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Item 4.8 Positano Fallon Vlg Neighbrhd E-1
or 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL December 18, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -60 SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of Agreement for Long -Term Encroachment for Landscape Features, and Acceptance of Park Land Dedication In -Lieu Fees and Credits for Tract 8108, Neighborhood "E -1 ", Positano/ Fallon Village (D. R. Horton) Prepared by Mark Lander, City Engineer EXECUTIVE SUMMARY: D. R. Horton, dba D. R. Horton BAY Inc., is filing a Final Map for Tract 8108 (Neighborhood "E- 1") to create 134 individual lots for the construction of homes. FINANCIAL IMPACT: Park Land dedication requirements are proposed to be satisfied with use of Park Land Credits. Credits will be used to satisfy $1,471,856 in Community Park Land fees due. Credits are also being used to satisfy $771,840 in Neighborhood Park Land Fees due. The Developer will construct certain public streets and improvements and will pay the cost of construction inspection. The City requires that Performance and Labor & Materials bonds be posted to guarantee construction of the street, grading, utility improvements and landscaping. Purpose of Bond Bond Number Amount of Bond Tract Improvements CMS262790 $1,184,285 Once these improvements are accepted, the City will incur maintenance costs for City - maintained improvements within Tract 8108. Maintenance costs will be provided at the time of improvement acceptance. The Homeowners' Association will be responsible for maintaining the project - related landscape features within the public right -of -way. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1) Adopt the Resolution Approving Final Map and Tract Improvement Agreement for Tract 8108, Neighborhood "E -1," Positano /Fallon Village; 2) Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8108, Neighborhood "E -1 " Positano /Fallon Village; and 3) Adopt the Resolution Accepting Parkland Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 8108, Neighborhood "E -1 " Positano /Fallon Village. Page 1 of 3 ITEM NO. 4.8 x Submit ed By Public Works Director DESCRIPTION: Submitted By Administrative Services Director Reviewed By Assistant City Manager D. R. Horton, dba D. R. Horton BAY Inc., is filing a Final Map for Tract 8108, Neighborhood "E- 1," to create 134 individual lots (Attachment 1). The Final Map for Tract 8108 dedicates the right -of -way for Calcagno Court, Campanille Court, North Terracina Drive, Porcellano Way, Viento Court, Volterra Drive, and Volterra Court, as well as a public service easement and an emergency vehicle access easement. An open space parcel is reserved for future dedication to the Fallon Village Geologic Hazard Abatement District. The Final Map for Tract 8108 has been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 05- 61 on November 22, 2005. The Developer has submitted an executed Tract Improvement Agreement as well as the required Performance and Labor & Material Bonds. The Agreement for Long Term Encroachment for Landscape Features for Tract 8108 provides for the Homeowners' Association to maintain project - related landscape features within the public rights -of -way, including planter strips, sidewalks, and street trees. Staff has prepared a Resolution approving Final Map and Tract Improvement Agreement for Tract 8108, Neighborhood "E -1," Positano /Fallon Village (Attachments 2 and 3) and a Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8108, Neighborhood "E-1", Positano/ Fallon Village (Attachments 4 and 5). Parkland Dedication Requirements Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land or pay a fee in lieu of dedicating such land as a condition of final map approval. D. R. Horton is proposing tc Neighborhood Park Land dedi satisfy its Community Park LE Horton will satisfy the Parkland use existing Neighborhoo ration obligation, and existi ,id dedication obligation. requirements for Tract 8108: d Park Land credits to satisfy its ng Community Park Land credits to The following table shows how D. R. Dedication Fees In -Lieu of D. R, Horton Requirement Dedication Compliance Community Park Land 1.5008 acres $1,471,856 Use of Credits Neighborhood Park Land 0.6432 acres $771,840 Use of Credits The calculation of the acreage required and /or in -lieu fees has been determined in accordance with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the requirements and how D. R. Horton will achieve compliance (Attachment 6). Page 2 of 3 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 D. R. Horton. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8108 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 8108, Neighborhood "E -1 ", Positano/ Fallon Village 3. Exhibit "A" to Resolution. Agreement 4. Resolution Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8108, Neighborhood "E -1 ", Positano/ Fallon Village 5. Exhibit "A" to Resolution, Agreement 6. 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'" l�s� � °`S` � `SP `� i� riC1 z 4 •a e � �/ .- � C1 } S � e s s W ; 5 s R � � d 00 O com V E2 Ah in i A �M Fro 8 1338 33S ,'I 4 i 7 t �i n RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8108, NEIGHBORHOOD E -1, POSITANO/ FALLON VILLAGE WHEREAS, the Final Map for Tract 8108, 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, D. R. Horton BAY, Inc., has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8108 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 bonds furnished by Willis Florida in the amount of $1,184,285 for the in -tract improvements (Bond No. CMS262790), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the Willis Florida in the amount of $1,184,285 for the in -tract improvements (Bond No. CMS262790), 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 8108 be and the same is hereby approved, and that rights to the areas marked as Calcagno Court, Campanille Court, North Terracina Drive, Porcellano Way, Viento Court, Volterra Drive, Volterra Court, 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. 1 PASSED, APPROVED AND ADOPTED this 18th day of December, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor GADEVELOPMENT, PRIVATE \Fallon Village (EDPO) \Tract 8105 - B & L (N -D4, School & Park) \Reso FM 8105.doc 2 CITY OF DUBLIN IMPROVEMENT AGREEMENT Tract 8108, Neighborhood "E -1 ", Positanol Fallon Village This agreement is made and entered into this 18th day of December, 2012, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and D.R. Horton BAY Inc., hereinafter referred to as "DEVELOPER ". RECITALS WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that DEVELOPER, the subdivider of Tract 8108, also known as Positanol Fallon Village Neighborhood "E -1 ", desires to improve and dedicate those public improvements (hereafter "The Improvements ") in accordance with the requirements and conditions set forth in the City of Dublin Planning Commission Resolution No. 05 -61 (PA 05 -038), adopted on November 22, 2005, and City Council Resolution No. 223 -05, adopted on December 6, 2005; the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plan and specifications for said development approved by the City Engineer, as follows: • "Improvement Plans, Tract 8108 & 8109 -Fallon Village Neighborhoods E -1 & E -2 (22 Sheets, Sheets 1 -22), prepared by MacKay and Somps, Inc, approved August 16, 2012. • "Rough Grading Plan, Fallon Village Designated Remainder and Parcel D of Parcel Map 10049, Neighborhoods E1 and E2"(1 6 Sheets, Sheets 1 -16), prepared by MacKay and Somps, Inc., approved September 7, 2011. • "Joint Trench Composite, Braddock & Logan Tract 8108 - Fallon Village Neighborhood E1 (9 Sheets, Sheets JT1 -JT9), prepared by Giacalone Utility Design and Planning, dated October 2, 2012, with modifications as necessary for City approval. • "Street Lighting, Braddock & Logan Tract 8108 - Fallon Village Neighborhood E1 (8 Sheets, Sheets SL1 -SL8), prepared by Giacalone Utility Design and Planning, dated October 2, 2012, with modifications as necessary for City approval. • "Landscape Plans — Veneto at Positano, Tract 8108 — Neighborhood E1" (44 Sheets,), prepared by Gates and Associates, dated November 19, with modifications as necessary for City approval. WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER`s offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, CITY has determined that The Improvements are a public works subject to California prevailing wage requirements; NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion_ Time. DEVELOPER will commence construction of The Improvements within thirty (30) days following the date on which CITY executes this agreement. DEVELOPER shall complete said work not later than two years following said date of execution of this agreement, unless the completion date is extended by the City Council. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as -built plans of The Improvements, including any authorized modifications. 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement is agreed to be as presented in the Bond Estimate — Fallon Village — Neighborhood E1, dated January 27, 2012, prepared by MacKay & Somps ($1,184,285), and attached to this agreement as Exhibit "A ". Said amount reflects 25% completion of the work, as the work is more than 75% complete at the time of the agreement preparation. Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. 3. Bonds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the Following security in a form satisfactory to the City Attorney: A. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred per cent (100 %) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. B. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one - hundred per cent (100 %) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor. 2 C. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit sufficient to assure CITY that the surface water drainage of the subdivision shall not interfere with the use of neighboring property, including public streets and highways. CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map Act. 3. Insurance Required. Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. than: A, Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1173) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ( "occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1178) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less 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. At the option of the CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER, premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers Liability Covera e. 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. 4 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coverage. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. c) Subcontractors. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one - year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one -year guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year [HOLD]to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship 5 or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50 %) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 5. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its City Engineer and designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 6. Agreement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY, which shall not be unreasonably withheld, denied, or delayed. 7. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of 0 breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and /or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: Mark Lander, City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 (925)- 833 -6630 Notices required to be given to DEVELOPER shall be addressed as follows: Dean K. Mills D. R. Horton 6630 Owens Drive Pleasanton, CA 94588 (925)- 225 -7442 Notices required to be given surety of DEVELOPER shall be addressed as follows: Peggy Ginem Assistant Vice President Willis Florida 3000 Bayport Drive, #300 (81 3)- 281 -2095 Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 8. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or 7 occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 9. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. 10. Acceptance of Work. Upon notice of the completion of all tract work and the delivery of a set of final as -built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine the tract work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance. 11. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 13. Liability. A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied [STAYS], or approved of plans and /or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. [STAYS] 4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 14. Recitals. The foregoing Recitals are true and correct and are made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. E CITY OF DUBLIN Joni Pattillo, City Manager ATTEST; City Clerk DEVELOPER D. R. Horton BAY, Inc. By:, Dean K. Mills Assistant Vice President GADEVELOPMENT, PRIVATE1Fallon Village (EDPO)7ract 8108, Nbad E- 11Flrtal Map Tract 81081Tract 8108 improvement agmt, Nbad, E -1.doc 10 19514 -01 E 01/2712012 J BM BOND ESTIMATE (REDUCED) FALLON VILLAGE - NEIGHBORHOOD E1 - 134 LOTS (55' X 100' LOTS) This Bond Estimate is based on Improvement Plans dated April 2012 TRACT 8108 - CITY OF DUBLIN ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT A. GRADING & STREETWORK 1. 300,250 SF Finish grading street 0.40 $120,100 2. 134 EA Finish lot grading 750.00 100,500 3. 1,460 LF Retaining Wall (h=1.0±) 24.00 35,040 4. 4,230 LF Retaining Wall (h =2.0 ±) 48.00 203,040 5. 7,870 LF Retaining Wall (h =3.0 ±) 72.00 566,640 6. 13,560 LF Backfill Retaining walls 12.00 162,720 7. 17,915 SF Paved multi -use trail /EVA/maint. {3" AC on 9" 3.00 53,750 8. 195,900 SF 3" AC pavement on all streets 1.35 264,470 9. 64,150 SF 10" AB on all courts 2.50 160,380 10. 131,750 SF 12" AB on all other streets 2.15 283,260 11. 72,060 SF 4" AB under sidewalk and driveway (includes 0.72 51,880 handicap ramps) 12. 16,365 SF 4" AB under curb & gutter 0.72 11,780 13. 25 EA Standard City of Dublin street monument 300.00 7,500 14. 6 EA Stop and street name sign 450.00 2,700 15. 6 EA Stop bar & legend 600.00 3,600 16. 1 LS Traffic striping 2,000.00 2,000 17. 15 EA Pavement reflectors at fire hydrants 25.00 380 18, 1 LS Erosion control 6,000.00 6,000 ESTIMATED TOTAL STREET WORK: $2,035,740 B. CONCRETE WORK 1. 10,910 LF Standard curb & gutter measured thru driveways 15.00 $163,650 2. 22 EA Curb inlet 4,200.00 92,400 3. 1 EA Concrete Diversion Structure 10,000.00 10,000 4. 72,060 SF 4" Sidewalk & handicap ramps 4.00 288,240 5. 12,730 SF 6" Driveway approach 6.00 76,380 6. 268 EA 3" PVC thru curb drains (2 per lot) 100.00 26,800 7. 12 EA Armor -tile domes in handicap ramps 400.00 4,800 8. 30 EA Storm drain field inlet (along maintenance bench 1,800.00 54,000 & parcels) 9. 10,910 LF 4" SDR drain under curb & gutter 9.50 103,650 ESTIMATED TOTAL CONCRETE WORK: $819,920 19514 -01 E- 20120127- JBM- FallonVillage- NeighEI- 134 - Lots -Bond estimate- REDUCED.Asm 1 of 3 19514 -01 E 01127/2012 JBM ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT C. STORM DRAIN WORK B CONCRETE WORK 819,920 C STORM DRAIN WORK 1. 9 EA Manholes including reset to finish grade 4,000.00 $36,000 2. 7,243 LF 18" Storm drain 45.00 325,940 3. 287 LF 15" Storm drain 40.00 11,480 ESTIMATED TOTAL STORM DRAIN WORK: $373,420 D. ELECTRICALJOINT TRENCH 1. 37 EA Single arm "Decorative" electrolier including 3,500.00 $1 29,500 conduit & boxes 2. 134 UNITS Joint trench (including service completions) 6,000.00 804,000 ESTIMATED TOTAL ELECTRICAL WORK: $933,500 E. LANDSCAPE & IRRIGATION 1. 23,980 SF Parkway strip landscaping and landscape parcels 4.50 $107,910 2. 130 EA Street trees in -tract (estimate) _ 250.00 32,500 ESTIMATED TOTAL LANDSCAPE PLANTING & IRRIGATION: $140,410 F. MISCELLANEOUS CONSTRUCTION 1. 1 LS 6" irrigation sleeves 3,500.00 $3,500 ESTIMATED TOTAL MISCELLANEOUS CONSTRUCTION: $3,500 SUMMARY A STREETWORK $2,035,740 B CONCRETE WORK 819,920 C STORM DRAIN WORK 373,420 D ELECTRICAUJOINT TRENCH 933,500 E LANDSCAPE & IRRIGATION 140,410 F MISCELLANEOUS CONSTRUCTION 3,500 ESTIMATED IMPROVEMENT COST: $4,306,490 CONTINGENCY 10% $430,650 TOTAL BOND ESTIMATE: $4,737,140 REDUCED BOND AMOUNT (25 %) $1,184,285 19514 -01 E- 20120127 - JBM- FallonVillage- NeighE1- 134 -LoEs -Bond estimate-RE DUG ED -xlsm 2 of 3 19514 -01 E 01/27/2012 JBM NOTES 1. This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay & Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate. 2 3 0 This estimate does not consider the following: a. Land costs, acquisition of Right of Way, easements, and /or rights of entry. b. Fees for assessment, lighting & landscaping, GRAD, Mollo Roos districts or the like. c. Fencing d. Costs associated with trench shoring. e. City fees. f. Phased construction or out of regular sequence construction. g. Tree preservation systems. h. Landscaping & associated design costs I. Financing and overhead charges. j. Costs associated with Endangered Species and Wildlife Conservation. k. Cost associated with Corps of Engineers, Fish and Game, Fish and Wildlife and Wetlands I. Costs associated with overexcavation of unsuitable material. Costs presented herein represent an opinion based on historical information. No provision has been made for inflation. As noted above this estimate does not include costs associated with right -of -way acquisition or temporary grading /construction easements. Prepared by the firm of MACKAY & SOMPS 19514 -0fE- 20120127- JBM- FallonVillage- NeighEI -134- Lots- Bond estirnaie- REDUCED.Asm 3 of 3 RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8108, NEIGHBORHOOD E -1 POSITANO/ FALLON VILLAGE WHEREAS, a Vesting Tentative Map for Tract 7586 for Fallon Village was approved by Planning Commission Resolution 05 -61 on November 22, 2005 with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project - related landscape features within the public rights -of -ways; and WHEREAS, said Conditions of Approval required the developer to enter into an "Agreement for Long -Term Encroachment" for the maintenance of the landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to improve required Tract improvements, including said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features with Tract 8108, Neighborhood E -1, Positano/ Fallon Village, attached hereto as Exhibit "A "; NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 18th day of December, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor Recording Requested By: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 8108, FALLON VILLAGE/ POSITANO — NEIGHBORHOOD E -1 THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 8108 ( "Agreement ") is made between the City of Dublin ( "City ") and D. R. Horton BAY, Inc. ( "Owner "). 1. Property:, The subject property is Tract 8108 as filed in Book of Maps at Pages , in the Official Records of the County of Alameda, State of California. 2. Developer: Owner is the owner of Tract 8108, Fallon Village/ Positano Neighborhood E-1, ( "Project "). 3. Landscape Features:_ Owner, as part of the Project, anticipates the construction of Project related landscape features within the City's rights of ways on the following streets in Tract 8108: Caleagno Court, Campanille Court, North Terracina Drive, Porcellano Way, Viento Court, Volterra Drive, and Volterra Court(collectively, the "Landscape Features "). Construction details for these Landscape Features are shown on the "Landscape Plans — Veneto at Positano, Tract 8108 - Neighborhood El " prepared by Gates and Associates, dated November 19, 2012 with modifications as necessary for City approval. The scope of the improvements covered under the agreement is shown on the attached F.xhihit 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 Iimited to fountains, arches, monuments, etc. 6. Operations and Maintenance: Owners shall maintain and repair all the Landscape improvements, including all frontage and island landscape plantings, irrigation, and sidewalks within the designated areas, in a safe manner consistent with the approved plans to the reasonable satisfaction of the City at its sole cost and expense, including electric power and water cost. Owner will be responsible at its sole cost to replace or repair any Landscape Feature damaged or removed during the maintenance or repair of sewer, water, drainage or utility improvements by the City, Dublin San Ramon Service District or utility company, unless such damage or removal is caused by the negligence, gross negligence or willful misconduct of the City, Dublin San Ramon Service District or utility company. The City will maintain at its sole cost all asphalt concrete pavement, concrete curb and gutter, drainage improvements, traffic signs and striping, and streetlights and any other features in the public right of way. 7. Removal or Relocation: If future improvements proposed by the City conflict with any of the Landscape Features, the City may remove or reasonably relocate the Landscape Feature at its sole cost. If any of the Landscape Features are relocated, the City and Owners will execute a modification to this Agreement to reflect the maintenance and operations at its new location. Provided, however, the City is under no obligation to relocate any of the Landscape Features. 8. Insurance: Owners shall obtain and maintain in effect a combined single limit policy of liability insurance not less than one million dollars {$1,000,000} covering the Landscape Features improvements and shall name the City as an additional insured. 9. Indemnification: Owners shall indemnify, defend and hold the City harmless from and against any and all loss, claims, liability damage or expense or cost the City may incur or become liable for or for which a claim is made by a third party, due to or arising out of Owner's construction, maintenance or operations of the Landscape Features unless caused by the negligence, gross negligence or willful misconduct of the City, its agents, contractors or employees. 10. Permanent: The Landscape Feature and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, and are appurtenant to the Property. 11. Right to Assign: Owners may assign any or all rights, interests and obligations of Owners arising under this Agreement to the Homeowners' Association for Tract 8108 or to a successor in interest of Owners with respect to all or a portion of the Project; provided, however, that no such assignment of Owners' rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager, which approval shall 2 not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide on any assignment within ten (10) days after Owner's notice thereof, provided all necessary documents and other information are provided to the City Manager to enable the City Manager to assess the assignment. 12. Successors and Assigns: Each reference to the "City" in this Agreement shall be deemed to refer to and include the City and all successors and assigns of City. All references to the "Owner" in this Agreement shall be deemed to refer to and include D. R. Horton BAY, Inc. and all successors and assigns D. R. Horton BAY, Inc. including but not limited to the Tract 8108 Home Owner's Association. 13. Notices: Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery if delivered personally to the party to whom notice is to be given (including messenger or recognized delivery or courier service) or on the second day after mailing, if mailed to the party to whom notice is to be given, by first -class mail, postage prepaid, and properly addressed as follows: City: City of Dublin 100 Civic Plaza Dublin, California 94568 Fax No, (925) 833 -6651 Attn: City Manager Owner: D. R. Horton BAY, Inc. 6630 Owens Drive Pleasanton, CA 94588 (925)- 225 -7442 Attn. FoiNvard Planning 14. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth in full body of this Agreement. 15. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. lb. Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and cannot 3 be amended or modified except by a written agreement, executed by each of the parties hereto. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. Dated this day of 32012. CITY: THE CITY OF DUBLIN, a municipal corporation By: Joni Pattillo City Manager OWNERS: D. R. Horton BAY, Inc. Dean K. Mills Authorized Representative 4 >� o z a h qq w �i 4 r m Q � � 8 x � � .0 o0v a _ gt milvaKu � n _ � a 8 h x � ti fi m � � R � Rfi 3 4 f x) L } RESOLUTION NO. —12 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 8108, NEIGHBORHOOD E -1, POSITANO / FALLON VILLAGE 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, D. R. Horton BAY Inc., is filing Tract 8108 Final Map for developing 134 residential dwelling units constructed on 134 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 8108 are 1) Dedication of 1.5008 acres of Community Park Land or payment of $1,471,856 in Community Park Land In -Lieu Fees, and 2) Dedication of 0.6432 acres Neighborhood Park Land or payment of $771,840 in Neighborhood Parkland In -Lieu Fees; and WHEREAS, Developer will satisfy the Community Park Land Dedication requirement through the use of Community Park Land credits for 1.5008 acres of, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 8108. WHEREAS, Developer will satisfy the Neighborhood Parkland Dedication requirement through the use of Neighborhood Park Land credits for 0.6432 acres of, which the Developer desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 8108. NOW, THEREFORE, BE IT RESOLVED that the application of 1.5008 acres of Community Park Land credits and the application of 0.6423 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. 1 PASSED, APPROVED AND ADOPTED this 18th day of December, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor GADEVELOPMENT, PRIVATE \Fallon Village (EDPO) \Tract 8105 - B & L (N -D4, School & Park) \Reso_parkland dedication - Tr 8105.docx 2