Station was approved by Planning Commission Resolution No. 06 -009 on October 24, 2007, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project - related stormwater treatment measures with this project; and WHEREAS, said Conditions of Approval required the developer to enter into a "Stormwater Treatment Measures Maintenance Agreement" for the maintenance of the stormwater treatment measures; and WHEREAS, the improvements, including said stormwater treatment measures, are complete in accordance with the plans on file with the City Engineer, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater Treatment Measures Maintenance Agreement with Parcel Map 10027, Connolly Station, attached hereto as Exhibit "A," which will be recorded against the property; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approve the Agreement and authorize the City Manager to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 18th day of March, 2014. AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: Martha Aja Environmental Services City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT This Stormwater Treatment Measures Maintenance Agreement ( "Agreement ") is entered into this 3rd of Mach , 2014 by and between the City of Dublin ( "City') and Essex Dublin Owner, L.P a property owner of real property described in this Agreement ( "Property Owner"). RECITALS A. On October 14, 2009, the Regional Water Quality Control Board, San Francisco Bay Region, adopted Order R2 -2003 -0074, CAS612008, issuing the Municipal Regional Stormwater NPDES permit (MRP) for the San Francisco Bay Region; and B. Provision C.3.h of the MRP, and as it may be amended or reissued, requires the permittee public agencies to provide minimum verification and access assurances that all treatment measures shall be adequately operated and maintained by entities responsible for the storm water treatment measures; and C. The Property Owner, Essex Dublin Owner, L.P is the owner of real property commonly known as Connolly Station (the "Property "), and more particularly described in the attached Legal Description, legible reduced -scale copy of the project Site Plan or comparable document (Exhibit A -- Property Description) upon which stormwater treatment measures are located or to be constructed; and D. The City is the permittee public agency with jurisdiction over the Property. E. The Property Owner, its administrators, co- owners, executors, successors, heirs, assigns or any other persons, including any homeowners association (hereinafter referred to as "Property Owner") recognizes that the storm water treatment measure(s) more particularly described and shown on Exhibit B -- Stormwater Mangement Site Plan and the project plans entitled connolly statton Connolly Station , prepared by BKF Engineers of which full -scale plans and any amendments thereto are on file with the Public Works Department of the City of Dublin, must be installed and maintained as C:1 Usersl doreMppDatalLocaNM !crosoftlwindowslTemporary Internet FileslContent .Outtookl7-HGDLXMfH10M Stormwater Agreement Feb 2014 (2).doc Page 1 of 10 indicated in this Agreement and as required by the NPDES permit. F. The City and the Property Owner agree that the health, safety and welfare of the citizens of the City require that the stormwater treatment measure(s) detailed in the Site Plan or comparable document be constructed and maintained on the Property; and G. The Dublin Municipal Code Chapter 7.74, and other City guidelines, criteria and directions require that the stormwater treatment measure(s), as shown on the approved Site Plan or comparable document, be constructed and maintained by the Property Owner NOW, THEREFORE, with reference to the above recitals and in consideration of the mutual promises, obligations, and covenants herein, the Property owner agrees as follows: SECTION 1: CONSTRUCTION OF TREATMENT MEASURES The on -site stormwater treatment measure(s) shown on the Site Plan or comparable document shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the development and any other requirements thereto which have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other written direction. SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY This agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another entity. Before the Property is legally transferred to another entity, the Property Owner shall provide written notice of the Agreement to the transferee and provide the City a copy of such notice. SECTION 3: MAINTENANCE OF TREATMENT MEASURES The Property Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness, and shall, at its sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the Treatment Measure Operation and Maintenance Inspection Report (Inspection Report) agreed hereto an example of which is attached as Exhibit C — Inspection Report. This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally designed and approved. The Inspection Report shall include a detailed description of and schedule for long -term maintenance activities. SECTION 4: SEDIMENT MANAGEMENT The Property Owner will manage sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) appropriately. The Property Owner will C: IUsersldorarlAppDatalLocaiXMicrosoftlwindowslTemporary Internet Files \Content.Outlook\ZHGDLXMH10M stormwater Agreement Feb 2014 (2).doc Page 2 of 10 provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the Inspection Report. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, state and local law and regulations. SECTION 5: ANNUAL INSPECTION AND REPORT The Property Owner shall, on an annual basis, complete the Treatment Measure Operation and Maintenance Inspection Report (annual report), attached to this agreement as Exhibit C. The annual report shall include all completed Inspection and Maintenance Checklists, attached hereto as Exhibit D -- Check List, for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this agreement. The annual report shall be submitted no later than December 31 of each year, under penalty of perjury, to the City of Dublin NPDES Coordinator at the City of Dublin, 100 Civic Plaza, Dublin CA, 94568 or another member of the City staff as directed by the City. The Property Owner shall provide a record of the volume of all accumulated sediment removed from the treatment measure(s) in the annual report. The Property Owner shall conduct a minimum of one annual inspection of the stormwater treatment measures) before the wet season. This inspection shall occur between August 18t and October 15 each year. The Inspection Report, Exhibit C, may require more frequent inspections. The results of inspections shall be recorded on the Model Inspection & Maintenance Checklist(s) attached as Exhibit D. SECTION 6: NECESSARY CHANGES AND MODIFICATIONS At its sole expense, the Property Owner shall make changes or modifications to the stormwater treatment measure(s) and/or the Inspection Report, Exhibit C, as may be determined as reasonably necessary by the City to ensure that treatment measures are properly maintained and continue to operate as originally designed and approved. SECTION 7: ACCESS TO THE PROPERTY The Property Owner hereby grants permission to the City; the San Francisco Bay Regional Water Quality Control Board (RWQCB); the Alameda County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees to enter upon the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that treatment measures are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when it has a reasonable basis to believe that a violation of this Agreement, the City's Stormwater Management Program, guidelines, criteria, other written direction, or the Municipal Regional Stormwater NPDES Permit (Regional Board Order R2- 2009 -0074, and any amendments or re- issuances of this permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the Inspection Report criteria or other written direction. Whenever possible, the City, RWQCB, or the Mosquito Abatement District shall provide reasonable notice, delivered pursuant to Section 9 of this agreement, to the Property Owner before entering the property. C: NUsersldoraAAppDatal LocaRMicrosoftlwindows\Temporary Internet Filos \Content.Outlook2H(3DLXMH1OM Stormvmter Agreement Feb 2014 (2).doc Page 3 of 10 SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved Site Plan or comparable document in good working order acceptable to the City and in accordance with the Inspection Report, incorporated in the Agreement, the City, and its authorized agents and employees with reasonable notice, delivered pursuant to Section 9 of this agreement, may enter the Property and take whatever steps it deems necessary and appropriate to return the treatment measure(s) to good working order. Such notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the City. SECTION 9: NOTICES All notices herein required shall be in writing, and delivered by person or send by registered mail, postage pre -paid. Notices required to be given to the City shall be addressed as follows: NPDES Coordinator Environmental Services City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to Property Owner or Property Manager shall be addressed as follows: Company Name: Connolly Station Attention: Abigail Dizon Street Address: 7550 St. Patrick Way City: Dublin State: CA zip Code: 94568 Telephone Number: 925 - 273 -9933 Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. SECTION 10: REIMBURSEMENT OF CITY EXPENDITURES In the event the City, pursuant to this Agreement, performs work of any nature (direct or indirect), including any reinspections or any actions it deems necessary or appropriate to return the treatment measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the City of Dublin upon demand within thirty (30) days of receipt thereof for the costs incurred by the City hereunder, including reasonable mark -ups for overhead and expenses. If these costs C:\ Usersldorarl AppDatalLocaRMicrosoft \Windows\Temporary Internet Files\Content.Oudook\ZHGDLXMMOM 5tormwater Agreement Feb 2014 (2).doc Page 4 of 10 are not paid within the prescribed time period, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties, Said assessment shall be a lien against the Property, or prorated against the beneficial users of the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to and not in lieu of any and all legal remedies as provided by law, available to the City as a result of the Property Owner's failure to maintain the treatment measure(s). SECTION 11: INDEMNIFICATION The Property Owner shall indemnify, hold harmless and defend the City and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the treatment measure(s) by the Property Owner or the City. In the event a claim is asserted against the City, its authorized agents, officers, officials or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the City, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the City. SECTION 12: NO ADDITIONAL LIABILITY It is the intent of this agreement to insure the proper maintenance of the treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff. SECTION 13: TRANSFER OF PROPERTY This Agreement shall run with the title to the land. The Property Owner further agrees whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property. SECTION 14: SEVERABILITY The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement. SECTION 15: RECORDATION This Agreement shall be recorded by the Property Owner, or by the City by mutual agreement, within thirty (30)_days after the execution date of this Agreement as stated above among the deed records of the County Recorder's Office of the County of Alameda, C:%Usersldorar\ App© atalLoc aRMicrosoft\Windows\Temporary Internet Files \Content.Outlook\ZHG©LXMHIOM stormwater Agreement Feb 2014 (2).doc Page 5 of 10 California at the Property Owner's expense. SECTION 16: RELEASE OF AGREEMENT In the event that the City determines that the stormwater treatment measures located on the Property are no longer required, then the City, at the request of the Property Owner shall execute a release of this Agreement, which the Property Owner, or the City by mutual agreement, shall record in the County Recorder's Office at the Property Owner's expense. The stormwater treatment measure(s) shall not be removed from the Property unless such a release is so executed and recorded. SECTION 17: EFFECTIVE DATE AND MODIFICATION This Agreement is effective upon the date of execution as stated at the beginning of this Agreement. This Agreement shall not be modified except by written instrument executed by the City and the Property -Owner at the time of modification. Such modifications shall be effective upon the date of execution and shall be recorded. SECTION 18: MISCELLANEOUS The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be fled and heard in a court of competent jurisdiction in the County of Alameda. In the event of legal action occasioned by any default, inaction or action of the Property Owner, the Property Owner agrees to pay all costs incurred by the City in enforcing the terms of this Agreement, including reasonable attorney's fees, litigation expenses, including experts' fees and costs, and other costs which shall become part of the lien against the Party. CITY: PROPERTY OWNER: CITY OF DUBLIN Essex Dublin Owner, L.P Typed or Printed Name Title 3rd of Mach _r By: `- r ohn Eudy Typed or Printed Name Executive Vice President, Development Title March 3s 2014 Date Date (Attach Notary Acknowledgment) C:lUsersldorarlAppData \Local MicrosoftlWindows \Temporary Internet Files%Content.Outlook\ZHGDLXME ROM Stormwater Agreement Feb 2014 (2).doc Page 6 of 10 ACKNOWLEDGMENT State of California County of Santa Clara On March 3, 2014 before me, Elisa M, Taylor, Notary Public (insert name and title of the officer) personally appeared John Eudy 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 helshelthey 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. ELI$A M. TAYLOR WITNESS my hand and official sea[. "" Commission # 1994625 a ; =at !Votary Public - California z /! z ' �i . a Santa Clara County My Comm. Expires Nov 16, 2016 Signature (Seal) Real property in the City of Dublin, County of Alameda, State of California, described as follows; PARCEL 1 AS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP 10027 - BEING ALL OF PARCEL A, AS SAID PARCEL IS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP 2621 ", FILED FOR RECORD ON DECEMBER 20, 1978 IN BOOK 107 OF PARCEL MAPS AT PAGE 50 AND ALSO BEING ALL OF LOT D, AS SAID LOT IS SHOWN ON THAT CERTAIN MAP ENTITLED "PARCEL MAP P.M. 4224 ", FILED FOR RECORD ON FEBRUARY 6, 1983 IN BOOK 143 OF FINAL MAPS AT PAGE 6" WHICH MAP WAS FILED FOR RECORD JULY 25, 2011 IN BOOK 318 OF PARCEL MAPS, PAGES 14 -18. APN: 941 -1500- 046- 01(portion) 11". l9yA GOLDEN GATE DR. - r "bufxC7 [ ] I Jr I� ��[J - Ian �x�� -. (xCj (�— to[i `© i z. JJ #310 t LJ , o TA #4 2 - . u - l �r I � 1 TA #� ® `� C)j GRWHJC SCALE . _ _ f ��` so o w boa I� � }` }• TA #I r � I II - _ , 'I R STORMWATER SYMBOLS 1 4 ' I ' I1 i i Ot AT -GRADE BIORETENllO`I PLANTER. SEE DETAIL O2 RAISED BIDRETENTION PLANTER. SEE DETAIL 9 1 } ' s, I — 3 _tai q- ' E JI ' I Illii €i!I - i � -tl - 1 I E 7 \\ , � r S I , • ..__ _, �.UJ 1._��_.�...- § _� l,,._� I_.._g._... �.� �-- -�1 i_,.�� .: �: ���i S- ___�..u_.,.,_:�:.::'a 1 ice,..__; -- l 1 � k ` _ o �J2 I I. EXHIBIT B STORMWATER SITE PLAN PAGE I OF 3 BKF ENGINEERS 2126114 zo � F a c°nr, owa °fe et] K @ Q' z �14a15"1 ftp W pp Wao wN az QpA " ;6 pz a \ an Q z 0 i� C13 EXHIBIT B PAGE 2 OF 3 4 '~ r l•4F .i s•.S,^. `�4.3, 7 0 O N4 n f< z mm Z N O p {F¢? 2< m Z NZ pz?>n�W E-O of U2 F pU��NB �O L z o Q1ztF m n ' a Z QZJ-Un mQ a ¢doc:c z elh 4rz wtc o >Z az ¢< zgo�za.: VOiy� U� �w4 PpCrj 4i W W Zz U�,,O WOW 5Z fj &��IW� 6aLl -a�° X �Ur zJ : .y '7 w � a,6 FS z 8 3 z ° 6 0 � � Z �a O 8N i- ¢ a O Ifl �li n as ¢w So fa A 1 r• l.. • Y F- z DOWNSFOUT BUBBLER, SEE DETAIL 8 4' PERFORATED SUBDRAIN CAP 4' PVC (TYP) PLANTER WALL 8' STORM DRAIN TOP OF WALL ELEV. SEE LANDSCAPE PLANS PLANTER WALL 18' SANDY LOAM MIN INFILTRATION RATE 5'/ HR I2° OPEN GRADED GRAVEL -0.5' IXA. 4' PERFORATED SUBDRAIN DRAINAGE BUBBLER, SEE DT B G' SOLID PVC RISER 8' STORM DRAIN z u x 0 yr ELM OVERFLOW DRAIN NDS 9'X9' SQUARE DEEP HOUSING SPIGOT ADAPTOR PATH 9' SQUARE GRATE OR 2' CAP EQUIVALENT I BUILDING WALL SEE ARCHITECTURAL PLANS FOR WATERPROOFING. FOR OVERFLOW DRAIN NOS 9'X9° SQUARE DEEP HOUSNG SPIGOT ADAPTOR W4TH 9' SQUARE GRATE OR EQUIVAMa DTI 4' RISER 4'X4'%4 TEE (TYP) S° SOLID PVC RISER BUILDING WALL SEE ARCHITECTURAL PLANS FOR WATERPROOFING. - MUiAFI 140N OR EQUAL GEOTEXILE FABRIC RAISED BIORETENTION PLANTER DETAIL TITS EXHIBIT B PAGE 3 OF 3 Bloretention Area Inspection Report for Connolly Station 2/2612014 Project Address and Cross Streets 7550 St. Patrick's Way,, Dublin, CA 94568 Assessor's Parcel No.: 941 -1500- 046 -01 Property Owner: Designated Contact: Mailing Address:_ Phone No.: Phone No,: The property contains 7 bioretention areas, located in planters around the building perimeter as shown and numbered in the attached site plan (Exhibit B). 1. Routine Maintenance Activities The principal maintenance objective is to prevent sediment buildup and clogging, which reduces pollutant removal efficiency and may lead to bioretention area failure. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1. Table 1 Routine Maintenance Activities for 13loretention Areas No. Maintenance Task Frequency of Task 1 Remove obstructions, debris and trash from bloretention Monthly, or as needed after storm area and dispose of properly. events 2 inspect bloretention area to ensure that it drains between Monthly, or as needed after storm storms and within five days after rainfall. events 3 Inspect inlets for channels, soil exposure or other Monthly, or as needed after storm evidence of erosion. Clear obstructions and remove events sediment. 4 Remove and replace all dead and diseased vegetation. Twice a year 5 Maintain vegetation and the irrigation system. Prune and Before wet season begins, or as weed to keep bloretention area neat and orderly in needed appearance. 6 Check that mulch is at appropriate depth (3 inches per soil Monthly specifications) and replenish as necessary before wet season begins. 7 Inspect bioretention area using the attached inspection Monthly, or after large storm events, checklist. and after removal of accumulated debris or material Prohibitions The use of pesticides and quick release fertilizers shall be minimized, and the principles of integrated pest management (IPM) followed: 1. Employ non - chemical controls (biological, physical and cultural controls) before using chemicals to treat a pest problem. 2. Prune plants properly and at the appropriate time of year. 3. Provide adequate irrigation for landscape plants. Do not over water, 4. Limit fertilizer use unless soil testing indicates a deficiency. Slow- release or organic fertilizer is preferable. Check with municipality for specific requirements. EXHIBIT C Page 1 Bioretention Area Inspection Report Date of Inspection: Property Address: 7550 St. Patrick's Way, Dublin, CA Treatment Measure No.: 5. Pest control should avoid harming non - target organisms, or negatively affecting air and water quality and public health. Apply chemical controls only when monitoring indicates that preventative and non - chemical methods are not keeping pests below acceptable levels. When pesticides are required, apply the least toxic and the least persistent pesticide that will provide adequate pest control. Do not apply pesticides on a prescheduled basis. 6. Sweep up spilled fertilizer and pesticides. Do not wash away or bury such spills. 7. Do not over apply pesticide. Spray only where the infestation exists. Follow the manufacturer's instructions for mixing and applying materials. 8. Only licensed, trained pesticide applicators shall apply pesticides. 9. Apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging pesticides into runoff. With the exception of pre - emergent pesticides, avoid application if rain is expected. 10. Unwanted /unused pesticides shall be disposed as hazardous waste. Standing water shall not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the Alameda County Mosquito Abatement District ( ACMAD), as needed for assistance. In Albany, contact the Alameda County Vector Control Services District (ACVCSD). Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the ACMAD or ACVCSD, and then only by a licensed professional or contractor. Contact information for ACMAD and ACVCSD is provided below. Ill. Vector Control Contacts Alameda County Mosquito Abatement District 23187 Connecticut St. Hayward, CA 94545 Phone: (510) 783 -7747 Alameda County Vector Control Services District 1131 Harbor Bay Parkway, Ste. 166 Alameda, CA 94502 Phone; (510) 567 -6800 IV. Inspections The attached Bioretention Area Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted. 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