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Item 4.8 Jordan Ranch Tr 8142
or 19 82 STAFF REPORT CITY CLERK CITY COUNCIL File #600-60 DATE: November 18, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long-Term Encroachment for Landscape Features, Approval of Stormwater Treatment Measures Maintenance Agreements, and Acceptance of Park Land Dedication In-Lieu Credits for Tract 8142, Jordan Ranch, Neighborhood 2 (Toll CA III, L.P.) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: Toll CA III, L.P., a California Limited Partnership, is filing a Final Map for Tract 8142 (Jordan Ranch, Neighborhood 2) to create 36 individual lots for the construction of 36 homes. Tract 8142 is bounded to the north by Sunset View Drive, to the east by Table Mountain Drive, to the south by Panorama Drive, and to the west by Sunset View Court, Panorama Court and Tract 8179. FINANCIAL IMPACT: Park Land dedication requirements are proposed to be satisfied with Park Land Credits held by the Developer. Credits are being used to satisfy $288,216.00 in Community Park Land Fees due. Credits are also being used to satisfy $145,584.00 in Neighborhood Park Land Fees due. The developer has signed a Tract Improvement Agreement and has posted bonds to guarantee the construction of tract improvements within Tract 8142. The Performance Bond and Labor & Materials Bond amounts for construction of the tract improvements are for 100% of the estimated cost to construct the improvements. Bond amounts are summarized in the table below. Purpose of Bons! Bond Number Amount of Bond Faithful Performance 09137900 $1,296,580.00 Labor & Materials 09137900 $1,296,580.00 The developer will be responsible for all construction inspection costs related to the improvements required for Tract 8142. All streets internal to the proposed subdivision will be privately owned and maintained by the Homeowners' Association. The Homeowners' Association will also be responsible for maintaining the project-related landscape features within the public right-of-way and for maintaining the stormwater treatment measures constructed with this project. Page 1 of 3 ITEM NO. 4.8 RECOMMENDATION: Staff recommends that the City Council: 1) Adopt the Resolution Approving the Final Map and Tract Improvement Agreement for Tract 8142, Jordan Ranch, Neighborhood 2. 2) Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8142, Jordan Ranch, Neighborhood 2; 3) Adopt the Resolution Approving the Stormwater Treatment Measures Maintenance Agreements with Tract 8142, Jordan Ranch, Neighborhood 2; and 4) Adopt the Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8142, Jordan Ranch, Neighborhood 2. a c( Submitted By Reviewed By 'A Reviewed By Public Works Director Administrative Assistant City Manager Services Director DESCRIPTION: Toll CA III, L.P., a California Limited Partnership, is filing a Final Map for Tract 8142 to subdivide Lot 8 of Tract 8100 into 36 lots for the construction of 36 homes (Attachment 1). The Final Map for Tract 8142 dedicates a public service easement and an emergency vehicle access easement. The Final Map for Tract 8142 has been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 10-25 on May 11, 2010. The Developer has submitted an executed Tract Improvement Agreement, together with the required Faithful Performance and Labor & Material Bonds. The Agreement for Long Term Encroachment for Landscape Features for Tract 8142 provides for the Homeowners' Association to maintain project-related landscape features within the public rights-of-way along the project boundary streets, including planter strips, sidewalks, and street trees. The Stormwater Treatment Measures Maintenance Agreements with Tract 8142 provides for the Homeowners' Association to maintain the stormwater treatment measures constructed with this project, which include stormwater inlet inserts and a bioretention pond. Staff has prepared a Resolution Approving the Final Map and Tract Improvement Agreement for Tract 8142, Jordan Ranch, Neighborhood 2 (Attachments 2 and 3), a Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8142, Jordan Ranch, Neighborhood 2 (Attachments 4 and 5), and a Resolution Approving the Stormwater Treatment Measures Maintenance Agreements with Tract 8142, Jordan Ranch, Neighborhood 2 (Attachments 6, 7 and 8). Page 2 of 3 Park Land Dedication Requirements Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land or pay a fee in-lieu of dedicating such land as a condition of final map approval. Toll CA III, L.P., has acquired Community Park Land credits and Neighborhood Park Land credits from another developer. The following table shows how Toll CA III, L.P. will satisfy the Park Land requirements for Tract 8142: Dedication Fees In lieu Toll CA'111, L.P. Requirement of Dedication = Compliance Community Park Land 0.252 acres $288,216.00 Use of Credits Acquired Neighborhood Park Land 0.108 acres $145,584.00 Use of Credits Acquired The calculation of the acreage required and/or in-lieu fees are determined in accordance with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8142, Jordan Ranch, Neighborhood 2 (Attachment 9), which outlines the requirements and how Toll CA III, L.P. will achieve compliance. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this report have been provided to Toll CA III, L.P. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8142 2. Resolution Approving the Final Map and Tract Improvement Agreement for Tract 8142, Jordan Ranch, Neighborhood 2 3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract 8142, Jordan Ranch, Neighborhood 2 4. Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features with Tract 8142, Jordan Ranch, Neighborhood 2 5. Exhibit "A" to Resolution, Long-Term Encroachment Agreement with Tract 8142, Jordan Ranch, Neighborhood 2 6. Resolution Approving the Stormwater Treatment Measures Maintenance Agreements with Tract 8142, Jordan Ranch, Neighborhood 2 7. Exhibit "A" to Resolution, Stormwater Treatment Measures Maintenance Agreement with Tract 8142, Jordan Ranch, Neighborhood 2 8. Exhibit "B" to Resolution, Stormwater Treatment Measures Maintenance Agreement with Tract 8142, Jordan Ranch, Neighborhood 2 9. Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8142, Jordan Ranch, Neighborhood 2 Page 3 of 3 LIVERMORE s OWNER'S STATEMENT DUBLIN e THE UNDERSIGNED DOES HEREBY STATE'.THAT HE IS THE OWNER OF ALL THE LANDS DELINEATED AND EMBRACED x WITHIN THE TRACT BOUNDARY LINE OF THI5 FINAL MAP ENTITLED "TRACT 8142, JORDAN RANCH, CITY OF DUBLIN, PROJECT ALAMEDA GO Sly,CALIFORNIA CONSISTING OF SEVEN(7)SHEET5, THI5 STATEMENT BEING UPON SHEET ONE(1) SITE THEREOF;THAI HE CONSENTS TO THE PREPARATION AND FILING OF SAID MAP:THAT SAID MAP PARTICULARLY SETS AFAIIII FORTH AND DESCRIBES ALL THE LOTS INTENDED FOR SALE BY THEIR NUMBER AND PRECISE WIDTH AND LENGTH:AND r THAT SAID MAP PARTICULARLY SETS FORTH AND DESCRIBES THE PARCELS OF GROUND RESERVED FOR PUBLIC PURPOSES BY THEIR BOUNDARIES,COURSES AND EXTENT, TIE REAL PROPERTY 1EICR%GAEL-ITOI ED AS AN EASEMENT FOR PUBLIC PURPOSES LIFE AREAS IS DESIGNATED A,PUBLIC AEG CE E'EMEN E FOP CDN5TPUCTION AND MAINTENANCE OF UNOERGROUND UTILITY 0 -660 W V STRUCTURES,STREET LIGHTS,AND ALL FELATEO APPURTENANCES THE REAL PROPERTY DESCRIBED BELOW 15 DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES'. THE AREAS DE SI CNATED AS EMERGENCY EQUI PMENT.EMERGENCY VEHICLE ACCESS EASEMENT EVAE FOR ACCESS OF PUBLIC SAFETY VEHICLES AND a fir——W LIVERMORE EASMENT THE DEAL PEDESTRIAN RX.Ell WAYS FGO THE SMUTUAL E BENEFET OF THES LOTSE ADJOINING TO THE ERASEMENTSHASESHOWN,SAID M I�innl-J EASEMENTS ARE NOT OFFERED FOR DEDICATION TO THE PUBLIC.MAINTENANCE OF SAID AREAS SHALL BE THE �— -B- RESPONSIBILITY of THE JORDAN RANCH DETACHED HOMES OWNERS All C NATION. PLEASANTON ALAMEDA THE REAL PROPERTY DESIGNATED AS PRIVATE STORM DEAN EASEMENT"RODE"ARE FOR THE PURPOSE OF ''I COUNTY INSIALLATION,ACCESS OVERLAND RELEASE,AND MAINTENANCE OF PRIVATE STORM DRAINAGE FACILITIES AND APPURTENANCES THERETO.SAID EASEMENTS ARE NOT OFFERED FOR DEDICATION To THE PUBLIC. MANENANCE of VICINITY MAP SAIT AREAS SHALL BE THE RESPONSIBILITY OF THE TDROAN RANCH DETACHEO HOMES OWNERS ASSOCIATION PIT AGE THE REAL PROPERTY DESIGNATED AS PRIVATE SANITARY SEWER EASEMENT"PSSE"ARE FOR THE PURPOSE OF INSIALLAT10,ACCESS,AND MAINTENANCE OF PRIVATE SANITARY SEWER FACILITIES AND APPURTENANCES THERETO.E ASEMENTS ARE NOT OFFEE D F OR BE 0 CAT IN To THE PUBLIC MANTENDANCE OF SAID AREAS SHALL BE THE SO 0 THE REAL PROPERTY DESIGNATED AS PRIVATE WATER LINE EASEMENT"PAYS'ARE FOR THE PURPOSE OF INSTALLATION, ACCESS.AND MAINTENANCE OF PRIVATE WATER LINE FACILITIES AND APPIRLENANC LL THERETO.SAID EASEMENTS ARE NOT JORDAN OFFERED FOR DEDICATION To THE PUBLIC MAINTENANCE IF SAD AREAS SHALL BE THE RE SPDN 51 BIUtt of THE OWNER'S ACKNOWLEDGEMENT JORDAN RANCH DETACHED HOMES OWNERS ASSOCIATION. STATE OF THE REAL PROPERTY DESIGNATED AS PRIVATE PEDESTRIAN ACCESS EASEMENT"PPAE"ARE FOR THE PURPOSE OF COUNTY OF PRIVATE PEDESTRIAN ACCESS WAYS FOR THE MUTUAL BENEFIT OF THE LOTS ADJOINING TO THE EASEMENTS AS SHOWN, SAD EASEMENTS ARE NOT OFFERED FOR DEDICATION TO THE PUBLIC,MAINTENANCE OF SAID AREAS SHALL BE THE ON ,2014, BEFORE ME. , RESPONSIBILITY OF THE JORDAN RANCH DETACHED HOMES OWNERS ASSOCIATION. A NOTARY PUBLIC,PERSONALLY APPEARED W PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE 10 BE THE PERSON(S) COIINTV RECORDERS STATEMENT THE REAL PROPERTY DE BE AIDE AS PARCEL AIN IS RESEE FO AS COMMON AREA FOR LANDSCAPING,ACCESS AND WHOSE NAMES)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED RELATED PURPOSES TO BE OWNED AND MANTANEO By THE JORDAN RANCH DETACHED HOMES OWNERS ASSOCIATION TO ME THAT HE/SINE/THEY EXECUTED THE SAME IN HIS/TER/N THEIR AUTHORIZED FILED FOR RECORD THIS DAY OF 2014,AT M..IN BOON CI TY(IE S).AN NISI/HER/WEIR H THE RE(S)ON IHE INSTRUMENT IHE OF MAPS Al PAGES AT THE RE OUE Si OF FIRST AMERICAN TITLE COMPANY. THE REAL PROPERTY DESIGNATED AS SANITARY SEWER EASEMENT"SSE"ARE IRREVOCABLY OFFERED FOR DEDICATION NT AN I—PI(5).OR THE fNTltt ON BEHALF OF WHICH THE PE RSON(5)ACTED,fX fCUTED THE TO SURFACE EASEMENT FOR SANTAIY DUBLIN SAN RAM ON SERVICES OISiWIED(DSRSD), OR ITS DESIGNEE IN GROSS.AS A SUBSURFACE EASEMENT AND INSTRUMENT. FEE'. $___-- DOCUMENT N0.PUPOS MA NTENANCE 1EPA I AND REPLACEMENT OF WORKS, IMPROVEMENTS, AND STRUCTURE A AND I E CLEARING F I COST Fy UNDER PENALTY of PERJURY UNDER THE LAWS of THE STATE OF CALIFORNIA OBSTRUCTONS AND VEGETATION No BLDING 0, SN THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. PATRICK 000NNELL MAT STRUCTURE ANYTHING BE DONE THEREIN, NOR ACCESS REILICLED THERETO WHICH MAY ON WITH DSRSDS NOF FULL COUNTY RECORDER IN AND FOR THE T.SAID SSE SHALL BE ACCEPTED BY SEPARATE INSTRUMENT SUBSEQUENT TO THE WITNESS MY HAND. COUNTY OF ALAMEDA,STATE OF CALIFORNIA PRINT NAME: THE REAL PROPERTY DESCRIBED HEREIN IS ALSO SUBJECT TO THAT CERTAIN DECLARATION OF COVENANTS,CONDITIONS, NOTARY PUBLIC IN ANO FOR SAO COUNTY AND STATE BY_ AND RESTRICTIONS(CC&RCS)THAI GOVERN THIS SUBDIVISION AND ANY AMENDMENTS THERETO APPROVED IN DEPUTY COUNTY RECORDER ACCORDANCE WITH THEIR TERMS. MY COMMISSION NUMBER: MY COMMISSION EXPIRES'._ THIS MAP SHOWS ALL EASEMENTS ON THE PREMISES AND/OR OF RECORD. PRINCIPAL COUNTY OF BUSINESS °o IN WITNESS WHEREOF, eat THE UNDERSIGNED HAVE EXECUTEO THIS STATEMENT ON THE DAY OF 2014. OWNER:IOLL CA III.LP A CALIFORNIA LIMITED PARINERSHIP TRACE 8142 BY TOLL CA SP CORP, JORDAN RANCH ITS GENERAL PARTNER BEING A SUBDIVISION OF LOT 8 AS SHOWN ON THE MAP OF TRACT 8100, FILED IN BOOK 325 OF]BAPS AT PAGE 24 BY. OFFICIAL RECORDS OF ALALIEDA COONTY RICHARD M.NELSON,DmsoN PRESIDENT CITY OF DUBLIN ALAMEDA COUNTY, CALIFORNIA RUGGERI-JENSEN-AZAR CIVIL ENGINEERS, PLANNERS, SURVEYORS P A APE: 985-0098-009 JOB N0.081001 NDVeMSare zalareN SHEET 1 OF 7 NNEETS ENGINEER'S STATEMENT PLANNING MANAGER'S STATEMENT CITY CLERK'S STATEMENT THIS MAP WAS PREPARED BY ME DR UNDER MY DIRECTION,AT THE REOUESI OF THIS MAP CONFORMS TO THE TENTATIVE MAP AND CORRESPONDING CONDITIONS AS APPROVED BY THE LIN IT IS BASED UPON A FIELD SURVEY PERFORMED BY ME OR UNDER MY DIRECTION IN MAY 2013.IN PLANNING COMMISSION ON MAY 11,2010,THIS MAP HAS BEEN RENEWED BY ME AND THE CONDITIONS CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE.AND IS OF APPROVAL HAVE BEEN SATISFIED. EOUNROR OF RO 0 8142 CLERK JORDAN CRA CO CLERK ACONOS TNOGB OFS EVEN H(7)SHEETS,TSN Ae HMS P TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS STATEMENT BEIN GE UPON SHffT F'WO N(2)RTHfRf OF,SWAS PRESENTED TO SAID COUNCIL AS AP OF ANr).T PROVIDED BY RElOUl ION N0. AT A MEETING HELD ON THE F,AND Co'TNALLY APPROVE CHARACTER AND OCCIly TIE IS'IT ON,NUDISATE ENABLE THE _______ ___—DAY OF—------_.2014.ANA'HAT SAID COUNCIL DID SURVEY TO BE RE TRACER.THE GROSS AREA WITHIN THE TRACT IS a.22 ACRES,MORE THEREUPON APPROVE SAID MAP AND DID ACCEPT,SUBJECT TO IMPROVEMENT,ON BEHALF OR LESS PLANNINGE MANAGER DATE OF THE PUBLIC. PUBLIC SERVICE EASEMENT"PSE AND EMERGENCY VEHICLE ACCESS EASEMENT"EVAE", SHOWN THEREUPON AS DEDICATED FOR PUBLIC USE. FURTHER STATE THAT ALL AGREEMENTS AND SURETY AS REOUIRED BY LAN'TO R HE WITHIN FINAL MAP HAVE BEEN APPROVED BY THE CITY COUNCIL DF THE CITY OF DUBLIN ACCOMPANY PIER0 P.RUGGERI, GE.NO,25281 DATE T REGISTRATION EXPIRES DECEMBER 31,2015 AND ARE FILED IN MY OFFICE. IN WITNESS WHEREOF,I HAVE HEREUNTO SET MY HAND THIS DAY OF CAROLINE AUTO,CITY CLERK AND CLERK OF THE COUNCIL OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA,STATE OF CALIFORNIA CITY ENGINEER'S STATEMENT SOIL REPORT HEREBY STATE THAI I HAVE EXAMINED THIS FINAL MAP ENPLED'TRACT 8142,CITY OF DUBLIN, A SOIL AND GEOTECHNICAL INVESTIGATION AND REPORT DATED AUGUST 17,2010 ALAMEDA PONT',CCALIFORNIA"AND THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY PROJECT N0.7828.000.000 WAS PREPARED BY ENGEO,INC.,AND FILED WITH THE COUNTY OF THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, CITY OF DUBLIN,CALIFORNIA ALAMERA STATE OF CALIFORNIA,DO HEREBY STATE,AS CHECKED BELOW,THAT THAT ALL PROVISIONS OF CHAPTER 2 OF SUBDIVISION 2 OF UPLE 7 OF THE CALIFORNIA GOVERNMENT CODE ISUPE PENSION MAP ACTAND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL E] AN APPROVED BOND HAS BEEN FILED WITH THE SUPERVISORS OF THE SAID OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, COUNTY AND STATE IN THE AMOUNT OF ffi CONDITIONED FOR THE PAYMENT OF ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES WHICH ARE NOW A LIEN AGAINST SAID LAND OR ANY PART THEREOF. BUT NOT YET PAYABLE,AND WAS DULY APPROVED BY SAID BOARD IN SAID AMOUNT. ANDREW RUSSELL,R.C.E.NO 61348 DATE CITY ENGINEER,CITY OF DUBLIN ALL TA%ES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES HAVE BEEN LICENSE EXPIRES JUNE 30,2015 CERTIFIED BY THE TREASURER-TAX COLLECTOR OF THE COUNTY OF ALAMEDA IN WITNESS WHEREOF,I HAVE HEREUNTO SET MY HAND THIS DAY OF_____.2014. NOTE CHERYL PERKINA ASSISTANT CLERK OF THE BOARD OF SUPERVISORS THIS PROPERTY IS ENCUMBERED BY THE FOLLOWING TERMS PROVISIONS AND EASEMENTS. COUNTY OF ALAMEDA 1.'NOTICE OF ESTABLISHMENT OF DUBLIN RANCH EAST SIDE STORM DRAIN BENEFIT STATE OF CALIFORNIA DISTRICT"RECORDED APRIL 3D,POPE AS INSTRUMENT NO 2DD7-168693, ACTING ASSISTANT CITY ENGINEER'S STATEMENT 2"DEVELOPMENT AGREEMENT"RECORDED JULY 27.2010 AS INSTRUMENT NO 2010-206466 BY HEREBY STATE THAI I HAVE EXAMINED THIS FINAL MAP ENI'LED'TRACT 8142,CITY OF DUBLIN, DEPUTY CLERK ALAMEDA COUNTY,CALIFORNIA' AND I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. E ND LICENSE AEXPIRES:T DECEMBER I,ENWNEER,OC TI OF DUBLIN A E FPR A CTlfl d I /I 2 JORDAN RANCH o BEING A MCNERISION OF LOT 8 AS SHOWN ON THE MAP OF TRACT 8100, FILED IN BOOK 325 OF MAPS AT PAGE 24 _ OFFICIAL RECORDS OF ALALIEDA COUNTY CITY OF D BITTEN ALAMEDA COUNTY, CALIFORNIA k AUGGER]-dENSEN-AZAR a CIVIL ENGINEERS, PLANNERS, SURVEYORS 8 P � NoveMBllre zala JOB N0.081001 SHEET 2 OF Y SHEETa' SHEET INDEX C2 57300 04F121 P— SHEET COVERAGE SHEET NUMBER Y '-0 11 IS TR 1CT dIDD Co953" 2iM5po"IWR) a5"E 21a o>fM M)N( ss3 C/J �CiH AS i 1 J.., eo� e5 58(M-M) Y9'W(9) J3 i 1 L J�� N 3 d^f 1E(i 00 _ 36 a3 �— Na0 zLgoo naive TRACT I p;055 BAgS NE 3 z 9227 2647 9 <e oR / L_,OS 33 _L VIEFgI NceWz t, RGEET _ 32 . I Naezr 260OL 4223" 28 ————— N9 w9 T 68 (M_la / 29 5 NCI 5 PC x 92aso 25 G� 36 e s C17 PEE 00 54C(M M) O J C al m ° ,,12 4 V. 24 31 34 V 21 30 e vs(I) ^ 2o 26 1 mle� 17 zo v LF g 4 23 PARCEL _4 22 7 1 zasa p0- 1 IB 79 ,17 16 6 © 3 oo 2 0 $ cl OA Ta�T 2,00 REV n 9 3 5 °I o pA 9 1 PARCEL"0" OX 20 11 \ o�A 12 ` L naa T9 N�sgss`R /e 1� I 7111CT CI 4 AW V qti 5 13 PSTT eeeoa �— S� m TRACT 2100 Go, e2 16 AN is DCVO mp) n�si>SiE Za.ozNT�J '_ wa 00 o ee49 f0 _ � � �,, Ao�A mm���� FA z1ao�,ml r.°2v g ��'� a>� s'�b v.�o4 752./ PAKCEl"A' �ciJ� \ o° N�v»>z "''�`�. N / TRACT 2100 \'zteo a V R9��» "SA�RO 110�. b g e 0.325 M 2a \ S LEGEND - —————TRACT BOUNDARY LINE DSRSD A SEMEN. TRACT 8142 DO AT N LOT/PARCEL LINE EVAE EMERGENCY vEHIaE AccESSSEASEMENT JORDAN RANCH MONUMENT LINE PA E PUBLIC ACCESS EASEMENT PSE PUBLIC SERVICE EASEMENT BE]NC A 9UBDIV1910N OF LOT 8 MONUMENT TIE LINE SSE SANITARY SEWER EASEMENT A9 9BOWN ON THE MAP OF TRACT 8100, NEW EASEMENT LIN AS NOTE' SIDE FILED IN BOOK 825 OF MAPB AT PACE 24 NOTES' — — EXISTING EASEMENTS LINE AS NOTED PSAE OFFIC]AL RECOIN9 OF ALAIAEDA CODNTY ALL MONUMENT TIE LINES ARE AT RIGHT ANGLES TO THE PAGE CITY OF DUBLIN MONUMENT LINE UNLESS OTHERWISE NOTED. EXISTING LOT LINE OO MONUMENT TO BE SET PER TRACT 8100 PSSE PRIVATE SANVARVV SEWERS EASEMENT ALAMEDA COUNTY, CALIFORNIA STAMPED FEE 25281 PRIVATE N'ATER LINE EASEMENT BASIS OF BEARINGS PPAE PRIVATE PEDESTRIAN ACCESS EASEMENT RUGGI I-JSAI AZAR 8 THE BEARING N53`33'4B'E BETWEEN MONUMENTS IN SUNSET E%. fXIfENC CIVIL ENGINEERS, PLANNERS, SURVEYORS g VIEW DRIVE AS SHOWN ON TRACT 81N FILED IN BOON 325 (M-M) T TO MONUMENT OF MAPS AT PAGE 24,ALAMEDA COUNTY RECORDS.IS TAKEN (R) P A AS THE BASIS OF BEARINGS FOR THIS MAP. IT) NOVEMBER 2014 IS FT SQUARE FEET ON NO 091001 SHEET 8 OF 7 SHEETS REFER e ooES y i pJ FEE . suz4 TKSICT'PSO 325 M 24 / / BY`N HOS(M,M) �N.... TRACT 's M 24 o VIE44 DRIVE /CV/�� — ry51•S''48 E 150IWP( �5.0O Y N i\ 0 20 40 NO v 5'r1�AT, T SsP'1 t \ 0i GUPF PSE DGA _ q00 656-On i \ 3 FyM1.G PS \ ]j-,- El F 20 IL o s 901"E 1PS42(M'M) E �� pW1C C R,91800 G3 SOi,(LOi) i T fir8 3855-i50Fi °-4 CV _ N 9 _515`/ / pWtE� 5469 8. 3rzo(71 �4r` \ i 3E EVPE a2°�1 7 \ \ PWIE 3 U] 1T(+) 1sa 1 5( 24 N59�9'US"G 6 C TCO D_46. LOE) \ Pf P� P E d,1�Qfi_ \ \ 5 0( PVhE \ 30 P�wE PSR a 1�T w V 1 aoj_ n e'4'/ 2 .58 _ \\ NSiaJS+AE a \V/ 1 - pz% 5 ,� — — PC211 =az ss o13 -on �f i _7 90`G000" 51.15'(LOT)f�PVh=y_ u \ L.e6.69 o_ 04 \ / o PSE.SSG 1 SP GV�PSPCPP RP\ Npyn6C 6EE \ `\PSOf \ jp[vPE p E , / \ 1 So'. s9I SP _ f 1_ E.PSPE.P / a238 0 50 L�P't \ 26 \ PPAf b \ IT \m 3.aG41S;)f]. 15FFPE XX% t SO \ ° o m PSSC\ \ \ \�'.\\ \ \ v� = ase�_ rz 1 3o'F'AE,psi,esoE 1 Nsg�z'aTC 10 v i v °4 i 23 P'NG T v Pm[ v E PsG T a,%asESOrt v vv \ psP aD''S O A P ' \ TT NSSOS'eA"E O1 so 22 \ \ N CEPASIT \ s ofv 2gPPPE \/ se e1 9 5 IP50E 1 dE ne PSF. t osla5sorz T Tv L ` c =1 1 r PSU.PBOG_� v 1 v me1,oA1e j0�G 0 E n3zb,sA�w v v1 1 1 + PAC v v Nz5' 1i'G Ey,m PARCEL T 4.4411 FT esPPo-c s� v Nze°q1 es.TaP!sorz .w e.00' v 1 Do 3350' 11 N�roe m'w 1 SxEET a H 1 z %uao 40n es gosc 145>'(rl SEE 00 1 1499 1 N LEGEND - TRACT BDUNDARY LINT ESRSD DUBLIN SAN EAMON SERAC DISTRICT EASEMENT TRACT 8142 9 LOT/PARCEL LINE EVAE EMERGENCY VTHCLE ACCESSSEASEMENT EA TRACT FIX TY O OIN CAE PUBLIC ACCESS EASEMENT JORDAN RANCH -- MONUMENT DYNE a d?5 M UP Ty. PpC PEE PUBLIC SERVICE EASEMENT BENC A SUBDIVISION OF LOT 8 MONUMENT TIE LINE SANITARY SEWER EASEMENT A9 SHOWN ON THE MAP OF TRACT 8100, 8 NEW EASEMENT LINE AS NOTED SOE FILED IN B00K 825 OF MAPS AT PACE 24 NOTES: - - wE As NoTEO PBAE OFFIOAL RECORDS of ALAMEDA COUNTY ALL MONUMENT TIE LINES ARE AT RIGHT ANGLES TO THE MONUMENT LINE UNLESS OTHERWISE NOTED. %ISTIN LOT ELIN PAGE CITY OF DUBLIN STREET ACCESS EASEM PRIVATE STORM ORNN EASEMENT OO MONUMENT TO BE SET PER TRACT 8100 PACE PRIVATE SSATEB DYNE EASEMENT ALAMEDA COUNTY, CALIFORNIA BASIS OF BEARINGS STAMPED FEE zszal PPAE PRIVATE PEDESTRIAN accESS EASEMENT AUGGERI-dENSEN-AZAR 8 THE BEARING N53`33'4B'E BETWEEN MONUMENTS IN SUNSET E%. fX15ENC CIVIL ENGINEERS, PLANNERS, SURVEYORS g VIEW DRIVE AS SHOWN ON TRACT 81N FILED IN BOON 325 Um-M) T TO MONUMENT OF MAPS AT PAGE 24,ALAMEDA COUNTY RECORDS.IS TAKEN (R) P A AS THE BASIS OF BEARINGS FOR THIS MAP. IT) TRFAL NDEMEER 2014 IS IF SOUARE FEET ON NO 081001 SHEET 4 OF 7 SHEETS REFERENCES e oo, S F TaA GO CT N M 24 nwcT 12- 5 Bw d o 0 2o SO DO _ —— ——— EF 21, Iry ET) N ncn-920 rL�i s8 --� \ // w VI DN NB p _/ 9e19 r4'G aa5af�M) _ sUAISEI __ 56 VPwITl'y'LH3B1 Flo R Na ]—=CO,—,�a5 5CN'M7 �_ Pw�V� 3�Re�aa I • w5BA�5 BF BEAR :p%2.os a _ l -- 1�5+.5e �`ce UP 38 j� Ne"D _t_ N 5.92E-SP Fr FI �g , o `5'17'��PNt J — \ PSE.�'\ al a VNTB`Oj55 E�) p,0yN4506Nin �J99f'(LOT) 1%L%g \ 30'1, "ll P�L� 11 NON) i1.39.16N _ 6oJ 1 - 1 ' w \' PFL W R 33 q.E 1as aT0� lzoa'6 iE� O� ' 13 PNT 1 JO'CUAG PSG 55G 3.99 ACIE. \ o E \ Iz \ z°d m0 1- PVAS,PUG Pso[ /�, 32 \I 3a FvP<�psnEP PSMEA\ N55ss 45.E ar.e2'N6�6"5\E� AE \ \ 29 5 \ �pINN� v �,O,PSF. sccv 111111 IT —OFT of 1 151"45.E E1 so' 1 1��v - V 30'PW PSP 5\ - -_ 1 So FVAG PST.PSff. vt v 1 1 „a? v v vv u, vv 4.412!11 rc o r m� 2n, h Af a MN vv 50E,PsnE�PSOEvE NsaMaae''E Naa mH 1 11 1s' '�I vvv u v 34 e a l T PsoG 1 o� 1 T LA 3844iSQFT z9PPAE NsL° 4eE v 5 vv 1 v l 1 Ta'cunE.PSG a.T2isorz v �a�\ e.6PPAE \ V_� erss' en v 1 m l P55c.PSnE v v v v P4aaP'E R Q BE cNe Cl 30 v_ T l 27 I 1 1 3,844f51JFF. \ � \ 5�E 1P _ f £0 1 1 1 \ C�'0 N�4 F 4,B&2SU.F1 1 C5 PPAL PSf(11�O � \ 30'(VpC P50C � 1 � 1 25'PPOC +_— \ \ Y PSPG 1 m- 1 1 \ N65%I'4 C l 1 1 'A I N5114 2J 00 ' �—�� Psoc I I c 4-c 2b v v 1 1 nes�<e.F4 PARCEL % g5'PP4O 1 1 2FASATSQR SEE SHEET 6 .149`G 6511 LEGEND TRACT 8142 - DSRSD SEMENT Nes`A5'<eE LCT/PARCELELINE uNe Eves EMERGENCY vEHIaE AccESSSEASEMENT A JORDAN RANCH MONUMENT LINE PA E PUBLIC ACCESS EASEMENT PSE PUBLIC SERVICE EASEMENT BEING A BBBDIV1910N OF LOT 8 N MONUMENT BE LINE SSE SANITARY SEWER EASEMENT A9 BHOWN ON THE MAP OF TRACT 8100, NEW EASEMENT LINE AS NOTED SIDE FILED IN B00K 825 OF MAPB AT PACE 24 NOTES: - - WE AS NOTED PSAE OFFICIAL RECO DO OF ALAIABDA COUNTY ALL MONUMENT TIE LINES ARE AT RIGHT ANGLES TO THE MONUMENT LINE UNLESS OTHERWISE NOTED. %ISTIN LOT ELIN PSDE CITY OF DUBLIN STREET ACCESS EASEMENT PRIVATE STORM ORNN EASEMENT OO MONUMENT TO BE SET PER TRACT"OF PASS PRIVATE SSATER DINE EASEMENT ALAMEDA COUNTY, CALIFORNIA BASIS OF BEARINGS STAMPED FEE zszal PPAE PRIVATE PEDESTRIAN accESS EASEMENT AUGGERI-dENSEN-AZAR 8 THE BEARING N53`33'4B'E BETWEEN MONUMENTS IN SUNSET E%. fXISBNC CIVIL ENGINEERS, PLANNERS, SURVEYORS g VIEW DRIVE A5 SHOWN ON TRACT 81N FILED IN BOON 325 (M-M) T TO MONUMENT OF MAPS AT PAGE 24,ALAMEDA COUNTY RECORDS.IS TAKEN (R) P A AS THE BASIS OF BEARINGS FOR THIS MAP. \T) NOVEMBER 2014 IS FT SOUARE FEET ON N0.081001 9NEET 5 OF 7 NENDI SEE SHEET 5 1 (1 57 REFERENCES. 1 30 ()iaaci eico.Jzs M za s 7 P 5R EL A m Nes'says''c r za'Yr) 1� TAn 9LaB Ner�.Bo' 1 / 1 r w r 1 G 1 n mes ,AA 1 *�E s uu aiod o zo 4o NO 1 1 � L e i A_ r� I 5t3or. �3D T s4zsfsan I �� IO 1 ��' ` I Zsp At rpF/aI I I I 1 e 5 50.x. � r\ 1 cIhFEE20 vs Pm 1 � I I ��� M I1712 Nes°;nsc 6213' _ masg,o9.r i a( t-s c.v I ,' 2 G e l I 7 �aAC v�Psi I 0 vin,vsn 1 s s i� Drl �_ O. L g32af50R 13 TRACT VISA y X?S a I I� I 325 M_V 8 I_ _ a95iSQF: �Al L ��A4as`I ��rJ/ 9 4,11111111 1 F ,vE-I 4 1 A0141snn D=OSS>,. _=oj;ROrPN` _ smr�, ---mceir o'PZAC Asg3a i% ffiU L=aaea'mAP -�zss'aml Fn�vs�z' 'vzoOoU rzr'la c�1,� i $' ' I 1 I I I aV���A IS� re n asB.c0 rror ss an =a aeACd rF0'NO' rSSY ' .s "'G � C3 a66.00' vg136" dT�' ED 1145 1 !'s1T/O� '2300' ca aaaca r5a'7r" r9�, lulh(q OR/VE � _ B 2y. ♦ 'bHVipS5- l CS a92C0' v°0253' a Ol LEGEND NE DSRSD SEMEN' TRACT 8142 LCT/PARCELDUNE Eves EERCENCV vEHIaE AccESSSEASEMENN A JORDAN RANCH MONUMENT LINE PA E PUBLIC ACCESS EASEMENT PSE PUBLIC SERVICE EASEMENT BE]NC A 9UEDIV1910N OF LOT 8 N MONUMENT BE LINE SSE SANITARY SEWER EASEMENT A9 9BOWN ON THE MAP OF TRACT 8100, 8 NEW EASEMENT LINE AS NOTE SIDE FILED IN BOOK 825 OF MAPS AT PACE 24 NOTES: — — WE AS NOTE PSAE OFFICIAL RECORDS OF ALAMEDA COUNTY ALL MONUMENT TIE LINES ARE AT RIGHT ANGLES NO THE MONUMENT LINE UNLESS OTHERWISE NOTED. %ISNIN LOT ELIN PSUE CITY OF DUBLIN STREET ACCESS EASEMENT PRIVATE STORM GRAIN EASEMENT OO MONUMENT TO BE SET PER TRACT 8100 CASE PRIVATE WATER LINE EASEMENT ALAMEDA COUNTY, CALIFORNIA BASIS OF BEARINGS STAMPED FEE zSZaI PPAE PRIVATE PEDESTRIAN ACCESS EASEMENT AUGGERI-dENSEN-AZAR 8 THE BEARING N53`33'4B'E BETWEEN MONUMENTS IN BUNSEN E%. EXISTING CIVIL ENGINEERS, PLANNERS, SURVEYORS g VIEW DRIVE AS SHOWN ON TRACT 81N FILED IN BOON 325 (M-M) T TO MONUMENT OF MAPS AT PAGE 24,ALAMEDA COUNTY RECORDS.IS TAKEN (R) P A AS THE BASIS OF BEARINGS FOR THIS MAP. IN) TPLAL NOVEMBER 2014 IS FT SOUARE FEET ON NO 061001 SHEET 6 OF 7 9HEET3 NOTES: REFERENCES. ALL MONUMENT TIE LINES ARE AT RIGHT ANGLES TO THE (1)T,2111 8100,11111 \ \ p7 MONUMENT LINE UNLESS OTHERWISE NOTED. \ \ 2b \ \ zs BASIS OF BEARINGS )v )v Ns2roTVe'[ THE BEARING N5Y3548'E BETWEEN MONUMENTS IN SUNSET NSP Q \ NEW DRIVE AS SHOWN ON TRACT 8100,FILED IN BOOK 325 \ \ 33 q8P 1 OF MAPS AT PAGE 24,ALAMEDA COUNTY RECORDS.IS TAKEN \ 13 \ 1 AS THE BASIS OF BEARINGS FOR THIS MAP. \ \ S' SEE SHEET A v vv pYSE ps e3 a¢letei0E ><e( _ II 114E 7 55oi N50 05'PPP< \ � ]� �. a 1 T, O 1 v l 1Z moo'vs 1 m �'W fa4nA) \j-u 3.844tS0l1. \ P \\ 1 U'o. 0>,P4 1 6� \ \ f' T _ LEGEND o A PARCEL A" All IF - T v NE \ l V� 0 \ 2S]B925J.FT 9n950P \ 'l YSp Pf 5.41840lT \ �\ ry53°18 g[ 65T \ JO fVPC.�?�PP59CE MONUP LINE L C aJ \ \ ^\ \ -H \ g02235Q 1% ----- ----- NEW UEASEMENT NLNE f YP \ 0 Z PP AS NOTED g J 39 U \ A _� R — — EXISTING EASEMENT LINE AS NOTED \ UPC P� vv 1dv ' v '�ssc vv ETISnNC LO T LIKE psr Tao ���o(vA�psi.Fs�L T °o`A vv\ e 12 v PW v .T M STAMEPEO ecc Euze1 PER TRACT 81GO A ,e _ Q,5 .o a \ y ]5 \\ \ \ o \ �.- 5g,30T DSRSD DUBLIN SAN RAMON SERNCES DISTRICT EASEMENT \ _ 4,111111 IF f \ EMERGENCY VEHICLE ACCESS EASEMENT iW \\erg \ / \ S P W P PUBLIC ACCESS EASEMENT st'A, 50Hi3`/. -�mm L EPSE PUBLIC SERNCE EASEMENT ��— v (\ �pu°psPT' � SANITARY AEWEe EASEMENT / -�`v�. TsoTYG v PwE y vv a .¢' T SEE PR VATF s�RFFTAACCfss FesFMFNT PC DE PRIVATE STORM DRAIN fASEMf NT ,C\F V• 1 V38P A �Al.TO � F55 PRIVATE SANITARY SEWER EASEMENT CTnP 2o�YC/ A � �fi�0c e• Cm4(r7 EA p9"d PS c0sF CO� ��D4ij9 PPAEf PR VA oESrRIAN ACCESS EASEMENT G PEX. MoIINUMG HE G R "T 1B /lc - 6 RIVE (M-M) \TO MONUMENT V °f� A a.J2n_snvr. pdUC c4 Off,9 (R> ROADiALFN \ M1e �O'`am� Zp03pn p5 hlo \/ A IS IT SQUARE FEET 9 d \mss \ 'PPVh iJ 7166P� i T.PACT N?_WFEE "T 3_5 � \�� 'q52 AS "T A, TRACT TRACT 8142 �� / JORDAN RANCH �2^ / r W / B A SUBDIVISION OF LOT 8 \ \ / / A9 SHOWN ON THE MAP OF TRACT 8100 / FILE IN B D IN BOOT(325 OF MAPS AT PAGE 24 OFFIC]AL RECORDS DS OF ALAlAEOA COUNTY $ \"T CITY OF DUBLIN 1ACTi^A' 1e ALAMEDA COUNTY, CALIFORNIA 4E TRACT BIDD Onfa Al J K Talso'Ta' \ / 1v1.TS° RUGGER,-RI SURVEYORS 'FAIL ENGINEERS, PLANNERS, SURVEYORS Craw PORLISRANTONE / 1rossa° NOVEMBER 2014 cT .azco z`zso-A' z1.00 JOB N0.081001 SHEET 7 OF Y SHEET.i RESOLUTION NO. - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8142, JORDAN RANCH, NEIGHBORHOOD 2 WHEREAS, the Final Map for Tract 8142, 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, Toll CA III, L.P., a California Limited Partnership, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8142 to improve required subdivision improvements in accordance with the Conditions of Approval for the Tentative Map, and with the improvement plans attached thereto; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Fidelity and Deposit Company of Maryland in the amount of $1,296,580.00 for the site improvements (Bond No. 09137900), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Fidelity and Deposit Company of Maryland in the amount of $1,296,580.00 for the site improvements (Bond No. 09137900), 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 8142 be and the same is hereby approved, and that rights to the areas marked as Public Service Easement (PSE), and Emergency Vehicle Access Easement (EVAE), offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted, subject to improvement, and that the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 18th day of November, 2014, by the following vote: AYES: 1 NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2 C111-Y OFIDUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 8142 This agreernent is rnade and entered into this 18th day of November, 2014, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Toll CA 111, L.P., A California Limited Partnership, hereinafter referred to as "DEVELOPER". R E C IT A L S WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that DEVELOPER, the subdivider of Tract No. 8142, desires to improve those improvements (hereafter "The Improvements") required by City of Dublin Planning Commission Resolution No. 1025 adopted on May 11, 2010 for Tract 8024 in accordance with the requirements and conditions set forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plans for said development entitled: Improvement Plans, 'Tracts 8140, 8141 & 8142.-- The Preserve at Jordan Ranch— The Altmoi e Collection, (27 Sheets, Sheets 1-27), prepared by Ruggeri-Jensen-Azar and signed t)y the City Engineer on November 26, 2013. Joint Trench Composite — Jordan Ranch— -Tract 8142, prepared by Lighthouse Design, Inc., with any modifications for approval by the City Engineer. Street Light Plan -- Jordan Ranch — Tract 8142, prepared by Lighthouse Design, Inc., with any modiflcations for approval by the City Engineer. Larx-Iscape Construction Documents - Jordan Ranch — Cluster Lot Tract 8140-8142, prepared by 1"'hornas Baak & Associates, LLP, and signed by the City Engineer on June 13, 2014, and now on file in the office of the City Engineer-, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the firne 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 WF-iEREAS, CITY has determined that the portion of The Improvements that will be accepted by the City as Public improvements are a public works subject to California prevailing wage requirements: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, -the parties agree as follows: 1. C.o.m2 letion 'Time. DEVELOPER shall complete said work not later than two years following said date of execution, "Fir-rye is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a corriplete and reproducible set of final Record Drawings of The Improvements, including any modifications made during construction. 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement are present(,:,,cl in the Bond Estimate for Tract 8142, dated November 14, 2013, prepared by Ruggeri- Jensen-Azar, and are agreed to be as follows: 1b Tract 8142-Jordan Ranch-Cluster Improvements $1,296,580.00 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said amount reflects that the Tract 8142 Improvements are currently 0% complete (bond is for 100% of the full amount). The bond estimate is attached as Exhibit A to this agreement. Bonds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: Faithful Performance, Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred per cent (100%) of the estimate set forth in Paragraph 2 and SUfficient to assure CITY that The Improvements will be.satisfactorily completed (collectively, the "Faithful Performance Bond"). Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one-hundred per cent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefore (collectively, the "Labor and Materials Bond"). CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. 3. Insurance Re wired. 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 comrnencement of work under this Agreement, DEVELOPER's general contractor (if different than Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved, Said insurance shall be maintained in full 'force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. 2 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 cornprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance, B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of$1,000,000 per accident. C. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. DEVELOPER hereby declares that the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self- insured retention for Bodily Injury and Property Damage Liability, (J) a $2,000,000 per occurrence self-insured retention for third party action over actions and (iii) a $7,500,000 per occurrence self-insured retention for Home Builder's Limited Warranty Coverage, Construction Darnage Liability Coverage and Fungi and Related Medical Payments ("GL SIR's"). The CITY hereby approves the GL SIR's. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. 3 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. 3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. Notwithstanding the foregoing, if an endorsement that would provide for thirty (30) days' prior written notice prior to one or more of the above actions is not commercially available, DEVELOPER shall be excused from providing an endorsement covering said action or actions, provided that in such circumstances, DEVELOPER shall give written notice to the CITY as soon as is practicable if DEVELOPER learns that its coverage has been suspended, voided, cancelled by either party or reduced in coverage or in limits. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than 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 certify coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time provided; however, that if the policies are not yet available, the City will accept copies of the applicable binders. c) Subcontractors. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4 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 flie work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in workmanship and rnaterials actually appear during the one-year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year frorn the date of the completion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay 'to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent n,,)pairs 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. A reement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY. 7. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under,this Agreement. 5 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, ft'ie 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 de-fault of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of such written notice to Cure such default; provided that, if such cure cannot be reasonably effected within such fifteen (15) day period, such failure shall not be a default hereunder so long as DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter diligently prosecutes Such cure to completion. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The I rnprovements herein specified; provided, however, that if the surety, withiri thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY -thereby; and, in Such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefore. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: Toll CA HI, L.P., A California Limited Partnership 2000 Crow Canyon Place, Suite 200 San Ramon, CA 94583 Attn. Rick Nelson, Division President Phone No. (925) 855-0260 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 tirnes 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 mairitain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly, 10. Acceptance of Work. Upon notice of the completion of The Improvements and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall exarnine The Improvements without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements that are within the Public right-of-way or Public easements, shall recornrnend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private Improvements and a warranty bond will not be needed for these Improvements; provided however, the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or his designated agents of their completion and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. 11. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from 7 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. IJ2Lbifity. A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. 4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 14. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written, CITY OF DUBLIN By: ____ City Manager ATTEST: City Clerk DEVELOPER Toll CA Iii, L.P., A California Limited Partnership By: Rick Nelson, Division President Authorized Representative GADEVELOPMENT,PRIVATEWordan Ranch FCN#985-T-814M142\Agreements\FM 8142-MVPMAMA-Tract 8142.doc PRELIMINARY ENGINEER'S OPINION Cif=PROBABLE CONSTRUCTION COSTS TRA CT J3'42-JORDAN RANCH-CLUSTER IMPROVEMENTS DUBLIN, CALIFORNIA November 14,20113 (Bond Estimate) Job No 081001 T83 SUMMARY. ON,SITE IMPROVEMENTS A, _ SITE WORK $27;000 f3, ASPHALT PAVING $36,3,io C. CONCRETE $73,140 D. S7-(:)1"tM DRAIN $117,750 E. MISCELLANEOUS $844,600 SUBTOTAL T 1,C}g8,80Q 10%CONSTRUCTION CONTING,ENCY = $109,080 8%ENGINEERING CONTINGENCY w: 87,90& TOTAL ESTIMATED ON-SITE CONSTRUCTION TION OST _ 1,2 6,580 hfotes: 1. All cost figures are given as estimates only. Actual cost will be dependent on the cost figure,at bidding tin , the general market situation,contractor's work toad,seasonal factor,laborand coast,etc, Thts engineering fhm cannot be responsible for fluctuations in cost factor's. 2. This engineer's opinion is based on the Improvernent Plans-Tract-8140,8141 8142 Clusters Jordan Paoch(Unit 11), prepafed by Rugged-Jenson-Azar,dated October 23,2013, 3, This engineer's opinion sloes riot inciude any agency fees, i 4zA,:a,u�� i �w=.acxu am can 4YWAcr avxu CLUSTER il� Page 1 of 2 4690 CNAC3OT PJlt VE, SUITE 200 PLEASANTON',CA 94537 � T:(925)2279100/'1`:(925) 227-9300/w+Ji;vw�rjs-lips,coni 1 7 , x PRELiMINA' Y ENGINEE 'S OPINION OFPROBABLEF CONSTRUCTION COSTS T ACT 814 -JORDAN Ti'ANC,HJ CLUSTER IMPROVEMENTS DUBLIN, CALIFORNIA November 14,2013 � at J sttra� t 1 Job No.OB1001T63 ITEM – — � DESCRIPTION ..._. Chi~ANTiTY RI E AMOUNT ON-SITE NPROVEMENTS SUE WORK, I. Pad Fire Grading 36 EA 750 00 $27,000 ASPHALT PAVING U13y Tp = l7y000 1. Hne Grading 16,420 SF $17,36 $5,750 2. AC Paving(WAC/8"AS) 7,6530 SF $4.00 $30,560 SUBTOTAL,` $36,31 7 1 6""Vertical Curb 180 LF V01 00 $1,800 2, 4"°Rolled Curb&Gutter 1,645 LF $15.00 $24,680 3. Decorative Concrete 4,666 LF $10,00 $46,660 U TOTAL- X73,341} STORM DRAIN 1�....._-I Strom Drain 250 LF $15,00 $3,75€3 1 6"Storm Drain 3807 LF $K 00 $7,600 ;3. 8"Storm Crain 1301 C/� $25.00 $3,,250 4, 12"Storm Drain 270 LF $35,00 $9,450 5, 18",>torrn Drain 180 LF $40m $7,200 & Area Drain: 37 EA $200.00 $7,400 7„ Bubble Up Drair7a 3 CA, $500:00 $1;500 8. Connect to Ex SLR 6 CA $3,00r3 w $27,000 9, Centrai Precast 2K Inlet 18 C.R $2,5130,10 $45,000 10, Central Precast K Inlet 1 CA $2,0000,60 $2,000 11. 4ilet Trash Inserts 18 CA $200:00 $3,600 SUBTOTAL $117,760 8:, i1 MCELL ANEOUS 1, 5'Wide:Public Concrete Trail 3750 SF $6 03 $18,760 2. 4'Wide Private Concrete Trall 1,224 ,F $4.00 $4,900 '3. J'ohit l'rc nch Main Lines 663 LF $100.00' $66,300 4. Joint Trench Service Lines 466 LF $75.00 $34,050 5, L.an:isc aping(HOA Carr Trion Areas) 136,610 SF $5.00 $683,100 C3; LiRC C etct�tion 1,330 SF $20.00 $26,604 7. Erosion Control 1 LS $10,0001,00 $10;000 SUBTOTAL= $844,600 I 1 F I F'airRACT a142 CLU3T r i� e 2 of 2 RESOLUTION NO. - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8142, JORDAN RANCH, NEIGHBORHOOD 2 WHEREAS, a Vesting Tentative Map for Tract 8024 — Jordan Ranch was approved by Planning Commission Resolution No. 10-25 on May 11, 2010, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project- related landscape features within the public rights-of-ways; and WHEREAS, said Conditions of Approval required the developer to enter into an "Agreement for Long Term Encroachment" for the maintenance of said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct the required Tract improvements, including said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features with Tract 8142, Jordan Ranch, Neighborhood 2, attached hereto as Exhibit "A", which will be recorded against the property concurrently with the Tract 8142 Final Map; NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 18th day of November, 2014, by the following vote- AYES- NOES- ABSENT- ABSTAIN- ATTEST- Mayor City Clerk Re cording Requested By: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 1.010 Civic Plaza Dublin,CA 94568 Fe e Waived per GC 27383 AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8142, JORDAN RANCH—UNIT 11—NEIGHBORHOOD 2 THIS AGREEMENT FOR LONG TERM ENCROACIEVENT FOR-LANDSCAPE FEATURES WITH TRACT 8142 ("Agreement") is made between the City of Dublin ("City") and Toll CA 111, L.P., A California Limited Partnership ("Owner"). 1. fPLmerty. The subject property is Tract 8142 as filed in Book—of Maps at Pages_, in the Official Records of the County of Alameda, State of California. 2. Developer- Developer is the Owner of Tract 8142, Jordan Ranch ("Project"). 3. Landscape Features: Owner, as part, of the Project, anticipates the construction of Project related landscape features within the City's rights of ways on the following streets with Tract 8142; Sunset View Court, Sunset View Drive, Table Mountain Road, Panorama Drive, and Panorama Court (collectively, the "Landscape Features"). Construction details for these Landscape Features are shown on the Landscape Plans.fbr Jordan Ranch, Cluster Lot Tract 8140-8142, prepared by Thomas Baak & Associates, approved by the City. The scope of the improvements covered under the agreement is shown on the attached Exhibit"A" 4. Encroachment Permit: Owners shall. apply to the City for an 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. 1 6. Operations and Maintenance: Owners shall maintain and repair all the Landscape improvements, including all frontage landscape plantings, irrigation, sidewalks, and street trees within the designated areas, in a safe manner consistent with the approved plans to the reasonable satisfaction of the City at its sole cost and expense, including electric power and water cost. Owner will be responsible at its sole cost to replace or repair any Landscape Feature damaged or removed during the maintenance or repair of sewer, water, drainage or utility improvements by the City, Dublin San Ramon Service District or utility company, unless such damage or removal is caused by the negligence, gross negligence or willful misconduct of the City, Dublin San Ramon Service District or utility company. The City will maintain at its sole cost all asphalt concrete pavement, concrete curb and gutter, drainage improvements, traffic signs and striping, and streetlights in the public right of way. 7. Removal or Relocation: If future improvements proposed by the City conflict with any of the Landscape Features, the City may remove or reasonably relocate the Landscape Feature at its sole cost. If any of the Landscape Features are relocated, the City and Owners will execute a modification to this Agreement to reflect the maintenance and operations at its new location. Provided, however, the City is under no obligation to relocate any of the Landscape Features. 8. Insurance: Owners shall obtain and maintain in effect a combined single limit policy of liability insurance not less than one million dollars ($1,000,000) covering the Landscape Features improvements and shall name the City as an additional insured. % 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. I L Ri2ht to Assign: Owners may assign any or all rights, interests and obligations of Owners arising under this Agreement to the Homeowners' Association for Tract 8142 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' fights 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 Toll CA 111, L.P., A California Limited Partnership, and all successors and assigns Toll CA 111, L.P., A California Limited Partnership. 13. Notim 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: Toll CA HI, L.P., A California Limited Partnership 2000 Crow Canyon Place, Suite 200 San Ramon, CA 94583 Attn. Rick Nelson, Division President Phone No. (925) 855-0260 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 Invalidi . 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 of 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_, �Mement. 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. 3 17. Counterparts, 'This Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. Dated this day of 2014, CITY: THE CITY OF DUBLIN, a municipal corporation By: _ City Manager OWNER: Toll CA 111, L.P., A California Limited Partnership By: Name: Title.- 1809818.1 4 w Igo w 04 't Z T- UJ oo 10 z 2 1 m w O z C) 0 Z z cc W 0 w 0 0 0 Z 0 RESOLUTION NO. - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENTS WITH TRACT 8142, JORDAN RANCH, NEIGHBORHOOD 2 WHEREAS, a Vesting Tentative Tract Map for Tract 8024 — Jordan Ranch was approved by Planning Commission Resolution No. 10-25 on May 11, 2010, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project- related stormwater treatment measures with this project; and WHEREAS, said Conditions of Approval required the developer to enter into a "Stormwater Treatment Measures Maintenance Agreement" for the maintenance of the stormwater treatment measures; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct required tract improvements, including stormwater treatment measures; and WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater Treatment Measures Maintenance Agreement (inlet inserts only) with Tract 8142, Jordan Ranch, Neighborhood 2, attached hereto as Exhibit "A," which will be recorded against the property concurrently with the Tract 8142 Final Map; and WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater Treatment Measures Maintenance Agreement (general stormwater treatment measures) with Tract 8142, Jordan Ranch, Neighborhood 2, attached hereto as Exhibit "B," which will be recorded against the property concurrently with the Tract 8142 Final Map; NOW, THEREFORE, BE IT RESOLVED that said Agreements are hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreements. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreements to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 18th day of November, 2014. AYES: NOES: ABSENT- ABSTAIN- ATTEST- Mayor City Clerk RECORDING REQUESTED BY.- CITY OF DUBLIN When Recorded Mail To: Martha Ala Environmental Services City of Dublin 100 Civic Plaza Dublin, CA 94,568 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 November 18, 2014. 2014, by and between the City of Dublin ("City") arid —Toll CA I 11, L.P. — , a property owner of real property described in Exhibit A of this Agreement ("Property Owner"). RECITALS A. On October 14, 2009, the Regional Water Quality Control Board, San Francisco Bay Region, adopted Order R2-2009-0074, CA 612008, issuing the Municipal Regional Storrnwater NPDES permit ("MRP") for the San Francisco Bay Region-, and B, The City is a permittee of the MRP', and C. Provision C.3.h of the IVIRP requires the City to implement an Operation and Maintenance Verification Program ("Program") for stormwater treatment systems, which are defined as "any engineered system designed to remove pollutants from StOrrnwater runoff by settling, filtration, biological degradation, plant uptake, media absorption/adsorption or other physical, biological or chemical process," and "includes landscape-based systems such as grassy swales and bioretention units as well as proprietary systems" (MRP, pg. 133). As part of this program, the City is required to ensure that all installed stormwater treatment systems or measures are adequately operated and maintained by entities responsible for such stormwater treatment systems or measures, such as the Property Owner; and D. The Property Owner, Toll CA 111, L.P, —, is the owner of real property commonly known as - The Preserve at Jordan Ranch - Tract 8142 (the "Property"), which is more particularly described in Exhibit A, upon which storrnwater treatment measure(s) are to be constructed or located, operated and maintained; and E The stormwater treatment measure(s) are more particularly described in Exhibit B - Storrnwater Management Site Plan and the full scale project plans entitled -.1racts 8140, 8141, 8142 , and prepared by RJA Civil Engineers are on file with the Public Works Department of the City; and Page 1 of 9 F. "The City is the permittee public agency with jurisdiction over the Property, G. The Property Owner, its administrators, co-owners, executors, successors, heirs, assigns or any other persons, including any homeowners association (collectively hereinafter referred to as "Property Owner") recognizes that the stormwater treatment measure(s) must be installed and maintained on the Property as indicated in this Agreement and as required by the MRP-1 and H. The City and the Property Owner agree that the health, safety and welfare of the citizens of the City, together with the provisions of Dublin Municipal Code Chapter 7.74 arid other applicable City guidelines, require that the stormwater treatment rneasure(s) detailed in Exhibit B are to be constructed, operated and maintained on the Property by the Property Owner-, and I, T'he Property Owner accepts the responsibility for constructing, operating, and maintaining the stormwater treatment measure(s) on the Property. NOW, THEREFORE, with reference to the above recitals and in consideration of the mutual promises, obligations, and covenants herein, the Property Owner agrees as follows: SECTION 1: CONSTRUCTION OF TREATMENT MEASURES The on-site storrnwater 'treatment measure(s) described in Exhibit B shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the development and any other requirements thereto which have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other written direction. SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY This Agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment rneasUres as set forth in this Agreement until the responsibility is legally transferred to another entity. SECTION 3- MAINTENANCE OF TREATMENT MEASURES 1-he Property Owner shall not destroy or remove the stormwater treatment rneasures 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 s[orrnwater treatment measure(s) in good working order acceptable to the City and in accordance with the Treatment Measure Maintenance Schedule, attached as Exhibit C — inspection Report. This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate rnainter iance 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 longterm maintenance activities. Page 2 of 9 SECTION 4: SEDIMENT MANAGEMENT The Property Owner shall manage sediment accumulation resulting from the norrnal operation of the stormwater 'treatment measure(s) appropriately. The Property Owner shall provide for 'the removal and disposal of accumulated sediments. Disposal of aCCUrYlUlated 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 F-'roperty Owner shall maintain all the inlet filters installed on the property. The inlet filters are required to be serviced by a third party company a minimum of three times per seasonal cycle. Additional information on the required maintenance of the inlet filters in included in Exhibit C. Maintenance records provided to the Property Owner by the third party company shall be submitted to the City in order to verify that the maintenance of the inlet filters have been conducted pursuant to this agreement. The maintenance records shall be submitted no later,than December 31 of each year, under penalty of perjury, to the City of Dublin NPIDES Coordinator at the City of Dublin, 100 Civic Plaza, Dublin CA, 94568 or another member of the City staff as directed by the City. The maintenance records shall include the volume of all accumulated sediment removed from the inlet filter. SECTION 6: NECESSARY CHANGES AND MODIFICATIONS At its sole expense, the Property Owner shall make any changes or modifications to the stormwater treatment measure(s) as the City may determine to be reasonably necessary to ensure that the treatment measures are properly maintained and continue to operate as originally designed and approved, SECTION 7: ACCESS TO THE PROPERTY The Property Owner hereby grants permission to the City- the San Francisco Bay Regional Water Quality Control Board (RWQCB); the Alameda County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees (hereinafter"Agencies") to enter upon the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment measures) in order to ensure that treatment measures are being properly operated and maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when the Agency or Agencies hash,iave a reasonable basis to believe that a violation of this Agreement, the City's Storrnwater Management Program, guidelines, criteria, or the MRP, and any amendments or re-issuances of this permit, is occurring, has occurred or threatens to occur. The above listed Agencies also have a right to enter the Property when necessary For abatement of a public nuisance or correction of a violation of the Inspection Report criteria. Whenever possible, the Agencies shall provide reasonable notice, delivered pursuant to Section 9 of this Agreement, to the Property Owner before entering the property. SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES In the event the Property Owner fails to maintain the stormwater treatment rnea&xe(s) as shown on the approved Site Plan or comparable document in good work rig or-der acceptable to the City and in accordance with the Inspection Report, Page 3 of 9 incorporated in the Agreement, the City, and its authorized agents and employees with reasonable notice, delivered pursuant to Section 9 of this Agreement, may enter the Property and take whatever, steps it deems necessary and appropriate to return the treatment measure(s) to good working order. Such notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be conStRied to allow the City to erect any structure of a permanent nature on the Property. It is expr-eSSIY 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. klotices required to be given to the City shall be addressed as follows: NPDES Coordinator Environrnental Services City of Dublin 100 Civic Plaza Dublin, CA 9.4568 Notici_-s required to be given to Property Owner or Property Manager- shall be addressed as follows, Company Name: ToH CA Ill, L.P. Attention: Richard M. Nelson Street Address, 2000 Crow Canyon Place, Suite 200 City. San Ramon State- CA Zip Code: 94583 Telephone Number-. 925--855-0620 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 rnark-ups for overhead and expenses. If these costs are riot 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 Page 4 of 9 legal remedies as provided by law, available to the City as a result of the Property Owners failUre to rnaintain -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, dernands, 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 measures) 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 tmhis Agreement shall run with the title to the land. The Property Owner agrees that, whenever the Property is held, sold, conveyed or otherwise transferred, the property shall be Subject to 'this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property. Before the Property is legally transferred 'to another entity, the Property Owner shall provide written notice of the Agreement to the transferee and provide the City a copy of such notice. SECTION 14- SEVERABILITY T]"ie 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, clai..ise, 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 an,iong the deed records of the County Recorder's Office of the County of Alameda, California at the Property Owners expense, Page 5 of 9 SECTION 16: RELEASE OF AGREEMENT In the event that the City determines that the stormwater treatment measures located on the Property are no longer required, then the City, at the request of the Property Owner shall execute a release of this Agreement, which the Property Owner, or the City by Mutual agreement, shall record in the County Recorder's Office at the Property Owner's expense. The stormwater treatment measure(s) shall not be removed frorn the Property unless such a release is so executed and recorded. SECTION 17-, EFFECTIVE DATE AND MODIFICATION "T"his Agreement is affective 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 r71odfficafions shall be effective upon the date of execution and shall be recorded. SECTION 18: MISCELLANEOUS Fhe interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda. In the event of legal action occasioned by any default, inaction or action of the Property Owner, the Property Owner agrees to pay all costs incurred by the City in enforcing the terms of 'this Agreement, including reasonable attorney's fees, litigation expenses, including experts' fees and costs, and other costs which shall become part of the lien against the Party. CITY: PROPERTY OWNER: CITY OF DUBLIN Toll CA 111, L.P. Richard M. Nelson Typed or Printed Name Typed or Printed Name Divisbirl President Title Title NoveMber 18, 2014 Date Date (Attach Notary Acknowledgment) Page 6 of 9 Exhibit A– Pry pqrt'y_PpscHption I-RACT' 8142 DUBLIN, CALIFORNIA All that certain real property situated in the City of Dublin, County of Alameda, State of California described as -follows: Tract 8142 as said "Tract is shown on that certain map entitled "Tract 8142 Jordan Ranch filed Book — of Maps, at Pages through Official Records of said County. End of Description s ER '�pbry w x" mN r°�r � LL? wa W=8, �ZZd 0.0.44 W m :s 0 �z R m m S' ri a w F- S tt, � w W r, O W C\I h z CO Ld CO o; w ' m `\ 0) co \ w a ¢ Z w < C z < j w 0 ir �c0 J L w Q m F• Co EXHIBIT C MAINTENANCE SCVIEDULE (INLET FILTERS) Maintenance & Inspections: * All inlet filters installed on the property shall be inspected and serviced at a rninimum of three times per year. * A third party company must inspect and service the inlet filters. The third party company shall be approved by the City. * In some instances, the frequency and length of duration between inspections and maintenance may fluctuate based on specific site conditions, such as weather, site use and pollutant type and loading volume. The third party company will provide Information on the appropriate duration between inspections. Filter Media I'leplacement: * The media in the filter shall be replaced when 50% or more of the outer surface of the media is coated with contaminants. * 1"he media pack shall be replaced a minimum of one time per year, * The third party company servicing the filter shall determine when the media requires replacement. G:\DEVELOPMENT, PRIVATDJordan Ranch FCN#985-T-8140-8142\Agreemerits\FM 8142\0&M Agreement-Inlet Inserts\Exhibit O.Maintenancp Schedule,doo Page 1 of 1 RECORDING REQUESTED BY.- CITY OF DUBLIN When Recorded Mafl ,ro: Martha Aja Environrnental Services City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Wahled per GC 27383 Space above this line for Recorder's use STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT This Storrnwater Treatment Measures Maintenance Agreement ("Agreement") is entered into this Novern bar 18,2014 2014, by and between the City of Dublin ("City") and Toll CA Ill,L.P. a property owner of real property described in Exhibit A of this Agreement ("Property Owner"). RECITALS A. On October 14, 2009, the Regional Water Quality Control Board, Can Francisco Bay Region, adopted Order R2-2009-.0074, CAS612008, issuing the Municipal Regional Stormwater NPIDES permit ("MRP") for the San Francisco Bay Region; and 13. I he City is a permittee of the MRP; and C. Provision C.3.h of the MRP requires the City to implement an Operation and Maintenance Verification Program ("Program") for stormwater treatment systems, which are defined as "any engineered system designed to remove pollutants from stormwater runoff by settling, filtration, biological degradation, plant uptake, media cibsorption/adsorption or other physical, biological or chemical process," and "includes landscape-based systems such as grassy swales and bioretention units as well as proprietary systems" (MRP, pg, 133), As part of this program, the City is required to ensure that all installed stormwater treatment systems or measures are adequately operated and maintained by entities responsible for such stormwater treatment systems or measures, such as the Property Owner, and D T"he Property Owner, .Toll CA 111,L.P. I is the owner of real property commonly known as The Pre..-.at Jordan Ranch-Tract 8142 (the "Property"), which is more particularly described in 'Exhibit A, upon which stormwater,treatment measures) are to be constructed or located, operated and maintained,, and E. "I he stormwater treatment measure(s) are more particularly described in Exhibit 8 — Stormwater Management Site Plan and the full scale project plans entitled Tracts 8140,8141,8142 and prepared by RJA Civil Engineers are on file with the Public Works Department of the City-, and Page 1 of 10 F. The City is the permittee public agency with jurisdiction over the Property" and G' The Property Owner, its administrators, co-owners, executors, successors, heirs, assigns or any other persons, including any homeowners association (collectively hereinafter referred to as "Property Owner') recognizes that the stormwater treatment rrreasure(s) must be installed and maintained on the Property as indicated in this Agreement and as required by the M RP; and The City and the Property Owner agree that the health, safety and welfare of the citizens of the City, 'together with the provisions of Dublin Municipal Code Chap-ter 7.74 and other, applicable City guidelines, require that the stormwater treatment rneasure(s) detailed in Exhibit 8 are to be constructed, operated and maintained on the Property by the Property Owner-, and I. The Property Owner accepts the responsibility for constructing, operating, and maintaining the stormwater treatment measure(s) on the Property. NOW, THEREFORE, with reference to the above recitals and in consideration of the MUtUal promises, obligations, and covenants herein, the Property Owner agrees as follows: SECTION `l: CONSTRUCTION OF TREATMENT MEASURES The on-site stormwater treatment measure(s) described in Exhibit B shall be coristructed 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 ]1,"iis Agreement shall serve as the signed staternent by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment meaSUres as set forth in this Agreement until the responsibility is legally transferred to another. entity, SECTION 3- MAINTENANCE OF TREATMENT MEASURES The Property Owner shall not des-troy or remove the stormwater treatment ffieasures frorn the Property nor modify the stormwater treatment system in a manner that lesseris its effectiveness, and shall, at its sole expense, adequately maintain the StOr'rnwater treatment measure(s) in good working order acceptable to the City and in accordance with the Treatment Measure Operation and Maintenance Inspection Report (inspection Report) agreed hereto an example of which is attached as Exhibit C — Inspection Report. This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities, continue to operate as originally designed and approved, The Inspection Report shall include a detailed description of and schedule for long-term maintenance activities. Page 2 of 10 SECTION 4- SEDIMENT MANAGEMENT The Property Owner shall manage sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) appropriately. The Property Owner shall provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the Inspection Report. Any disposal or removal of accumulated sediments or debris shall be in cornpliance with all federal, state and local law and regulations. SECTION 5: ANNUAL INSPECTION AND REPORT The Property Owner shall, on an annual basis, complete the Treatment Measure Operation and Maintenance Inspection Report (inspection Report), attached to this Agreement as Exhibit C. The annual Inspection Report shall include all completed InspectJon and Maintenance Checklists, attached hereto as Exhibit D for the annual reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this agreement. The annual Inspection Report shall be submitted no later than December 31 of each year, under penalty of perjury, to the City of Dublin NPDES Coordinator at the City of Dublin, 100 Civic Plaza, Dublin CA, 94568 or another member of the City staff as directed by the City. The Property Owner shall provide a record of the volume of all accumulated sediment removed from the treatment measure(s) in the annual Inspection Report. The Property Owner shall conduct a minimum of one annual inspection of the stormwater treatment measure(s) before the wet season. This inspection shall occur between August 1''t and October 'I st each year. The Inspection Report, Exhibit C, may require more frequent inspections, SECTION 6: NECESSARY CHANGES AND MODIFICATIONS At its sole expense, the Property Owner shall make any changes or modifications to the stormwater treatment measure(s) and/or the Inspection Report, Exhibit C, as the City may determine to be reasonably necessary to ensure that the treatment measures are properly maintained and continue to operate as originally designed and approved. SECTION 7- ACCESS TO THE PROPERTY The Property Owner hereby grants permission to the City; the San Francisco Bay I"Regional Water Quality Control Board (RWQCB); the Alameda County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees (hereinafter "Agencies") to enter upon the Property at reasonable times and in a reasonable mariner to inspect, assess or observe the stormwater treatment measure(s) in order, to ensure that treatment measures are being properly operated and maintained and are continuing to perform in an adequate mariner to protect water quality and the public health and safety. This includes the right to enter upon the Property when the Agency or Agencies has/have a reasonable basis to believe that a violation of this Agreement, the City's Stormwater Management Program, guidelines, criteria, or the MRP, and any arnendments 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 Properly when necessary for abatement of a public nuisance or correction of a violation of the Inspection Report criteria, Whenever possible, Agencies shall provide reasonable notice, delivered pursuant to Section 9 of this Agreement, to the Property Owner before entering the property. Page 3 of 10 SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved Site Plan or comparable document in 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 treatrnent measure(s) to good working order. Such notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be conStl`Ued 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 rneasure(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: Todd CA M, LR Attention- Rd,iard M. Nelson Street Address: 2000 Crow Canyon Place, Suite 200 City:,San Ramon State: CA Zip code: 94583 Telephone Number:, 925-855-0620 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 dernand within thirty (30) days of receipt thereof for the costs incurred by the City hereunder, including reasonable mark-ups for overhead and expenses. If these costs Page 4 of 10 are not paid within the prescribed time period, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property, or prorated against the beneficial users of the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to and not in lieu of any and all legal remedies as provided 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, dernarids, 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 rneaSUre(s) by the Property Owner-, provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff. SECTION 13-, TRANSFER OF PROPERTY This Agreement shall run with the title to the land, The Property Owner agrees that whenever the Property is held, sold, conveyed or otherwise transferred, the Property shall be subject to this Agreement which shall apply to, bind and be obligatory to ail present and subsequent owners of the Property. Before the Property is legally transferred to another entity, the Property Owner shall provide written notice of the Agreement to the transferee and provide the City a copy of such notice. SECTION 14: SEVERABILITY The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconStitUtional by a court of competent jurisdiction, or the applicability to any Property Owner, is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, Subdivision, sentence or provision of this Agreement. Page 5 of 10 SECTION 1 : RECORDATION "T his 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 arnong the deed records of the County Recorder's Office of the County of Alameda, California at the Property Owner's expense. SECTION 16: RELEASE OF AGREEMENT In the event that the City determines that the stormwater treatment measures located on the Property are no longer required, then the City, at the request of the Property Owner shall execute a release of this Agreement, which the Property Owner, or the City by mutual agreement, shall record in the County Recorder's Office at the Property Owner's expense. The stormwater treatment measure(s) shall not be removed frorn the Property unless such a release is so executed and recorded. SECTION 117: 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 13: MISCELLANEOUS The interpretation, validity, and enforcement of this Agreement shall be governed by and Interpreted in accordance with 'the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of cornpetent 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. CIT11( PROPERTY OWNER: CITY Y OF DUBLIN ToH CA III, L.P. By: _._M.....w...wwww..____ _w_ � v By: Richard o f son 'Typed or Printed Name Typed or Printed Name Division President "itle Title Noverriber 18, 2014 Data Date (Attach Notary Acknowledgment) Page 6 of 10 Exhibit A-.- Pr2p��rt DescriR!i2n TRACT 8142 DUBLIN, CALIFORNIA All that certaun real property situated in the City of Dublin, County of Alameda, State of California described as follows: Tract 8142 as said Tract is shown on that certain map entitled Tract 8142 Jordan Ranch filed on Book of Maps, at Pages__through _., Official Records of said County. End of [fie scriptiori , § ��' \ / I C%l x ` ` <\ / v x 00 w < Z < z 3: Z < z 0z | p < z a i w Cc cr ® 2z a Landscape Based Maintenance Plan EXHAOIT C. Landscape Based Maintenance Plan Routine Maintenance Activities The r-naintenance objectives for the landscaped stormwater treatment include keeping up the pollutant removal efficiency of the channel by maintaining a dense, healthy vegetated cover. Routine maintenance activities, and the frequency at which they will be conducted, are shown in the table below. Routine Maintenance Activities for Landscape used Treatment Areas No. Maintenance Task Frequency of Task 1 Remove obstructions, debris and trash from the treatment measure and Minimum 3 dispose of properly. times✓year, 2 Inspect the treatrrient measure to ensure that it drains between storms and Minimum 3 within 'five days after rainfall. times/year.' 3 Inspect downspouts, curb cuts, overflow pipes, inflow pipes, outflow pipes, arid/or' bubble ups to ensure flow to the treatment measure is unimpeded. Minimum 3 Rernove debris and repair damaged pipes. Check splash blocks or rocks and times/year." repair, replace and replenish as necessary, 4 Inspect inlets for channeling, ruts and holes, soil exposure or other evidence Minimum 3 of erosion. times/year.' 5 Clear obstructions and remove sediment accumulating near inlets when it Minimum 3 builds up to 2 inches at any spot, or if it covers vegetation. Dispose of times/year' I sediment properly. 6 Inspect concrete lined measures to ensure that box is structurally sound (no Annually 3 cracks or leaks). Repair as necessary. 7 Evaluate health of vegetation. Remove and replace all dead and diseased vegetation. Replace with vegetation with similar growth requirements. List the plants to be used in the treatment area here, or attach a separate sheet: Monthly 8 Maintain vegetation and the irrigation system. Irrigate vegetation when necessary. Mow, prune andlor weed to keep the treatment measure neat and orderly in appearance. Remove any invasive vegetation and/or weeds, Treat Monthly vegetation using preventative and low-toxic methods (Integrated Pest Management), 9 Check that mulch, cobble, and/or treatment Soi12 are at the appropriate depth/s Minimum 3 (per design specifications) and replenish when necessary. times/year,' 10 Inspect the treatment measure using the inspection checklist. Minimum 3 times/year.' Check the appropriate landscaped based measures that are located at this site: ❑ Bioretention Area ❑Flow-Through Planter ❑Tree Well Filter ❑Vegetated Swale Lan(Jscape Based Maintenance Plan lnspecflons The Landscaped Based Inspection Checklist provided in the attachments of the O&M AgreerTient shall be used to conduct inspections, identify needed maintenance, and record maintenance that is conducted. Mosquito Abaternent: Standing water shall not remain in the treatment measures for more than five days, to prevent rnosqUitO generation. Should any mosquito issues arise, contact the Alameda County Mosquito Abatement District (ACMAD), as needed for assistance. Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the ACMAD and then only by a licensed professional or contractor, Contact inforTnation for ACMAD follows: Alameda County Mosquito Abatement District, 23187 Connecticut St., Hayward, CA 94545, Phone: (51 Q) 783-7747. The 3 minirnurn times/year are as follows: 1) before wet season, 2) after rain events >1" or greater, and 3) after the wet season. 2 Soil used shall meet the specifications included in the most recent version of Alameda Countywide Clean Water Program's C,3 Stormwater Technical Guidance Manual accessible at m/�/vw.du,bliri.ca.go�/Iston-nm/aterd]e�ot/Iston-nm/at.erdeveloprr�ent Provide a laboratory analysis, from an approved testing laboratory, to the City of Dublin, Public Works Department, to confirm that the soils provided meet the above requirement. _0 Q) E a) 'C _0 LO as (n (D ca 0 0 C_- LU 0, 0.. El � �_ 0 CD E. 0 (n E u 73 r- 0 as u Lu I —1 El [I 2 z co rrs -C) cu fa a M (6 0) (1) 0) c m (n E a) > 0 M 0 rj) Cl) 0--a 0 N r — m — a) 6 0 E. M 0 — E o F6 to ) c Uj 0 UM 0 (n Fj 0 0 m , — — () -0 E M .4 (n 'CL�(-L m co c 3: n. 6 M E C x M Cf) CY)_r� M a) 0 0 :t-- 0 > M a-2 0 0 C) E sa Cl o o 5 o -o m L) U) u cc r- 0 ------------- CL A.2 fl 'C) E S > (1) U) L E E 7- a) 0 0 E u) CM ua 13) (1) a) 0) 1-- 0 0 O o 0 ..a rU I'j L) L) W Co 0 7z -0 c) 0- 0 0 CL w 14- > .2 0 0 > 1) o) Q) CU E > as O Ca TJ W 0 0 -0 , ca co > 03 0) (D 0 al c m -0 C3) 0- 0) err C (n 0 a E "U5 cn U) CJ U) m _0 0 0 U) pa L) r- -0 Z .s 73 0 > 0 Qa 0 0 -�r- . 0 u E tt!15) Ca ZZ CL (L) u m 0) 0 E o c cn RS U E 0 0) 0) 0 C3) 0- M z: 0 CL Q 0 -0 > w > (D > > > U) CD f(M 0 m Zi W < 51 to E E tf, (D TO CL W L) C: 0 o UD 12) 6 0- Lo RESOLUTION NO. — 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARK LAND DEDICATION IN-LIEU CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8142, JORDAN RANCH, NEIGHBORHOOD 2 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, Toll CA III, L.P., a California Limited Partnership, is filing Tract 8142 Final Map for developing 36 residential dwelling units constructed on 36 lots; and WHEREAS, the Park Land requirements for the project, based on the requirements of the Municipal Code and the designated land use for Tract 8142 are 1) Dedication of 0.252 acres of Community Park Land or payment of $288,216.00 in Community Park Land In-Lieu Fees, and 2) Dedication of 0.108 acres Neighborhood Park Land or payment of $145,584.00 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer has possession of 0.252 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 8142; and WHEREAS, Developer has possession of 0.108 acres of Neighborhood Park Land credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 8142; NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.252 acres of Community Parkland Credits and the application of 0.108 acres of Neighborhood Park Land Credits are hereby accepted as performance of said subdivider's obligation under Subdivision Requirements in Chapter 9.28 of the Dublin Municipal Code. PASSED, APPROVED AND ADOPTED this 18th day of November, 2014, by the following vote- AYES- NOES- ABSENT- ABSTAIN- 1 Mayor ATTEST: City Clerk GADEVELOPMENT, PRIVATE\Jordan Ranch FCN#985-T-8140-8142\City Council&Planning Commission\FM 8142\Reso_parkland dedication-Tr 8142.doc 2