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HomeMy WebLinkAboutJuly 18, 2017 Agenda PacketJuly 18, 2017 Dublin City Council Agenda Page 1 of 5 REGULAR MEETING Tuesday, July 18, 2017 Shannon Community Center, 11600 Shannon Avenue DUBLIN CITY COUNCIL A G E N D A  Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov)  Agendas may be picked up at the City Clerk’s Off ice for no charge, or to request information on being placed on the annual subscription list, please call 833-6650.  A complete packet of information containing Staff Reports and exhibits relate to each item is available of public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk’s Office and also at the Dublin Library. CLOSED SESSION 6:30 P.M. PUBLIC EMPLOYEE PERFORMANCE EVALUATION TITLE: CITY ATTORNEY REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. Employee Introductions: Ohsung Kwan, Kelly Roys and Tanya Chadha New City Staff members, Ohsung Kwan, Plans Examiner in Community Development; Kelly Roys, Office Assistant II in Community Development; and Tanya Chadha, MTC Summer Intern in Public Works, will be introduced. STAFF RECOMMENDATION: Welcome City of Dublin Staff members. 3.2 Public Comment At this time, the public is permitted to address the City Council on non -agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3 ) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concern ing the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1. Approval of the June 20, 2017 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the June 20, 2017, Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the June 20, 2017, Regular City Council meeting. July 18, 2017 Dublin City Council Agenda Page 2 of 5 4.2. Agreement with Jones Hall for CFD Bond Counsel Services The City Council will consider approving a consulting services agreement with Jones Hall, PLC to serve as bond and disclosure counsel for services for Community Facilities District No. 2015-1 (Dublin Crossing). STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement with Jones Hall, PLC. 4.3. Amendment to Consulting Services Agreement with Van Sickle & Rolleri LLC The City Council will consider amending the Consulting Services Agreement with Van Sickle & Rolleri LLC for the design, fabrication and installation of the Dublin Camp Parks Military History Center. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Consulting Services Agreement with Van Sickle & Rolleri LLC. 4.4. Second Reading of Ordinance - Levying a Special Tax Within and Relating to Community Facilities District No. 2017-1 (Dublin Crossing - Public Services) The City Council will consider adopting an Ordinance levying special taxes within Community Facilities District No. 2017-1 (Dublin Crossing – Public Services). The special taxes will fund the maintenance of public street lighting and public landscaping within the Boulevard development project. STAFF RECOMMENDATION: Waive the second reading and adopt the Ordinance Levying Special Taxes within Community Facilities District No. 2017-1 (Dublin Crossing – Public Services). 4.5. National Night Out Proclamation The City Council will proclaim Tuesday, August 1, 2017 as National Night Out. Sponsored by the National Association of Town Watch, the annual National Night Out campaign began in 1984 as an effort to promote involvement in crime prevention activities, police-community partnerships, neighborhood camaraderie and building safer communities. STAFF RECOMMENDATION: Present the proclamation. 4.6. Agreement with Royston Hanamoto Alley & Abey to Prepare a Downtown Dublin Streetscape Plan The City Council will consider authorizing the City Manager to execute a Consulting Services Agreement with Royston Hanamoto Alley & Abey, a landscape architecture and planning consulting firm, to prepare a Streetscape Plan for Downtown Dublin (Downtown Dublin Streetscape Plan). STAFF RECOMMENDATION: Adopt a Resolution Approving a Consulting Services Agreement with Royston Hanamoto Alley & Abey to prepare a Downtown Dublin Streetscape Plan. 4.7. Appointments to the 2017 Ad-Hoc Audit Review Committee The City’s independent auditors, Maze and Associates, have commenced the field work necessary to complete the Comprehensive Annual Financial Report (CAFR) for year ending June 30, 2017. The City Council will consider the appointments to the 2017 Ad-Hoc Review Committee, comprised of two City Councilmembers recommended by the Mayor, who will review the audit process and final report (for the period ending June 30, 2017) with the auditors. STAFF RECOMMENDATION: Confirm the Mayor’s appointment of Councilmember Hernandez and Councilmember Goel as the 2017 Ad-Hoc Audit Review Committee that will serve for a limited time. July 18, 2017 Dublin City Council Agenda Page 3 of 5 4.8. Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from June 1, 2017 - June 30, 2017 totaling $9,313,701.00. STAFF RECOMMENDATION: Receive the report. 4.9. Shannon Center Parking Lot Improvements Project No. PK0316 - Approval of Plans and Specifications and Award of Contract The City Council will consider approving the plans and specifications and awarding a construction contract to GradeTech, Inc. for the Shannon Center Parking Lot Improvements Project (CIP No. PK0316). The City Council will also consider approving a budget change to increase project funding. The project will refurbish the parking lot surface, replace and add parking lot lighting, improve drainage, rejuvenate the landscaping, and make modifications to comply with Americans with Disabilities Act. STAFF RECOMMENDATION: Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to GradeTech Inc. for the Shannon Center Parking Lot Improvements Project (CIP No. PK0316), and approve the budget change. 4.10. Report on the Arts Space Grant Pilot Program The City Council will receive a report on the Arts Space Grant Pilot Program and consider Staff's recommendations for modifications. STAFF RECOMMENDATION: Modify the Arts Space Grants program by accepting simplified applicatio ns on a rolling deadline, via a set criterion and approved at the Staff level. Staff would prepare an annual review of the program and present it to the Heritage and Cultural Arts Commission and the City Council. 5. WRITTEN COMMUNICATION – NONE. 6. PUBLIC HEARING – NONE. 7. UNFINISHED BUSINESS 7.1. Introduction of Ordinance Amending Chapter 2.12 (Planning Commission) of the Dublin Municipal Code and Amendments to Commission and Committee Bylaws to Revise Policy on Absenteeism At its April 18, 2017 meeting, the City Council directed Staff to prepare 1) an Ordinance updating Chapter 2.12 (Planning Commission) of the Dublin Municipal Code, and 2) Resolutions adopting revised bylaws for the City’s Heritage and Cultural Arts Commission, Human Services Commission, Parks and Community Services Commission, Senior Center Advisory Committee and Youth Advisory Committee. Under existing City Council-adopted rules, Commissions have a general policy for absenteeism, which requires Commissioners to attend 75% of meetings in any 12-month period and any member of a commission may be removed from office with approval of a majority of the City Council. The City Council recommended a new policy that would result in an automatic vacation of office after the third absence in any 12-month period. STAFF RECOMMENDATION: Waive the reading and INTRODUCE an Ordinance Amending Dublin Municipal Code Chapter 2.12 (Planning Commission); and, adopt the Resolution Updating the Bylaws for the other five City Commissions and Committees. July 18, 2017 Dublin City Council Agenda Page 4 of 5 8. NEW BUSINESS 8.1. Authorizing Issuance of First Series of Special Tax Bonds for Improvement Area No. 1 of Community Facilities District No. 2015-1 (Dublin Crossing) and Approving Form of and Execution of Related Documents; Authorizing Execution of Acquisition Agreement; and Authorizing Execution of Joint Community Facilities Agreement This report contains three related items for the City Council’s consideration regarding the first phase of special tax bond financing for Community Facilities District No. 2015-1 (Dublin Crossing) and the use of the bond sale proceeds to finance authorized public capital facilities and public capital facility impact fees. The first is a Resolution authorizing issuance of the 2017 special tax bonds and approving the forms of and authorizing the execution of related bond issuance documents. The second is a Resolution authorizing execution of an Acquisition Agreement with Dublin Crossing, LLC, which prescribes the conditions and procedure for disbursement of bond proceeds to finance (through reimbursement) authorized public capital facilities upon completion and to finance (through reimbursement) authorized public capital facility impact fees. The third is a Resolution authorizing execution of a Joint Community Facilities Agreement with Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone 7), providing the procedure for transferring ownership of those authorized public capital facilities which, upon completion, are to be owned by Zone 7. STAFF RECOMMENDATION: Adopt the following: 1) Resolution Authorizing Issuance of Special Tax Bonds; Approving the Form and Authorizing Execution of a Fiscal Agent Agreement, a Purchase Contract and a Continuing Disclosure Certificate and Authorizing Sale and Delivery of the Bonds Pursuant to the Purchase Contract; Approving the Form and Delivery of a Preliminary Official Statement and the Preparation and Distribution of a Final Official Statement to be Derived from the Preliminary Official Statement; and Approving Execution and Delivery of Other Documents and Taking of Actions as Necessary to Implement the Issuance, Sale and Delivery of the Bonds; 2) Resolution Authorizing Execution of an Acquisition Agreement Between the City of Dublin and Dublin Crossing, LLC; and, 3) Resolution Authorizing Execution of a Joint Community Facilities Agreement Among the City of Dublin, Zone 7 of the Alameda County Flood Control and Water Conservation District, and Dublin Crossing, LLC. 8.2. Kaiser Permanente Public Art Proposal The City Council will consider Kaiser Permanente’s proposal for public art for its new Specialty Medical Office/Cancer Center, now under construction at 3200 Dublin Boulevard. STAFF RECOMMENDATION: Approve Kaiser Permanente's proposal for public artwork at its new Specialt y Medical Office/Cancer Center. 8.3. Amendments to the Master Fee Schedule for Parks and Community Services and Discussion on Non-Profit Rates The City Council will consider amending the Master Fee Schedule to include fees for Parks and Community Services that were deferred at the June 20, 2017 City Council Meeting. The City Council will also discuss future rate setting for non-profit use of facilities. STAFF RECOMMENDATION: Adopt the Resolution Amending the Fiscal Year 2017-18 Master Fee Schedule; and provide direction on non-profit facility rental rates. July 18, 2017 Dublin City Council Agenda Page 5 of 5 8.4. Review of Capital Improvement Program - Future Projects and Future Funding Needs The City Council will receive a report on the future projects identified in the City’s Capital Improvement Program, with a specific focus on projects outside the current five-year time frame with the General Fund as the funding source and current projects with future funding needs outside of the five-year time frame. Staff is also making recommendations, for City Council discussion, whether to continue with or discontinue certain capital projects. STAFF RECOMMENDATION: Receive the report and provide direction to Staff on the proposed recommendations to keep and/or delete certain capital projects. 9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833 - 6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. Vision Dublin is a vibrant city committed to its citizens, natural resources and cultural heritage. As Dublin gro ws, it will balance history with progress, to sustain an enlightened, economically balanced and diverse community. Dublin is unified in its belief that an engaged and informed community encourages innovation in all aspects of City life, including programs to strengthen our economic vitality, and preserve our natural surroundings through environmental stewardship and sustainability. Dublin is dedicated to promoting an active and healthy lifestyle through the creation of first-class recreational opportunities, facilities and programs. Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Employee Introductions: Ohsung Kwan, Kelly Roys and Tanya Chadha Prepared by: Taryn Gavagan Bozzo, Executive Aide EXECUTIVE SUMMARY: New City Staff members, Ohsung Kwan, Plans Examiner in Community Development; Kelly Roys, Office Assistant II in Community Development; and Tanya Chadha, MTC Summer Intern in Public Works, will be introduced. STAFF RECOMMENDATION: Welcome City of Dublin Staff members. FINANCIAL IMPACT: None. DESCRIPTION: New City of Dublin Staff members, Ohsung Kwan, Plans Examiner in Community Development; Kelly Roys, Office Assistant II in Community Development; and Tanya Chadha, MTC Summer Intern in Public Works, will be introduced to the City Council. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.1 Packet Pg. 6 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of the June 20, 2017 Regular City Council Meeting Minutes Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the June 20, 2017, Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the June 20, 2017, Regular City Council meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the June 20, 2017, Regular City Council meeting. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the June 20, 2017 Meeting 4.1 Packet Pg. 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – JUNE 20, 2017 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING JUNE 20, 2017 A Regular Meeting of the Dublin City Council was held on Tuesday, June 20, 2017, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor David Haubert. 1. Call to Order Attendee Name Title Status David Haubert Mayor Present Don Biddle Vice Mayor Present Arun Goel Councilmember Absent Abe Gupta Councilmember Present Melissa Hernandez Councilmember Present 2. Pledge of Allegiance – The pledge of allegiance was recited by the City Council, Staff and those present at the meeting. 3. Oral Communications 3.1. Employee Introductions: Sgt. Aaron Garth and Carrie Simmons The City Council welcomed the new City Staff members. 3.2. Public Comment Jean Josey, Dublin resident, provided public comment. 4. Consent Calendar 4.1. Approved the minutes for the June 6, 2017, Regular City Council meeting. 4.2. Adopted RESOLUTION NO. 72 – 17 APPROVING THE CONSULTING SERVICES AGREEMENT WITH 3i ADVERTISING LLC 4.3. Adopted RESOLUTION NO. 73 – 17 APPROVING A CONTRACT SERVICES AGREEMENT WITH CONTRACT SWEEPING SERVICES, INC. 4.1.a Packet Pg. 8 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 M e e t i n g ( 1 5 3 0 : D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING JUNE 20, 2017 4.4. Adopted RESOLUTION NO. 74 – 17 APPROVING A CONTRACT SERVICES AGREEMENT WITH SF ART CONSERVATION 4.5. Adopted RESOLUTION NO. 75 – 17 ADOPTING AN UPDATE TO THE MASTER FEE SCHEDULE FOR SERVICES PROVIDED BYTHE CITY 4.6. Adopted RESOLUTION NO. 76 – 17 APPROVING A CONTRACT SERVICES AGREEMENT WITH VALLEY WINDOW CLEANING, INC. 4.7. Adopted RESOLUTION NO. 77 – 17 APPROVING A FRAMEWORK FOR MUNICIPAL REGIONAL STORMWATER NPDES PERMIT GREEN INFRASTRUCTURE PLAN DEVELOPMENT 4.8. Adopted RESOLUTION NO. 78 – 17 APPROVING THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES FOR FISCAL YEAR 2017-18 4.9. Adopted RESOLUTION NO. 79 – 17 AMENDING AND RESTATING CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND HINDERLITER, de LLAMAS AND ASSOCIATES 4.10. Adopted RESOLUTION NO. 80 – 17 APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND COUNTY OF ALAMEDA FOR TRAFFIC SIGNAL AND STREETLIGHTING MAINTENANCE, AND REAL ESTATE SERVICES 4.1.a Packet Pg. 9 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 M e e t i n g ( 1 5 3 0 : D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING JUNE 20, 2017 4.11. Adopted RESOLUTION NO. 81 – 17 APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH MACKAY & SOMPS, CIVIL ENGINEERS, INC. FOR THE TASSAJARA ROAD REALIGNMENT AND DESIGN 4.12. Received the notification and adopted RESOLUTION NO. 82 – 17 APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR TRACT 8102, TASSAJARA HILLS RESOLUTION NO. 83 – 17 ORDERING THE ANNEXATION OF TASSAJARA HILLS (TRACT 8102) INTO THE DUBLIN RANCH STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 4.13. Adopted RESOLUTION NO. 84 – 17 APPROVING A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND LANLOGIC, INC. 4.14. Adopted RESOLUTION NO. 85 – 17 APPROVING AN AMENDMENT TO THE AGREEMENT WITH TRI-VALLEY JANITORIAL SERVICE & SUPPLY, INC. 4.15. Received the Payment Issuance Report. 4.16. Adopted RESOLUTION NO. 86 – 17 APPROVING AN AGREEMENT WITH COUNTY OF ALAMEDA FOR LIBRARY SERVICES FOR FISCAL YEAR 2017-18 4.17. Adopted RESOLUTION NO. 87 – 17 AUTHORIZING THE CONTINUED PARTICIPATION OF THE CITY OF DUBLIN IN THE ALAMEDA COUNTY URBAN COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING EXECUTION OF THE COOPERATION 4.1.a Packet Pg. 10 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 M e e t i n g ( 1 5 3 0 : D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING JUNE 20, 2017 AGREEMENT BETWEEN THE CITY AND COUNTY OF ALAMEDA REGARDING PARTICIPATION IN THE ALAMEDA COUNTY URBAN COUNTY FOR COMMUNITY BLOCK GRANT FUNDS RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVED BY: Don Biddle, Vice Mayor SECOND: Abe Gupta, Councilmember AYES: Hernandez, Haubert, Gupta, Biddle ABSENT: Goel 5. Written Communication – None. 6. Public Hearing 6.1. Community Facilities District Formation - Dublin Crossing Public Services Mayor Haubert opened the public hearing. There were no comments made by the public. Mayor Haubert closed the public hearing. Adopted RESOLUTION NO. 88 – 17 FORMATION OF A COMMUNITY FACILITIES DISTRICT, CONDITIONAL AUTHORIZATION TO LEVY A SPECIAL TAX, AND CONDITIONAL ESTABLISHMENT OF AN INITIAL APPROPRATIONS LIMIT FOR COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING – PUBLIC SERVICES) RESOLUTION NO. 89 – 17 CALLING SPECIAL MAILED-BALLOT ELECTION AND SUBMITTING TO THE VOTERS OF CFD NO. 2017-1 THE ANNUAL LEVY OF SPECIAL TAXES WITHIN CFD NO. 2017-1 TO FINANCE PUBLIC SERVICES FOR COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING – PUBLIC SERVICES) RESULT: ADOPTED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Don Biddle, Vice Mayor AYES: Hernandez, Haubert, Gupta, Biddle ABSENT: Goel 4.1.a Packet Pg. 11 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 M e e t i n g ( 1 5 3 0 : D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 5 REGULAR MEETING JUNE 20, 2017 Adopted RESOLUTION NO. 90 – 17 DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING – PUBLIC SERVICES) RESULT: ADOPTED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Don Biddle, Vice Mayor AYES: Hernandez, Haubert, Gupta, Biddle ABSENT: Goel Waived the reading and introduced ORDINANCE NO. 06 – 17 AN ORDINANCE OF THE CITY OF DUBLIN LEVYING A SPECIAL TAX WITHIN AND RELATING TO THE CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING – PUBLIC SERVICES) RESULT: ADOPTED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Don Biddle, Vice Mayor AYES: Hernandez, Haubert, Gupta, Biddle ABSENT: Goel 6.2. Modification to Exhibit A of Resolution 96-15 to Authorize the Addition or Deletion of Capital Improvements and Capital Facilities Fees Which May be Financed; and Annexation of Property into Community Facilities District No. 2015-1 (Dublin Crossing) Mayor Haubert opened the public hearing. There were no comments made by the public. Mayor Haubert closed the public hearing Adopted RESOLUTION NO. 91 – 17 CALLING SPECIAL MAILED-BALLOT ELECTION RESPECTING PROPOSED CHANGE OF PROCEEDINGS TO MODIFY EXHIBIT A TO RESOLUTION NO. 96-15 FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING – PUBLIC SERVICES) 4.1.a Packet Pg. 12 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 M e e t i n g ( 1 5 3 0 : D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 6 REGULAR MEETING JUNE 20, 2017 RESOLUTION NO. 92 – 17 DECLARING RESULTS OF LANDOWNER-VOTER ELECTION AND ORDERING CHANGE TO EXHIBIT A OF RESOLUTION NO. 96-15 TO AUTHORIZE, UNDER PRESCRIBED CONDITIONS, THE ADDITION OR DELETION OF CAPITAL IMPROVEMENTS AND/OR CAPITAL FACILITIES IMPACT FEES WHICH MAY BE FINANCED FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING – PUBLIC SERVICES) The result of the aforementioned election reflects a tally of five (5) “YES” votes from the following landowners: Dublin Crossing, LLC; Brookfield Wilshire, LLC; Brookfield Bay Area Holdings, LLC; Brookfield Fillmore, LLC; and CalAtlantic Group, Inc. RESOLUTION NO. 93 – 17 APPROVING ANNEXATION MAP RELATED TO ANNEXATION NO. 1 TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 AND TO IMPROVEMENT AREA NO. 1 WITHIN SAID COMMUNITY FACILITIES DISTRICT; AND AUTHORIZING AND DIRECTING RECORDING THEREOF COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING – PUBLIC SERVICES) RESULT: ADOPTED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Don Biddle, Vice Mayor AYES: Hernandez, Haubert, Gupta, Biddle ABSENT: Goel 6.3. Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District 83 -2; Landscaping and Lighting Maintenance Assessment District 86 -1; Landscaping and Lighting Maintenance Assessment District 97 -1; Street Lighting Maintenance Assessment District 99-1 Mayor Haubert opened the public hearing. There were no comments made by the public. Mayor Haubert closed the public hearing. Adopted 4.1.a Packet Pg. 13 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 M e e t i n g ( 1 5 3 0 : D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 7 REGULAR MEETING JUNE 20, 2017 RESOLUTION NO. 94 – 17 APPROVING THE ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1983-1, LANDSCAPE AND LIGHTING DISTRICT 1983-3, LANDSCAPE AND LIGHTING DISTRICT 1986-1, LANDSCAPE AND LIGHTING DISTRICT 1997-1, AND STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1999-1 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Don Biddle, Vice Mayor SECOND: Melissa Hernandez, Councilmember AYES: Hernandez, Haubert, Gupta, Biddle ABSENT: Goel 7. Unfinished Business – None. 8. New Business 8.1. Special Designation of General Fund Reserves for Fiscal Year 2016-17 Adopted RESOLUTION NO. 95 – 17 AUTHORIZING A SPECIAL DESIGNATION OF GENERAL FUND RESERVES FOR FISCAL YEAR 2016-17 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Don Biddle, Vice Mayor SECOND: Melissa Hernandez, Councilmember AYES: Hernandez, Haubert, Gupta, Biddle ABSENT: Goel 9. Other Business Chris Foss, City Manager, informed Council that the City is working closely with Cal/OSHA and the manufacturer on the evaluation of the slides that are currently closed for public use at The Wave at Emerald Glen Park. Mr. Foss also informed Council that the next two meetings will be held at Ambrose Hall in the Shannon Community Center. 4.1.a Packet Pg. 14 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 M e e t i n g ( 1 5 3 0 : D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 8 REGULAR MEETING JUNE 20, 2017 10. Adjournment The meeting was adjourned at 10:20 p.m. Mayor ATTEST: ___________________________ City Clerk 4.1.a Packet Pg. 15 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 M e e t i n g ( 1 5 3 0 : D r a f t M i n u t e s o f t h e J u n e 2 0 , 2 0 1 7 R e g u l a r M e e t i n g ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement with Jones Hall for CFD Bond Counsel Services Prepared by: Colleen Tribby, Director of Administrative Services EXECUTIVE SUMMARY: The City Council will consider approving a consulting services agreement with Jones Hall, PLC to serve as bond and disclosure counsel for services for Community Facilities District No. 2015-1 (Dublin Crossing). STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement with Jones Hall, PLC. FINANCIAL IMPACT: There is no financial impact on City funds. The costs of bond and disclosure counsel will be paid for from proceeds of bonds issued by Community Facilities District No. 2015-1 (Dublin Crossing). DESCRIPTION: On June 2, 2015 the City Council approved the formation of Community Facilities District No. 2015-1 (Dublin Crossing) (the CFD) and the Resolution Deeming it Necessary to Incur Indebtedness, in anticipation of issuing one or more series of bonds for each of the five improvement areas comprising the Dublin Crossing property, as required by the terms of the development agreement for the project. In 2013, prior to formation of the CFD, the City solicited and received proposals from law firms qualified to serve as CFD counsel, and ultimately selected Meyers Nave to fulfill that role. Meyers Nave has served effectively in this capacity throughout the formation of the CFD and up to this point, as the City prepares for the first bond issuance on behalf of the CFD. However, Meyers Nave is no longer structured for full- time bond and disclosure counsel and the significant level of involvement this project requires. Therefore, Staff desires to transition the bond and disclosure counsel function to Jones Hall PLC (Jones Hall), another firm that submitted a proposal prior to the CFD 4.2 Packet Pg. 16 Page 2 of 2 formation. Jones Hall is a legal firm whose practice is exclusively California municipal bonds and the firm is a leader in representing cities in the issuance of CFD bonds, including the nearby cities of Livermore, Tracy and Lathrop. Jones Hall is fully staffed to serve the needs of the City and the CFD, including its own in -house tax counsel and a municipal bond-focused closing department, both of which are not available to the City through Meyers Nave. Staff has concluded that the best interest of the City and the CFD will be served by substituting Jones Hall as full service bond counsel and disclosure co unsel. As is typical in the bond industry, payment for the legal services related to each series of bond is contingent upon the closing of the bond transaction, payable at the time of closing and from the bond proceeds generated. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving a Consulting Serviecs Agreement Between the City of Dublin and Jones Hall, PLC 2. Exhibit A - Consulting Services Agreement with Jones Hall 4.2 Packet Pg. 17 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A CONSULTING SERVICES AGREEMENT BEWTEEN THE CITY OF DUBLIN AND JONES HALL, PLC. WHEREAS, the City has previously conducted proceedings to form City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) and five Improvement Areas; and WHEREAS, each Im provement Area is authorized to issue one or more separate series of bonds; and WHEREAS, on January 20, 2015, the City entered into a contract with the Meyers Nave, PLC for bond and disclosure counsel services related to the formation of Dublin Crossings and subsequent bond issuance(s); and WHEREAS, Meyers Nave is no longer structured to provide such services f or the remainder of the Dublin Crossing financing activities; and WHEREAS, the City now wishes to issue and sell one or more series of special tax bonds for each Improvement Area, secured by special taxes levied in such respective Improvement A rea within the CFD; and WHEREAS, to issue and sell Bonds for the Improvement Areas of the CFD, the City desires to engage the services of nationally recognized bond counsel and disclosure counsel; and WHEREAS, Jones Hall, PLC was a respondent to the Request for Proposal for bond council and disclosure services previously issued by the City; and WHEREAS, Jones Hall, PLC has extensive experience representing cities and community facilities districts about bond issuances, and WHEREAS, the City desires to enter into an Agreement with Jones Hall, PLC, for bond and disclosure counsel on behalf of the CFD. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the consulting services agreement with Jones Hall PLC, as attached hereto as Exhibit A to the Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 18th day of July 2017, by the following vote: AYES: NOES: 4.2.a Packet Pg. 18 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a C o n s u l t i n g S e r v i e c s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d J o n e s H a l l , P L C ( 1 5 0 9 : A g r e e m e n t w i t h ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.2.a Packet Pg. 19 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a C o n s u l t i n g S e r v i e c s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d J o n e s H a l l , P L C ( 1 5 0 9 : A g r e e m e n t w i t h 1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND JONES HALL, PLC. This Agreement is made and entered into between the City of Dublin ("City") and Jones Hall, PLC (“Consultant”) as of July 18, 2017 (the “Effective Date”). In consideration of their mutual covenants, the parties hereto agree as follows: Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on when the work described in Exhibit A is complete, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant as per the compensation schedule attached as Exhibit B, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 4.2.b Packet Pg. 20 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 2 2.1 Invoices. Consultant shall submit a single invoice, for each bond issuance as part of a costs of issuance requisition based on the fees set forth in Exhibit B.. No individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:  Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Contract o Hours must be logged in increments of tenths of an hour or quarter hours o If this Contract covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The Consultant’s signature. 2.2 Monthly Payment. Consultant shall be paid its fees and reimbursable costs for each bond issuance from proceeds of the sale of bonds City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B. 2.5 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B and shall not exceed $2,500 per each series of Bonds for bond counsel services). Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 4.2.b Packet Pg. 21 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 3 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance 4.2.b Packet Pg. 22 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 4 and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no 4.2.b Packet Pg. 23 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 5 insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled 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. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims- made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.2.b Packet Pg. 24 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 6 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. 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 City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention provision and/or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 4.2.b Packet Pg. 25 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 7  Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. Consultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant/Subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 4.2.b Packet Pg. 26 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 8 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract 4.2.b Packet Pg. 27 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 9 Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this 4.2.b Packet Pg. 28 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 10 Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this 4.2.b Packet Pg. 29 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 11 Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Jones Hall, PLC David Fama 475 Sansome Street, Suite 1700 San Francisco, CA 94111 Any written notice to City shall be sent to: The City of Dublin Attn: Colleen Tribby 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 4.2.b Packet Pg. 30 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) 12 IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on the 18th day of July, 2017. CITY OF DUBLIN CONSULTANT ____________________________ ______________________________ CHRISTOPHER L. FOSS, DAVID T. FAMA, CITY MANAGER VICE PRESIDENT Attest: ____________________________ Caroline Soto, City Clerk Approved as to Form: ____________________________ John Bakker, City Attorney 4.2.b Packet Pg. 31 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) EXHIBIT A SCOPE OF SERVICES Upon execution of this Agreement, the City, on behalf of the CFD, will be Attorney’s client and an attorney-client relationship will exist between City and Attorneys. Attorneys assume that all other parties will retain such counsel, as they deem necessary and appropriate to represent their interests in this transaction. Attorneys further assume that all other parties understand that in these transactions for the CFD and Improvement Areas, Attorneys represent only the City, Attorneys are not counsel to any other party, and Attorneys are not acting as an intermediary among the parties. Attorneys’ services as bond counsel and disclosure counsel are limited to those contracted for in this Agreement; the City's execution of this Agreement will constitute an acknowledgment of those limitations. Attorneys’ representation of the City will not affect, however, our responsibility to render an objective Bond Opinion. The Scope of bond counsel services consists of the following:  Consultation and cooperation with City and City staff to assist in the formulation of a coordinated financial and legal issuance of the Bonds.  Participation in teleconferences and meetings with the City, the owners and developers of land in the CFD and the City’s consultants about the issuance of the Bonds.  Preparation of all legal proceedings for the authorization, issuance and delivery of the Bonds by the City; including (a) preparation of a resolution of the governing board of the City authorizing the issuance and sale of the Bonds and approving related documents and actions, (b) preparation of all financing documents, (c) preparation of all documents required for the closing of the issue, (d) supervising the closing, and (e) preparation of all other proceedings incidental to or in connection with the issuance and sale of the Bonds.  Advising the City, from the time Attorneys are hired as Bond Counsel until the Bonds are issued, as to compliance with federal tax law as required to ensure that interest on the Bonds is exempt from federal income taxation.  Upon completion of proceedings to Attorneys’ satisfaction, providing a legal opinion (the “Bond Opinion”) approving the validity and enforceability of the proceedings for the authorization, issuance and delivery of the Bonds, and stating that interest on the Bonds is (a) excluded from gross income for purposes of federal income taxes and (b) exempt from California personal income taxation. The Bond Opinion will be addressed to the City, and may also be addressed to the underwriter of the Bonds and other participants in the financing.  Assist the City, if needed, in presenting information to bond rating organizations and providers of credit enhancement relating to legal issues affecting the issuance of the Bonds.  Such other and further services as are normally performed by bond counsel about similar financings.  For a reasonable time following the closing of each series of Bonds, answer questions and provide requested guidance related to administration of the Bonds. Attorneys’ Bond Opinion will be delivered by Attorneys on the date the Bonds are exchanged for their purchase price (the "Closing"). The Bond Opinion will be based on facts and law existing as of its date, will cover certain matters not directly addressed by such authorities, and will represent Attorneys’ judgment as to the proper treatment of the Bonds for federal income tax purposes. Attorneys’ opinion is not binding on the Internal Revenue Service (“IRS”) or the courts. Attorneys cannot and will not give any opinion or assurance about the effect of future changes in the Internal Revenue Code of 1986 (the “Code”), the applicable regulations, the interpretation thereof or the enforcement thereof by the IRS. City acknowledges that future legislation, if enacted into 4.2.b Packet Pg. 32 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) the full current benefit of the tax status of such interest. The introduction or enactment of any such future legislation or clarification of the Code may also affect the market price for, or marketability of, the Bonds. Attorneys will express no opinion regarding any pending or proposed federal tax legislation. In rendering the Bond Opinion, Attorneys will rely upon the certified proceedings and other certifications of public officials and other persons furnished to Attorneys without undertaking to verify the same by independent investigation, and Attorneys will assume continuing compliance by the City with applicable laws relating to the Bonds. The scope of disclosure counsel services consists of the following:  Prepare the Official Statement (both preliminary and final) or other disclosure documents about the offering of the Bonds.  Confer and consult with the officers and administrative staff of the City, the owners and developers of land in the CFD and the City’s consultants about the issuance of the Bonds as to matters relevant to the City’s obligations about the Official Statement.  Participate in all meetings and telephone conferences of the City and any administrative meetings at which the Official Statement is to be discussed, as requested by the City and/or as determined by Attorneys for the proper exercise of their due diligence with respect to the Official Statement.  On behalf of the City, prepare the bond purchase contract, or review the bond purchase contract prepared by counsel to the underwriter, pursuant to which the Bonds will be sold to the underwriter.  On behalf of the City, prepare a continuing disclosure certificate of the City to assist the underwriter with complying with Securities and Exchange Commission Rule 15c2-12.  Subject to the completion of proceedings to the satisfaction of Attorneys, provide a letter of Attorneys addressed to the City and the underwriter that, although Attorneys are not passing upon and do not assume any responsibility for the accuracy, completeness or fairness of the statements contained in the Official Statement and make no representation that Attorneys have independently verified the accuracy, completeness or fairness of any such statements, no facts have come to Attorneys' attention that cause Attorneys to believe that the Official Statement (except for any financial and statistical data and forecasts, numbers, estimates, assumptions and expressions of opinion, and information concerning any Bond Insurance Policy and any Bond Insurer, and information concerning the Depository Trust Company and the book-entry system for the Bonds, contained or incorporated by reference in the Official Statement and the appendices to the Official Statement, which Attorneys will expressly exclude from the scope of this sentence) as of the date of the Official Statement of the date hereof contains any untrue statement of material fact or omits to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The City and Jones Hall expressly acknowledge that Jones Hall’s bond counsel services and disclosure counsel services shall note include the following, although Jones Hall may provide such services pursuant to a separate agreement:  Preparing requests for tax rulings from the Internal Revenue Service, or “no-action” letters from the Securities and Exchange Commission.  Preparing blue sky or investment surveys with respect to the Bonds.  Except as described above, drafting state constitutional or legislative amendments.  Pursuing test cases or other litigation, such as contested validation proceedings, or representing the City in any litigation or legal challenges with respect to the CFD.  Making an investigation or expressing any view as to the creditworthiness of the City or the Bonds.  After Closing, providing advice concerning any actions necessary to assure compliance with continuing disclosure obligations under Securities and Exchange Commission Rule 15c2-12.  Representing the City in Internal Revenue Service examinations, audits or inquiries, Securities and Exchange Commission investigations, or in any litigation involving the City or the proceedings relating to the Bonds. Attorneys can do so, however a separate engagement would be applicable. 4.2.b Packet Pg. 33 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l )  After Closing, unless specifically requested to do so by City, and agreed to by Attorneys, initiating continuing advice to the City or any other party concerning any actions that need to be taken regarding the Bonds; e.g., actions necessary to assure that interest paid on the Bonds will continue to be excludable from gross income for federal income tax purposes (e.g., our engagement does not include rebate calculations for the Bonds).  Reviewing or opining on the business terms of, validity, or federal tax consequences of any investment agreement that the City may choose as an investment vehicle for the proceeds of the Bonds, unless the City and Attorneys agree on the terms of such review and compensation for such review.  Undertaking past continuing disclosure compliance. In this regard, Attorneys may rely on a certificate of a consultant to the City who will be engaged to perform the necessary due diligence.  Reviewing or opining on the business terms of, validity, or federal tax consequences of any derivative financial products, such as an interest rate swap agreement, that the City may choose to enter about the issuance of the Bonds, unless the City and Attorneys agree on the terms of such review and compensation for such review. . 4.2.b Packet Pg. 34 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) EXHIBIT B COMPENSATION SCHEDULE Fee Schedule for Bond Counsel For the Bond issuance services performed by Attorneys, as described in Exhibit A, the City, on behalf of the CFD and only with CFD funds, will pay Attorneys a fee for the initial series of bonds for Improvement Area No. 1 a fee of $80,000. Compensation for later series of bonds for the Improvement Areas will be determined by mutual agreement prior to issuance of such later series. Payment of fees and expenses for each series of Bonds is entirely contingent on the successful issuance of that series of Bonds, will be due and payable upon the delivery of the Bonds and will be payable solely from the proceeds of the Bonds and from no other funds of the City. In addition, for each series of the Bonds, the City shall pay to Attorneys all direct out-of- pocket expenses for messenger and delivery service, photocopying, closing costs, legal publication expenses and other costs and expenses incurred by Attorneys about their services hereunder (but excluding travel within California), in an amount not to exceed $2,500 per each series of Bonds. Fee Schedule for Disclosure Counsel For the Disclosure Counsel services performed by Attorneys as describe in Exhibit A, the City, on behalf of the CFD, and only with CFD funds will pay Attorneys a fee for the initial series of bonds for Improvement Area No. 1 a fee of $40,000. Compensation for later series of bonds for the Improvement Areas will be determined by mutual agreement prior to issuance of such later series., Disclosure counsel fees are inclusive of any reimbursable expenses. Payment of Attorneys’ disclosure counsel fees for each series of Bonds is entirely contingent on the successful issuance of that series of Bonds, will be due and payable upon the delivery of the Bonds and will be payable solely from the proceeds of the Bonds and from no other funds of the City. Attorneys’ fee is not set by law but is negotiable between Attorneys and City. 4.2.b Packet Pg. 35 At t a c h m e n t : 2 . E x h i b i t A - C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h J o n e s H a l l ( 1 5 0 9 : A g r e e m e n t w i t h J o n e s H a l l ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendment to Consulting Services Agreement with Van Sickle & Rolleri LLC Prepared by: Tegan McLane, Cultural Arts and Heritage Manager EXECUTIVE SUMMARY: The City Council will consider amending the Consulting Services Agreement with Van Sickle & Rolleri LLC for the design, fabrication and installation of the Dublin Camp Parks Military History Center. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Consulting Services Agreement with Van Sickle & Rolleri LLC. FINANCIAL IMPACT: The proposed agreement amendment increases compensation to Van Sickle & Rolleri LLC by $7,742.02 for their procurement of additional signage and additional time spent on the project. This is a General Fund expense and can be absorbed in the current Operating Budget for Parks and Community Services. DESCRIPTION: On February 16, 2016, the City Council passed Resolution No. 21-16 approving a Consulting Services Agreement with Van Sickle & Rolleri LLC for the Dublin Camp Parks Military History Center Exhibit Design, Build and Installation, and approved a budget change authorizing payment of $300,000 from the General Fund. The Consulting Services Agreement had an original expiration date of December 31, 2016, and called for museum exhibits to be installed by November 1, 2016. However, there were certain delays that added to the timeframe necessary to construct the improvements which resulted in additional expenses and time on the Van Sickle & Rolleri LLC contract. 4.3 Packet Pg. 36 Page 2 of 2 Additionally, in April, Staff requested to have Van Sickle & Rolleri LLC design and fabricate an exterior sign after learning that PRFTA wa s unable to create a sign for the facility. The sign, which was outside of the scope of the original agreement, cost $3,884.60 for design, fabrication and labor. The cost is included in this Amendment. Staff is requesting that City Council extend the Consulting Services Agreement term of service, scope and compensation for work already performed in good faith. ATTACHMENTS: 1. Resolution Approving an Amendment to the Consulting Services Agreement with Van Sickle & Rolleri LLC 2. Exhibit A to the Resolution - Amendment to the Consulting Services Agreement with Van Sickle & Rolleri LLC 3. Original Agreement with Van Sickle & Rolleri LLC 4.3 Packet Pg. 37 ATTACHMENT 1 - 1 - RESOLUTION NO. – 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AN AMENDMENT TO THE AGREEMENT WITH VAN SICKLE & ROLLERI LLC FOR DUBLIN CAMP PARKS MILITARY HISTORY CENTER WHEREAS, on February 16, 2016, the City of Dublin (“CITY”) and Van Sickle & Rolleri LLC (“Consultant”) entered into a Consulting Services Agreement (“Agreement”) for interpretive planning, design, fabrication and installation of exhibits at Dublin Camp Parks Military History Center; and WHEREAS, completion of Museum Design and Installation was originally scheduled for completion on November 16, 2016; and WHEREAS, various delays extended the original schedule and resulted in additional expenses to Van Sickle & Rolleri LLC; and WHEREAS, Van Sickle & Rolleri completed out of scope work in good faith at the City’s request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the Amendment to the Agreement with Van Sickle & Rolleri LLC, attached hereto as Exhibit A and authorizes the City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED this 18th day of July 2017. AYES: NOES: ABSENT: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.3.a Packet Pg. 38 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a n A m e n d m e n t t o t h e C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND VAN SICKLE & ROLLERI LLC WHEREAS, on February 16, 2016, the City of Dublin (“CITY”) and Van Sickle & Rolleri LLC (“Consultant”) entered into a Consulting Services Agreement (“Agreement”) for interpretive planning, design, fabrication and installation of exhibits at Dublin Camp Parks Military History Center; and WHEREAS, completion of Museum Design and Installation was originally scheduled for completion on November 16, 2016; and WHEREAS, installation was dependent upon a third party, Parks Reserve Forces Training Area, completing tenant improvements to the facility in September 2016; and WHEREAS, Parks Reserve Forces Training Area was delayed approximately six months in completing tenant improvements; and WHEREAS, both parties now desire to amend the Term of Service to reflect the delay. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agreement is amended as follows: 1. Section 1.1 Term of Services shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on July 30, 2017, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 2. Section 2 Compensation shall be rescinded in its entirety and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $307,742.02, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate serv ices performed by more than one person. 4.3.b Packet Pg. 39 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t t o t h e C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3. The following language shall be added to Exhibit A, Scope of Services: In addition to design, fabrication and installation of Museum Exhibits, Consultant shall design, fabricate and install weather resistant exterior signage to promote the exhibit and complement existing Camp Parks’ signage. 4. Except to the extent inconsistent with this First Amendment, City and Consultant ratify and confirm all of the terms and conditions of the Agreement. 5. All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. CITY OF DUBLIN CONSULTANT ______________________________ ______________________________ Christopher L. Foss, City Manager Dennis Van Sickle, Principal Attest: ______________________________ Caroline P. Soto, City Clerk Approved as to Form: ______________________________ John Bakker, City Attorney 2813270.1 2823077.1 4.3.b Packet Pg. 40 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t t o t h e C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND VAN SICKLE& ROLLER!, LLC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Van Sickle& Rolleri, LLC. ("Consultant") as of February 16, 2016. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City interpretive planning, design, fabrication and installation of interpretive exhibits at the Dublin Camp Parks Military History Center (the "Museum Exhibits") more specifically described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2016 and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant will commence Museum Exhibit design within seven (7) days following the approval of this Consulting Agreement and shall complete all Museum Exhibit design and installation by November 1, 2016. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. 1.5 Acceptance of Work and Ownership. Upon notice of completion of design and installation of Museum Exhibits, delivery of As-Built Drawings, Functional Practical Lighting, Final Drawing Package, Final Graphic Specifications, Final Sample Board, ver.2015) Consulting Services Agreement between February 16, 2016 City of Dublin and Van Sickle & Rolleri LLC. Page 1 of 15 4.3.c Packet Pg. 41 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) Maintenance Manual and completion of docent training, the City shall examine the Museum Exhibits without delay. The Museum Exhibits shall be durable, taking into consideration that the installation site is an unmonitored public space. If the Museum Exhibits are found to be in accordance with said plans and specifications and this Agreement, City shall recommend acceptance of the work to the City Council, and, upon such acceptance, shall notify the Commander of Camp Parks Reserve Forces Training Area—United States Army of such acceptance. City shall only accept the Improvements at 100% completion. After work is formally accepted by the City, the City shall own the Museum Exhibits, and assumes responsibility for their maintenance as set forth in Section 1.9. The City intends to display the Museum Exhibits as originally created by Consultant in and to maintain the Museum Exhibits in good condition. City, however, shall preserve complete flexibility to operate and manage City property in the public's interest. Therefore, City retains the absolute right to alter the Museum Exhibits in City's sole judgment. For example, City may alter the Museum Exhibits to eliminate hazard, to comply with the ADA, to otherwise aid City in the management of its property and affairs, or through neglect or accident. If, during or after the term of this Agreement, City finds the Site to be inappropriate, City has the right to install the Museum Exhibits at an alternate location that City chooses in its sole discretion. 1.6 Inspection of Work. The Consultant shall guarantee free access to City for the safe and convenient inspection of the work throughout its fabrication and installation. Consultant shall submit any plan changes before and during design installation to the City Manager's designated representative for approval. 1.7 Warranties. The Consultant shall guarantee his/her work to be free from faults of material and workmanship for a period of one (1) year after installation and final acceptance by the City. The Consultant shall deliver the Museum Exhibits to the City free and clear of any liens from any source whatsoever. The foregoing guarantees shall apply only to the work that is entirely that of the Consultants or persons responsible to the Consultant, as installed, and shall not apply to materials or workmanship of projects in which the Work of the Consultant is integrated or combined, or to materials purchased, acquired, or installed by a person or entity not responsible to the Consultant. Consultant represents and warrants that the Work will not pose a danger to public health or safety in view of the possibility of misuse, if such misuse is in a manner that was reasonably foreseeable at any time during the term of this Agreement. Consultant represents and warrants that occasional or minimal cleaning and repair of the Museum Exhibits and any associated working parts and/or equipment will maintain the Work within an acceptable standard of public display; foreseeable exposure to general wear and tear will cause the Museum Exhibits to experience only minor repairable damages and will not cause the Museum Exhibits to fall below an acceptable standard of public display. With general routine cleaning and repair, and within the context of foreseeable exposure to general wear and tear, the Work will not experience irreparable conditions that do not fall within an ver.2015) Consulting Services Agreement between February 16, 2016 City of Dublin and Van Sickle & Rolleri LLC. Page 2 of 15 4.3.c Packet Pg. 42 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) acceptable standard of public display. To the extent the Museum Exhibits incorporates products covered by a manufacturer's warranty, Consultant shall provide copies of such warranties to City. 1.8 Design Defect. If, in the opinion of the City, a design defect in the work of Museum Exhibits becomes apparent during the course of work, or within one (1) year following acceptance by the City of the Museum Exhibits, and the design defect, in the opinion of the City, may substantially impair the public health and safety, Consultant shall, upon written notice by the City, correct said design defect at his sole cost and expense 1.9 Maintenance of Museum Exhibits. Unless specifically provided in this Agreement, City will assume responsibility for maintenance of the Museum Exhibits. Prior to acceptance of the work, Consultant shall provide City with a General Maintenance Plan for the Museum Exhibits, with a detailed description of future anticipated maintenance requirements; a recommended maintenance schedule; anticipated and required care and/or replacement/upgrade of any part of the Museum Exhibits and associated moving parts or equipment including any staff time involved in displaying or operating artwork and the frequency of such staff involvement; and written instructions and manufacturer's specifications for reasonably foreseeable maintenance and preservation activities relating to the Museum Exhibits. Consultant shall ensure that all maintenance requirements will be reasonable in terms of time and expense. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed 300,000.00, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation,the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle &Rolleri LLC. Page 3 of 15 4.3.c Packet Pg. 43 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) 2.2 Monthly Payment. City shall make monthly payments, based on invoices received as set forth in the compensation scheduled attached hereto as Exhibit B, for services satisfactorily performed, and authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra,further, or additional service pursuant to this Agreement. 2.4 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed ($20,000.00). Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. The only reimbursable expenses for this agreement are: airfare, ground transportation and lodging, related to site meetings called by the City. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 4 of 15 4.3.c Packet Pg. 44 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty(30) days' prior written notice to City of such cancellation, change, or lapse. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 5 of 15 4.3.c Packet Pg. 45 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 ("any auto"). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a.City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c.An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended,voided or reduced in coverage or in limits. ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 6 of 15 4.3.c Packet Pg. 46 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled 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. 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b.Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work,so long as commercially available at reasonable rates. c.If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 7 of 15 4.3.c Packet Pg. 47 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention provision and/or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 8 of 15 4.3.c Packet Pg. 48 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. Consultant's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by,the insurance obligations contained in this Agreement. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 9 of 15 4.3.c Packet Pg. 49 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 10 of 15 4.3.c Packet Pg. 50 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal,without prior written approval of the Contract Administrator. ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 11 of 15 4.3.c Packet Pg. 51 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to,the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law,from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle& Rolleri LLC. Page 12 of 15 4.3.c Packet Pg. 52 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 13 of 15 4.3.c Packet Pg. 53 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable,will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Dennis E.Van Sickle, Principal Van Sickle&Rolleri LLC. 29 Western Avenue, Suite 1 Kennebunk, ME 04043 207)204-0584 dvansickle @vsrltd.com Any written notice to City shall be sent to: Christopher L. Foss, City Manager City of Dublin 100 Civic Drive Dublin, CA 94568 ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 14 of 15 4.3.c Packet Pg. 54 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A and the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY e DUBLIN CONSULTANT it ristopher L. Foss, Dennis E.Van Sickle City Manager Principal Van Sickle & Rolleri, LLC. Attest: Caroline P. Soto, City Clerk Approved as to Form: Johnlakker, City Attorney ver.2015) Consulting Services Agreement between February 16,2016 City of Dublin and Van Sickle & Rolleri LLC. Page 15 of 15 4.3.c Packet Pg. 55 At t a c h m e n t : 3 . O r i g i n a l A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ( 1 5 1 3 : A m e n d m e n t t o C o n s u l t i n g A g r e e m e n t w i t h V a n S i c k l e & R o l l e r i L L C ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Second Reading of Ordinance - Levying a Special Tax Within and Relating to Community Facilities District No. 2017-1 (Dublin Crossing - Public Services) Prepared by: Andrew Russell, Asst PW Dir/City Engineer and Lauren Quint, Asst City Attorney EXECUTIVE SUMMARY: The City Council will consider adopting an Ordinance levying special taxes within Community Facilities District No. 2017-1 (Dublin Crossing – Public Services). The special taxes will fund the maintenance of public street lighting and public landscaping within the Boulevard development project. STAFF RECOMMENDATION: Waive the second reading and adopt the Ordinance Levying Special Taxes within Community Facilities District No. 2017-1 (Dublin Crossing – Public Services). FINANCIAL IMPACT: The adoption of the ordinance has no direct fiscal impact on the City. The special tax will be levied on parcels of real property on the secured property tax roll of Alameda County that are within the boundaries of Community Facilities District No. 2017 -1 (Dublin Crossing – Public Services) (“CFD No. 2017-1). The special taxes collected within CFD No. 2017-1 will be used for the maintenance of public street lights, public landscaping, and for administration of CFD No. 2017-1. DESCRIPTION: On June 20, 2017, the City Council held a Public Hearing and took the following actions forming City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public Services: 1. Adopted a Resolution Forming and Establishing City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public Services) 4.4 Packet Pg. 56 Page 2 of 2 2. Adopted a Resolution Calling a Special Mailed-Ballot Election of the Proposition of Levying Taxes within Community Facilities District No. 2017 -1 (Dublin Crossing – Public Services). 3. Adopted a Resolution Declaring the Results of the Special Mailed -Ballot Election for Community Facilities District No. 2017-1 (Dublin Crossing – Public Services). 4. Waived the Reading and Introduced the Ordinance Levying Special Taxes Within Community Facilities District No. 2017-1 (Dublin Crossing – Public Services). The City Council will now consider adopting the Ordinance Levying Special Taxes within CFD CFD No. 2017-1. If adopted, the Ordinance will be published in the newspaper. The adopted Ordinance will take effect thirty days after adoption. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Publication of the Ordinance in the newspaper will occur within fifteen (15) days of the adoption of the Ordinance. ATTACHMENTS: 1. Ordinance Levying Special Taxes Within Community Facilities District No. 2017-1 (Dublin Crossing – Public Services) 4.4 Packet Pg. 57 ATTACHMENT 1 ORDINANCE NO. xx – 17 AN ORDINANCE OF THE CITY OF DUBLIN LEVYING A SPECIAL TAX WITHIN AND RELATING TO THE CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2017-1 (DUBLIN CROSSING – PUBLIC SERVICES) * * * * * * * * * * * * * * WHEREAS, by legal proceedings taken by the City Council (the “City Council”) of the City of Dublin (the “City”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter in this ordinance, the “Act”), together with the voter approval received at a special election held on June 20, 2017, the City Council has been authorized to levy a special tax (the “Special Tax”) upon all nonexempt property within the City of Dublin Community Facilities District No. 2017 -1 (Dublin Crossing – Public Services) (“CFD No. 2017-1”); and WHEREAS, as set forth in the resolution entitled, “Resolution of Formation of a Community Facilities District; Conditional Authorization to Levy a Special Tax; and Conditional Establishment of an Initial Appropriations Limit for CFD No. 2017-1 (the “Resolution of Formation”), the Special Tax is to be levied on the nonexempt property within CFD No. 2017 -1 in accordance with the applicable rate and method of apportionment of special tax (the “RMA”) attached to the Resolution of Formation as Exhibit B. WHEREAS, having received voter approval at the June 20 special election, the City Council now wishes by this ordinance to levy the special tax in accordance with the Resolution of Formation and the Act; NOW, THEREFORE, the City Council of the City of Dublin hereby ordains as follows: SECTION 1: LEVY OF SPECIAL TAX Pursuant to Sections 53328 and 53340 of the Act, and in accordance with the applicable RMA, as recited above, the Special Tax is hereby levied on all nonexempt parcels within CFD No. 2017-1. SECTION 2: LEVY OF SPECIAL TAX Without limiting the generality of the foregoing Section 1, the Special Tax shall be levied on the nonexempt parcels within CFD Np. 2017-1 in accordance with the terms and conditions of the RMA. The first Fiscal Year for which the Special Tax shall be levied shall be 2017 -18 or such subsequent Fiscal Year as may be determined in accordance with the RMA. SECTION 3: ANNUAL DETERMINATION OF SPECIAL TAX AMOUNTS The officer of the City designated as the “Administrator” (as said term is defined in the RMA), with the aid of the appropriate officers, agents and consultants of the City, is authorized and directed to determine each Fiscal Year, without further action by the City Co uncil, the amount of the Special Tax on each nonexempt parcel in accordance with the RMA applicable to each such nonexempt parcel and to provide all necessary and appropriate information to the Alameda 4.4.a Packet Pg. 58 At t a c h m e n t : 1 . O r d i n a n c e L e v y i n g S p e c i a l T a x e s W i t h i n C o m m u n i t y F a c i l i t i e s D i s t r i c t N o . 2 0 1 7 - 1 ( D u b l i n C r o s s i n g – P u b l i c S e r v i c e s ) ( 1 5 1 8 : ATTACHMENT 1 County Auditor in proper form and in the proper time to effect the correct and timely billing and collection of the Special Tax in the same manner and at the same time as ordinary ad valorem property taxes levied by Alameda County (the “County”) on each nonexempt parcel; provided that, as provided in the Resolution of Formation and Section 53340 of the Act, the City reserves the right to utilize any method of collecting the Special Tax which it shall, from time to time, determine to be in the best interests of the City, including but not limited to direct bill ing by the City to the property owners and supplemental billing. SECTION 4: ADJUSTMENTS TO CORRECT COMPUTATIONAL ERRORS AUTHORIZED The Administrator, with the aid of the appropriate officers, agents and consultants of the City, are authorized to make adjustments to the amount of the Special Tax for any nonexempt parcel prior to the final posting of the annual Special Tax to the secured property tax roll of the County each Fiscal Year, as may be necessary to correct any computational error which has been timely discovered or to achieve a correct match between the Special Tax amount being levied and the assessor’s parcel number finally utilized by the County in sending out property tax bills. SECTION 5: SEVERABILITY If for any cause any portion of this Ordinance is found inapplicable to a particular parcel by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels, shall not be affected. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 6: EFFECTIVE DATE AND POSTING OF ORDINANCE This ordinance shall take effect thirty (30) days after its adoption. Within fifteen (15) days of its adoption, this ordinance shall be published at least once in a newspaper of general circulation published and circulated in the City of Dublin. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 18th day of July, 2017, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: 4.4.a Packet Pg. 59 At t a c h m e n t : 1 . O r d i n a n c e L e v y i n g S p e c i a l T a x e s W i t h i n C o m m u n i t y F a c i l i t i e s D i s t r i c t N o . 2 0 1 7 - 1 ( D u b l i n C r o s s i n g – P u b l i c S e r v i c e s ) ( 1 5 1 8 : ATTACHMENT 1 ___________________________________ City Clerk 4.4.a Packet Pg. 60 At t a c h m e n t : 1 . O r d i n a n c e L e v y i n g S p e c i a l T a x e s W i t h i n C o m m u n i t y F a c i l i t i e s D i s t r i c t N o . 2 0 1 7 - 1 ( D u b l i n C r o s s i n g – P u b l i c S e r v i c e s ) ( 1 5 1 8 : Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: National Night Out Proclamation Prepared by: Chris Shepard, Sergeant EXECUTIVE SUMMARY: The City Council will proclaim Tuesday, August 1, 2017 as National Night Out. Sponsored by the National Association of Town Watch, the annual National Night Out campaign began in 1984 as an effort to promote involvement in crime prevention activities, police-community partnerships, neighborhood camaraderie and building safer communities. STAFF RECOMMENDATION: Present the proclamation. FINANCIAL IMPACT: None. DESCRIPTION: On August 7, 1984, the concept of National Night Out, "America's Night out Against Crime," began to promote involvement in crime prevention activities, police -community partnerships, neighborhood camaraderie and to send a message to criminals letting them know that neighborhoods are organized and fighting back. In 1992, the City of Dublin joined in the celebration of National Night Out. The Dublin community participates in the traditional "lights on" campaign where front porch lights are left on as a symbol to criminals that the community is vigilant and watching out for each other. Each year, a growing number of residents come together as a community on National Night Out to promote awareness and celebrate with activities including, but not limited to, block parties, visits from elected officials, city staff, and public safety in effort to heighten awareness and enhance community relations. On Tuesday, August 1, 2017, the City is asking as many residents as possible to 4.5 Packet Pg. 61 Page 2 of 2 celebrate National Night Out with their neighbors. The goal is to remind everyone that the Dublin community can work together to fight crime and help make all neighborhoods a safer place year round. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. National Night Out Proclamation 2017 4.5 Packet Pg. 62 A PROCLAMATION OF THE CITY COUNCIL CITY OF D U B L I N, C A L I F O R N I A WHEREAS, the National Association of Town Watch (NATW )is sponsoring a unique, nationwide crime, drug and violence prevention program on August 1, 2017 called “National Night Out”; and WHEREAS, the “34th Annual National Night Out” provides a unique opportunity for the City of Dublin to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the Neighborhood Watch and Business Alert programs play a vital role in assisting Dublin Police Services through joint crime, drug and violence prevention efforts in the City of Dublin and are supporting “NATIONAL NIGHT OUT 2017” locally; and WHEREAS, it is essential that all citizens of the City of Dublin be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs, and violence in the City of Dublin; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the “NATIONAL NIGHT OUT” program; and NOW, THEREFORE we, the Dublin City Council, do hereby call upon all citizens of the City of Dublin to join Dublin Police Services, the National Association of Town Watch in supporting the “34th Annual National Night Out” on August 1, 2017. FURTHER, LET IT BE RESOLVED that we, the Dublin City Council, do hereby proclaim Tuesday, August 1, 2017 as “NATIONAL NIGHT OUT” in the City of Dublin. DATED: _______________________ _________________________ Mayor David Haubert Vice Mayor Don Biddle ________________________ ___________________________ __________________________ Councilmember Abe Gupta Councilmember Arun Goel Councilmember Melissa Hernandez 4.5.a Packet Pg. 63 At t a c h m e n t : 1 . N a t i o n a l N i g h t O u t P r o c l a m a t i o n 2 0 1 7 ( 1 5 2 1 : N a t i o n a l N i g h t O u t P r o c l a m a t i o n ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement with Royston Hanamoto Alley & Abey (RHAA) to Prepare a Downtown Dublin Streetscape Plan Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY: The City Council will consider authorizing the City Manager to execute a Consulting Services Agreement with Royston Hanamoto Alley & Abey (RHAA), a landscape architecture and planning consulting firm, to prepare a Streetscape Plan for Downtown Dublin (Downtown Dublin Streetscape Plan). STAFF RECOMMENDATION: Adopt a Resolution Approving a Consulting Services Agreement with Royston Hanamoto Alley & Abey to prepare a Downtown Dublin Streetscape Plan. FINANCIAL IMPACT: All costs associated with the preparation of the Downtown Dublin Streetscape Plan and the contract, if authorized by the City Council, would be funded by the Downtown Public Improvements Reserve Fund. The cost for RHAA to prepare the Downtown Dublin Streetscape Plan is $115,853. Staff also recommends including a 20 percent contingency for a total of $139,024, at the discretion of the City Manager, should additional funds be necessary to complete the Plan. The cost estimates are detailed in the Scope of Work included as Exhibit A of Attachment 1. The Reserve has sufficient funds, $452,170, to cover this expense. A budget change will be necessary to appropriate the reserve to the Community Development Operating Budget. DESCRIPTION: Background In 2005, the City adopted the City of Dublin 4.6 Packet Pg. 64 Page 2 of 3 Streetscape Master Plan (SMP) to guide the continuation of good streetscape design in the public right of way throughout the City, including the Downtown. The SMP created a city-wide inventory of the existing streetscape elements such as benches, trees, bus shelters, trash receptacles and signage and made recommendations on features that should be continued, added and phased out as development occurs. In 2011, the City adopted the Downtown Dublin Specific Plan (DDSP) to guide and encourage reinvestment in the Downtown and create a vibrant and dynamic commercial and mixed‐use center. The DDSP area is located in the western area of Dublin and is 284 acres in size. It is bisected by I-680 which creates the framework for the Plan’s three districts: Retail District, Transit-Oriented District and Village Parkway District as shown in Figure 1. The DDSP provides development standards and design guidelines for the development of private property. In addition, Chapter 5 establishes the circulation and infrastructure improvements on both private and public property required to lead the way for private development. The DDSP outlines the extension of Saint Patrick Way, improvement of east-west pedestrian pathways on private property in the Retail District which should also connect to the Transit-Oriented District, and creating of private outdoor spaces, street trees. As part of the DDSP, a Community Benefit Program was established to ensure that developers provide a benefit to the Downtown in exchange for receiving a higher density or units on their property. The Plan provides examples of appropriate community benefits that might be provided by developer, which include infrastructure improvements such as enhanced landscaping, pedestrian connections, parks, public plazas, gathering spaces, etc. To date, discussions around public improvements with prospective projects/developers have been ad-hoc in nature. Staff believes that it would be beneficial as part of these negotiations to rely on an adopted streetscape plan to guide the negotiations about the types of physical improvements that are important to the City Council and the community. The proposed Downtown Dublin Streetscape Plan will focus on the Downtown area and will guide future public and private investment and would serve as a list of projects that could be used as part of the Community Benefit Program , as well as future City projects. In early 2017, the City issued a Request for Qualifications (RFQ) to solicit proposals from landscape architecture and planning firms to support the City’s efforts in preparation of a streetscape plan for the Downtown. Through a competitive process, the City interviewed the top two firms and is recommending RHAA. With the direction of the City and input of the community, RHAA will help create a streetscape plan that implements the community’s vision as set forth in the DDSP and builds off of recent streetscape improvements on Golden Gate Drive. The Plan will help to strengthen the identity of the Downtown through a unified streetscape and through a branding/identity program. The Plan will also include 2-3 conceptual design alternatives for Village Parkway and 1 - 2 conceptual designs for Regional Street to improve circulation for all modes of transportation and may include: 4.6 Packet Pg. 65 Page 3 of 3 1. Reducing the number of travel lanes without causing impacts to emergency services; 2. Widening the sidewalk throughout the improvement area; 3. Introducing mid-block pedestrian crossings; and/or 4. Modifying the on-street parking. RHAA prepare a scope of work in consultation with Staff. An overview of the tasks in the Scope of Work (Exhibit A of Attachment 1) is as follows:  Inventory, Assessment, and Opportunities - Document existing conditions o Development of a Concept Plan and Alternatives  Two Community Meetings  Existing Conditions + Opportunities  Concept Plan + Alternatives  Development of a Draft Plan  City Council Meeting - present Preferred Alternatives and Draft Plan o Planning Commission Meeting - present Final Plan for recommendation  City Council Meeting - present Final Plan for adoption The development of the Downtown Dublin Streetscape Plan is expec ted to take approximately 12 months. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Resolution Approving a Consulting Services Agreement with Royston Hanamoto Allen & Abey (RHAA) to Prepare a Streetscape Plan for the Downtown 2. Exhibit A to the Resolution - Agreement with Royston, Hanamoto, Allen & Abey 3. Budget Change Form 4.6 Packet Pg. 66 RESOLUTION NO. xx-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * APPROVING A CONSULTING SERVICES AGREEMENT WITH ROYSTON HANAMOTO ALLEY & ABEY (RHAA) TO PREPARE A STREETSCAPE PLAN FOR THE DOWNTOWN WHEREAS, In February 2017, the City issued a Request for Qualifications (RFQ) to solicit proposals from landscape architecture and planning firms to support the City’s efforts in preparation of a streetscape plan for the Downtown; and WHEREAS, RHAA submitted their qualifications to prepare a streetscape plan for the downtown and through a competitive process, the City interviewed the to p two firms and selected RHAA; and WHEREAS, RHAA prepared a detailed scope of work and fee proposal for the proposed project; and WHEREAS, RHAA has shown that they have the ability to perform the consulting services required; and WHEREAS, RHAA will perform the work outlined in the Scope of Work and Fee Proposals once the contract is executed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Consulting Services Agreement with Royston Hanamoto Allen & Abey (RHAA) to prepare a Streetscape Plan for the Downtown and authorize the City Manager to execute the Agreement, as attached as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to modify the Agreement amount up to 20 percent, or up to a new Agreement amount not to exceed $139,024, should such changes be necessary. PASSED, APPROVED AND ADOPTED this 18th day of July, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ Mayor 4.6.a Packet Pg. 67 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h R o y s t o n H a n a m o t o A l l e n & A b e y ( R H A A ) t o P r e p a r e a S t r e e t s c a p e ATTEST: City Clerk 4.6.a Packet Pg. 68 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h R o y s t o n H a n a m o t o A l l e n & A b e y ( R H A A ) t o P r e p a r e a S t r e e t s c a p e CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ROYSTON HANAMOTO ALLEY & ABEY (RHAA) This Agreement is made and entered into between the City of Dublin ("City") and Royston Hanamoto Alley & Abey (RHAA) (“Consultant”) as of July 18, 2017 (the “Effective Date”). In consideration of their mutual covenants, the parties hereto agree as follows: Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2018, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in conformance with standards of quality normally observed by a person practicing in Consultant's profession, for similar services, under similar circumstance, in the same locality and at the same time services are provided. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant for services outlined in Exhibit A (Consultant’s proposal). City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 4.6.b Packet Pg. 69 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A brief description of the work, and each reimbursable expense;  A Task Summary by project containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed in accordance with this agreement, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Reserved 2.5 Reimbursable Expenses. Reimbursable expenses, if any, shall be as set forth in Consultant’s project specific scope and budget (Consultant’s proposal). Expenses not listed in Consultant’s proposal are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work rendered in conformance with this agreement as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. 4.6.b Packet Pg. 70 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, employees, agents, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.6.b Packet Pg. 71 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, employees, agents, and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals 4.6.b Packet Pg. 72 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled 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. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims- made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. 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 City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General 4.6.b Packet Pg. 73 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention provision and/or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;  Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when ( 1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and ( 2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to 4.6.b Packet Pg. 74 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment” Consultant/Subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. 4.6.b Packet Pg. 75 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other 4.6.b Packet Pg. 76 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 4.6.b Packet Pg. 77 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. 4.6.b Packet Pg. 78 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Any written notice to City shall be sent to: The City of Dublin Amy Million, Principal Planner 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including Exhibit A represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on the day of , 2017. CITY OF DUBLIN CONSULTANT ____________________________ ______________________________ Christopher L. Foss, City Manager Royston Hanamoto Alley & Abey Attest: ____________________________ Caroline Soto, City Clerk Approved as to Form: ____________________________ John Bakker, City Attorney 4.6.b Packet Pg. 79 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) EXHIBIT A SCOPE OF SERVICES 4.6.b Packet Pg. 80 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) FEE SUMMARY $2,530 $15,810 $18,185 $9,555 $24,945 $71,025 1 $25,200 2 $15,225 Subtotal RHAA Sub-consultant Labor $40,425 $1,421 $200 $761 $2,021 $115,853 $205$175$125 1.1Refine scope and schedule 22 1.2 22 Hours440 1.3 222 222 662 $1,230$1,050$250 $2,530 $2,530 Task 1 Deliverables 1.Scope, Schedule and Fee PM John Martin Assistant Lindsey Yuen Task 1 - Project Start-up (May 1, 2017 -July, 17 2017) Downtown Dublin Streetscape Plan Total Hours Develop public involvement scope and schedule Subtotal RHAA Labor Total Labor + Reimbursables June 30, 2017 RHAA Landscape/Urban Urban Di Estimated RHAA reimbursable expenses (2%) Sub-consultant mark-up (5%) Task 1 - Project Start-up (May 1, 2017 -July, 17 2017) Task 2 - Inventory, Assessment, and Opportunities (July 18, 2017 - August 31, 2017) Fees Total Task 1 Task 3 - Concept Plan + Alternatives (September 1, 2017 - October 16, 2017) Principal Nathan Lozier City of Dublin Task 4 - Preferred Alternative and Draft Plan (October 17, 2017 - Nov. 17, 2017) Task 1 - Firm Labor Total Task 5 - Final Downtown Streetscape Plan (November 20, 2017 - January 31, 2018) RHAA Sub-consultant labor BKF Engineers Fehr & Peers Task 1 Meetings Meetings Kick off meeting with City Staff -1 BKF reimbursable expenses Fehr & Peers reimbursable expenses 1 of 5 1 of 9 4.6.b Packet Pg. 81 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) 2.1 222 2.2Site walk evaluation 222 2.3Document existing conditions and prepare Base Maps 1216 a.Planning areas, land uses, key destinations b.Street geometry (incl. allocation of street space) and utilities c.Circulation, traffic conditions and safety d.Signage and wayfinding - typical appearance and location e.Public spaces and "street life" f.Trees, planting, and "green infrastructure" g.Inventory of existing street furnishings and materials h.Existing public art 2.4 114 a.Public spaces and "street life" opportunities b.Trees, planting, and "green infrastructure" opportunities c.Pedestrians and bicycles, circulation and traffic safety opportunities d.Identity, art, and wayfinding opportunities e.Utility constraints f.Street geometry constraints 2.5 1210 2.6 126 2.7 a.Review Community Meeting program with City Staff and revise as needed 113 b.Prepare Meeting notes 1 2.8Project management and team coordination 12 101444 2.9 222 2.10Meetings with City Staff (web conference) (2)222 2.11 222 2.12STAKEHOLDER MEETING: Meet with stakeholders in back-to-back meetings 22 2.13 444 121210 222654 $4,510$4,550$6,750 $15,810 Total Task 2$15,810 Task 2 Deliverables 1.Existing Conditions / Base Map Plan Board 2.Existing Street Sections Board 3.Existing Photos Board 4.Overall Opportunities and Constraints Plan Board 5.Street Typologies and Precedents Board 6.Meeting materials and notes Task 2 - Firm Labor Total Meetings with City Staff (in Dublin) (1) Internal design team meetings (2) COMMUNITY MEETING #1 - Existing Conditions + Opportunities Prepare Overall Opportunities and Constraints Plan Total Hours Task 2 Meetings Review relevant existing City policies, plans, and maintenance practices Task 2 - Inventory, Assessment, and Opportunities (July 18, 2017 - August 31, 2017) Meetings Hours Fees Community Meeting #1 preparation and follow up Street typologies and precedent studies Opportunities and themes for art, signage, and "brand" 2 of 5 2 of 9 4.6.b Packet Pg. 82 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) 3.1 126 a.Planting concept and palette b. Furnishings palette c.Materials and details 3.2 124 3.3 126 3.4 226 3.5 2212 3.6 2212 3.7 2212 a.Review Community Meeting program with City Staff and revise as needed 124 b. Prepare Meeting notes 1 121663 3.8 222 3.9Meetings with City Staff (webconference) (2)222 3.10 222 3.11 444 101010 222673 $4,510$4,550$9,125 $18,185 Total Task 3$18,185 Task 3 Deliverables 1.Framework Plan, Planting, Furnishing, Materials+Details, Infrastructure, Signage + Wayfinding, Art Opportunities 2.Village Parkway Boards (2-3) 3.Regional Street Boards (1-2) 4.Meeting materials and notes Fees Develop overall signage, wayfinding, and identity plan, themes, and precedents Task 3 Meetings Total Hours Task 2 - Firm Labor Total Meetings with City Staff (in Dublin) (1) COMMUNITY MEETING #2 - Presentation and Feedback on Concept Plan + Alternatives Internal design team meetings (2) Hours Community Meeting #2 preparation and follow up Task 3 - Concept Plan + Alternatives (September 1, 2017 - October 16, 2017) Develop overall public art opportunities plan, themes, and precedents Develop (2-3) concept alternatives for Village Parkway (plan, section, precedent images) Develop (1-2) concept alternatives for Regional Street (plan, section, precedent images) Develop overall streetscape framework plan (street typologies + plaza opportunities) Develop overall green infrastructure plan options Meetings 3 of 5 3 of 9 4.6.b Packet Pg. 83 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) Task 4 - Preferred Alternative and Draft Plan (October 17, 2017 - Nov. 17, 2017) 4.1Based on staff feedback, develop the preferred alternative 1216 a.Prepare study enlargements of specific areas b.Prepare support graphics (precedents, sections) c.Create palette of planting, materials, furnishings d.Plaza plan graphic, precedents, narrative of programs and features 4.2Public Arts Plan (graphic)114 a.Opportunities and themes 4.3Prepare for Council Meeting a.Update graphics to align with Preferred Alternative 124 b.Review Council agenda with City Staff and revise as needed 124 c.Prepare Meeting notes 1 4.4a.Prepare outline of Downtown Dublin Streetscape Plan 2 4929 4.5Meetings with City Staff (web conference) (2)222 4.6 111 4.7 444 777 111636 $2,255$2,800$4,500 $9,555 $9,555 Task 4 Deliverables 1.Preferred alternative plan and related graphics 2.Public Arts Plan (graphic) 3.Meeting materials and notes Internal design team meetings (1) MEETING #3 - Presentation Preferred Alternative to City Council Hours Task 4 Meetings Fees Task 4 - Firm Labor Total Meetings Total Hours Total Task 3 4 of 5 4 of 9 4.6.b Packet Pg. 84 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) Task 5 - Final Downtown Streetscape Plan (November 20, 2017 - January 31, 2018)2018 Rates $215$185$135 5.1 a.Introduction, Context, and Purpose 124 b.Vision and Goals 122 c.Existing Conditions 124 d.Outreach 124 e.Preferred Plan (Overall, Village Parkway, Regional Street)1210 f.Mobility (Pedestrian, Bike, Transit, Vehicular)128 g.Public spaces and "street life" (plazas) 128 h.Identity, character, wayfinding (signage, gateways)128 i.Materiality (Paving, Lighting, Planting, Furnishings) 124 j.Public Artwork (Temporary, Permanent, Utility boxes)124 k."Green Infrastructure" and utilities (Stormwater management, utilities)124 l.Strategies, priorities and action items 114 m.Funding opportunities 116 5.2Based on staff feedback, revise Document and prepare final Document 2424 5.3 124 5.4 124 1732102 5.5 222 5.6 222 5.7 222 5.8 22 5.9 22 440 2136102 $4,515$6,660$13,770 $24,945 $24,945 Task 5 Deliverables 1.Draft Downtown Dublin Streetscape Plan 2.Final Downtown Dublin Streetscape Plan 3.Updated Final Downtown Dublin Streetscape Plan Firm Labor Total$71,025 Total Labor$71,025 Meetings with City Staff (in Dublin) (1) Internal design team meetings (2) Meetings with City Staff (web conference) (2) PM John Martin Assistant Lindsey Yuen Principal Nathan Lozier Task 5 Meetings Prepare Draft Downtown Dublin Streetscape Plan that compiles all data and synthesizes that information into a comprehensive report. RHAA Fees Task 5 - Firm Labor Total Total Task 5 CITY COUNCIL MEETING - present Final Document Finalize Downtown Dublin Streetscape Plan Document based on any Council feedback Prepare for Commission and City Council Meetings Streetscape Plan Contents Hours Meetings Total Hours COMMISSION MEETING - present Final Document 5 of 5 5 of 9 4.6.b Packet Pg. 85 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) 1646 N. California Blvd., Suite 400, Walnut Creek, CA 94596 | 925.940.2200 BKF No. 20175048 June 27, 2017 Updated June 29, 2017 John Martin, Landscape Architect, LEED AP Senior Associate RHAA LANDSCAPE ARCHITECTURE + PLANNING 323 Geary St, Suite #602 San Francisco, CA 94102 Transmitted Via Email Subject: Downtown Dublin Streetscape Plan Dear Mr. Martin: BKF Engineers welcomes the opportunity to submit this proposal for civil engineering services to support the Downtown Dublin Streetscape Plan project. We understand that the project intends to create a master plan to help the community and City prepare for the ultimate redevelopment of the area and implementation of an overall streetscape. Task 1 – Project Start-up No BKF involvement Task 2 – Inventory, Assessment and Opportunities A.BKF Scope 2.3 a.Review CAD base of existing conditions (parcels, ROW, lane configurations/striping, curbs and medians, major utilities (storm, sanitary, water, electric, gas). This information will be based on City provided composite drawings. b.Walk the site to determine drainage and other potential constraints. c.Prepare a memorandum describing the constraints for Downtown Dublin streets; d.Review and comment on Opportunities and Constraints B.Meetings: ·2 internal design team meetings (web conference) C.Deliverables: ·CAD base ·Opportunities and Constraints memo documenting reconfiguration, expansion, and green infrastructure possibilities (based on the City’s Environmental Service team’s green infrastructure plan) on Downtown Dublin streets ·Typical existing street cross sections, documenting ROW, sidewalk width, curb, median and lane configurations 6 of 9 4.6.b Packet Pg. 86 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) RHAA Downtown Dublin Streetscape Plan June 29, 2017 Page 2 of 3 D.Assumptions/Exclusions: 1.City to provide record drawings of all utilities including those from other agencies 2.City to provide CAD base of existing conditions (parcels, ROW, lane configurations/striping, curbs and medians, major utilities (storm, sanitary, water, electric, gas). 3.City to provide topographic or aerial geometric survey of the streets sufficient for consultants use 4.City to provide AutoCAD file that delineates properties, right of way and ties right of way to street geometrics (e.g. curbs) E.Base Fee:$8,000 (60 Hours) Task 3 Concept Plan + Alternatives A.BKF Scope 3.1 – Assist in preparing overall framework plan for project site 3.2 – Assist in establishing a green infrastructure approach 3.5 – Assist in developing 2 or 3 alternative geometries for Village Parkway 3.6 – Assist in developing 1 or 2 alternative geometries for Regional Street B.Meetings: ·2 internal design team meetings (web conference) C.Deliverables: None by BKF. D.Assumptions/Exclusions: 1.Drafting and production of all work by RHAA. 2.Memorandums or review/recommendations describing infrastructure modifications (drainage, relocation of utilities, etc.) needed to support each of the alternatives 3.Cost estimating of alternatives. E. Base Fee: $6,400 (40 Hours) Task 4 – Preferred Alternative and Arts Plan A.BKF Scope 4.1 – Assist in preparing preferred alternative plan (road geometries, green infrastructure) and typical street sections per Task 3 direction and Community Workshop #2. B.Meetings: ·1 internal design team meetings (web conference) C.Deliverables: None D.Assumptions: Drafting and production of all work by RHAA. 7 of 9 4.6.b Packet Pg. 87 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) RHAA Downtown Dublin Streetscape Plan June 29, 2017 Page 3 of 3 E. Base Fee: $8,400 (48 Hours) Task 5 Final Downtown Dublin Streetscape Plan A. BKF Scope 5.1 – Review text and graphics prepared by RHAA for the Downtown Dublin Streetscape Plan per work completed and comments received for Task 2, 3 and 4. B. Meetings: · 1 internal design team meetings (web conference) C. Deliverables: Drafting and production of all work by RHAA. D. Base Fee: $2,400 (14 Hours) Tasks 1-5 Labor Fee $25,200 Reimbursable Expenses Allowance $200 Total BKF Base Fee Tasks 1-5 $25,400 For any work with not defined in the scope of work (e.g. field or aerial survey, cost estimating, etc.), or for additional meetings or assistance we could prepare a separate proposal. Thank you for the opportunity to present this proposal. We look forward to assisting in developing this project. Please contact us at 925.940.2200 if you have any questions regarding our scope of services. Respectfully, BKF Engineers Dan Schaefer, PE | LEED-AP Principal/Vice President CC: Dayne Johnson, BKF Project Manager 8 of 9 4.6.b Packet Pg. 88 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) Ka t h r i n T e l l e z , Pr i n c i p a l - i n - Ch a r g e Ca r r i e M o d i , Pr o j e c t Ma n a g e r Pr o j e c t Pl a n n e r / En g i n e e r Gr a p h i c s Ad m i n Su p p o r t Direct CostsF&P Total Ho u r l y B i l l i n g R a t e : $ 2 5 5 $1 8 0 $1 4 0 $1 3 0 $1 3 0 2. 3 – P r e p a r e a m e m o o n O p p o r t u n i t i e s a n d C o n s t r a i n t s r e g a r d i n g ci r c u l a t i o n , s i g n a l i z a t i o n a n d s a f e t y ; o n e c o n f e r e n c e c a l l a n d r e v i e w o f Co m m u n i t y W o r k s h o p # 1 b o a r d s 3 8 1 6 8 4 $ 3 0 0 $ 6 , 3 0 5 3. 1 – A s s i s t i n p r e p a r i n g o v e r a l l f r a m e w o r k p l a n f o r p r o j e c t s i t e 2 6 00 1 $86$1,806 3. 5 - 3 . 6 – P r o v i d e i n p u t o n d e s i g n c o n c e p t a l t e r n a t i v e p l a n s f o r t r a f f i c , ci r c u l a t i o n , a n d s a f e t y 38 6 0 2 $165$3,470 4. 1 – A s s i s t i n p r e p a r i n g p r e f e r r e d a l t e r n a t i v e p l a n ( t r a f f i c , c i r c u l a t i o n a n d sa f e t y) 24 4 8 2 $155$3,245 5. 2 – A s s i s t i n r e v i s i n g t e x t a n d g r a p h i c s p r i o r t o C i t y r e v i e w 14 00 1 $55$1,160 TO T A L 11 30 26 16 10 $761$15,986 Du b l i n S t r e e t s c a p e F e e - F e h r & P e e r s 6/ 2 9 / 2 0 1 7 Ta s k Fe h r & P e e r s 9 of 94.6.b Packet Pg. 89 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t w i t h R o y s t o n , H a n a m o t o , A l l e n & A b e y ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) 4.6.c Packet Pg. 90 At t a c h m e n t : 3 . B u d g e t C h a n g e F o r m ( 1 5 2 4 : R H A A C o n s u l t a n t C o n t r a c t ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Appointments to the 2017 Ad-Hoc Audit Review Committee Prepared by: Colleen Tribby, Administrative Services Director EXECUTIVE SUMMARY: The City’s independent auditors, Maze and Associates, have commenced the field work necessary to complete the Comprehensive Annual Financial Report (CAFR) for year ending June 30, 2017. The City Council will consider the appointments to the 2017 Ad- Hoc Review Committee, comprised of two City Councilmembers recommended by the Mayor, who will review the audit process and final report (for the period ending Ju ne 30, 2017) with the auditors. STAFF RECOMMENDATION: Confirm the Mayor’s appointment of Councilmember Hernandez and Councilmember Goel as the 2017 Ad-Hoc Audit Review Committee that will serve for a limited time. FINANCIAL IMPACT: The cost of the audit has been included in the Fiscal Year 2017 -18 budget. DESCRIPTION: The independent auditors from the firm of Maze and Associates have set in motion the fieldwork for the City’s financial audit the week of October 2, 2017. The independent auditors are required to follow protocols established by the Auditing Sta ndards Board and issues their directives in documents referenced as the Statement on Accounting Standards, which are applicable to both private and governmental entities. These standards require that the auditors communicate directly with those charged wi th governance. The Ad-Hoc Audit Review Committee, comprising two Councilmembers appointed by the Mayor, is established each year for this purpose. The Committee typically meets with the auditors twice: first in September or October to review the audit process, and again in December to review the draft financial report. After the Committee has had an opportunity to review and discuss the report with the auditors, at a future City Council meeting, Staff will prepare an agenda item for action by the entire City Council. 4.7 Packet Pg. 91 Page 2 of 2 Last year the Committee was comprised of Councilmember Biddle and Mayor Haubert. This year, Mayor Haubert is recommending the appointment of Councilmembers Hernandez and Goel to serve as the 2017 Ad-Hoc Audit Review Committee. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None ATTACHMENTS: None. 4.7 Packet Pg. 92 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Payment Issuance Report and Electronic Funds Transfers Prepared by: Veronica Briggs, Senior Finance Technician EXECUTIVE SUMMARY: The City Council will receive a listing of payments issued from June 1, 2017 - June 30, 2017 totaling $9,313,701.00. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: SUMMARY OF PAYMENTS ISSUED June 1, 2017 through June 30, 2017 Total Number of Payments: 419 Total Amount of Payments: $9,313,701.00 DESCRIPTION: The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning June 1, 2017 through June 30, 2017. This report is provided in accordance with the policy adopted November 15, 2011 in Resolution 189 -11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures. The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payment s are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report. 4.8 Packet Pg. 93 Page 2 of 2 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Payment Issuance Report - June 2017 4.8 Packet Pg. 94 Print Date: 07/05/2017 City of Dublin Page 1 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 06/02/2017 4 PAWS GOOSE CONTROL, INC 1,000.00 GEESE CONTROL SERVICES-APR 2017 1,000.00 GEESE CONTROL SERVICES-MAR 2017 Check Total: 2,000.00 06/02/2017 AMADOR VALLEY INDUSTRIES LLC 871.00 COMMERCIAL RECYCLING PROGRAM-APR 2017 105.00 REIMBURSEMENT - DUBLIN PRIDE SUPPLIES Check Total: 976.00 06/02/2017 ARAMARK UNIFORM SVC LOCKBOX 41.36 MAT SERVICE-CIVIC CENTER-MAY 2017 74.06 MAT SERVICE-SENIOR CENTER-MAY 2017 Check Total: 115.42 06/02/2017 BAY ALARM COMPANY 5,709.99 ALARM SERVICES APR-JUN 2017 06/02/2017 BAY AREA NEWS GROUP 168.26 LEGAL NOTICES APR 2017 06/02/2017 BKF ENGINEERS 79,750.59 PRELIMINARY ENGINEERING STUDY DUBLIN BLVD 06/02/2017 BOITNOTT, MICHAEL 108.78 REIMBURSEMENT FOR THE WAVE SUPPLIES 06/02/2017 C. OVERAA & CO. 626,706.97 AQUATIC COMPLEX CONSTRUCTION SERVICES 06/02/2017 CAL PERS 71,899.00 PERS RETIREMENT PLAN: PE 5/26/17 06/02/2017 CINTAS CORPORATION NO.3 245.00 CARPET CLEANING-LIBRARY 06/02/2017 EMPLOYMENT DEVELOPMENT DEPT 17,912.25 CA STATE WITHHOLDING: PE 5/26/17 06/02/2017 FEDEX 313.51 EXPRESS SHIPPING 06/02/2017 GEOSYNTEC CONSULTANTS, INC. 18,721.75 GREEN INFRASTRUCTURE/STRMWTR RESOURCES 06/02/2017 H. T. HARVEY & ASSOCIATES 3,622.15 CONSULTING SERVICES-DOUGHERTY RD IMPROV 06/02/2017 I C M A 401 PLAN 870.00 DEFERRED COMP 401A: PE 5/26/17 06/02/2017 I C M A 457 PLAN 24,795.91 DEFERRED COMP 457: PE 5/26/17 06/02/2017 INTERNAL REVENUE SERVICE 65,357.30 FEDERAL WITHHOLDING: PE 5/26/17 06/02/2017 KIMLEY-HORN AND ASSOC. INC. 8,825.00 DESIGN SVCS-SAN RAMON RD ARTERIAL MGMT PROJ 06/02/2017 LAW OFFICE OF TERRY ROEMER 8,056.00 LEGAL SERVICES 06/02/2017 MCE CORPORATION 398,654.27 BUILDING MAINTENANCE-APR 2017 06/02/2017 MECHANICS BANK 32,960.58 RETENTION DEPOSIT-AQUATIC COMPLEX PROJECT 06/02/2017 MEYERS NAVE 44,629.76 LEGAL SERVICES-MAR 2017 06/02/2017 REVEL ENVIRONMENTAL MFG INC. 4,536.00 TRASH CAPTURE DEVICES MAINTENANCE 06/02/2017 S & C ENGINEERS, INC. 56,974.96 CONSTRUCTION ADMIN-DOUGHERTY RD IMPROV 06/02/2017 STERLING PLANET, INC. 1,887.64 ENERGY CERTIFICATE/LEED CREDIT FOR THE WAVE 06/02/2017 SUGAR N SPICE 225.00 DUBLIN PRIDE SUPPLIES 06/02/2017 TREASURER ALAMEDA COUNTY 9,192.84 FUEL-APR 2017 06/02/2017 TRI-VALLEY JANITORIAL INC. 14,599.00 JANITORIAL SERVICES-MAY 2017 1,446.47 JANITORIAL SUPPLIES-CIVIC CENTER 254.13 JANITORIAL SUPPLIES-LIBRARY LOBBY 359.11 JANITORIAL SUPPLIES-LIBRARY MAIN 246.48 JANITORIAL SUPPLIES-SHANNON CENTER 885.04 JANITORIAL SUPPLIES-THE WAVE Check Total: 17,790.23 06/02/2017 US BANK - PARS 4,677.84 PARS: PE 5/26/17 06/02/2017 VALLEY WINDOW CLEANING INC 950.00 WINDOW CLEANING SERVICES-CIVIC CENTER 145.00 WINDOW CLEANING SERVICES-LIBRARY Check Total: 1,095.00 06/02/2017 VSI RISK MGMT & ERGONOMICS INC 1,700.00 ERGONOMIC EVALUATIONS 06/02/2017 WAGEWORKS, INC. 4,612.03 WAGEWORKS 2017: PE 5/26/17 4.8.a Packet Pg. 95 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 2 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description Payments Issued 6/2/2017 Total: 1,515,090.03 06/08/2017 3I ADVERTISING, LLC. 3,632.50 ADVERTISING & MARKETING FOR THE WAVE 06/08/2017 4LEAF INC. 1,560.00 BUILDING INSPECTION/PLAN CHECK SVCS APR 2017 116,350.50 BUILDING INSPECTION SERVICES APR 2017 Check Total: 117,910.50 06/08/2017 ADAMSON POLICE PRODUCTS 135.38 CRIME PREVENTION UNIFORMS 1,522.74 PATROL SUPPLIES Check Total: 1,658.12 06/08/2017 ADOLPH, BETH 67.91 REIMBURSE PRESCHOOL SUPPLIES 06/08/2017 ALAMEDA COUNTY ENVIRONMENTAL 207.00 VENDOR PERMIT FEES FOR THE WAVE 06/08/2017 ALIOTTI, ANNA 544.00 REC CLASS REIMBURSEMENT 06/08/2017 ALL CITY MANAGEMENT SVCS INC 8,323.20 CROSSING GUARD SERVICES 4/23/17-5/6/17 06/08/2017 ARLEN NESS, INC. 1,251.37 POLICE MOTORCYCLE MAINTENANCE 06/08/2017 AT&T - CALNET 3 108.86 SERVICE TO 05/01/17 449.38 SERVICE TO 05/12/17 470.69 SERVICE TO 05/14/17 Check Total: 1,028.93 06/08/2017 AXIS COMMUNITY HEALTH 16,709.00 COMMUNITY SUPPORT GRANT FY16-17 06/08/2017 BAY ISLAND OFFICIAL ASSOC 2,348.00 SPORTS OFFICIATING SERVICES 06/08/2017 BIG O TIRES #7 123.31 POLICE VEHICLE MAINTENANCE 06/08/2017 BREILH, MARY 5.00 REC CLASS REFUND 06/08/2017 CAL ENGINEERING & GEOLOGY INC 9,288.00 ENGINEERING SERVICES APR 2017 06/08/2017 CALIFORNIA BANK OF COMMERCE 4,126.50 RETENTION DEPOSIT-DOUGHERTY RD IMPROV PROJ 06/08/2017 CALIFORNIA STATE CONTROLLER 100.00 AUDIT CONFIRMATION PROCESSING FEE 06/08/2017 CASTRO VALLEY PERFORMING ARTS 1,148.40 REC CLASS INSTRUCTOR 06/08/2017 CENTER FOR EDUCATION & 159.00 POLICE PUBLICATIONS 06/08/2017 CENTRAL VALLEY TOXICOLOGY 461.00 LAB TESTING SERVICES - APR 2017 06/08/2017 CHEN, ALICE 5.00 REC CLASS REFUND 06/08/2017 CHING, ERWIN 48.15 MILEAGE REIMBURSEMENT 06/08/2017 CHINN, AVA YEE 777.60 REC CLASS INSTRUCTOR 06/08/2017 CINTAS CORP 340.92 FIRST AID KIT SUPPLIES 06/08/2017 CITY SERVE OF THE TRI-VALLEY 1,980.43 COMMUNITY SUPPORT GRANT FY16-17 06/08/2017 COMCAST 1,561.68 INTERNET & CABLE SERVICE TO 6/10/17 06/08/2017 CRICKET FOR CUBS 319.20 REC CLASS INSTRUCTOR 06/08/2017 CSG CONSULTANTS INC 45,704.00 ENGINEERING SERVICES MAR 2017 06/08/2017 DELL MARKETING L.P. 1,122.00 DESKTOP COMPUTERS AND EQUIPMENT 06/08/2017 DEPARTMENT OF JUSTICE 1,026.00 FINGERPRINT SERVICES-APR 2017 06/08/2017 DEPT OF INDUSTRIAL RELATIONS 3,705.00 SAFETY INSPECTION FOR THE WAVE 06/08/2017 DESILVA GATES CONSTRUCTION LP 79,803.50 CONSTRUCTION SVCS-DOUGHERTY RD IMPROV PROJ 06/08/2017 DEVELOPING MOMENTS PHOTOGRAPHY 1,350.00 P&CS EVENT PHOTOGRAPHY-THE WAVE 900.00 P&CS EVENT PHOTOGRAPHY-THE WAVE Check Total: 2,250.00 06/08/2017 DUBLIN CHEVROLET 1,919.04 POLICE VEHICLE MAINTENANCE 06/08/2017 DUBLIN IRISH GUARD 75.00 REFUND FIREWORKS BOOTH APPLICATION FEE 06/08/2017 DUBLIN LIONS CLUB 75.00 REFUND FIREWORKS BOOTH APPLICATION FEE 06/08/2017 DUBLIN UNIFIED SCHOOL DISTRICT 978.40 STAGER GYM UTILITIES ELECTRIC 4/13/17-5/11/17 131.39 STAGER GYM UTILITIES GAS 3/1/17-3/31/17 Check Total: 1,109.79 4.8.a Packet Pg. 96 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 3 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 06/08/2017 DUBLIN UNITED SOCCER LEAGUE 75.00 REFUND FIREWORKS BOOTH APPLICATION FEE 06/08/2017 EAST BAY POOL SERVICE, INC. 5,281.50 DUBLIN SWIM CENTER POOL CHEMICALS 06/08/2017 EAST BAY RESTAURANT SUPPLY,INC 73.41 SENIOR CENTER EVENT SUPPLIES 06/08/2017 ETS CORPORATION 25,928.95 ONLINE & RETAIL MERCHANT FEES DEC 2016-APR 2017 06/08/2017 FORD STORE SAN LEANDRO, THE 22,800.49 REPLACEMENT POLICE VEHICLE 06/08/2017 FRANKLIN, RHONDA 39.70 MILEAGE REIMBURSEMENT APR 2017 06/08/2017 GOODYEAR TIRE & RUBBER COMPANY 3,375.67 POLICE VEHICLE TIRES 06/08/2017 GUIDA SURVEYING INC. 1,395.00 ENGINEERING SERVICES APR 2017 06/08/2017 LATITUDE GEOGRAPHICS GROUP 3,700.00 GIS ANNUAL SOFTWARE MAINTENANCE 06/08/2017 LIVERMORE AUTO GROUP 707.51 POLICE VEHICLE MAINTENANCE 06/08/2017 LIVERMORE/AMADOR TRANSIT 115,000.00 TRANSIT PERFORMANCE INITIATIVE IN DUBLIN 06/08/2017 NATIONAL CHARITY LEAGUE 750.00 REFUND DEPOSIT - SHANNON CENTER RENTAL 06/08/2017 PAKPOUR CONSULTING GROUP, INC. 11,074.35 ENGINEERING SERVICES APR 2017 06/08/2017 PG&E 51.94 SERVICE TO 05/05/17 18,982.00 SERVICE TO 05/07/17 4,861.13 SERVICE TO 05/08/17 6,183.78 SERVICE TO 05/09/17 2,818.88 SERVICE TO 05/11/17 123.53 SERVICE TO 05/12/17 20.70 SERVICE TO 05/14/17 21,036.65 SERVICE TO 05/16/17 Check Total: 54,078.61 06/08/2017 PHOENIX GROUP INFO SYS. 133.55 PARKING CITATION PROCESSING-APR 2017 06/08/2017 PUBLIC BENEFIT TECHNOLOGY 420.00 CITY COUNCIL MEETING VIDEO SERVICES FEB 2017 06/08/2017 PURSUIT NORTH 157.20 POLICE VEHICLE MAINTENANCE 06/08/2017 RODEMS, JAMES 102.08 REIMB CA PARKS & REC CONF EXPENSE-RODEMS 06/08/2017 SODEXOMAGIC, LLC. 445.52 EXECUTIVE RETREAT FACILITY FEE 06/08/2017 SPECIAL EVENTS 765.00 RENTAL EQUIPMENT FOR THE WAVE 1,106.60 THE WAVE EQUIPMENT RENTAL Check Total: 1,871.60 06/08/2017 SPECTRUM COMMUNITY SVCS INC. 905.50 COMMUNITY SUPPORT GRANT APR 2017 06/08/2017 STONERIDGE CHRYSLER JEEP DODGE 2,491.66 POLICE VEHICLE MAINTENANCE 06/08/2017 TREASURER ALAMEDA COUNTY 20,737.99 ANIMAL CONTROL FIELD SERVICES OCT-DEC 2016 48,534.67 ANIMAL SHELTER SERVICES OCT-DEC 2016 Check Total: 69,272.66 06/08/2017 TREASURER ALAMEDA COUNTY 2,240.00 PARKING CITATIONS COLLECTED-APR 2017 06/08/2017 TREASURER ALAMEDA COUNTY 438.25 CRIME LAB SERVICES - APR 2017 Vendor Total: 71,950.91 06/08/2017 TRI-VALLEY COMMUNITY TV 1,227.73 TELEVISE CITY COUNCIL MEETINGS MAR 2017 420.00 TELEVISE MAYOR’S PRESENTATION -ST. PAT’S DAY Check Total: 1,647.73 06/08/2017 UNUM LIFE INS CO OF AMERICA 11,635.74 LIFE AND AD&D PREMIUM - JUN 2017 06/08/2017 VALENTIN, M. 79.20 REC CLASS INSTRUCTOR 06/08/2017 VERIZON WIRELESS 1,713.38 POLICE CELL PHONE SERVICE TO 05/03/17 Payments Issued 6/8/2017 Total: 648,748.31 06/09/2017 U.S. BANK CORPORATE PMT SYSTEM 2,195.15 35TH ANNIVERSARY MUGS 4.8.a Packet Pg. 97 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 4 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 305.00 ABAG CONFERENCE REG-BAKER 98.15 ADULT SOFTBALL SUPPLIES 270.00 CA WATER ENVIRONMENT ASSN DUES-STEVENSON 200.00 CAREER FAIR BOOTH FEE FOR THE WAVE 1,082.59 CITY CLERKS CONFERENCE EXPENSES-SOLORZANO 2,481.92 COMPUTER SOFTWARE 1,092.14 COMPUTER SUPPLIES & SECURITY CERTIFICATE 2,269.87 CAMP PARKS MILITARY HISTORY CENTER SUPPLIES 1,670.95 DUBLIN PRIDE VOLUNTEER DAY SUPPLIES 1,376.82 EGGSTRAVAGANZA & FARMERS' MARKET SUPPLIES 885.00 EMPLOYMENT ADS FOR PLANS EXAMINER 1,582.92 FACILITY DEPOSIT-EMPLOYEE RECOGNITION EVENT 22.95 GRAPHIC DESIGN TOOL 921.64 HERITAGE CENTER & MUSEUM SUPPLIES 217.49 HERITAGE CENTER SUPPLIES 1,261.86 HUMAN RESOURCES MGMT CONF EXP-CARTER 55.00 INT'L CODE COUNCIL MEMBERSHIP-RECINOS-SERNO -56.45 LEAGUE OF CA CITIES JOINT MTG EXPENSE CREDIT 1,192.31 LIFEGUARD CERTIFICATIONS & FIRST AID SUPPLIES 5.00 MMANC TRAINING EXPENSE-STEFFEN 482.62 OFFICE SUPPLIES 1,217.02 POLICE EQUIPMENT & SUPPLIES 522.61 PRESCHOOL SUPPLIES 1,940.56 PRINTING FOR THE WAVE & ACTIVITY GUIDE 749.09 PUBLIC INFO OFFICERS CONF EXP-JACKMAN 0.08 RECREATION SOFTWARE TESTING CHARGES 1,900.43 RECREATION SUPPLIES -1,388.82 REFUND FOR ST. PATRICK'S FESTIVAL SUPPLIES 460.11 SENIOR CENTER VOLUNTEER APPRECIATION LUN 713.86 SENIOR CTR VOLUNTEER APPRECIATION LUNCH 539.00 STATE OF THE CITY SUPPLIES 2,071.25 STORM DRAIN MARKERS & SUPPLIES 54.00 TRAFFIC ENGINEERS WORKSHOP REG-KHAN Check Total: 28,392.12 Payments Issued 6/9/2017 Total: 28,392.12 06/13/2017 4EVER DANCE STUDIO 156.80 REC CLASS INSTRUCTOR 06/13/2017 ADAMEK, RUDOLF 100.00 FARMERS’ MARKET ENTERTAINMENT 06/13/2017 ADAMS, SUSANA 20.00 REC CLASS REFUND 06/13/2017 AT&T - CALNET 3 19.79 SERVICE TO 5/27/17 06/13/2017 BANNER BANK 55,461.68 RETENTION DEPOSIT-FALLON SPORTS PARK CON 06/13/2017 CALTRONICS BUSINESS SYSTEMS 704.02 COPIES-APR 2017 06/13/2017 CAO, MENGLIN 428.00 REC CLASS REFUND 06/13/2017 CITIES GROUP, THE 1,328.83 WORKERS COMP/SAFETY COMPLIANCE ASSESSMENT 4.8.a Packet Pg. 98 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 5 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 06/13/2017 COGENT COMMUNICATIONS, INC 2,219.00 CIVIC CENTER INTERNET SERVICE - JUN 2017 06/13/2017 DIPIETRO & ASSOC. INC 7,447.28 AED UNITS FOR THE WAVE 06/13/2017 DRINKWATER, GRACE 80.00 REC CLASS REFUND 06/13/2017 DUBLIN IRISH GUARD 500.00 REFUND DEPOSIT - SENIOR CENTER RENTAL 06/13/2017 DUBLIN TROPHY HOUSE 218.45 FUN RUN MEDALS 06/13/2017 DUNBAR ARMORED INC 165.14 ARMORED CAR SERVICE-MAY 2017 06/13/2017 EAST BAY POOL SERVICE, INC. 1,080.00 EQUIPMENT TRAINING AT THE WAVE 06/13/2017 ERIC POWELL ARTS 5,000.00 SCULPTURAL ARCHWAY-MCCORMICK ROSE GARDEN 06/13/2017 EVULEOCHA, STEVINA 250.00 REFUND DEPOSIT - SHANNON CENTER RENTAL 06/13/2017 GOLDEN STATE WARRIORS 3,340.00 JUNIOR WARRIORS UNIFORMS 06/13/2017 IMAGEX 2,402.30 ST. PATRICK'S FESTIVAL SIGNAGE 06/13/2017 IMRC (INDIAN MUSLIM RELIEF & 475.00 REFUND DEPOSIT - SENIOR CENTER RENTAL 06/13/2017 KALANI WARE, JON 1,000.00 UTILITY BOX ART PILOT PROJECT 06/13/2017 KAPADIA, MARIA 1,260.00 REC CLASS INSTRUCTOR 06/13/2017 KINDERMUSIK W/ MS LINDSAY & 2,796.00 REC CLASS INSTRUCTOR 06/13/2017 LANLOGIC INC. 9,717.65 AQUATIC COMPLEX FIBER FEASIBILITY & INSTALL 2,312.50 DOWNTOWN WI-FI PROJECT MANAGEMENT Check Total: 12,030.15 06/13/2017 LAU, KENNETH 4.86 REFUND OVERPAYMENT HOUSING LOAN INTEREST 06/13/2017 MACE, SHARON 250.00 REFUND DEPOSIT - HERITAGE CENTER RENTAL 06/13/2017 MAH, PRESTON 350.00 DJ SERVICES FOR DUBLIN FARMERS' MARKET 06/13/2017 MARTIAL ARTS AMERICA 250.00 REFUND DEPOSIT - STAGER GYM RENTAL 06/13/2017 MORELAND, SHARE 43.00 SENIOR CENTER EXCURSION REFUND 06/13/2017 MR. ECO 2,378.52 LITTER REDUCTION & WASTE DIVERSION PROGRAM 06/13/2017 MUTOBE, ROSE 5.00 REC CLASS REFUND 06/13/2017 MYLSAMY, NARMADHA 80.00 REC CLASS REFUND 06/13/2017 PEELLE TECHNOLOGIES INC 8,558.65 DOCUMENT PREPARATION & IMAGING SERVICES 06/13/2017 PICTOMETRY INT'L CORP 2,333.27 AERIAL PICTOGRAPHY SERVICES FOR GIS 06/13/2017 PROMYOTIN, SRAWAT 100.00 FARMERS' MARKET ENTERTAINMENT 06/13/2017 REDDELL, DANIEL E. 798.00 REC CLASS INSTRUCTOR 06/13/2017 RESCUE ROOTER 500.00 REFUND CASH COMPLETION BOND 06/13/2017 ROBERT A. BOTHMAN, INC. 1,054,227.98 FALLON SPORTS PARK CONSTRUCTION SERVICES 06/13/2017 SF ART CONSERVATION 12,331.76 PUBLIC ART MAINTENANCE & REPAIRS 06/13/2017 SIMPLE ELEGANCE CATERING 256.88 ADMINISTRATIVE & TECHNICAL RETREAT SUPPLIES 338.00 ADMINISTRATIVE & TECHNICAL RETREAT SUPPLIES Check Total: 594.88 06/13/2017 ST. RAYMONDS SCHOOL 725.00 REFUND DEPOSIT - SHANNON CENTER RENTAL 06/13/2017 STAPLES BUSINESS ADVANTAGE 4,580.33 OFFICE SUPPLIES - APR 2017 06/13/2017 STRATEGIC PRODUCTS & SVCS LLC, SPS 6,763.00 CISCO PHONE SYSTEM EXTENSION TO THE WAVE 06/13/2017 SUTH, JAMES 725.00 REFUND DEPOSIT - SHANNON CENTER RENTAL 06/13/2017 SWANK MOTION PICTURES INC 843.00 MOVIE RENTAL - OUTDOOR MOVIE NIGHT 06/13/2017 THE UPS STORE 6449 784.00 LIVESCAN PROCESSING FOR THE WAVE 06/13/2017 T-MOBILE USA, INC. 486.02 CELL PHONE SERVICE TO 5/20/17 06/13/2017 TREASURER ALAMEDA COUNTY 2,565,772.62 POLICE SERVICES 2/26/17 - 4/22/17 06/13/2017 TRI VALLEY YOUNG PERFORMERS 4,566.00 REC CLASS INSTRUCTOR 06/13/2017 TRI-VALLEY HAVEN, INC 1,460.36 COMMUNITY SUPPORT GRANT APR 2017 06/13/2017 U.S. POSTAL SERVICE 685.00 BUSINESS REPLY MAIL ANNUAL MAINTENANCE FEE 06/13/2017 VALLEYCARE OCCUPATIONAL HEALTH 391.00 PRE-EMPLOYMENT MEDICAL SCREENINGS 06/13/2017 VERMONT SYSTEMS, INC. 28,401.68 RECREATION MGMT SOFTWARE MAINT & SUPPORT 4.8.a Packet Pg. 99 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 6 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 06/13/2017 WAGEWORKS, INC. 506.75 FLEXIBLE SPENDING ACCOUNT FEES MAY 2017 06/13/2017 WEE HOOP, INC. 6,151.20 REC CLASS INSTRUCTOR 06/13/2017 WHITE, ROYLEEN A 7,500.00 EXECUTIVE TEAM WORK SESSION Payments Issued 6/13/2017 Total: 3,811,629.32 06/14/2017 AMERICAN LEISURE COMPANY 44,071.45 PICNIC TABLES FOR THE WAVE Payments Issued 6/14/2017 Total: 44,071.45 06/16/2017 CAL PERS 69,451.50 PERS RETIREMENT PLAN: PE 6/9/17 06/16/2017 CAL PERS HEALTH PREMIUM 130,661.95 HEALTH INSURANCE PREMIUM - JULY 2017 06/16/2017 DELTA DENTAL OF CALIFORNIA 11,921.32 DELTA DENTAL PREMIUM - JULY 2017 06/16/2017 EMPLOYMENT DEVELOPMENT DEPT 16,753.26 CA STATE WITHHOLDING: PE 6/9/17 06/16/2017 I C M A 401 PLAN 870.00 DEFERRED COMP 401A: PE 6/9/17 06/16/2017 I C M A 457 PLAN 24,273.75 DEFERRED COMP 457: PE 6/9/17 06/16/2017 INTERNAL REVENUE SERVICE 63,661.79 FEDERAL WITHHOLDING: PE 6/9/17 06/16/2017 UNUM LIFE INS CO OF AMERICA 11,333.20 LIFE AND AD&D PREMIUM - JULY 2017 06/16/2017 US BANK - PARS 7,656.10 PARS: PE 6/9/17 06/16/2017 VISION SERVICE PLAN - (CA) 1,277.62 VISION INSURANCE PREMIUM - JULY 2017 06/16/2017 WAGEWORKS, INC. 3,712.03 WAGEWORKS 2017: PE 6/9/17 Payments Issued 6/16/2017 Total: 341,572.52 06/20/2017 4IMPRINT INC 1,411.72 CRIME PREVENTION SUPPLIES 06/20/2017 ADAMSON POLICE PRODUCTS 152.93 CRIME PREVENTION UNIFORMS 273.13 TACTICAL VEST 27.29 TACTICAL VEST ACCESSORIES Check Total: 453.35 06/20/2017 ALAMEDA CO SHERIFF'S OFFICE 900.00 PRINTING SERVICES - MAY 2017 06/20/2017 ARORA, AKSHAY 7,400.00 REC CLASS INSTRUCTOR 06/20/2017 ARROW SIGN COMPANY 18,955.50 DOWNTOWN MEDIAN SIGNS 06/20/2017 AT&T - CALNET 3 42.98 SERVICE TO 05/06/17 671.48 SERVICE TO 05/12/17 279.42 SERVICE TO 05/26/17 136.19 SERVICE TO 05/27/17 108.80 SERVICE TO 06/01/17 Check Total: 1,238.87 06/20/2017 BAY ISLAND OFFICIAL ASSOC 3,068.00 SPORTS OFFICIATING SERVICES 06/20/2017 BIG O TIRES #7 106.56 POLICE VEHICLE MAINTENANCE 06/20/2017 BLANKENSHIP, WILLIAM 198.00 REC CLASS INSTRUCTOR 57.00 SENIOR CENTER ENTERTAINMENT Check Total: 255.00 06/20/2017 BPXPRESS -85.00 CREDIT PRINTING-STORM DRAIN TRASH CAPTURE 719.71 PRINTING SERVICES-CHAMBER REMODEL 724.62 PRINTING SERVICES-DUBLIN SPORTS GROUNDS 308.13 PRINTING SERVICES-STORM DRAIN TRASH CAPTURE Check Total: 1,667.46 4.8.a Packet Pg. 100 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 7 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 06/20/2017 BSK ASSOCIATES INC. 8,789.75 AQUATIC COMPLEX TESTING & INSPECTIONS SVCS 06/20/2017 CERTIFIED TIRE & SERVICE CNTRS 67.50 SENIOR CENTER VAN INSPECTION 06/20/2017 CHAN, ROSA 508.00 REC CLASS INSTRUCTOR 06/20/2017 CHARTER BROS INC. 500.00 CAMP PARKS MUSEUM SHUTTLE BUS SERVICE 06/20/2017 CHATMAN, LIDA 152.00 REC CLASS REFUND 06/20/2017 CINTAS CORPORATION NO.3 495.00 CARPET CLEANING FIRE STATIONS 06/20/2017 COMMUNICATION ACADEMY 3,909.00 REC CLASS INSTRUCTOR 06/20/2017 CRANFORD, ROBIN 1,841.40 REC CLASS INSTRUCTOR 06/20/2017 DARLING INGREDIENTS INC. 862.21 GREASE TRAP SERVICE-SENIOR CENTER 06/20/2017 DEVELOPING MOMENTS PHOTOGRAPHY 750.00 PHOTOGRAPHY FOR THE WAVE 06/20/2017 DOAKES, JENEEN 66.00 REC CLASS REFUND 06/20/2017 DU-ALL SAFETY, LLC 945.00 SAFETY CONSULTING SERVICES 06/20/2017 DUBLIN SAN RAMON SERVICES 120.00 GREASE TRAPS INSPECTION SHANNON CENTER 06/20/2017 DUBLIN UNITED SOCCER LEAGUE 3,720.60 REC CLASS INSTRUCTOR 06/20/2017 DURK, JENNIFER 120.00 REFUND PRESCHOOL FEES 06/20/2017 ENTERPRISE RENT A CAR 1,587.19 VEHICLE RENTAL-SPECIAL INVESTIGATIONS 06/20/2017 ESQUIVEL, LESLEY 750.00 REFUND DEPOSIT SHANNON CENTER RENTAL 06/20/2017 EVERPRO KIDS 663.00 REC CLASS INSTRUCTOR 06/20/2017 FALLON, DEBORAH P. 51.00 REC CLASS INSTRUCTOR 06/20/2017 FARR, SUSAN 172.51 HERITAGE CENTER SUPPLIES 06/20/2017 FOSTER CITY, CITY OF 2,000.00 CALOPPS ANNUAL FEE 06/20/2017 GADD, JENNIFER 198.00 REC CLASS REFUND 06/20/2017 GIANNINI, NATASHA 295.00 REC CLASS REFUND 06/20/2017 GOLDEN STATE FLEET SVCS INC 95.00 POLICE VEHICLE MAINTENANCE 06/20/2017 GREENE, AMY 180.00 REFUND PRESCHOOL FEES 06/20/2017 HARRIS & ASSOCIATES 95,499.50 CONSTRUCTION MANAGEMENT AQUATIC COMPLEX 06/20/2017 IMAGEX 436.78 FARMER'S MARKET SIGNAGE 06/20/2017 IRON MOUNTAIN 161.71 ACAP RECORDS STORAGE JUN 2017 929.64 OFF-SITE RECORDS STORAGE JUN 2017 Check Total: 1,091.35 06/20/2017 JANKEN, MAKI 180.00 REFUND PRESCHOOL FEES 06/20/2017 JOCHNER, RICH 124.82 MILEAGE REIMBURSEMENT 06/20/2017 JORDAN & ASSOCIATES, INC. 1,680.00 FEDERAL LEGISLATIVE SERVICES MAY 2017 06/20/2017 KIDZ LOVE SOCCER 6,403.20 REC CLASS INSTRUCTOR 06/20/2017 KONA ICE OF CASTRO VALLEY 288.00 KIDS IN ACTION FOOD SERVICES 06/20/2017 KRANSKY, JENNIFER 124.72 REIMB CA PARKS & REC CONFERENCE EXP-KRANSKY 06/20/2017 LEAGUE OF CALIFORNIA CITIES 70.00 COUNCIL ACADEMY RECEPTION-HERNANDEZ 06/20/2017 LEXISNEXIS RISK SOLUTIONS 339.95 DATABASE SEARCHES - MAY 2017 06/20/2017 LIVERMORE AUTO GROUP 1,763.91 POLICE VEHICLE MAINTENANCE 06/20/2017 LIVERMORE VALLEY WINEGROWERS 7,500.00 2017 MARKETING SPONSORSHIP 06/20/2017 LONE TREE CEMETERY ASSOCIATION 3,150.00 BURIAL SERVICES 06/20/2017 MAKE ME A PRO SPORTS 1,663.20 REC CLASS INSTRUCTOR 06/20/2017 MANAGEMENT PARTNERS INC. 3,000.00 CITY COUNCIL TEAM BUILDING SERVICES 447.25 EXECUTIVE COACHING SERVICES 1,500.00 FISCAL SUSTAINABILITY TASK FORCE COORDINATION Check Total: 4,947.25 06/20/2017 MEREDITH FAMILY INC 2,752.20 REC CLASS INSTRUCTOR 06/20/2017 MINUTEMAN PRESS 1,086.49 SENIOR CENTER NEWSLETTING PRINTING 06/20/2017 OLSON, JEANNE 5.00 REC CLASS REFUND 4.8.a Packet Pg. 101 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 8 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 06/20/2017 OPENGOV, INC. 1,788.00 OPENGOV HOSTING FEES 06/20/2017 OSGOOD, JOHN 1,000.00 UTILITY BOX ART PILOT PROJECT-BOX F 06/20/2017 OZUNA, CHELSEA 2,310.00 REC CLASS INSTRUCTOR 2,475.00 REC CLASS INSTRUCTOR Check Total: 4,785.00 06/20/2017 PAGADUAN, JANE 6.00 REC CLASS REFUND 06/20/2017 PAKPOUR CONSULTING GROUP, INC. 3,274.08 EASTERN DUBLIN TRAFFIC IMPACT FEE UPDATE 06/20/2017 PG&E 56.05 SERVICE TO 05/24/17 3,377.12 SERVICE TO 05/24/17 6,184.65 SERVICE TO 05/25/17 733.53 SERVICE TO 05/30/17 2,946.66 SERVICE TO 05/31/17 10,930.54 SERVICE TO 06/01/17 24,112.95 SERVICE TO 06/06/17 1,056.54 SERVICE TO 06/07/17 Check Total: 49,398.04 06/20/2017 PILLAI, VIDYA 1,520.40 REC CLASS INSTRUCTOR 06/20/2017 PLATINUM ROOFING INC 647.50 LIBRARY ROOF REPAIR 06/20/2017 POLY OUTDOOR FURNITURE 40,878.56 PICNIC TABLES FOR THE WAVE 06/20/2017 POLY-WOOD, INC. 25,722.06 OUTDOOR CHAIRS FOR THE WAVE 06/20/2017 PUBLIC ENGINES, INC. 1,500.00 ANNUAL SUBSCRIPTION 06/20/2017 RCLCO 192.54 DUBLIN CROSSING CFD CONSULTING SVCS-MAY 2017 10,187.77 DUBLIN CROSSING CFD CONSULTING SVCS-APR 2017 15,403.58 DUBLIN CROSSING CFD CONSULTING SVCS-MAR 2017 Check Total: 25,783.89 06/20/2017 REGIONAL GOVERNMENT SERVICES 750.00 PARKS DEPT TEAM BUILDING COACHING SVCS 06/20/2017 SHAH, MIHIR 910.00 REFUND DEPOSIT SHANNON CENTER RENTAL 06/20/2017 SHAW, LINDSEY 120.00 REFUND PRESCHOOL FEES 06/20/2017 SHIVELEY, CARYN FACUNLA 80.00 REC CLASS REFUND 06/20/2017 SIMPLER SYSTEMS, INC 1,500.00 SOFTWARE LICENSING-JUN 2017 1,500.00 SOFTWARE LICENSING-MAY 2017 Check Total: 3,000.00 06/20/2017 SKYHAWKS EAST BAY 2,433.60 REC CLASS INSTRUCTOR 06/20/2017 TETRA TECH, INC. 3,600.00 LOCAL HAZARD MITIGATION PLAN 06/20/2017 TREASURER ALAMEDA COUNTY 228.25 CRIME LAB SERVICES - MAY 2017 06/20/2017 TREASURER ALAMEDA COUNTY 23,331.03 TRAFFIC SIGNAL/ STREET LIGHT MAINT- APR 2017 24,495.10 TRAFFIC SIGNAL/ STREET LIGHT MAINT- MAR 2017 Check Total: 47,826.13 06/20/2017 TRI-VALLEY COMMUNITY TV 1,379.11 RECORD PLANNING COMM MEETINGS- APR 2017 06/20/2017 UNITED SITE SERVICES OF CA INC 601.19 DISPOSAL SERVICES-JUN 2017 06/20/2017 VANGUARD CONCEPT OFFICES 95,363.14 AQUATIC COMPLEX FURNITURE-ADMIN BLDG 06/20/2017 VERMONT SYSTEMS, INC. 600.00 WAVE OPERATIONS SOFTWARE TRAINING 06/20/2017 VSI RISK MGMT & ERGONOMICS INC 1,605.00 ERGONOMIC EVALUATIONS AT THE WAVE 06/20/2017 WEISS, ROBIN S. 630.00 REC CLASS INSTRUCTOR 06/20/2017 YE, YING 120.00 REFUND PRESCHOOL FEES 06/20/2017 YOHANNES, MEDHANIE 725.00 REFUND DEPOSIT SHANNON CENTER RENTAL 06/20/2017 YOUNG REMBRANDTS 1,860.00 REC CLASS INSTRUCTOR 06/20/2017 YOUSENASNA, LAURA 50.00 REC CLASS REFUND 4.8.a Packet Pg. 102 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 9 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 06/20/2017 ZENG, LILING 682.00 REC CLASS REFUND Payments Issued 6/20/2017 Total: 512,267.94 06/22/2017 DSRSD 101,652.62 SERVICE TO 5/31/2017 Payments Issued 6/22/2017 Total: 101,652.62 06/27/2017 AMY'S ENGRAVED SIGNS & AWARDS 43.70 NAMEPLATE FOR DEPUTY CITY CLERK 06/27/2017 BALLARD, MITCH 800.00 SOUND SERVICES FOR TUESDAY CONCERT SERIES 06/27/2017 BEST LOCKERS, LLC 169,350.61 ELECTRONIC LOCKERS FOR THE WAVE 06/27/2017 BHAT, AMITH 180.00 REFUND PRESCHOOL FEES 06/27/2017 CA SURVEYING & DRAFTING SUPPLY 808.66 PLOTTER SUPPLIES 06/27/2017 CALIFORNIA SPIRIT ELITE, INC. 833.00 REC CLASS INSTRUCTOR 06/27/2017 CAPIO 55.00 MULTI-MEDIA WORKSHOP - CONLON 45.00 MULTI-MEDIA WORKSHOP - JACKMAN Check Total: 100.00 06/27/2017 CPS HR CONSULTING 2,000.00 ADMIN-TECH RETREAT 2017 06/27/2017 CRICKET FOR CUBS 375.00 REC CLASS INSTRUCTOR 06/27/2017 DEPARTMENT OF JUSTICE 896.00 FINGERPRINT SERVICES MAY 2017 06/27/2017 DIODATI, JING 438.00 REC CLASS REFUND 06/27/2017 DU-ALL SAFETY, LLC 2,160.00 HAZMAT BUSINESS PLAN UPDATES 2017 06/27/2017 DUBLIN HISTORICAL PRESERVATION SOCIETY 70.00 ANNUAL DINNER-MCLANE 06/27/2017 DUBLIN UNIFIED SCHOOL DISTRICT 19,852.80 REC PROGRAMS CUSTODIAL SERVICES JAN-JUN 2017 06/27/2017 DUNBAR ARMORED INC 166.98 ARMORED CAR SERVICE JUN 2017 06/27/2017 ELECTRICBABY, INC. 1,947.50 HOUSING CONSULTING SERVICES 06/27/2017 EVERPRO KIDS 2,077.56 REC CLASS INSTRUCTOR 06/27/2017 FUN WITH ACADEMICS, LLC 4,662.00 REC CLASS INSTRUCTOR 06/27/2017 GALLAGHER'S DUBLIN PUB, INC. 500.00 REFUND ST. PATRICKS DAY TUP DEPOSIT 06/27/2017 GEOCON CONSULTANTS, INC. 4,476.77 GEOTECHNICAL INVESTIGATION- ALAMO CREEK 06/27/2017 HDL COREN & CONE 1,583.59 PROPERTY TAX CONSULTING 06/27/2017 IMAGEX 109.25 EGGSTRAVAGANZA SIGNAGE 06/27/2017 O'GRADY PAVING INC. 97,802.91 RELEASE RETENTION-TASSAJARA RD OVERLAY PROJ 06/27/2017 PLEASANTON, CITY OF 15,213.11 AXIS HUD SECTION 8 LOAN 06/27/2017 RUSONIS, ALANA 325.00 CULTURAL ARTS FOR ALAMEDA CO FAIR EXHIBIT 06/27/2017 ST. FRANCIS ELECTRIC, LLC. 17,405.00 INSTALL CONDUITS ON CENTRAL PARKWAY 06/27/2017 TAYLOR, LORI 245.56 REIMB CONF OF SHOPPING CENTERS CONF EXPENSE 06/27/2017 TRI-VALLEY JANITORIAL INC. 794.32 EXTRA JANITORIAL SERVICES-CIVIC CENTER 159.76 EXTRA JANITORIAL SERVICES-HERITAGE PARK 1,096.07 EXTRA JANITORIAL SERVICES-SENIOR CENTER 1,025.07 EXTRA JANITORIAL SERVICES-SHANNON CENTER 14,599.00 JANITORIAL SERVICES-JUN 2017 469.41 JANITORIAL SUPPLIES-CIVIC CENTER 69.65 JANITORIAL SUPPLIES-CORP YARD 249.77 JANITORIAL SUPPLIES-HERITAGE PARK 44.81 JANITORIAL SUPPLIES-LIBRARY 466.92 JANITORIAL SUPPLIES-LIBRARY MAIN 225.40 JANITORIAL SUPPLIES-SENIOR CENTER 4.8.a Packet Pg. 103 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 10 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 460.63 JANITORIAL SUPPLIES-SHANNON CENTER Check Total: 19,660.81 06/27/2017 W. BRADLEY ELECTRIC 7,825.30 RETENTION RELEASE-VILLAGE/BRIGHTON SIGNAL Payments Issued 6/27/2017 Total: 371,909.11 06/30/2017 4 PAWS GOOSE CONTROL, INC 1,000.00 GEESE CONTROL SERVICES MAY 2017 06/30/2017 4LEAF INC. 128,012.50 BUILDING INSPECTION & PLAN CHECK SVCS MAY 2017 1,320.00 BUILDING INSPECTION & PLAN CHECK SVCS MAY 2017 4,146.50 BUILDING INSPECTION SERVICES MAY 2017 Check Total: 133,479.00 06/30/2017 ADAMSON POLICE PRODUCTS 273.13 TACTICAL VEST 06/30/2017 ALAMEDA COUNTY CLERK 21.00 ASSESSOR'S MAPS 06/30/2017 ALAMEDA COUNTY LAFCO 5,911.00 LAFCO APPORTIONMENT FY17-18 06/30/2017 ALAMEDA COUNTY WASTE MGMT AUTH 7,000.00 REGIONAL MEDIA CAMPAIGN-FY16/17 USED OIL 06/30/2017 ALAMEDA HEALTH SYSTEM 1,102.50 POLICE MEDICAL EXAM SERVICES 06/30/2017 ALL CITY MANAGEMENT SVCS INC 7,490.88 CROSSING GUARD SERVICES 5/21/17-6/3/17 8,310.20 CROSSING GUARD SERVICES 5/7/17-5/20/17 Check Total: 15,801.08 06/30/2017 AMADOR VALLEY INDUSTRIES LLC 1,899.29 REIMBURSEMENT-DUBLIN PRIDE SUPPLIES 06/30/2017 AMBIENT HEATING AND AIR 2,977.72 FURNACE REPAIRS-HERITAGE PARK 06/30/2017 AMERICAN PACIFIC PROMOTIONS 111.65 35TH ANNIVERSARY SUPPLIES 06/30/2017 AMS.NET, INC. 693.00 DATA & TELEPHONE CABLING-AQUATIC COMPLEX 06/30/2017 AMY HIESTAND CONSULTING, LLC 2,572.50 HOUSING CONSULTING SERVICES 06/30/2017 AMY'S ENGRAVED SIGNS & AWARDS 393.96 ADA SIGNAGE FOR LIBRARY 06/30/2017 ANYPROMO, INC. 214.43 POLICE PROMOTIONAL SUPPLIES 06/30/2017 ARAMARK UNIFORM SVC LOCKBOX 84.00 MAT SERVICE-CORP YARD MAY 2017 44.04 MAT SERVICE-SHANNON CENTER MAY 2017 41.36 MAT SERVICE-CIVIC CENTER MAY 2017 74.06 MAT SERVICE-SENIOR CENTER MAY 2017 Check Total: 243.46 06/30/2017 ARLEN NESS, INC. 1,176.69 POLICE MOTORCYCLE MAINTENANCE 06/30/2017 ASSOCIATED ENGINEERING 6,016.00 ENGINEERING SERVICES JUN 2017 21,862.40 ENGINEERING SERVICES MAY 2017 Check Total: 27,878.40 06/30/2017 AT&T - CALNET 3 42.89 SERVICE TO 06/06/17 1,604.28 SERVICE TO 06/12/17 468.18 SERVICE TO 06/14/17 Check Total: 2,115.35 06/30/2017 BERMAN, JENNIFER 750.00 REFUND DEPOSIT-SHANNON CENTER RENTAL 06/30/2017 BIG O TIRES #7 157.48 POLICE VEHICLE MAINTENANCE 06/30/2017 BIKE EAST BAY 1,250.00 BIKE TO WORK DAY SUPPLIES 06/30/2017 BOITNOTT, MICHAEL 77.20 REIMBURSE CIP PROJECTS SUPPLIES 21.10 REIMBURSEMENT FOR THE WAVE SUPPLIES Check Total: 98.30 06/30/2017 BPXPRESS -33.00 CREDIT PRINTING SVCS-SLURRY SEAL PROJECT 551.90 PRINTING SERVICES-COUNCIL CHAMBER PROJECT 437.38 PRINTING SERVICES-DUBLIN BLVD RULE 20A 332.18 PRINTING SERVICES-SLURRY SEAL PROJECT 4.8.a Packet Pg. 104 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 11 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description Check Total: 1,288.46 06/30/2017 BRICKS 4 KIDZ 3,528.00 REC CLASS INSTRUCTOR 06/30/2017 BSK ASSOCIATES INC. 832.75 ROSE GARDEN TESTING/INSPECTION SVCS 06/30/2017 CALICO CENTER 4,153.30 COMMUNITY SUPPORT GRANT FY16-17 06/30/2017 CALIFORNIA SPIRIT ELITE, INC. 1,225.00 REC CLASS INSTRUCTOR 06/30/2017 CAPITAL ONE COMMERCIAL 106.39 RIBBON CUTTING SUPPLIES FOR THE WAVE 06/30/2017 CARDUCCI AND ASSOCIATES INC. 12,972.50 FALLON SPORTS PARK LANDSCAPE ARCHITECTURE 06/30/2017 CASA OROZCO 500.00 REFUND TEMPORARY USE PERMIT DEPOSIT 06/30/2017 CENTRAL VALLEY TOXICOLOGY 921.00 LAB TESTING SERVICES - MAY 2017 06/30/2017 CERTIFIED TIRE & SERVICE CNTRS 117.13 SENIOR CENTER VAN INSPECTION 06/30/2017 COIT SERVICES, INC. 374.00 CARPET CLEANING SERVICES-SENIOR CENTER 734.00 CARPET CLEANING SERVICES-SHANNON CENTER Check Total: 1,108.00 06/30/2017 COMCAST 1,144.53 INTERNET & CABLE SERVICE TO 7/6/17 06/30/2017 CONTRACT SWEEPING SERVICES 10,624.23 STREET SWEEPING SERVICES-MAY 2017 06/30/2017 CRICKET FOR CUBS 375.00 REC CLASS INSTRUCTOR 06/30/2017 CSG CONSULTANTS INC 43,843.00 ENGINEERING SERVICES APR 2017 06/30/2017 DARLING INGREDIENTS INC. 274.71 GREASE TRAP SERVICING-SENIOR CENTER 06/30/2017 DENALECT ALARM COMPANY 306.00 QUARTERLY ALARM CHARGE FS#18 JUN-AUG 2017 06/30/2017 DHADWAL, RENUKA/PETTY CASH CUSTODIAN 341.67 REPLENISH PETTY CASH 06/30/2017 DSRSD 120.00 SENIOR CENTER GREASE TRAP INSPECTION 06/30/2017 DUBLIN LITTLE LEAGUE 5,674.38 REFUND FIELD DEPOSIT 06/30/2017 DUBLIN UNIFIED SCHOOL DISTRICT 570.82 STAGER GYM DSRSD WATER/SEWER USAGE 4/1/17 1,128.71 STAGER GYM UTILITIES ELECTRIC 5/12/17-6/11/17 64.58 STAGER GYM UTILITIES GAS 04/01/17-05/02/17 Check Total: 1,764.11 06/30/2017 DUTCHOVER & ASSOCIATES 3,701.25 PLANNING & ENGINEERING SERVICES APR 2017 2,722.50 PLANNING & ENGINEERING SERVICES MAY 2017 6,167.50 PLANNING & ENGINEERING SERVICES APR 2017 8,677.50 PLANNING & ENGINEERING SERVICES MAY 2017 Check Total: 21,268.75 06/30/2017 E. MAJDALANI CONSTRUCTION 39,443.00 CONSTRUCTION MGMT-FALLON SPORTS PARK 06/30/2017 EAST BAY POOL SERVICE, INC. 19,180.00 POOL MAINTENANCE FOR THE WAVE 06/30/2017 EAST BAY RESTAURANT SUPPLY,INC 17,311.56 CONCESSION EQUIPMENT FALLON SPORTS PARK 06/30/2017 ECOLAB, INC. 582.21 SHANNON CENTER SUPPLIES 06/30/2017 ELITE AUTO GLASS INC 496.28 POLICE VEHICLE REPAIRS 06/30/2017 EMPLOYMENT DEVELOPMENT DEPT 16,616.67 CA STATE WITHHOLDING: PE 6/23/17 06/30/2017 ENGEO INC 168.24 FALLON CROSSING GHAD CONSULTING SERVICES 2,185.44 FALLON VILLAGE GHAD CONSULTING SERVICES 3,291.78 FALLON VILLAGE GHAD CONSULTING SERVICES 2,119.86 SCHAEFER GHAD CONSULTING SERVICES 1,587.93 SCHAEFER GHAD CONSULTING SERVICES Check Total: 9,353.25 06/30/2017 ENVIRONMENTAL FORESIGHT INC 10,269.32 SEAN DIAMOND PARK DESIGN SERVICES 06/30/2017 FEDEX 112.68 EXPRESS SHIPPING 06/30/2017 FIRST CARBON SOLUTIONS 18,960.00 PLANNING SERVICES-IKEA PROJECT EIR 06/30/2017 FLAG COMPANY, THE 714.75 U.S. AND CA FLAGS FOR CITY FACILITIES 06/30/2017 GEOCON CONSULTANTS, INC. 1,345.00 STORM DRAIN TRASH CAPTURE PROJECT 06/30/2017 GOLDEN STATE FLEET SVCS INC 95.00 POLICE VEHICLE MAINTENANCE 4.8.a Packet Pg. 105 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 12 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 06/30/2017 GUIDA SURVEYING INC. 2,768.50 ENGINEERING SERVICES MAY 2017 06/30/2017 H. T. HARVEY & ASSOCIATES 3,663.87 CONSULTING SVCS-DOUGHERTY RD IMPROVEMENTS 06/30/2017 HAAG, JERRY P 1,354.27 CEQA DOCS TASSAJARA PRECISE PLAN 2,312.50 PLANNING SERVICES - MAY 2017 Check Total: 3,666.77 06/30/2017 HARRIS & ASSOCIATES 5,000.00 DESIGN SVCS ANNUAL STREET RESURFACING PROJ 06/30/2017 HARVEY'S CLEANERS AND LAUNDRY 23.65 TABLECLOTHS DRY CLEANING PD ACADEMY MTG 06/30/2017 I C M A 401 PLAN 22,558.86 DEFERRED COMP 401A: PE 6/23/17 06/30/2017 I C M A 457 PLAN 23,504.54 DEFERRED COMP 457: PE 6/23/17 06/30/2017 INTERNAL REVENUE SERVICE 64,659.01 FEDERAL WITHHOLDING: PE 6/23/17 06/30/2017 JARVIS, FAY, DOPORTO & GIBSON 65.00 LEGAL SERVICES FOR BART EXPANSION 06/30/2017 KIDANGO, INC. 2,092.60 COMMUNITY SUPPORT GRANT 06/30/2017 KIMLEY-HORN AND ASSOC. INC. 13,690.00 CEQA ANALYSIS-CARL ZEISS PROJECT 5,670.35 DOUGHERTY ROAD WIDENING PROJECT 7,128.80 TRAFFIC MGMT PLAN/INDEX UPDATE-DOUGHERTY RD Check Total: 26,489.15 06/30/2017 KITTELSON & ASSOCIATES, INC. 982.27 ENGINEERING SERVICES APR 2017 06/30/2017 LAI & ASSOCIATES 4,438.65 GEOTECHNICAL SERVICES-FALLON SPORTS PARK 06/30/2017 LANDSEA HOLDINGS CORP. 37,201.10 REFUND CASH COMPLETION BOND 06/30/2017 LANLOGIC INC. 3,700.00 NETWORK ENGINEERING & SUPPORT SERVICES 2,200.00 SERVER NETWORK MONITORING SERVICES Check Total: 5,900.00 06/30/2017 LEEDHAM, KATHERINE 2,000.00 TUESDAY CONCERT SERIES ENTERTAINMENT 06/30/2017 LIVERMORE HARLEY DAVIDSON 676.13 POLICE MOTORCYCLE MAINTENANCE 06/30/2017 LOEWKE PLANNING ASSOCIATES 8,460.00 PLANNING SERVICES-MAY 2017 06/30/2017 LYNX TECHNOLOGIES, INC. 2,250.00 GIS SERVICES 06/30/2017 MACKAY & SOMPS CIVIL ENGINEERS 102,732.58 TASSAJARA RD REALIGNMENT & DESIGN PROJECT 06/30/2017 MATRISCOPE ENGINEERING 2,937.15 INSPECTION & TESTING-FALLON SPORTS PARK 06/30/2017 MAZE & ASSOCIATES 1,390.00 ACAP AUDIT SERVICES FOR 2016 06/30/2017 MCE CORPORATION 629,609.50 BUILDING MAINTENANCE MAY 2017 06/30/2017 MEYERS NAVE 63,366.65 LEGAL SERVICES APR 2017 55,351.48 LEGAL SERVICES FEB 2017 Check Total: 118,718.13 06/30/2017 M-GROUP 9,262.50 PLANNING SERVICES MAY 2017 06/30/2017 MMANC 55.00 MMANC 2017 SUMMER SYMPOSIUM REG-SIMMONS 55.00 MMANC SUMMER SYMPOSIUM REG-CONLON Check Total: 110.00 06/30/2017 NEOPOST USA INC 674.15 FOLDING MACHINE MAINTENANCE JUL-SEP 2017 3,333.10 POSTAGE MACHINE MAINT & METER RENTAL FY17-18 Check Total: 4,007.25 06/30/2017 OMG NATIONAL 487.21 CRIME PREVENTION PROMOTIONAL SUPPLIES 06/30/2017 OPEN HEART KITCHEN 3,035.10 COMMUNITY SUPPORT GRANT 06/30/2017 ORION SAFETY PRODUCTS 748.62 POLICE FLARES 06/30/2017 OVERTON, KIMBERLY 1,000.00 UTILITY BOX ART PILOT PROJECT-BOX A 06/30/2017 OZUNA, CHELSEA 225.00 FARMERS’ MARKET COOKING DEMONSTRATION 06/30/2017 PACHECO BROTHERS GARDENING INC 3,615.00 ASSESSMENT DISTRICTS LANDSCAPING SERVICES 06/30/2017 PAKPOUR CONSULTING GROUP, INC. 18,640.65 ENGINEERING SERVICES MAY 2017 06/30/2017 PARNES, REBECCA 945.00 REIMBURSE DUBLIN PRIDE SUPPLIES 06/30/2017 PEREZ, JOVAN 190.00 PERFORMANCE AT FAMILY CAMP OUT 4.8.a Packet Pg. 106 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 13 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 06/30/2017 PG&E 9,308.68 SERVICE TO 06/07/17 2,465.18 SERVICE TO 06/12/17 31,154.30 SERVICE TO 06/13/17 11,148.17 SERVICE TO 06/14/17 Check Total: 54,076.33 06/30/2017 PGADESIGN INC. 4,410.00 LANDSCAPE ARCHITECTURE SVCS-SUBAREA 3 7,657.52 LANDSCAPE ARCHITECTURE SVCS-SUBAREA 3 Check Total: 12,067.52 06/30/2017 PLEASANTON, CITY OF 10,069.89 AXIS HUD SECTION 8 LOAN PAYMENT 06/30/2017 PRIME TIME ENTERTAINMENT INC 3,000.00 FARMERS' MARKET ENTERTAINMENT 06/30/2017 PUBLIC BENEFIT TECHNOLOGY 375.00 CITY COUNCIL MEETING VIDEO SERVICES APR 2017 390.00 CITY COUNCIL MEETING VIDEO SERVICES MAY 2017 Check Total: 765.00 06/30/2017 PURSUIT NORTH 60.83 POLICE VEHICLE MAINTENANCE 06/30/2017 QUENCH USA, INC. 895.86 WATER FILTRATION SYSTEM JUN-JUL 2017 06/30/2017 RAYNE OF SAN JOSE 144.65 WATER SOFTENER SERVICES F/S #16 163.80 WATER SOFTENER SERVICES F/S #17 121.80 WATER SOFTENER SERVICES F/S #18 Check Total: 430.25 06/30/2017 REGIONAL GOVERNMENT SERVICES 1,228.20 AUDITING SVCS FOR HUMAN RESOURCES DIVISION 06/30/2017 RRM DESIGN GROUP, A CA CORP 7,435.00 PLANNING SERVICES-MAY 2017 06/30/2017 S & C ENGINEERS, INC. 52,413.77 CONSTRUCTION ADMIN DOUGHERTY RD IMPROV 06/30/2017 SAN FRANCISCO ELEVATOR SVC INC 1,328.66 ELEVATOR SERVICE & IMPROVEMENTS 300.00 ELEVATOR SERVICE-JUN 2017 Check Total: 1,628.66 06/30/2017 SAN LEANDRO, CITY OF 360.00 AGENCY ANNUAL DUES FY16-17 06/30/2017 SCHOOL OF IMAGINATION 11,500.00 COMMUNITY SUPPORT GRANT FY16-17 06/30/2017 SELECT IMAGING 490.75 ECONOMIC DEVELOPMENT SUPPLIES 06/30/2017 SHAMROCK OFFICE SOLUTIONS INC 4,908.80 COPIER MAINTENANCE AGREEMENT & COPIES 13,117.09 COPIERS & PRINTERS FOR THE WAVE Check Total: 18,025.89 06/30/2017 SHUMS CODA ASSOCIATES INC 3,025.00 INSPECTION & PLAN CHECK SERVICES-MAY 201 06/30/2017 SIERRA INSTALLATIONS, INC 1,999.50 BANNER INSTALLATION AND CHANGE-OUTS 06/30/2017 SINGH, JASHANJOT 750.00 REFUND DEPOSIT - SHANNON CENTER RENTAL 06/30/2017 SMART WAVE TECHNOLOGIES, LLC 11,753.17 DOWNTOWN WI-FI ANNUAL SUPPORT 06/30/2017 SNG & ASSOCIATES INC. 34,229.50 ENGINEERING SERVICES MAR 2017 06/30/2017 SORCERER SOFTBALL CLUB, INC. 302.40 SPORTS FIELD RENTAL REFUND 06/30/2017 SPECTRUM COMMUNITY SVCS INC. 3.45 COMMUNITY SUPPORT GRANT FY16-17 06/30/2017 STONERIDGE CHRYSLER JEEP DODGE 1,977.09 POLICE VEHICLE MAINTENANCE 06/30/2017 STUDIO BLUE REPROGRAPHICS 261.27 PRINTING SERVICES-DUBLIN SPORTS GROUNDS 1,034.76 PRINTING SERVICES-SEAN DIAMOND PARK Check Total: 1,296.03 06/30/2017 SURF TO SNOW ENVIRONMENTAL 9,211.25 BUSINESS STORMWATER INSPECTIONS APR 2017 06/30/2017 SYMBOLARTS, LLC. 2,545.00 35TH ANNIVERSARY SUPPLIES 06/30/2017 SZOPA, HEATHER 180.00 REFUND PRESCHOOL FEES 06/30/2017 TORRES, RACHAEL 725.00 REFUND DEPOSIT- SHANNON CENTER RENTAL 06/30/2017 TPX COMMUNICATIONS 2,559.04 INTERNET & PHONE SERVICES TO 7/8/17 06/30/2017 TRB AND ASSOCIATES, INC. 1,440.00 INSPECTION & PLAN CHECK SERVICES MAY 2017 06/30/2017 TREASURER ALAMEDA COUNTY 1,581.00 PARKING CITATIONS COLLECTED MAY 2017 4.8.a Packet Pg. 107 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Print Date: 07/05/2017 City of Dublin Page 14 of 14 Payment Issuance Report Payments Dated 6/1/2017 through 6/30/2017 Date Issued Payee Amount Description 06/30/2017 TRI-VALLEY COMMUNITY TV 10,195.75 STATE OF THE CITY VIDEO PROJECT 1,269.51 VIDEO PLANNING COMMISSION MEETINGS MAY 2017 Check Total: 11,465.26 06/30/2017 US BANK - PARS 8,743.96 PARS: PE 6/23/17 06/30/2017 VAN SICKLE & ROLLERI, LLC 12,654.46 CAMP PARKS MILITARY HISTORY CENTER DESIGN 06/30/2017 VERIZON WIRELESS 1,813.13 POLICE CELL PHONE SERVICE TO 06/03/17 06/30/2017 VERMONT SYSTEMS, INC. 10,776.00 RECREATION SOFTWARE ANNUAL MAINT FEES 06/30/2017 WAGEWORKS, INC. 3,712.03 WAGEWORKS 2017: PE 6/23/17 06/30/2017 WC3-WEST COAST CODE CONSULTANT 33,785.00 INSPECTION & PLAN CHECK SERVICES-MAY 2017 06/30/2017 WEST CORPORATION 10,500.00 AQUATIC COMPLEX SECURITY/ACCESS CONSULTING 06/30/2017 WHITE, NANCY 240.00 REFUND PRESCHOOL FEES 06/30/2017 WILLDAN FINANCIAL SERVICES 1,567.00 CONSULTING SERVICES - FIRE IMPACT FEES 2,557.00 PUBLIC FACILITIES FEE UPDATE Check Total: 4,124.00 06/30/2017 ZUMWALT ENGINEERING GROUP 24,386.00 ENGINEERING SERVICES MAY 2017 Payments Issued 6/30/2017 Total: 1,938,367.58 Grand Total for Payments Dated 6/1/2017 through 6/30/2017: 9,313,701.00 Total Number of Payments Issued: 419 4.8.a Packet Pg. 108 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - J u n e 2 0 1 7 ( 1 5 2 9 : P a y m e n t I s s u a n c e R e p o r t f o r J u n e 2 0 1 7 ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Shannon Center Parking Lot Improvements Project No. PK0316 - Approval of Plans and Specifications and Award of Contract Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will consider approving the plans and specifications and awarding a construction contract to GradeTech, Inc. for the Shannon Ce nter Parking Lot Improvements Project (CIP No. PK0316). The City Council will also consider approving a budget change to increase project funding. The project will refurbish the parking lot surface, replace and add parking lot lighting, improve drainage, rejuvenate the landscaping, and make modifications to comply with Americans with Disabilities Act. STAFF RECOMMENDATION: Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to GradeTech Inc. for the Shannon Center Parking L ot Improvements Project (CIP No. PK0316), and approve the budget change. FINANCIAL IMPACT: The total adopted Fiscal Year 2017-2018 budget for the Shannon Center Parking Lot Improvements (CIP No. PK0316) including design, inspection and administration, improvements and other miscellaneous costs is $1,075,000, funded by a General Fund Reserve set up for the Project. A budget appropriation in the amount of $75,000 is required to award the project. Staff recommends taking this amount from the General Fund Reserve for Non-Streets CIP Commitments (current balance is $3,879,516). The following table reflects project funding sources and proposed expenditures for the improvements: Project Funding Sources General Fund $1,075,000.00 Total Funding $1,075,000.00 4.9 Packet Pg. 109 Page 2 of 3 Proposed Project Expenditures GradeTech, Inc Contract $852,199.30 Construction Contingency $85,000.00 Design, Admin., Inspection, etc. $212,800.70 Total Expenditures $1,150,000.00 Project Budget Shortfall ($75,000.00) Recommended Budget Change $75,000.00 Funding Source – General Fund Reserve for Non-Streets CIP Commitments DESCRIPTION: The 2016-2021 Capital Improvement Program (CIP) includes the Shannon Center Parking Lot Improvements Project (CIP No. PK0316). Project plans and specifications were completed and the project was advertised in June 2017 . Bids were received and opened on July 11, 2017, and the project is ready for construction to begin at the end of August 2017. The project will refurbish the parking lot surface, replace and add parking lot lighting, improve drainage, rejuvenate the landscaping, and make modifi cations to comply with Americans with Disabilities Act. Also included in this project is the replacement of a retaining wall between the parking lot and the Sa n Ramon pedestrian trail and installation of infrastructure to support two future electric vehicle charging stations. This project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines. The timing of project construction is scheduled for the slower use period for the Shannon Center, while still occurring during anticipated dry weather to facilitate construction. Parking for the Shannon Center and Shannon Park will be impacted during construction. Construction will be phased in such a manner to limit the parking spaces that the contractor can occupy for construction activities to no more than 50% at any single time. A total of two sealed bids were received on July 11, 2017, ranging from $852,199.30 to $879,980.00. A summary of the bids is provided as Attachment 2. The low bid of $852,199.30 was submitted by GradeTech, Inc. The construction estimate was $750,000.00 and the low bid is approximately 14% higher than the estimate. The bids received are within approximately 3% of each oth er, represent the current market rate for the project, and can be attributed to the current Bay Area construction bidding environment. Staff has reviewed the bid results, checked references and necessary licenses, and recommends that the City Council adopt the Resolution (Attachment 3) awarding the construction contract to GradeTech, Inc. as the lowest responsive bidder. 4.9 Packet Pg. 110 Page 3 of 3 To facilitate the approval of contract change orders and to avoid construction delay, it is requested that the City Manager be authorize d to approve change orders up to the contingency amount of $85,000.00, as reflected in the Resolution. In order to include the recommended construction contingency, the project budget must be increased by $75,000.00. Staff recommends that City Council approve a project budget change to appropriate this amount from the General Fund Reserve for Non-Streets CIP Commitments. Staff expects the project to begin in late August and anticipates completion of the majority of the improvements by December 2017. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this staff report was sent to GradeTech Inc. ATTACHMENTS: 1. Shannon Parking Lot Location Map 2. Bid Results 3. Resolution Approving the Plans and Specifications and Awarding a Contract to GradeTech Inc. for the Shannon Center Parking Lot Improvements Project (CIP No. PK0316) 4. Budget Change Form 4.9 Packet Pg. 111 2001000 Copyright - City Of Dublin 200 Feet Notes Attachment 1 Legend This map is based on City of Dublin GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors. Location Map of Proposed Improvements 6/5/2015 1 inch :100 feet1,2001 : 4.9.a Packet Pg. 112 At t a c h m e n t : 1 . S h a n n o n P a r k i n g L o t L o c a t i o n M a p ( 1 5 3 1 : S h a n n o n C e n t e r P a r k i n g L o t A w a r d ) Shannon Parking Lot Improvements PK0316 Bid Date: BASED BID ITEM Qty.UNIT Unit CostExtensionUnit CostExtension 1 1LS$70,000.00$70,000.00$36,000.00$36,000.00 2 1LS$1,800.00$1,800.00$6,500.00$6,500.00 3 1LS$2,000.00$2,000.00$12,000.00$12,000.00 4 1LS$34,700.00$34,700.00$24,000.00$24,000.00 5 42,650SF$1.75$74,637.50$0.80$34,120.00 6 13,270SF$2.00$26,540.00$2.00$26,540.00 7 520SF$9.00$4,680.00$9.00$4,680.00 8 1,210LF$8.00$9,680.00$18.00$21,780.00 9 460LF$25.00$11,500.00$21.00$9,660.00 10 1,040SF$4.00$4,160.00$6.00$6,240.00 11 160LF$12.00$1,920.00$34.00$5,440.00 12 4EA$20.00$80.00$50.00$200.00 13 4,350SF$5.50$23,925.00$6.00$26,100.00 14 1LS$1,000.00$1,000.00$4,000.00$4,000.00 15 180CY$83.00$14,940.00$193.00$34,740.00 16 180CY$100.00$18,000.00$266.00$47,880.00 17 100TON$200.00$20,000.00$220.00$22,000.00 18 550TON$120.00$66,000.00$240.00$132,000.00 19 1,300LF$60.00$78,000.00$52.00$67,600.00 20 600LF$60.00$36,000.00$62.00$37,200.00 21 1,960LF$20.00$39,200.00$12.00$23,520.00 22 160LF$300.00$48,000.00$46.00$7,360.00 23 1EA$3,000.00$3,000.00$3,200.00$3,200.00 24 1EA$3,000.00$3,000.00$6,400.00$6,400.00 25 200SF$50.00$10,000.00$52.00$10,400.00 26 2EA$100.00$200.00$100.00$200.00 27 2EA$800.00$1,600.00$450.00$900.00 28 70LF$43.00$3,010.00$50.00$3,500.00 29 4,000LF$1.98$7,920.00$2.15$8,600.00 30 200SF$14.40$2,880.00$16.00$3,200.00 31 810LF$1.68$1,360.80$2.00$1,620.00 32 1LS$300.00$300.00$800.00$800.00 33 40SF$200.00$8,000.00$330.00$13,200.00 34 3EA$270.00$810.00$300.00$900.00 35 1LS$6,100.00$6,100.00$7,500.00$7,500.00 36 1LS$20,000.00$20,000.00$14,700.00$14,700.00 37 1LS$65,520.00$65,520.00$71,000.00$71,000.00 38 1LS$8,880.00$8,880.00$10,000.00$10,000.00 39 1LS$20,160.00$20,160.00$22,000.00$22,000.00 40 1LS$6,720.00$6,720.00$7,300.00$7,300.00 41 1LS$95,976.00$95,976.00$105,000.00$105,000.00 TOTAL $852,199.30 $879,980.00 Landscape Maintenance Roadside Sign Tree Protection and Pruning Decomposed Granite Dressing Irrigation Landscape Soil Preparation Planting 2" Electric Vehicle Charging Station Conduit with Pull Rope 4" Thermoplastic Traffic Stripe Thermoplastic Pavement Marking Curb Painting (Red) Remove Timber Retaining Wall Concrete Retaining Wall (4') Concrete Valley Gutter Curb Ramp (Type F) Curb Ramp (Type C Mod) Detectable Warning Surface Parking Bumper Adjust Utility Box to Grade 3" Hot Mix Asphalt (Type A) Concrete Curb Parking Lot Lighting DESCRIPTION Mobilization (Not to Exceed 10% of Total Bid) Remove Concrete Curb Excavation Traffic Control Curb and Gutter Concrete Sidewalk SPOSETO ENGINEERING Remove Landscaping and Irrigation Construction Area Signs Cold Plane Asphalt Concrete Pavement (2" Min) Water Pollution Control Work PUBLIC WORKS DEPARTMENT Remove Concrete Valley Gutter Remove Concrete Bands Remove Concrete Sidewalk 12" Aggregate Base (Class 2) Develop Water Supply Hot Mix Asphalt Overlay (2" Min) Remove Pavers Remove Parking Bumper Remove Concrete Curb and Gutter CITY OF DUBLIN ENGINEERING DIVISION BID SUMMARY July 11, 2017 Project Name: Project No. : GRADE TECH INC 1 4.9.b Packet Pg. 113 At t a c h m e n t : 2 . B i d R e s u l t s ( 1 5 3 1 : S h a n n o n C e n t e r P a r k i n g L o t A w a r d ) ATTACHMENT 3 RESOLUTION NO. XX- 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO GRADETECH, INC FOR THE SHANNON CENTER PARKING LOT IMPROVEMENTS PROJECT (CIP NO. PK0316). WHEREAS, Staff completed plans and specifications for the Shannon Center Parking Lot Improvements Project, CIP No. PK0316 (the Project). The work includes refurbish the parking lot surface, replace and add parking lot lighting, improve drainage, rejuvenate the landscaping, and make modifications to comply with American s with Disabilities Act ; and WHEREAS, the City of Dublin did, on July 11, 2017, publicly open, examine, and declare all sealed bids for doing the work described in the approved Plans, Speci fications, and Modifications for the Project, which Plans, Specifications, and Modifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to the Public Works Director, who has recommended that the bid hereinafter is the lowest and best bid for doing said work . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the plans and specif ications for the Project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does h ereby award the Contract for Project No. PK0316, Shannon Center Parking Lot Imp rovement Project, to the lowest responsible bidder therefore, to wit, GradeTech, Inc., at a bid of Eight Hundred and Fifty-Two Thousand, One Hundred and Ninety -Nine Dollars and Thirty Cents ($852,199.30), the particulars of which bid are on file in the Office of the Public Works Director. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or his designee to approve the project Contract Change Orders based on the appropriated funds d esignated for Project No. PK0316 up to the contingency amount of $85,000.00. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Construction Agreement with GradeTech, Inc. PASSED, APPROVED AND ADOPTED this 18th day of July, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _____________________________ City Clerk 4.9.c Packet Pg. 114 At t a c h m e n t : 3 . R e s o l u t i o n A p p r o v i n g t h e P l a n s a n d S p e c i f i c a t i o n s a n d A w a r d i n g a C o n t r a c t t o G r a d e T e c h I n c . f o r t h e S h a n n o n C e n t e r P a r k i n g Budget Change Reference #: From Un-Appropriated Reserves Budget Transfer Between Funds From Designated Reserves x Other Account Amount Account Amount PK0316.9400.9401(Improvements - Not Bldg)$75,000 3500.9501.49999 (Transfer In)$75,000 PK0316.1001 (1001.9501.89101) General Fund - Transfer Out $75,000 7/18/2017 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN Bids received are higher than the project budget. The additional funding source will be the General Fund Reserve for Non-Streets CIP Commitments. REASON FOR BUDGET CHANGE FISCAL YEAR 2017-18 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT Parks CIP - Shannon Center Parking Lot Improvements City Council's Approval Required C:\Users\carolines\appdata\local\temp\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\2362 2362 4.9.d Packet Pg. 115 At t a c h m e n t : 4 . B u d g e t C h a n g e F o r m ( 1 5 3 1 : S h a n n o n C e n t e r P a r k i n g L o t A w a r d ) Page 1 of 5 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Report on the Arts Space Grant Pilot Program Prepared by: Tegan McLane, Cultural Arts & Heritage Manager EXECUTIVE SUMMARY: The City Council will receive a report on the Arts Space Grant Pilot Program and consider Staff's recommendations for modifications. STAFF RECOMMENDATION: Modify the Arts Space Grants program by accepting simplified applications on a rolling deadline, via a set criterion and approved at the Staff level. Staff would prepare an annual review of the program and present it to the Heritage and Cultural Arts Commission and the City Council. FINANCIAL IMPACT: The City budgeted $2,600 in FY 2016-17 for the Arts Space Grant Pilot Program for direct costs. The actual expenditure was $840 to cover direct costs for Facility Attendants. This budget and spending was exclusive of Staff time to implement the Program, which was estimated at approximately 30 hours. DESCRIPTION: At the July 19, 2016 meeting, the City Council approved and funded an Arts Space Grant Pilot Program, under which arts nonprofits could apply for an d be awarded fee- waived use of certain City facilities and Dublin High School Center for the Performing Arts. On November 1, 2017, the City Council approved the Heritage and Cultural Arts Commission (HCAC) recommendations for space grants to four organizations. Three of these implemented their programs at Dublin facilities this year and completed their final reports as required. Reports from the organizations are below: East Bay Marathi Mandal East Bay Marathi Mandal (EBMM) was awarded a concert date at Dublin High School 4.10 Packet Pg. 116 Page 2 of 5 Center for the Performing Arts to present Soul And Spice: An Indian Jazz Journey, featuring well-known jazz saxophonist George Brooks, along with Grammy-nominated Indian violinist Kala Ramnath, Egyptian pianist Osam Ezzeldin, German bassist and composer Kai Eckhardt and leading South Indian frame drum player Selva Ganesh Vinayakram. The performance drew 295 audience members, of which 44 were Dublin residents. Based on audience testimonials, was very well-received. EBMM was very appreciative of and complimentary about the space. However, they noted that it was a challenge to provide concert details so far in advance, particularly when dealing with overseas artists. EBMM also requested the City consider monetary grants to arts organizations. (Attachment 1) Amador Valley Quilters Amador Valley Quilters’ Quiltinators group was awarded one day a month for six months at the Dublin Library, January through June, for a free beginning quilting workshop where experienced quilters coach those new to quilting, and the group creates quilts to be donated to local organizations that provide comfort to people in crisis. They created 68 quilts. Nineteen quilters participated , four of which were Dublin residents. Based on participant testimonials, the Quiltinators were also happy with the facility and expressed interest in continuing to meet at the library. Their suggestions for improving the program were: “Make it less complicated” and “shorten the time it takes to find out if you have a grant or not.” (Attachment 2) Futures Explored Futures Explored was awarded one day a week for 10 weeks at the Sunday School Heritage Barn to offer a film-making class for young people. Futures Explored is vocational program for adults with special needs. Participants in their vocational program were employed as teaching assistants. There were five students enrolled in the class, though none were Dublin residents. Feedback from students/parents was very positive, and City staff was impressed with the high quality of the student films presented at the screening. Futures Explored was pleased with the space, though they indicated the “time frames were too tight” and they could have used more publicity. (Attachment 3) Dublin Historical Preservation Association Dublin Historical Preservation Association (DHPA) was awarded a space grant to display aerial photographs in the City Hall lobby. However, DHPA withdrew from the grant process citing it as too time-consuming, cumbersome and expensive. Under current rules, organizations are required to put down a security deposit and have insurance comparable to that required of a facility renter. Staff Observations The Arts Space Grant Pilot Project’s goals were to foster arts in Dublin and make a wider variety of arts programs available to Dublin residents. The projects that were completed were very different from other arts activities previously offered in Dublin, and the artistic quality was very high. However, the number of Dublin residents served was very low. The low Dublin turnout is likely due to the fact that the Pilot Program provided only space and placed the burden of publicity on the nonprofit organizations. As this program encouraged nonprofits that were new to Dublin and these groups had limited staff and 4.10 Packet Pg. 117 Page 3 of 5 financial resources for publicizing their programs, it appears all three did better at bringing in audience members from other cities who were already somewhat familiar with their programs than they did at attracting new Dublin audiences. While Staff believes encouraging more arts organizations to offer programming in Dublin is important, the space grant mechanism (as currently designed), proved burdensome for both the organizations and City Staff , particularly as it relates to the administration of the grant requirements. In order to increase participation from arts organizations, and consequently increase arts opportunities for the Dublin community, Staff suggests modifying and simplifying the process by easing grant procedures and eligibility requirements (See Table below). Staff proposes to use a shorter application and existing agreement formats, such as a Facility Rental Agreement, Performer Agreement, or Instructor Agreement, depending on the type of application. These are all routine ways in which the City allows for event s and activities to occur on City property. Table – Proposed Modifications to Arts Space Grant Program Current Proposed Changes Eligibility Requirements  501c3 status or fiscal sponsor  Standard insurance requirements  Business licenses;  $500 security deposit  Mandatory info meeting  Provide discount or priority registration to Dublin residents  Volunteers working with children must pass background check  Fiscal sponsor no longer required  Security deposit may be waived at Director’s discretion  No mandatory meeting To protect the City, insurance requirements and background checks cannot be waived. Application Process  Annual application period  Applicants must propose quantitative measure of success  Mandatory attendance at HCAC review  Mandatory attendance at City Council  Rolling deadline for applications  Staff will work with applicants to identify mutually acceptable measures of success, and will provide report form at time of acceptance  Staff review only; in the event of conflicting requests, first-come, first-served rule applies 4.10 Packet Pg. 118 Page 4 of 5 Current Proposed Changes Grant Priorities  Foster the arts in Dublin  Make wider variety of arts available to Dublin residents  Foster the arts in Dublin  Make a wider variety of arts available to Dublin residents  Dublin-based organizations, artists; free or discounted programs for Dublin residents Review  Report required and is presented to City Council  Report required  Consolidated annual report presented to City Council Staff suggests accepting applications on a rolling deadline. This would allow the City to be more responsive to organization’s needs and take advantage of interesting opportunities for residents. Organizations that submit and are approved early could benefit from complimentary publicity in the City's promotional materials. Staff believes the process of granting space could be made more efficient if these requests were screened and approved by Staff with the revised criteria in the above table. Staff proposes that an annual report be submitted to the HCAC and City Council. Special Concerns with Dublin High School Center for the Performing Arts Because of scheduling procedures at the high school, City Staff must reserve dates in June prior to the upcoming school year. Dates available to the City are very limited, and are mostly restricted to week nights. As a result, only one organization applied t o use the space, and it was an organization that is ordinarily a renter at the facility. Further, because of the length of time necessary to publicize the available dates, wait for applications, and follow the HCAC recommendation and Council approval pro cess, the City was delayed in programming its own dates. As result, many of City’s dates went unused during the 2016-17 school year. To maximize high quality programming for the general public at Dublin High School Center for the Performing Arts, Staff recommends that the City directly program all of the dates available to it, and begin publicizing performances by late summer. This would allow the City to develop a presenting series that suits the community’s interests and is designed to build a sufficient audience-base to sustain itself at a cost-neutral level. If the City wishes to make the Dublin High School Center for the Performing Arts available for local arts organizations to perform there, it can actively encourage local organizations to propose shows that the City could present. As a presenter, the City handles publicity and box office services and collects ticket fees. It pays the artist a negotiated guaranteed minimum and a percentage of ticket sales above a certain point. The goal of any City-sponsored performance would be to make the event revenue neutral or better for the City. 4.10 Packet Pg. 119 Page 5 of 5 Continuing to provide nonprofit organizations and artists with free or reduced cost access to City facilities is a benefit to the Dublin community, as it increases the arts opportunities available to the public and fosters the development of a robust arts community appropriate to a City of Dublin’s size. If simplifying the procedure encourages more organizations to apply and be awarded space, direct costs for Facility Attendants may increase slightly. However, streamlining the grant component will reduce the indirect cost of the Recreation Supervisor’s time . NOTICING REQUIREMENTS/PUBLIC OUTREACH: Recipients of the Arts Space Grants were provided a copy of this report. ATTACHMENTS: 1. Arts Space Grantee Report - East Bay Marathi Mandal 2. Arts Space Grantee Report - Quiltinators 3. Arts Space Grantee Report - Futures Explored 4. Art Space Grants Pilot Program Application 4.10 Packet Pg. 120 • o • o o o o o • o o o 4.10.a Packet Pg. 121 At t a c h m e n t : 1 . A r t s S p a c e G r a n t e e R e p o r t - E a s t B a y M a r a t h i M a n d a l ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) 4.10.a Packet Pg. 122 At t a c h m e n t : 1 . A r t s S p a c e G r a n t e e R e p o r t - E a s t B a y M a r a t h i M a n d a l ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) • o • o • o • o 4.10.b Packet Pg. 123 At t a c h m e n t : 2 . A r t s S p a c e G r a n t e e R e p o r t - Q u i l t i n a t o r s ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) 4.10.b Packet Pg. 124 At t a c h m e n t : 2 . A r t s S p a c e G r a n t e e R e p o r t - Q u i l t i n a t o r s ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) 4.10.b Packet Pg. 125 At t a c h m e n t : 2 . A r t s S p a c e G r a n t e e R e p o r t - Q u i l t i n a t o r s ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) • o • o • o • o • o • • o • o 4.10.c Packet Pg. 126 At t a c h m e n t : 3 . A r t s S p a c e G r a n t e e R e p o r t - F u t u r e s E x p l o r e d ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) 4.10.c Packet Pg. 127 At t a c h m e n t : 3 . A r t s S p a c e G r a n t e e R e p o r t - F u t u r e s E x p l o r e d ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) City of Dublin Arts Space Grant Pilot Program Application Information 4.10.d Packet Pg. 128 At t a c h m e n t : 4 . A r t S p a c e G r a n t s P i l o t P r o g r a m A p p l i c a t i o n ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) About This Grant The City of Dublin is piloting an Arts Space Grant program this year to provide in-kind support in the form of free facility use to arts organizations. The goal is to foster the arts in Dublin and make a wider variety of arts programs available to Dublin residents. The program is designed to support both active (participatory) programs like workshops or rehearsals, which encourage residents to actively engage as performers or visual artists, and passive (viewed) programs like performances and exhibits, which expose residents the creative work of others. Under the Arts Space Grant pilot program, non-profit arts organizations may apply to the City of Dublin for space grants to use selected City of Dublin facilities and Dublin High School Center for the Performing Arts and Education at no charge for up to 40 hours per organization. The City will also provide some in- kind marketing support by promoting award recipients’ programs through normal City channels on a space available basis. Arts space is awarded through a formal, competitive grant program, with Heritage and Culture Arts Commission reviewing applications and making recommendations to City Council, for approval of the awards. Organizations receiving space grants are required to submit a brief formal report at the completion of their space use, documenting participation – ticket sales, photos, etc. – and addressing how well the program met the Objective/Outcome/Measures identified in their application. At the conclusion of this pilot program, the Heritage and Cultural Arts Commission will evaluate whether an Arts Space Grant Program meets the needs of arts organizations and the arts goals of the City and will make a recommendation to City Council regarding future Arts Space Grants. As part of the evaluation, Staff will survey arts organizations for input about the Arts Space Grant Pilot Program process. All organizations – regardless of whether they apply for or are awarded space grants – are strongly encouraged to participate in the survey. Arts organization input will help determine whether the Arts Space Grant program is valuable to organizations in our community and if any changes to the process should be considered. Apply online beginning August 22 using the link on the City web site at http://dublin.ca.gov/HCA or https://zoomgrants.com/gprop.asp?donorid=2090&limited=1166 4.10.d Packet Pg. 129 At t a c h m e n t : 4 . A r t S p a c e G r a n t s P i l o t P r o g r a m A p p l i c a t i o n ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) Eligibility To be considered: • Applicant must be a 501c3 nonprofit organization serving City of Dublin residents, or a smaller arts club operating under the fiscal sponsorship of a 501c3. Applicant must provide proof of nonprofit status or letter acknowledging fiscal sponsorship and copy of fiscal sponsor’s nonprofit status. Although applicants must serve Dublin residents, the applicant need not be based in Dublin. • Applicant must have the resources to obtain special event or general liability insurance, just as would be required of any other renter of City-owned or District-owned property. • Applicant must have the resources to provide a refundable security deposit of up to $500. Deposit is fully refundable if the facility is vacated on time and left in good condition. Applicants who cancel their reservation, overstay or leave behind damage or mess are subject to having all or a portion of the security deposit withheld. • Applicant must obtain City of Dublin business license. The City of Dublin does not charge 501c3 organizations for a business license. However 501c3 organizations are responsible for a $1 fee charged by the State of California at the time of application for a business license. • Applicant must attend mandatory informational meeting and the Heritage and Cultural Arts meeting at which the grants are considered. For this grant cycle, the Mandatory Information Meeting is Friday, Sept. 9 at 4 p.m. at Dublin City Hall Regional Meeting Room, 100 Civic Plaza. Applications will be considered at the Heritage and Cultural Arts Meeting, Thursday, October 13, 7 p.m. at Dublin City Hal Council Chambers, 100 Civic Plaza, Dublin. • Groups requesting space for active (participatory) programs, i.e. rehearsals or workshops, must guarantee at least 51% of the participant slots for Dublin residents or provide Dublin residents some sort of discount or priority registration. • Groups requesting space for passive (viewed) programs, i.e. performances or exhibits, need not guarantee a percentage of Dublin residents among the audience. However, groups should note if there are Dublin residents among the cast or displaying artworks. Priority will be given to performances or exhibitions that include the creative work of Dublin residents. • Groups whose events involve minors under age 18 must verify that all employees and volunteers supervising minors have been cleared with a DOJ background check (fingerprinting); passed a TB test in the past two years; and are fully aware of their Mandatory Reporting obligations under the law. 4.10.d Packet Pg. 130 At t a c h m e n t : 4 . A r t S p a c e G r a n t s P i l o t P r o g r a m A p p l i c a t i o n ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) Available Spaces For this pilot project, non-profit arts organizations applicants may request free use of up to 40 hours, or two weeks in the case of art exhibits, at any of the following spaces: Dublin High School Center for the Performing Arts and Education Fully equipped theatrical venue. Suitable for all theater, dance, music productions, as well as film or lectures. Seats 506. Includes technical staff only. Up to ten 8-hour days will be granted total. Choose from these dates, 2:30-10:30 p.m. only (Events must end by 10 p.m.; load-in cannot begin before 2:30 p.m.; load-out must end by 10:30 p.m.): • December 2016: 1, 2, 3, 4, 22 • January 2017: 12 • February 2017: 9, 10,11, 12 • March 2017: 23, 24, 25, 26 • April 2017: 6 • May 2017: 4 Heritage Sunday School Barn Black Box Theater. Suitable for very small theater, dance, acoustic music productions, lectures, non- messy workshops. Seats 100 for performance, 50 for workshops. No technical staff included. Select dates available throughout the year. A total of up to 80 hours will be granted under the program (40 max per organization). Heritage Old St. Raymond Church Suitable for small acoustic music productions, lectures, film, non-messy workshops, participatory music programs. Seats 84. No technical staff included. Most dates available. A total of up to 80 hours will be granted under the program (40 max per organization). Heritage Little Classroom Suitable for small art exhibit installations to hang no more than two weeks. No technical staff included. Available dates are March, April. A total of up to four weeks will be granted under the program (two weeks max per organization). Shannon Center Ambrose Hall Banquet hall with portable stage. Suitable for theater, music productions, art exhibits, film, lectures, non-messy workshops, participatory dance events. Seats up to 300 for performance 150 for workshop. No technical staff included. Select dates available throughout the year. A total of up to 80 hours will be granted under the program (40 max per organization). Dublin Senior Center Banquet hall with small raised stage. Suitable for music productions, art exhibits, film, lectures, non- messy workshops, participatory dance events. Seats up to 248 for performances, 150 for workshop. No technical staff included. Select dates available throughout the year. A total of up to 80 hours will be granted under the program (40 max per organization). Dublin Senior Center Art Classrooms Suitable for messy and non-messy workshops. Seats up to 30. No technical staff included. Select dates available throughout the year. A total of up to 80 hours will be granted under the program (40 max per organization). Dublin Library Community Room Suitable for art exhibit events, lectures, film, non-messy workshops, participatory music events. Seats up to 120 for assembly. 50 workshops. No technical staff included. Select dates available throughout the year. A total of up to 80 hours will be granted under the program (40 max per organization). 4.10.d Packet Pg. 131 At t a c h m e n t : 4 . A r t S p a c e G r a n t s P i l o t P r o g r a m A p p l i c a t i o n ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) Dublin City Hall Lobby Suitable for small art exhibit installations (light weight, two dimensional non-framed pieces only). Most dates available. A total of up to eight weeks will be granted under the program (two weeks max per organization). Application Process • Send an organization representative to mandatory pre-application meeting Monday, August 28, 4 p.m. at Dublin City Hall Regional Meeting Room, 100 Civic Plaza, Dublin. • Apply online using Zoomgrants by Thursday, September 15 at midnight • Expect an email from City staff by September 29 confirming that your application is complete and that the requested dates are available. If none of the requested dates are available, Staff will provide possible alternate dates. • Attend Heritage and Cultural Arts Commission’s meeting on Thursday, October 13, 7 p.m. at Dublin City Hall Council Chambers. Be prepared to make a three-minute presentation and answer any questions the Commission might have. Heritage and Cultural Arts Commission will rank proposals and make recommendations to the City Council for grant awards. • Attend the City Council meeting on Tuesday, November 1, 7 p.m. at Dublin City Hall Council Chambers. Be prepared to answer questions if asked. Grant Awards • Grant recipients will be notified by email on November 2 • Grant recipients will have until November 16, 5 p.m., to provide the following documentation: o City of Dublin business license o General liability insurance or special event insurance ($1 million) o Completed rental application • Grant recipients will have two weeks from the last date of their space grant award to complete a brief project report. Grant recipients who fail to submit a report in a timely fashion will be noted to the Heritage and Cultural Arts Commission and the City Council, and it may negatively impact any future space grant applications from that organization. Questions? Contact Heritage and Cultural Arts Supervisor Laura Johnston, laura.johnston@dublin.ca.gov or (925) 556-4504. 4.10.d Packet Pg. 132 At t a c h m e n t : 4 . A r t S p a c e G r a n t s P i l o t P r o g r a m A p p l i c a t i o n ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) Arts Space Grants Pilot Program Application Worksheet Paper applications are not accepted. This worksheet is only provided for your convenience to assist you in gathering information prior to entering it online. You will need: About Your Organization Organization Name: Principal Officer Name/Title: Contact Person Name/Title: Street Address/City/State/ZIP: Phone/Alternate Phone: Email: Website: Is your organization: • A 501c3 on-profit organization • A smaller arts organization or club operating under a fiscal sponsor Employer Identification Number (EIN): About Your Fiscal Sponsor, If Applicable: Organization Name: Principal Officer Name/Title: Contact Person Name/Title: Street Address/City/State/ZIP: Phone/Alternate Phone: Email: Website: Employer Identification Number (EIN): About Your Event: 4.10.d Packet Pg. 133 At t a c h m e n t : 4 . A r t S p a c e G r a n t s P i l o t P r o g r a m A p p l i c a t i o n ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) Event Name: Event Genre: • Fine Art • Folk Art • Film/Digital Arts • Dance • Theater • Music • Literary Arts • Cultural Art • Multidisciplinary/Other Description of event (3000 characters max): Requested Location: • Dublin High School Center for Performing Arts & Education • Heritage Sunday School Barn • Heritage Old St. Raymond Church • Heritage Little Classroom • Shannon Center Ambrose Hall • Dublin Senior Center Ballroom • Dublin Senior Center Art Classroom • Dublin Library Community Room • Dublin City Hall Lobby Requested Date (limit 40 hours, or two weeks for exhibits): • First Choice Date(s): • Second Choice Date(s) • Third Choice Date(s) Event Type: • Active (participatory) – workshop, rehearsal, class, jam, group art project, open studio, etc. • Passive (viewed) – exhibit, performance, screening, lecture If your event is active (participatory), such as a workshop or rehearsal: • How many people can participate? • How many spots are you willing to guarantee for Dublin residents? • What are you charging to participate? • What discount, if any, are you offering to Dublin residents? If your event is passive (viewed), such as a performance or exhibit: • What audience size do you expect? • What are you charging to attend? • What discount, if any, are you offering Dublin residents? • How many performers or artists do you expect to participate? • List any performers or artists who are Dublin residents. About Your Goals/Measures of Success 4.10.d Packet Pg. 134 At t a c h m e n t : 4 . A r t S p a c e G r a n t s P i l o t P r o g r a m A p p l i c a t i o n ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) Which of these City of Dublin Cultural Arts goals does your program meet? (Check all that apply) • Create more art in public places • Advance historical and cultural aspects of the Dublin Heritage Center • Develop programs and partnerships that support a broad spectrum of cultural arts • Provide consistent and ongoing arts education for Dublin’s youth • Promote and market Dublin’s heritage and cultural arts Describe how your event will meet the City of Dublin Cultural Arts goals and your organizational goals or mission (3000 max). Choose how you will quantitatively measure the success of your program. (Check all that apply and estimate the quantity you expect to achieve. You will be asked to document these after your event.) • Number of artists displaying work • Number of performers • Number of students enrolled in program • Number of public creating art • Number of audience members • Number of exhibit guests • Number of artworks displayed • Number of artworks created • Total participant hours (number of participants x length of time they participated in the space) • Percentage of participants satisfied or very satisfied, based on a survey • Percentage of participants increasing knowledge or skill, based on pre- and post-test. • Percentage of participants • Amount of donations received • Amount of ticket sales • Amount of media coverage received What other evidence will you be able to provide afterward to show how successful your event was? • Critical reviews • Audience reviews/testimonials • Participant reviews/testimonials • Photos of the event • Videos of the event • Performance or exhibit program 4.10.d Packet Pg. 135 At t a c h m e n t : 4 . A r t S p a c e G r a n t s P i l o t P r o g r a m A p p l i c a t i o n ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) About Your Event’s Budget Projected Revenue Participant Fees Ticket Sales Concession Sales Cash donations In-kind donations Other grant funding Other – please indicate Projected Expenses Administrative Office Supplies Marketing Other – please indicate Personnel Administrative Staff Artistic Staff Production Staff Guest Artists Other – please indicate Production Facility Rent Production Supplies Equipment Royalties Meals Artist travel/Lodging Other – please indicate 4.10.d Packet Pg. 136 At t a c h m e n t : 4 . A r t S p a c e G r a n t s P i l o t P r o g r a m A p p l i c a t i o n ( 1 5 2 3 : A r t s S p a c e G r a n t P i l o t P r o j e c t R e p o r t ) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Introduction of Ordinance Amending Chapter 2.12 (Planning Commission) of the Dublin Municipal Code and Amendments to Commission and Committee Bylaws to Revise Policy on Absenteeism Prepared by: Lauren Quint, Assistant City Attorney & Hazel L. Wetherford, Assistant to the City Manager EXECUTIVE SUMMARY: At its April 18, 2017 meeting, the City Council directed Staff to prepare 1) an Ordinance updating Chapter 2.12 (Planning Commission) of the Dublin Municipal Code, and 2) Resolutions adopting revised bylaws for the City’s Heritage and Cultural Arts Commission, Human Services Commission, Parks and Community Services Commission, Senior Center Advisory Committee and Youth Advisory Committee. Under existing City Council-adopted rules, Commissions have a general policy for absenteeism, which requires Commissioners to attend 75% of meetings in any 1 2- month period and any member of a commission may be removed from office with approval of a majority of the City Council. The City Council recommended a new policy that would result in an automatic vacation of office after the third absence in any 12 - month period. STAFF RECOMMENDATION: Waive the reading and INTRODUCE an Ordinance Amending Dublin Municipal Code Chapter 2.12 (Planning Commission); and, adopt the Resolution Updating the Bylaws for the other five City Commissions and Committees. FINANCIAL IMPACT: None. DESCRIPTION: The City of Dublin has Commissions and Committees that serve as advisory bodies to the City Council. Those bodies are listed below: 7.1 Packet Pg. 137 Page 2 of 4 1. Heritage and Cultural Arts Commission (HCAC) 2. Human Services Commission (HSC) 3. Parks and Community Services Commission (PCSC) 4. Planning Commission (PC) 5. Senior Citizen Advisory Committee (SCAC) 6. Youth Advisory Committee (YAC) At its April 18, 2017 meeting, the City Council directed Staff to revise the bylaws for these City’s Commissions and Committees and include a new policy that would result in an automatic vacation of office after the third absence in any 12 -month period. Currently, the bylaws (with the exception of the YAC) include a general policy for absenteeism, which requires Commissioners/Committee Members to attend 75% of meetings in any 12-month period and any member of a commission may be removed from office with approval of a majority of the City Council. Dublin’s Current Policy related to Commission/Committee Absenteeism Five of the six advisory bodies to the City Council (HCAC, HSC, PCSC, SCAC & YAC) have their own set of Bylaws and Rules of Procedure that are not codified in the Municipal Code, but are approved by the City Council. These advisory bodies all include a general policy for absenteeism and removal (in bold below) with the exception of the YAC. HCAC, HSC, PCSC & SCAC Bylaws and Rules of Procedure  Commission members must attend 75% of all regular and special meetings in any 12-month period.  Any member of the Commission may be removed from office with the approval of a majority of the City Council.  The Secretary to the Commission shall notify the Mayor if a Commission Member is absent from three (3) consecutive meetings.  The Commission member shall also be notified that they may be removed from the Commission.  The Secretary to the Commission shall provide the Mayor with monthly or quarterly attendance reports and an annual overview of attendance by Commission Members. Planning Commission The Planning Commission’s absenteeism policy is codified in the Dublin Municipal Code (Chapter 2.12). The policy is also general and is similar to the other advisory bodies.  Commissioners must attend at least 75% percent of regular and special meetings in any 12-month period.  Any Commissioner who is absent from 25% or more meetings within a 12 - month period or is absent from three (3) consecutive meetings may be 7.1 Packet Pg. 138 Page 3 of 4 removed at any time during the Commissioner’s term of office by a majority of the City Council.  Removal and appointment of Planning Commissioners shall be made only at a regularly scheduled meeting of the City Council. Based on City Council’s direction, the new policy for all City Commissions and Committees institutes an automatic vacation of office after the third absence from a regularly scheduled meeting within any twelve (12) month period. Related to the City Council’s direction on absenteeism, Staff is seeking direction on whether to add language to not permit teleconferencing as an option to attend any Commission or Committee meetings. At the July 16, 2013 City Council meeting, the City Council discussed teleconferencing for City Council meetings and agreed that the preference is for Councilmembers to be present in-person for meetings and, in the rare exception that a Councilmember needed to attend via teleconference, only one Councilmember would be allowed to per meeting and it would be the first person to notify the City Clerk (Attachment 1). Staff’s recommendation would be to not permit teleconference as an option at Commission or Committee meetings. In order to effectuate the above -mentioned changes, Staff is recommending that the City Council introduce an Ordinance revising section 2.12.020 of the Dublin Municipal Code. Staff is also recommending the adoption of a Resolution that will amend the bylaws of the Heritage and Cultural Arts Commission, Human Services Commission, Parks and Community Services Commission, Senior Center Advisory Committee and Youth Advisory Committee. The Resolution would become effective immediately, and the Ordinance would become effective and enforced thirty (30) days after adoption. Staff has prepared the attached Ordinance and Resolution to include the language not permitting teleconference as an option to attend Commission and Committee meetings for the City Council’s consideration; however, if the City Council does not approve of Staff’s recommendation regarding the teleconference, then the City Council could approve the proposed Ordinance and Resolution without the section on teleconference. Lastly, as Staff was reviewing the Committee and Commission bylaws, there were certain administrative items that Staff would like to address, such as all Commission and Committee recommendations to the City Council and City Staff, and additional minor administrative changes to make all the Bylaws uniform and consistent. If the City Council were to agree with these recommendations, Staff would bring them back for consideration at a future meeting. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The Staff Report was provided to members of the Heritage & Cultural Arts Commission, Human Services Commission, Parks and Community Services Commission, Planning Commission, Senior Center Advisory Committee, and Youth Advisory Committee. 7.1 Packet Pg. 139 Page 4 of 4 ATTACHMENTS: 1. July 16, 2013 City Council Minutes 2. Ordinance of the City of Dublin Amending Chapter 2.12 (Planning Commission) 3. Resolution Amending Bylaws to the Heritage and Cultural Arts Commission, Human Services Commission, Parks and Community Services Commission, Senior Center Advisory Committee, and the Youth Advisory 4. Exhibit A to Resolution - Heritage & Cultural Arts Commission Bylaws 5. Exhibit B to Resolution - Human Services Commission Bylaws 6. Exhibit C to Resolution - Parks and Community Services Bylaws 7. Exhibit D to Resolution - Senior Center Advisory Committee Bylaws 8. Exhibit E to Resolution - Youth Advisory Committee Bylaws 7.1 Packet Pg. 140 CLOSED SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING -JULY 16, 2013 A closed session was held at 6:30 p.m., regarding: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: A portion of Alameda County Assessor's Parcel No. 905-0002-001-01 on the west side of Croak Road Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Croak Properties LP Under negotiation: Price and terms of payment ---·--- A regular meeting of the Dublin City Council was held on Tuesday, July 16,2013 in the City Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:04 p.m., by Mayor Sbranti. ROLLCALL PRESENT: ABSENT: ---·--- Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti None ~--·~-- PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. ~--·~-- REPORT ON CLOSED SESSION ACTION Mayor Sbranti stated there was no reportable action during Closed Session. ---·--- DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16, 2013 1 7.1.a Packet Pg. 141 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) 7:05p.m. Meeting recessed for the Fallon Village Geologic Hazard Abatement District and Schaefer Ranch Geologic Hazard Abatement District meetings. Meeting called back to order at 7:22:00 PM. ---·--- ORAL COMMUNICATIONS California Youth Energy Services Presentation (CYES) 7:22:05 PM 3.1 The City Council received the presentation from the Rising Sun Energy Center on the CYES program. ---·--- 2013 Business Anniversary Award 7:36:05 PM 3.2 The City Council recognized John Knox Presbyterian Church for being a Dublin business for 50 years. ---·---Proclamation for National Association of REAL TORS® Code of Ethics Centennial 7:40 p.m. 3.3 The City Council presented the proclamation. ---·--- Presentation from East Bay Regional Parks District: Mayors Trail Challenge 7:45:05 PM 3.4 Mayor Sbranti stated the presentation would be rescheduled to the August 20, 2013 City Council meeting. ---·--- DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16,2013 I~ 2 7.1.a Packet Pg. 142 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) National Night Out Proclamation 7:45:50 PM 3.5 The City Council proclaimed Tuesday, August 6, 2013 as National Night Out. ---·--- Fourth of July After Action Report 7:55:05 PM 3.6 The City Council received the Fourth of Juiy After Action report. ---·--- Public Comments 8:07:20 PM 3.7 No comments were made by any member of the public at this time. ---·---CONSENT CALENDAR 8:07:29 PM Items 4.1 through 4.13 Cm. Gupta pulled Item 4.6 for further discussion. On motion of Cm. Hart, seconded by Vm. Biddle and by unanimous vote, the City Council took the following actions: Approved 4.1 minutes of June 8, 2013 and the Regular City Council Meeting of June 18, 2013; Accepted 4.2 Work for Contract No. 13-04, Street Light Pole Painting Contract Adopted 4.3 RESOLUTION NO. 117 -13 ACCEPTING THE OFF-SITE IMPROVEMENT FOR TRACT 8024; ACCEPTING THE TRAFFIC SIGNAL AT POSITANO PARKWAY AND VINTON AVENUE; APPROVING TRAFFIC SIGNAL MODIFICATIONS AT FALLON ROAD AND CENTRAL PARKWAY; AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES INSTALLED WITH THE OFF-SITE IMPROVEMENTS FOR TRACT 8024 JORDAN RANCH, PHASE ONE DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16,2013 I(§) 3 7.1.a Packet Pg. 143 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) Adopted 4.4 RESOLUTION NO. 118 -13 ACCEPTANCE OF IMPROVEMENTS FOR TRACT 7982 CONSTRUCTED WITH TRACT 7652 AT LEE THOMPSON STREET AND APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES AT LEE THOMPSON STREET SORRENTO EAST, TRACT 7652, NEIGHBORHOOD 6 Adopted 4.5 RESOLUTION NO. 119 -13 ACCEPTING THE IN-TRACT IMPROVEMENTS, ACCEPTING THE OFF-SITE IMPROVEMENTS ON TASSJARA ROAD AND FALLON ROAD, ACCEPTING TRAFFIC SIGNALS AND APPROVING THE REGULATORY TRAFFIC CONTROL DEVICES FOR TRACT 7540-SILVERA RANCH, PHASE 4 Accepted 4.7 Storm Drain System Improvements Contract (CIP No. 960017) provides for repair and/or replacement of storm drain pipeline at eight (8) different sites throughout the City of Dublin. Adopted 4.8 RESOLUTION NO. 121 -13 AWARDING CONTRACT N0.13-08, 2013 STORM DRAIN SYSTEM IMPROVEMENTS CONTRACT TO SANACT INC. DBA ROTC- ROOTER Received 4.9 Check Issuance Report and Electronic Funds Transfers. Adopted4.10 RESOLUTION NO. 122 -13 ESTABLISHING ADMINISTRATIVE GUIDELINES FOR THE EASTERN DUBLIN TRAFFIC IMPACT FEE, DOWNTOWN DUBLIN TRAFFIC IMPACT FEE, PUBLIC FACILITIES FEE, FIRE FACILITIES FEE AND NOISE FEE DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16, 2013 4 7.1.a Packet Pg. 144 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) RESOLUTION NO. 123-13 ESTABLISHING A SINGLE POLICY FOR EXEMPTIONS FOR THE EASTERN DUBLIN TRAFFIC IMPACT FEE, DOWNTOWN DUBLIN TRAFFIC IMPACT FEE, PUBLIC FACILITIES FEE, FIRE FACILITIES FEE AND NOISE FEE Adopted 4.11 RESOLUTION NO. 124-13 AMENDING THE GR.c\NT OF EASEMENT TO DUBLIN SAN R.c\MON SERVICES DISTRICT EASEMENT, DOCUMENT NUMBER 2005176359 Authorized 4.12 the City Manager to execute the Change Order to the Consultant Services Agreement with Dahlin Group Architecture. Adopted 4.13 RESOLUTION NO. 125-13 APPROVING PARTIAL RELEASE OF SECURITY ASSOCIATED WITH TRACT 6765, SCHAEFER RANCH -PHASE 2 IMPROVEMENTS (SCHAEFER RANCH HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY) ---·--- Cm. Gupta pulled Item 4.6, Acceptance of In-Tract Improvements, Acceptance of Off-Site Improvements on Tassajara Road and Fallon Road, Acceptance of Traffic Signals and Approval of Regulatory Traffic Control Devices for Tract 7540-Silvera Ranch, Phase 4 (KB Home South Bay, Inc.), for further discussion. On motion of Cm. Biddle, seconded by Mayor Sbranti and by unanimous vote, the City Council adopted RESOLUTION NO. 120-13 APPROVING PARKING REGULATIONS ON LOCKHART STREET and directed Staff to return with information regarding costs and safety concerns associated with removing the median in the middle of the street. ~--·~-- WRITTEN COMMUNICATIONS-None. DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16, 2013 5 7.1.a Packet Pg. 145 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) PUBLIC HEARINGS Resolution Determining that Public Interest and Necessity Require the Acquisition of a Roadway Easement and Two Slope and Drainage Easements from APN 905-0002-001-01 (Portion) for the Central Parkway Extension from the Jordan Ranch Development 8:27:14PM 6.1 Mayor Sbranti opened the public hearing. Mr. Pat Croak provided comment on this item. Mr. Kevin Fryer provided public comment on this item. Mayor Sbranti closed the public hearing. On motion of Mayor Sbranti, seconded by Cm. Gupta and by unanimous vote, the City Council adopted RESOLUTION NO. 126 -13 RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A ROADWAY EASEMENT AND TWO SLOPE AND DRAINAGE EASEMENTS FROM APN 905-0002-01 (PORTION) FOR THE PROPOSED CENTRAL PARKWAY EXTENSION FROM THE JORDAN RANCH DEVELOPMENT CROAK PROPERTIES, L.P, PROPERTY OWNER PROPERTY LOCATION: WEST SIDE OF CROAK ROAD ASSESSOR'S PARCEL NO.: 905-0002-001-01 (PORTION) ~--·~-- Amending Rates for Garbage Collection, Disposal, and Recycling Services Provided By Amador Valley Industries and the 2013-2014 Annual Assessment 8:46:29 PM 6.2 Mayor Sbranti opened the public hearing. No comments were made by the public on this item. Mayor Sbranti closed the public hearing. On a vote of three to two, motion to adopt the resolutions was denied. (Motion by Mayor Sbranti, seconded by Vm. Biddle; Cms. Hart, Haubert and Gupta voting no.) DUBLIN CITY COUNCIL MINUTES • VOLUME32 ~ REGULAR MEETING JULY 16,2013 6 7.1.a Packet Pg. 146 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) The City Council directed Staff to continue to work towards systemic change with Stopwaste on this and other upcoming issues. ---·--- Underground Utility District 2013-1, Dublin Boulevard -Civic Plaza/Sierra Court to Dublin Court 9:27:10 PM 6.3 Mayor Sbranti opened the public hearing. No comments were made by the public on this item. Mayor Sbranti closed the public hearing. On motion of Cm. Hart, seconded by Vm. Biddle, and by unanimous vote, the City Council waived the reading and introduced an Ordinance Establishing Underground Utility District 2013- 01 on Dublin Boulevard -Civic Plaza/Sierra Court to Dublin Court. ---·--- UNFINISHED BUSINESS Cost Impacts of Prequalification of Bidders on City Projects and Implementation of Labor Compliance Program for City Projects 9:53:25 PM 7.1 By consensus, the City Council determined that Staff should utilize prequalification on City public works projects on a project-by-project basis, and utilizing the California Department of Industrial Relations model prequalification questionnaire. The City Council directed Staff to report back with recommendations regarding: 1) the monetary threshold that should be used to determine which projects should require prequalification, and 2) the types of projects that should be exempted from prequalification (for example: slurry seal, sidewalks, light pole painting). The City Council also indicated that a mechanism should be put in place to permit Staff to require prequalification on projects that fall below the established monetary threshold where Staff determines that prequalification would be appropriate. The City Council determined that the City should utilize the Department of Industrial Relation's labor compliance monitoring services on City public works projects, on a project-by-project basis. DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16,2013 7 7.1.a Packet Pg. 147 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) The City Council directed staff to report back with recommendations regarding: 1) a monetary threshold for determining when labor compliance services should be utilized on a project, and 2) potential project types that should be exempted from labor compliance requirements regardless of their cost. ---·--- Dublin Boulevard Bikeway Corridor Study 10:43:45 PM 7.2 Mayor Sbranti stated this item would be postponed to a future City Council meeting. ---·---Report on the Impacts of Recent General Plan Amendment Initiation Requests on the Housing Element 10:44:11 PM 7.3 By consensus, the City Council directed Staff to study an increase in the residential development capacity in the Downtown Dublin Specific Plan area. ---·--- Consulting Services Agreement with Veronica Tam & Associates for the Preparation of the 2014-2022 update to the General Plan Housing Element 11:09:24 PM 7.4 On motion of Cm. Hart, seconded by Cm. Gupta, and by unanimous vote, the City Council adopted RESOLUTION NO. 127 -13 APPROVING A CONSULTING SERVICES AGREEMENT WITH VERONICA TAM & ASSOCIATES TO PREPARE THE 2014-2022 UPDATE TO THE GENERAL PLAN HOUSING ELEMENT AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT ---·--- DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16,2013 8 7.1.a Packet Pg. 148 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) Sales Tax Reimbursement Agreement with CJC Fallon Gateway LLC 11:11:05 PM 7.5 On motion of Cm. Hart, seconded by Cm. Haubert, and by unanimous vote, the City Council adopted RESOLUTION NO. 128-13 APPROVING THE SALES TAX REIMBURSEMENT AGREEMENT WITH CJC FALLON GATEWAY LLC ---·---Reguest by Regency Centers to Participate in the Sales Tax Reimbursement Program 11:16:32 PM 7.6 On motion of Cm. Hart, seconded by Cm. Biddle, and by unanimous vote, the City Council adopted RESOLUTION NO. 129-13 APPROVING THE SALES TAX REIMBURSEMENT AGREEMENT WITH REGENCY CENTERS ---·---Emerald Glen Recreation and Aquatic Complex Phase I Improvements 11:17:11 PM 7.7 On motion of Cm. Hart, seconded by Cm. Haubert, and by unanimous vote, the City Council authorized the City Manager to execute the Change Order to the Consultant Services Agreement with Dahlin Group Architecture; determined Public Art should be included in Phase I of the building, with Option No. 4, $220,000 from the Public Art Fund as the preferred option for funding the public art; and confirmed the composition of the Art Selection Committee proposed by Staff. ---·--- DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16,2013 9 7.1.a Packet Pg. 149 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) NEW BUSINESS Agreement with Dublin Unified School District Regarding Funding for the Renovation of the Dublin High School Tennis Complex 11 :26:20 PM 8.1 Mayor Sbranti stated, "I am an employee of the Dublin Unified School District and the Educational Services Department. This is funding for something in the Facilities department so it is a separate department from which I am employed. However, I am also the tennis coach at the High School and based on that fact, that I am the tennis coach and this is a tennis facility, I will recuse myself from this item and turn the meeting over to Vm. Biddle. Mayor Sbranti left the dais and the Council Chambers. Vm. Biddle presided over the item. On motion of Cm. Gupta, seconded by Cm. Haubert, and by unanimous vote (Mayor Sbranti recused himself), the City Council adopted RESOLUTION NO. 130-13 APPROVING AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN UNIFIED SCHOOL DISTRICT FOR THE FUNDING OF THE DUBLIN HIGH SCHOOL TENNIS COMPLEX RENOVATION PROJECT AND THE SUBSEQUENT OPERATIONS OF SAID TENNIS COMPLEX ~--·~-- Mayor Sbranti returned to the dais. Recommendation to Form a Human Services Commission Focusing on Tri-Valley Social Service Issues 11 :33:00 PM 8.2 On motion of Vm. Biddle, seconded by Mayor Sbranti and by unanimous vote, the City Council approved the creation of a Human Services Commission, and directed Staff to consider having the Commission's realm of responsibility deal with housing issues. ~--·~-- Creation of the Small Business Assistance Program and Associated Memorandum of Understanding 11:54:57 PM 8.3 On motion of Cm. Haubert, seconded by Vm. Biddle and by majority vote (Cm. Hart abstaining), the City Council adopted DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16, 2013 10 7.1.a Packet Pg. 150 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) RESOLUTION NO. 131 -13 APPROVING THE CREATION OF THE SMALL BUSINESS ASSISTANCE PROGRAM AND ASSOCIATED MEMORANDUM OF UNDERSTANDING ~--·~-- Sub Area 3 General Plan and Eastern Dublin Specific Plan Amendment Study Initiation Revised Request 11 :58:06 PM 8.4 Mr. Kevin Fryer, representative of the developer, provided comment on this item. On motion of Cm. Gupta, seconded by Cm. Haubert, and by unanimous vote, the City Council adopted RESOLUTION NO. 132 -13 APPROVING INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY TO EVALUATE CHANGING APPROXIMATELY 3 ACRES OF OPEN SPACE TO A COMBINATION OF MEDIUM AND MEDIUM-HIGH DENSITY RESIDENTIAL USES ON SUB AREA 3 OF DUBLIN RANCH (APN 985-0027-012) ---·---Discussion of Revisions to the Rules of the Conduct of Meetings of the City Council to Allow Teleconferencing 12:10:12 AM 8.5 By consensus, the City Council agreed to allow teleconferencing by City Councilmembers at City Council meetings, in rare cases or exceptions, with the limitation of only one Councilmember per meeting, the person who notifies the City Clerk first, will be able to teleconference to the meeting. OTHER BUSINESS 12:28:58 AM ---·--- Brief information only reports were provided by City Council and Staff, including committee reports and reports by City Council related meetings attended at City expense (AB1234). DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16,2013 11 7.1.a Packet Pg. 151 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) Mayor Sbranti asked that Staff: 1) Bring back field configurations at Dublin Sports Grounds for further consideration; and 2) Investigate the cost and feasibility of more tennis courts or soccer fields at City parks. ADJOURNMENT 10.1 ---·--- There being no further business to come before the City Council, the meeting was adjourned at 12:41:16 AM in memory of Staff Sgt. Sean Diamond and our fallen troops. Minutes prepared by Caroline P. Soto, City Clerk/Records Manager. ATTEST: -----=a~'A/}~t:-'7.·::--'t.--w~:-­ City Clerk/Records Manager DUBLIN CITY COUNCIL MINUTES VOLUME 32 REGULAR MEETING JULY 16,2013 Mayor 12 7.1.a Packet Pg. 152 At t a c h m e n t : 1 . J u l y 1 6 , 2 0 1 3 C i t y C o u n c i l M i n u t e s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ORDINANCE NO. __ - 17 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.12 (PLANNING COMMISSION) OF THE DUBLIN MUNICIPAL CODE The City Council of the City of Dublin does hereby ordain as follows: Section 1: Section 2.12.020 of Chapter 2.12 of the Dublin Municipal Code is amended as follows (with additions in italics and deletions in strikethrough): 2.12.020 Membership—Appointment—Term—Removal A. The Planning Commission shall consist of five (5) members. They shall be appointed for a term of four (4) years. Terms shall begin in January following even- numbered election years and end in December of even -numbered years (or until successors are appointed). If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment for th e unexpired portion of the term. B. Members shall be appointed to the Planning Commission by the Mayor, subject to the approval of the City Council. A Planning Commissioner can be removed at any time during the Commissioner’s term of office by a majority of the City Council. Removal and appointment of Planning Commission members shall be made only at a regularly scheduled meeting of the City Council. Members of the Planning Commission shall be residents of the city. C. Planning Commissioners must attend at least seventy-five (75) percent of regular and special Planning Commission meetings in any twelve (12) month period. Any Planning Commissioner who is absent from twenty-five (25) percent or more meetings within a twelve (12) month period or is absent from thre e (3) consecutive Planning Commission meetings may be removed from the Planning Commission pursuant to subsection B of this section Planning Commission members should endeavor to attend all regular and special meetings of the Planning Commission. The Secretary to the Planning Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Committee members. After the third absence from a regularly scheduled Planning Commission meeting within any twelve (12) month period, said Commissioner automatically vacates his or her office. D. Members shall attend regular and special Planning Commission meetings in person. Members will not be permitted to use teleconference to attend any Planning Commission meeting. Section 4. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconsti tutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. 7.1.b Packet Pg. 153 At t a c h m e n t : 2 . O r d i n a n c e o f t h e C i t y o f D u b l i n A m e n d i n g C h a p t e r 2 . 1 2 ( P l a n n i n g C o m m i s s i o n ) ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) Section 6. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 7. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 18th day of July, 2017 AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 2833109.1 7.1.b Packet Pg. 154 At t a c h m e n t : 2 . O r d i n a n c e o f t h e C i t y o f D u b l i n A m e n d i n g C h a p t e r 2 . 1 2 ( P l a n n i n g C o m m i s s i o n ) ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) RESOLUTION NO. ** -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE FOR THE FOLLOWING: THE HERITAGE AND CULTURAL ARTS COMMISSION AND RESCINDING RESO. 89-16; THE HUMAN SERVICES COMMISSION AND RESCINDING RESO. 15-16; THE PARKS AND COMMUNITY SERVICES COMMISSION AND RESCINDING RESO. 16-16; THE SENIOR CENTER ADVISORY COMMITTEE AND RESCINDING RESO. 18-16; THE YOUTH ADVISORY COMMITTEE AND RESCINDING RESO. 19-16 WHEREAS, Resolution No. 132-99 was adopted by the City Council on July 6, 1999 which created a Heritage and Cultural Arts Commission and adopted Bylaws and Rules of Procedure for said Commission; and WHEREAS, the Bylaws and Rules of Procedure were amended by Resolution No.’s 219-02, 161-08, 124-09, 17-16, and 89-16; and WHEREAS, Resolution No. 142-13 was adopted by the City Council on October 20, 2013 which created a Human Services Commission and adopted Bylaws and Rules of Procedure for said Commission; and WHEREAS, Resolution No. 15-16 was adopted by the City Council on February 2, 2016 amending the Bylaws and Rules of Procedure for said Commission; and WHEREAS, Resolution No. 57-83 was adopted by the City Council on October 10, 1983 which created a Parks and Community Services Commission and adopted Bylaws and Rules of Procedure for said Commission; and WHEREAS, the Bylaws and Rules of Procedure were amended by Resolution No.’s 137-88, 135-90, 129-92, 137-92, 93-94, 130-98, 178-02, 160-08, 123-09 and 16-16; and WHEREAS, Resolution No. 48-92 was adopted by the City Council on April 27, 1992 which created a Senior Center Advisory Committee and adopted Bylaws and Rules of Procedure for said Commission; and WHEREAS, the Bylaws and Rules of Procedure were amended by Resolution No.’s 130-02, 138-92, 213-03, 162-08, 125-09 and 18-16; and WHEREAS, the Youth Advisory Committee was approved by the City Council on October 21, 1997; and WHEREAS, Resolution 7-98 establishing Bylaws and Rules of Procedure for said Committee was adopted by the City Council on January 6, 1998; and WHEREAS, the Bylaws and Rules of Procedure were amended by Resolution No.’s 77-00, 159-08, and 126-09, 19-16, and WHEREAS, it is necessary to periodically review the Bylaws and Rules of Procedure to insure that they are still reflective of the Commission’s and/or Committee’s charge; and 7.1.c Packet Pg. 155 At t a c h m e n t : 3 . R e s o l u t i o n A m e n d i n g B y l a w s t o t h e H e r i t a g e a n d C u l t u r a l A r t s C o m m i s s i o n , H u m a n S e r v i c e s C o m m i s s i o n , P a r k s a n d WHEREAS, the Heritage and Cultural Arts Commission, the Human Services Commission, the Parks and Community Services Commission, the Senior Center Advisory Com mittee and the Youth Advisory Committee have been notified of the recommended changes to their bylaws. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby adopts the amended Bylaws and Rules of Procedure fort the Heritage and Cultural Arts Commission as contained in Exhibit A, the Human Services Commission as contained in Exhibit B, the Parks and Community Services Commission in Exhibit C, the Senior Center Advisory Committee as contained in Exhibit D, and the Youth Advisory Committee as contained in Exhibit E attached hereto. BE IT FURTHER RESOLVED that the provisions contained in Resolution No. 89-16, 15-16, 16-16, 18-16, and 19-16 are hereby rescinded. PASSED, APPROVED AND ADOPTED this 18th day of July, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2808798.1 7.1.c Packet Pg. 156 At t a c h m e n t : 3 . R e s o l u t i o n A m e n d i n g B y l a w s t o t h e H e r i t a g e a n d C u l t u r a l A r t s C o m m i s s i o n , H u m a n S e r v i c e s C o m m i s s i o n , P a r k s a n d ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Heritage and Cultural Arts Commission Julyne 187, 20176 Formatted: Font: (Default) Arial CITY OF DUBLIN HERITAGE AND CULTURAL ARTS COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Heritage and Cultural Arts Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Heritage and Cultural Arts Commission shall be composed of seven (7) members. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. When making appointments to the Commission, consideration shall be given to members of the Dublin Fine Arts Foundation and Dublin Historical Preservation Association (or similar groups) and to persons who are specifically qualified by reason of training, experience, interest or involvement in arts and/or heritage, particularly as related to artistic and cultural activities in the City. Section 3. All members shall be residents of the City and shall be committed to furthering public art, and historical and cultural life in the community. Section 4. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered years and ending in December of an even numbered year. At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2. Any member of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members should endeavor tomust attend 75% of all regular and special meetings of the Commission.in a 12 month period. The Secretary to the 7.1.d Packet Pg. 157 At t a c h m e n t : 4 . E x h i b i t A t o R e s o l u t i o n - H e r i t a g e & C u l t u r a l A r t s C o m m i s s i o n B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Heritage and Cultural Arts Commission Julyne 187, 20176 Formatted: Font: (Default) Arial Commission shall provide the Mayor with quarterlymonthly attendance reports and a quarterly overview of attendance by Commissioners members. After the third absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commissioner’s office shall be automatically declared vacantThe Secretary to the Commission shall notify the Mayor if a Commission member is absent from three consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 4. If a Commission member ceases to reside in the City of Dublin, said Commissioner’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Commission for a 1-year term and hold office until their successors are elected, or until their terms as members of the Commission expire. The officers are elected at the first meeting of the Commission in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Commission members are present. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no on should serve in the position for two consecutive years. The secretary to the Commission will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties. (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. 7.1.d Packet Pg. 158 At t a c h m e n t : 4 . E x h i b i t A t o R e s o l u t i o n - H e r i t a g e & C u l t u r a l A r t s C o m m i s s i o n B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Heritage and Cultural Arts Commission Julyne 187, 20176 Formatted: Font: (Default) Arial Section 4. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but less than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 2.Section 3. Commissioners shall attend all regular and special Commission meetings in person. Commissioners will not be permitted to use teleconference as an option to attend any Commission meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: (a) The promotion and support of history throughout the community. This includes restoration, maintenance and operation of the Heritage Park & Museums and any other similar City-sponsored locations promoting and supporting history. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of history facilities or programs; recommendations for policies on heritage preservation, artifact acquisition, conduct of persons using history facilities; and rules for the use of the Heritage Park & Museums and any other City-sponsored history facilities by the public. (b) The promotion and support of the arts within the community. Such recommendations would include, but are not limited to the following: recommendations on art in public places including City facilities and new developments within the City; exhibits at the Civic Center, Heritage Park & Museums and Public Art Venue; and recommendations for policies on art, cultural activities and facilities. 7.1.d Packet Pg. 159 At t a c h m e n t : 4 . E x h i b i t A t o R e s o l u t i o n - H e r i t a g e & C u l t u r a l A r t s C o m m i s s i o n B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Heritage and Cultural Arts Commission Julyne 187, 20176 Formatted: Font: (Default) Arial ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. The Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2579982.3 2808790.1 7.1.d Packet Pg. 160 At t a c h m e n t : 4 . E x h i b i t A t o R e s o l u t i o n - H e r i t a g e & C u l t u r a l A r t s C o m m i s s i o n B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ___________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Human Services Commission JulyFebruary 182, 20176 CITY OF DUBLIN HUMAN SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Human Services Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Human Services Commission shall be composed of five (5) members. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of an even numbered election year. At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4- year terms. Section 2. Any member of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members should endeavor to must attend 75% of all regular and special meetings of the Commission in a 12 month period. The Secretary to the Commission shall provide the Mayor with quarterly attendance reports and a annual overview of attendance by Commissioners members. After the third absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commission member’s office shall be automatically declared vacant.The Secretary to the Commission shall notify the Mayor if a Commission member is absent from two consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. 7.1.e Packet Pg. 161 At t a c h m e n t : 5 . E x h i b i t B t o R e s o l u t i o n - H u m a n S e r v i c e s C o m m i s s i o n B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ___________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Human Services Commission JulyFebruary 182, 20176 Section 4. If a Commission member ceases to reside in the City of Dublin, said Commissioner’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Commission shall elect a Chairperson and Vice Chairperson at the first meeting in January of each year or, if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, whichever is first. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Section 2. The secretary to the Commission will be the City Manager or his/her designee. Section 3. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 4. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. Section 5. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. 7.1.e Packet Pg. 162 At t a c h m e n t : 5 . E x h i b i t B t o R e s o l u t i o n - H u m a n S e r v i c e s C o m m i s s i o n B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ___________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Human Services Commission JulyFebruary 182, 20176 ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per quarter at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 2.Section 3. Commissioners shall attend all regular and special Commission meetings in person. Commissioners will not be permitted to use teleconference as an option to attend any Commission meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to human service needs in the Tri-Valley. Such recommendations would include, but are not limited to the Community Grants Program, the Tri-Valley Needs Assessment, and the federal Community Development Block Grant Program. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 7.1.e Packet Pg. 163 At t a c h m e n t : 5 . E x h i b i t B t o R e s o l u t i o n - H u m a n S e r v i c e s C o m m i s s i o n B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ___________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Human Services Commission JulyFebruary 182, 20176 2584189.2 2808795.1 7.1.e Packet Pg. 164 At t a c h m e n t : 5 . E x h i b i t B t o R e s o l u t i o n - H u m a n S e r v i c e s C o m m i s s i o n B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Parks and Community Services Commission JulyFebruary 182, 20176 ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Parks and Community Services Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Parks and Community Services Commission shall be composed of six (6) members, one of whom is a high school student residing in the City of Dublin. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of an even numbered election year. At the end of a Commissioner member’s term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4- year terms. Section 2. The term of the student member shall be for one (1) year, commencing July 1st and terminating on the following June 30th. Section 3. Any member of the Commission may be removed from the office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 4. Commission members should endeavor tomust attend 75% of all regular and special meetings of the Commissionin a 12-month period. The Secretary to the Commission shall provide the Mayor with quarterlymonthly attendance reports and a quarterly review of attendance by Commissioners members. After the third absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commission member’s office shall be automatically declared vacant.The Secretary to the Commission shall CITY OF DUBLIN PARKS AND COMMUNITY SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE 7.1.f Packet Pg. 165 At t a c h m e n t : 6 . E x h i b i t C t o R e s o l u t i o n - P a r k s a n d C o m m u n i t y S e r v i c e s B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Parks and Community Services Commission JulyFebruary 182, 20176 notify the Mayor if a Commission member is absent from three consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 5. If a Commissioner member ceases to reside in the City of Dublin, said Commissioner’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Commission shall elect a Chairperson at the first meeting in January of each year, or if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, whichever is first. The Commission shall, unless no Commissioners meet criteria, elect Commissioners to the positions that have not previously served in the position and have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Section 2. The Secretary to the Commission will be the City Manager or his/her designee. Section 3. Vacancies. In case of any vacancy in the Office of the Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 4. Duties of Officers. The Chairperson performs the following duties: (a) Presides at all meeting of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her ability to act, the Vice Chairperson presides in the place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 5. The Committees. The Commission or Chairperson, upon direction of the Commission, May appoint several of its members, but fewer than a quorum, to serve as a 7.1.f Packet Pg. 166 At t a c h m e n t : 6 . E x h i b i t C t o R e s o l u t i o n - P a r k s a n d C o m m u n i t y S e r v i c e s B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Parks and Community Services Commission JulyFebruary 182, 20176 Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commissions may appoint non-members to the Committee. Committees make recommendations directly to the Commission. ARTICLE VI MEETINGS Section 1. The Commission shall hold at regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 2.Section 3. Commissioners shall attend all regular and special Commission meetings in person. Commissioners will not be permitted to use teleconference as an option to attend any Commission meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate program of parks, recreation and community services for the citizens of Dublin. Such recommendations would include, but are not limited to the following: (a) recommendations for the development, improvement and/or modification of recreation of community services and facilities; (b) future recreation and community service needs; (c) conduct of persons using park and recreation facilities by the public; and (d) annual review of the Parks and Community Services Strategic Plan. Section 2. The Commission shall also accept and consider recommendations from the Senior Center Advisory Committee and the Youth Advisory Committee, and forward the recommendations to the City Council, as appropriate. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or 7.1.f Packet Pg. 167 At t a c h m e n t : 6 . E x h i b i t C t o R e s o l u t i o n - P a r k s a n d C o m m u n i t y S e r v i c e s B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Parks and Community Services Commission JulyFebruary 182, 20176 authority over property or personnel which are under their respective jurisdiction. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2579990.2 2808791.1 7.1.f Packet Pg. 168 At t a c h m e n t : 6 . E x h i b i t C t o R e s o l u t i o n - P a r k s a n d C o m m u n i t y S e r v i c e s B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Senior Center Advisory Committee JulyFebruary 182, 20176 CITY OF DUBLIN SENIOR CENTER ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Dublin Senior Center Advisory Committee of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Advisory Committee shall be composed of five (5) members. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 2. Committee members may resign at any time by giving written notice to the Mayor, City Clerk, and Senior Center Staff. Section 3. One member of the Parks and Community Services Commission shall serve as a liaison to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Committee members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of even numbered election years. At the end of a Committee member's term, the Committee member may be reappointed to the Committee in the same manner as the initial appointment. Committee members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2. Any member of the Advisory Committee may be removed from office with the approval of a majority of the City Council. Removal and appointment of Senior Center Advisory Committee Members shall be made only at a regularly scheduled meeting of the City Council. Section 3. Committee Members should endeavor tomust attend 75% of all regular and special meetings of the Advisory Committee.in a 12 month period. The Secretary to the Advisory Committee shall provide the Mayor with quarterly monthly attendance reports and a quarterly overview of attendance by Committee Mmembers. After the third absence from a regularly scheduled Committee meeting within any twelve (12) month period, said Committee Member’s office shall be automatically declared vacant.The Secretary to the Advisory Committee shall notify the Mayor if a Committee member is absent from three (3) consecutive 7.1.g Packet Pg. 169 At t a c h m e n t : 7 . E x h i b i t D t o R e s o l u t i o n - S e n i o r C e n t e r A d v i s o r y C o m m i t t e e B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Senior Center Advisory Committee JulyFebruary 182, 20176 meetings. The Committee member shall also be notified that they may be removed from the Committee. Section 4. If a Committee member ceases to reside in the City of Dublin, said Committee member’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Advisory Committee occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Advisory Committee for a 1-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected at the first meeting of the Advisory Committee in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee members are present. The Advisory Committee shall, unless no Committee Members meet the criteria, elect Committee Members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two consecutive years. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Advisory Committee. (b) Appoints sub-committees and chairpersons of sub-committees as necessary. (c) Signs correspondence on behalf of the Advisory Committee. (d) Represents the Advisory Committee before the Parks and Services Commission and City Council, or designates a representative. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. 7.1.g Packet Pg. 170 At t a c h m e n t : 7 . E x h i b i t D t o R e s o l u t i o n - S e n i o r C e n t e r A d v i s o r y C o m m i t t e e B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Senior Center Advisory Committee JulyFebruary 182, 20176 Section 4. The Sub-Committees. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but less than a quorum, to serve as a Sub-Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Advisory Committee may appoint non- members to the Sub-Committee. Sub-Committees make recommendations directly to the Advisory Committee. A Sub-Committee may not represent the Advisory Committee before the Parks and Community Services Commission and the City Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VI MEETINGS Section 1. The Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 2.Section 3. Advisory Committee Members shall attend all regular and special Committee meetings in person. Committee Members will not be permitted to use teleconferences as an option to attend Committee meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1. The Advisory CommitteeCommission shall consider and make recommendations, as it deems necessary to the City Parks and Community Services Commission, City Council, and City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate Senior Center for Dublin citizens. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of senior services and facilities; future senior needs; conduct of persons using the Senior Center; and rules for the use of the Senior Center by the public. ARTICLE VIII DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1. It is intended that the Advisory Committee shall be an advisory body to the Parks and Community Services Commission and City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which 7.1.g Packet Pg. 171 At t a c h m e n t : 7 . E x h i b i t D t o R e s o l u t i o n - S e n i o r C e n t e r A d v i s o r y C o m m i t t e e B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Senior Center Advisory Committee JulyFebruary 182, 20176 are under their respective jurisdictions. Each Committee Member is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2584737.2 2808781.1 7.1.g Packet Pg. 172 At t a c h m e n t : 7 . E x h i b i t D t o R e s o l u t i o n - S e n i o r C e n t e r A d v i s o r y C o m m i t t e e B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Youth Advisory Committee JulyFebruary 182, 20176 CITY OF DUBLIN YOUTH ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Youth Advisory Committee of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Youth Advisory Committee shall be composed of a minimum of nine (9) and a maximum of thirteen (13) youth members and three (3) youth alternates. At least three (3) of the Committee Members must be from middle school and six (6) from high school. Additionally, there shall be four (4) non-voting adult members representing Dublin Police Services, Dublin Unified School District, Dublin Chamber of Commerce, and the At-large Community. Section 2. Committee members may resign at any time by giving written notice to the Mayor, City Clerk, and Parks and Community Services Director or his/her designee. Section 3. One member of the Parks and Community Services Commission shall serve as a non-voting member to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Youth Advisory Committee Members shall serve a one (1) year term, commencing June 1 and terminating on the following May 31 (or until their successors are appointed). During the months of June through August, meetings will be held as necessary. At the end of a Committee member's term, the Committee member may be reappointed to the Advisory Committee in the same manner as the initial appointment. There shall be no limit to the number of terms a Committee member may serve. Section 2. Any member of the Advisory Committee members may be removed from office with the approval of a majority of the City Council. Removal and appointment of Committee Members shall be made only at a regularly scheduled meeting of the City Council. Section 3. Committee Members should endeavor to attend all regular and special meetings of the Advisory Committee. The Secretary to the Advisory Committee shall provide the Mayor with quarterly attendance reports by Committee members. After the third absence from a regularly scheduled Committee meeting within any twelve (12) month period, said Committee Member’s office shall be automatically declared vacant. If a member of the 7.1.h Packet Pg. 173 At t a c h m e n t : 8 . E x h i b i t E t o R e s o l u t i o n - Y o u t h A d v i s o r y C o m m i t t e e B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Youth Advisory Committee JulyFebruary 182, 20176 Advisory Committee is absent from two (2) consecutive meetings or three (3) meetings during the term without permission from said Advisory Committee, or if a Committee member ceases to reside in the City of Dublin or, in the case of youth members, ceases to be enrolled in school, said Committee member’s office shall be declared vacant. Additionally, if a Committee Mmember is late by more than twenty (20) minutes to two meetings without permission from said Advisory Committee, this shall constitute one absence. Section 3.Section 4. If a Committee Member ceases to reside in the City of Dublin, or in the case of youth members, ceases to be enrolled in school, said Committee Member’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Youth Advisory Committee occurring other than by expiration of term shall be filled for the unexpired portion of the term by the alternates. In the event that there are more than two vacancies on the Advisory Committee, vacancies shall be filled in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Youth Advisory Committee for a one-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected each year at the June meeting of the Advisory Committee. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee members are present. The Advisory Committee shall, unless no Committee members meet the criteria, elect Committee members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two (2) consecutive years. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Advisory Committee. (b) Appoints sub-committees and chairpersons of sub-committees as necessary. (c) Signs correspondence on behalf of the Advisory Committee. (d) Performs other duties necessary or customary to the office. 7.1.h Packet Pg. 174 At t a c h m e n t : 8 . E x h i b i t E t o R e s o l u t i o n - Y o u t h A d v i s o r y C o m m i t t e e B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Youth Advisory Committee JulyFebruary 182, 20176 (e) Serves the City Council and the residents of the City of Dublin with professionalism and respect. In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. ARTICLE VI SUB-COMMITTEES Section 1. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but fewer than a quorum, to serve as a Sub-Committee. The Advisory Committee may appoint non-members to the Sub-Committee in an effort to obtain additional public involvement as needed. Sub-Committees make recommendations directly to the Advisory Committee. Section 2. A Sub-Committee may not represent the Advisory Committee before the Commission or Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VII MEETINGS Section 1. The Youth Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 2.Section 3. Committee Members shall attend all regular and special Committee meetings in person. Committee Members will not be permitted to use teleconference as an option to attend any Committee meetings. ARTICLE VIII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1. Provide input on youth services and programming to the Parks and Community Services Commission, City Council and to City Staff. Section 2. Address issues that affect youth in the community. Section 3. Assist with the promotion and implementation of youth activities. 7.1.h Packet Pg. 175 At t a c h m e n t : 8 . E x h i b i t E t o R e s o l u t i o n - Y o u t h A d v i s o r y C o m m i t t e e B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Youth Advisory Committee JulyFebruary 182, 20176 Section 4. Generate an annual report on the progress of the Youth Advisory Committee. Additionally, Committee members are expected to attend all regular meeting and subcommittee meetings as assigned; attend the activities planned and sponsored by the Advisory Committee; and promote youth activities and provide support for successful implementation of youth activities and programs. ARTICLE IX DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1. It is intended that the Youth Advisory Committee shall be an advisory body to the Parks and Community Services Commission and City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Committee Member is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE X STAFF ASSISTANCE Section 1. The City Manager shall provide the Youth Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE XI AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2585294.2 2808792.1 7.1.h Packet Pg. 176 At t a c h m e n t : 8 . E x h i b i t E t o R e s o l u t i o n - Y o u t h A d v i s o r y C o m m i t t e e B y l a w s ( 1 5 1 9 : C o m m i s s i o n & C o m m i t t e e B y l a w s ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Authorizing Issuance of First Series of Special Tax Bonds for Improvement Area No. 1 of Community Facilities District No. 2015-1 (Dublin Crossing) and Approving Form of and Execution of Related Documents; Authorizing Execution of Acquisition Agreement; and Authorizing Execution of Joint Community Facilities Agreement Prepared by: Colleen Tribby, Director of Administrative Services EXECUTIVE SUMMARY: This report contains three related items for the City Council’s consideration regarding the first phase of special tax bond financing for Community Facilities District No. 2015 -1 (Dublin Crossing) and the use of the bond sale proceeds to finance authorized public capital facilities and public capital facility impact fees. The first is a Resolution authorizing issuance of the 2017 special tax bonds and approving the forms of and authorizing the execution of related bond issuance documents. The second is a Resolution authorizing execution of an Acquisition Agreement with Dublin Crossing, LLC, which prescribes the conditions and procedure for disbursement of bond proceeds to finance (through reimbursement) authorized public capital facilities upon completion and to finance (through reimbursement) authorized public capital facility impact fees. The third is a Resolution authorizing execution of a Joint Community Facilities Agreement with Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone 7), providing the procedure for transferring ownership of those authorized public capital facilities which, upon completion, are to be owned by Zone 7. STAFF RECOMMENDATION: Adopt the following: 1) Resolution Authorizing Issuance of Special Tax Bonds; Approving the Form and Authorizing Execution of a Fiscal Agent Agreement, a Purchase Contract and a Continuing Disclosure Certificate and Authorizing Sale and Delivery of the Bonds Pursuant to the Purchase Contract; Approving the Form and Delivery of a Preliminary Official Statement and the Preparation and Distribution of a Final Official Statement to be Derived from the Preliminary Official Statement; and Approving Execution and Delivery of Other Doc uments and Taking of Actions as Necessary to Implement the Issuance, Sale and Delivery of the Bonds; 2) Resolution Authorizing Execution of an Acquisition Agreement Between the City of Dublin and Dublin Crossing, LLC; and, 3) Resolution Authorizing Execution of a Joint Community Facilities Agreement Among the City of Dublin, Zone 7 of the Alameda County Flood 8.1 Packet Pg. 177 Page 2 of 3 Control and Water Conservation District, and Dublin Crossing, LLC. FINANCIAL IMPACT: None. DESCRIPTION: This Staff Report discusses three separate actions for City Council consideration, represented by adoption of the three separate but related resolutions. All three actions are required to proceed with issuance, sale and delivery of t he first series of bonds for Community Facilities District no. 2015-1 (Dublin Crossing) (the CFD) and the disbursement of bond sale proceeds to finance the previously authorized public capital facilities upon completion and public capital facility fees relating to the development project initially known as Dublin Crossing but since renamed Boulevard. Consideration of Authorizing Issuance of Bonds and Approving Related Documents (Attachments 1-4) On June 2, 2015, the City Council adopted Resolution No. 96 -15, forming the CFD and identifying the public capital facilities and public capital facility impact fees to be financed by the CFD. On the same date, the City Council adopted Resolution No. 97 - 15, deeming it necessary to incur indebtedness (in the form of bonds) to provide the authorized financing. The financing program has been structured to take place in phases related to designated subareas of the CFD, known as Improvement Areas. This first phase relates to Improvement Area No. 1, which was the subject of the annexation proceedings completed by the recording on June 26, 2017, of Annexation Map No. 1, approved by Resolution No. 93-17, adopted by the City Council on June 20, 2017. The bonds are secured by and will be repaid from the proceeds of special taxes levied upon only the taxable parcels in Improvement Area No. 1, which now includes the property commonly referred to as Phase 1A and Phase 1B. The Fiscal Agent Agreement (Attachment 2), between the City and U.S. Bank National Association, as Fiscal Agent, provides the form of the bonds and provides for the administration of both the bond sale proceeds and the speci al tax proceeds from which the bonds will be repaid and, when possible, authorized facilities and impact fees will be financed directly. The Purchase Contract (Attachment 3), between the City and Prager & Co., LLC (the Underwriter), provides for the sale by the City and the purc hase by the Underwriter of the bonds. The Continuing Disclosure Certificate (Attachment 4, Appendix G-1), to be executed and delivered on behalf of the City, prescribes the terms and conditions under which the City, as issuer of the bonds, will provide annual disclosure reports respecting prescribed information for the benefit of the bond holders, in satisfaction of requirements of federal securities laws, together with notice of certain prescribed events (the Listed Events) in the event such events occur. 8.1 Packet Pg. 178 Page 3 of 3 Consideration of Approving the Acquisition Agreement (Attachments 5 and 6) The Acquisition Agreement (Attachment 6), between the City and Dublin Crossing, Inc., prescribes the terms and conditions under which Dublin Crossing, Inc. (the Developer) or affiliated parties may request disbursement of Bond proceeds or available special tax proceeds to pay the acquisition price of authorized public capital facilities or to reimburse for authorized capital facility impact fees which the Developer or affiliated party has paid to the City, Dublin San Ramon Services District (DSRSD) or Zone 7. Under the agreement, disbursement requests are submitted to and must be approved by the Director of Public Works prior to disbursement of any requested amount by the Fiscal Agent. Consideration of Approving the Joint Community Facilities Agreement (the JCFA) with Dublin Crossing, Inc., and Zone 7 (Attachments 7 and 8) The JCFA (Attachment 8), among the City, Dublin Crossing, Inc, and Zone 7 prescribes the terms and conditions under which ownership of authorized capital facilities, upon completion, is transferred to Zone 7. The corresponding JCFA for DSRSD was approved by the City Council by Resolution No. 03-17, adopted on January 10, 2017. City Council Actions Needed Approval of the attached three resolutions (Attachments 1, 5 and 7) will complete the three items discussed in this Staff Report and enable the working group for the financing program to proceed with issuance, sale and delivery of the bonds. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Authorizing Issuance of Special Tax Bonds; Approving the Form and Authorizing Execution of a Fiscal Agent Agreement 2. Fiscal Agent Agreement 3. Purchase Contract 4. Preliminary Official Statement, and Continuing Disclosure Certificate (Appendix G -1) 5. Resolution Authorizing Execution of an Acquisition Agreement Between the City of Dublin and Dublin Crossing, LLC 6. Exhibit A to the Resolution Authorizing Execution of an Acquisition Agreement 7. Resolution Authorizing Execution of a Joint Community Facilities Agreement 8. Exhibit A to the Resolution Authorizing Execution of a Joint Community Facilities Agreement 8.1 Packet Pg. 179 RESOLUTION NO. __-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR AND ON BEHALF OF THE CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING); APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A FISCAL AGENT AGREEMENT, A PURCHASE CONTRACT AND A CONTINUING DISCLOSURE CERTIFICATE AND AUTHORIZING THE SALE AND DELIVERY OF SPECIAL TAX BONDS PURSUANT TO SAID PURCHASE CONTRACT; APPROVING THE FORM AND DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT AND THE PREPARATION AND DISTRIBUTION OF A FINAL OFFICIAL STATEMENT TO BE DERIVED FROM THE PRELIMINARY OFFICIAL STATEMENT; AND APPROVING EXECUTION AND DELIVERY OF OTHER DOCUMENTS AND TAKING OF ACTIONS AS NECESSARY TO IMPLEMENT THE ISSUANCE, SALE AND DELIVERY OF THE BONDS WHEREAS, the City Council (the “City Council”) of the City of Dublin (the "City") has previously conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to form the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (“CFD No. 2015-1"), to authorize the levy of special taxes (the “Special Taxes”) upon the land within CFD No. 2015-1, and to issue special tax bonds (the “Bonds”) secured by the special taxes to be levied upon the taxable property within prescribed improvement areas of CFD No. 2015-1 for the purpose of financing all or a portion of the cost and expense of certain authorized public capital facilities and capital facility impact fees (the “Authorized CFD Public Improvements”) pertaining to and required as conditions of approval of a development project in the City (the “Development Project”), being implemented in phases within or pertaining to CFD No. 2015-1; and WHEREAS, the property within the boundary of CFD No. 2015-1 is designated as “Improvement Area No. 1,” as shown on the boundary map recorded on May 4, 2015 (the “Boundary Map”), in Book 18 of Maps of Assessment and Community Facilities Districts, at page 61, as Document No. 2015118036, official records of the County Recorder of the County of Alameda (the “County Recorder”), as supplemented by Annexation Map No.1 recorded on June 26, 2017 (“Annexation Map No. 1”) in Book 317 of Maps of Assessment and Community Facilities Districts, at page 60, as Document No. 2017138466, official records of the County Recorder, with additional property designated on the Boundary Map and Annexation Map No. 1 as “Future Annexation Area” which is anticipated to be annexed into CFD No. 2015-1 and upon such annexation established as future Improvement Areas No. 2 through 5, inclusive; and 8.1.a Packet Pg. 180 At t a c h m e n t : 1 . R e s o l u t i o n A u t h o r i z i n g I s s u a n c e o f S p e c i a l T a x B o n d s ; A p p r o v i n g t h e F o r m a n d A u t h o r i z i n g E x e c u t i o n o f a F i s c a l A g e n t WHEREAS, Resolution No. 96-15, adopted by the City Council on June 2, 2015 (the “Resolution of Formation”), among other things, authorized the financing of the Authorized CFD Public Improvements, as described in Exhibit A thereto (“Original Exhibit A”), by proceeds of the Special Taxes and proceeds of sale of the Bonds, and approved five separate instruments (each a “rate and method of apportionment of special tax” and hereafter in this Resolution referred to as an “RMA”), attached to the Resolution of Formation as Exhibits B through F, inclusive, to provide for the levy of Special Taxes upon the taxable property within each of five corresponding improvement areas (including Improvement Area No. 1 and each of the four improvement areas anticipated to be established by annexation proceedings and to be known as Improvement Areas No. 2 through 5, inclusive), as follows: (a) For Improvement Area No. 1, the RMA attached to the Resolution of Formation as Exhibit B (the “RMA for Improvement Area No. 1”); and (b) For Improvement Areas No. 2 through 5, the RMAs attached as Exhibits C through F, respectively; and WHEREAS, Original Exhibit A has been modified by proceedings concluded on this same date with the adoption by this City Council of its resolution entitled “Resolution Declaring Results of Landowner-Voter Election and Ordering Change to Exhibit A of Resolution No. 96- 15 to Authorize, Under Prescribed Conditions, the Addition or Deletion of Capital Improvements and/or Capital Facilities Impact Fees Which May be Financed” (the “Resolution Ordering Change”), as a result of which Original Exhibit A has been superceded by the modified Exhibit A attached to the Resolution Ordering Change (“New Exhibit A”); and WHEREAS, the levy of Special Taxes within Improvement Area No. 1 in accordance with the RMA for Improvement Area No. 1 has been authorized by Ordinance No. 3-15, passed and adopted by the City Council on June 16, 2015; WHEREAS, by this Resolution (this “Resolution”), in order to provide financing for a portion of the costs and expenses of Authorized CFD Public Improvements, the City Council, acting on behalf of CFD No. 2015-1, desires to provide for the issuance, sale and delivery of its City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017 (the "2017 Bonds"); and WHEREAS, there has been submitted to the City Council for consideration at this meeting forms of the following documents: (a) a Fiscal Agent Agreement (the "Fiscal Agent Agreement"), between the City and U.S. Bank National Association, as fiscal agent (the "Fiscal Agent"), providing for the issuance, execution, delivery and administration of the 2017 Bonds upon the security of and payable solely from the proceeds of the Special Taxes of Improvement Area No. 1 and certain prescribed portions of the proceeds of sale of the 2017 Bonds; 8.1.a Packet Pg. 181 At t a c h m e n t : 1 . R e s o l u t i o n A u t h o r i z i n g I s s u a n c e o f S p e c i a l T a x B o n d s ; A p p r o v i n g t h e F o r m a n d A u t h o r i z i n g E x e c u t i o n o f a F i s c a l A g e n t (b) a Purchase Contract (the “Purchase Contract”), between the City and Prager & Co., LLC (the "Underwriter"), providing for the sale by the City and the purchase by the Underwriter of the 2017 Bonds; (c) a Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”), by which the City agrees to provide an annual report providing certain information for the benefit of the municipal bond market in general and the owners of the Bonds in particular; and (d) a Preliminary Official Statement (the "Preliminary Official Statement"), providing certain information about the City, CFD No. 2015-1, Improvement Area No. 1, the Development Project and the owners and developers of the property in Improvement Area No. 1 to enable prospective purchasers of the 2017 Bonds to make an informed investment decision; and WHEREAS, the City Council wishes by this Resolution to approve the forms of the Fiscal Agent Agreement, Purchase Contract and Continuing Disclosure Certificate and to authorize the City Manager (or any person designated in writing by the City Manager to act on his behalf; all references hereafter in this Resolution to the City Manager shall be deemed to include reference to any such designee) to execute and deliver each of them, subject to such modifications as the City Manager in his sole discretion deems appropriate following consultation with the City Attorney or Bond Counsel, Financial Advisor or Special Tax Consultant to the City for CFD No. 2015-1 and the Bonds; and WHEREAS, the City Council further wishes by this Resolution to approve the Preliminary Official Statement and to authorize and direct the delivery thereof to the Underwriter, subject to such modifications as the City Manager in his sole discretion deems appropriate following consultation with the City Attorney or the Disclosure Counsel, Financial Advisor or Special Tax Consultant to the City for CFD No. 2015-1 and the Bonds, and to authorize and direct the preparation, execution and delivery of a final Official Statement to be derived therefrom; and WHEREAS, all conditions, things, and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the 2017 Bonds as contemplated by this Resolution and the execution and delivery of the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act. Without limiting the generality of the foregoing, the City Council hereby finds and determines that the 2017 Bonds and the authorized applications of the proceeds of sale thereof are in compliance with the City's Local Goals and Policies Concerning Use of the Mello-Roos Community Facilities Act of 1982; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby finds, determines and resolves as follows: Section 1. The foregoing recitals are true and correct, and the City Council hereby so finds and determines. 8.1.a Packet Pg. 182 At t a c h m e n t : 1 . R e s o l u t i o n A u t h o r i z i n g I s s u a n c e o f S p e c i a l T a x B o n d s ; A p p r o v i n g t h e F o r m a n d A u t h o r i z i n g E x e c u t i o n o f a F i s c a l A g e n t Section 2. The City Council hereby authorizes the issuance of the 2017 Bonds pursuant to the Act, this Resolution and the Fiscal Agent Agreement in an aggregate principal amount to be set forth in the Purchase Contract, subject to the limitation on said principal amount as provided in Section 4 hereof. The 2017 Bonds shall be issued as the "City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017." The 2017 Bonds shall be executed in the form set forth in and otherwise as provided in the Fiscal Agent Agreement. Section 3. The City Council hereby approves the Fiscal Agent Agreement, the Purchase Contract and the Continuing Disclosure Certificate in the respective forms presented. The City Manager is hereby authorized and directed to execute each of these three agreements, for and in the name and on behalf of the City, subject to such modifications as the City Manager in his sole discretion deems appropriate following consultation with the City Attorney or the Bond Counsel, Financial Advisor or Special Tax Consultant to the City for CFD No. 2015-1 and the 2017 Bonds. The City Council hereby authorizes the performance by the City and its officers and employees of the duties and obligations imposed upon the City and its officers and employees under the terms of each of the three agreements. Without limiting the generality of the foregoing, the City shall coordinate with the Fiscal Agent to apply the proceeds of the 2017 Bonds for the purposes and in the amounts as set forth in the Fiscal Agent Agreement. Section 4. The City Manager is hereby authorized and directed to accept the offer of the Underwriter to purchase the 2017 Bonds as set forth in the Purchase Contract, as executed by the Underwriter and by the City Manager, for and in the name and on behalf of the City; provided that no modifications to the Purchase Contract prior to execution thereof shall authorize an aggregate principal amount of 2017 Bonds in excess of one-third of the appraised value of the taxable property within Improvement Area No. 1, as established by an appraisal report prepared prior to the execution of the Purchase Contract, or result in an underwriter's discount (excluding original issue discount) in excess of one and one-half percent (1.50 %). Section 5. The City Council hereby approves the Preliminary Official Statement in the form presented. The City Manager is hereby authorized and directed to approve changes to the Preliminary Official Statement prior to its dissemination to the Underwriter and prospective investors, and to execute and deliver a final Official Statement (the "Official Statement") to be derived from the Preliminary Official Statement, for and in the name and on behalf of the City, with such changes or additions thereto as the City Manager in his sole discretion deems appropriate following consultation with the City Attorney or the Disclosure Counsel, Financial Advisor or Special Tax Consultant to the City for CFD No. 2015-1 and the 2017 Bonds. The City Council hereby authorizes the Underwriter to distribute copies of said Preliminary Official Statement to persons who may be interested in the purchase of the Bonds and to deliver copies of the Official Statement to all actual purchasers of the 2017 Bonds. The City Manager is hereby authorized and directed to execute a certificate or certificates to the effect that the Preliminary Official Statement and the Official Statement were deemed "final" as of their respective dates for purposes of Rule 15c2 -12 of the Securities Exchange Act of 1934, and the City Manager is hereby authorized to so deem them final. 8.1.a Packet Pg. 183 At t a c h m e n t : 1 . R e s o l u t i o n A u t h o r i z i n g I s s u a n c e o f S p e c i a l T a x B o n d s ; A p p r o v i n g t h e F o r m a n d A u t h o r i z i n g E x e c u t i o n o f a F i s c a l A g e n t Section 6. The City hereby covenants, for the benefit of the owners of the 2017 Bonds, to commence and diligently pursue to completion any foreclosure action regarding delinquent installments of any amount levied as a Special Tax for the payment of interest or principal of the 2017 Bonds, said foreclosure action to be commenced and pursued as more completely set forth in the Fiscal Agent Agreement. Section 7. The 2017 Bonds, when executed by the prescribed officers of the City, shall be delivered to the Fiscal Agent for authentication. The Fiscal Agent is hereby requested and directed to authenticate the 2017 Bonds by executing the Fiscal Agent's certificate of authentication and registration appearing thereon, and to deliver the 2017 Bonds, when duly executed and authenticated, to the Underwriter in accordance with written instructions executed on behalf of the City by the City Manager, which instructions the City Manager is hereby authorized, for and in the name and on behalf of the City, to execute and deliver to the Fiscal Agent. Such instructions shall provide for the delivery of the 2017 Bonds to the Underwriter or its designee in accordance with the Purchase Contract, upon payment of the purchase price therefor. Section 8. All actions heretofore taken by the officers and agents of the City with respect to the establishment of CFD No. 2015-1 and the sale and issuance of the 2017 Bonds are hereby approved, confirmed and ratified, and the City Manager is hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which he may deem necessary or advisable in order to consummate the lawful issuance and delivery of the 2017 Bonds in accordance with this Resolution, and any certificate, agreement, and other document described in the documents herein approved. Any document herein approved and executed and delivered by any one of the City Manager shall be a valid and binding agreement of the City. Section 9. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Dublin at a regular meeting held on July 18, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED: __________________________ Mayor ATTEST: APPROVED AS TO FORM: __________________________ __________________________ City Clerk City Attorney 2433351.2 8.1.a Packet Pg. 184 At t a c h m e n t : 1 . R e s o l u t i o n A u t h o r i z i n g I s s u a n c e o f S p e c i a l T a x B o n d s ; A p p r o v i n g t h e F o r m a n d A u t h o r i z i n g E x e c u t i o n o f a F i s c a l A g e n t FISCAL AGENT AGREEMENT by and between the CITY OF DUBLIN and U.S. BANK NATIONAL ASSOCIATION, as Fiscal Agent Dated as of _____________ 1, 2017 Relating to: $_______________ City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017 8.1.b Packet Pg. 185 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) i TABLE OF CONTENTS ARTICLE I AUTHORITY AND DEFINITIONS Section 1.01. Authority for this Agreement ............................................................................................ 2 Section 1.02. Agreement for Benefit of Owners of the Bonds ............................................................... 2 Section 1.03. Definitions ........................................................................................................................ 2 ARTICLE II THE BONDS Section 2.01. Principal Amount; Designation ....................................................................................... 12 Section 2.02. Terms of Bonds .............................................................................................................. 12 Section 2.03. Redemption .................................................................................................................... 13 Section 2.04. Form of Bonds................................................................................................................ 16 Section 2.05. Execution and Authentication of Bonds ......................................................................... 16 Section 2.06. Transfer or Exchange of Bonds ..................................................................................... 16 Section 2.07. Bond Register ................................................................................................................ 17 Section 2.08. Temporary Bonds .......................................................................................................... 17 Section 2.09. Bonds Mutilated, Lost, Destroyed or Stolen .................................................................. 17 Section 2.10. Book-Entry Only System ................................................................................................ 18 ARTICLE III ISSUANCE OF 2017 BONDS Section 3.01. Issuance and Delivery of 2017 Bonds ........................................................................... 20 Section 3.02. Pledge of Special Tax Revenues ................................................................................... 20 Section 3.03. Limited Obligation .......................................................................................................... 20 Section 3.04. No Acceleration .............................................................................................................. 20 Section 3.05. Validity of Bonds ............................................................................................................ 21 Section 3.06. Parity Bonds ................................................................................................................... 21 ARTICLE IV PROCEEDS, FUNDS AND ACCOUNTS Section 4.01. Application of 2017 Bond Proceeds ............................................................................... 23 Section 4.02. Costs of Issuance Fund ................................................................................................. 23 Section 4.03. Reserve Fund................................................................................................................. 24 Section 4.04. Bond Fund...................................................................................................................... 25 Section 4.05. Special Tax Fund ........................................................................................................... 27 Section 4.06. Administrative Expense Fund ........................................................................................ 29 Section 4.07. Improvement Fund ......................................................................................................... 30 Section 4.08. Remainder Taxes Fund ................................................................................................. 31 ARTICLE V COVENANTS Section 5.01. Collection of Special Tax Revenues .............................................................................. 32 Section 5.02. Covenant to Foreclose ................................................................................................... 33 Section 5.03. Punctual Payment .......................................................................................................... 34 Section 5.04. Extension of Time for Payment ...................................................................................... 34 Section 5.05. Against Encumbrances .................................................................................................. 34 Section 5.06. Books and Records ........................................................................................................ 34 Section 5.07. Protection of Security and Rights of Owners ................................................................. 34 Section 5.08. Further Assurances ........................................................................................................ 34 Section 5.09. Private Activity Bond Limitations .................................................................................... 34 Section 5.10. Federal Guarantee Prohibition ....................................................................................... 34 Section 5.11. Rebate Requirement ...................................................................................................... 35 Section 5.12. No Arbitrage ................................................................................................................... 35 Section 5.13. Yield of the 2017 Bonds ................................................................................................. 35 Section 5.14. Maintenance of Tax-Exemption ..................................................................................... 35 8.1.b Packet Pg. 186 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) ii Section 5.15. Continuing Disclosure .................................................................................................... 35 Section 5.16. Limits on Special Tax Waivers and Bond Tenders ........................................................ 36 Section 5.17. City Bid at Foreclosure Sale .......................................................................................... 36 Section 5.18. Limitation on Principal Amount of Parity Bonds ............................................................. 36 Section 5.19. Amendment of Rate and Method .................................................................................... 36 ARTICLE VI INVESTMENTS; LIABILITY OF THE CITY Section 6.01. Deposit and Investment of Moneys in Funds ................................................................. 37 Section 6.02. Liability of City ................................................................................................................ 38 Section 6.03. Employment of Agents by City ....................................................................................... 39 ARTICLE VII THE FISCAL AGENT Section 7.01. The Fiscal Agent ............................................................................................................ 40 Section 7.02. Liability of Fiscal Agent .................................................................................................. 41 Section 7.03. Information; Books and Accounts .................................................................................. 42 Section 7.04. Notice to Fiscal Agent .................................................................................................... 42 Section 7.05. Compensation, Indemnification...................................................................................... 43 ARTICLE VIII MODIFICATION OR AMENDMENT Section 8.01. Amendments Permitted ................................................................................................. 44 Section 8.02. Owners’ Meetings .......................................................................................................... 45 Section 8.03. Procedure for Amendment with Written Consent of Owners ......................................... 45 Section 8.04. Disqualified Bonds ......................................................................................................... 45 Section 8.05. Effect of Supplemental Agreement ................................................................................ 46 Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments ............................. 46 Section 8.07. Amendatory Endorsement of Bonds .............................................................................. 46 ARTICLE IX MISCELLANEOUS Section 9.01. Benefits of Agreement Limited to Parties ...................................................................... 47 Section 9.02. Successor and Predecessor .......................................................................................... 47 Section 9.03. Discharge of Agreement ................................................................................................ 47 Section 9.04. Execution of Documents and Proof of Ownership by Owners ....................................... 48 Section 9.05. Waiver of Personal Liability ............................................................................................ 48 Section 9.06. Notices to and Demands on City and Fiscal Agent ....................................................... 48 Section 9.07. Partial Invalidity .............................................................................................................. 49 Section 9.08. Unclaimed Moneys ........................................................................................................ 49 Section 9.09. Applicable Law ............................................................................................................... 49 Section 9.10. Conflict with Act.............................................................................................................. 49 Section 9.11. Conclusive Evidence of Regularity ................................................................................ 49 Section 9.12. Payment on Business Day ............................................................................................. 50 Section 9.13. State Reporting Requirements....................................................................................... 50 Section 9.14. Counterparts .................................................................................................................. 51 EXHIBIT A: FORM OF 2017 BOND EXHIBIT B: OFFICER’S CERTIFICATE REQUESTING DISBURSEMENT FROM IMPROVEMENT FUND EXHIBIT C: OFFICER’S CERTIFICATE REQUESTING DISBURSEMENT FROM COSTS OF ISSUANCE FUND EXHIBIT D: OFFICER’S CERTIFICATE REQUESTING DISBURSEMENT FROM ADMINISTRATIVE EXPENSE FUND 8.1.b Packet Pg. 187 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 1 FISCAL AGENT AGREEMENT THIS FISCAL AGENT AGREEMENT (this “Agreement”) is made and entered into and dated as of ______________ 1, 2017, by and between the CITY OF DUBLIN, a municipal corporation and general law city organized and existing under and by virtue of the Constitution and laws of the State of California (the “City”) for and on behalf of the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “CFD”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America with a corporate trust office located in San Francisco, California, as fiscal agent (the “Fiscal Agent”). WITNESSETH: WHEREAS, the City Council of the City (the “City Council”) has formed the CFD under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (section 53311 et seq. of the California Government Code) (the “Act”); and WHEREAS, the City Council, as the legislative body with respect to the CFD, is authorized under the Act to levy special taxes to pay f or the costs of certain authorized public capital facilities and capital facilities fees within the CFD and to authorize the issuance of the Bonds (as defined in Section 1.03) in multiple series, each secured by the Special Taxes (as defined in Section 1.03) levied on the taxable property within a specified improvement area of the CFD; and WHEREAS, on _________, 2017, the City Council adopted Resolution No. __-17 (the “Resolution”), authorizing the issuance of the 2017 Bonds (as defined in Section 1.03) on behalf of the CFD, to be secured and to be made payable from proceeds of the Special Tax levied on the taxable property within Improvement Area No. 1 (as defined in Section 1.03); and WHEREAS, it is in the public interest and for the benefit of the City, the CFD and the persons responsible for the payment of special taxes that the City enter into this Agreement to provide for the issuance of the 2017 Bonds hereunder to finance the acquisition and construction of certain authorized public capital facilities and the payment of certain authorized capital facilities fees for the CFD and to provide for the disbursement of proceeds of the 2017 Bonds, the disposition of the Special Taxes securing the 2017 Bonds and the administration and payment of the 2017 Bonds; and WHEREAS, the City has determined that all things necessary to cause the 2017 Bonds, when authenticated by the Fiscal Agent and issued as provided in the Act, the Resolution and this Agreement, to be legal, valid, binding and limited obligations in accordance with their terms, and all things necessary to cause the creation, authorization, execution and delivery of this Agreement and the creation, authorization, execution and issuance of the 2017 Bonds, subject to the terms hereof, have in all respects been duly authorized. NOW, THEREFORE, in consideration of the covenants and provisions herein set forth and for other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 8.1.b Packet Pg. 188 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 2 ARTICLE I AUTHORITY AND DEFINITIONS Section 1.01. Authority for this Agreement. This Agreement is entered into pursuant to the Act and the Resolution. Section 1.02. Agreement for Benefit of Owners of the Bonds. The provisions, covenants and agreements herein set forth to be performed by or on behalf of the City shall be for the equal benefit, protection and security of the Owners of the Bonds. All of the Bonds, without regard to the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided in or permitted by this Agreement. Section 1.03. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.03 shall, for all purposes of this Agreement, of any Supplemental Agreement, and of any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to “Articles,” “Sections” and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Sections 53311 et seq. of the California Government Code. “Administrative Expenses” means costs directly related to the administration of the CFD consisting of: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by a City employee or consultant or both) and the costs of collecting the Special Taxes (whether on the secured property tax roll of the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; costs of the Fiscal Agent (including its legal counsel) in the discharge of its duties under this Agreement; the costs of the City or its consultants relating to the annexation of property to the CFD; the costs of the City or its designee of complying with the disclosure provisions of the Act and this Agreement, including those related to public inquiries regarding the Special Tax and both initial and continuing disclosures to the Original Purchaser and the Owners of the Bonds; the costs of the City or its designee related to an appeal of the Special Tax; any amounts required to be rebated to the federal government; an allocable share of the salaries of the City staff directly related to the foregoing and a proportionate amount of City general administrative overhead related thereto. Administrative Expenses shall also include amounts advanced by the City for any administrative purpose of the CFD, including costs related to prepayments of Special Taxes, recordings related to such prepayments and satisfaction of Special Taxes, amounts advanced to ensure maintenance of tax exemption of interest on the Bonds, and the costs of prosecuting foreclosure on account of delinquent Special Taxes. “Administrative Expense Fund” means the fund designated the “City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Administrative Expense Fund" established and administered under Section 4.06. 8.1.b Packet Pg. 189 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 3 “Administrator” means the person or firm designated in writing to the Fiscal Agent by the Director of Administrative Services to administer the Special Tax in accordance with the Rate and Method; provided that in the absence of such written designation, the Director of Administrative Services shall perform the duties of the Administrator under this Agreement and the Rate and Method. “Agreement” means this Fiscal Agent Agreement, as it may be amended or supplemented from time to time by any Supplemental Agreement adopted pursuant to the provisions hereof. “Annual Debt Service” means, for each Bond Year, the sum of (i) the interest due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled, and (ii) the principal amount of the Outstanding Bonds due in such Bond Year (including any mandatory sinking payment due in such Bond Year). “Auditor” means the Auditor/Controller of the County, or such other official at the County who is responsible for preparing property tax bills. “Authorized Officer” means the City Manager, the Assistant City Manager, the Director of Administrative Services or any other officer or employee authorized by the City Council of the City or by an Authorized Officer to undertake an action referenced in this Agreement as required to be undertaken by an Authorized Officer. “Bond Counsel” and “Bond and Disclosure Counsel” means Meyers, Nave, Riback, Silver & Wilson, A Professional Law Corporation or any other attorney or firm of attorneys acceptable to the City and nationally recognized f or expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities. “Bond” or “Bonds” means the 2017 Bonds and, if the context requires, any Parity Bonds, at any time Outstanding under this Agreement or any Supplemental Agreement and all of which are secured by and are payable from proceeds of the Special Taxes of Improvement Area No. 1. “2017 Bonds” means the City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017. “Bond Fund” means the fund designated the “City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Bond Fund” established and administered under Section 4.04. “Bond Year” means the one-year period beginning on September 2nd in each year and ending on September 1 in the following year, except that the first Bond Year shall begin on the Closing Date and shall end on September 1, 20__. “Boundary Map” means that certain map entitled “Proposed Boundaries of City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing),” approved by Resolution No. 54-15, adopted by the Council on April 21, 2015, and recorded in the official records of the Alameda County Recorder on May 4, 2015, in Book 18 of Maps of Assessment and Community Facilities Districts, at page 61, as Document No. 2015118036. 8.1.b Packet Pg. 190 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 4 “Business Day” means any day other than (i) a Saturday or a Sunday or (ii) a day on which banking institutions in the state in which the Fiscal Agent has its principal corporate trust office are authorized or obligated by law or executive order to be closed. “Capitalized Interest Account” means the account by that name held by the Fiscal Agent and established and administered under Section 4.04 (A). “CDIAC” means the California Debt and Investment Advisory Commission in the Office of the California State Treasurer, or any successor agency, board or commission. “CFD” means the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) formed under the Resolution of Formation. “City” means the City of Dublin, California and any successor thereto. “City Attorney” means any attorney or firm of attorneys employed by the City in the capacity of City attorney. “Closing Date” means the date upon which there is a physical delivery of the 2017 Bonds in exchange for the amount representing the purchase price of the 2017 Bonds by the Original Purchaser, as set forth in Section 4.01. “Continuing Disclosure Agreement” shall mean that certain Continuing Disclosure Agreement executed by the City and the dissemination agent identified therein, dated as of ______________, 2017, as originally executed and as it may be amended from time to time in accordance with the terms thereof. “Costs of Issuance” means items of expense payable or reimbursable directly or indirectly by the City and related to the authorization, sale, delivery and issuance of the 2017 Bonds, which items of expense shall include, but not be limited to, printing costs, costs of reproducing and binding documents, closing costs, appraisal costs, filing and recording fees, fees and expenses of counsel to the City, initial fees and charges of the Fiscal Agent including its first annual administration fees and its legal fees and charges, including the allocated costs of in-house attorneys, expenses incurred by the City in connection with the issuance of the 2017 Bonds, bond (underwriter’s) discount, legal fees and charges, including those of Bond and Disclosure Counsel, financial consultant’s fees, charges for execution, authentication, transportation and safekeeping of the 2017 Bonds and any other costs, charges and fees of a like nature. “Costs of Issuance Fund” means the fund designated the “City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Costs of Issuance Fund” established and administered under Section 4.02. “City Council” means the City Council of the City in its capacity as the legislative body of the CFD. “County” means the County of Alameda, California. “Dated Date” means the dated date of the 2017 Bonds, which is the Closing Date. 8.1.b Packet Pg. 191 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 5 “Debt Service” means the scheduled amount of interest and amortization of principal payable on the 2017 Bonds under Sections 2.02 and 2.03 and the scheduled amount of interest and amortization of principal payable on any Parity Bonds during the period of computation, in each case excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. “Depository” means (a) initially, DTC, and (b) any other Securities Depository acting as Depository for book-entry under Section 2.10. “Developer” means Dublin Crossing, LLC, and its successors and assigns. “Director of Administrative Services” means the official of the City having that title, or such official's designee, who acts in the capacity as the chief financial officer of the City. “Director of Public Works” means the official of the City having that title, or such official’s designee. “DTC” means The Depository Trust Company, New York, New York, and its successors and assigns. “Fair Market Value” means with respect to Permitted Investments, the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Tax Code) and, otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm’s length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Tax Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Tax Code, (iii) the investm ent is a United States Treasury Security—State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) any commingled investment fund in which the City and related parties do not own more than a ten percent (10%) beneficial interest if the return paid by such fund is without regard to the source of the investment. “Federal Securities” means: (a) any direct general obligations of the United States of America (including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States of America), the payment of principal of and interest on which are unconditionally and fully guaranteed by the United States of America; and (b) any obligations the principal of and interest on which are unconditionally guaranteed by the United States of America. “Fiscal Agent” means U.S. Bank National Association, the Fiscal Agent appointed by the City and acting as an independent fiscal agent with the duties and powers herein provided, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 7.01. “Fiscal Year” means the twelve-month period extending from July 1 in a calendar year to June 30 of the succeeding year, both dates inclusive. 8.1.b Packet Pg. 192 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 6 “Improvement Area No. 1” means the property within the boundary of the CFD and designated as “Improvement Area No. 1,” as shown on the Boundary Map. “Improvement Area No. 1 Value” means the market value, as of the date of the appraisal described below and/or the date of the most recent County real property tax roll, as applicable, of all parcels of real property in Improvement Area No. 1 subject to the levy of the Special Taxes and not delinquent in the payment of any Special Taxes then due and owing, including with respect to such nondelinquent parcels the value of the then existing improvements and any facilities to be constructed or acquired with any amounts then on deposit in the Improvement Fund and the Remainder Taxes Fund and with the proceeds of any proposed series of Parity Bonds, as determined with respect to any parcel or group of parcels by reference to (i) an appraisal performed within six (6) months of the date of issuance of any proposed Parity Bonds by an MAI appraiser (the “Appraiser”) selected by the City, or (ii) in the alternative, the assessed value of all such nondelinquent parcels and improvements thereon as shown on the then current County real property tax roll available to the Director of Administrative Services. It is expressly acknowledged that, in determining the Improvement Area No. 1 Value, the City may rely on an appraisal to determine the value of some or all of the parcels in Improvement Area No. 1 and/or the most recent County real property tax roll as to the value of some or all of the parcels in Improvement Area No. 1. Neither the City nor any Authorized Officer shall be liable to the Owners, the Original Purchaser or any other person or entity in respect of any appraisal provided for purposes of this definition or by reason of any exercise of discretion made by any Appraiser pursuant to this definition. “Improvement Fund” means the fund designated “City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Improvement Fund,” established under Section 4.07. “Independent Financial Consultant” means any consultant or firm of such consultants appointed by the City or the Director of Administrative Services, and who, or each of whom: (i) is judged by the Director of Administrative Services to have experience in matters relating to the issuance and/or administration of bonds under the Act; (ii) is in fact independent and not under the domination of the City; (iii) does not have any substantial interest, direct or indirect, with or in the City, or any owner of real property in the CFD, or any real property in the CFD; and (iv) is not connected with the City as an officer or employee of the City, but who may be regularly retained to make reports to the City. “Information Services” means (i) the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access website and (ii) in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such services providing information with respect to called bonds as the City may designate in an Officer’s Certificate delivered to the Fiscal Agent. “Interest Payment Date” means each March 1 and September 1 of every calendar year, commencing with ___________ 1, 20__. “Maximum Annual Debt Service” means the largest Annual Debt Service for any Bond Year after the calculation is made through the final maturity date of any Outstanding Bonds. “Officer’s Certificate” means a written certificate of the City signed by an Authorized Officer of the City. 8.1.b Packet Pg. 193 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 7 “Ordinance” means any ordinance of the City Council of the City levying the Special Taxes, including but not limited to Ordinance 3-15 adopted by the Council on June 16, 2015. “Original Purchaser” means Prager & Co., LLC, the first purchaser of the 2017 Bonds from the City. “Outstanding,” when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 8.04) all Bonds except (i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal Agent for cancellation; (ii) Bonds paid or deemed to have been paid within the meaning of Section 9.03; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the City under this Agreement or any Supplemental Agreement. “Owner” or “Bondowner” means any person who shall be the registered owner of any Outstanding Bond. “Parity Bonds” means bonds issued by the City for the CFD in addition to the 2017 Bonds and payable on a parity with any then Outstanding Bonds pursuant to Section 3.06. “Participating Underwriter” shall have the meaning ascribed thereto in the Continuing Disclosure Agreement. “Permitted Investments” means any of the following which at the time of investment are legal investments under the laws of the State and the City's investment policies for the moneys proposed to be invested therein (the Fiscal Agent is entitled to conclusively rely on written investment direction of the City as a determination by the City that such investment is a legal investment), but only to the extent that the same are acquired at Fair Market Value: (a) Federal Securities; (b) bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies and provided such obligations are backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): (i) direct obligations or fully guaranteed certificates of beneficial ownership of the U.S. Export-Import Bank; (ii) certificates of beneficial ownership of the Farmers Home Administration; (iii) obligations of the Federal Financing Bank; (iv) debentures of the Federal Housing Administration; (v) participation certificates of the General Services Administration ; (vi) guaranteed mortgage-backed bonds or guaranteed pass-through obligations of the Government National Mortgage Association; (vii) gua ranteed Title XI financings of the U.S. Maritime Administration; and (viii) project notes, local authority bonds, new communities debentures and U.S. public housing notes and bonds of the U.S. Department of Housing and Urban Development; (c) bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following non-full faith and credit U.S. government agencies (stripped securities are only permitted if they have been stripped by the agency itself): (i) senior debt obligations of the Federal Home Loan Bank System; (ii) participation certificates and senior debt obligations of the Federal Home Loan Mortgage Corporation; (iii) mortgage -backed securities and senior debt obligations of the Federal National Mortgage Association (excluding stripped mortgage securities which are valued greater than par on the portion of unpaid 8.1.b Packet Pg. 194 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 8 principal); (iv) senior debt obligations of the Student Loan Marketing Association; (v) obligations (but only the i nterest component of stripped obligations) of the Resolution Funding Corporation; and (vi) consolidated system-wide bonds) and notes of the Farm Credit System; (d) money market funds (including funds of the Fiscal Agent or its affiliates) registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating by S&P of “AAAm -G”, “AAAm”, or "AAm," or, if rated by Moody’s, rated "Aaa-mf", "Aa-mf' or "A-mf"; (e) certificates of deposit secured at all times by collateral described in (a) or (b) above, which have a maturity of one year or less, which are issued by commercial banks, savings and loan associations or mutual savings banks, and such collateral must be held by a third party, and the Fiscal Agent must have a perfected first security interest in such collateral; (f) certificates of deposit, savings accounts, deposit accounts or money market deposits (including those of the Fiscal Agent and its affiliates) which are fully insured by the Federal Deposit Insurance Corporation; (g) investment agreements, including guaranteed investment contracts, forward purchase agreements and Reserve Account put agreements, which are general obligations of an entity whose long term debt obligations, or claims paying ability, respectively, is rated in one of the two highest rating categories by Moody's or S&P; (h) commercial paper rated, at the time of purchase, "Prime-1" by Moody's and "A 1" or better by S&P; (i) bonds or notes issued by any state or municipality which are rated by Moody's and S&P in one of the two highest rating categories assigned by such agencies; (j) deposit accounts, federal funds or bankers acceptances with a maximum term of one year of any bank which has an unsecured, uninsured and unguaranteed obligati on rating of "Prime -1" or "A3" or better by Moody's and "A-1" or "A" or better by S&P; (k) repurchase agreements which provide for the transfer of securities from a dealer bank or securities firm (seller/borrower) to the Fiscal Agent and the transfer of cash from the Fiscal Agent to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the Fiscal Agent in exchange for the securitie s at a specified date, which satisfy the following criteria: (i) repurchase agreements must be between the Fiscal Agent and (A) a primary dealer on the Federal Reserve reporting dealer list which falls under the jurisdiction of the Securities Investors Protection Corporation which are rated "A" or better by Moody's and S&P, or (B) a bank rated "A" or better by Moody's and S&P; (ii) the written repurchase agreement contract must include the following: (A) securities acceptable for transfer, which may be direct U.S. government obligations, or federal agency obligations backed by the full faith and credit of the U.S. government; (B) the term of the repurchase agreement may be up to 30 days; (C) the collateral must be delivered to the Fiscal Agent or a t hird party acting as agent for the Fiscal Agent 8.1.b Packet Pg. 195 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 9 simultaneous with payment (perfection by possession of certificated securities); (D) the Fiscal Agent must have a perfected first priority security interest in the collateral; (E) the collateral must be free and clear of third -party liens and, in the case of a broker which falls . under the jurisdiction of the Securities Investors Protection Corporation, are not subject to a repurchase agreement or a reverse repurchase agreement; (F) failure to maintain the requisite collateral percentage, after a two -day restoration period, will require the Fiscal Agent to liquidate the collateral; (G) the securities must be valued weekly, marked -to- market at current market price plus accrued interest and the value of collateral must be equal to 104% of the amount of cash transferred by the Fiscal Agent to the dealer bank or securities firm under the repurchase agreement plus accrued interest (unless the securities used as collateral are obligations of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, in which case the collateral must be equal to 105% of the amount of cash transferred by the Fiscal Agent to the dealer bank or securities firm under the repurchase agreement plus accrued interest). If the value of securities held as collateral falls below 104% of the value of the cash transferred by the Fiscal Agent, then additional cash and/or acceptable securities must be transferred; and (iii) a legal opinion must be delivered to the Fiscal Agent to the effect that the repurchase agreement meets guidelines under state law for legal investment of public funds; (l) the Local Agency Investment Fund of the State of California, created pursuant to Section 16429.1 of the California Government Code, to the extent the Fiscal Agent is authorized to register such investment in its name; and (k) the California Asset Management Program. “Principal Office” means such corporate trust office of the Fiscal Agent as may be designated from time to time by written notice from the Fiscal Agent to the City, initially being at the address set forth in Section 9.06, or such other office designated by the Fiscal Agent from time to time; except that with respect to presentation of Bonds for payment or for registration of transfer and exchange such term shall mean the office or agency of the Fiscal Agent at which, at any particular time, its corporate trust agency business shall be conducted, initially in St. Paul MN. “Priority Administrative Expenses Amount” means (i) for Fiscal Year 20__-__, the amount of $25,000 and (ii) for each succeeding Fiscal Year, the sum of (A) the Priority Administrative Expenses Amount for the preceding Fiscal Year plus (B) 2% of the Priority Administrative Expenses Amount for the preceding Fiscal Year. “Proceeds” when used with reference to the Bonds, means the face amount of the Bonds, plus any accrued interest and original issue premium, less any original issue and/or underwriter’s discount. “Project” means those items described as the “Authorized CFD Public Improvements” in the Resolution of Intention. “Rate and Method” means the Rate and Method of Apportionment of Special Tax for Improvement Area No. 1, as set forth in Exhibit B to the Resolution of Formation, as it may subsequently be amended in compliance with its provisions and the provisions of this Agreement and the Act. 8.1.b Packet Pg. 196 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 10 “Rating Agency” means any nationally recognized rating agency. “Record Date” means the fifteenth day of the calendar month next preceding the applicable Interest Payment Date, whether or not such day is a Business Day. “Refunding Bonds” means bonds issued by the City for the CFD, the net proceeds of which are used to refund all or a portion of the then-Outstanding Bonds; provided that (i) the total interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds is less than the total interest cost to maturity on the Bonds to be refunded plus the principal amount of the Bonds to be refunded and (ii) the final maturity of the Refunding Bonds is not later than the final maturity of the Bonds being refunded. “Remainder Taxes” means that amount of Special Tax Revenues received by the City on account of Special Taxes for Improvement Area No. 1 during the one-year period ending on September 2 of each Fiscal Year, excluding proceeds of Special Tax Prepayments, which exceeds the sum of the following: (i) amounts paid during said one-year period on account of principal of and interest on the Bonds, exclusive of the amount of (a) interest paid from the Capitalized Interest Account, if any, and (b) any such principal and interest paid from proceeds of Special Tax Prepayments, if any, (ii) amounts included in the Special Tax Requirement for the prior Fiscal Year on account of Administrative Expenses and (iii) amounts, if any, deposited into the Reserve Fund during said one-year period to restore the balance in the Reserve Fund to the Reserve Requirement. “Remainder Taxes Fund” means the fund designated the “City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Remainder Taxes Fund,” to be established and administered by the City under Section 4.08. “Reserve Fund” means the fund designated the “City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing), Special Tax Bonds, Reserve Fund” established and administered under Section 4.03. “Reserve Requirement” means, as of the date of any calculation, an amount equal to the least of (i) Maximum Annual Debt Service on the Outstanding Bonds, (ii) 125% of average Annual Debt Service on the Outstanding Bonds and (iii) 10% of the original principal amount of the Bonds. “Resolution” or “Resolution of Issuance” means Resolution No. __-17 adopted by the Council on ______________, 2017, authorizing the issuance of the 2017 Bonds. “Resolution of Formation” means Resolution No. 96-15 adopted by the Council on June 2, 2015, forming the CFD. “Resolution of Intention” means Resolution No. 56-15 adopted by the Council on April 21, 2015. “Securities Depositories” means DTC and, in accordance with then current guidelines of the Securities and Exchange Commission, such other securities depositories as the City may designate in an Officer’s Certificate delivered to the Fiscal Agent. 8.1.b Packet Pg. 197 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 11 “Special Tax Fund” means the special fund designated “City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing), Special Tax Fund” established and administered under Section 4.05. “Special Tax Prepayments” means the proceeds of any Special Tax prepayments received by the City with respect to Improvement Area No. 1, as calculated pursuant to the Rate and Method, less any administrative fees or penalties collected as part of any such prepayment. “Special Tax Prepayments Account” means the account by that name established within the Bond Fund by Section 4.04(A) hereof. “Special Tax Revenues” means the proceeds of the Special Tax received by the City, including (a) any scheduled payments thereof, (b) any Special Tax Prepayments, (c) the proceeds of the redemption of any delinquent payments of the Special Tax and (d) the proceeds of redemption or sale of property sold as a result of foreclosure on account of delinquent payments of the Special Tax, but excluding therefrom any penalties collected in connection with any such foreclosure. “Special Tax” or “Special Taxes” means the Special Tax (as defined in the Rate and Method) levied by the City pursuant to the Rate and Method within Improvement Area No. 1 under the Act, the Ordinance and this Agreement. “State” means the State of California. “Supplemental Agreement” means an agreement the execution of which is authorized by a resolution which has been duly adopted by the City Council under the Act and which agreement is amendatory of or supplemental to this Agreement, but only if and to the extent that such agreement is specifically authorized hereunder. “Tax Code” means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable temporary and final regulations promulgated, and applicable official public guidance published, under the Tax Code. “Term Bonds” means the 2017 Bonds maturing on September 1, 20__. “2017 Bonds” means the Bonds so designated and authorized to be issued under Section 2.01 hereof. “Verification Agent” means an individual or firm of individuals appointed by the City or the Director of Administrative Services to advise the City with respect to the sufficiency of cash and/or Federal Securities, as provided by subsection (C) of Section 9.03 hereof, and who, or each of whom, (i) is judged by the Director of Administrative Services to have experience in matters relating to such determinations; (ii) is in fact independent and not under the domination of the City; (iii) does not have any substantial interest, direct or indirect, with or in the City, or any owner of real property in the CFD, or any real property in the CFD; and (iv) is not connected with the City as an officer or employee of the City, but who may be regularly retained to make reports to the City. 8.1.b Packet Pg. 198 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 12 ARTICLE II THE BONDS Section 2.01. Principal Amount; Designation. The 2017 Bonds in the aggregate principal amount of _____________________________________ Dollars ($_________) are hereby authorized to be issued by the City for the CFD under and subject to the terms of the Act, the Resolution, this Agreement and other applicable laws of the State of California. The 2017 Bonds shall be designated as the “City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017”. Section 2.02. Terms of the 2017 Bonds. (A) Form; Denominations. The 2017 Bonds shall be issued as fully registered Bonds without coupons. The 2017 Bonds shall be lettered and numbered in a customary manner as determined by the Fiscal Agent. The 2017 Bonds shall be issued in the denominations of $5,000 or any integral multiple in excess thereof. (B) Date of 2017 Bonds. The 2017 Bonds shall be dated the Closing Date. (C) CUSIP Identification Numbers. “CUSIP” identification numbers may, at the election of the Original Purchaser of the Bonds, be imprinted on the Bonds, but such numbers shall not constitute a part of the contract evidenced by the Bonds and any error or omission with respect thereto shall not constitute cause for refusal of any purchaser to accept delivery of and pay for the Bonds. In addition, failure on the part of the City or the Fiscal Agent to use such CUSIP numbers in any notice to Owners shall not constitute an event of default or any violation of the City’s contract with such Owners and shall not impair the effectiveness of any such notice. (D) Maturities; Interest Rates. The 2017 Bonds shall mature and become payable on each September 1 in the principal amounts, and shall bear interest at the rates per annum, indicated in the below table. Maturity (September 1) Principal Amount Interest Rate 20__ $ % 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ 8.1.b Packet Pg. 199 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 13 20__ 20__ 20__ 20__ 20__ 20__* _____________ * Term Bond (E) Interest. The 2017 Bonds shall bear interest at the rates set forth above payable on the Interest Payment Dates in each year. Interest on all Bonds shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Each 2017 Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such date of authentication, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated on or before the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from the Dated Date; provided, however, that if at the time of authentication of a 2017 Bond, interest is in default thereon, such 2017 Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. (F) Method of Payment. Interest on the Bonds (including the final interest payment upon maturity or earlier redemption), is payable on the applicable Interest Payment Date by check of the Fiscal Agent mailed by first class mail to the registered Owner thereof at such registered Owner’s address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer made on such Interest Payment Date upon written instructions of any Owner of $1,000,000 or more in aggregate principal amount of Bonds delivered to the Fiscal Agent prior to the applicable Record Date, which instructions shall continue in effect until revoked in writing, or until such Bonds are transferred to a new Owner. The interest, principal of and any premium on the Bonds are payable in lawful money of the United States of America, with principal and any premium payable upon surrender of the Bonds at the Principal Office of the Fiscal Agent. All Bonds paid by the Fiscal Agent pursuant this Section shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled Bonds and issue a certificate of destruction of such Bonds to the City. Section 2.03. Redemption. (A) Redemption Provisions. (i) Optional Redemption. The 2017 Bonds maturing on or after September 1, 20__ are subject to redemption prior to their stated maturities, on any date on and after September 1, 20__, in whole or in part, at a redemption price equal to the principal amount of the 2017 Bonds to be redeemed, together with accrued interest thereon to the date fixed for redemption, without premium. (ii) Mandatory Partial Redemption. The Term Bonds maturing on September 1, 20__ are subject to mandatory partial redemption in part by lot, from payments made by the City from the Bond Fund, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the 8.1.b Packet Pg. 200 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 14 redemption date, without premium, in the aggregate respective principal amounts all as set forth in the following table: Mandatory Partial Redemption Date (September 1) Principal Amount Subject to Redemption 20__ $ 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ (Maturity) Provided, however, if some but not all of the Term Bonds have been redeemed under subsection (i) above or subsection (iii) below, the total amount of all future Mandatory Partial Redemptions shall be reduced by the aggregate principal amount of Term Bonds so redeemed, to be allocated among such Mandatory Partial Redemption Dates on a pro rata basis in integral multiples of $5,000 as determined by or on behalf of the City, notice of which determination (which shall consist of a revised mandatory partial redemption schedule) shall be given by the City to the Fiscal Agent. (iii) Redemption from Special Tax Prepayments. Special Tax Prepayments and any corresponding transfers from the Reserve Fund pursuant to Section 4.03(F) shall be used to redeem 2017 Bonds on the next Interest Payment Date for which notice of redemption can timely be given under Section 2.03(D), among maturities so as to maintain substantially the same debt service profile for the Bonds as in effect prior to such redemption and by lot within a maturity, at a redemption price (expressed as a percentage of the principal amount of the 2017 Bonds to be redeemed), as set forth below, together with accrued interest to the date fixed for redemption: Redemption Date Redemption Price Any Interest Payment Date on or before March 1, 20__ 103% On September 1, 20__ and March 1, 20__ 102 On September 1, 20__ and March 1, 20__ 101 On September 1, 20__ and any Interest Payment Date thereafter 100 (B) Notice to Fiscal Agent. The City shall give the Fiscal Agent written notice of its intention to redeem Bonds under subsection (A)(i) and (A)(iii) not less than forty-five (45) days prior to the applicable redemption date or such lesser number of days as shall be allowed by the Fiscal Agent in the sole determination of the Fiscal Agent, such notice to the Fiscal Agent for the convenience of the Fiscal Agent in performing its duties hereunder. (C) Purchase of Bonds in Lieu of Redemption. In lieu of redemption under Section 2.03(A), moneys in the Bond Fund or other funds provided by the City may be used and withdrawn by the Fiscal Agent for purchase of Outstanding 2017 Bonds, upon the filing with the Fiscal Agent of an Officer’s Certificate requesting such purchase, at public or private sale as 8.1.b Packet Pg. 201 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 15 and when, and at such prices (including brokerage and other charges) as such Officer’s Certificate may provide, but in no event may 2017 Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase and any premium which would otherwise be due if such 2017 Bonds were to be redeemed in accordance with this Agreement. Any 2017 Bonds purchased pursuant to this Section 2.03(C) shall be treated as outstanding 2017 Bonds under this Fiscal Agent Agreement, except to the extent otherwise directed by the Director of Administrative Services. (D) Redemption Procedure by Fiscal Agent. (i) Notices. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least thirty (30) days but not more than sixty (60) days prior to the date fixed for redemption, to the Securities Depositories, to one or more Information Services, and to the respective registered Owners of any Bonds designated for redemption, at their addresses appearing on the Bond registration books in the Principal Office of the Fiscal Agent; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds. (ii) Contents of Notices. Such notice shall state the redemption date and the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption shall state as to any Bond called in part the principal amount thereof to be redeemed, and shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date. The cost of mailing any such redemption notice and any expenses incurred by the Fiscal Agent in connection therewith shall be paid by the City from amounts in the Administrative Expense Fund. The City has the right to rescind any notice of the optional redemption of Bonds by written notice to the Fiscal Agent on or prior to the date fixed for redemption. Any notice of optional redemption shall be cancelled and annulled if for any reason funds will not be or are not available on the date fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation shall not constitute a default under this Agreement. The City and the Fiscal Agent have no liability to the Owners or any other party related to or arising from such rescission of redemption. The Fisc al Agent shall mail notice of such rescission of redemption in the same manner as the original notice of redemption was sent under this Section. (iii) Partial Redemption. Whenever provision is made in this Agreement for the redemption of less than all of the Bonds, the Fiscal Agent shall select the Bonds to be redeemed, from all Bonds or such given portion thereof not previously called for redemption, among maturities so as to maintain substantially the same debt service profile for the Bonds as in effect prior to such redemption, and by lot within a maturity. (iv) New Bonds. Upon surrender of Bonds redeemed in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the Owner, at the expense of the City, a new Bond or Bonds, of the same series and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds of such Owner. 8.1.b Packet Pg. 202 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 16 (E) Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the principal of, and interest and any premium on, the Bonds so called for redemption shall have been deposited in the Bond Fund, such Bonds so called shall cease to be entitled to any benefit under this Agreement other than the right to r eceive payment of the redemption price, and no interest shall accrue thereon on or after the redemption date specified in the notice of redemption. All Bonds redeemed and purchased by the Fiscal Agent under this Section 2.03 shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled Bonds in accordance with the Fiscal Agent’s retention policy then in effect. Section 2.04. Form of Bonds. The 2017 Bonds, the Fiscal Agent’s certificate of authentication and the assignment, to appear thereon, shall be substantially in the forms, respectively, set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Agreement, the Resolution and the Act. Section 2.05. Execution and Authentication of Bonds. (A) Execution. The Bonds shall be executed on behalf of the City by the manual or facsimile signatures of its Mayor and its City Clerk who are in office on the date of execution of this Agreement or at any time thereafter, and the seal of the City shall be impressed, imprinted or reproduced by facsimile thereon. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bonds to the Owner, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Bonds to the Owner. Any Bond may be signed and attested on behalf of the City by such persons as at the actual date of the execution of such Bond shall be the proper officers of the City although at the nominal date of such Bond any such person shall not have been such officer of the City. (B) Authentication. Only such Bonds as shall bear thereon a certificate of authentication in substantially the form set forth in Exhibit A, executed and dated by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of authentication of the Fiscal Agent shall be conclusive evidence that the Bonds registered hereunder have been duly authenticated, registered and delivered hereunder and are entitled to the benefits of this Agreement. Section 2.06. Transfer or Exchange of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the books required to be kept under the provisions of Section 2.07 by the person in whose name it is registered, in person or by such person’s duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a duly written instrument of transfer in a form acceptable to the Fiscal Agent. Bonds may be exchanged at the Principal Office of the Fiscal Agent solely for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer or exchange shall be paid by the City from amounts in the Administrative Expense Fund. The Fiscal Agent shall collect from the Owner requesting such transfer or exchange any tax or other governmental charge required to be paid with respect to such transfer or exchange. Whenever any Bond or Bonds shall be surrendered for transfer or exchange, the City shall execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for a like aggregate principal amount. No transfers or exchanges of Bonds shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption or (ii) with 8.1.b Packet Pg. 203 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 17 respect to a Bond after such Bond has been selected for redemption; or (iii) between a Record Date and the succeeding Interest Payment Date. Section 2.07. Bond Register. The Fiscal Agent will keep, or cause to be kept, at its Principal Office sufficient books for the registration and tr ansfer of the Bonds which books shall show the series number, date, amount, rate of interest and last known owner of each Bond and shall at all times be open to inspection by the City during regular business hours upon reasonable notice; and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, the ownership of the Bonds as hereinbefore provided. The City and the Fiscal Agent will treat the Owner of any Bond whose name appears on the Bond register as the absolute Owner of such Bond for any and all purposes, and the City and the Fiscal Agent shall not be affected by any notice to the contrary. The City and the Fiscal Agent may rely on the address of the Owner as it appears in the Bond register for any and all purposes. Section 2.08. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such authorized denominations as may be determined by the City, and may contain such reference to any of the provisions of this Agreement as may be appropriate. Every temporary Bond shall be executed by the City upon the same conditions and in substantially the same manner as the definitive Bonds. If the City issues temporary Bonds, it will execute and furnish definitive Bonds without delay and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange for the definitive Bonds at the Principal Office of the Fiscal Agent or at such other location as the Fiscal Agent shall designate, and the Fiscal Agent shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under this Agreement as definitive Bonds authenticated and delivered hereunder. Section 2.09. Bonds Mutilated, Lost, Destroyed or Stolen. (A) Mutilated. If any Bond shall become mutilated, at the expense of the Owner of such Bond, the City shall execute and the Fiscal Agent shall authenticate and deliver a replacement Bond of like tenor and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be canceled by it and destroyed by the Fiscal Agent, in accordance with the Fiscal Agent’s retention policy then in effect. (B) Destroyed or Stolen. If any Bond shall be lost, destroyed or stolen, the City shall execute and the Fiscal Agent shall authenticate and deliver a replacement Bond of like tenor and principal amount in lieu of and in substitution for the Bond so lost, destroyed or stolen, at the expense of the Owner, but only following provision by the Owner to the Fiscal Agent of indemnity for the City and the Fiscal Agent satisfactory to the Fiscal Agent. The City may require payment of a sum not exceeding the actual cost of preparing each a replacement Bond delivered under this Section, and the City and the Fiscal Agent may require payment of the expenses which may be incurred by the City and the Fiscal Agent for the preparation, execution, authentication and delivery thereof. Any Bond delivered under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the City whether or not the Bond so alleged to be lost, destroyed or stolen is at any time enforceable by anyone, and shall be equally and 8.1.b Packet Pg. 204 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 18 proportionately entitled to the benefits of this Agreement with all other Bonds issued under this Agreement. (C) Additional Supply. If the Fiscal Agent has an insufficient supply of unauthenticated printed Bonds for such purpose, it shall communicate with the Director of Administrative Services with respect to the printing of an additional supply of Bonds, in such quantities and as otherwise approved in writing by the Director of Administrative Services. Section 2.10. Book-Entry Only System. DTC shall act as the initial Depository for the Bonds. One Bond for each maturity of each series of the Bonds shall be initially executed, authenticated, and delivered as set forth herein with a separate fully registered certificate (in print or typewritten form). Upon initial execution, authentication, and delivery, the ownership of the Bonds shall be registered in the Bond register kept by the Fiscal Agent for the Bonds in the name of Cede & Co., as nominee of DTC or such other nominee as DTC shall appoint in writing. The Authorized Officers of the City and the Fiscal Agent are hereby authorized to take any and all actions as may be necessary and not inconsistent with this Agreement to qualify the Bonds for the Depository's book-entry system, including the execution of the Depository's required representation letter. With respect to Bonds registered in the Bond register in the name of Cede & Co., as nominee of DTC, neither the City nor the Fiscal Agent shall have any responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds Bonds as Depository from time to time (the “DTC Participants”) or to any person for which a DTC Participant acquires an interest in the Bonds (the “Beneficial Owners”). Without limiting the immediately preceding sentence, neither the City nor the Fiscal Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant, any Beneficial Owner, or any other person, other than DTC, of any notice with respect to the Bonds, including any Bonds to be redeemed in the event the City elects to redeem the Bonds, in part, (iii) the selection by the Depository of the beneficial interests in the Bonds to be redeemed in the event the City elects to redeem the Bonds in part, (iv) the payments to any DTC Participant, any Beneficial Owner, or any person, other than DTC, of any amount with respect to the principal of or interest or premium on the Bonds, or (v) any consent given or other action taken by the Depository as Owner of the Bonds. Except as set forth above, the City and the Fiscal Agent may treat as and deem DTC to be the absolute Owner of each Bond, for which DTC is acting as Depository for the purpose of payment of the principal of and premium and interest on such Bonds, for the purpose of giving notices of redemption and other matters with respect to such Bonds, for the purpose of registering transfers with respect to such Bonds, and for all purposes whatsoever. The Fiscal Agent on behalf of the City shall pay all principal of and premium and interest on the Bonds only to or upon the order of the Owners as shown on the Bond register, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to the principal of and premium and interest on the Bonds to the extent of the sums or sums so paid. No person other than an Owner, as shown on the Bond register, shall receive a physical Bond. Upon delivery by DTC to the City and the Fiscal Agent of written notice to the effect the DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the transfer provisions in Section 2.06 hereof, references to “Cede & Co.” in this Section 2.10 shall refer to such new nominee of DTC. 8.1.b Packet Pg. 205 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 19 DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and to the Fiscal Agent during any time that the Bonds are Outstanding, and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of DTC with respect to the Bonds if it determines that DTC is unable to discharge its responsibilities with respect to the Bonds or that continuation of the system of book-entry transfer through DTC is not in the best interest of the Beneficial Owners, and the City shall mail notice of such termination to the Fiscal Agent. Upon termination of the services of DTC as provided in the previous paragraph, and if no substitute Depository willing to undertake the functions hereunder can be found which is willing and above to undertake such functions upon reasonable or customary terms, or if the City determines that it is in the best interest of the Beneficial Owners of the Bonds that they be able to obtain certified Bonds, the Bonds shall no longer be restricted to being registered in the Bond register of the Fiscal Agent in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names the Owners shall designate at that time, in accordance with Section 2.06. To the extent that the Beneficial Owners are designated as the transferee by the Owners, in accordance with Section 2.06, the Bonds will be delivered to such Beneficial Owners. 8.1.b Packet Pg. 206 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 20 ARTICLE III ISSUANCE OF 2017 Bonds Section 3.01. Issuance and Delivery of 2017 Bonds. At any time after the execution of this Agreement, the City may issue the 2017 Bonds for the CFD in the aggregate principal amount set forth in Section 2.01 and deliver the 2017 Bonds to the Fiscal Agent for authentication and delivery to the Original Purchaser. The Authorized Officers of the City are hereby authorized and directed to execute and deliver any and all documents and instruments necessary to cause the issuance of the 2017 Bonds and to provide for payment of Costs of Issuance and costs of the Project in accordance with the provisions of the Act, the Resolution and this Agreement, and to do or cause to be done any and all acts and things necessary or convenient for the timely delivery of the 2017 Bonds to the Original Purchaser. The Fiscal Agent is hereby authorized and directed to authenticate the 2017 Bonds and deliver them to the Original Purchaser, upon receipt of the Proceeds of the 2017 Bonds in the amount set forth in Section 4.01. Section 3.02. Pledge of Special Tax Revenues. The Bonds shall be secured by a first pledge (which pledge shall be effected in the manner and to the extent herein provided) of all of the Special Tax Revenues (other than the Special Tax Revenues to be deposited into the Administrative Expense Fund pursuant to clause (i) of the second paragraph of Section 4.05(A) and the Special Tax Revenues deposited into the Remainder Taxes Fund pursuant to Section 4.08) and all moneys deposited in the Bond Fund (including the Capitalized Interest Account and the Special Tax Prepayments Account) and the Reserve Fund, and, until disbursed as provided herein, in the Special Tax Fund. The Special Tax Revenues (other than the Special Tax Revenues to be deposited into the Administrative Expense Fund pursuant to clause (i) of the second paragraph of Section 4.05(A) and the Special Tax Revenues deposited into the Remainder Taxes Fund pursuant to Section 4.08) and all moneys deposited into such funds (except as otherwise provided herein) are hereby dedicated to the payment of the principal of, and interest and any premium on, the Bonds as provided herein and in the Act until all of the Bonds have been paid and retired or until moneys or Federal Securities have been set aside irrevocably for that purpose under Section 9.03. Amounts in the Improvement Fund, the Administrative Expense Fund, the Costs of Issuance Fund and the Remainder Taxes Fund are not pledged to the repayment of the Bonds. The Project is not pledged to the repayment of the Bonds, nor are the proceeds of any condemnation or insurance award received by the City with respect to the Project. Section 3.03. Limited Obligation. All obligations of the City under this Agreement and the Bonds shall not be general obligations of the City, but shall be limited obligations, payable solely from the Special Tax Revenues (other than the Special Tax Revenues to be deposited into the Administrative Expense Fund pursuant to clause (i) of the second paragraph of Section 4.05(A) and the Special Tax Revenues deposited into the Remainder Taxes Fund) and the funds pledged therefor hereunder. Neither the faith and credit nor the taxing power of the City (except to the limited extent set forth herein) or of the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Section 3.04. No Acceleration. The principal of the Bonds shall not be subject to acceleration hereunder. Nothing in this Section shall in any way prohibit the redemption of 8.1.b Packet Pg. 207 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 21 Bonds under Section 2.03, or the defeasance of the Bonds and discharge of this Agreement under Section 9.03. Section 3.05. Validity of Bonds. The validity of the authorization and issuance of the Bonds shall not be dependent upon the completion of the construction or acquisition of the Project or upon the performance by any person of such person’s obligation with respect to the Project. Section 3.06. Parity Bonds. In addition to the 2017 Bonds, the City may issue Parity Bonds in such principal amount as shall be determined by the City, subject to the limitation set forth in Section 5.18, under a Supplemental Agreement entered into between the City and the Fiscal Agent. Any such Parity Bonds shall constitute Bonds hereunder and shall be secured by a lien on the Special Tax Revenues (other than the Special Tax Revenues to be deposited into the Administrative Expense Fund pursuant to clause (i) of the second paragraph of Section 4.05(A) and the Special Tax Revenues deposited into the Remainder Taxes Fund) and funds pledged for the payment of the Bonds hereunder on a parity with all other Bonds Outstanding hereunder. The City may issue such Parity Bonds subject to the following specific conditions precedent: (A) Compliance. The City shall be in compliance with all covenants set forth in this Agreement and all Supplemental Agreements, and issuance of the Parity Bonds shall not cause the City to exceed the limitation on debt (as defined in the Act) for Improvement Area No. 1. (B) Same Payment Dates. The Supplemental Agreement providing for the issuance of such Parity Bonds shall provide that interest thereon shall be payable on Interest Payment Dates, and principal thereof shall be payable on September 1 in any year in which principal is payable on the Parity Bonds (provided that there shall be no requirement that any Parity Bonds pay interest on a current basis). (C) Separate Funds; Reserve Fund Deposit. The Supplemental Agreement providing for the issuance of such Parity Bonds may provide for the establishment of separate funds and accounts and may, in the alternative, provide for subaccounts within the funds and accounts established hereunder. Proceeds of the Parity Bonds shall be deposited into the Reserve Fund in the amount that shall cause the balance in the Reserve Fund to be equal to the Reserve Requirement for the Bonds to be outstanding following issuance of the Parity Bonds. (D) Value. The Improvement Area No. 1 Value shall be at least three (3) times the sum of: (i) the aggregate principal amount of all Bonds then Outstanding, plus (ii) the aggregate principal amount of the series of Parity Bonds proposed to be issued, plus (iii) the aggregate principal amount of any fixed assessment liens on the parcels in the CFD subject to the levy of Special Taxes, plus (iv) a portion of the aggregate principal amount of any and all other community facilities district bonds then outstanding and payable at least partially from special taxes to be levied on parcels of land within the CFD (the “Other District Bonds”) equal to the aggregate outstanding principal amount of the Other District Bonds multiplied by a fraction, the numerator of which is the amount of special taxes levied for the Other District Bonds on parcels of land within the CFD, and the denominator of which is the total amount of special taxes levied for the Other District Bonds on all parcels of land against which the special taxes are levied to pay the Other District Bonds (such fraction to be determined based upon the maximum special taxes 8.1.b Packet Pg. 208 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 22 which could be levied in the year in which maximum annual debt service on the Other District Bonds occurs), based upon information from the most recent Fiscal Year for which information is available. (E) Coverage. For each Fiscal Year after issuance of the Parity Bonds, the maximum amount of the Special Taxes that may be levied for such Fiscal Year under the Ordinance, the Agreement and any Supplemental Agreement less the Priority Administrative Expense Amount for each respective Fiscal Year, shall be at least 110% of the total Annual Debt Service of the then Outstanding Bonds and the proposed Parity Bonds for each Bond Year that commences in each such Fiscal Year, and the aggregate Special Tax Prepayments that could occur after the issuance of the Parity Bonds shall be not less than the principal amount of the Outstanding Bonds and the proposed Parity Bonds. (F) Certificates. The City shall deliver to the Fiscal Agent an Officer's Certificate certifying that the conditions precedent to the issuance of such Parity Bonds set forth in subsections (A), (B), (C), (D), and (E) of this Section 3.06 have been satisfied. Notwithstanding the foregoing, the City may issue Refunding Bonds as Parity Bonds without the need to satisfy the requirements of clauses (D) or (E) above, and, in connection therewith, the Officer’s Certificate in clause (F) above need not make reference to said clauses (D) and (E). Nothing in this Section 3.06 shall prohibit the City from issuing any other bonds or otherwise incurring debt secured by a pledge of the Special Tax Revenues (other than the Special Tax Revenues to be deposited into the Administrative Expense Fund pursuant to clause (i) of the second paragraph of Section 4.05(A)) subordinate to the pledge thereof under Section 3.02 of this Agreement. 8.1.b Packet Pg. 209 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 23 ARTICLE IV PROCEEDS, FUNDS AND ACCOUNTS Section 4.01. Application of 2017 Bond Proceeds. The Proceeds of the 2017 Bonds received from the Original Purchaser in the amount of $___________ (which is equal to the initial principal amount of the 2017 Bonds, [plus a net original issue premium of $__________ or less a net original issue discount of $__________] and less an underwriter’s discount of $__________) shall be paid to the Fiscal Agent, which shall deposit the Proceeds on the Closing Date as follows: (i) $_________ into the Costs of Issuance Fund; (ii) $_________ into the Reserve Fund equaling the initial Reserve Requirement; (iii) $_________ into the Bond Fund (which shall represent capitalized interest and shall be deposited into the Capitalized Interest Account); and (iv) $_________ into the Improvement Fund. The Fiscal Agent may, in its discretion, establish a temporary fund or account to facilitate the foregoing deposits. Section 4.02. Costs of Issuance Fund. (A) Establishment of Costs of Issuance Fund. The Costs of Issuance Fund is hereby established as a separate fund to be held by the Fiscal Agent, to the credit of which a deposit shall be made as required by Section 4.01. Moneys in the Costs of Issuance Fund shall be held by the Fiscal Agent for the benefit of the City and shall be disbursed as provided in subsection (B) of this Section for the payment or reimbursement of Costs of Issuance. (B) Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed from time to time to pay Costs of Issuance, as set forth in a requisition substantially in the form of Exhibit C hereto, executed by an Authorized Officer, specifying the respective amounts to be paid to the respective designated payees and delivered to the Fiscal Agent. Each such requisition shall be sufficient evidence to the Fiscal Agent of the facts stated therein, and the Fiscal Agent shall have no duty to confirm the accuracy of such facts and may conclusively rely thereon. (C) Investment. Moneys in the Costs of Issuance Fund shall be invested and deposited by the Fiscal Agent under Section 6.01. Interest earnings and profits resulting from such investment shall be retained by the Fiscal Agent in the Costs of Issuance Fund to be used for the purposes of such fund. (D) Closing of Fund. The Fiscal Agent shall maintain the Costs of Issuance Fund for a period of 90 days from the Closing Date, and then the Fiscal 8.1.b Packet Pg. 210 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 24 Agent shall deposit any moneys remaining therein, including any investment earnings thereon, into the Improvement Fund and close the Costs of Issuance Fund. Section 4.03. Reserve Fund. (A) Establishment of Fund. The Reserve Fund is hereby established as a separate fund to be held by the Fiscal Agent to the credit of which a deposit shall be made as required by Section 4.01, which deposit, as of the Closing Date, is equal to the initial Reserve Requirement with respect to the 2017 Bonds, and deposits shall be made as provided in Sections 3.06(C) and 4.05(A) and (B). Moneys in the Reserve Fund shall be held by the Fiscal Agent for the benefit of the Owners of the Bonds as a reserve for the payment of the principal of, and interest and any premium on, the Bonds and shall be subject to a lien in favor of the Owners of the Bonds. (B) Use of Reserve Fund. Except as otherwise provided in this Section, all amounts deposited in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Bond Fund in the event of the insufficiency at any time of the balance in the Bond Fund to pay the amount then required for payment of the principal of, and interest and any premium on, the Bonds or, in accordance with the provisions of this Section, for the purpose of redeeming Bonds from the Bond Fund. Whenever a transfer is made from the Reserve Fund to the Bond Fund due to a deficiency in the Bond Fund, the Fiscal Agent shall provide written notice thereof to the Director of Administrative Services, specifying the amount withdrawn. (C) Transfer of Excess of Reserve Requirement. Whenever, on or before any Interest Payment Date, or on any other date at the request of the Director of Administrative Services, the amount in the Reserve Fund exceeds the Reserve Requirement, the Fiscal Agent shall transfer an amount equal to the excess from the Reserve Fund (i) to the Improvement Fund until the Improvement Fund is closed pursuant to Section 4.07 and (ii) thereafter to the Bond Fund, to be used to pay interest on the Bonds on the next Interest Payment Date. Notwithstanding the provisions of the first paragraph of this Section 4.03(C), no amounts shall be transferred from the Reserve Fund under this Section 4.03(C) until after: (i) the calculation of any amounts due to the federal government under Section 5.11 and withdrawal of any such amount under Section 4.03(D) for purposes of making such payment to the federal government; and (ii) payment of any fees and expenses due to the Fiscal Agent. (D) Transfer for Rebate Purposes. Amounts in the Reserve Fund shall be withdrawn for purposes of making payment to the federal government to comply with Section 5.11, upon receipt by the Fiscal Agent of an Officer's Certificate specifying the amount to be withdrawn and to the effect that such amount is needed for rebate purposes; provided, however, that no amounts in the Reserve Fund shall be used for rebate unless the amount in the Reserve Fund following such withdrawal equals the Reserve Requirement. 8.1.b Packet Pg. 211 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 25 (E) Transfer When Balance Exceeds Outstanding Bonds. Whenever the balance in the Reserve Fund, together with the balance in the Bond Fund, exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall, upon the written request of the Director of Administrative Services, transfer any cash or Permitted Investments in the Reserve Fund to the Bond Fund to be applied, on the redemption date to the payment and redemption, in accordance with Section 4.04 or 2.03, as applicable, of all of the Outstanding Bonds. In the event that the amount so transferred from the Reserve Fund to the Bond Fund exceeds the amount required to pay and redeem the Outstanding Bonds, the balance in the Reserve Fund shall be transferred to the Director of Administrative Services to be used by the City for any lawful purpose. Notwithstanding the provisions of the first paragraph of this Section 4.03(E), no amounts shall be transferred from the Reserve Fund under this Section 4.03(E) until after: (i) the calculation of any amounts due to the federal government under Section 5.11 and withdrawal of any such amount under Section 4.03(D) for purposes of making such payment to the federal government; and (ii) payment of any fees and expenses due to the Fiscal Agent. (F) Transfer Upon Special Tax Prepayment. Whenever Special Taxes are prepaid and Bonds are to be redeemed with the proceeds of such prepayment pursuant to Section 2.03(A)(iii), a proportionate amount in the Reserve Fund (determined on the basis of the principal of Bonds to be redeemed and the then-Outstanding principal of the Bonds, but in any event not in excess of the amount that will leave the balance in the Reserve Fund following the proposed redemption equal to the Reserve Requirement) shall be transferred on the Business Day prior to the redemption date by the Fiscal Agent to the Bond Fund to be applied to the redemption of the Bonds pursuant to Section 2.03(A)(iii). The Director of Administrative Services shall deliver to the Fiscal Agent an Officer’s Certificate specifying any amount to be so transferred, and the Fiscal Agent may rely on any such Officer’s Certificate. (G) Investment. Moneys in the Reserve Fund shall be invested by the Fiscal Agent under Section 6.01. Section 4.04. Bond Fund. (A) Establishment of Bond Fund. The Bond Fund is hereby established as a separate fund to be held by the Fiscal Agent to the credit of which deposits shall be made as required by Section 4.03, Section 4.05 and 4.07 (D) as otherwise set forth in this Agreement. Moneys in the Bond Fund shall be held by the Fiscal Agent for the benefit of the Owners of the Bonds, and shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below. Within the Bond Fund there is hereby established a separate account designated as the “Capitalized Interest Account” to be held by the Fiscal Agent for the benefit of the City and the Owners of the 2017 Bonds into which shall be 8.1.b Packet Pg. 212 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 26 deposited the amount specified in Section 4.01(iii). Amounts on deposit in the Capitalized Interest Account shall be used and withdrawn by the Fiscal Agent solely for the payment of interest on the 2017 Bonds as follows: $_________ shall be used on _________ 1, 20__, and the remainder shall be used on ___________ 1, 20__. When the amount in the Capitalized Interest Account is fully expended for the payment of interest, the account shall be closed. There is also hereby created in the Bond Fund a separate account to be held by the Fiscal Agent, designated as the “Special Tax Prepayments Account,” to the credit of which deposits shall be made as provided in clause (iii) of the second paragraph of Section 4.05(A). (B) Disbursements. At least ten (10) Business Days before each Interest Payment Date, the Fiscal Agent shall notify the Director of Administrative Services in writing as to the principal and premium, if any, and interest due on the 2017 Bonds on the next Interest Payment Date (including principal and premium, if any, due as a result of (i) scheduled maturity of 2017 Bonds as provided in Section 2.02(D), (ii) optional redemption of 2017 Bonds as provided in Section 2.03(A)(i), (iii) scheduled mandatory partial redemption of 2017 Bonds as provided in Section 2.03(A)(ii) or (iv) redemption of 2017 Bonds from proceeds of Special Tax Prepayments as provided in Section 2.03(A)(iii)). On each Interest Payment Date, the Fiscal Agent shall withdraw from the Bond Fund and pay to the Owners of the 2017 Bonds the principal of, and interest and any premium, due and payable on such Interest Payment Date on the Bonds. Notwithstanding the foregoing, amounts in the Bond Fund as a result of a transfer pursuant to clause (ii) of the second paragraph of Section 4.05(A) shall be immediately disbursed by the Fiscal Agent to pay past due amounts owing on the 2017 Bonds. At least three (3) Business Days prior to each Interest Payment Date, the Fiscal Agent shall determine if the balance then on deposit in the Bond Fund are sufficient to pay the debt service due on the 2017 Bonds on the next Interest Payment Date. In the event that the balance in the Bond Fund is insufficient for such purpose, the Fiscal Agent promptly shall notify the Director of Administrative Services by telephone (and confirm in writing) of the amount of the insufficiency. In the event that the balance in the Bond Fund is insufficient for the purpose set forth in the preceding paragraph with respect to any Interest Payment Date, the Fiscal Agent shall withdraw from the Reserve Fund, in accordance with the provisions of Section 4.03, to the extent of any funds or Permitted Investments therein, amounts to cover the amount of such Bond Fund insufficiency. Amounts so withdrawn from the Reserve Fund shall be deposited in the Bond Fund. If, after the foregoing transfers, there are insufficient funds in the Bond Fund to make the payments provided for in the second sentence of the first paragraph of this Section 4.04(B), the Fiscal Agent shall apply the available funds first to the payment of interest on the 2017 Bonds, then to the payment of principal due on the 2017 Bonds other than by reason of mandatory partial redemptions, if any, and then to payment of principal due on the 2017 Bonds by reason of mandatory partial redemptions. Each such payment shall be made 8.1.b Packet Pg. 213 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 27 ratably to the Owners of the 2017 Bonds based on the then Outstanding principal amount of the 2017 Bonds, if there are insufficient funds to make the corresponding payment for all of the then Outstanding 2017 Bonds. Any mandatory partial redemption payment not made as scheduled shall be added to the mandatory partial redemption amount to be made on the next mandatory partial redemption date. Any failure by the Fiscal Agent to provide the notices required by this Section 4.04(B) shall not alter the obligation of the City to make the scheduled payments from amounts in the Bond Fund. (C) Disbursements from the Special Tax Prepayments Account. Moneys in the Special Tax Prepayments Account shall be transferred by the Fiscal Agent to the Bond Fund on the next date for which notice of redemption of 2017 Bonds can timely be given under Section 2.03(A)(iii) and shall be used (together with any amounts transferred pursuant to Section 4.03(F)) to redeem 2017 Bonds on the redemption date selected in accordance with Section 2.03. (D) Investment. Moneys in the Bond Fund, the Capitalized Interest Account and the Special Tax Prepayments Account shall be invested under Section 6.01. Interest earnings and profits resulting from such investment shall be retained in the Bond Fund. (E) Deficiency. If at any time it appears to the Fiscal Agent that there is a danger of deficiency in the Bond Fund and that the Fiscal Agent may be unable to pay Debt Service on the 2017 Bonds in a timely manner, the Fiscal Agent shall report to the Director of Administrative Services such fact. The City covenants to increase the levy of the Special Taxes in the next Fiscal Year (subject to the maximum amount authorized by the Rate and Method) in accordance with the procedures set forth in the Act for the purpose of curing Bond Fund deficiencies. (F) Excess. Any excess moneys remaining in the Bond Fund (not including moneys in the Capitalized Interest Account) following the payment of Debt Service on the 2017 Bonds on any September 1, shall be transferred to the Special Tax Fund. Section 4.05. Special Tax Fund. (A) Establishment of Special Tax Fund. The Special Tax Fund is hereby established as a separate fund to be held by the Fiscal Agent, to the credit of which the Fiscal Agent shall deposit amounts received from or on behalf of the City consisting of Special Tax Revenues and amounts transferred from the Administrative Expense Fund and the Bond Fund. The City shall promptly remit any Special Tax Revenues received by it to the Fiscal Agent for deposit by the Fiscal Agent to the Special Tax Fund. Notwithstanding the foregoing, (i) Special Tax Revenues in an amount not to exceed the lesser of (a) the amount included in the Special Tax levy for such Fiscal Year for 8.1.b Packet Pg. 214 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 28 Administrative Expenses and (b) the Priority Administrative Expenses Amount for such Fiscal Year shall be separately identified by the Director of Administrative Services and shall be deposited by the Director of Administrative Services in the Administrative Expense Fund; (ii) any Special Tax Revenues constituting the collection of delinquencies in payment of Special Taxes shall be separately identified by the Director of Administrative Services and shall be disposed of by the Fiscal Agent first, for transfer to the Bond Fund to pay any past due debt service on the 2017 Bonds; second, for transfer to the Reserve Fund to the extent needed to increase the amount then on deposit in the Reserve Fund up to the then Reserve Requirement; and third, to be held in the Special Tax Fund for use as described in Section 4.05(B) below; and (iii) any proceeds of Special Tax Prepayments shall be separately identified by the Director of Administrative Services and shall be deposited by the Fiscal Agent as follows (as directed in writing by the Director of Administrative Services): (a) that portion of any Special Tax Prepayment constituting a prepayment of costs of the Project shall be deposited by the Fiscal Agent to the Improvement Fund, and (b) the remaining Special Tax Prepayment shall be deposited by the Fiscal Agent in the Special Tax Prepayments Account established pursuant to Section 4.04(A). Moneys in the Special Tax Fund shall be held by the Fiscal Agent for the benefit of the City and Owners of the 2017 Bonds, shall be disbursed as provided below and, pending disbursement, shall be subject to a lien in favor of the Owners of the 2017 Bonds. (B) Disbursements. On the third Business Day prior to each Interest Payment Date, the Fiscal Agent shall withdraw from the Special Tax Fund and transfer the following amounts in the following order of priority (i) to the Bond Fund an amount, taking into account any amounts then on deposit in the Bond Fund and any expected transfers from the Improvement Fund, the Reserve Fund, the Capitalized Interest Account and the Special Tax Prepayments Account to the Bond Fund, such that the amount in the Bond Fund equals the principal (including any mandatory partial redemption payment), premium, if any, and interest due on the 2017 Bonds on such Interest Payment Date and any past due principal or interest on the 2017 Bonds not theretofore paid from a transfer described in clause second of subparagraph (ii) of the second paragraph of Section 4.05(A), and (ii) to the Reserve Fund an amount, taking into account amounts then on deposit in the Reserve Fund, such that the amount in the Reserve Fund is equal to the Reserve Requirement. Each calendar year, following the transfers pursuant to the preceding paragraph for the March 1 Interest Payment Date occurring in such calendar year, when amounts (including investment earnings) have been accumulated in the Special Tax Fund sufficient to make the transfers pursuant to the preceding paragraph for the September 1 Interest Payment Date occurring in such calendar year, the Director of Administrative Services, during the period up to but not including December 10 of such calendar year, may in his or her sole discretion direct the disposition of moneys in the Special Tax Fund in excess of the 8.1.b Packet Pg. 215 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 29 amounts needed for such September 1 Interest Payment Date as follows: (i) direct the Fiscal Agent to transfer money to the Improvement Fund f or payment or reimbursement of the costs of the Project and (ii) direct the Fiscal Agent to transfer money to the City for deposit by the City in the Administrative Expense Fund, in an amount not to exceed the amount included in the Special Tax levy for such Fiscal Year, after deducting the amount deposited in the Administrative Expense Fund pursuant to clause (i) of the second paragraph of Section 4.05(A). (C) Investment. Moneys in the Special Tax Fund shall be invested and deposited by the Fiscal Agent under Section 6.01. Interest earnings and profits resulting from such investment and deposit shall be retained in the Special Tax Fund to be used for the purposes thereof. Section 4.06. Administrative Expense Fund. (A) Establishment of Administrative Expense Fund. The Administrative Expense Fund is hereby established as a separate fund to be held by the Director of Administrative Services for the benefit of the City, to the credit of which deposits shall be made as required by Sections 4.01 (if applicable), 4.05(A) and 4.05(B). Moneys in the Administrative Expense Fund shall be held by the Director of Administrative Services for the benefit of the City, and shall be disbursed as provided below. (B) Disbursement. Amounts in the Administrative Expense Fund shall be withdrawn by the Director of Administrative Services and either (i) paid to an entity upon the receipt by the Director of Administrative Services of an invoice in respect of an Administrative Expense or a Cost of Issuance or (ii) paid to the City or its order upon receipt by the Director of Administrative Services of an Officer’s Certificate, in substantially the form of Exhibit D hereto, stating the amount to be withdrawn, that such amount is to be used to pay an Administrative Expense or a Cost of Issuance and the nature of such Administrative Expense or such Cost of Issuance. Amounts deposited to the Administrative Expense Fund pursuant to Section 4.01 (if applicable) shall be separately identified at all times, and shall be expended for purposes of the Administrative Expense Fund prior to the use of amounts transferred to the Administrative Expense Fund from the Special Tax Fund pursuant to Section 4.05(A). Annually, on the last day of each Fiscal Year, the Director of Administrative Services shall withdraw from the Administrative Expense Fund and transfer to the Fiscal Agent for deposit into the Special Tax Fund any amount in excess of that which is needed to pay any Administrative Expenses incurred but not yet paid, and which is not otherwise encumbered. (C) Investment. Moneys in the Administrative Expense Fund shall be invested by the Director of Administrative Services under Section 6.01. Interest earnings and profits resulting from such investment shall be retained by the Director of Administrative Services in the Administrative Expense Fund to be used for the purposes of such fund. 8.1.b Packet Pg. 216 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 30 Section 4.07. Improvement Fund. (A) Establishment of Improvement Fund. The Improvement Fund is hereby established as a separate fund to be held by the Fiscal Agent, and two separate subaccounts shall be established within the Improvement Fund, namely the Bond Proceeds Subaccount and the Special Tax Proceeds Subaccount. Deposits made to the Improvement Fund pursuant to Sections 4.01 and 4.02(D) shall be credited to the Bond Proceeds Subaccount, and deposits made pursuant to Section 4.05(B) shall be credited to the Special Tax Proceeds Subaccount. Moneys in the Improvement Fund shall be disbursed, except as otherwise provided in subsection (D) of this Section, for the payment or reimbursement of the costs of the Project, and all such disbursements shall be made first from the Bond Proceeds Subaccount and secondly, as to any remaining portion of such disbursements following depletion of the Bond Proceeds Subaccount, from the Special Tax Proceeds Subaccount. (B) Procedure for Disbursement. Disbursements from the Improvement Fund shall be made by the Fiscal Agent upon receipt of an Officer's Certificate substantially in the form of Exhibit B attached hereto which shall: (i) set forth the amount required to be disbursed, the purpose for which the disbursement is to be made (which shall be for payment of a Project cost or to reimburse expenditures of the City or any other party for Project costs previously paid), and the person to which the disbursement is to be paid; and (ii) certify that no portion of the amount then being requested to be disbursed was set forth in any Officers Certificate previously filed requesting disbursement. Each such requisition shall be sufficient evidence to the Fiscal Agent of the facts stated therein, and the Fiscal Agent shall have no duty to confirm the accuracy of such facts. (C) Investment. Moneys in the Improvement Fund shall be invested in accordance with Section 6.01. Interest earnings and profits from such investment shall be retained in the Improvement Fund to be used for the purpose of such fund. (D) Closing of Fund. The Director of Public Works or his or her authorized representative shall monitor progress on the Project, in consultation with the Developer. Upon determining in his or her sole discretion that the Project has been completed, the Director of Public Works shall file an Officer’s Certificate with the Fiscal Agent, stating that the Project has been completed and that all costs of the Project have been paid or are not required to be paid from the Improvement Fund. Upon receipt of such Officer’s Certificate, the Fiscal Agent shall transfer the amount, if any, remaining in the Improvement Fund to the Bond Fund for application to Debt Service payments due on the next succeeding Interest Payment Date, and the Improvement Fund shall be closed. 8.1.b Packet Pg. 217 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 31 Section 4.08. Remainder Taxes Fund. (A) Establishment of Remainder Taxes Fund. The Remainder Taxes Fund is hereby established as a separate fund to be held by the Director of Administrative Services for the benefit of the City, to the credit of which deposits shall be made and from which disbursements shall be made as provided below. (B) Deposits. Annually, not later than October 10, the Director of Administrative Services shall determine or shall cause the Administrator to determine the amount of Special Tax Revenues which, as of the preceding September 2, constitute Remainder Taxes. Not later than five business days following such determination, the Director of Administrative Services shall provide the Fiscal Agent with written instructions to transfer to the City from the Special Tax Fund an amount equal to the Remainder Taxes, and said amount shall be deposited in the Remainder Taxes Fund. Following the closure of the Remainder Taxes Fund in accordance with subsection (D) of this Section, the procedures prescribed in said foregoing paragraph shall terminate. (C) Disbursements. Amounts on deposit in the Remainder Taxes Fund shall be disbursed, except as otherwise provided in subsection (D) of this Section, for the payment or reimbursement of costs of the Project in accordance with the requisition and disbursement procedure set forth in subsection (B) of Section 4.07, except that all references therein to the Fiscal Agent to be deemed references to the Director of Administrative Services; provided, however, that any disbursements for such payment or reimbursement of costs of the Project shall be made first from the Improvement Fund pursuant to subsection (B) of Section 4.07 so long as there are moneys available therein, and only when the Improvement Fund has been depleted shall disbursements be made from the Remainder Taxes Fund as to any remaining portion of such payment or reimbursement then due and payable. (D) Closing of Fund. The Director of Public Works or his or her authorized representative shall monitor progress on the Project, in consultation with the Developer. Upon determining in his or her sole discretion that the Project has been completed, the Director of Public Works shall file an Officer’s Certificate with the Director of Administrative Services, stating that the Project has been completed and that all costs of the Project have been paid or are not required to be paid from the Improvement Fund. Upon receipt of such Officer’s Certificate, the Director of Administrative Services shall transfer the amount, if any, remaining in the Remainder Taxes Fund to the Fiscal Agent for deposit into the Bond Fund for application to Debt Service payments due on the next succeeding Interest Payment Date, and the Remainder Taxes Fund shall be closed. 8.1.b Packet Pg. 218 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 32 ARTICLE V COVENANTS Section 5.01. Collection of Special Tax Revenues. The City shall comply with all requirements of the Rate and Method and the Act so as to assure the timely collection of Special Tax Revenues, including without limitation, the enforcement of delinquent Special Taxes. (A) Processing. On or within five (5) Business Days of each May 1, the Fiscal Agent shall provide the Administrator with a notice stating the amount then on deposit in the Bond Fund and the Reserve Fund, and, if the amount in the Reserve Fund is less than the Reserve Requirement, informing the Administrator that replenishment of the Reserve Fund is necessary. The receipt of or failure to receive such notice by the Administrator shall in no way affect the obligations of the Administrator under the following two paragraphs and the Fiscal Agent shall not be liable for failure to provide such notices to the Administrator. (B) Levy. The Administrator shall effect the levy of the Special Taxes in accordance with the Rate and Method each Fiscal Year that the 2017 Bonds are outstanding, or otherwise such that the computation of the levy is complete and transmitted to the Auditor before the final date on which the Auditor will accept the transmission of the Special Tax amounts for the parcels within Improvement Area No. 1 for inclusion on the next real property ta x roll. Upon the completion of the computation of the amounts of the levy, the Administrator shall prepare or cause to be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy of the Special Taxes on the next real property tax roll. (C) Computation. The Director of Administrative Services shall fix and levy the Special Taxes within Improvement Area No. 1 in accordance with the Rate and Method so as to assure the timely payment of principal of and interest on any outstanding 2017 Bonds becoming due and payable during the ensuing calendar year, including any necessary replenishment or expenditure of the Reserve Fund for the 2017 Bonds and an amount estimated to be sufficient to pay the Administrative Expenses, including amounts necessary to discharge any rebate obligation, during such year, taking into account the balances in the applicable funds established under this Agreement and in the Special Tax Fund; provided that the Special Taxes so levied shall not exceed the authorized amounts as provided by the Rate and Method. (D) Collection. Except as set forth in the Ordinance, Special Taxes shall be payable and be collected in the same manner and at the same time and in the same installment as the general taxes on real property are payable, and have the same priority, become delinquent at the same time and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the ad valorem taxes on real property. The fees and expenses of the Administrator and the costs and expenses of the Director of 8.1.b Packet Pg. 219 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 33 Administrative Services (including a charge for City staff time) in conducting its duties hereunder shall be an Administrative Expense hereunder. Section 5.02. Covenant to Foreclose. Under the Act, the City hereby covenants with and for the benefit of the Owners of the 2017 Bonds that it will order, and cause to be commenced as hereinafter provided, and thereafter diligently prosecute to judgment (unless such delinquency is theretofore brought current), an action in the Alameda County Superior Court to foreclose the lien of any Special Tax or installment thereof not paid when due as provided in the following two paragraphs. The Director of Administrative Services shall notify the City Attorney of any such delinquency of which the Director of Administrative Services is aware, and the City Attorney shall commence, or cause to be commenced, such proceedings. On or about June 1 of each Fiscal Year, the Director of Administrative Services shall compare the amount of Special Taxes theretofore levied in Improvement Area No. 1 to the amount of Special Tax Revenues theretofore received by the City, and: (A) Individual Delinquencies. If the Director of Administrative Services determines that any single parcel subject to the Special Tax in Improvement Area No. 1 is delinquent in the payment of Special Taxes for two years or in the aggregate amount of $10,000 or more, then the Director of Administrative Services shall send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner within 45 days of such determination, and, if the delinquency remains uncured, foreclosure proceedings shall be commenced by the City within 90 days of such determination. (B) Aggregate Delinquencies. If the Director of Administrative Services determines that the total amount of delinquent Special Taxes for the entire Improvement Area No. 1, (including the total of delinquencies under subsection (A) above), exceeds five percent (5%) of the total Special Taxes levied on all parcels in Improvement Area No. 1 for the Fiscal Year ending on such June 1, the Director of Administrative Services shall notify or cause to be notified property owners who are then delinquent in the payment of Special Taxes (and a demand immediate payment of the delinquency) within 45 days of such determination, and shall commence foreclosure proceedings within 90 days of such determination against each parcel of land in Improvement Area No. 1 for which a Special Tax delinquency remains uncured. Notwithstanding the foregoing, the Director of Administrative Services need not take any such actions with respect to a delinquent parcel if (1) Improvement Area No. 1 is then participating in the Alternative Method of Distribution of Tax Levies and Collections described in Revenue & Taxation Code Section 4701 et seq., or an equivalent procedure, and (2) the amount in the Reserve Fund is at least equal to the Reserve Requirement. The Director of Administrative Services may employ the person or firm designated as the Administrator, if other than the Director of Administrative Services, to perf orm the duties delegated to the Director of Administrative Services under this Section 5.02, and the City Attorney may employ counsel to conduct any such foreclosure proceedings. The fees and expenses of the Director of Administrative Services or the Administrator in performing such duties and the fees and expenses of the City Attorney or such counsel in conducting foreclosure proceedings shall be an Administrative Expense hereunder. 8.1.b Packet Pg. 220 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 34 Section 5.03. Punctual Payment. The City will punctually pay or cause to be paid the principal of, and interest and any premium on, the 2017 Bonds when and as due in strict conformity with the terms of this Agreement and any Supplemental Agreement, and it will faithfully observe and perform all of the conditions covenants and requirements of this Agreement and all Supplemental Agreements and of the 2017 Bonds. Section 5.04. Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the City shall not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the 2017 Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the City, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Agreement, except subject to the prior payment in full of the principal of all of the 2017 Bonds then Outstanding and of all claims for interest which shall not have been so extended or funded. Section 5.05. Against Encumbrances. The City will not encumber, pledge or place any charge or lien upon any of the Special Tax Revenues or other amounts pledged to the 2017 Bonds superior to or on a parity with the pledge and lien herein created for the benefit of the 2017 Bonds, or their Owners, except as permitted by this Agreement. Section 5.06. Books and Records. The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City, in which complete and correct entries shall be made of all transactions relating to the Special Tax Revenues. Such books of record and accounts shall at all times during business hours be subject to the inspection of the Fiscal Agent and the Owners of not less than ten percent (10%) of the principal amount of the 2017 Bonds then Outstanding, or their representatives duly authorized in writing. Section 5.07. Protection of Security and Rights of Owners. The City will preserve and protect the security of the 2017 Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the delivery of any of the 2017 Bonds by the City, the 2017 Bonds shall be incontestable by the City. Section 5.08. Further Assurances. The City will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreement, and for the better assuring and confirming unto the Owners of the rights and benefits provided in this Agreement. Section 5.09. Private Activity Bond Limitations. The City shall assure that the proceeds of the 2017 Bonds are not so used as to cause the 2017 Bonds to satisfy the private business tests of section 141(b) of the Tax Code or the private loan financing test of section 141(c) of the Tax Code. Section 5.10. Federal Guarantee Prohibition. The City shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause the 2017 Bonds to be “federally guaranteed” within the meaning of Section 149(b) of the Tax Code. 8.1.b Packet Pg. 221 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 35 Section 5.11. Rebate Requirement. The City shall take any and all actions necessary to assure compliance with section 148(f) of the Tax Code, relating to the rebat e of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the 2017 Bonds. The Director of Administrative Services shall take note of any investment of monies hereunder in excess of the yield on the 2017 Bonds, and shall take such actions as are necessary to ensure compliance with this Section 5.11, such as increasing the portion of the Special Tax levy for Administration Expenses as appropriate to have funds available in the Administrative Expense Fund to satisfy any rebate liability under this Section. If necessary to satisfy its obligations under this Section 5.11, the City may use: (A) Amounts in the Reserve Fund if the amount on deposit in the Reserve Fund, following the proposed transfer, is at least equal to the Reserve Requirement; (B) Amounts on deposit in the Administrative Expense Fund; and (C) Any other funds available to the City, in its sole discretion, to be repaid to the City as soon as practicable from amounts described in the preceding clauses (A) and (B). Section 5.12. No Arbitrage. The City shall not take, or permit or suffer to be taken by the Fiscal Agent or otherwise, any action with respect to the proceeds of the 2017 Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the 2017 Bonds would have caused the 2017 Bonds to be “arbitrage bonds” within the meaning of section 148 of the Tax Code. Section 5.13. Yield of the 2017 Bonds. In determining the yield of the 2017 Bonds to comply with Sections 5.11 and 5.12, the City will take into account redemption (including premium, if any) in advance of maturity based on the reasonable expectations of the City, as of the Closing Date, regarding prepayments of Special Taxes and use of prepayments for redemption of the 2017 Bonds, without regard to whether or not prepayments are received or 2017 Bonds redeemed. Section 5.14. Maintenance of Tax-Exemption. The City shall take all actions necessary to assure the exclusion of interest on the 2017 Bonds from the gross income of the Owners of the 2017 Bonds to the same extent as such interest is permitted to be excluded from gross income under the Tax Code as in effect on the date of issuance of the 2017 Bonds. Section 5.15. Continuing Disclosure. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. Notwithstanding any other provision of this Agreement, failure of the City to comply with the Continuing Disclosure Agreement shall not be considered an event of default for the purposes of this Agreement. However, any Owner or Beneficial Owner of the 2017 Bonds may take such actions as may be necessary and appropriate to compel performance, including seeking mandate or specific performance by court order. One or more owners of the real property in Improvement Area No. 1 as of the Closing Date may also have executed a continuing disclosure agreement for the benefit of the holders and Beneficial Owners of the 2017 Bonds. Any Participating Underwriter or Holder or Beneficial Owner may take such actions as may be necessary and appropriate directly against any such landowner to compel performance by it of its obligations thereunder, including seeking mandate 8.1.b Packet Pg. 222 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 36 or specific performance by court order; however the City shall have no obligation whatsoever to enforce any obligations under any such property owner agreement. Section 5.16. Limits on Special Tax Waivers and Bond Tenders. The City covenants not to exercise its rights under the Act to waive delinquency and redemption penalties related to the Special Taxes or to declare Special Tax penalties amnesty program if to do so would materially and adversely affect the interests of the owners of the 2017 Bonds. The City covenants not to permit the tender of 2017 Bonds in payment of any Special Taxes except upon receipt of a certificate of an Independent Financial Consultant that to accept such tender will not result in the City having insufficient Special Tax Revenues, assuming the Special Taxes are levied and collected in the maximum amount permitted by the Rate and Method, to pay the principal of and interest when due on the 2017 Bonds remaining Outstanding following such tender. Subject to the foregoing, in the event 2017 Bonds are tendered to the Fiscal Agent, such 2017 Bonds shall be cancelled by the Fiscal Agent and shall cease to accrue interest from the date such 2017 Bonds are tendered. Upon surrender of a 2017 Bond to be tendered in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the tendering party a new 2017 Bond or 2017 Bonds the principal amount of which is equal to the untendered portion of the 2017 Bonds and the interest rate and maturity date of which shall be the same as the interest rate and maturity date of the tendered bond. To the extent applicable, the City shall deliver to the Fiscal Agent an Officer’s Certificate setting forth any adjustments to the mandatory sinking fund schedule as a result of the tender, which Officer’s Certificate must be accompanied by a certificate of an Independent Financial Consultant to the effect that it has reviewed the proposed adjustments in the mandatory sinking fund schedule and that the remaining Special Tax Revenues, if the Special Taxes are levied and collected in the maximum amount permitted by the Rate and Method, will be sufficient to pay principal of and interest on the 2017 Bonds when due following such adjustment. Section 5.17. City Bid at Foreclosure Sale. The City will not bid at a foreclosure sale of property in respect of delinquent Special Taxes, unless it expressly agrees to take the property subject to the lien for Special Taxes and that the Special Taxes levied on the property are payable while the City owns the property. Section 5.18. Limitation on Principal Amount of Parity Bonds. Following issuance of the 2017 Bonds, the City will not issue Parity Bonds (exclusive of any Refunding Bonds) in a principal amount which, when added to the initial principal amount of the 2017 Bonds, exceeds $46 million. Section 5.19. Amendment of Rate and Method. The City shall not initiate proceedings under the Act to modify the Rate and Method if such modification would adversely affect the security for the 2017 Bonds. If an initiative is adopted that purports to modify the Rate and Method in a manner that would adversely affect the security for the 2017 Bonds, the City shall, to the extent permitted by law, commence and pursue reasonable legal actions to prevent the modification of the Rate and Method in a manner that would adversely affect the security for the 2017 Bonds. 8.1.b Packet Pg. 223 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 37 ARTICLE VI INVESTMENTS; LIABILITY OF THE CITY Section 6.01. Deposit and Investment of Moneys in Funds. (A) General. Moneys in any fund or account created or established by this Agreement and held by the Fiscal Agent shall be invested by the Fiscal Agent in Permitted Investments, which in any event by their terms mature prior to the date on which such moneys are required to be paid out hereunder, as directed pursuant to an Officer’s Certificate filed with the Fiscal Agent at least two (2) Business Days in advance of the making of such investments. In the absence of any such Officer’s Certificate, the Fiscal Agent hold such funds uninvested. The Director of Administrative Services shall make note of any investment of funds hereunder in excess of the yield on the 2017 Bonds so that appropriate actions can be taken to assure compliance with Section 5.11. (B) Moneys in Funds. Moneys in any fund or account created or established by this Agreement and held by the Director of Administrative Services shall be invested by the Director of Administrative Services in any Permitted Investment or in any other lawful investment for City funds, which in any event by its terms matures prior to the date on which such moneys are required to be paid out hereunder. Obligations purchased as an investment of moneys in any fund shall be deemed to be part of such fund or account, subject, however, to the requirements of this Agreement for transfer of interest earnings and profits resulting from investment of amounts in funds and accounts. Whenever in this Agreement any moneys are required to be transferred by the City to the Fiscal Agent, such transfer may be accomplished by transferring a like amount of Permitted Investments. (C) Actions of Officials. The Fiscal Agent and its affiliates or the Director of Administrative Services may act as sponsor, advisor, depository, principal or agent in the acquisition or disposition of any investment. Neither the Fiscal Agent nor the Director of Administrative Services shall incur any liability for losses arising from any investments made pursuant to this Section. The Fiscal Agent shall not be required to determine the legality of any investments. (D) Valuation of Investments. Except as otherwise provided in the next sentence, all investments of amounts deposited in any fund or account created by or pursuant to this Agreement, or otherwise containing gross proceeds of the 2017 Bonds (within the meaning of section 148 of the Tax Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by this Agreement or the Tax Code) at Fair Market Value. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under the applicable provisions of the Tax Code and (unless valuation is undertaken at least annually) investments of funds in the Reserve Fund shall be valued at their present value (within the meaning of section 148 of the Tax Code). The Fiscal Agent shall not be liable for verification of the application of such sections of the Tax Code or for any determination of Fair Market Value or present value and may conclusively rely upon an Officer’s Certificate as to such valuations. (E) Commingled Money. Investments in any and all funds and accounts may be commingled in a separate fund or funds for purposes of making, holding and disposing of investments, notwithstanding provisions herein for transfer to or holding in or to the credit of 8.1.b Packet Pg. 224 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 38 particular funds or accounts of amounts received or held by the Fiscal Agent or the Director of Administrative Services hereunder, provided that the Fiscal Agent or the Director of Administrative Services, as applicable, shall at all times account for such investments strictly in accordance with the funds and accounts to which they are credited and otherwise as provided in this Agreement. (F) Confirmations Waiver. The City acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the City the right to receive brokerage confirmations of security transactions as they occur, the City specifically waives receipt of such confirmations to the extent permitted by law. The City understands that trade confirmations for securities transactions effected by the Fiscal Agent will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. The Fiscal Agent will furnish the City periodic cash transaction statements which include will detail for all investment transactions made by the Fiscal Agent hereunder. Upon the City’s election, such statements will be delivered via the Fiscal Agent’s online service and upon electing such service, paper statements will be provided only upon request. (G) Sale of Investments. The Fiscal Agent or the Director of Administrative Services, as applicable, shall sell at Fair Market Value, or present for redemption, any investment security whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such investment security is credited and neither the Fiscal Agent nor the Director of Administrative Services shall be liable or responsible for any loss resulting from the acquisition or disposition of such investment security in accordance herewith. Section 6.02. Liability of City. (A) General. The City shall not incur any responsibility in respect of the Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it. The City shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The City shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements of the Fiscal Agent herein or of any of the documents executed by the Fiscal Agent in connection with the 2017 Bonds, or as to the existence of a default or event of default thereunder. (B) Reliance. In the absence of bad faith, the City, including the Director of Administrative Services, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the City by the Fiscal Agent or an Independent Financial Consultant and conforming to the requirements of this Agreement. The City, including the Director of Administrative Services, shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts. The City may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The City may consult with counsel, who may be the City Attorney, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. 8.1.b Packet Pg. 225 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 39 (C) No General Liability. No provision of this Agreement shall require the City to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Special Tax Revenues) in the performance of any of its obligations hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. (D) Owner of Bonds. The City shall not be bound to recognize any person as the Owner of a 2017 Bond unless and until such 2017 Bond is submitted for inspection, if required, and his title thereto satisfactorily established, if disputed. Section 6.03. Employment of Agents by City. In order to perform its duties and obligations hereunder, the City may employ such persons or entities as it deems necessary or advisable. The City shall not be liable for any of the acts or omissions of such persons or entities employed by it in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinations and directions of such persons or entities. 8.1.b Packet Pg. 226 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 40 ARTICLE VII THE FISCAL AGENT Section 7.01. The Fiscal Agent. (A) Appointment. The Fiscal Agent is hereby appointed as the fiscal, authentication, paying and transfer agent hereunder for the 2017 Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied duties, covenants or obligations shall be read into this Agreement against the Fiscal Agent. (B) Merger. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of this Section 7.01 shall be the successor to such Fiscal Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. The Fiscal Agent shall give the Director of Administrative Services written notice of any such succession hereunder. (C) Removal. Upon 30 days written notice, the City may remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank, national banking association or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank, national banking association or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.01, combined capital and surplus of such bank, national banking association or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. (D) Resignation. The Fiscal Agent may at any time resign by giving written notice to the City by certified mail return receipt requested, and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the City shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective only upon acceptance of appointment by the successor Fiscal Agent. (E) No Successor. If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section 7.01 within forty-five (45) days after the Fiscal Agent shall have given to the City written notice or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its inability to act, the Fiscal Agent, or any Owner may apply, at the expense of the City, to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent. (F) Court Order. If, by reason of the judgment of any court, the Fiscal Agent is rendered unable to perform its duties hereunder, all such duties and all of the rights and powers 8.1.b Packet Pg. 227 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 41 of the Fiscal Agent hereunder shall be assumed by and vest in the Director of Administrative Services in trust for the benefit of the Owners. The City covenants for the direct benefit of the Owners that the Director of Administrative Services in such case shall be vested with all of the rights and powers of the Fiscal Agent hereunder, and shall assume all of the responsibilities and perform all of the duties of the Fiscal Agent hereunder, in trust for the benefit of the Owners of the 2017 Bonds. Section 7.02. Liability of Fiscal Agent. (A) General. The recitals of facts, covenants and agreements herein and in the Bonds contained shall be taken as statements, covenants and agreements of the City, and the Fiscal Agent assumes no responsibility for the correctness of the same, nor makes any representations as to the validity or sufficiency of this Agreement or of the 2017 Bonds, nor shall the Fiscal Agent incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the 2017 Bonds assigned to or imposed upon it. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful misconduct. The Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the 2017 Bonds. All indemnifications and releases from liability granted to the Fiscal Agent hereunder shall extend to the directors, officers and employees of the Fiscal Agent. The Fiscal Agent shall not be considered in breach of or in default in its obligations hereunder in the event of delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, Acts of God or of the public enemy or terrorists, acts of a government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, explosion, mob violence, riot, inability to procure or general sabotage or rationing of labor, equipment, facilities, sources of energy, material or supplies in the open market, litigation or arbitration involving a party or others relating to zoning or other governmental action or inaction pertaining to the project, malicious mischief, condemnation, and unusually severe weather or delays of suppliers or subcontractors due to such causes or any similar event and/or occurrences beyond the control of the Fiscal Agent. (B) Reliance. The Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates, documents, written instructions or opinions furnished to the Fiscal Agent and conforming to the requirements of this Agreement; but in the case of any such certificates, documents, written instructions or opinions by which any provision hereof are specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Agreement. Except as provided above in this paragraph, the Fiscal Agent shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in accordance with the terms of this Agreement, upon any resolution, order, notice, request, consent or waiver, certificate, statement, affidavit, facsimile transmission, electronic mail, or other paper or document which it shall reasonably believe to be genuine and to have been adopted or signed by the proper person or to have been prepared and furnished pursuant to any provision of this Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. 8.1.b Packet Pg. 228 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 42 (C) No Duty to Inquire. The Fiscal Agent shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements of the City herein or of any of the documents executed by the City in connection with the 2017 Bonds, or as to the existence of a default or event of default thereunder. (D) Errors in Judgment. The Fiscal Agent shall not be liable for any error of judgment made in good faith by a responsible officer of the Fiscal Agent unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts. (E) No Expenditures. No provision of this Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers. (F) No Action. The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request or direction of any of the Owners under this Agreement unless such Owners shall have offered to the Fiscal Agent reasonable security or indemnity satisfactory to the Fiscal Agent against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. (G) Owner of Bonds. The Fiscal Agent may become the owner of the 2017 Bonds with the same rights it would have if it were not the Fiscal Agent. Section 7.03. Information; Books and Accounts. The Fiscal Agent shall provide to the City such information relating to the 2017 Bonds and the funds and accounts maintained by the Fiscal Agent hereunder as the City shall reasonably request, including but not limited to monthly statements reporting funds held and transactions by the Fiscal Agent, including the value of any investments held by the Fiscal Agent. The Fiscal Agent will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the Fiscal Agent, in which complete and correct entries shall be made of all transactions made by the Fiscal Agent relating to the expenditure of amounts disbursed from the following funds and any accounts in such funds: the Bond Fund, the Special Tax Fund, the Reserve Fund, the Improvement Fund, and the Costs of Issuance Fund. Such books of record and accounts shall, upon reasonable notice, during business hours be subject to the inspection of the City and the Owners of not less than ten percent (10%) of the principal amount of the 2017 Bonds then Outstanding, or their representatives duly authorized in writing. Section 7.04. Notice to Fiscal Agent. The Fiscal Agent may conclusively rely and shall be fully protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, facsimile transmission, electronic mail, written instructions, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The Fiscal Agent may consult with counsel, who may be counsel to the City, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in accordance therewith. The Fiscal Agent shall not be bound to recognize any person as the Owner of a 2017 Bond unless and until such 2017 Bond is submitted for inspection, if required, and his title thereto satisfactorily established, if disputed. Whenever in the administration of its duties under this Agreement the Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering 8.1.b Packet Pg. 229 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 43 any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the Fiscal Agent, be deemed to be conclusively proved and established by an Officer’s Certificate of the City, and such certificate shall be full warrant to the Fiscal Agent for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 7.05. Compensation, Indemnification. The City shall pay to the Fiscal Agent from time to time reasonable compensation for all services rendered as Fiscal Agent under this Agreement, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of its attorneys (including the allocated costs of in-house attorneys), agents and employees, incurred in and about the performance of their powers and duties under this Agreement, but the Fiscal Agent shall not have a lien therefor on any funds at any time held by it under this Agreement. The City further agrees, to the extent permitted by applicable law, to indemnify and save the Fiscal Agent, its officers, employees, directors and agents harmless from and against any liabilities, costs, suits, claims or expenses, including fees and expenses of its attorneys, which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. The obligations of the City under this Section shall survive resignation or removal of the Fiscal Agent under this Agreement, and payment of the 2017 Bonds and discharge of this Agreement, but any monetary obligation of the City arising under this Section shall be limited solely to amounts on deposit in the Administrative Expense Fund. 8.1.b Packet Pg. 230 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 44 ARTICLE VIII MODIFICATION OR AMENDMENT Section 8.01. Amendments Permitted. (A) With Consent. This Agreement and the rights and obligations of the City and of the Owners of the 2017 Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of Owners, or with the written consent without a meeting, of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding, exclusive of 2017 Bonds disqualified as provided in Section 8.04. No such modification or amendment shall (i) extend the maturity of any 2017 Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the City to pay the principal of, and the interest and any premium on, any 2017 Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation by the City of any pledge or lien upon the Special Taxes superior to or on a parity with the pledge and lien created for the benefit of the 2017 Bonds (except as otherwise permitted by the Act, the laws of the State of California or this Agreement), or reduce the percentage of 2017 Bonds required for the amendment hereof. (B) Without Consent. This Agreement and the rights and obligations of the City and of the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the extent permitted by law and only for any one or more of the following purposes: (i) to add to the covenants and agreements of the City herein, other covenants and agreements thereafter to be observed, or (b) to limit or surrender any right or power herein reserved to or conferred upon the City; (ii) to make modifications not adversely affecting any Outstanding 2017 Bonds in any material respect, including, but not limited to, amending the Rate and Method, so long as the amendment does not result in debt service coverage less than that set forth in Section 3.06(E); (iii) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Agreement, or in regard to questions arising under this Agreement, as the City and the Fiscal Agent may deem necessary or desirable and not inconsistent with this Agreement, and which shall not adversely affect the rights of the Owners of the 2017 Bonds; (iv) to make such additions, deletions or modifications as may be necessary or desirable to assure exclusion from gross income for federal income tax purposes of interest on the 2017 Bonds; (v) in connection with the issuance of any Parity Bonds under and pursuant to Section 3.06. (C) Fiscal Agent’s Consent. Any amendment of this Agreement may not modify any of the rights or obligations of the Fiscal Agent without its written consent. The Fiscal Agent shall be furnished an opinion of counsel that any such Supplemental Agreement entered into by the 8.1.b Packet Pg. 231 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 45 City and the Fiscal Agent complies with the provisions of this Section 8.01 and the Fiscal Agent may conclusively rely on such opinion and shall be absolutely protected in so relying. Section 8.02. Owners’ Meetings. The City may at any time call a meeting of the Owners. In such event the City is authorized to fix the time and place of said meeting and to provide for the giving of notice thereof and to fix and adopt rules and regulations for the conduct of said meeting. Section 8.03. Procedure for Amendment with Written Consent of Owners. The City and the Fiscal Agent may at any time adopt a Supplemental Agreement amending the provisions of the 2017 Bonds or of this Agreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.01(A), to take effect when and as provided in this Section 8.03. A copy of such Supplemental Agreement, together with a request to Owners for their consent thereto, shall be mailed by first class mail, by the Fiscal Agent, at the expense of the City), to each Owner of 2017 Bonds Outstanding, but failure to mail copies of such Supplemental Agreement and request shall not affect the validity of the Supplemental Agreement when assented to as in this Section 8.03 provided. Such Supplemental Agreement shall not become effective unless there shall be filed with the Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the 2017 Bonds then Outstanding (exclusive of Bonds disqualified as provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section 8.03 provided. Each such consent shall be effective only if accompanied by proof of ownership of the 2017 Bonds for which such consent is given, which proof shall be such as is permitted by Section 9.04. Any such consent shall be binding upon the Owner of the 2017 Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section 8.03 provided for has been mailed. After the Owners of the required percentage of 2017 Bonds shall have filed their consents to the Supplemental Agreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section 8.03 for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement has been consented to by the Owners of the required percentage of 2017 Bonds and will be effective as provided in this Section 8.03 (but failure to mail copies of said notice shall not affect the validity of the Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of the papers required by this Section 8.03 to be filed with the Fiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Agreement shall become effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the City and the Owners of all 2017 Bonds at the expiration of sixty (60) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such sixty-day period. Section 8.04. Disqualified Bonds. 2017 Bonds owned or held for the account of the City, excepting any pension or retirement fund, shall not be deemed Outstanding for the purpose of any vote, consent or other action or any calculation of Outstanding 2017 Bonds provided for in this Article VIII, and shall not be entitled to vote upon, consent to, or take any other action provided for in this Article VIII. Upon request of the Fiscal Agent, the City shall 8.1.b Packet Pg. 232 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 46 specify in a certificate to the Fiscal Agent those 2017 Bonds disqualified pursuant to this Section and the Fiscal Agent may conclusively rely on such certificate. Section 8.05. Effect of Supplemental Agreement. From and after the time any Supplemental Agreement becomes effective under this Article VIII, this Agreement shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations under this Agreement of the City, the Fiscal Agent and all Owners of 2017 Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and all purposes. Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments. The City may determine that 2017 Bonds issued and delivered after the effective date of any action taken as provided in this Article VIII shall bear a notation, by endorsement or otherwise, in form approved by the City, as to such action. In that case, upon demand of the Owner of any 2017 Bond Outstanding at such effective date and upon presentation of his Bond for that purpose at the Principal Office of the Fiscal Agent or at such other office as the City may select and designate for that purpose, a suitable notation shall be made on such 2017 Bond. The City may determine that new 2017 Bonds, so modified as in the opinion of the City is necessary to conform to such Owners’ action, shall be prepared, executed and delivered. In that case, upon demand of the Owner of any 2017 Bonds then Outstanding, such new 2017 Bonds shall be exchanged at the Principal Office of the Fiscal Agent without cost to any Owner, for 2017 Bonds then Outstanding, upon surrender of such 2017 Bonds. Section 8.07. Amendatory Endorsement of Bonds. The provisions of this Article VIII shall not prevent any Owner from accepting any amendment as to the particular 2017 Bonds held by him, provided that due notation thereof is made on such 2017 Bonds. 8.1.b Packet Pg. 233 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 47 ARTICLE IX MISCELLANEOUS Section 9.01. Benefits of Agreement Limited to Parties. Nothing in this Agreement, expressed or implied, is intended to give to any person other than the City, the Fiscal Agent and the Owners, any right, remedy, claim under or by reason of this Agreement. Any covenants, stipulations, promises or agreements in this Agreement contained by and on behalf of the City shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent. Section 9.02. Successor and Predecessor. Whenever in this Agreement or any Supplemental Agreement either the City or the Fiscal Agent is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Agreement contained by or on behalf of the City or the Fiscal Agent shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 9.03. Discharge of Agreement. The City may pay and discharge the entire indebtedness on all or any portion of 2017 Bonds Outstanding in any one or more of the following ways: (A) by paying or causing to be paid the principal of, and interest and any premium on, all 2017 Bonds Outstanding, as and when the same become due and payable; (B) by depositing with the Fiscal Agent, irrevocably, at or before maturity, money which, together with the amounts then on deposit in the funds and accounts provided for in the Bond Fund and the Reserve Fund hereof, is fully sufficient to pay all 2017 Bonds Outstanding, including all principal, interest and redemption premiums; or (C) by irrevocably depositing with the Fiscal Agent, irrevocably, cash and/or Federal Securities in such amount as the City shall determine, as confirmed by an independent certified public accountant, will, together with the interest to accrue thereon and moneys then on deposit in the fund and accounts provided for in the Bond Fund and the Reserve Fund (to the extent invested in Federal Securities), be fully sufficient to pay and discharge the indebtedness on all 2017 Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates. If the City shall have taken any of the actions specified in (A), (B) or (C) above, and if such 2017 Bonds are to be redeemed prior to the maturity thereof and notice of such redemption shall have been given as in this Agreement provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice, then, at the election of the City, and notwithstanding that any such 2017 Bonds shall not have been surrendered for payment, the pledge of the Special Taxes and other funds provided for in this Agreement and all other obligations of the City under this Agreement with respect to such 2017 Bonds shall cease and terminate. Notice of such election shall be filed with the Fiscal Agent. 8.1.b Packet Pg. 234 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 48 Notwithstanding the foregoing, the following obligations and pledges of the City shall continue in any event: (i) the obligation of the City to pay or cause to be paid to the Owners of the 2017 Bonds not so surrendered and paid all sums due thereon, (ii) the obligation of the City to pay amounts owing to the Fiscal Agent pursuant to Section 7.05, and (iii) the obligation of the City to assure that no action is taken or failed to be taken if such action or failure a dversely affects the exclusion of interest on the 2017 Bonds from gross income for federal income tax purposes. Upon compliance by the City with the foregoing with respect to all 2017 Bonds Outstanding, any funds held by the Fiscal Agent after payment of all fees and expenses of the Fiscal Agent, which are not required for the purposes of the preceding paragraph, shall be paid over to the City and any Special Taxes thereafter received by the City shall not be remitted to the Fiscal Agent but shall be retained by the City to be used for any purpose permitted under the Act. Section 9.04. Execution of Documents and Proof of Ownership by Owners. Any request, declaration, consent or other instrument which this Agreement may require or permit to be executed by Owners may be in one or more instruments of similar tenor, and shall be executed by Owners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration, consent or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Except as otherwise herein expressly provided, the ownership of registered 2017 Bonds and the amount, maturity, number and date of holding the same shall be proved by the registration books maintained by the Fiscal Agent under Section 2.07. Any request, declaration, consent or other instrument or writing of the Owner of any 2017 Bond shall bind all future Owners of such 2017 Bond in respect of anything done or suffered to be done by the City or the Fiscal Agent in good faith and in accordance therewith. Section 9.05. Waiver of Personal Liability. No Council member, officer, agent or employee of the City shall be individually or personally liable for the payment of the principal of or interest or any premium on the 2017 Bonds; but nothing herein contained shall relieve any such Council member, officer, agent or employee from the performance of any official duty provided by law. Section 9.06. Notices to and Demands on City and Fiscal Agent. Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Fiscal Agent to or on the City may be given or served (A) by facsimile transmission receipt of which has been confirmed, (B) by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the City with the Fiscal Agent) or (C) electronic mail as follows: 8.1.b Packet Pg. 235 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 49 City of Dublin 100 Civic Plaza Dublin, CA 94568 Fax: (925) ___-____ - Attention: Director of Administrative Services Email: colleen.tribby@dublin.ca.gov Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the City to or on the Fiscal Agent may be given or served (A) by facsimile transmission receipt of which has been confirmed, (B) by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the Fiscal Agent with the City) or (C) electronic mail as follows: U.S. Bank National Association Global Corporate Trust Services One California Street, 10th Floor San Francisco, California 94111 Fax: (415) ___-____ - Attention: Michelle Knutson Email: michelle.knutson@usbank.com Section 9.07. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Agreement shall for any reason be held by a court of competent jurisdiction to be illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Agreement. The City hereby declares that it would have adopted this Agreement and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issuance of the 2017 Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Agreement may be held illegal, invalid or unenforceable. Section 9.08. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any moneys held by the Fiscal Agent for the payment and discharge of the principal of, and the interest and any premium on, the 2017 Bonds which remains unclaimed for two (2) years after the date when the payment of such principal, interest and premium have become payable, if such moneys were held by the Fiscal Agent at such date, shall be repaid by the Fiscal Agent to the City as its absolute property free from any trust, and the Fiscal Agent shall thereupon be released and discharged with respect thereto and the Owners of such 2017 Bonds shall look only to the City for the payment of the principal of, and interest and any premium on, such 2017 Bonds. Any right of any Owner to look to the City for such payment shall survive only so long as required under applicable law. Section 9.09. Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State applicable to contracts made and performed in the State. Section 9.10. Conflict with Act. In the event of a conflict between any provision of this Agreement with any provision of the Act as in effect on the Closing Date, the provision of the Act shall prevail over the conflicting provision of this Agreement. Section 9.11. Conclusive Evidence of Regularity. 2017 Bonds issued under this Agreement shall constitute conclusive evidence of the regularity of all proceedings under the Act relative to their issuance and the levy of the Special Taxes. 8.1.b Packet Pg. 236 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 50 Section 9.12. Payment on Business Day. In any case where the date of the maturity of interest or of principal (and premium, if any) of the 2017 Bonds, or the date fixed for redemption of any 2017 Bonds, or the date any action is to be taken under this Agreement, is other than a Business Day, the payment of interest or principal (and premium, if any) or the action shall be made on the next succeeding day which is a Business Day with the same force and effect as if made on the date required and no interest shall accrue for the period from and after such date. Section 9.13. State Reporting Requirements. In addition to Section 5.15, the following requirements shall apply to the 2017 Bonds: (A) Annual Reporting. Not later than October 30 of each calendar year, beginning with the October 30 first succeeding the date of the 2017 Bonds, and in each calendar year thereafter until the October 30 following the final maturity of the Bonds, the Director of Administrative Services shall cause the information required by Government Code Section 53359.5(b) to be supplied to CDIAC. The annual reporting shall be made using such form or forms as may be prescribed by CDIAC. (B) Other Reporting. If at any time the Fiscal Agent fails to pay principal and interest due on any scheduled payment date for the 2017 Bonds, or if funds are withdrawn from the Reserve Fund to pay principal and interest on the 2017 Bonds so as to reduce the amount in the Reserve Fund to less than the Reserve Requirement, the Fiscal Agent shall notify the Director of Administrative Services of such failure or withdrawal in writing. The Director of Administrative Services shall notify CDIAC and the Original Purchasers of such failure or withdrawal within 10 days of such failure or withdrawal. (C) Special Tax Reporting. The Director of Administrative Services shall file a report with the City no later than January 1, 20__, and at least once a year thereafter, which annual report shall contain: (i) the amount of Special Taxes collected and expended with respect to Improvement Area No. 1, (ii) the amount of 2017 Bond proceeds collected and expended with respect to the CFD, and (iii) the status of the Project. It is acknowledged that the Special Tax Fund and the Special Tax Prepayments Account are the accounts into which Special Taxes collected in Improvement Area No. 1 will be deposited for purposes of Section 50075.1(c) of the California Government Code, and the funds and accounts listed in Section 4.01 are the funds and accounts into which 2017 Bond proceeds will be deposited for purposes of Section 53410(c) of the California Government Code, and the annual report described in the preceding sentence is intended to satisfy the requirements of Sections 50075.1(d), 50075.3(d) and 53411 of the California Government Code. (D) Amendment. The reporting requirements of this Section 9.13 shall be amended from time to time, without action by the City or the Fiscal Agent (i) with respect to subparagraphs (A) and (B) above, to reflect any amendments to Section 53359.5(b) or Section 53359.5(c) of the Act, and (ii) with respect to subparagraph (C) above, to reflect any amendments to Section 50075.1, 50075.3, 53410 or 53411 of the California Government Code. Notwithstanding the foregoing, any such amendment shall not, in itself, affect the City’s obligations under the Continuing Disclosure Agreement. The City shall notify the Fiscal Agent in writing of any such amendments which affect the reporting obligations of the Fiscal Agent under this Agreement. 8.1.b Packet Pg. 237 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 51 (E) No Liability. None of the City and its officers, agents and employees, the Director of Administrative Services or the Fiscal Agent shall be liable for any inadver tent error in reporting the information required by this Section 9.13. The Director of Administrative Services shall provide copies of any such reports to any Bondowner upon the written request of a Bondowner and payment by the person requesting the information of the cost of the City to photocopy and pay any postage or other delivery cost to provide the same, as determined by the Director of Administrative Services. The term “Bondowner” for purposes of this Section 9.13 shall include any “Beneficial Owner” of the 2017 Bonds, as the term “Beneficial Owner” is described in Section 2.10. Section 9.14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. * * * * * * * * * * 8.1.b Packet Pg. 238 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 52 IN WITNESS WHEREOF, the City and the Fiscal Agent have caused this Agreement to be executed as of the date first written above. CITY OF DUBLIN, FOR AND ON BEHALF OF CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2015-1 (Dublin Crossing) By: City Manager U.S. BANK NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Officer 8.1.b Packet Pg. 239 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit A Page 1 EXHIBIT A FORM OF 2017 BOND No. __ ***$______*** UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF ALAMEDA CITY OF DUBLIN Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bond, Series 2017 INTEREST RATE MATURITY DATE DATED DATE CUSIP ____% September 1, ____ ___________, 2017 ___________ REGISTERED OWNER: Cede & Co. PRINCIPAL AMOUNT: *********DOLLARS The City of Dublin (the City) for and on behalf of the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “CFD”), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in Improvement Area No. 1 of the CFD or amounts in certain funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from the Dated Date set forth above, or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for (unless this Bond is authenticated on or before an Interest Payment Date (as hereinafter defined) and after the close of business on the Record Date (as hereinafter defined) preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or unless this Bond is authenticated on or prior to _______ 15, 201_, in which event it shall bear interest from the Dated Date identified above, payable semiannually on each September 1 and March 1, commencing _______ 1, 201_ (each an “Interest Payment Date”), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment provided, however, that if at the time of authentication of this Bond, interest is in default on this Bond, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment. Principal of and interest on the Bonds (including the final interest payment upon maturity or earlier redemption), is payable on the applicable Interest Payment Date by check of the Fiscal Agent (defined below) mailed by first class mail to the registered Owner thereof at such registered Owner's address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer made on such Interest Payment Date upon written instructions of any Owner of $1,000,000 or more in aggregate principal amount of Bonds delivered to the Fiscal Agent prior 8.1.b Packet Pg. 240 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit A Page 2 to the applicable Record Date. The principal of the Bonds and any premium on the Bonds are payable in lawful money of the United States of America upon surrender of the Bonds at the Principal Office of the Fiscal Agent or such other place as designated by the Fiscal Agent. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $__________ approved by resolution of the City Council of the City on __________, 2017 (the “Resolution”), under the Mello-Roos Community Facilities Act of 1982, as amended, being sections 53311, et seq., of the California Government Code (the “Act”) for the purpose funding certain facilities for the CFD, and is one of the series of bonds designated “City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017” (the “Bonds”). The issuance of the Bonds and the terms and conditions thereof are provided for by a Fiscal Agent Agreement, dated as of __________ 1, 2017 (the “Agreement”), between the City and U.S. Bank National Association (the “Fiscal Agent”) and this reference incorporates the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. The Agreement is authorized under, this Bond is issued under and both are to be construed in accordance with, the laws of the State of California. Pursuant to the Act, the Resolution and the Agreement, the principal of and interest on this Bond are payable solely from the annual special tax authorized under the Act to be collected within Improvement Area No. 1 of the CFD (the “Special Tax”) and certain funds held under the Agreement. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City for which the City is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. Neither the faith and credit nor the taxing power of the City (except to the limited extent set forth in the Agreement) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Optional Redemption. The Bonds maturing on or after September 1, 20__ are subject to redemption prior to their stated maturities, on any date on and after September 1, 20__, in whole or in part, at a redemption price equal to the principal amount of the Bonds to be redeemed, together with accrued interest thereon to the date fixed for redemption, without premium. Mandatory Partial Redemption. The Term Bond maturing on September 1, 20__ is subject to mandatory partial redemption in part by lot, from payments made by the City from the Bond Fund, at a redemption price equal to the principal amount thereof to be redeemed, without premium, together with accrued interest thereon to the date of redemption, in the aggregate respective principal amounts all as set forth in the following table: Mandatory Partial Redemption Date (September 1) Principal Amount Subject to Redemption 20__ $___,000 20__ ___,000 20__ ___,000 20__ ___,000 20__ ___,000 20__ ___,000 20__ ___,000 8.1.b Packet Pg. 241 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit A Page 3 20__ ___,000 20__ ___,000 20__ (Maturity) ___,000 Provided, however, if some but not all of the Term Bonds have been redeemed as a result of an optional redemption or a mandatory partial redemption, the total amount of all future mandatory partial redemption principal amounts shall be reduced by the aggregate principal amount of Term Bonds so redeemed, to be allocated among such mandatory partial redemption principal amounts on a pro rata basis in integral multiples of $5,000 as determined by the Fiscal Agent, notice of which determination shall be given by the Fiscal Agent to the City. Redemption From Special Tax Prepayments. The Bonds are also subject to redemption from the proceeds of Special Tax Prepayments and any corresponding transfers from the Reserve Fund pursuant to the Agreement on any Interest Payment Date, among maturities so as to maintain substantially the same debt service profile as in effect prior to such redemption and by lot within a maturity, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest to the date fixed for redemption: Redemption Date Redemption Price Any Interest Payment Date on or before March 1, 20__ 103% On September 1, 20__ and March 1, 20__ 102 On September 1, 20__ and March 1, 20__ 101 On September 1, 20__ and any Interest Payment Date thereafter 100 Under the terms of the Agreement, in the event the City pays and discharges the entire indebtedness on all or any portion on the Bonds Outstanding (as such term is defined therein) in one or more of the ways specified therein, the pledge of the Special Taxes and other funds provided for in the Agreement and all other obligations of the City under the Agreement with respect to such Bonds shall cease and terminate. Notice of redemption with respect to the Bonds to be redeemed shall be given to the registered owners thereof, in the manner, to the extent and subject to the provisions of the Agreement. The City has the right to rescind any notice of the optional redemption of Bonds by written notice to the Fiscal Agent on or prior to the date fixed for redemption as further described in the Agreement. This Bond shall be registered in the name of the owner hereof, as to both principal and interest. Each registration and transfer of registration of this Bond shall be entered by the Fiscal Agent in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication endorsed hereon. No transfer or exchange hereof shall be valid for any purpose unless made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof, interest hereon and any redemption premium shall be payable only to the registered owner or to such owner’s order. The Fiscal Agent shall require the registered owner requesting transfer or exchange to pay any tax or other governmental charge required to be paid with respect to such transfer or exchange. No transfer or exchange hereof shall be required to be made in the circumstances set forth in the Fiscal Agent Agreement. 8.1.b Packet Pg. 242 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit A Page 4 The Agreement and the rights and obligations of the City thereunder may be modified or amended as set forth therein. The principal of the Bonds is not subject to acceleration upon a default under the Agreement or any other document. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Fiscal Agent. IT IS HEREBY CERTIFIED, RECITED AND DECLARED by the City that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City, does not exceed any debt limit prescribed by the laws or Constitution of the State of California. Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Fiscal Agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. 8.1.b Packet Pg. 243 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit A Page 5 IN WITNESS WHEREOF, the City of Dublin has caused this Bond to be to be signed by the facsimile signature of its Mayor and countersigned by the facsimile signature of the City Clerk with the seal of the City imprinted hereon. [S E A L] City Clerk Mayor [FORM OF FISCAL AGENT’S CERTIFICATE OF AUTHENTICATION AND REGISTRATION] This is one of the Bonds described in the Agreement which has been authenticated on , 2017. U.S. BANK NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Signatory 8.1.b Packet Pg. 244 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit A Page 6 FORM OF ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within Bond and do(es) hereby irrevocably constitute and appoint , attorney, to transfer the same on the registration books of the Fiscal Agent, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature guarantee shall be made by a guarantor institution participating in the Securities Transfer Agents Medallion Program or in such other guarantee program acceptable to the Fiscal Agent. NOTICE: The signature on this assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. 8.1.b Packet Pg. 245 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit B Page 1 EXHIBIT B CITY OF DUBLIN Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017 OFFICER’S CERTIFICATE REQUESTING DISBURSEMENT FROM IMPROVEMENT FUND REQUISITION NO. _____ The undersigned hereby states and certifies that: (i) I am the duly appointed, qualified and acting _____________________ of the City of Dublin, a municipal corporation duly organized and existing under the laws of the State of California (the “City”) and as such, am familiar with the facts herein certified and am authorized to certify the same. (ii) I am an “Authorized Officer,” as such term is defined in that certain Fiscal Agent Agreement, dated as of __________ 1, 2017 (the “Fiscal Agent Agreement”), by and between the City and U.S. Bank National Association, as fiscal agent (the “Fiscal Agent”). (iii) Under Section 4.07(B) of the Fiscal Agent Agreement, the undersigned hereby requests and authorizes the Fiscal Agent to disburse from the Improvement Fund established under the Fiscal Agent Agreement to each payee designated on Schedule A attached hereto and by this reference incorporated herein, the amount set forth opposite such payee, for payment or reimbursement of previous payment of a Project cost (as Project is defined in the Fiscal Agent Agreement) as described on attached Schedule A. Payments shall be made by check or wire transfer in accordance with the payment instructions set forth on Schedule A (or the invoice attached thereto) and the Fiscal Agent shall rely on such payment instructions as though given by the City with no duty to investigate or inquire as to the authenticity of the invoice or the payment instructions contained therein or the authority under which they were given. (iv) No portion of the amount herein requested to be disbursed was set forth in any Officer’s Certificate previously filed requesting disbursement. Dated: CITY OF DUBLIN By: _______________________________ (Signature) _______________________________ (Title) 8.1.b Packet Pg. 246 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit B Page 2 SCHEDULE A Payee Name and Address Purpose of Obligation Amount 8.1.b Packet Pg. 247 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit C Page 1 EXHIBIT C CITY OF DUBLIN Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017 OFFICER’S CERTIFICATE REQUESTING DISBURSEMENT FROM COSTS OF ISSUANCE FUND REQUISITION NO. _____ The undersigned hereby states and certifies that: (i) I am the duly appointed, qualified and acting ________________________ of the City of Dublin, a municipal corporation duly organized and existing under the laws of the State of California (the “City”) and as such, am familiar with the facts herein certified and am authorized to certify the same. (ii) I am an “Authorized Officer,” as such term is defined in that certain Fiscal Agent Agreement, dated as of ______________ 1, 2017 (the “Fiscal Agent Agreement”), by and between the City and U.S. Bank National Association, as fiscal agent (the “Fiscal Agent”). (iii) Under Section 4.02(B) of the Fiscal Agent Agreement, the undersigned hereby requests and authorizes the Fiscal Agent to disburse from the Costs of Issuance Fund established under the Fiscal Agent Agreement to each payee designated on Schedule A attached hereto and by this reference incorporated herein, the amount set forth in an invoice submitted by each such payee but no more than the amount set forth opposite such payee, for payment or reimbursement of previous payment of Costs of Issuance (as that term is defined in the Fiscal Agent Agreement) as described on attached Schedule A. Payments shall be made by check or wire transfer in accordance with the payment instructions set forth on Schedule A (or the invoice attached thereto) and the Fiscal Agent shall rely on such payment instructions as though given by the City with no duty to investigate or inquire as to the authenticity of the invoice or the payment instructions contained therein or the authority under which they were given. (iv) The disbursements described on the attached Schedule A constitute Costs of Issuance, and are properly chargeable to the Costs of Issuance Fund. Dated: CITY OF DUBLIN By: ____________________________ (Signature) ____________________________ (Title) 8.1.b Packet Pg. 248 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit C Page 2 SCHEDULE A Payee Name and Address Purpose of Obligation Amount 8.1.b Packet Pg. 249 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit D Page 1 EXHIBIT D CITY OF DUBLIN Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017 OFFICER’S CERTIFICATE REQUESTING DISBURSEMENT FROM ADMINISTRATIVE EXPENSE FUND REQUISITION NO. _____ The undersigned hereby states and certifies that: (i) I am the duly appointed, qualified and acting ______________________ of the City of Dublin, a municipal corporation duly organized and existing under the laws of the State of California (the “City”) and as such, am familiar with the facts herein certified and am authorize d to certify the same. (ii) I am an “Authorized Officer,” as such term is defined in that certain Fiscal Agent Agreement, dated as of ______________ 1, 2017 (the “Fiscal Agent Agreement”), by and between the City and U.S. Bank National Association, as fiscal agent (the “Fiscal Agent”). (iii) Under Section 4.06(B) of the Fiscal Agent Agreement, the undersigned hereby requests and authorizes the Director of Administrative Services (as defined in the Fiscal Agent Agreement) to disburse from the Administrative Expense Fund established under the Fiscal Agent Agreement to each payee designated on Schedule A attached hereto and by this reference incorporated herein, the amount set forth opposite such payee, for payment or reimbursement of previous payment of an Administrative Expense or Costs of Issuance (as those terms are defined in the Fiscal Agent Agreement) as described on attached Schedule A. Payments shall be made by check or wire transfer in accordance with the payment instructions set forth on Schedule A (or the invoice attached thereto). (iv) The disbursements described on the attached Schedule A constitute Administrative Expenses or Costs of Issuance, and are properly chargeable to the Administrative Expense Fund. Dated: CITY OF DUBLIN By: _______________________________ (Signature) _______________________________ (Title) 8.1.b Packet Pg. 250 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Exhibit D Page 2 SCHEDULE A Payee Name and Address Purpose of Obligation Amount 2785656.6 8.1.b Packet Pg. 251 At t a c h m e n t : 2 . F i s c a l A g e n t A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) $__________ CITY OF DUBLIN IMPROVEMENT AREA NO. 1 COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING) SPECIAL TAX BONDS, SERIES 2017 PURCHASE CONTRACT July __, 2017 City of Dublin 100 Civic Plaza Dublin, California 94568 Ladies and Gentlemen: The undersigned, Prager & Co., LLC (the “Underwriter”) offers to enter into this Purchase Contract (the “Purchase Contract”) with you, the City of Dublin (the “City”), for and on behalf of the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “District”), and upon acceptance hereof, this offer will become binding upon the City and the Underwriter. This offer is made subject to acceptance by delivery of an executed counterpart hereof at or prior to 11:59 p.m., Pacific time, on this date or on such later date as shall have been consented to by the parties hereto. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Fiscal Agent Agreement, dated as of _________, 2017 (the “Fiscal Agent Agreement”), between the City and U.S. Bank National Association, as fiscal agent (the “Fiscal Agent”). 1. Purchase, Sale and Delivery of the Bonds. (a) Upon the basis of the representations, warranties and agreements herein set forth and subject to the terms and conditions contained herein, the Underwriter hereby agrees to purchase from the City, and the City hereby agrees to sell to the Underwriter, all (but not less than all) of the $________ aggregate principal amount of the City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017 (the “Bonds”), dated the date of delivery of the Bonds, bearing interest at the rates and maturing on the dates in the principal amounts, and subject to redemption, as set forth in Exhibit A attached hereto. The Underwriter will purchase the Bonds at an aggregate price of $__________ (being the aggregate principal amount of the Bonds of $________, plus a [net] original issue premium of $_________, less an Underwriter’s discount of $________). The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable as provided in, the Fiscal Agent Agreement. The Bonds and interest thereon will be payable from Special Tax Revenues levied 8.1.c Packet Pg. 252 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 2 and collected on the taxable land within Improvement Area No. 1 of the District. The City, acting as the legislative body of the District, authorized the issuance of the Bonds pursuant to a resolution adopted on _________, 2017 (the “City Resolution”). The proceeds from the sale of the Bonds will be used in accordance with the Fiscal Agent Agreement and the Mello-Roos Community Facilities Act of 1982, as amended, constituting Section 53311 et seq. of the California Government Code (the “Act”), (i) to finance the costs of the acquisition and/or construction of capital improvements and reimbursement of capital facilities impact fees, (ii) to fund a debt service reserve fund for the Bonds, (iii) to pay for capitalized interest, and (iv) to pay for the costs of issuing the Bonds, all as more fully described in the Official Statement under the caption, “INTRODUCTION—Use of Proceeds,” and as enumerated in Section 5 of this Purchase Contract. (b) The City will cooperate in the preparation and delivery to the Underwriter of the Official Statement, dated the date hereof, substantially in the form of the Preliminary Official Statement relating to the Bonds, dated ________, 2017 (the “Preliminary Official Statement”), with only such changes therein as have been accepted by the Underwriter and approved by Jones Hall, a Professional Law Corporation (“Bond Counsel”) (the Preliminary Official Statement with such changes, and including the cover page and all appendices, exhibits, reports and statements included therein or attached thereto, as then supplemented in accordance with this Purchase Contract, being herein called the “Official Statement”), signed on behalf of the City by the City Manager or other authorized official of the City, in such quantities as the Underwriter shall request. The City confirms that the information contained in the Preliminary Official Statement was deemed to be final as of its date for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (“Rule 15c2-12”), except for any information permitted to be omitted therefrom by Rule 15c2-12, and represents and warrants that information contained in the Official Statement is deemed final as of the date hereof for purposes of Rule 15c2-12. The City will undertake, pursuant to the Continuing Disclosure Agreement dated as of ________, 2017 (the “Continuing Disclosure Agreement”), between the City and the Dissemination Agent (as defined therein), to provide certain annual information and notices of the occurrence of certain enumerated events. A description of this undertaking is set forth in the Official Statement. (c) At 8:00 a.m., Pacific time, on August __, 2017 or at such other time or on such earlier or later date as we may mutually agree upon (the “Closing Date”), the City will deliver or cause to be delivered to The Depository Trust Company (“DTC”) for the account of the Underwriter in New York, New York, or at such other place as we may mutually agree upon, the Bonds in definitive form, bearing proper CUSIP numbers, duly executed and authenticated, and to the offices of Bond Counsel in Oakland, California the other documents hereinafter mentioned; and, subject to the conditions of this Purchase Contract, the Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in paragraph (a) of this Section by certified or official bank check or by wiring funds (which payment in any event shall be in immediately available funds) payable to the order of the Fiscal Agent (such delivery and payment being herein referred to as the “Closing”). Upon initial issuance, the ownership of the Bonds will be registered in the name of Cede & Co., as nominee of DTC, and will be in the form of a separate, single, fully-registered Bond for each maturity. 8.1.c Packet Pg. 253 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 3 (d) The Underwriter has entered into this Purchase Contract in reliance upon the representations and warranties of the City contained herein and the certificates and opinions required to be delivered pursuant hereto. 2. Representations, Warranties and Agreements of the City. The City represents and warrants to and agrees with the Underwriter that: (a) The District is a community facilities district duly organized and validly existing under the Constitution and laws of the State of California, and the City, acting on behalf of the District, has, and will have at the Closing Date, full power and authority to issue the Bonds, to adopt the City Resolution, to enter into the Fiscal Agent Agreement, the Continuing Disclosure Agreement, and this Purchase Contract and to perform its obligations under the Fiscal Agent Agreement, the Continuing Disclosure Agreement, and this Purchase Contract, and when executed and delivered by the respective parties thereto, the Fiscal Agent Agreement, the Continuing Disclosure Agreement, and this Purchase Contract will constitute the legal, valid and binding obligations of the City enforceable in accordance with their respective terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, arrangement, fraudulent conveyance, moratorium and other similar laws related to or affecting creditors’ rights generally and to the application of equitable principles as the court having jurisdiction m ay impose, regardless of whether such proceeding is considered a proceeding in equity or law, to the exercise of judicial discretion in appropriate cases, and to the limitations on legal remedies against governmental entities in the State of California and by matters of public policy; (b) When delivered to and paid for by the Underwriter at the Closing in accordance with the provisions of this Purchase Contract and assuming proper authentication by the Fiscal Agent by the manual signature of an authorized officer thereof, the Bonds will have been duly authorized, executed, issued and delivered and will constitute valid and binding limited obligations of the City, enforceable in accordance with their terms and entitled to the benefit and security of the Fiscal Agent Agreement; (c) By official action of the City prior to or concurrently with the acceptance hereof, the City has authorized and approved the distribution of the Preliminary Official Statement, authorized and approved the distribution of the Official Statement, and authorized and approved the execution and delivery of, and the performance by the City of the obligations on its part contained in, the Bonds, the Fiscal Agent Agreement, the Continuing Disclosure Agreement, and this Purchase Contract, and the consummation by the City of all other transactions on its part contemplated by the Official Statement and this Purchase Contract; (d) As of the date hereof, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental agency, public board or body, pending (with service of process against the City having been accomplished) or known to the City to be threatened against the City, seeking to restrain or enjoin the issuance, sale, execution or delivery of the Bonds, or in any way contesting any proceedings of the City taken concerning the issuance or sale thereof, the adoption of the City Resolution, the pledge or application of any moneys or security provided for the payment of the Bonds, or in any way contesting the validity or enforceability of the Bonds, the Fiscal Agent Agreement, the Continuing Disclosure Agreement, 8.1.c Packet Pg. 254 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 4 or this Purchase Contract, or contesting in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement, as amended or supplemented, or the existence or powers of the City relating to the issuance of the Bonds; (e) As of the date thereof and as of the date hereof, the statements and information contained in the Preliminary Official Statement were and will be true, correct and complete in all material respects, and did not and will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements and information therein, in light of the circumstances under which they were made, not misleading. (f) Both as of the date hereof and at the Closing Date, the statements and information contained in the Official Statement are and will be true, correct and complete in all material respects, and do not and will not contain any untrue statement of a material fact or omit to state a material fact which is necessary to make such statements and information therein, in the light of the circumstances under which they were made, not misleading in any material respect; (g) The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request in endeavoring (i) to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate, and (ii) to determine the eligibility of the Bonds for investment under the laws of such states and other jurisdictions, and subject to Section 6 hereof, will use its best efforts to continue such qualification in effect so long as required for distribution of the Bonds; provided, however, that in no event shall the City be required to qualify as a foreign entity in any such state or take any action that would subject it to general, special or unlimited service of process in any jurisdiction in which it is not now so subject; (h) To the best knowledge of the City, the adoption of the City Resolution will not, and the execution and delivery by the City of the Bonds, the Fiscal Agent Agreement, the Continuing Disclosure Agreement, and this Purchase Contract (collectively, the “City Documents”) and compliance with the provisions on the City’s part contained therein will not, in any material respect, conflict with or constitute on the part of the City a breach of or default under any material law, administrative regulation, court order, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party or by which it is bound, which breach or default would have a material adverse effect on the City’s ability to perform its obligations under the City Documents; (i) To the best knowledge of the City, neither the District nor the City is in breach of or in default under any applicable material law or administrative regulation of the State of California or the United States or any applicable material judgment or decree or any material loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party or is otherwise subject, which breach or default would have a material adverse effect on the City’s ability to perform its obligations under the City Documents, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a breach of or a default or an event of default under any such instrument, which breach or default would have a material adverse effect on the City’s ability to perform its obligations under the City Documents; 8.1.c Packet Pg. 255 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 5 (j) To the best knowledge of the City, no other public debt secured by a tax or assessment levied by the City on the land in the District is in the process of being authorized, and, except for the City of Dublin Community Facilities District No. 2017-1 (Dublin Crossing – Public Services), no assessment districts or community facilities district have been or are in the process of being formed by the City that include any portion of the land within the District; (k) The Special Tax constituting the security for the Bonds has been duly and lawfully authorized and may be levied under the Act, the Constitution of the State of California and applicable laws of the State of California, and the Special Tax, when levied, will constitute a valid and legally binding continuing lien on the properties on which it has been levied; (l) The Fiscal Agent Agreement creates a valid pledge of the Special Tax Revenues and the moneys deposited in any fund established pursuant to the Fiscal Agent Agreement, including the investments thereof, subject in all cases to the provisions of the Fiscal Agent Agreement permitting the application thereof for the purposes and on the terms an d conditions set forth therein. Until such time as moneys have been set aside in an amount sufficient to pay all then outstanding Bonds at maturity or to the date of redemption if redeemed prior to maturity, plus unpaid interest thereon to maturity or to the date of redemption if redeemed prior to maturity, and premium, if any, the City will faithfully perform and abide by all of its covenants and undertakings, and the provisions contained in the Fiscal Agent Agreement; (m) The City shall not knowingly take or omit to take any action that, under existing law, may adversely affect the exemption from state income taxation or the exclusion from gross income for federal income tax purposes of the interest on the Bonds; (n) If between the date of this Purchase Contract and up to and including the 25th day following the end of the underwriting period (as such term is defined in Rule 15c2-12) (i) an event occurs, of which the City has knowledge, which might or would cause the information in the Official Statement, as then supplemented or amended, to contain an untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make such information therein, in the light of the circumstances under which it was presented, not misleading, or (ii) if the City is otherwise requested to amend, supplement or otherwise change the Official Statement, the City will notify the Underwriter, and if in the reasonable opinion of the Underwriter such event requires the preparation and publication of a supplement or amendment to the Official Statement, the City will participate in the amendment or supplement in a form and in a manner approved by the Underwriter and counsel to the City, provided all expenses thereby incurred will be paid by the City and provided further that, for purposes of this provision, the end of the underwriting period shall be the Closing Date unless the Underwriter on or prior to the Closing provides written notice to the contrary to the City; and For twenty-five (25) days from the date of the end of the underwriting period (as such term is defined in Rule l5c2-12), (i) the City will not participate in the issuance of any amendment of or supplement to the Official Statement to which, after being furnished with a copy, the Fiscal Agent or the Underwriter shall reasonably object in writing or which shall be disapproved by any of their respective counsel, and (ii) if any event relating to or affecting the City shall occur as a result of which it is necessary, in the opinion of counsel for the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not 8.1.c Packet Pg. 256 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 6 misleading in light of the circumstances existing at the time it is delivered to a purchaser, the City will forthwith cause the preparation of and furnish to the Underwriter (at the expense of the City for twenty-five (25) days from the date of Closing, and thereafter at the expense of the Underwriter) a reasonable number of copies of an amendment of or supplement to the Official Statement (in form and substance satisfactory to counsel for the Underwriter and counsel to the City) which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. For purposes of this subsection, the City will furnish such information with respect to itself as the Underwriter may from time to time reasonably request. The execution and delivery of this Purchase Contract by the City shall constitute a representation by the City to the Underwriter that the representations, warranties and agreements contained in this Section 2 are true as of the date hereof; provided that as to information furnished by the City pursuant to this Purchase Contract or otherwise and in the Preliminary Official Statement and in the Official Statement, the City is relying on such information in making the City’s representations, warranties and agreements; and as to all matters of law, other than federal tax and securities laws, the City is relying on the advice of counsel to the City; and as to matters of federal tax law and securities laws, the City is relying on the advice of Bond Counsel; and provided further that no member of the governing body or officer, employee or agent of the City shall be individually liable for the breach of any representation, warranty or agreement contained herein. 3. Conditions to the Obligations of the Underwriter. The obligation of the Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriter, (i) to the accuracy in all material respects of the representations, warranties and agreements on the part of the City contained herein as of the date hereof and as of the Closing Date, to the accuracy in all material respects of the statements of the officers and other officials of the City made in any certificates or other documents furnished pursuant to the provisions hereof, and to the performance by the City of its obligations to be performed hereunder at or prior to the Closing Date; and (ii) to the following additional conditions: (a) At the time of Closing, the City Documents shall be in full force and effect as valid, binding and enforceable agreements between or among the various parties thereto, and this Purchase Contract and the remainder of the City Documents shall not have been amended, modified or supplemented, except as described herein or as may otherwise have been agreed to in writing by the Underwriter, and there shall have been taken in connection with the issuance of the Bonds and with the transactions contemplated thereby and by this Purchase Contract, all such actions as, in the opinion of Bond Counsel, shall be necessary and appropriate; (b) As of the Closing Date, the Official Statement shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter; 8.1.c Packet Pg. 257 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 7 (c) Between the date hereof and the Closing Date, none of the following shall have occurred: (1) legislation enacted in the Congress or in the legislature of the State of California, or a decision rendered by a court established under Article III of the Constitution of the United States or under the Constitution of the State of California, as the case may be, or by the Tax Court of the United States, or an order, ruling, regulation (final or temporary) or official or staff statement issued or made: (A) by or on behalf of the Treasury Department of the United States or the Internal Revenue Service, or any agency, commission or instrumentality of the State of California, with the purpose or effect, directly or indirectly, of imposing federal income taxation or State of California personal income taxation, respectively, upon the Special Tax Revenues (as defined in the Fiscal Agent Agreement) as would be received by the City or the Fiscal Agent or upon such interest as would be received by the holders of the Bonds or obligations of the general character of the Bonds, or (B) by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds or the Bonds are not exempt from registration under the Securities Act of 1933, as amended (the “Securities Act”), or that the Fiscal Agent Agreement is not exempt from qualification under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), which, in either case, in the reasonable judgment of the Underwriter, would have a material and adverse effect on the market price or marketability, at the initial offering prices set forth in the Official Statement, of the Bonds; (2) the declaration of war or the material outbreak or material escalation of existing military hostilities involving the United States or the occurrence of any other national emergency or calamity relating to the effective operation of the government of or the financial community in the United States, which, in the reasonable judgment of the Underwriter, would have a material and adverse effect on the market price or marketability, at the initial offering prices set forth in the Official Statement, of the Bonds; (3) the declaration of a general banking moratorium by federal, New York or California authorities, or the general suspension of trading on any national securities exchange, which, in the reasonable judgment of the Underwriter, would have a material and adverse effect on the market price or marketability, at the initial offering prices set forth in the Official Statement, of the Bonds; (4) the imposition by the New York Stock Exchange or other national securities exchange, or any governmental authority, of any material restrictions not now in force with respect to the Bonds or obligations of the general character of the Bonds or securities generally, or the material increase of any such restrictions now in force, including those relating to the extension of credit by, or the charge to the net capital requirements of, underwriters; 8.1.c Packet Pg. 258 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 8 (5) an order, decree or injunction of any court of competent jurisdiction, or order, ruling, regulation or official or staff statement by the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including any or all underlying obligations, as contemplated hereby or by the Official Statement, is or would be in violation of the federal securities laws as amended and then in effect; (6) any event occurring, or information becoming known which, in the reasonable judgment of the Underwriter, makes untrue in any material respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of material fact or omits to state a material fact required to be stated therein or necessary to make the statements or information therein, in the light of the circumstances under which they were made, not misleading, and the City refuses to amend or supplement the Official Statement to correct such statements or information; (7) the entry of an order by a court of competent jurisdiction that enjoins or restrains the City from issuing permits, licenses or entitlements within the District or which order, in the reasonable opinion of the Underwriter, otherwise materially and adversely affects proposed development of property within the District; (8) any amendment to the federal or California Constitution or action by any federal or California court, legislative body, regulatory body or other authority materially adversely affecting the tax status of the City or the District, their property, income or securities (or interest thereon), the validity or enforceability of the Special Tax as contemplated by the Fiscal Agent Agreement, the City Documents, or the Official Statement; or (9) any adverse event occurs with respect to the affairs of the City, the District or the Fiscal Agent, which, in the reasonable judgment of the Underwriter, would have a material and adverse effect on the market price or marketability, at the initial offering prices set forth in the Official Statement, of the Bonds. (d) At or prior to the Closing Date, the Underwriter shall have received the following documents, in each case satisfactory in form and substance to the Underwriter: (1) The City Documents, duly executed and delivered by the respective parties thereto, with only such amendments, modifications or supplements as may have been agreed to in writing by the Underwriter; (2) The Official Statement, executed on behalf of the City by its City Manager or another authorized official of the City; (3) An approving opinion of Bond Counsel, dated the Closing Date and addressed to the City, in substantially the form attached to the Official Statement as APPENDIX F, together with a reliance letter addressed to the Underwriter; (4) A supplemental opinion of Bond Counsel, dated the Closing Date and addressed to the Underwriter and the City, to the effect that (i) the City Documents have been 8.1.c Packet Pg. 259 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 9 duly authorized, executed and delivered by the City, and, assuming such agreements constitute a valid and binding obligation of the other respective parties thereto, constitute the legally valid and binding agreements of the City for the District enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, moratorium, insolvency or other laws affecting creditor’s rights or remedies and may be subject to general principles of equity (regardless of whether such enforceability is considered in equity or at law); (ii) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Fiscal Agent Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended; and (iii) the information contained in the Official Statement on the cover and under the captions “INTRODUCTION,” “THE BONDS” (other than information relating to DTC and its Book-Entry Only System), “SECURITY AND SOURCES OF PAYMENT FOR THE BONDS,” “TAX MATTERS” and APPENDICES C and F thereof is accurate, insofar as such information purports to summarize or replicate certain provisions of the Act, the Bonds and the Fiscal Agent Agreement and the exclusion from gross income for federal income tax purposes and exemption from State of California personal income taxes of interest on the Bonds;; (5) An opinion of counsel to the City, dated the Closing Date and addressed to the City and the Underwriter, to the effect that (i) to its current actual knowledge and except as disclosed in the Official Statement, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body is pending with respect to which the City has been served with process or is known to such counsel to be threatened, as to which the City is or would be a party, which would materially adversely affect the ability of the City or the District to perform their obligations under the City Documents, or which seeks to restrain or enjoin the issuance, sale and delivery of the Bonds or exclusion from gross income for federal income tax purposes or State of California personal income taxes of interest on the Bonds, or the application of the proceeds thereof in accordance with the Fiscal Agent Agreement, or the collection or application of the Special Tax to pay the principal of and interest on the Bonds, or which in any way contests or affects the validity or enforceability of the Bonds, the City Documents or the accuracy of the Official Statement, or any action of the City contemplated by any of said documents or the development of property within the District; (ii) the City is duly organized and validly existing as a public entity under the laws of the State of California and the District is duly organized and validly existing as a community facilities district under the laws of the State of California, and the City has full legal right, power and authority to issue the Bonds and to perform all of its obligations under the City Documents; (iii) the City has obtained all approvals, consents, authorizations, elections and orders of or filings or registrations with any California governmental authority, board, agency or commission having jurisdiction that constitute a condition precedent to the levy of the Special Tax, the issuance of the Bonds or the performance by the City of its obligations thereunder or under the Fiscal Agent Agreement, except that no opinion need be expressed regarding compliance with blue sky or other securities laws or regulations; (iv) the City Council has duly and validly adopted the City Documents at meetings of the City Council which were called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting throughout, and the City Documents are now in full force and effect and have not been amended; and (v) the City has duly authorized, executed and delivered the City Documents and has duly authorized the preparation and delivery of the Official Statement; 8.1.c Packet Pg. 260 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 10 (6) An opinion of Jones Hall, A Professional Law Corporation, as Disclosure Counsel, dated the Closing Date and addressed to the City and Underwriter, to the effect that nothing has come to such counsel’s attention that would lead them to believe that the Official Statement, as of its date and as of the Closing Date (but excluding therefrom the appendices thereto, financial statements and statistical data, and information regarding The Depository Trust Company and its book-entry system, as to which no opinion need be expressed), contains an untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (7) An opinion of Rossi A. Russell, Esq., counsel to the Underwriter, dated the Closing Date and addressed to the Underwriter, to the effect that (i) the Bonds are exempt from the registration requirements of the Securities Act of 1933, as amended, and the Fiscal Agent Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended; and (ii) without having undertaken to determine independently the accuracy or completeness of the statements contained in the Official Statement, but on the basis of his participation in conferences with representatives of the City, Bond Counsel, Disclosure Counsel, representatives of the Underwriter, and others, and his examination of certain documents, nothing has come to his attention that has led him to believe that the Official Statement as of its date and as of the Closing Date contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading (except that no opinion or belief need to be expressed as to any information relating to The Depository Trust Company, or any information relating to CUSIP numbers, or with respect to any financial or statistical data or forecasts or estimates or assumptions or any expressions of opinion or appraised or assessed valuations); (8) A certificate of the City Manager, or such other authorized official of the City as is acceptable to the Underwriter, dated the Closing Date, to the effect that: (A) the representations and warranties made by the City herein are true and correct as of the Closing Date with the same effect as if made on the Closing Date; and (B) no event affecting the City has occurred since the date of the Official Statement that either (i) makes untrue or incorrect in any material respect as of the Closing Date any statement or information contained in the Official Statement concerning the City, or (ii) is not reflected in the Official Statement but should be reflected therein in order to make the statements and information therein concerning the City not misleading in any material respect; (9) A certified copy of the City Resolution authorizing the execution and delivery of the Bonds, the Fiscal Agent Agreement, the Official Statement, the Continuing Disclosure Agreement, and this Purchase Contract; (10) A certificate of the City pursuant to Rule 15c2-12 relating to the Preliminary Official Statement, in form and substance satisfactory to the Underwriter; 8.1.c Packet Pg. 261 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 11 (11) A certificate of the Fiscal Agent and an opinion of counsel to the Fiscal Agent, each dated the Closing Date and addressed to the City and the Underwriter, to the effect that the Fiscal Agent has authorized the execution and delivery of the Fiscal Agent Agreement and that the Fiscal Agent Agreement is a valid and binding obligation of the Fiscal Agent enforceable in accordance with its terms; (12) A certificate of Dublin Crossing, LLC, a Delaware limited liability company (“Dublin Crossing” or “Developer”), Brookfield Bay Area Holdings LLC, a Delaware limited liability company (“Brookfield BAH” or “Developer”), and CalAtlantic Group, Inc., a Delaware corporation (“CalAtlantic” or “Developer”), with each certificate dated the date of the Preliminary Official Statement and substantially in the form attached as Exhibits B, C, and D hereto (each a “Developer Certificate”), or as any such certificate may be modified with the approval of the Underwriter, and a closing certificate of each Developer dated the Closing Date to the effect that the representations in its respective Developer Certificate are true and correct as of the Closing Date (except that all references to the Preliminary Official Statement in each Developer Certificate shall be deemed to be references to the final Official Statement); (13) Separate continuing disclosure undertakings executed by each of Brookfield BAH and CalAtlantic in the forms attached as APPENDIX G to the Official Statement (each a “Developer Continuing Disclosure Undertakings”); (14) An opinion letter from counsel to each Developer (which may be in-house counsel), dated the Closing Date and addressed to the City and the Underwriter, substantially to the effect that: (a) [for Brookfield BAH and CalAtlantic only], the Developer is duly formed, validly existing and in good standing under the laws of the state of its formation and has full power and authority to enter into its Developer Continuing Disclosure Undertakings; (b) [for Brookfield BAH and CalAtlantic only], the Developer has duly and validly executed and delivered its Developer Continuing Disclosure Undertakings, and its Developer Continuing Disclosure Undertakings constitutes the legal, valid and binding obligations of such Developer, enforceable against such Developer in accordance with its terms; and (c) [for each Developer with respect to the Developer that it represents], without having undertaken to determine independently the accuracy, completeness or fairness of the statements contained in the Official Statement under the captions [for the Dublin Crossing Opinion] “THE DUBLIN CROSSING PROJECT,” “IMPROVEMENT AREA NO. 1—Formation of the District,” “—Location and Description of the Improvement Area No. 1 and the Immediate Area,” “—Improvement Area No. 1 Ownership,” “—Tract Map Status,” “—The Merchant Builders,” “—Financing Plan – Developer,” and “OWNERSHIP OF PROPERTY WITHIN IMPROVEMENT AREA NO. 1” (other than under the caption “- CalAtlantic); [for the Brookfied BAH opinion] “IMPROVEMENT AREA NO. 1—Improvement Area No. 1 Ownership,” “—The Development Plan - Huntington Neighborhood,” “- Wilshire Neighborhood,” “- Fillmore Neighborhood,” “— Financing Plan – Merchant Builders - Brookfield Merchant Builders Financing Plan,” and “CONTINUING DISCLOSURE – Brookfield BAH”; [for the CalAtlantic opinion] “IMPROVEMENT AREA NO. 1 – Improvement Area No. 1 Ownership,” “—The Development Plan – Madison Neighborhood,” – “Union Neighborhood,” “ – Sunset Neighborhood,” “— Financing Plan – Merchant Builders – CalAtlantic’s Financing Plan,” “OWNERSHIP OF PROPERTY WITHIN IMPROVEMENT AREA NO. 1 – The Developer – CalAtlantic,” and “CONTINUING DISCLOSURE – CalAtlantic” (except that no opinion or belief need be 8.1.c Packet Pg. 262 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 12 expressed as to any information relating to The Depository Trust Company, or any information relating to CUSIP numbers, or with respect to any financial statements and other financial, statistical, economic, demographic or engineering data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, or any information about valuation, appraisals, market absorption, archaeological, or environmental matters, or to any information which is attributable to a source other than the applicable Developer contained in the Official Statement), no facts came to their attention during the course of their representation of the applicable Developer that would lead them to believe that the information under said captions of the Official Statement relating to the applicable Developer and the applicable Developer’s organization and property and its proposed development of the applicable Developer’s property within the District, contains any untrue statement of a material fact or omits any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; (15) A certificate from Seevers Jordan Ziegenmeyer (the “Appraiser”) consenting to the inclusion of their appraisal report (the “Appraisal”) in the Preliminary Official Statement and the final Official Statement and certifying that (i) the information in the Official Statement relating to the Appraisal does not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and (ii) since the date of the Appraisal they are not aware of any facts that would materially affect the conclusions of value set forth therein; (16) One or more certificates dated the Closing Date from Goodwin Consulting Group, Inc. (the “Special Tax Consultant”) addressed to the City and the Underwriter to the effect that [(i) the amount of the Special Taxes that could be levied in each Fiscal Year on all Parcels (as defined in the Rate and Method of Apportionment of Special Tax for the District) of Taxable Property in the District less Administrative Expenses (as defined in the Rate and Method of Apportionment of Special Tax for the District) of 1%, is at least one hundred ten percent (110%) of the total Annual Debt Service for each such Fiscal Year on the Bonds], and (ii) all information supplied by the Special Tax Consultant for use in the Official Statement is true and correct as of the date of the Official Statement and as of the Closing Date; (17) A certificate of Fieldman, Rolapp & Associates, as municipal advisor to the City (the “Municipal Advisor”), dated as of the Closing Date, in form and substance satisfactory to Disclosure Counsel, Bond Counsel and the Underwriter; and (18) Such additional legal opinions, certificates, proceedings, instruments and other documents as the Underwriter or Bond Counsel may reasonably request to evidence compliance by the City with legal requirements, the truth and accuracy, as of the Closing Date, of the representations of the City contained herein, and the due performance or satisfaction by the City at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the City. 8.1.c Packet Pg. 263 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 13 4. Conditions to the Obligations of the City. The obligations of the City to issue and deliver the Bonds on the Closing Date shall be subject, at the option of the City, to the performance by the Underwriter of its obligations to be performed hereunder at or prior to the Closing Date and to the following additional conditions: (a) The Fiscal Agent Agreement, the Continuing Disclosure Agreement, and this Purchase Contract, respectively, shall have been executed by the other parties thereto; and (b) No order, decree, injunction, ruling or regulation of any court, regulatory agency, public board or body shall have been issued, nor shall any legislation have been enacted, with the purpose or effect, directly or indirectly, of prohibiting the offering, sale or issuance of the Bonds as contemplated hereby or by the Official Statement; 5. Expenses. All reasonable expenses, fees and costs of the City incident to the performance of its obligations in connection with the authorization, issuance and sale of the Bonds to the Underwriter, including printing costs of outside printing companies incurred in connection with printing the Bonds and preparing the Official Statement, fees and expenses of consultants, fees and expenses of counsel for the City, if any, fees and expenses of the Fiscal Agent and of the Fiscal Agent’s counsel (if any), fees of DTC, fees and expenses of rating agencies, insurance policy premiums, if any, any out-of-pocket disbursements of the City, and fees and expenses of Bond Counsel, Disclosure Counsel, and Underwriter’s counsel shall be paid by the City. All fees and expenses to be paid by the City pursuant to this Purchase Contract may be paid from Bond proceeds to the extent permitted under federal tax law. All expenses of selling the Bonds, all out-of-pocket expenses of the Underwriter, including travel and other expenses, CUSIP Service Bureau charges, California Debt and Investment Advisory Commission fees, and blue sky fees, if any, shall be paid by the Underwriter. 6. Termination. This Purchase Contract may be terminated by the Underwriter if any of the conditions specified in Section 3 hereof shall not have been fulfilled by the Closing, upon written notice of such termination to the City. This Purchase Contract may be terminated by the City if any of the conditions specified in Section 4 hereof shall not have been fulfilled by the Closing, upon written notice of such termination to the Underwriter. Any notice of termination pursuant to this Section 6 shall be given in the manner provided in Section 7 hereof. If this Purchase Contract shall be terminated as provided in the first paragraph of this Section 6, such termination shall be without liability of the City or the Underwriter, except as to the expenses in Section 5 above. 7. Notices. Any notice or other communication to be given to the City under this Purchase Contract may be given by delivering the same in writing at the address of the City set forth 8.1.c Packet Pg. 264 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) 14 above; any notice or other communication to be given to the Underwriter may be given by delivering the same to Prager & Co., LLC, One Maritime Plaza, Suite 1000, San Francisco, California 94111. 8. Governing Law. The laws of the State of California govern all matters arising out of or relating to this Purchase Contract, including, without limitation, its validity, interpretation, construction, performance, and enforcement. 9. Arms-Length Transaction. The City and the Underwriter acknowledge and agree that (i) the purchase and sale of the Bonds pursuant to this Purchase Contract is an arm’s-length, commercial transaction between the City and the Underwriter in which the Underwriter is acting solely as a principal and is not acting as an agent, advisor or fiduciary of the City, (ii) the Underwriter has not assumed any advisory or fiduciary responsibility to the City with respect to this Purchase Contract, the offering of the Bonds and the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter, or any affiliate of the Underwriter, has provided other services or is currently providing other services to the City on other matters), (iii) the only contractual obligations the Underwriter has to the City with respect to the transactions contemplated hereby are those set forth in this Purchase Contract, (iv) the Underwriter has financial and other interests that differ from those of the City, and (v) the City has consulted with its own legal, accounting, tax, financial and other advisors, as applicable, to the extent they have deemed appropriate. Nothing in the foregoing paragraph is intended to limit the Underwriter’s obligations of fair dealing under MSRB Rule G-17. 10. Miscellaneous. This Purchase Contract is made solely for the benefit of the City and the Underwriter, and no other person shall acquire or have any right hereunder or by virtue hereof except as expressly provided herein. All representations, warranties and agreements of the City in this Purchase Contract shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter and shall survive the delivery of and payment for the Bonds. This Purchase Contract may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same agreement. [The Remainder of this Page is Intentionally Left Blank.] 8.1.c Packet Pg. 265 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Underwriter the enclosed duplicate hereof whereupon it will become a binding agreement among the City and the Underwriter. PRAGER & CO., LLC as Underwriter By: Authorized Officer Accepted and Agreed to: CITY OF DUBLIN, on behalf of the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) By: City Manager 8.1.c Packet Pg. 266 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) A-1 EXHIBIT A Maturity Schedule* $_____________ City of Dublin Improvement Area No. 1 Community Facilities District No. 2015-1 (Dublin Crossing) Special Tax Bonds, Series 2017 MATURITY DATES, PRINCIPAL AMOUNTS, INTEREST RATES AND YIELDS FOR THE BONDS Serial Bonds Maturity Principal Interest (September 1) Amount Rate Yield 2019 $ 2020 2021 2022 2023 2024 2025 2026 2027 $___________ _____% Term Bond due __________, 203_ to Yield _____% $__________ _____% Term Bond due __________, 204_ to Yield _____% ___________________________ * Yield to September 1, 202_ par call. REDEMPTION PROVISIONS FOR THE BONDS (i) Optional Redemption. The Bonds maturing on or after September 1, 20__ are subject to redemption prior to their stated maturities, on any date on and after September 1, 20__, in whole or in part, at a redemption price equal to the principal amount of the Bonds to be redeemed, together with accrued interest thereon to the date fixed for redemption, without premium. (ii) Mandatory Partial Redemption. The Term Bonds maturing on September 1, 20__ are subject to mandatory partial redemption in part by lot, from payments made by the City from the Bond Fund, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the redemption date, without premium, in the aggregate respective principal amounts all as set forth in the following table: Mandatory Partial Redemption Date (September 1) Principal Amount Subject to Redemption 20__ $ 20__ 8.1.c Packet Pg. 267 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) A-2 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ (Maturity) The Term Bonds maturing on September 1, 20__ are subject to mandatory partial redemption in part by lot, from payments made by the City from the Bond Fund, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the redemption date, without premium, in the aggregate respective principal amounts all as set forth in the following table: Mandatory Partial Redemption Date (September 1) Principal Amount Subject to Redemption 20__ $ 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ 20__ (Maturity) Provided, however, if some but not all of the Term Bonds have been redeemed under subsection (i) above or subsection (iii) below, the total amount of all future Mandatory Partial Redemptions shall be reduced by the aggregate principal amount of Term Bonds so redeemed, to be allocated among such Mandatory Partial Redemption Dates on a pro rata basis in integral multiples of $5,000 as determined by the Fiscal Agent, notice of which determination (which shall consist of a revised mandatory partial redemption schedule) shall be given by the City to the Fiscal Agent. (iii) Redemption from Special Tax Prepayments. Special Tax Prepayments and any corresponding transfers from the Reserve Fund pursuant to the Fiscal Agent Agreement shall be used to redeem Bonds on the next Interest Payment Date for which notice of redemption can timely be given under the Fiscal Agent Agreement, among maturities so as to maintain substantially the same debt service profile for the Bonds as in effect prior to such redemption and by lot within a maturity, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest to the date fixed for redemption: Redemption Date Redemption Price Any Interest Payment Date on or before March 1, 20__ 103% 8.1.c Packet Pg. 268 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) A-3 On September 1, 20__ and March 1, 20__ 102% On September 1, 20__ and March 1, 20__ 101% On September 1, 20__ and any Interest Payment Date thereafter 100% 8.1.c Packet Pg. 269 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) B-1 EXHIBIT B CITY OF DUBLIN IMPROVEMENT AREA NO. 1 COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING) SPECIAL TAX BONDS, SERIES 2017 CERTIFICATE OF DUBLIN CROSSING, LLC Dated: ___________ In connection with the issuance and sale of the above-captioned bonds (the “Bonds”), and pursuant to the Purchase Contract (the “Purchase Contract”) to be executed by and between City of Dublin (the “City”), for and on behalf of the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “District”), and Prager & Co., LLC (the “Underwriter”), the undersigned certify that they are familiar with the facts herein certified and are authorized and qualified to certify the same as authorized officers or representatives of Dublin Crossing, LLC, a Delaware limited liability company (the “Developer”), and the undersigned, on behalf of the Developer, further certify, represent, warrant, and covenant to the City, the District and the Underwriter as of the date hereof that: 1. The Developer is duly organized and validly existing under the laws of the State of Delaware, is qualified to transact business in the State of California, and has all requisite right, power, and authority to execute and deliver this Certificate of Dublin Crossing, LLC (the “Certificate”). 2. As set forth in the Preliminary Official Statement, certain property within Improvement Area No. 1 of the District is held in the name of the Developer (herein the “Property”). The Developer makes the representations herein with respect to all such Property. 3. Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned,1 the Developer and its Affiliates2 have not violated any 1 As used in this Certificate, the phrase “Actual Knowledge of the Undersigned” means the knowledge that the individual(s) signing on behalf of the Developer currently has as of the date of this Certificate or has obtained through (i) interviews with such current officers and responsible employees of the Developer and its Affiliates as the undersigned has determined are reasonab ly likely, in the ordinary course of their respective duties, to have knowledge of the matters set forth in this Certificate, and/or (ii) review of documents that were reasonably available to the undersigned and which the undersigned has reasonably deemed necessary for the undersigned to obtain knowledge of the matters set forth in this Certificate. The undersigned has not conducted any extraordinary inspection or inquiry other than such inspections or inquiries as are prudent and customary in connection w ith the ordinary course of the Developer’s current business and operations. Individuals who are no longer employees of the Developer and its Affiliates have not been contacted. 2 “Affiliate” means, with respect to the Developer any other Person (i) who directly, or indirectly through one or more intermediaries, is currently controlling, controlled by or under common control with the Developer, and (ii) for whom information, including financial information or operating data, concerning such Person is material to an evaluation of the District and the Bonds (i.e., information relevant to (a) the Developer’s development plans with respect to its Property and the payme nt of its Special Taxes on the Property (to the extent the responsibility of the Developer) prior to delinquency, or (b) such Person’s assets or funds that would materially affect the Developer’s ability to develop its Property as described in the Preliminary Official Statement or to pay its Special Taxes on the Property (to the extent the responsibility of the Developer) prior to delinquency). Notwithstanding the foregoing, the following entities shall not be considered Affiliates of the Developer: CalAtlantic Group , 8.1.c Packet Pg. 270 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) B-2 applicable law or administrative regulation of the State of California or the United States of America, or any agency or instrumentality of either, which violation could reasonably be expected to materially and adversely affect the Developer’s ability to pay Special Taxes due with respect to the Property (to the extent the responsibility of the Developer) prior to delinquency. 4. Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, (a) the Developer and its Affiliates are not in breach of or in default under any applicable judgment or decree or any loan agreement, option agreement, development agreement, indenture, bond or note (collectively, the “Material Agreements”) to which the Developer or its Affiliates are a party or otherwise subject, which breach or default could reasonably be expected to materially and adversely affect the Developer’s ability to complete the development of the Property as described in the Preliminary Official Statement or to pay the Special Taxes due with respect to the Property (to the extent the responsibility of the Developer) prior to delinquency and (b) no event has occurred and is continuing that with the passage of time or giving of notice, or both, would constitute such a breach or default. 5. Except as described in the Preliminary Official Statement, there is no material indebtedness of the Developer or its Affiliates that is secured by an interest in the Property. To the Actual Knowledge of the Undersigned, neither the Developer nor any of its Affiliates is in default on any obligation to repay borrowed money, which default is reasonably likely to materially and adversely affect the Developer’s ability to complete the development of the Property as described in the Preliminary Official Statement or to pay its Special Taxes due with respect to the Property (to the extent the responsibility of the Developer) prior to delinquency. 6. Except as set forth in the Preliminary Official Statement, no action, suit, proceeding, inquiry or investigation at law or in equity, before or by any court, regulatory agency, public board or body is pending against the Developer (with proper service of process to the Developer having been accomplished) or, to the Actual Knowledge of the Undersigned, is pending against any current Affiliate (with proper service of process to such Affiliate having been accomplished) or, to the Actual Knowledge of the Undersigned, is threatened in writing against the Developer or any such Affiliate which if successful, is reasonably likely to materially and adversely affect the Developer’s ability to complete the development of the Property as described in the Preliminary Official Statement or to pay the Special Tax or ad valorem tax obligations on its Property (to the extent the responsibility of the Developer) prior to delinquency. 7. As of the date thereof, the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, solely with respect to information contained therein with respect to the Developer, its Affiliates, ownership of the Property, the Developer’s development plan, the Developer’s financing plan, the Developer’s lenders, if any, and contractual arrangements of the Developer or any Affiliates as set forth under the captions “THE DUBLIN CROSSING Inc.; Brookfield Bay Area Holdings, LLC; Brookfield Wilshire LLC; or Brookfield Fillmore LLC. “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof. For purposes hereof, the term “control” (including the terms “controlling,” “controlled by” or “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. 8.1.c Packet Pg. 271 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) B-3 PROJECT,” “IMPROVEMENT AREA NO. 1 – Formation of the District,” “—Location and Description of the Improvement Area No. 1 and the Immediate Area,” “—Improvement Area No. 1 Ownership,” “—Tract Map Status,” “—The Merchant Builders,” “—Financing Plan – Developer,” and “OWNERSHIP OF PROPERTY WITHIN IMPROVEMENT AREA NO. 1” (other than under the caption “—CalAtlantic) (but in all cases under all captions excluding therefrom (i) information regarding the Appraisal, market value ratios, and annual special tax ratios), and (ii) information which is identified as having been provided by a source other than the Developer), is true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. 8. The Developer covenants that, while the Bonds or any refunding obligations related thereto are outstanding, the Developer and its Affiliates that it controls will not bring any action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body, that in any way seeks to challenge or overturn the formation of the District, to challenge the adoption of the ordinance of the City levying Special Taxes within the District, to invalidate the District or any of the Bonds or any refunding bonds related thereto, or to invalidate the special tax liens imposed under Section 3115.5 of the Streets and Highways Code. The foregoing covenant shall not prevent the Developer in any way from bringing any action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body, including, without limitation, (a) contending that the Special Tax has not been levied in accordance with the methodologies contained in the Rate and Method of Apportionment of Special Taxes for Improvement Area No. 1 pursuant to which the Special Taxes are levied, (b) with respect to the application or use of the Special Taxes levied and collected, or (c) to enforce the obligations of the City and/or the District under the City Documents, or any other agreements among the Developer and its Affiliates, the City, and/or the District or to which the Developer or its Affiliates is a beneficiary. 9. Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, the Developer is not aware that any other public debt secured by a tax or assessment on the Property exists or is in the process of bein g authorized or any assessment districts or community facilities districts have been or are in the process of being formed that include any portion of the Property. 10. The Developer has been developing or has been involved in the development of numerous projects over an extended period of time. It is likely that the Developer and some of its Affiliates have been delinquent at one time or another in the payment of ad valorem property taxes, special assessments or special taxes. To the Actual Knowledge of the Undersigned, in the last five years, neither the Developer nor any Affiliate has been delinquent to any material extent in the payment of any ad valorem property tax, special assessment or special tax on property owned by the Developer or any current Affiliate during the period of its ownership included within the boundaries of a community facilities district or an assessment district within California that (a) caused a draw on a reserve fund relating to such assessment district or community facilities district financing or (b) resulted in a judicial foreclosure action being commenced against the Developer or any such Affiliate. 8.1.c Packet Pg. 272 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) B-4 11. The Developer consents to the issuance of the Bonds. The Developer acknowledges and agrees that the proceeds of the Bonds will be used as described in the Preliminary Official Statement. 12. The Developer intends to comply with the provision of the Mello-Roos Community Facilities District Act of 1982, as amended, relating to the Notice of Special Tax described in Government Code Section 53341.5 in connection with the sale of the Property, or portions thereof. 13. To the Actual Knowledge of the Undersigned, the Developer is able to pay its bills as they become due and no legal proceedings are pending against the Developer (with proper service of process to the Developer having been accomplished) or, to the Actual Knowledge of the Undersigned, threatened in writing in which the Developer may be adjudicated as bankrupt or discharged from any and all of its debts or obligations, or granted an extension of time to pay its debts or obligations, or be allowed to reorganize or readjust its debts, or be subject to control or supervision of the Federal Deposit Insurance Corporation. 14. To the Actual Knowledge of the Undersigned, Affiliates of the Developer are able to pay their bills as they become due and no legal proceedings are pending against any Affiliates of the Developer (with proper service of process to such Affiliate having been accomplished) or to the Actual Knowledge of the Undersigned, threatened in writing in which the Affiliates of the Developer may be adjudicated as bankrupt or discharged from any or all of their debts or obligations, or granted an extension of time to pay their debts or obligations, or be allowed to reorganize or readjust their debts or obligations, or be subject to control or supervision of the Federal Deposit Insurance Corporation. 15. Based upon its current development plans, including, without limitation, its current budget and subject to economic conditions and risks generally inherent in the development of real property, including, but not limited to, the risks described in the Preliminary Official Statement under the section entitled “SPECIAL RISK FACTORS,” and except as disclosed in the Preliminary Official Statement including in the sections entitled “THE DUBLIN CROSSING PROJECT,” “IMPROVEMENT AREA NO. 1 – Formation of the District,” “— Location and Description of the Improvement Area No. 1 and the Immediate Area,” “— Improvement Area No. 1 Ownership,” “—Tract Map Status,” “—The Merchant Builders,” “— Financing Plan – Developer,” and “OWNERSHIP OF PROPERTY WITHIN IMPROVEMENT AREA NO. 1” (other than under the caption “—CalAtlantic), the Developer anticipates that it will have sufficient funds to complete the development of the Property as described in the Preliminary Official Statement and to pay Special Taxes levied against the Property (to the extent the responsibility of the Developer) prior to delinquency and does not anticipate that the City or the District will be required to resort to a draw on the Reserve Fund for payment of principal of or interest on the Bonds due to the Developer’s nonpayment of Special Taxes. The Developer reserves the right to change its development plan and financing plan for the Property at any time without notice. 16. Solely as to the limited information described in the sections of the Preliminary Official Statement indicated in Paragraph 8 above (and subject to all limitations set forth in Paragraph 8), the Developer agrees to indemnify and hold harmless, to the extent permitted by 8.1.c Packet Pg. 273 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) B-5 law, the City, the District, the Underwriter, and their officials and employees, and each Person, if any, who controls any of the foregoing within the meaning of Section 15 of the Securities Act of 1933, as amended, or of Section 20 of the Securities Exchange Act of 1934, as amended (each an “Indemnified Party”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Party may become subject under any statute or at law or in equity or otherwise and shall reimburse any such Indemnified Party for any reasonable legal or other expense reasonably incurred by it in connection with investigating any such claim against it and defending any such action, only to the extent that such losses, claims, damages, liabilities or actions arise from any untrue statement by the Developer of a materia l fact contained in the above referenced information in the Preliminary Official Statement, as of its date, or the omission by the Developer to state in the Preliminary Official Statement, as of its date, a material fact necessary to make the statements made by the Developer contained therein, in light of the circumstances under which they were made not misleading. This indemnity provision shall not be construed as a limitation on any other liability which the Developer may otherwise have to any Indemnified Party, provided that in no event shall the Developer be obligated for double indemnification, or for the negligence or willful misconduct of an Indemnified Party. If any suit, action, proceeding (including any governmental or regulatory investigation), claim or demand shall be brought or asserted against any Indemnified Party in respect of which indemnification may be sought pursuant to the above paragraph, such Indemnified Party shall promptly notify the Developer in writing; provided that the failure to notify the Developer shall not relieve it from any liability that it may have hereunder except to the extent that it has been materially prejudiced (through the forfeiture of substantive rights or defenses) by such failure; and provided, further, that the failure to notify the Developer shall not relieve it from any liability that it may have to an Indemnified Party otherwise than under the above paragraph. If any such proceeding shall be brought or asserted against an Indemnified Party and it shall have notified the Developer thereof, the Developer shall retain counsel reasonably satisfactory to the Indemnified Party (who shall not, without the consent of the Indemnified Party, be counsel to the Developer) to represent the Indemnified Party in such proceeding and shall pay the fees and expenses of such counsel related to such proceeding, as incurred. In any such proceeding, any Indemnified Party shall have the right to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party unless (i) the Developer and the Indemnified Party shall have mutually agreed to the contrary; (ii) the Developer has failed within a reasonable time to retain counsel reasonably satisfactory to the Indemnified Party; (iii) the Indemnified Party shall have reasonably concluded that there may be legal defenses available to it that are different from or in addition to those available to the Developer; or (iv) the named parties in any such proceeding (including any impleaded parties) include both the Developer and the Indemnified Party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. It is understood and agreed that the Developer shall not, in connection with any proceeding or related proceedings in the same jurisdiction, be liable for the fees and expenses of more than one separate firm (in addition to any local counsel) for all Indemnified Parties, and that all such fees and expenses, to the extent reasonable, shall be paid or reimbursed as they are incurred. Any such separate firm shall be designated in writing by such Indemnified Parties. The Developer shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the Developer agrees to indemnif y each Indemnified Party from and against any loss or liability by reason of such settlement or 8.1.c Packet Pg. 274 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) B-6 judgment. Notwithstanding the foregoing sentence, if at any time an Indemnified Party shall have requested that the Developer reimburse the Indemnified Party for fees and expenses of counsel as contemplated by this paragraph, the Developer shall be liable for any settlement of any proceeding effected without its written consent if (i) such settlement is entered into more than 60 days after receipt by the Developer of such request and (ii) the Developer shall not have reimbursed the Indemnified Party in accordance with such request prior to the date of such settlement (provided that the foregoing shall not be applicable to any failure to reimburse if the Developer is disputing such payment in good faith and shall have paid any amounts not in dispute). The Developer shall not, without the written consent of the Indemnified Party, effect any settlement of any pending or threatened proceeding in respect of which any Indemnified Party is or could have been a party and indemnification could have been sought hereunder by such Indemnified Party, unless such settlement (x) includes an unconditional release of such Indemnified Party, in form and substance reasonably satisfactory to such Indemnified Party, from all liability on claims that are the subject matter of such proceeding and (y) does not include any statement as to or any admission of fault, culpability or a failure to act by or on behalf of any Indemnified Party. 17. If between the date hereof and the Closing Date any event relating to or affecting the Developer, its Affiliates, ownership of the Property, the Developer’s development plan, the Developer’s financing plan, the Developer’s lenders, if any, and contractual arrangements of the Developer or any Affiliates shall occur of which the undersigned has actual knowledge and which the undersigned believes would cause the information under the sections of the Preliminary Official Statement indicated in Paragraph 8 hereof, to contain an untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the undersigned shall notify the City and the Underwriter and if in the opinion of counsel to the City or the Underwriter such event requires the preparation and publication of a supplement or amendment to the Preliminary Official Statement, the Developer shall reasonably cooperate with the City in the preparation of an amendment or supplement to the Preliminary Official Statement in form and substance reasonably satisfactory to counsel to the City and to the Underwriter. 18. For the period through 25 days after the “end of the underwriting period” as defined in the Purchase Contract, if any event relating to or affecting the Developer, its Affiliates, ownership of the Property, the Developer’s development plan, the Developer’s financing plan, the Developer’s lenders, if any, and contractual arrangements of the Developer or any Affiliates (including, if material to the Developer’s development plan or the Developer’s financing plan, other loans of such Affiliates) shall occur as a result of which it is necessary, in the opinion of the Underwriter or counsel to the City, to amend or supplement the Official Statement in order to make the Official Statement not misleading in the light of the circumstances existing at the time it is delivered to a purchaser, the Developer shall reasonably cooperate with the City and the Underwriter in the preparation of an amendment or supplement to the Official Statement in form and substance reasonably satisfactory to the Underwriter and Disclosure Counsel which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. 8.1.c Packet Pg. 275 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) B-7 19. On behalf of the Developer, the undersigned have reviewed the contents of this Certificate and have met with counsel to the Developer for the purpose of discussing the meaning of its contents. The undersigned have executed this Certificate solely in their capacity as authorized representatives of Developer and they will have no personal liability arising from or relating to this Certificate. Any liability arising from or relating to this Certificate may only be asserted against the Developer. DUBLIN CROSSING, LLC, a Delaware limited liability company By: BrookCal Dublin LLC, a Delaware limited liability company Its: Member By: __________________________ Name: ________________________ Title: _________________________ By: __________________________ Name: ________________________ Title: _________________________ By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member By: _______________________ Name: _____________________ Title: ______________________ By: _______________________ Name: _____________________ Title: ______________________ 8.1.c Packet Pg. 276 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) C-1 EXHIBIT C CITY OF DUBLIN IMPROVEMENT AREA NO. 1 COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING) SPECIAL TAX BONDS, SERIES 2017 CERTIFICATE OF BROOKFIELD BAY AREA HOLDINGS LLC Dated: ___________, 2017 In connection with the issuance and sale of the above-captioned bonds (the “Bonds”), and pursuant to the Purchase Contract (the “Purchase Contract”) to be executed by and between City of Dublin (the “City”), for and on behalf of the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “District”), and Prager & Co., LLC (the “Underwriter”), the undersigned certify that they are familiar with the facts herein certified and are authorized and qualified to certify the same as authorized officers or representatives of Brookfield Bay Area Holdings LLC, a Delaware limited liability company (the “Developer”), and the undersigned, on behalf of the Developer, further certify, represent, warrant, and covenant to the City, the District and the Underwriter as of the date hereof that: 1. The Developer is duly organized and validly existing under the laws of the State of Delaware, is qualified to transact business in the State of California, and has all requisite right, power, and authority to execute and deliver this Certificate of Brookfield Bay Area Holdings LLC (the “Certificate”) and the Continuing Disclosure Undertakings to be executed by the Developer (the “Continuing Disclosure Undertakings”). 2. The Developer makes the representations in this Certificate with respect to (i) certain property within Improvement Area No. 1 of the District held in the name of the Developer, as described in the Preliminary Official Statement, and (ii) certain property within Improvement Area No. 1 of the District held in the name of Brookfield Wilshire LLC an d Brookfield Fillmore LLC, as described in the Preliminary Official Statement (the property described in (i) and (ii) shall be collectively referred to herein as the “Property”). Except as otherwise described in the Preliminary Official Statement, each of the Developer, Brookfield Wilshire LLC, and Brookfield Fillmore LLC (collectively, the “Brookfield Entities”) is and, as of the date of this Certificate, expects to remain, the party responsible for the construction and sale of homes within its respective portion of the Property. 3. The Developer has duly authorized the execution and delivery at the Closing of the Continuing Disclosure Undertakings. 8.1.c Packet Pg. 277 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) C-2 4. Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned,1 the Brookfield Entities and their Affiliates2 have not violated any applicable law or administrative regulation of the State of California or the United States of America, or any agency or instrumentality of either, which violation could reasonably be expected to materially and adversely affect the Brookfield Entities’ ability to pay Special Taxes due with respect to their respective portions of the Property (to the extent the responsibility of the Brookfield Entities) prior to delinquency. 5. Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, (a) the Brookfield Entities and their Affiliates are not in breach of or in default under any applicable judgment or decree or any loan agreement, option agreement, development agreement, indenture, bond or note (collectively, the “Material Agreements”) to which the Brookfield Entities and their Affiliates are a party or otherwise subject, which breach or default could reasonably be expected to materially and adversel y affect the Brookfield Entities’ ability to complete the development of their respective portion of the Property as described in the Preliminary Official Statement or to pay the Special Taxes due with respect to their portion of the Property (to the extent the responsibility of the Brookfield Entities) prior to delinquency and (b) no event has occurred and is continuing that with the passage of time or giving of notice, or both, would constitute such a breach or default. 6. Except as described in the Preliminary Official Statement, there is no material indebtedness of the Brookfield Entities and their Affiliates that is secured by an interest in the Property. To the Actual Knowledge of the Undersigned, neither the Brookfield Entities nor any of their Affiliates is in default on any obligation to repay borrowed money, which default is reasonably likely to materially and adversely affect the Brookfield Entities ability to complete the development of their respective portion of the Property as described in the Preliminary 1 As used in this Certificate, the phrase “Actual Knowledge of the Undersigned” means the knowledge that the individual(s) signing on behalf of the Developer currently has as of the date of this Certificate or has obtained through (i) interviews with such current officers and responsible employees of the Brookfield Entities and their Affiliates as the undersigned has determined are reasonably likely, in the ordinary course of their respective duties, to have knowledge of the matters set forth in this Certificate, and/or (ii) review of documents that were reasonably available to the undersigned and which the undersigned has reasonably deemed necessary for the undersigned to obtain knowledge of the matters set forth in this Certificate. The undersigned has not conducted any extraordinary inspection or inquiry other than such inspections or inquiries as are prudent and customary in connection with the ordinary course of the Developer’s current business and operations. Individuals who are no longer employees of the Brookfield Entities and their Affiliates have not been contacted. 2 “Affiliate” means, with respect to the Developer any other Person (i) who directly, or indirectly through one or more intermediaries, is currently controlling, controlled by or under common control with the Developer, and (ii) for whom information, including financial information or operating data, concerning such Person is material to an evaluation of the Di strict and the Bonds (i.e., information relevant to (a) the Developer’s development plans with respect to its Property and the payment of its Special Taxes on the Property (to the extent the responsibility of the Developer) prior to delinquency, or (b) such Perso n’s assets or funds that would materially affect the Developer’s ability to develop its Property as described in the Preliminary Official Statement or to pay its Special Taxes on the Property (to the extent the responsibility of the Developer) prior to delinquenc y). Notwithstanding the foregoing, the following entities shall not be considered Affiliates of the Brookfield Entities: Dublin Crossing, LLC; CalAtlantic Group, Inc.; SPIC Dublin LLC; or Standard Pacific Investment Corp. “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof. For purposes hereof, the term “control” (including the terms “controlling,” “controlled by” or “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. 8.1.c Packet Pg. 278 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) C-3 Official Statement or to pay the Special Taxes due with respect to their portion of the Property (to the extent the responsibility of the Brookfield Entities) prior to delinquency. 7. Except as set forth in the Preliminary Official Statement, no action, suit, proceeding, inquiry or investigation at law or in equity, before or by any court, regulatory agency, public board or body is pending against the Brookfield Entities (with proper service of process to the Brookfield Entities having been accomplished) or, to the Actual Knowledge of the Undersigned, is pending against any current Affiliate (with proper service of process to such Affiliate having been accomplished) or, to the Actual Knowledge of the Undersigned, is threatened in writing against the Brookfield Entities or any such Affiliate which if successful, is reasonably likely to materially and adversely affect the Brookfield Entities’ ability to complete the development of their respective portion of the Property as described in the Prelimi nary Official Statement or to pay the Special Tax or ad valorem tax obligations on their respective portion of the Property (to the extent the responsibility of the Brookfield Entities) prior to delinquency. 8. As of the date thereof, the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, solely with respect to information contained therein with respect to the Brookfield Entities, ownership of the Property, the Brookfield Entities’ development plan, the Brookfield Entities’ financing plan, the Brookfield Entities’ lenders, if any, and contractual arrangements of the Brookfield Entities as set forth under the captions “IMPROVEMENT AREA NO. 1 –Improvement Area No. 1 Ownership,” “—The Development Plan – Huntington Neighborhood,” “-- -- Wilshire Neighborhood,” “-- -- Fillmore Neighborhood,” “—Financing Plan – Merchant Builders – Brookfield Merchant Builders Financing Plan,” and “CONTINUING DISCLOSURE – Brookfield BAH” (but in all cases under all captions excluding therefrom (i) information regarding Dublin Crossing, LLC or CalAtlantic Group, Inc., or their property development in the District, (ii) information regarding the Appraisal, market value ratios, and annual special tax ratios), and (iii) information which is identified as having been provided by a source other than the Developer), is true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. 9. The Developer covenants that, while the Bonds or any refunding obligations related thereto are outstanding, the Developer and its Affiliates that it controls will not bring any action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body, that in any way seeks to challenge or overturn the formation of the District, to challenge the adoption of the ordinance of the City levying Special Taxes within the District, to invalidate the District or any of the Bonds or any refunding bonds related thereto, or to invalidate the special tax liens imposed under Section 3115.5 of the Streets and Highways Code. The foregoing covenant shall not prevent the Developer or any Affiliate (including the Brookfield Entities) prior to delinquency in any way from bringing any action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body, including, without limitation, (a) contending that the Special Tax has not been levied in accordance with the methodologies contained in the Rate and Method of Apportionment of Special Taxes for Improvement Area No. 1 pursuant to which the Special Taxes are levied, (b) with respect to the application or use of the Special Taxes levied and collected, or (c) to enforce 8.1.c Packet Pg. 279 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) C-4 the obligations of the City and/or the District under the City Documents, or any other agreements among the Developer and its Affiliates, the City, and/or the District or to which the Developer or its Affiliates is a beneficiary. 10. Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, the Developer is not aware that any other public debt secured by a tax or assessment on the Property exists or is in the process of being authorized or any assessment districts or community facilities districts have been or are in the process of bein g formed that include any portion of the Property. 11. The Brookfield Entities have been developing or have been involved in the development of numerous projects over an extended period of time. It is likely that the Brookfield Entities and some of their Affiliates have been delinquent at one time or another in the payment of ad valorem property taxes, special assessments or special taxes. To the Actual Knowledge of the Undersigned, in the last five years, neither the Brookfield Entities nor any of their Affiliates have been delinquent to any material extent in the payment of any ad valorem property tax, special assessment or special tax on property owned by the Brookfield Entities or any current Affiliate during the period of their ownership included within the boundaries of a community facilities district or an assessment district within California that (a) caused a draw on a reserve fund relating to such assessment district or community facilities district financing or (b) resulted in a judicial foreclosure action being commenced against the Brookfield Entities or any such Affiliate. 12. The Developer consents to the issuance of the Bonds. The Developer acknowledges and agrees that the proceeds of the Bonds will be used as described in the Preliminary Official Statement. 13. The Developer intends to comply, and expects the Brookfield Entities to comply, with the provision of the Mello-Roos Community Facilities District Act of 1982, as amended, relating to the Notice of Special Tax described in Government Code Section 53341.5 in connection with the sale of the Property, or portions thereof. 14. To the Actual Knowledge of the Undersigned, the Brookfield Entities are able to pay their bills as they become due and no legal proceedings are pending against the B rookfield Entities (with proper service of process to the Brookfield Entities having been accomplished) or, to the Actual Knowledge of the Undersigned, threatened in writing in which the Brookfield Entities may be adjudicated as bankrupt or discharged from any and all of their debts or obligations, or granted an extension of time to pay their debts or obligations, or be allowed to reorganize or readjust their debts, or be subject to control or supervision of the Federal Deposit Insurance Corporation. 15. To the Actual Knowledge of the Undersigned, Affiliates of the Brookfield Entities are able to pay their bills as they become due and no legal proceedings are pending against any Affiliates of the Brookfield Entities (with proper service of process to such Affiliate having been accomplished) or to the Actual Knowledge of the Undersigned, threatened in writing in which the Affiliates of the Brookfield Entities may be adjudicated as bankrupt or discharged from any or all of their debts or obligations, or granted an extension of time to pay their debts or 8.1.c Packet Pg. 280 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) C-5 obligations, or be allowed to reorganize or readjust their debts or obligations, or be subject to control or supervision of the Federal Deposit Insurance Corporation. 16. Based upon its current development plans, including, without limitation, its current budget and subject to economic conditions and risks generally inherent in the development of real property, including, but not limited to, the risks described in the Preliminary Official Statement under the section entitled “SPECIAL RISK FACTORS,” and except as disclosed in the Preliminary Official Statement including in the sections entitled “IMPROVEMENT AREA NO. 1 –Improvement Area No. 1 Ownership,” “—The Development Plan – Huntington Neighborhood,” “-- -- Wilshire Neighborhood,” “-- -- Fillmore Neighborhood,” “—Financing Plan – Merchant Builders – Brookfield Merchant Builders Financing Plan,” and “CONTINUING DISCLOSURE – Brookfield BAH” the Developer anticipates that the Brookfield Entities will have sufficient funds to complete the development of the Property as described in the Preliminary Official Statement and to pay Special Taxes levied against the Property (to the extent the responsibility of the Brookfield Entities) prior to delinquency and does not anticipate that the City or the District will be required to resort to a draw on the Reserve Fund for payment of principal of or interest on the Bonds due to the Brookfield Entities’ nonpayment of Special Taxes. Each of the Brookfield Entities reserves the right to change its respective development plan and financing plan for the Property at any time without notice. 17. Solely as to the limited information described in the sections of the Preliminary Official Statement indicated in Paragraph 8 above (and subject to all limitations set forth in Paragraph 8), the Developer agrees to indemnify and hold harmless, to the extent permitted by law, the City, the District, the Underwriter, and their officials and employees, and each Person, if any, who controls any of the foregoing within the meaning of Section 15 of the Securities Act of 1933, as amended, or of Section 20 of the Securities Exchange Act of 1934, as amended (each an “Indemnified Party”), against any and all losses, claims, damages or liabilities, joint or s everal, to which such Indemnified Party may become subject under any statute or at law or in equity or otherwise and shall reimburse any such Indemnified Party for any reasonable legal or other expense reasonably incurred by it in connection with investigating any such claim against it and defending any such action, only to the extent that such losses, claims, damages, liabilities or actions arise from any untrue statement by the Brookfield Entities of a material fact contained in the above referenced information in the Preliminary Official Statement, as of its date, or the omission by the Brookfield Entities to state in the Preliminary Official Statement, as of its date, a material fact necessary to make the statements made by the Brookfield Entities contained therein, in light of the circumstances under which they were made not misleading. This indemnity provision shall not be construed as a limitation on any other liability which the Developer may otherwise have to any Indemnified Party, provided that in no event shall the Developer be obligated for double indemnification, or for the negligence or willful misconduct of an Indemnified Party. If any suit, action, proceeding (including any governmental or regulatory investigation), claim or demand shall be brought or asserted against any Indemnified Party in respect of which indemnification may be sought pursuant to the above paragraph, such Indemnified Party shall promptly notify the Developer in writing; provided that the failure to notify the Developer shall not relieve it from any liability that it may have hereunder except to the extent that it has been 8.1.c Packet Pg. 281 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) C-6 materially prejudiced (through the forfeiture of substantive rights or defenses) by such failure; and provided, further, that the failure to notify the Developer shall not relieve it from any liability that it may have to an Indemnified Party otherwise than under the above paragraph. If any such proceeding shall be brought or asserted against an Indemnified Party and it shall have notified the Developer thereof, the Developer shall retain counsel reasonably satisfactory to the Indemnified Party (who shall not, without the consent of the Indemnified Party, be counsel to the Developer) to represent the Indemnified Party in such proceeding and shall pay the fee s and expenses of such counsel related to such proceeding, as incurred. In any such proceeding, any Indemnified Party shall have the right to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party unless (i) the Developer and the Indemnified Party shall have mutually agreed to the contrary; (ii) the Developer has failed within a reasonable time to retain counsel reasonably satisfactory to the Indemnified Party; (iii) the Indemnified Party shall have reasonably concluded that there may be legal defenses available to it that are different from or in addition to those available to the Developer; or (iv) the named parties in any such proceeding (including any impleaded parties) include both the Developer and the Indemnified Party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. It is understood and agreed that the Developer shall not, in connection with any proceeding or related proceedings in the same jurisdiction, be liable for the fees and expenses of more than one separate firm (in addition to any local counsel) for all Indemnified Parties, and that all such fees and expenses, to the extent reasonable, shall be paid or reimbursed as they are incurred. Any such separate firm shall be designated in writing by such Indemnified Parties. The Developer shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the Developer agrees to indemnify each Indemnified Party from and against any loss or liability by reason of such settlement or judgment. Notwithstanding the foregoing sentence, if at any time an Indemnified Party shall have requested that the Developer reimburse the Indemnified Party for fees and expenses of counsel as contemplated by this paragraph, the Developer shall be liable for any settlement of any proceeding effected without its written consent if (i) such settlement is entered into more than 60 days after receipt by the Developer of such request and (ii) the Developer shall not have reimbursed the Indemnified Party in accordance with such request prior to the date of such settlement (provided that the foregoing shall not be applicable to any failure to reimburse if the Developer is disputing such payment in good faith and shall have paid any amounts not in dispute). The Developer shall not, without the written consent of the Indemnified Party, effect any settlement of any pending or threatened proceeding in respect of which any Indemnified Party is or could have been a party and indemnification could have been sought hereunder by such Indemnified Party, unless such settlement (x) includes an unconditional release of such Indemnified Party, in form and substance reasonably satisfactory to such Indemnified Party, from all liability on claims that are the subject matter of such proceeding and (y) does not include any statement as to or any admission of fault, culpability or a failure to act by or on behalf of any Indemnified Party. 18. If between the date hereof and the Closing Date any event relating to or affecting Brookfield Entities, ownership of the Property, the Brookfield Entities’ development plan, the Brookfield Entities’ financing plan, the Brookfield Entities’ lenders, if any, and contractual arrangements of the Brookfield Entities shall occur of which the undersigned has actual knowledge and which the undersigned believes would cause the information under the sections 8.1.c Packet Pg. 282 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) C-7 of the Preliminary Official Statement indicated in Paragraph 8 hereof, to contain an untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the undersigned shall notify the City and the Underwriter and if in the opinion of counsel to the City or the Underwriter such event requires the preparation and publication of a supplement or amendment to the Preliminary Official Statement, the Developer shall reasonably cooperate with the City in the preparation of an amendment or supplement to the Preliminary Official Statement in form and substance reasonably satisfactory to counsel to the City and to the Underwriter. 19. For the period through 25 days after the “end of the underwriting period” as defined in the Purchase Contract, if any event relating to or affecting the Developer, its Affiliates, ownership of the Property, the Developer’s development plan, the Developer’s financing plan, the Developer’s lenders, if any, and contractual arrangements of the Developer or any Affiliates (including, if material to the Developer’s development plan or the Developer’s financing plan, other loans of such Affiliates) shall occur as a result of which it is necessary, in the opinion of the Underwriter or counsel to the City, to amend or supplement the Official Statement in order to make the Official Statement not misleading in the light of the circumstances existing at the time it is delivered to a purchaser, the Developer shall reasonably cooperate with the City and the Underwriter in the preparation of an amendment or supplement to the Official Statement in form and substance reasonably satisfactory to the Underwriter and Disclosure Counsel which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. 20. On behalf of the Developer, the undersigned have reviewed the contents of this Certificate and have met with counsel to the Developer for the purpose of discussing the meaning of its contents. The undersigned have executed this Certificate solely in their capacity as authorized representatives of Developer and they will have no personal liability arising from or relating to this Certificate. Any liability arising from or relating to this Certificate may only be asserted against the Developer. BROOKFIELD BAY AREA HOLDINGS, LLC, A Delaware limited liability company By: __________________________________ Name: __________________________________ Title: ___________________________________ By: ____________________________________ Name: __________________________________ Title: ___________________________________ 8.1.c Packet Pg. 283 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) D-1 EXHIBIT D CITY OF DUBLIN IMPROVEMENT AREA NO. 1 COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING) SPECIAL TAX BONDS, SERIES 2017 CERTIFICATE OF CALATLANTIC GROUP, INC. Dated: ___________, 2017 In connection with the issuance and sale of the above-captioned bonds (the “Bonds”), and pursuant to the Purchase Contract (the “Purchase Contract”) to be executed by and between City of Dublin (the “City”), for and on behalf of the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “District”), and Prager &Co., LLC (the “Underwriter”), the undersigned certifies that he or she is familiar with the facts herein certified and is authorized and qualified to certify the same as an authorized officer or representative of CalAtlantic Group, Inc., a Delaware corporation (the “Developer”), and the undersigned, on behalf of the Developer, further certifies, represents, warrants, and covenants to the City, the District and the Underwriter as of the date hereof that: 1. The Developer is duly organized and validly existing under the laws of the State of Delaware, is qualified to transact business in the State of California, and has all requisite right, power, and authority: (i) to execute and deliver this Certificate of CalAtlantic Group, Inc. (the “Certificate”) and the Continuing Disclosure Undertakings to be executed by the Developer (the “Continuing Disclosure Undertakings”). 2. The Developer makes the representations in this Certificate with respect to certain property within Improvement Area No. 1 of the District held in the name of the Developer, as described in the Preliminary Official Statement (the “Property”). Except as otherwise described in the Preliminary Official Statement, the Developer is and, as of the date of this Certificate, expects to remain, the party responsible for the construction and sales of homes within the Property. 3. The Developer has duly authorized the execution and delivery at the Closing of the Continuing Disclosure Undertakings. 4. Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned,1 the Developer and its Affiliates2 have not violated any 1 As used in this Certificate, the phrase “Actual Knowledge of the Undersigned” means the knowledge that the individual signing on behalf of the Developer currently has as of the date of this Certificate or has obtained through (i) interviews wi th such current officers and responsible employees of the Developer and its Affiliates as the undersigned has determined are reasonably likely, in the ordinary course of their respective duties, to have knowledge of the matters set forth in this Certificate, an d/or (ii) review of documents that were reasonably available to the undersigned and which the undersigned has reasonably deemed necessary for the undersigned to obtain knowledge of the matters set forth in this Certificate. The undersigned has not conducted any extraordinary inspection or inquiry other than such inspections or inquiries as are prudent and customary in connection wit h the ordinary course of the Developer’s current business and operations. Individuals who are no longer employees of the Developer and its Affiliates have not been contacted. The Developer further notes that it recently completed a merger with The 8.1.c Packet Pg. 284 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) D-2 applicable law or administrative regulation of the State of California or the United States of America, or any agency or instrumentality of either, which violation could reasonably be expected to materially and adversely affect the Developer’s ability to pay Special Taxes due with respect to the Property (to the extent the responsibility of the Developer) prior to delinquency. 5. Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, (a) the Developer and its Affiliates are not in breach of or in default under any applicable judgment or decree or any loan agreement, option agreement, development agreement, indenture, bond or note (collectively, the “Material Agreements”) to which the Developer and its Affiliates are a party or otherwise subject, which breach or default could reasonably be expected to materially and adversely affect the Developer’s ability to complete the development of the Property as described in the Preliminary Official Statement or to pay the Special Taxes due with respect to the Property (to the extent the responsibility of the Developer) prior to delinquency and (b) no event has occurred and is continuing that with the passage of time or giving of notice, or both, would constitute such a breach or default. 6. Except as described in the Preliminary Official Statement, there is no material indebtedness of the Developer and its Affiliates that is secured by an interest in the Property. To the Actual Knowledge of the Undersigned, neither the Developer nor any of its Affiliates is in default on any obligation to repay borrowed money, which default is reasonably likely to materially and adversely affect the Developer’s ability to complete the development of the Property as described in the Preliminary Official Statement or to pay its Special Taxes due with respect to the Property (to the extent the responsibility of the Developer) prior to delinquency. 7. Except as set forth in the Preliminary Official Statement, no action, suit, proceeding, inquiry or investigation at law or in equity, before or by any court, regulatory agency, public board or body is pending against the Developer (with proper servic e of process to the Developer having been accomplished) or, to the Actual Knowledge of the Undersigned, is pending against any current Affiliate (with proper service of process to such Affiliate having been accomplished) or to the Actual Knowledge of the Undersigned is th reatened in writing Ryland Group, Inc., a Maryland corporation (“Ryland Group”), pursuant to which Ryland Group merged with and into the Developer, with the Developer being the surviving entity. Individuals who were employees and officers of Ryland Group and its subsidiaries prior to the merger have not been consulted or contacted and documents entered into by Ryland Group and its subsidiaries or related to their properties and projects have not been reviewed. 2 “Affiliate” means, with respect to the Developer any other Person (i) who directly, or indirectly through one or more intermediaries, is currently controlling, controlled by or under common control with the Developer, and (ii) for whom information, including financial information or operating data, concerning such Person is material to an evaluation of the Di strict and the Bonds (i.e., information relevant to (a) the Developer’s development plans with re spect to its Property and the payment of its Special Taxes on the Property (to the extent the responsibility of the Developer) prior to delinquency, or (b) such Perso n’s assets or funds that would materially affect the Developer’s ability to develop its Property as described in the Preliminary Official Statement or to pay its Special Taxes on the Property (to the extent the responsibility of the Developer) prior to delinquenc y). Notwithstanding the foregoing, the following entities shall not be considered Affiliates of the Developer: Dublin Crossing, LLC; Brookfield Bay Area Holdings, LLC; Brookfield Wilshire LLC; or Brookfield Fillmore LLC. “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a joint sto ck company, a trust, any unincorporated organization or a government or political subdivision thereof. For purposes hereof, the term “control” (including the terms “controlling,” “controlled by” or “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. For purposes hereof, Affiliates shall exclude MP CA Homes, LLC and its Affiliates (other than the Developer and its direct or indirect subsidiaries). 8.1.c Packet Pg. 285 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) D-3 against the Developer or any such Affiliate which if successful, is reasonably likely to materially and adversely affect the Developer’s ability to complete the development of the Property as described in the Preliminary Official Statement or to pay the Special Tax or ad valorem tax obligations on the Property (to the extent the responsibility of the Developer) prior to delinquency. 8. As of the date thereof, the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, solely with respect to information contained therein with respect to the Developer, ownership of the Property, the Developer’s development plan, the Developer’s financing plan, the Developer’s lenders, if any, and contractual arrangements of the Developer as set forth under the captions “IMPROVEMENT AREA NO. 1 –Improvement Area No. 1 Ownership,” “—The Development Plan – Madison Neighborhood,” “-- -- Union Neighborhood,” “-- -- Sunset Neighborhood,” “—Financing Plan – Merchant Builders – CalAtlantic’s Financing Plan,” “OWNERSHIP OF PROPERTY WITHIN IMPROVEMENT AREA NO. 1 – The Developer -- CalAtlantic,” and “CONTINUING DISCLOSURE – CalAtlantic” (but in all cases under all captions excluding therefrom (i) information about Dublin Crossing, LLC; Brookfield Bay Area Holdings, LLC; Brookfield Wilshire LLC; Brookfield Fillmore LLC, or their property development in the District, (ii) information regarding the Appraisal, market value ratios, and annual special tax ratios), and (iii) information which is identified as having been provided by a source other than the Developer), is true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. 9. The Developer covenants that, while the Bonds or any refunding obligations related thereto are outstanding, the Developer and its Affiliates that it controls will not bring any action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body, that in any way seeks to challenge or overturn the formation of the District, to challenge the adoption of the ordinance of the City levying Special Taxes within the District, to invalidate the District or any of the Bonds or any refunding bonds related thereto, or to invalidate the special tax liens imposed under Section 3115.5 of the Streets and Highways Code. The foregoing covenant shall not prevent the Developer or any Affiliate in any way from bringing any action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or bod y, including, without limitation, (a) contending that the Special Tax has not been levied in accordance with the methodologies contained in the Rate and Method of Apportionment of Special Taxes for Improvement Area No. 1 pursuant to which the Special Taxes are levied, (b) with respect to the application or use of the Special Taxes levied and collected, or (c) to enforce the obligations of the City and/or the District under the City Documents, or any other agreements among the Developer and its Affiliates, t he City, and/or the District or to which the Developer or its Affiliates is a beneficiary. 10. Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, the Developer is not aware that any other public debt secured by a tax or assessment on the Property exists or is in the process of being authorized or any assessment districts or community facilities districts have been or are in the process of being formed that include any portion of the Property. 8.1.c Packet Pg. 286 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) D-4 11. The Developer has been developing or has been involved in the development of numerous projects over an extended period of time. It is likely that the Developer and some of its Affiliates have been delinquent at one time or another in the payment of ad valorem prop erty taxes, special assessments or special taxes. To the Actual Knowledge of the Undersigned, in the last five years, neither the Developer nor any of its Affiliates have been delinquent to any material extent in the payment of any ad valorem property tax, special assessment or special tax on property owned by the Developer or any current Affiliate during the period of their ownership included within the boundaries of a community facilities district or an assessment district within California that (a) caused a draw on a reserve fund relating to such assessment district or community facilities district financing or (b) resulted in a judicial foreclosure action being commenced against the Developer or any such Affiliate. 12. The Developer consents to the issuance of the Bonds. The Developer acknowledges and agrees that the proceeds of the Bonds will be used as described in the Preliminary Official Statement. 13. The Developer intends to comply with the provision of the Mello-Roos Community Facilities District Act of 1982, as amended, relating to the Notice of Special Tax described in Government Code Section 53341.5 in connection with the sale of the Property, or portions thereof. 14. To the Actual Knowledge of the Undersigned, the Developer is able to pay its bills as they become due and no legal proceedings are pending against the Developer (with proper service of process to the Developer having been accomplished) or, to the Actual Knowledge of the Undersigned, threatened in writing in which the Developer may be adjudicated as bankrupt or discharged from any and all of their debts or obligations, or granted an extension of time to pay their debts or obligations, or be allowed to reorganize or readjust their debts, or be subject to control or supervision of the Federal Deposit Insurance Corporation. 15. To the Actual Knowledge of the Undersigned, Affiliates of the Developer are able to pay their bills as they become due and no legal proceedings are pending against any Affiliates of the Developer (with proper service of process to such Affiliate having been accomplished) or to the Actual Knowledge of the Undersigned, threatened in writing in which the Affiliates of the Developer may be adjudicated as bankrupt or discharged from any or all of their debts or obligations, or granted an extension of time to pay their debts or obligations, or be allowed to reorganize or readjust their debts or obligations, or be subject to control or supervision of the Federal Deposit Insurance Corporation. 16. Based upon its current development plans, including, without limitation, its current budget and subject to economic conditions and risks generally inherent in the development of real property, including, but not limited to, the risks described in the Preliminary Official Statement under the section entitled “SPECIAL RISK FACTORS,” and except as disclosed in the Preliminary Official Statement including in the sections entitled “IMPROVEMENT AREA NO. 1 –Improvement Area No. 1 Ownership,” “—The Development Plan – Madison Neighborhood,” “-- -- Union Neighborhood,” “-- -- Sunset Neighborhood,” “— Financing Plan – Merchant Builders – CalAtlantic’s Financing Plan,” “OWNERSHIP OF PROPERTY WITHIN IMPROVEMENT AREA NO. 1 – The Developer -- CalAtlantic,” and 8.1.c Packet Pg. 287 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) D-5 “CONTINUING DISCLOSURE – CalAtlantic,” the Developer anticipates that the Developer will have sufficient funds to complete the development of the Property as described in the Preliminary Official Statement and to pay Special Taxes levied against the Property (to the extent the responsibility of the Developer) prior to delinquency and does not anticipate that the City or the District will be required to resort to a draw on the Reserve Fund for payment of principal of or interest on the Bonds due to the Developer’s nonpayment of Special Taxes. The Developer reserves the right to change its development plan and financing plan for the Property at any time without notice. 17. Solely as to the limited information described in the sections of the Preliminary Official Statement indicated in Paragraph 8 above (and subject to all limitations set forth in Paragraph 8), the Developer agrees to indemnify and hold harmless, to the extent permitted by law, the City, the District, the Underwriter, and their officials and employees, and each Person, if any, who controls any of the foregoing within the meaning of Section 15 of the Securities Act of 1933, as amended, or of Section 20 of the Securities Exchange Act of 1934, as amended (each an “Indemnified Party”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Party may become subject under any statute or at law or in equity or otherwise and shall reimburse any such Indemnified Party for any reasonable legal or other expense reasonably incurred by it in connection with investigating any such claim against it and defending any such action, only to the extent that such losses, claims, damages, liabilities or actions arise from any untrue statement by the Developer of a material fact contained in the above referenced information in the Preliminary Official Statement, as of its date, or the omission by the Developer to state in the Preliminary Official Statement, as of its date, a material fact necessary to make the statements made by the Developer contained therein, in light of the circumstances under which they were made not misleading. This indemnity provision shall not be construed as a limitation on any other liability which the Developer may otherwise have to any Indemnified Party, provided that in no event shall the Developer be obligated for double indemnification, or for the negligence or willful misconduct of an Indemnified Party. If any suit, action, proceeding (including any governmental or regulatory investigation), claim or demand shall be brought or asserted against any Indemnified Party in respect of which indemnification may be sought pursuant to the above paragraph, such Indemnified Party shall promptly notify the Developer in writing; provided that the failure to notify the Developer shall not relieve it from any liability that it may have hereunder except to the extent that it has been materially prejudiced (through the forfeiture of substantive rights or defenses) by such failure; and provided, further, that the failure to notify the Developer shall not relieve it from any liability that it may have to an Indemnified Party otherwise than under the above paragraph. If any such proceeding shall be brought or asserted against an Indemnified Party and it shall have notified the Developer thereof, the Developer shall retain counsel reasonably satisfactory to the Indemnified Party (who shall not, without the consent of the Indemnified Party, be counsel to the Developer) to represent the Indemnified Party in such proceeding and shall pay the fees and expenses of such counsel related to such proceeding, as incurred. In any such proceeding, any Indemnified Party shall have the right to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party unless (i) the Developer and the Indemnified Party shall have mutually agreed to the contrary; (ii) the Developer has failed within a reasonable time to retain counsel reasonably satisfactory to the Indemnified Party; (iii) the Indemnified Party shall have reasonably concluded that there may be legal defenses available to 8.1.c Packet Pg. 288 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) D-6 it that are different from or in addition to those available to the Developer; or (iv) the named parties in any such proceeding (including any impleaded parties) include both the Developer and the Indemnified Party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. It is understood and agreed that the Developer shall not, in connection with any proceeding or related proceedings in the same jurisdiction, be liable for the fees and expenses of more than one separate firm (in addition to any local counsel) for all Indemnified Parties, and that all such fees and expenses, to the extent reasonable, shall be paid or reimbursed as they are incurred. Any such separate firm shall be designated in writing by such Indemnified Parties. The Develope r shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the Developer agrees to indemnify each Indemnified Party from and against any loss or liability by reason of such settlement or judgment. Notwithstanding the foregoing sentence, if at any time an Indemnified Party shall have requested that the Developer reimburse the Indemnified Party for fees and expenses of counsel as contemplated by this paragraph, the Developer shall be liable for any settlement of any proceeding effected without its written consent if (i) such settlement is entered into more than 60 days after receipt by the Developer of such request and (ii) the Developer shall not have reimbursed the Indemnified Party in accordance with such request prior to the date of such settlement (provided that the foregoing shall not be applicable to any failure to reimburse if the Developer is disputing such payment in good faith and shall have paid any amounts not in dispute). The Developer shall not, without the written consent of the Indemnified Party, effect any settlement of any pending or threatened proceeding in respect of which any Indemnified Party is or could have been a party and indemnification could have been sought hereunder by such Indemnified Party, unless such settlement (x) includes an unconditional release of such Indemnified Party, in form and substance reasonably satisfactory to such Indemnified Party, from all liability on claims that are the subject matter of such proceeding and (y) does not include any statement as to or any admission of fault, culpability or a failure to act by or on behalf of any Indemnified Party. 18. If between the date hereof and the Closing Date any event relating to or affecting Developer, ownership of the Property, the Developer’s development plan, the Developer’s financing plan, the Developer’s lenders, if any, and contractual arrangements of the Developer shall occur of which the undersigned has actual knowledge and which the undersigned believes would cause the information under the sections of the Preliminary Official Statement indicated in Paragraph 8 hereof, to contain an untrue statement of a material fact or to omit to state a mat erial fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the undersigned shall notify the City and the Underwriter and if in the opinion of counsel to the City or the Underwriter such event requires the preparation and publication of a supplement or amendment to the Preliminary Official Statement, the Developer shall reasonably cooperate with the City in the preparation of an amendment or supplement to the Preliminary Official Statement in form and substance reasonably satisfactory to counsel to the City and to the Underwriter. 19. For the period through 25 days after the “end of the underwriting period” as defined in the Purchase Contract, if any event relating to or affecting the Developer, its Affiliates, ownership of the Property, the Developer’s development plan, the Developer’s financing plan, the Developer’s lenders, if any, and contractual arrangements of the Developer or 8.1.c Packet Pg. 289 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) D-7 any Affiliates (including, if material to the Developer’s development plan or the Developer’s financing plan, other loans of such Affiliates) shall occur as a result of which it is necessary, in the opinion of the Underwriter or counsel to the City, to amend or supplement the Official Statement in order to make the Official Statement not misleading in the light of the circumstances existing at the time it is delivered to a purchaser, the Developer shall reasonably cooperate with the City and the Underwriter in the preparation of an amendment or supplement to the Official Statement in form and substance reasonably satisfactory to the Underwriter and Disclosure Counsel which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. 20. On behalf of the Developer, the undersigned has reviewed the contents of this Certificate and has met with counsel to the Developer for the purpose of discussing the meaning of its contents. The undersigned has executed this Certificate solely in its capacity as authorized officer or representative of Developer and the undersigned will have no personal liability arising from or relating to this Certificate. Any liability arising from or relating to this Certificate may only be asserted against the Developer. CALATLANTIC GROUP, INC., A Delaware corporation By: Name: __________________________________ Title: ___________________________________ 8.1.c Packet Pg. 290 At t a c h m e n t : 3 . P u r c h a s e C o n t r a c t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f S p e c i a l T a x B o n d s f o r C F D I m p r o v e m e n t A r e a N o . 1 ) Jones  Hall  Draft  7.10.17  [Agenda  Version]     PRELIMINARY  OFFICIAL  STATEMENT  DATED  __________________,  2017     NEW  ISSUE-­FULL  BOOK  ENTRY  NOT  RATED     [Tax  Language  to  come]     $_____________*   CITY  OF  DUBLIN   IMPROVEMENT  AREA  NO.  1   COMMUNITY  FACILITIES  DISTRICT  NO.  2015-­1   (DUBLIN  CROSSING)   SPECIAL  TAX  BONDS,  SERIES  2017       Dated:    Date  of  Delivery  Due:    September  1,  as  shown  below     The  bonds  captioned  above  (the  “Bonds”),  are  being  issued  by  the  City  of  Dublin  (the  “City”)  by  and  through  its  Improvement  Area   No.  1  Community  Facilities  District  No.  2015-­1  (Dublin  Crossing)  (the  “District”  and  “Improvement  Area  No.  1”).    The  Bonds  are  special  tax   obligations  of  the  City,  authorized  pursuant  to  the  Mello-­Roos  Community  Facilities  Act  of  1982,  as  amended,  being  California  Government   Code  Section  53311,  et  seq.  (the  “Act”),  and  are  issued  pursuant  to  a  Fiscal  Agent  Agreement  dated  as  of  ____________  1,  2017  (the   “Fiscal  Agent  Agreement”)  by  and  between  the  City  and  U.S.  Bank  National  Association,  as  fiscal  agent  (the  “Fiscal  Agent”).    The  Bonds   are  issued  to  (i)  construct  and  acquire  certain  public  facilities  and/or  reimburse  the  payment  of  fees  for  capital  improvements,  (ii)  provide  for   the  establishment  of  a  reserve  fund,  [(iii)  provide  capitalized  interest,]  and  (iv)  pay  the  costs  of  issuance  of  the  Bonds.    Interest  on  the  Bonds   is  payable  on  _____  1,  20__,  and  thereafter  semiannually  on  March  1  and  September  1  of  each  year.     The  Bonds  are  being  issued  as  fully  registered  bonds,  registered  in  the  name  of  Cede  &  Co.  as  nominee  of  The  Depository  Trust   Company,  New  York,  New  York  (“DTC”),  and  will  be  available  to  ultimate  purchasers  in  the  denomination  of  $5,000  or  any  integral  multiple   thereof,  under  the  book-­entry  system  maintained  by  DTC.    See  “APPENDIX  H  –  BOOK-­ENTRY  SYSTEM.”     The  Bonds  are  secured  by  and  payable  from  a  pledge  of  Special  Tax  Revenues  (as  defined  herein)  consisting  primarily  of  special   taxes  to  be  levied  by  the  City  on  real  property  within  the  boundaries  of  Improvement  Area  No.  1,  and  from  amounts  held  in  certain  funds   under  the  Fiscal  Agent  Agreement,  all  as  more  fully  described  herein.    Unpaid  Special  Taxes  do  not  constitute  a  personal  indebtedness   of  the  owners  of  the  parcels  within  Improvement  Area  No.  1.    In  the  event  of  delinquency,  proceedings  may  be  conducted  only   against  the  parcel  of  real  property  securing  the  delinquent  Special  Tax.    There  is  no  assurance  the  owners  will  be  able  to  pay  the   Special  Tax  or  that  they  will  pay  a  Special  Tax  even  though  financially  able  to  do  so.    To  provide  funds  for  payment  of  the  Bonds  and   the  interest  thereon  as  a  result  of  any  delinquent  Special  Taxes,  the  City  will  establish  a  Reserve  Fund  from  proceeds  of  the  Bonds,  as   described  herein.    See  “SECURITY  AND  SOURCES  OF  PAYMENT  FOR  THE  BONDS.”     Property  in  Improvement  Area  No.  1  within  the  District  comprises  approximately  28  taxable  acres  northeast  of  the  center  of  the  City   currently  planned  for  453  single  family  units  subject  to  the  Special  Tax.    All  of  the  property  in  Improvement  Area  No.  1  is  currently  owned  by   five  entities.    The  Bonds  are  only  secured  by  parcels  in  Improvement  Area  No.  1.    See  “IMPROVEMENT  AREA  NO.  1.”     The  Bonds  are  subject  to  optional  and  mandatory  redemption  prior  to  maturity  as  described  herein.    See  “THE  BONDS  —  Redemption.”     NEITHER  THE  FAITH  AND  CREDIT  NOR  THE  TAXING  POWER  OF  THE  CITY,  THE  COUNTY  OF  ALAMEDA,  THE  STATE  OF   CALIFORNIA  NOR  ANY  POLITICAL  SUBDIVISION  THEREOF  IS  PLEDGED  TO  THE  PAYMENT  OF  THE  BONDS.    THE  BONDS  DO   NOT  CONSTITUTE  A  DEBT  OF  THE  CITY  WITHIN  THE  MEANING  OF  ANY  STATUTORY  OR  CONSTITUTIONAL  DEBT  LIMITATION.     THE  INFORMATION  SET  FORTH  IN  THIS  OFFICIAL  STATEMENT,  INCLUDING  INFORMATION  UNDER  THE  HEADING  “SPECIAL   RISK  FACTORS,”  SHOULD  BE  READ  IN  ITS  ENTIRETY.     This  cover  page  contains  certain  information  for  general  reference  only.    It  is  not  a  summary  of  all  of  the  provisions  of  the  Bonds.     Prospective  investors  must  read  the  entire  Official  Statement  to  obtain  information  essential  to  the  making  of  an  informed  investment   decision.    See  “SPECIAL  RISK  FACTORS”  herein  for  a  discussion  of  the  special  risk  factors  that  should  be  considered,  in  addition  to  the   other  matters  and  risk  factors  set  forth  herein,  in  evaluating  the  investment  quality  of  the  Bonds.     [Prager  logo]     The  Bonds  are  offered  when,  as  and  if  issued,  subject  to  approval  as  to  their  legality  by  _______,  ______________,  Bond   Counsel.    Certain  legal  matters  will  be  passed  on  by  Jones  Hall,  a  Professional  Law  Corporation,  San  Francisco,  California,  as  Disclosure   Counsel.    Certain  legal  matters  will  be  passed  upon  for  the  City  by  Meyers  Nave  Riback  Silver  &  Wilson,  PLC,  as  the  City  Attorney.  Rossi   A.  Russell,  Esq.,  Los  Angeles,  California  is  serving  as  Underwriter’s  counsel,  and  Holland  &  Knight  LLP,  San  Francisco,  California,  is   serving  as  counsel  to  Dublin  Crossing,  LLC.    It  is  anticipated  that  the  Bonds,  in  book-­entry  form,  will  be  available  for  delivery  through  the   facilities  of  DTC  on  or  about_________,  2017.     The  date  of  this  Official  Statement  is  _______,  2017.           *  Preliminary,  subject  to  change.     Th i s   P r e l i m i n a r y   O f f i c i a l   S t a t e m e n t   a n d   t h e   i n f o r m a t i o n   c o n t a i n e d   h e r e i n   a r e   s u b j e c t   t o   c o m p l e t i o n   o r   a m e n d m e n t .   U n d e r   n o   c i r cu m s t a n c e s   s h a l l   t h i s   P r e l i m i n a r y   O f f i c i a l   S t a t e m e n t   c o n s t i t u t e   an   o f f e r   t o   s e l l   o r   a   s o l i c i t a t i o n   o f   a n   o f f e r   t o   b u y   n o r   s h a l l  th e r e   b e   a n y   s a l e   o f   t h e s e   s e c u r i t i e s   i n   a n y   j u r i s d i c t i o n   i n   w h i c h   s u c h   o f f e r   s o l i c i t a t i o n   o r   s a l e   w o u l d   b e   u n l a w f u l   p r i o r   t o  re g i s t r a t i o n   o r   qu a l i f i c a t i o n   u n d e r   t h e   s e c u r i t i e s   l a w s   o f   s u c h   j u r i s d i c t i o n .   8.1.d Packet Pg. 291 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s     MATURITY  SCHEDULE     Maturity  Date   (September  1)   Principal   Amount   Interest   Rate   Price  or     Yield   CUSIP†   (____)                                                                       $___________    _______%    Term  Bond  Due  September  1,  ____    Price:  _______%    CUSIP:  _______     †  CUSIP  Copyright  2017,  CUSIP  Global  Services,  and  a  registered  trademark  of  American  Bankers  Association.   CUSIP  data  herein  is  provided  by  CUSIP  Global  Services,  which  is  managed  on  behalf  of  American  Bankers   Association  by  S&P  Global  Services,  managed  by  Standard  &  Poor's  Capital  IQ.    Neither  the  City  nor  the   Underwriter  takes  any  responsibility  for  the  accuracy  of  the  CUSIP  data.         8.1.d Packet Pg. 292 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   CITY  OF  DUBLIN,  CALIFORNIA     City  Council   David  Haubert,  Mayor   Don  Biddle,  Vice  Mayor   Abe  Gupta,  Councilmember   Arun  Goel,  Councilmember   Melissa  Hernandez,  Councilmember       City  Staff   Christopher  Foss,  City  Manager   Colleen  Tribby,  Administrative  Services  Director/Financial  Director   Caroline  Soto,  City  Clerk     ____________________________     SPECIAL  SERVICES     Bond  Counsel   ________________     _______,  _____________     Municipal  Advisor   Fieldman,  Rolapp  &  Associates     Irvine,  California     Appraiser   Seevers  Jordan  Ziegenmeyer   Rocklin,  California     Special  Tax  Consultant   Goodwin  Consulting  Group,  Inc.   Sacramento,  California     Fiscal  Agent   U.S.  Bank  National  Association     San  Francisco,  California     Disclosure  Counsel   Jones  Hall,  A  Professional  Law  Corporation   San  Francisco,  California 8.1.d Packet Pg. 293 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   GENERAL  INFORMATION  ABOUT  THIS  OFFICIAL  STATEMENT     Use  of  Official  Statement.    This  Official  Statement  is  submitted  in  connection  with  the  sale  of  the   Bonds  referred  to  herein  and  may  not  be  reproduced  or  used,  in  whole  or  in  part,  for  any  other  purpose.     This  Official  Statement  is  not  to  be  construed  as  a  contract  with  the  purchasers  of  the  Bonds.    Statements   contained  in  this  Official  Statement  which  involve  estimates,  forecasts  or  matters  of  opinion,  whether  or   not  expressly  so  described  herein,  are  intended  solely  as  such  and  are  not  to  be  construed  as  a   representation  of  facts.     Estimates  and  Forecasts.    When  used  in  this  Official  Statement  and  in  any  continuing   disclosure  by  the  District  or  the  City,  in  any  press  release  and  in  any  oral  statement  made  with  the   approval  of  an  authorized  officer  of  the  District  or  the  City,  the  words  or  phrases  “will  likely  result,”  “are   expected  to,”  “will  continue,”  “is  anticipated,”  “estimate,”  “project,”  “forecast,”  “expect,”  “intend”  and  similar   expressions  may  identify  “forward  looking  statements.”    Such  statements  are  subject  to  risks  and   uncertainties  that  could  cause  actual  results  to  differ  materially  from  those  contemplated  in  such  forward-­ looking  statements.    Any  forecast  is  subject  to  such  uncertainties.    Inevitably,  some  assumptions  used  to   develop  the  forecasts  will  not  be  realized  and  unanticipated  events  and  circumstances  may  occur.     Therefore,  there  are  likely  to  be  differences  between  forecasts  and  actual  results,  and  those  differences   may  be  material.  The  information  and  expressions  of  opinion  herein  are  subject  to  change  without  notice,   and  neither  the  delivery  of  this  Official  Statement  nor  any  sale  made  hereunder  shall,  under  any   circumstances,  give  rise  to  any  implication  that  there  has  been  no  change  in  the  affairs  of  the  District  or   the  City  since  the  date  hereof.     Limit  of  Offering.    No  dealer,  broker,  salesperson  or  other  person  has  been  authorized  by  the   City  or  the  Underwriter  to  give  any  information  or  to  make  any  representations  other  than  those  contained   herein  and,  if  given  or  made,  such  other  information  or  representation  must  not  be  relied  upon  as  having   been  authorized  by  any  of  the  foregoing.    This  Official  Statement  does  not  constitute  an  offer  to  sell  or  the   solicitation  of  an  offer  to  buy  nor  shall  there  be  any  sale  of  the  Bonds  by  a  person  in  any  jurisdiction  in   which  it  is  unlawful  for  such  person  to  make  such  an  offer,  solicitation  or  sale.     Involvement  of  Underwriter.    The  Underwriter  has  reviewed  the  information  in  this  Official   Statement  in  accordance  with,  and  as  a  part  of,  its  responsibilities  to  investors  under  the  federal  securities   laws  as  applied  to  the  facts  and  circumstances  of  this  transaction,  but  the  Underwriter  does  not  guarantee   the  accuracy  or  completeness  of  such  information.    The  information  and  expressions  of  opinions  herein   are  subject  to  change  without  notice  and  neither  delivery  of  this  Official  Statement  nor  any  sale  made   hereunder  shall,  under  any  circumstances,  create  any  implication  that  there  has  been  no  change  in  the   affairs  of  the  City  or  the  District  since  the  date  hereof.    All  summaries  of  the  Fiscal  Agent  Agreement  or   other  documents  referred  to  in  this  Official  Statement,  are  made  subject  to  the  provisions  of  such   documents,  respectively,  and  do  not  purport  to  be  complete  statements  of  any  or  all  of  such  provisions.       IN  CONNECTION  WITH  THIS  OFFERING,  THE  UNDERWRITER  MAY  OVERALLOT  OR   EFFECT  TRANSACTIONS  WHICH  STABILIZE  OR  MAINTAIN  THE  MARKET  PRICE  OF  THE  BONDS   OFFERED  HEREBY  AT  A  LEVEL  ABOVE  THAT  WHICH  MIGHT  OTHERWISE  PREVAIL  IN  THE  OPEN   MARKET.    SUCH  STABILIZING,  IF  COMMENCED,  MAY  BE  DISCONTINUED  AT  ANY  TIME.    THE   UNDERWRITER  MAY  OFFER  AND  SELL  THE  BONDS  TO  CERTAIN  DEALERS,  INSTITUTIONAL   INVESTORS  AND  OTHERS  AT  PRICES  LOWER  THAN  THE  PUBLIC  OFFERING  PRICE  STATED  ON   THE  COVER  PAGE  HEREOF  AND  SAID  PUBLIC  OFFERING  PRICE  MAY  BE  CHANGED  FROM  TIME   TO  TIME  BY  THE  UNDERWRITER.     THE  BONDS  HAVE  NOT  BEEN  REGISTERED  UNDER  THE  SECURITIES  ACT  OF  1933,  AS   AMENDED,  IN  RELIANCE  UPON  AN  EXCEPTION  FROM  THE  REGISTRATION  REQUIREMENTS   CONTAINED  IN  SUCH  ACT.    THE  BONDS  HAVE  NOT  BEEN  REGISTERED  OR  QUALIFIED  UNDER   THE  SECURITIES  LAWS  OF  ANY  STATE.       The  City  maintains  an  Internet  website,  but  the  information  on  that  website  is  not  incorporated  in   this  Official  Statement.   8.1.d Packet Pg. 294 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   i   TABLE  OF  CONTENTS     INTRODUCTION  ...............................................  1   THE  BONDS  ......................................................  6   Authority  for  Issuance  ....................................  6   Description  of  the  Bonds  ...............................  7   Redemption*  ..................................................  8   Transfer  or  Exchange  of  Bonds  ...................  10   ESTIMATED  SOURCES  AND  USES  OF   FUNDS  ........................................................  11   SECURITY  AND  SOURCES  OF  PAYMENT   FOR  THE  BONDS  .......................................  12   Pledge  of  Special  Tax  Revenues  ................  12   Deposit  and  Use  of  Proceeds  of  Bonds  .......  12   Special  Taxes  ..............................................  13   Special  Tax  Methodology  ............................  14   Levy  of  Annual  Special  Tax;;  annual   Maximum  Special  Tax  .............................  14   Special  Tax  Fund  .........................................  16   Administrative  Expense  Fund  ......................  17   Reserve  Fund  ..............................................  17   Improvement  Fund  ......................................  18   Delinquent  Payments  of  Special  Tax;;   Covenant  for  Superior  Court   Foreclosure  .............................................  19   Additional  Bonds  ..........................................  21   DEBT  SERVICE  SCHEDULE  .........................  23   THE  DUBLIN  CROSSING  PROJECT  .............  24   Dublin  Crossing  Specific  Plan  .....................  24   Public  Improvements  Required  for  the   Dublin  Crossing  Project  ...........................  29   Acquisition  Agreement  .................................  30   Market  Pricing  and  Absorption  Analysis  ......  30   IMPROVEMENT  AREA  NO.  1  .........................  31   Formation  of  the  District  ..............................  31   Location  and  Description  of  Improvement   Area  No.  1  and  the  Immediate  Area  ........  32   Improvement  Area  No.  1  Ownership  ...........  35   Tract  Map  Status  .........................................  35   The  Merchant  Builders  ................................  35   The  Development  Plan  ................................  35   Financing  Plan  -­  Developer  .........................  39   Financing  Plan  –  Merchant  Builders  ............  40   OWNERSHIP  OF  PROPERTY  WITHIN  THE   DISTRICT  ....................................................  42   The  Developer  .............................................  42   APPRAISED  VALUE  OF  PROPERTY   WITHIN  IMPROVEMENT  AREA  NO.  1  .......  44   The  Appraisal  ..............................................  44   Value  to  Special  Tax  Burden  Ratios  ............  48   Overlapping  Liens  and  Priority  of  Lien  .........  49   SPECIAL  RISK  FACTORS  ..............................  51   Limited  Obligation  of  the  City  to  Pay  Debt   Service  ....................................................  51   Special  Tax  Not  a  Personal  Obligation  ........  51   Concentration  of  Ownership  ........................  51   Levy  and  Collection  of  the  Special  Tax  .......  52   Insufficiency  of  Special  Taxes  .....................  53   Appraised  Values  ........................................  54   Value-­to-­Lien  Ratios  ....................................  54   Exempt  Properties  .......................................  55   Property  Values  and  Property   Development  ...........................................  55   Other  Possible  Claims  Upon  the  Value  of   Taxable  Property  .....................................  58   Bankruptcy  and  Foreclosure  Delays  ............  59   No  Acceleration  Provisions  ..........................  60   Loss  of  Tax  Exemption  ................................  61   Enforceability  of  Remedies  ..........................  61   No  Secondary  Market  ..................................  61   Disclosure  to  Future  Purchasers  .................  62   IRS  Audit  of  Tax-­Exempt  Bond  Issues  ........  62   Voter  Initiatives  ............................................  62   Recent  Case  Law  Related  to  the  Mello-­ Roos  Act  ..................................................  63   CONTINUING  DISCLOSURE  .........................  64   The  City  .......................................................  64   Brookfield  BAH  ............................................  64   CalAtlantic  ...................................................  65   UNDERWRITING  ............................................  65   MUNICIPAL  ADVISOR  ....................................  65   LEGAL  OPINION  .............................................  65   TAX  MATTERS  ...............................................  65   NO  RATINGS  ..................................................  66   NO  LITIGATION  ..............................................  66   PROFESSIONAL  FEES  ..................................  66   EXECUTION  ....................................................  66         APPENDIX  A  -­  RATE  AND  METHOD  OF  APPORTIONMENT  OF  SPECIAL  TAX   APPENDIX  B  -­  THE  APPRAISAL   APPENDIX  C  -­  SUMMARY  OF  CERTAIN  PROVISIONS  OF  THE  FISCAL  AGENT  AGREEMENT   APPENDIX  D  -­  THE  CITY  OF  DUBLIN  AND  ALAMEDA  COUNTY   APPENDIX  E  -­  PRICING  REPORT     APPENDIX  F  -­  FORM  OF  OPINION  OF  BOND  COUNSEL   APPENDIX  G  -­  FORM  OF  CONTINUING  DISCLOSURE  UNDERTAKINGS   APPENDIX  H  -­  BOOK  ENTRY  SYSTEM   8.1.d Packet Pg. 295 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s                     OFFICIAL  STATEMENT                       $_____________*   CITY  OF  DUBLIN   IMPROVEMENT  AREA  NO.  1   COMMUNITY  FACILITIES  DISTRICT  NO.  2015-­1   (DUBLIN  CROSSING)   SPECIAL  TAX  BONDS,  SERIES  2017       This  Official  Statement,  including  the  cover  page  and  all  appendices  hereto,  is  provided   to  furnish  certain  information  in  connection  with  the  issuance  of  the  bonds  captioned  above  (the   “Bonds”)  by  the  City  of  Dublin  (the  “City”),  by  and  through  Improvement  Area  No.  1   ("Improvement  Area  No.  1")  of  the  City  of  Dublin  Community  Facilities  District  No.  2015-­1   (Dublin  Crossing)  (the  “Community  Facilities  District”  or  the  “District”).     Any  statements  made  in  this  Official  Statement  involving  matters  of  opinion  or  of   estimates,  whether  or  not  so  expressly  stated,  are  set  forth  as  such  and  not  as  representations   of  fact,  and  no  representation  is  made  that  any  of  the  estimates  will  be  realized.    Definitions  of   certain  terms  used  herein  and  not  defined  herein  have  the  meaning  set  forth  in  the  Fiscal  Agent   Agreement.    See  “APPENDIX  C  –  SUMMARY  OF  CERTAIN  PROVISIONS  OF  THE  FISCAL   AGENT  AGREEMENT.”       INTRODUCTION     This  introduction  is  not  a  summary  of  this  Official  Statement.    It  is  only  a  brief  description   of  and  guide  to,  and  is  qualified  by,  more  complete  and  detailed  information  contained  in  the   entire  Official  Statement,  including  the  cover  page  and  attached  appendices,  and  the   documents  summarized  or  described  in  this  Official  Statement.    A  full  review  should  be  made  of   the  entire  Official  Statement.    The  offering  of  the  Bonds  to  potential  investors  is  made  only  by   means  of  the  entire  Official  Statement.     Authority  for  Issuance.    The  Bonds  are  issued  pursuant  to  the  provisions  of  the  Mello-­ Roos  Community  Facilities  Act  of  1982,  as  amended  (Section  53311,  et  seq.,  of  the   Government  Code  of  the  State  of  California)  (the  “Act”)  and  pursuant  to  a  Fiscal  Agent   Agreement  dated  as  of  July  1,  2017  (the  “Fiscal  Agent  Agreement”)  between  the  City  and   U.S.  Bank  National  Association,  San  Francisco,  California,  as  fiscal  agent  (the  “Fiscal  Agent”)   and  Resolution  No.  ________  (the  “Resolution”)  adopted  on  ______________,  2017  by  the   City  Council  of  the  City  (the  “City  Council”),  as  legislative  body  of  the  District.    The  Bonds,   together  with  Parity  Bonds  (as  defined  herein),  are  authorized  to  be  issued  up  to  the  maximum   authorization  for  Improvement  Area  No.  1  of  $46  million.         ____________   *  Preliminary;;  subject  to  change.   8.1.d Packet Pg. 296 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­2-­   Bond  Terms.    The  Bonds  will  be  dated  as  of  and  bear  interest  from  the  date  of  delivery   thereof  at  the  rate  or  rates  set  forth  on  the  cover  page  of  this  Official  Statement.    Interest  on  the   Bonds  is  payable  on  March  1  and  September  1  of  each  year  (each  an  “Interest  Payment   Date”),  commencing  ________  1,  20__.    The  Bonds  will  be  issued  without  coupons  in   denominations  of  $5,000  or  any  integral  multiple  thereof.     Registration  of  Ownership  of  Bonds.    The  Bonds  will  be  issued  only  as  fully  registered   bonds  in  book-­entry  form,  registered  in  the  name  of  Cede  &  Co.,  as  nominee  of  The  Depository   Trust  Company  (“DTC”).    Ultimate  purchasers  of  Bonds  will  not  receive  physical  certificates   representing  their  interest  in  the  Bonds.    So  long  as  the  Bonds  are  registered  in  the  name  of   Cede  &  Co.,  as  nominee  of  DTC,  references  herein  to  the  Owners  will  mean  Cede  &  Co.,  and   will  not  mean  the  ultimate  purchasers  of  the  Bonds.    Payments  of  the  principal,  premium,  if  any,   and  interest  on  the  Bonds  will  be  made  directly  to  DTC,  or  its  nominee,  Cede  &  Co.  so  long  as   DTC  or  Cede  &  Co.  is  the  registered  owner  of  the  Bonds.    Disbursements  of  such  payments  to   DTC’s  Participants  is  the  responsibility  of  DTC  and  disbursements  of  such  payments  to  the   Beneficial  Owners  is  the  responsibility  of  DTC’s  Participants  and  Indirect  Participants,  as  more   fully  described  herein.    See  “APPENDIX  H  –  BOOK-­ENTRY  SYSTEM.”     Use  of  Proceeds.    Proceeds  of  the  Bonds  will  primarily  be  used  to  finance  the  cost  of   acquiring  and  constructing  certain  public  infrastructure  improvements  and/or  reimbursing  fees   paid  for  capital  improvements  (collectively,  the  “Authorized  Improvements,”  as  described   herein),  generally  including  roadways  and  roadway  related  improvements,  water,  wastewater   and  other  miscellaneous  infrastructure  improvements  in  connection  with  the  development  of  the   Dublin  Crossing  Project  (as  defined  herein).  Construction  of  Authorized  Improvements  by  the   Developer  (described  herein)  sufficient  to  commence  home  building  in  Phase  1A  of   Improvement  Area  No.  1  is  complete  and  homebuilding  has  commenced  for  Phase  1A.     Construction  of  Authorized  Improvements  by  the  Developer  sufficient  to  commence  home   building  in  Phase  1B  of  the  Improvement  Area  No.  1  is  ongoing  and  is  expected  to  be  complete   by  Fall  of  2017.  The  cost  of  a  portion  of  the  Authorized  Improvements  will  be  reimbursed  by  the   proceeds  of  the  Bonds,  and  the  Developer  and/or  the  Merchant  Builders  (described  herein)  are   required  to  fund  any  remaining  shortfall.    See  “THE  DUBLIN  CROSSING  PROJECT  -­  Public   Improvements  Required  for  the  Dublin  Crossing  Project.”    Proceeds  of  the  Bonds  will  also  be   used  to  establish  a  reserve  fund  (described  below)  available  for  payment  on  the  Bonds,  to   provide  capitalized  interest  until  [_______________]  and  to  pay  cost  of  issuance  of  the  Bonds.       Source  of  Payment  of  the  Bonds.  The  Bonds  are  secured  by  and  payable  from   “Special  Tax  Revenues,”  which  are  generally  defined  to  mean  the  proceeds  of  the  special  tax   (the  “Special  Tax”)  which  will  be  levied  by  the  City  on  taxable  real  property  within  the   boundaries  of  Improvement  Area  No.  1  and  received  by  the  City,  including  with  respect  to   prepayments,  redemptions  and  foreclosures  and  delinquencies.  The  Bonds  are  also  payable   from  amounts  held  in  certain  funds  and  accounts  pursuant  to  the  Fiscal  Agent  Agreement,   including  a  reserve  fund,  all  as  more  fully  described  herein.    See  “SECURITY  AND  SOURCES   OF  PAYMENT  FOR  THE  BONDS  –  Pledge  of  Special  Taxes”  for  additional  details.     The  District  was  initially  formed  as  a  single  improvement  area  (i.e.,  Improvement  Area   No.  1  over  Phase  1A),  with  the  anticipated  future  phases  of  the  Dublin  Crossing  Project   designated  as  part  of  the  future  annexation  area  to  the  District.    On  June  20,  2017,  land  planned   for  development  as  Phase  1B  was  annexed  to  Improvement  Area  No.  1.    The  Developer   anticipates  annexing  additional  property  of  the  Dublin  Crossing  Project  into  future  improvement   areas  as  such  property  is  ready  for  development.    However,  the  Bonds  are  only  secured  by   parcels  within  Improvement  Area  No.  1.    The  Special  Tax  applicable  to  each  taxable  parcel  in   8.1.d Packet Pg. 297 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­3-­   Improvement  Area  No.  1  will  be  levied  and  collected  according  to  the  tax  liability  determined  by   the  City  Council  through  the  application  of  a  rate  and  method  of  apportionment  of  Special  Tax   for  Improvement  Area  No.  1  (the  “Rate  and  Method”)  which  has  been  approved  by  the  City.     The  Rate  and  Method  is  set  forth  in  APPENDIX  A  hereto.    The  Special  Taxes  represent  liens  on   the  parcels  of  land  subject  to  a  Special  Tax  and  failure  to  pay  the  Special  Taxes  could  result  in   proceedings  to  foreclose  the  delinquent  property.    The  Special  Taxes  do  not  constitute  the   personal  indebtedness  of  the  owners  of  taxed  parcels.    See  “SECURITY  AND  SOURCES  OF   PAYMENT  FOR  THE  BONDS  —  Special  Tax  Methodology”  and  “APPENDIX  A  —  RATE  AND   METHOD  OF  APPORTIONMENT  OF  SPECIAL  TAX.”    The  maximum  authorized  indebtedness   for  Improvement  Area  No.  1  is  $46  million,  and  additional  Parity  Bonds  are  expected  to  be   issued  in  the  future  as  development  progresses.     In  the  Fiscal  Agent  Agreement,  the  City  directs  the  Fiscal  Agent  to  establish  a  Reserve   Fund  (the  “Reserve  Fund”)  from  Bond  proceeds  in  the  amount  of  the  Reserve  Requirement   (described  herein),  which  amount  is  available  to  be  transferred  to  the  Bond  Fund  in  the  event  of   delinquencies  in  the  payment  of  the  Special  Taxes,  to  the  extent  of  such  delinquencies.    The   Reserve  Fund  is  required  to  be  maintained  at  the  Reserve  Requirement  from  moneys  available   under  the  Fiscal  Agent  Agreement.    See  “SECURITY  AND  SOURCES  OF  PAYMENT  FOR  THE   BONDS  —  Reserve  Fund.”    If  there  are  additional  delinquencies  after  depletion  of  funds  in  the   Reserve  Fund,  the  City  is  not  obligated  to  pay  the  Bonds  or  supplement  the  Reserve  Fund   except  from  Special  Tax  Revenues  as  described  in  the  Fiscal  Agent  Agreement.     The  District  and  the  Improvement  Areas.    The  land  in  Improvement  Area  No.  1  was   formerly  a  portion  of  the  U.S.  Army  Reserve  Reserve's  "Camp  Parks"  base,  which  is  adjacent  to   and  borders  the  Dublin  Crossing  Project  to  the  north  and  which  will  continue  in  existence  as  to   the  portion  outside  of  the  Dublin  Crossing  Project.    Dublin  Crossing,  LLC,  a  Delaware  limited   liability  company  (“Dublin  Crossing”  or  the  “Developer”),  as  the  master  developer  of  the   Dublin  Crossing  Project,  is  under  contract  with  the  Army  Reserve  to  acquire  additional  land   owned  by  the  Army  Reserve,  and  has  acquired  some,  but  not  all  of  the  land  in  the  Dublin   Crossing  Project.  As  it  acquires  the  land,  Army  Reserve  facilities  are  demolished  and  the  land  is   converted  to  uses  approved  by  the  City  for  the  Dublin  Crossing  Project.    As  the  Developer   acquires  such  property,  it  installs  backbone  infrastructure  to  ready  the  land  for  development,   whereupon  it  is  sold  to  it  merchant  builders  for  homebuilding.       The  project  (herein,  the  “Dublin  Crossing  Project”)  was  originally  referred  to  as  "Dublin   Crossing"  but  is  being  marketed  as  "Boulevard".  Development  of  the  Dublin  Crossing  Project  is   planned  to  occur  in  5  phases,  with  each  phase  other  than  Phase  1A/1B  (which  is  Improvement   Area  No.  1)  being  annexed  to  the  District  as  separate  improvement  areas.  All  5  phases  of  the   Dublin  Crossing  Project  total  approximately  190  acres,  but  the  Bonds  are  secured  by  only  by   special  taxes  levied  on  the  parcels  within  Improvement  Area  No.  1  of  the  District;;  special  taxes   on  property  in  the  future  annexation  areas  will  not  secure  the  Bonds.  The  Developer  is  a  joint   venture  between  (i)  BrookCal  Dublin  LLC,  a  Delaware  limited  liability  company  (“BrookCal”),   and  (ii)  SPIC  Dublin  LLC,  a  Delaware  limited  liability  company  (“SPIC”).     BrookCal  is  owned  100%  by  BrookCal  Bay  Area  Holdings  LLC,  a  Delaware  limited   liability  company  (“BrookCal  Bay  Area”).    BrookCal  Bay  Area  is  owned  100%  by  BrookCal,   LLC,  a  Delaware  limited  liability  company  (“BrookCal,  LLC”).    BrookCal,  LLC  is  a  joint  venture   between  BHC  BrookCal,  LLC,  a  Delaware  limited  liability  company  (“BHC  BrookCal”),  and  the   California  State  Teachers  Retirement  System  (“Cal  STRS”).  BHC  BrookCal  is  an  indirect  wholly-­ owned  subsidiary  of  Brookfield  Residential  Properties  Inc.  (“Brookfield  Residential”),  a  wholly-­ 8.1.d Packet Pg. 298 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­4-­   owned  subsidiary  of  Brookfield  Asset  Management  Inc.,  which  has  been  developing  land  and   building  homes  for  over  50  years.       SPIC  is  an  affiliate  of  CalAtlantic  Group,  Inc.,  a  Delaware  corporation  (“CalAtlantic”).       The  Developer  has  entered  into  agreements  with  CalAtlantic  and  with  builders  that  are   affiliated  with  Brookfield  Residential.    In  particular,  the  Developer  sold  property  to  (i)  Brookfield   Bay  Area  Holdings  LLC  (“Brookfield  BAH”),  Brookfield  Wilshire  LLC,  and  Brookfield  Fillmore   LLC  (collectively,  the  “Brookfield  Merchant  Builders”),  all  of  which  are  subsidiaries  of   Brookfield  Residential,  and  (ii)  CalAtlantic  (herein,  the  “CalAtlantic  Merchant  Builder”  and   together  with  the  Brookfield  Merchant  Builders,  the  “Merchant  Builders”).  As  of  June  1,  2017,   the  Developer  owns  24  lots  in  Improvement  Area  No.  1,  and  anticipates  conveying  these  24  lots   to  Brookfield  BAH  for  development  as  part  of  the  Huntington  neighborhood.  See   “IMPROVEMENT  AREA  NO.  1  -­  The  Merchant  Builders.”     Infrastructure  development  of  Improvement  Area  No.  1  is  carried  out  by  the  Developer,   who  in  turn  sells  what  it  refers  to  as  "neighborhoods"  to  the  Merchant  Builders  or  their  affiliates.   The  Merchant  Builders  are  independent  entities  from  each  other  but  are  closely  collaborating  on   the  development,  marketing  and  selling  of  homes.       Property  Subject  to  the  Special  Tax  of  Improvement  Area  No.  1.    Improvement  Area   No.  1  consists  of  approximately  28  taxable  acres  entitled  for  453  residential  units.    Land  in   Improvement  Area  No.  1  comprises  6  neighborhoods  and  is  referred  to  by  the  Merchant   Builders  as  Phase  1A  (neighborhoods  1-­4)  and  Phase  1B  (neighborhoods  5  &  6).    Initial  home   construction  is  underway  by  builders  in  Phase  1A  and  initial  home  sales  are  expected  to  close  in   Phase  1A  by  the  end  of  2017;;  initial  home  construction  in  Phase  1B  is  anticipated  to  commence   in  the  Fall  of  2017,  with  initial  sales  in  Phase  1B  by  the  fourth  quarter  of  2017  or  the  first  quarter   of  2018.    See  “IMPROVEMENT  AREA  NO.  1.”     Appraised  Value  of  Property.  Property  in  Improvement  Area  No.  1  is  security  for  the   Special  Tax.    The  City  authorized  the  preparation  of  an  appraisal  report  (the  “Appraisal”)  for   the  real  property  within  Improvement  Area  No.  1,  which  sets  forth  an  estimated  market  value  of   $153,210,000,  as  of  the  May  17,  2017  date  of  value.    The  valuation  assumes  matters  stated  in   the  Appraisal,  including  completion  of  the  Authorized  Improvements  funded  by  the  Bonds,  and   accounts  for  the  impact  of  the  lien  of  the  Special  Tax  securing  the  Bonds.    See   “IMPROVEMENT  AREA  NO.  1.”    In  considering  the  estimates  of  value  evidenced  by  the   appraisal,  it  should  be  noted  that  the  appraisal  is  based  upon  a  number  of  standard  and  special   assumptions  which  affected  the  estimates  as  to  value,  in  addition  to  the  assumption  of   completion  of  the  Authorized  Improvements  funded  with  proceeds  of  the  Bonds  (but  not  any   future  bonds).    The  Authorized  Improvements  to  be  paid  for  with  proceeds  of  the  Bonds  are   underway  but  not  complete.    See  “APPRAISED  VALUE  OF  PROPERTY  WITHIN   IMPROVEMENT  AREA  NO.  1”  and  APPENDIX  B.  The  appraised  valuation  estimate  of  property   in  Improvement  Area  No.  1  is  4.7*  times  the  $32,745,000*  aggregate  principal  amount  of  the   Bonds.    This  value-­to-­lien  ratio  does  not  take  into  account  any  overlapping  liens  on  land  in   Improvement  Area  No.  1.    See  APPRAISED  VALUE  OF  PROPERTY  WITHIN  IMPROVEMENT   AREA  NO.  1  -­  Overlapping  Liens  and  Priority  of  Liens.”     The  City  and  the  County.    The  City  is  located  in  southern  Alameda  County  (the   “County”),  which  is  located  in  the  "Tri  Valley"  area  encompassing  the  cities  of  Pleasanton,     ____________   *  Preliminary;;  subject  to  change.   8.1.d Packet Pg. 299 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­5-­   Livermore,  Dublin,  San  Ramon,  and  Danville,  as  well  as  unincorporated  Alamo,  Blackhawk,   Camino  Tassajara,  Diablo,  Norris  Canyon,  and  Sunol.  The  three  valleys  from  which  it  takes  its   name  are  Amador  Valley,  Livermore  Valley  and  San  Ramon  Valley.  The  City  is  located  along   the  north  side  of  Interstate  580  at  the  intersection  with  Interstate  680  and  between  the  cities  of   Livermore  and  Pleasanton,  roughly  35  miles  (56  km)  east  of  San  Francisco,  23  miles  east  of   Oakland,  and  31  miles  north  of  San  Jose.  The  estimated  population  of  the  City  as  of  January   2017  was  approximately  59,686.    For  economic  and  demographic  information  regarding  the   area  in  and  around  the  City,  see  “APPENDIX  D  –  THE  CITY  OF  DUBLIN  AND  ALAMEDA   COUNTY.”       Risks  of  Investment.    See  the  section  of  this  Official  Statement  entitled  “SPECIAL  RISK   FACTORS”  for  a  discussion  of  special  factors  that  should  be  considered,  in  addition  to  the  other   matters  set  forth  herein,  in  considering  the  investment  quality  of  the  Bonds.     Limited  Obligation  of  the  City.    The  general  fund  of  the  City  is  not  liable  and  the  full   faith  and  credit  of  the  City  is  not  pledged  for  the  payment  of  the  interest  on,  or  principal  of  or   redemption  premiums,  if  any,  on  the  Bonds.    The  Bonds  are  not  secured  by  a  legal  or  equitable   pledge  of  or  charge,  lien  or  encumbrance  upon  any  property  of  the  City  or  any  of  its  income  or   receipts,  except  the  money  in  certain  funds  established  under  the  Fiscal  Agent  Agreement,  and   neither  the  payment  of  the  interest  on  nor  principal  of  or  redemption  premiums,  if  any,  on  the   Bonds  is  a  general  debt,  liability  or  obligation  of  the  City.    The  Bonds  do  not  constitute  an   indebtedness  of  the  City  within  the  meaning  of  any  constitutional  or  statutory  debt  limitation  or   restrictions  and  neither  the  City  Council,  the  City  nor  any  officer  or  employee  thereof  are  liable   for  the  payment  of  the  interest  on  or  principal  of  or  redemption  premiums,  if  any,  on  the  Bonds   other  than  from  the  proceeds  of  the  Special  Taxes  and  the  money  in  certain  funds,  as  provided   in  the  Fiscal  Agent  Agreement.     Summary  of  Information.    Brief  descriptions  of  certain  provisions  of  the  Fiscal  Agent   Agreement,  the  Bonds  and  certain  other  documents  are  included  herein.    The  descriptions  and   summaries  of  documents  herein  do  not  purport  to  be  comprehensive  or  definitive,  and  reference   is  made  to  each  such  document  for  the  complete  details  of  all  its  respective  terms  and   conditions,  copies  of  which  are  available  for  inspection  at  the  office  of  the  finance  official  of  the   City.    All  statements  herein  with  respect  to  certain  rights  and  remedies  are  qualified  by  reference   to  laws  and  principles  of  equity  relating  to  or  affecting  creditors’  rights  generally.    Capitalized   terms  used  in  this  Official  Statement  and  not  otherwise  defined  herein  have  the  meanings   ascribed  to  such  terms  in  the  Fiscal  Agent  Agreement.    The  information  and  expressions  of   opinion  herein  speak  only  as  of  the  date  of  this  Official  Statement  and  are  subject  to  change   without  notice.    Neither  delivery  of  this  Official  Statement,  any  sale  made  hereunder,  nor  any   future  use  of  this  Official  Statement  shall,  under  any  circumstances,  create  any  implication  that   there  has  been  no  change  in  the  affairs  of  the  City  or  the  District  since  the  date  hereof.         Any  statements  made  in  this  Official  Statement  involving  matters  of  opinion  or  of   estimates,  whether  or  not  so  expressly  stated,  are  set  forth  as  such  and  not  as  representations   of  fact,  and  no  representation  is  made  that  any  of  the  estimates  will  be  realized.    For  definitions   of  certain  terms  used  herein  and  not  defined  herein,  see  “APPENDIX  C  –  SUMMARY  OF   CERTAIN  PROVISIONS  OF  THE  FISCAL  AGENT  AGREEMENT.”       8.1.d Packet Pg. 300 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­6-­     THE  BONDS     Authority  for  Issuance     The  Bonds  are  issued  pursuant  to  the  Fiscal  Agent  Agreement,  approved  by  Resolution   No.  __  adopted  by  the  City  Council  on  _______,  2017,  and  the  Act.     On  April  21,  2015,  the  City  Council  adopted  a  Resolution  of  Intention  to  form  a   community  facilities  district  under  the  Act,  to  levy  a  special  tax  and  to  incur  bonded   indebtedness  for  the  purpose  of  financing  the  Authorized  Improvements.    After  conducting  a   noticed  public  hearing,  on  June  2,  2015,  the  City  Council  adopted  the  Resolution  of  Formation   (the  “Resolution  of  Formation”),  which  established  Community  Facilities  District  No.  2015-­1   and  Improvement  Area  No.  1  thereof,  and  designated  a  future  annexation  area  (the  “Future   Annexation  Area”),  which  includes  the  remaining  phases  of  the  Dublin  Crossing  Project  (which   are  anticipated  to  be  annexed  by  phase  into  the  District  as  Improvement  Area  No.  2,   Improvement  Area  No.  3,  Improvement  Area  No.  4,  and  Improvement  Area  No.  5).  The   Resolution  of  Formation  also  set  forth  the  Rate  and  Method  within  Improvement  Area  No.  1  and   for  each  future  Improvement  Area,  and  set  forth  the  necessity  to  incur  bonded  indebtedness  in  a   total  amount  not  to  exceed  $150  million  for  the  District  as  a  whole,  $46  million  for  Improvement   Area  No.  1,  and  as  follows  for  each  future  Improvement  Area:  $34  million  for  Improvement  Area   No.  2,  $23  million  for  Improvement  Area  No.  3,  $12  million  for  Improvement  Area  No.  4  and  $35   million  for  Improvement  Area  No.  5.    On  the  same  day,  an  election  was  held  within  the  District  in   which  the  Dublin  Crossing  Venture,  LLC,  the  predecessor  owner  of  the  land  in  Improvement   Area  No.  1  (who  was  then  the  only  eligible  landowner  voter  in  the  District  and  is  referred  to   herein  as  the  “Prior  Owner”)  unanimously  approved  the  proposed  bonded  indebtedness  and   the  levy  of  the  Special  Tax.         Under  the  provisions  of  the  Act,  since  there  were  fewer  than  12  registered  voters   residing  within  the  District  and  Improvement  Area  No.  1  at  a  point  during  the  90-­day  period   preceding  the  adoption  of  the  Resolution  of  Formation,  the  qualified  electors  entitled  to  vote  in   the  special  election  consisted  of  the  Prior  Owner,  as  sole  landowner.    The  landowner  voted  to   incur  the  indebtedness  and  to  approve  the  annual  levy  of  Special  Taxes  to  be  collected  within   Improvement  Area  No.  1,  for  the  purpose  of  paying  for  the  Authorized  Improvements,  including   repaying  any  indebtedness  of  Improvement  Area  No.  1,  replenishing  reserve  funds  and  paying   the  administrative  expenses  of  Improvement  Area  No.  1.    See  “IMPROVEMENT  AREA  NO.  1  -­   Formation  of  the  District”  herein.  The  Prior  Owner,  as  the  sole  landowner,  also  approved  the   designation  of  the  Future  Annexation  Area,  and  approved  the  bonded  indebtedness  for  the   future  Improvement  Areas.         The  Bonds  are  the  first  series  to  be  issued  for  Improvement  Area  No.  1  under  the   authorization;;  additional  bonds  are  expected  to  be  issued,  up  to  the  total  bond  authorization  of   $46  million  for  Improvement  Area  No.  1.       Land  within  the  Future  Annexation  Area  may  from  time  to  time  in  the  future  be  annexed   into  any  Improvement  Area  of  the  District  by  the  execution  of  an  owner  of  land  in  the  Future   Annexation  Area  of  a  unanimous  written  consent  to  be  annexed  to  the  District  and  into  a   particular  Improvement  Area.    In  fact,  in  June  2017,  Phase  1B  of  the  Dublin  Crossing  Project,   which  was  initially  identified  as  part  of  the  Future  Annexation  Area,  was  annexed  into   Improvement  Area  No.  1.  A  special  tax  will  be  levied  on  annexed  territory  only  with  the   unanimous  approval  of  the  owner  or  owners  of  each  parcel  or  parcels  at  the  time  of  annexation   8.1.d Packet Pg. 301 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­7-­   into  the  respective  Improvement  Area,  whereupon  a  special  tax  will  become  a  continuing  lien   against  all  non-­exempt  real  property  in  the  annexed  portion  of  the  Future  Annexation  Area.   Each  annexation  will  add  property  to  a  specific  Improvement  Area;;  Special  taxes  of  each   Improvement  Area  will  secure  only  bonds  issued  by  that  respective  Improvement  Area.  No   additional  property  is  anticipated  to  be  annexed  to  Improvement  Area  No.  1.     Description  of  the  Bonds     Bond  Terms.    The  Bonds  will  be  dated  as  of  and  bear  interest  from  the  date  of  delivery   thereof  at  the  rates  and  mature  in  the  amounts  and  years,  as  set  forth  on  the  inside  cover  page   hereof.    The  Bonds  are  being  issued  in  the  denomination  of  $5,000  or  any  integral  multiple   thereof.     Interest  on  the  Bonds  will  be  payable  semiannually  on  March  1  and  September  1  of  each   year  (each  an  “Interest  Payment  Date”),  commencing  ______  1,  20__.    The  principal  of  the   Bonds  and  premiums  due  upon  the  redemption  thereof,  if  any,  will  be  payable  in  lawful  money   of  the  United  States  of  America  at  the  principal  corporate  trust  office  of  the  Fiscal  Agent  in  San   Francisco,  California,  or  such  other  place  as  designated  by  the  Fiscal  Agent,  upon  presentation   and  surrender  of  the  Bonds;;  provided  that  so  long  as  any  Bonds  are  in  book-­entry  form,   payments  with  respect  to  such  Bonds  will  be  made  by  wire  transfer,  or  such  other  method   acceptable  to  the  Fiscal  Agent,  to  DTC.     Book-­Entry  Only  System.    The  Bonds  are  being  issued  as  fully  registered  bonds,   registered  in  the  name  of  Cede  &  Co.,  as  nominee  of  The  Depository  Trust  Company,  New   York,  New  York  (“DTC”),  and  will  be  available  to  ultimate  purchasers  under  the  book-­entry   system  maintained  by  DTC.    Ultimate  purchasers  of  Bonds  will  not  receive  physical  certificates   representing  their  interest  in  the  Bonds.    So  long  as  the  Bonds  are  registered  in  the  name  of   Cede  &  Co.,  as  nominee  of  DTC,  references  herein  to  the  Owners  will  mean  Cede  &  Co.,  and   will  not  mean  the  ultimate  purchasers  of  the  Bonds.    The  Fiscal  Agent  will  make  payments  of  the   principal,  premium,  if  any,  and  interest  on  the  Bonds  directly  to  DTC,  or  its  nominee,  Cede  &   Co.,  so  long  as  DTC  or  Cede  &  Co.  is  the  registered  owner  of  the  Bonds.    Disbursements  of   such  payments  to  DTC’s  Participants  is  the  responsibility  of  DTC  and  disbursements  of  such   payments  to  the  Beneficial  Owners  is  the  responsibility  of  DTC’s  Participants  and  Indirect   Participants,  as  more  fully  described  herein.    See  “APPENDIX  H  –BOOK  ENTRY  SYSTEM.”   below.         Calculation  and  Payment  of  Interest.    Interest  on  the  Bonds  will  be  computed  on  the   basis  of  a  360-­day  year  consisting  of  twelve  30-­day  months.    Interest  on  the  Bonds  (including   the  final  interest  payment  upon  maturity  or  earlier  redemption)  is  payable  by  check  of  the  Fiscal   Agent  mailed  on  each  Interest  Payment  Date  by  first  class  mail  to  the  registered  Owner  thereof   at  such  registered  Owner’s  address  as  it  appears  on  the  registration  books  maintained  by  the   Fiscal  Agent  at  the  close  of  business  on  the  Record  Date  preceding  the  Interest  Payment  Date,   or  by  wire  transfer  made  on  such  Interest  Payment  Date  upon  written  instructions  received  by   the  Fiscal  Agent  on  or  before  the  Record  Date  preceding  the  Interest  Payment  Date,  of  any   Owner  of  $1,000,000  or  more  in  aggregate  principal  amount  of  Bonds;;  provided  that  so  long  as   any  Bonds  are  in  book-­entry  form,  payments  with  respect  to  such  Bonds  will  be  made  by  wire   transfer,  or  such  other  method  acceptable  to  the  Fiscal  Agent,  to  DTC.    See  “APPENDIX  H  –   BOOK  ENTRY  SYSTEM”  below.         Each  Bond  will  bear  interest  from  the  Interest  Payment  Date  next  preceding  the  date  of   authentication  thereof  unless  (i)  it  is  authenticated  on  an  Interest  Payment  Date,  in  which  event   8.1.d Packet Pg. 302 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­8-­   it  will  bear  interest  from  such  date  of  authentication,  or  (ii)  it  is  authenticated  prior  to  an  Interest   Payment  Date  and  after  the  close  of  business  on  the  Record  Date  preceding  such  Interest   Payment  Date,  in  which  event  it  will  bear  interest  from  such  Interest  Payment  Date,  or  (iii)  it  is   authenticated  prior  to  the  Record  Date  preceding  the  first  Interest  Payment  Date,  in  which  event   it  will  bear  interest  from  the  Dated  Date;;  provided,  however,  that  if  at  the  time  of  authentication   of  a  Bond,  interest  is  in  default  thereon,  such  Bond  will  bear  interest  from  the  Interest  Payment   Date  to  which  interest  has  previously  been  paid  or  made  available  for  payment  thereon.    So   long  as  the  Bonds  are  registered  in  the  name  of  Cede  &  Co.,  as  nominee  of  DTC,  payments  of   the  principal,  premium,  if  any,  and  interest  on  the  Bonds  will  be  made  directly  to  DTC,  or  its   nominee,  Cede  &  Co.    Disbursements  of  such  payments  to  DTC’s  Participants  is  the   responsibility  of  DTC  and  disbursements  of  such  payments  to  the  Beneficial  Owners  is  the   responsibility  of  DTC’s  Participants  and  Indirect  Participants,  as  more  fully  described  herein.     See  “APPENDIX  H  –  BOOK  ENTRY  SYSTEM”  below.     Redemption*     Optional  Redemption.    The  Bonds  maturing  on  or  after  September  1,  20__  are  subject   to  redemption  prior  to  their  stated  maturities,  on  any  date  on  and  after  September  1,  20__,  in   whole  or  in  part,  at  a  redemption  price  equal  to  the  principal  amount  of  the  Bonds  to  be   redeemed,  together  with  accrued  interest  thereon  to  the  date  fixed  for  redemption,  without   premium.     Mandatory  Redemption  From  Prepayments.    Special  Tax  Prepayments  and  any   corresponding  transfers  from  the  Reserve  Fund  pursuant  to  the  Fiscal  Agent  Agreement  shall   be  used  to  redeem  Bonds  on  the  next  Interest  Payment  Date  for  which  notice  of  redemption  can   timely  be  given  under  the  Fiscal  Agent  Agreement,  among  maturities  so  as  to  maintain   substantially  the  same  debt  service  profile  for  the  Bonds  as  in  effect  prior  to  such  redemption   and  by  lot  within  a  maturity,  at  a  redemption  price  (expressed  as  a  percentage  of  the  principal   amount  of  the  Bonds  to  be  redeemed),  as  set  forth  below,  together  with  accrued  interest  to  the   date  fixed  for  redemption:      Redemption  Date  Redemption  Price   Any  Interest  Payment  Date  on  or  before  March  1,  20__  103%   On  September  1,  20__  and  March  1,  20__  102   On  September  1,  20__  and  March  1,  20__  101   On  September  1,  20__  and  any  Interest  Payment  Date  thereafter  100     Mandatory  Sinking  Fund  Redemption.  The  Term  Bonds  maturing  on  September  1,   20__  are  subject  to  mandatory  partial  redemption  in  part  by  lot,  from  payments  made  by  the  City   from  the  Bond  Fund,  at  a  redemption  price  equal  to  the  principal  amount  thereof  to  be   redeemed,  together  with  accrued  interest  to  the  redemption  date,  without  premium,  in  the   aggregate  respective  principal  amounts  all  as  set  forth  in  the  following  table:       Mandatory  Partial   Redemption  Date   (September  1)     Principal  Amount   Subject  to  Redemption   20__  $   20__     20__     20__     8.1.d Packet Pg. 303 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­9-­   20__     20__     20__     20__  (Maturity)       If  some  but  not  all  of  the  Term  Bonds  have  been  redeemed  under  the  optional  or   extraordinary  redemption  provisions  described  above,  the  total  amount  of  all  future  Mandatory   Partial  Redemptions  shall  be  reduced  by  the  aggregate  principal  amount  of  Term  Bonds  so   redeemed,  to  be  allocated  among  such  Mandatory  Partial  Redemption  Dates  on  a  pro  rata  basis   in  integral  multiples  of  $5,000  as  determined  by  the  Fiscal  Agent,  notice  of  which  determination   (which  shall  consist  of  a  revised  mandatory  partial  redemption  schedule)  shall  be  given  by  the   City  to  the  Fiscal  Agent.     Purchase  In  Lieu  of  Redemption.  In  lieu  of  optional  redemption,  moneys  in  the  Bond   Fund  or  other  funds  provided  by  the  City  may  be  used  and  withdrawn  by  the  Fiscal  Agent  for   purchase  of  Outstanding  Bonds,  upon  the  filing  with  the  Fiscal  Agent  of  an  Officer’s  Certificate   requesting  such  purchase,  at  public  or  private  sale  as  and  when,  and  at  such  prices  (including   brokerage  and  other  charges)  as  such  Officer’s  Certificate  may  provide,  but  in  no  event  may   Bonds  be  purchased  at  a  price  in  excess  of  the  principal  amount  thereof,  plus  interest  accrued   to  the  date  of  purchase  and  any  premium  which  would  otherwise  be  due  if  such  Bonds  were  to   be  redeemed  in  accordance  with  this  Agreement.    Any  Bonds  purchased  pursuant  to  these   provisions  shall  be  treated  as  outstanding  Bonds  under  this  Fiscal  Agent  Agreement,  except  to   the  extent  otherwise  directed  by  the  Administrative  Services  Director.     Redemption  Procedure  by  Fiscal  Agent.    The  Fiscal  Agent  will  cause  notice  of  any   redemption  to  be  mailed  by  first  class  mail,  postage  prepaid,  at  least  thirty  (30)  days  but  not   more  than  sixty  (60)  days  prior  to  the  date  fixed  for  redemption,  to  the  Securities  Depositories,   to  one  or  more  Information  Services,  and  to  the  respective  registered  Owners  of  any  Bonds   designated  for  redemption,  at  their  addresses  appearing  on  the  Bond  registration  books  in  the   Principal  Office  of  the  Fiscal  Agent;;  but  such  mailing  shall  not  be  a  condition  precedent  to  such   redemption  and  failure  to  mail  or  to  receive  any  such  notice,  or  any  defect  therein,  shall  not   affect  the  validity  of  the  proceedings  for  the  redemption  of  such  Bonds.     Such  notice  shall  state  the  redemption  date  and  the  redemption  price  and,  if  less  than  all   of  the  then  Outstanding  Bonds  are  to  be  called  for  redemption  shall  state  as  to  any  Bond  called   in  part  the  principal  amount  thereof  to  be  redeemed,  and  shall  require  that  such  Bonds  be  then   surrendered  at  the  Principal  Office  of  the  Fiscal  Agent  for  redemption  at  the  said  redemption   price,  and  shall  state  that  further  interest  on  such  Bonds  will  not  accrue  from  and  after  the   redemption  date.  The  cost  of  mailing  any  such  redemption  notice  and  any  expenses  incurred  by   the  Fiscal  Agent  in  connection  therewith  shall  be  paid  by  the  City  from  amounts  in  the   Administrative  Expense  Fund     The  City  has  the  right  to  rescind  any  notice  of  the  optional  redemption  of  Bonds  by   written  notice  to  the  Fiscal  Agent  on  or  prior  to  the  date  fixed  for  redemption.    Any  notice  of   redemption  shall  be  cancelled  and  annulled  if  for  any  reason  funds  will  not  be  or  are  not   available  on  the  date  fixed  for  redemption  for  the  payment  in  full  of  the  Bonds  then  called  for   redemption,  and  such  cancellation  shall  not  constitute  a  default  under  this  Agreement.    The  City   and  the  Fiscal  Agent  have  no  liability  to  the  Owners  or  any  other  party  related  to  or  arising  from   such  rescission  of  redemption.  The  Fiscal  Agent  shall  give  notice  of  such  rescission  of   redemption  in  the  same  manner  as  the  original  notice  of  redemption  was  sent.     8.1.d Packet Pg. 304 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­10-­   Whenever  provision  is  made  in  the  Fiscal  Agent  Agreement  for  the  redemption  of  less   than  all  of  the  Bonds,  the  Fiscal  Agent  shall  select  the  Bonds  to  be  redeemed,  from  all  Bonds  or   such  given  portion  thereof  not  previously  called  for  redemption,  among  maturities  so  as  to   maintain  substantially  the  same  debt  service  profile  for  the  Bonds  as  in  effect  prior  to  such   redemption,  and  by  lot  within  a  maturity.     Effect  of  Redemption.    From  and  after  the  date  fixed  for  redemption,  if  funds  available   for  the  payment  of  the  principal  of,  and  interest  and  any  premium  on,  the  Bonds  so  called  for   redemption  shall  have  been  deposited  in  the  Bond  Fund,  such  Bonds  so  called  shall  cease  to   be  entitled  to  any  benefit  under  this  Agreement  other  than  the  right  to  receive  payment  of  the   redemption  price,  and  no  interest  shall  accrue  thereon  on  or  after  the  redemption  date  specified   in  the  notice  of  redemption.     Transfer  or  Exchange  of  Bonds       So  long  as  the  Bonds  are  registered  in  the  name  of  Cede  &  Co.,  as  nominee  of  DTC,   transfers  and  exchanges  of  Bonds  will  be  made  in  accordance  with  DTC  procedures.    See   “Appendix  H”  below.    Any  Bond  may,  in  accordance  with  its  terms,  be  transferred  or  exchanged   by  the  person  in  whose  name  it  is  registered,  in  person  or  by  his  duly  authorized  attorney,  upon   surrender  of  such  Bond  for  cancellation,  accompanied  by  delivery  of  a  duly  written  instrument  of   transfer  in  a  form  approved  by  the  Fiscal  Agent.    Whenever  any  Bond  or  Bonds  are  surrendered   for  transfer  or  exchange,  the  City  will  execute  and  the  Fiscal  Agent  will  authenticate  and  deliver   a  new  Bond  or  Bonds,  for  a  like  aggregate  principal  amount  of  Bonds  of  authorized   denominations  and  of  the  same  maturity.    The  cost  for  any  services  rendered  or  any  expenses   incurred  by  the  Fiscal  Agent  in  connection  with  any  such  transfer  or  exchange  will  be  paid  by   the  City.    The  Fiscal  Agent  will  collect  from  the  Owner  requesting  such  transfer  any  tax  or  other   governmental  charge  required  to  be  paid  with  respect  to  such  transfer  or  exchange.     No  transfers  or  exchanges  of  Bonds  shall  be  required  to  be  made  (i)  fifteen  days  prior  to   the  date  established  by  the  Fiscal  Agent  for  selection  of  Bonds  for  redemption  or  (ii)  with  respect   to  a  Bond  after  such  Bond  has  been  selected  for  redemption;;  or  (iii)  between  a  Record  Date  and   the  succeeding  Interest  Payment  Date.       8.1.d Packet Pg. 305 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­11-­   ESTIMATED  SOURCES  AND  USES  OF  FUNDS     A  summary  of  the  estimated  sources  and  uses  of  funds  associated  with  the  sale  of  the   Bonds  follows:     Estimated  Sources  of  Funds:     Principal  Amount  of  Bonds     Less/Plus  Net  Original  Issue   Discount/Premium     Total         Estimated  Uses  of  Funds:     Deposit  to  Improvement  Fund     Deposit  to  Reserve  Fund     Deposit  to  Bond  Fund  (1)     Costs  of  Issuance  (2)     Total               (1)  Represents  an  amount,  when  combined  with  interest  earnings,  is  scheduled  to  provide   for  the  payment  of  interest  on  the  Bonds  up  to  and  including  ____1,  20__.  (2)  Includes  Underwriter’s  discount,  initial  fees,  expenses  and  charges  of  the  Fiscal  Agent,   legal  fees,  costs  of  printing  the  Official  Statement,  fees  of  the  special  tax  consultant,   Appraiser  and  Municipal  Advisor,  and  other  costs  of  issuance.       8.1.d Packet Pg. 306 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­12-­   SECURITY  AND  SOURCES  OF  PAYMENT  FOR  THE  BONDS     Pledge  of  Special  Tax  Revenues     General.    The  Bonds  are  secured  by  a  first  pledge  of  by  a  first  pledge  (which  pledge   shall  be  effected  in  the  manner  and  to  the  extent  provided  in  the  Fiscal  Agent  Agreement)  of  all   of  the  Special  Tax  Revenues  (other  than  the  Special  Tax  Revenues  to  be  deposited  into  the   Administrative  Expense  Fund  or  the  Remainder  Taxes  Fund  of  the  Improvement  Fund  pursuant   to  the  Fiscal  Agent  Agreement  (as  described  below)  and  all  moneys  deposited  in  the  Bond  Fund   (including  the  Capitalized  Interest  Account  and  the  Special  Tax  Prepayments  Account)  and  the   Reserve  Fund,  and,  until  disbursed  as  provided  in  the  Fiscal  Agent  Agreement,  in  the  Special   Tax  Fund.    The  Special  Tax  Revenues  (other  than  the  Special  Tax  Revenues  to  be  deposited   into  the  Administrative  Expense  Fund  or  the  Remainder  Taxes  Fund  of  the  Improvement  Fund   pursuant  to  the  Fiscal  Agent  Agreement)  and  all  moneys  deposited  into  such  funds  (except  as   otherwise  provided  in  the  Fiscal  Agent  Agreement)  are  dedicated  to  the  payment  of  the  principal   of,  and  interest  and  any  premium  on,  the  Bonds  as  provided  in  the  Fiscal  Agent  Agreement  and   in  the  Act  until  all  of  the  Bonds  have  been  paid  and  retired  or  until  moneys  or  Federal  Securities   have  been  set  aside  irrevocably  for  that  purpose.  See  “–Special  Tax  Fund,”  and  “–Improvement   Fund,”  below.     Amounts  in  the  Improvement  Fund  (including  the  Remainder  Taxes  Fund  therein),  the   Administrative  Expense  Fund,  and  the  Costs  of  Issuance  Fund  are  not  pledged  to  the   repayment  of  the  Bonds.  The  Authorized  Improvements  financed  by  the  Bonds  are  not  pledged   to  the  repayment  of  the  Bonds,  nor  are  the  proceeds  of  any  condemnation  or  insurance  award   received  by  the  City  with  respect  to  the  facilities  authorized  to  be  financed  by  the  District.       Definitions.    “Special  Tax  Revenues”  is  defined  in  the  Fiscal  Agent  Agreement  to   mean  the  proceeds  of  the  Special  Tax  received  by  the  City,  including  (a)  any  scheduled   payments  thereof,  (b)  any  Special  Tax  Prepayments,  (c)  the  proceeds  of  the  redemption  of  any   delinquent  payments  of  the  Special  Tax  and  (d)  the  proceeds  of  redemption  or  sale  of  property   sold  as  a  result  of  foreclosure  on  account  of  delinquent  payments  of  the  Special  Tax,  but   excluding  therefrom  any  penalties  collected  in  connection  with  any  such  foreclosure.     “Special  Tax”  or  “Special  Taxes”  means  the  Special  Tax  (as  defined  in  the  Rate  and   Method)  levied  by  the  City  pursuant  to  the  Rate  and  Method  within  Improvement  Area  No.  1   under  the  Act,  the  Ordinance  and  the  Fiscal  Agent  Agreement.    See  “–Special  Tax   Methodology”  below  and  “APPENDIX  A  —  RATE  AND  METHOD  OF  APPORTIONMENT  OF   SPECIAL  TAX.”     Deposit  and  Use  of  Proceeds  of  Bonds       The  Bonds  are  additionally  secured  by  amounts  generated  from  certain  proceeds  of  the   Bonds,  together  with  interest  earnings  thereon  pledged  under  the  Fiscal  Agent  Agreement.     Certain  proceeds  of  the  Bonds  will  be  paid  to  the  Fiscal  Agent,  who  will  deposit  such  proceeds   in  the  Reserve  Fund,  Improvement  Fund,  Bond  Fund  and  Costs  of  Issuance  Fund  established   under  the  Fiscal  Agent  Agreement.    See  “APPENDIX  C  –  SUMMARY  OF  CERTAIN   PROVISIONS  OF  THE  FISCAL  AGENT  AGREEMENT”  for  information  on  use  of  the  moneys,   including  investment  earnings  thereon,  in  the  various  funds  established  under  the  Fiscal  Agent   Agreement.    See  also  “–Reserve  Fund”  and  “–Improvement  Fund”  below.       8.1.d Packet Pg. 307 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­13-­   Special  Taxes     A  Special  Tax  applicable  to  each  taxable  parcel  in  Improvement  Area  No.  1  will  be  levied   and  collected  according  to  the  tax  liability  determined  by  the  City  Council  through  the  application   of  the  Rate  and  Method  prepared  by  Goodwin  Consulting  Group,  Inc.,  Sacramento,  California   (the  “Special  Tax  Consultant”),  which  is  set  forth  in  APPENDIX  A  hereto,  for  all  taxable   properties  in  Improvement  Area  No.  1.    Interest  and  principal  on  the  Bonds  is  payable  from  the   annual  Special  Taxes  to  be  levied  and  collected  on  taxable  property  within  Improvement  Area   No.  1,  from  amounts  held  in  the  funds  and  accounts  established  under  the  Fiscal  Agent   Agreement  (other  than  the  Rebate  Fund,  Administrative  Expense  Fund  or  the  Remainder  Taxes   Fund)  and  from  the  proceeds,  if  any,  from  the  sale  of  such  property  for  delinquency  of  such   Special  Taxes.     The  Special  Taxes  are  collected  for  the  City  by  the  County  of  Alameda  in  the  same   manner  and  at  the  same  time  as  ad  valorem  property  taxes.     The  Special  Taxes  are  exempt  from  the  property  tax  limitation  of  Article  XIIIA  of  the   California  Constitution,  pursuant  to  Section  4  thereof  as  a  “special  tax”  authorized  by  a  two-­ thirds  vote  of  the  qualified  electors.    The  levy  of  the  Special  Taxes  was  authorized  by  the  City   pursuant  to  the  Act  in  an  amount  determined  according  to  the  Rate  and  Method  approved  by  the   City.    See  “Special  Tax  Methodology”  below  and  “APPENDIX  A  —  RATE  AND  METHOD  OF   APPORTIONMENT  OF  SPECIAL  TAX.”     The  Rate  and  Method  apportions  the  Special  Tax  Requirement  (as  defined  in  the  Rate   and  Method  and  described  below)  among  the  taxable  parcels  of  real  property  within   Improvement  Area  No.  1  according  to  the  rate  and  methodology  set  forth  in  the  Rate  and   Method.    See  “Special  Tax  Methodology”  below.    See  also  “APPENDIX  A  —  RATE  AND   METHOD  OF  APPORTIONMENT  OF  SPECIAL  TAX.”  The  amount  of  Special  Taxes  that   Improvement  Area  No.  1  may  levy  in  any  year,  and  from  which  principal  and  interest  on  the   Bonds  is  to  be  paid,  is  strictly  limited  by  the  maximum  rates  approved  by  the  qualified  electors   within  the  District  which  are  set  forth  as  the  annual  “Maximum  Special  Tax”  in  the  Rate  and   Method.    Under  the  Rate  and  Method,  Special  Taxes  will  be  levied  annually  in  an  amount  not  in   excess  of  the  annual  Maximum  Special  Tax.    The  Special  Taxes  and  any  interest  earned  on  the   Special  Taxes  once  deposited  in  the  Special  Tax  Fund  constitute  a  trust  fund  for  the  principal  of   and  interest  on  the  Bonds  pursuant  to  the  Fiscal  Agent  Agreement  and,  so  long  as  the  principal   of  and  interest  on  the  Bonds  remains  unpaid,  the  Special  Taxes  and  investment  earnings   thereon  (other  than  annual  Remainder  Taxes)  will  not  be  used  for  any  other  purpose,  except  as   permitted  by  the  Fiscal  Agent  Agreement,  and  will  be  held  in  trust  for  the  benefit  of  the  owners   thereof  and  will  be  applied  pursuant  to  the  Fiscal  Agent  Agreement.     The  City  may  annually  levy  the  Special  Tax  at  up  to  the  Maximum  Special  Tax  rate,   which  has  been  authorized  by  the  qualified  electors  within  Improvement  Area  No.  1,  as  set  forth   in  the  Rate  and  Method,  if  conditions  so  require,  however  regularly  scheduled  debt  service  on   the  Bonds  is  payable  from  an  amount  less  than  that  which  could  be  generated  by  levy  of  the   Maximum  Special  Tax.    The  City  has  covenanted  to  annually  levy  the  Special  Taxes  in  an   amount  at  least  sufficient  to  pay  the  Special  Tax  Requirement  (as  defined  below).  Because   each  annual  Special  Tax  levy  is  limited  to  the  Maximum  Special  Tax  rates  authorized  as  set   forth  in  the  Rate  and  Method,  no  assurance  can  be  given  that,  in  the  event  of  Special  Tax   delinquencies,  the  amount  of  the  Special  Tax  Requirement  will  in  fact  be  collected  in  any  given   year.    See  “SPECIAL  RISK  FACTORS  —  Levy  and  Collection  of  the  Special  Tax”  herein.         8.1.d Packet Pg. 308 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­14-­   Special  Tax  Methodology     The  Special  Tax  authorized  under  the  Act  applicable  to  land  within  Improvement  Area   No.  1  will  be  levied  and  collected  according  to  the  tax  liability  determined  by  the  City  through  the   application  of  the  appropriate  amount  or  rate  as  described  in  the  Rate  and  Method  set  forth  in   “APPENDIX  A  —  RATE  AND  METHOD  OF  APPORTIONMENT  OF  SPECIAL  TAX.”     Capitalized  terms  set  forth  in  this  section  and  not  otherwise  defined  have  the  meanings  set  forth   in  the  Rate  and  Method.       Parcels  Subject  to  the  Special  Tax.  For  each  Fiscal  Year,  the  City  shall  (i)  categorize   each  Parcel  of  Taxable  Property  as  Developed  Property  or  Undeveloped  Property,   (ii)  categorize  each  Parcel  of  Developed  Property  as  Single  Family  Detached  Property,  Multi-­ Family  Property,  or  Taxable  Non-­Residential  Property,  and  (iii)  determine  if  there  is  any  Taxable   Homeowners  Association  Property  or  Taxable  Public  Property.  For  Multi-­Family  Property,  the   number  of  Residential  Units  shall  be  determined  by  referencing  the  condominium  or  apartment   plan,  site  plan  or  other  development  plan.       Annual  Special  Tax  Levy.  The  Special  Tax  levy  for  each  Parcel  will  be  established   annually  based  on  the  “Special  Tax  Requirement”  which  is  defined  as,  for  each  Fiscal  Year,   the  amount  necessary  in  any  Fiscal  Year  (i)  to  pay  principal  and  interest  on  Bonds  which  are   due  in  the  calendar  year  which  begins  in  such  Fiscal  Year,  (ii)  to  create  and/or  replenish  reserve   funds  for  the  Bonds  to  the  extent  such  replenishment  has  not  been  included  in  the  computation   of  Special  Tax  Requirement  in  a  previous  Fiscal  Year,  (iii)  to  cure  any  delinquencies  in  the   payment  of  principal  or  interest  on  Bonds  which  have  occurred  in  the  prior  Fiscal  Year,  (iv)  to   pay  Administrative  Expenses,  and  (v)  to  pay  the  costs  of  Authorized  Facilities  so  long  as  the   direct  payment  for  Authorized  Facilities  does  not  increase  the  Special  Taxes  on  Undeveloped   Property.  The  Special  Tax  Requirement  may  be  reduced  in  any  Fiscal  Year  by  (i)  interest   earnings  on  or  surplus  balances  in  funds  and  accounts  for  the  Bonds  to  the  extent  that  such   earnings  or  balances  are  available  to  apply  against  debt  service  pursuant  to  the  Indenture  or   other  legal  document  that  sets  forth  these  terms,  (ii)  proceeds  from  the  collection  of  penalties   associated  with  delinquent  Special  Taxes,  and  (iii)  any  other  revenues  available  to  pay  debt   service  on  the  Bonds  as  determined  by  the  Administrator.     Termination  of  the  Special  Tax.    The  Special  Tax  will  be  levied  and  collected  for  as   long  as  needed  to  pay  the  principal  and  interest  on  the  Bonds  and  other  costs  incurred  in  order   to  construct  the  Authorized  Facilities  and  all  Administrative  Expenses  have  been  paid  or   reimbursed.    The  Rate  and  Method  provides  that  the  Special  Tax  may  not  be  levied  on  any   parcel  in  Improvement  Area  No.  1  after  fiscal  year  2050-­51.     Prepayment  of  the  Special  Tax.  Landowners  may  permanently  satisfy  all  or  part  of  the   Special  Tax  obligation  by  a  cash  settlement  with  the  City  as  permitted  under  Government  Code   Section  53344  and  in  accordance  with  the  methodology  for  calculation  included  in  the  Rate  and   Method.    Under  no  circumstance  shall  a  prepayment  be  allowed  that  would  reduce  debt  service   coverage  below  the  Required  Coverage  (as  defined  in  the  Rate  and  Method).     Levy  of  Annual  Special  Tax;;  Annual  Maximum  Special  Tax       The  annual  Special  Tax  levy  amount  will  be  calculated  by  the  City  and  levied  to  provide   money  for  debt  service  on  the  Bonds,  replenishment  of  the  Reserve  Fund,  anticipated  Special   Tax  delinquencies,  administration  of  Improvement  Area  No.  1,  and  for  payment  of  pay-­as-­you-­ go  expenditures  of  the  Authorized  Improvements  or  Authorized  Facilities  not  funded  from  Bond   8.1.d Packet Pg. 309 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­15-­   proceeds.    In  no  event  may  the  City  levy  a  Special  Tax  in  any  year  above  the  annual  Maximum   Special  Tax  rate  identified  in  the  Rate  and  Method.  See  “APPENDIX  A  -­  RATE  AND  METHOD   OF  APPORTIONMENT  OF  SPECIAL  TAX.”     The  Special  Tax  will  be  levied  in  an  amount  at  least  equal  to  the  Special  Tax   Requirement  as  described  in  the  Rate  and  Method  and,  during  the  Remainder  Taxes  Period,   shall  be  levied  on  Developer  Property  in  an  amount  up  to  the  maximum  rates,  with  any  Special   Taxes  remaining  after  paying  debt  service  on  the  Bonds  being  used  to  finance  Authorized   Improvements.  The  “Remainder  Taxes  Period”  means  the  period  through  and  including  the  date   that  is  the  earlier  of  (i)  the  end  of  the  15th  Fiscal  Year  after  which  Special  Taxes  have  been   levied  on  the  property  in  Improvement  Area  No.  1  or  (ii)  the  date  the  Project  has  been  fully   funded.         The  annual  Maximum  Special  Tax  levy  for  Improvement  Area  No.  1  ranges  (based  on   unit  square  footage)  from  $4,174  to  $4,878  per  detached  single  family  residential  unit  and  from   $3,273  to  $4,087  per  multi-­family  residential  unit  for  the  Fiscal  Year  2015-­16  base  year,  and  in   each  subsequent  Fiscal  Year  shall  be  increased  by  an  amount  equal  to  2%  of  the  amount  in   effect  for  prior  Fiscal  Year.       The  property  in  Improvement  Area  No.  1  is  also  subject  to  an  annual  bonded  special  tax   of  the  City’s  Community  Facilities  District  No.  2017-­1  (Dublin  Crossing  –  Public  Services)  (the   “Services  CFD”)  which  includes  all  of  the  property  in  Improvement  Area  No.  1  of  the  District.     For  tax  year  2017-­18,  the  per-­residential  unit  annual  maximum  special  tax  of  the  Services  CFD   ranges  from  $49-­$57  for  single-­family  detached  units  and  $38-­$48  for  multifamily  units.    The   maximum  special  tax  in  the  Services  CFD  shall  be  increased  on  each  July  1,  commencing  July   1,  2018,  by  four  percent  (4%)  of  the  immediately  preceding  maximum  amount.     See  also  “SECURITY  AND  SOURCES  OF  PAYMENT  FOR  THE  BONDS  —  Special  Tax   Methodology”  above.    See  “APPENDIX  A  -­  RATE  AND  METHOD  OF  APPORTIONMENT  OF   SPECIAL  TAX”  for  a  copy  of  the  Rate  and  Method.         Limitation  on  Maximum  Annual  Special  Tax  Rate.    The  annual  levy  of  the  Special  Tax   is  subject  to  the  maximum  annual  Special  Tax  rate  authorized  in  the  Rate  and  Method.    The   levy  cannot  be  made  at  a  higher  rate  even  if  the  failure  to  do  so  means  that  the  estimated   proceeds  of  the  levy  and  collection  of  the  Special  Tax,  together  with  other  available  funds,  will   not  be  sufficient  to  pay  debt  service  on  the  Bonds.       In  addition  to  the  maximum  annual  Special  Tax  rate  limitation  in  the  Rate  and  Method,   Section  53321(d)  of  the  Act  provides  that  the  special  tax  levied  against  any  parcel  for  which  an   occupancy  permit  for  private  residential  use  has  been  issued  may  not  be  increased  as  a   consequence  of  delinquency  or  default  by  the  owner  of  any  other  parcel  within  a  community   facilities  district  by  more  than  10%  above  the  amount  that  would  have  been  levied  in  such  fiscal   year  had  there  never  been  any  such  delinquencies  or  defaults.  In  cases  of  significant   delinquency,  this  limitation  may  result  in  defaults  in  the  payment  of  principal  of  and  interest  on   the  Bonds.         8.1.d Packet Pg. 310 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­16-­   Special  Tax  Fund       The  Special  Tax  Fund  is  established  under  the  Fiscal  Agent  Agreement  as  a  separate   fund  to  be  held  by  the  Fiscal  Agent,  to  the  credit  of  which  the  Fiscal  Agent  shall  deposit   amounts  received  from  or  on  behalf  of  the  City  consisting  of  Special  Tax  Revenues  and  other   amounts  as  required  by  the  Fiscal  Agent  Agreement.       Deposit  of  Special  Tax  Revenues.  The  City  is  obligated  by  the  Fiscal  Agent  Agreement   to  promptly  remit  any  Special  Tax  Revenues  received  by  the  City  to  the  Fiscal  Agent  for  deposit   by  the  Fiscal  Agent  in  the  Special  Tax  Fund  established  under  the  Fiscal  Agent  Agreement.     Notwithstanding  the  foregoing:     (i)  Special  Tax  Revenues  in  an  amount  not  to  exceed  the  lesser  of  (a)  the  amount   included  in  the  Special  Tax  levy  for  such  Fiscal  Year  for  Administrative  Expenses  and  (b)  the   Priority  Administrative  Expenses  Amount  (described  below)  for  such  Fiscal  Year  shall  be   separately  identified  by  the  Director  of  Administrative  Services  and  shall  be  deposited  by  the   Director  of  Administrative  Services  in  the  Administrative  Expense  Fund;;     (ii)  any  Special  Tax  Revenues  constituting  the  collection  of  delinquencies  in   payment  of  Special  Taxes  shall  be  separately  identified  by  the  Administrative  Services  Director   and  will  be  disposed  of  by  the  Fiscal  Agent  first,  for  transfer  to  the  Bond  Fund  to  pay  any  past   due  debt  service  on  the  Bonds;;  second,  for  transfer  to  the  Reserve  Fund  to  the  extent  needed  to   increase  the  amount.  then  on  deposit  in  the  Reserve  Fund  up  to  the  then  Reserve  Requirement;;   and  third,  to  be  held  in  the  Special  Tax  Fund  and  used  as  described  under  "–Disbursements"   below;;     (iii)  any  proceeds  of  Special  Tax  Prepayments  will  be  separately  identified  by  the   Director  of  Administrative  Services  and  will  be  deposited  by  the  Fiscal  Agent  as  follows  (as   directed  in  writing  by  the  Director  of  Administrative  Services):  (a)  that  portion  of  any  Special  Tax   Prepayment  constituting  a  prepayment  of  costs  of  the  Authorized  Improvements  shall  be   deposited  by  the  Fiscal  Agent  to  the  Improvement  Fund  and  (b)  the  remaining  Special  Tax   Prepayment  shall  be  deposited  by  the  Fiscal  Agent  in  the  Special  Tax  Prepayments  Account.     Moneys  in  the  Special  Tax  Fund  will  be  held  by  the  Fiscal  Agent  for  the  benefit  of  the   City  and  the  Owners  of  the  Bonds,  will  be  disbursed  as  provided  below  and,  pending   disbursement,  will  be  subject  to  a  lien  in  favor  of  the  Owners  of  the  Bonds.     Disbursements.  On  the  third  Business  Day  before  each  Interest  Payment  Date,  the   Fiscal  Agent  will  withdraw  from  the  Special  Tax  Fund  and  transfer  the  following  amounts  in  the   following  order  of  priority:     (i)  to  the  Bond  Fund  an  amount,  taking  into  account  any  amounts  then  on  deposit  in   the  Bond  Fund  and  any  expected  transfers  under  the  Fiscal  Agent  Agreement  from  the  Reserve   Fund,  the  Capitalized  Interest  Account,  the  Special  Tax  Prepayments  Account  and  the   Improvement  Fund  (including  the  Remainder  Taxes  Fund  therein)  to  the  Bond  Fund,  such  that   the  amount  in  the  Bond  Fund  equals  the  principal  (including  any  mandatory  sinking  payment),   premium,  if  any,  and  interest  due  on  the  Bonds  on  the  next  Interest  Payment  Date  and  any  past   due  principal  or  interest  on  the  Bonds  not  theretofore  paid  from  a  transfer  described  in  the  Fiscal   Agent  Agreement,  and     8.1.d Packet Pg. 311 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­17-­   (ii)  to  the  Reserve  Fund  an  amount,  taking  into  account  amounts  then  on  deposit  in   the  Reserve  Fund,  such  that  the  amount  in  the  Reserve  Fund  is  equal  to  the  Reserve   Requirement.     Each  calendar  year,  following  the  transfers  described  in  the  preceding  paragraph  for  the   March  1  Interest  Payment  Date  occurring  in  such  calendar  year,  when  amounts  (including   investment  earnings)  have  been  accumulated  in  the  Special  Tax  Fund  sufficient  to  make  the   transfers  described  in  the  preceding  paragraph  for  the  September  Interest  Payment  Date   occurring  in  such  calendar  year,  (i)  the  Director  of  Administrative  Services  shall,  for  the   Remainder  Taxes  Period,  on  September  2,  direct  the  Fiscal  Agent  to  transfer  all  moneys  in  the   Special  Tax  Fund  in  excess  of  the  amounts  needed  for  such  September  1  Interest  Payment   Date  to  the  Remainder  Taxes  Fund  of  the  Improvement  Fund  and  (ii)  the  Director  of   Administrative  Services,  after  the  Remainder  Taxes  Period,,  during  the  period  up  to  but  not   including  December  10  of  such  calendar  year,  may  in  his  or  her  sole  discretion  dispose  of   moneys  in  :the  Special  Tax  Fund  in  excess  of  the  amounts  needed  for  such  September   1Interest  Payment  Date  as  follows:  (a)  transfer  money  to  the  Fiscal  Agent  for  deposit  in  the   Improvement  Fund  for  payment  or  reimbursement  of  the  costs  of  the  Authorized  Improvements   and  (b)  transfer  money  to  the  Administrative  Expense  Fund  in  an  amount  not  to  exceed  the   amount  included  in  the  Special  Tax  levy  for  such  Fiscal  Year,  after  deducting  the  amount   deposited  in  the  Administrative  Expense  Fund  as  described  in  clause  (i)  under  “–Deposit  of   Special  Tax  Revenues”  above.     Administrative  Expense  Fund         Moneys  in  the  Administrative  Expense  Fund  shall  be  held  by  the  Director  of   Administrative  Services  for  the  benefit  of  the  City,  and  shall  be  disbursed  as  provided  below.   Under  the  Fiscal  Agent  Agreement,  Special  Tax  Revenues  in  an  amount  not  to  exceed  the   lesser  of  (a)  the  amount  included  in  the  Special  Tax  levy  for  such  Fiscal  Year  for  Administrative   Expenses  and  (b)  the  Priority  Administrative  Expenses  Amount  for  such  Fiscal  Year  shall  be   separately  identified  by  the  Administrative  Services  Director  and  shall  be  deposited  by  the   Administrative  Services  Director  in  the  Administrative  Expense  Fund.    “Priority  Administrative   Expenses  Amount”  means  (i)  for  Fiscal  Year  20__-­__,  the  amount  of  $25,000  and  (ii)  for  each   succeeding  Fiscal  Year,  the  sum  of  (A)  the  Priority  Administrative  Expenses  Amount  for  the   preceding  Fiscal  Year  plus  (B)  2%  of  the  Priority  Administrative  Expenses  Amount  for  the   preceding  Fiscal  Year.       Annually,  on  the  last  day  of  each  Fiscal  Year,  the  Director  of  Administrative  Services   shall  withdraw  from  the  Administrative  Expense  Fund  and  transfer  to  the  Fiscal  Agent  for   deposit  into  the  Special  Tax  Fund  any  amount  in  excess  of  that  which  is  needed  to  pay  any   Administrative  Expenses  incurred  but  not  yet  paid,  and  which  is  not  otherwise  encumbered.         Reserve  Fund     A  Reserve  Fund  (the  "Reserve  Fund")  for  the  Bonds  will  be  established  under  the   Fiscal  Agent  Agreement,  to  be  held  by  the  Fiscal  Agent.    Upon  delivery  of  the  Bonds,  the   amount  on  deposit  in  the  Reserve  Fund  will  be  established  by  depositing  certain  proceeds  of  the   Bonds  in  the  amount  of  the  "Reserve  Requirement"  for  the  Bonds,  which  is,  as  of  the  date  of   any  calculation,  an  amount  equal  to  the  least  of  (i)  Maximum  Annual  Debt  Service  on  the   Outstanding  Bonds,  (ii)  125%  of  average  Annual  Debt  Service  on  the  Outstanding  Bonds  and   (iii)  10%  of  the  original  principal  amount  of  the  Bonds.    The  City  is  required  to  maintain  an   amount  of  money  or  other  security  equal  to  the  Reserve  Requirement  in  the  Reserve  Fund  at  all   8.1.d Packet Pg. 312 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­18-­   times  that  the  Bonds  are  outstanding.  All  amounts  deposited  in  the  Reserve  Fund  will  be  used   and  withdrawn  by  the  Fiscal  Agent  solely  for  the  purpose  of  making  transfers  to  the  Bond  Fund   in  the  event  of  any  deficiency  at  any  time  in  the  Bond  Fund  of  the  amount  then  required  for   payment  of  the  principal  of,  and  interest  on,  the  Bonds.    Whenever  transfer  is  made  from  the   Reserve  Fund  to  the  Bond  Fund  due  to  a  deficiency  in  the  Bond  Fund,  the  Fiscal  Agent  will   provide  written  notice  thereof  to  the  City.     Whenever,  on  the  Business  Day  prior  to  any  Interest  Payment  Date,  the  amount  in  the   Reserve  Fund  exceeds  the  then  applicable  Reserve  Requirement,  the  Fiscal  Agent  will  transfer   an  amount  equal  to  the  excess  from  the  Reserve  Fund  to  the  Bond  Fund  or  the  Improvement   Fund  as  provided  below,  except  that  investment  earnings  on  amounts  in  the  Reserve  Fund  may   be  withdrawn  from  the  Reserve  Fund  for  purposes  of  making  payment  to  the  Federal   government  to  comply  with  rebate  requirements.     Moneys  in  the  Reserve  Fund  will  be  invested  and  deposited  in  accordance  with  the   Fiscal  Agent  Agreement.    Interest  earnings  and  profits  resulting  from  the  investment  of  moneys   in  the  Reserve  Fund  and  other  moneys  in  the  Reserve  Fund  will  remain  therein  until  the  balance   exceeds  the  Reserve  Requirement;;  any  amounts  in  excess  of  the  Reserve  Requirement  will  be   transferred  to  the  Improvement  Fund,  if  the  Authorized  Improvements  have  not  been  completed,   or  if  the  Authorized  Improvements  have  been  completed,  to  the  Bond  Fund  to  be  used  for  the   payment  of  the  principal  of  and  interest  on  the  Bonds  in  accordance  with  the  Fiscal  Agent   Agreement.     Whenever  the  balance  in  the  Reserve  Fund  exceeds  the  amount  required  to  redeem  or   pay  the  Outstanding  Bonds,  including  interest  accrued  to  the  date  of  payment  or  redemption   and  premium,  if  any,  due  upon  redemption,  and  make  any  other  transfer  required  under  the   Fiscal  Agent  Agreement,  the  Fiscal  Agent  will  transfer  the  amount  in  the  Reserve  Fund  to  the   Bond  Fund  to  be  applied,  on  the  next  succeeding  Interest  Payment  Date,  to  the  payment  and   redemption  of  all  of  the  Outstanding  Bonds.    If  the  amount  so  transferred  from  the  Reserve   Fund  to  the  Bond  Fund  exceeds  the  amount  required  to  pay  and  redeem  the  Outstanding   Bonds,  the  balance  in  the  Reserve  Fund  will  be  transferred  to  the  City,  after  payment  of  any   amounts  due  the  Fiscal  Agent,  to  be  used  for  any  lawful  purpose  of  the  City.     Improvement  Fund     Under  the  Fiscal  Agent  Agreement,  there  is  established  an  Improvement  Fund  (and  a   Remainder  Taxes  Fund  as  a  subaccount  therein),  which  is  to  be  held  by  the  Fiscal  Agent  and  to   the  credit  of  which  fund  deposits  shall  be  made  as  required  by  the  Fiscal  Agent  Agreement.     Moneys  in  the  Improvement  Fund  and  Remainder  Taxes  Fund  will  be  disbursed  as  provided  in   the  Fiscal  Agent  Agreement  for  the  payment  or  reimbursement  of  the  costs  of  the  construction   and  acquisition  of  the  Authorized  Improvements  in  accordance  with  the  Acquisition  Agreement   (as  described  herein).    Interest  earnings  from  the  investment  of  amounts  in  the  Improvement   Fund  will  be  retained  in  the  Improvement  Fund  to  be  used  for  the  purposes  of  the  Improvement   Fund.         Upon  completion  of  the  Authorized  Improvements  and  payment  to  the  Developer   pursuant  to  the  Acquisition  Agreement,  the  City  will  transfer  the  amount,  if  any,  remaining  in  the   Improvement  Fund  to  the  Fiscal  Agent  for  deposit  in  the  Bond  Fund  for  application  to  the   payment  of  principal  of  and  interest  on  the  Bonds  in  accordance  with  the  Fiscal  Agent   Agreement,  and  the  Improvement  Fund  (and  Remainder  Taxes  Fund  therein)  will  be  closed.           8.1.d Packet Pg. 313 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­19-­     Delinquent  Payments  of  Special  Tax;;  Covenant  for  Superior  Court  Foreclosure     The  Special  Tax  will  be  collected  in  the  same  manner  and  the  same  time  as  ad  valorem   property  taxes,  except  at  the  City’s  option,  the  Special  Taxes  may  be  billed  directly  to  property   owners.    In  the  event  of  a  delinquency  in  the  payment  of  any  installment  of  Special  Taxes,  the   City  is  authorized  by  the  Act  to  order  institution  of  an  action  in  superior  court  to  foreclose  the  lien   therefor.     The  City  has  covenanted  in  the  Fiscal  Agent  Agreement  with  and  for  the  benefit  of  the   Owners  of  the  Bonds  that  it  will  order,  and  cause  to  be  commenced  as  hereinafter  provided,  and   thereafter  diligently  prosecute  to  judgment  (unless  such  delinquency  is  theretofore  brought   current),  an  action  in  the  Alameda  County  Superior  Court  to  foreclose  the  lien  of  any  Special   Tax  or  installment  thereof  not  paid  when  due  as  provided  in  the  following  two  paragraphs.    The   Administrative  Services  Director  shall  notify  the  City  Attorney  of  any  such  delinquency  of  which   the  Administrative  Services  Director  is  aware,  and  the  City  Attorney  shall  commence,  or  cause   to  be  commenced,  such  proceedings.             On  or  about  June  1  of  each  Fiscal  Year,  the  Administrative  Services  Director  shall   compare  the  amount  of  Special  Taxes  theretofore  levied  in  Improvement  Area  No.  1  to  the   amount  of  Special  Tax  Revenues  theretofore  received  by  the  City,  and:       (i)  Individual  Delinquencies.    If  the  Administrative  Services  Director   determines  that  any  single  parcel  subject  to  the  Special  Tax  in  Improvement  Area   No.  1  is  delinquent  in  the  payment  of  Special  Taxes  in  the  aggregate  amount  of   $______  or  more,  then  the  Administrative  Services  Director  shall  send  or  cause   to  be  sent  a  notice  of  delinquency  (and  a  demand  for  immediate  payment   thereof)  to  the  property  owner  within  45  days  of  such  determination,  and,  if  the   delinquency  remains  uncured,  foreclosure  proceedings  shall  be  commenced  by   the  City  within  90  days  of  such  determination.       (ii)  Aggregate  Delinquencies.    If  the  Administrative  Services   Director  determines  that  the  total  amount  of  delinquent  Special  Tax  for  the  entire   Improvement  Area  No.  1,  (including  the  total  of  delinquencies  under  subsection   (A)  above),  exceeds  _________%  of  the  total  Special  Tax  due  and  payable  for   the  entire  Improvement  Area  No.  1,  the  Administrative  Services  Director  shall   notify  or  cause  to  be  notified  property  owners  who  are  then  delinquent  in  the   payment  of  Special  Taxes  (and  a  demand  immediate  payment  of  the   delinquency)  within  45  days  of  such  determination,  and  shall  commence   foreclosure  proceedings  within  90  days  of  such  determination  against  each   parcel  of  land  in  Improvement  Area  No.  1  for  which  a  Special  Tax  delinquency   remains  uncured.       Notwithstanding  the  foregoing,  the  Administrative  Services  Director  need  not  take  any   such  actions  with  respect  to  a  delinquent  parcel  if  (1)  Improvement  Area  No.  1  is  then   participating  in  the  Alternative  Method  of  Distribution  of  Tax  Levies  and  Collections  described  in   Revenue  &  Taxation  Code  Section  4701  et  seq.,  or  an  equivalent  procedure,  and  (2)  the   amount  in  the  Reserve  Fund  is  at  least  equal  to  the  Reserve  Requirement.       Under  the  Act,  foreclosure  proceedings  are  instituted  by  the  bringing  of  an  action  in  the   superior  court  of  the  county  in  which  the  parcel  lies,  naming  the  owner  and  other  interested   8.1.d Packet Pg. 314 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­20-­   persons  as  defendants.    The  action  is  prosecuted  in  the  same  manner  as  other  civil  actions.    In   such  action,  the  real  property  subject  to  the  special  taxes  may  be  sold  at  a  judicial  foreclosure   sale  for  a  minimum  price  which  will  be  sufficient  to  pay  or  reimburse  the  delinquent  special   taxes.     The  owners  of  the  Bonds  benefit  from  the  Reserve  Fund  established  pursuant  to  the   Fiscal  Agent  Agreement;;  however,  if  delinquencies  in  the  payment  of  the  Special  Taxes  with   respect  to  the  Bonds  are  significant  enough  to  completely  deplete  the  Reserve  Fund,  there   could  be  a  default  or  a  delay  in  payments  of  principal  and  interest  to  the  owners  of  the  Bonds   pending  prosecution  of  foreclosure  proceedings  and  receipt  by  the  City  of  the  proceeds  of   foreclosure  sales.    Provided  that  it  is  not  levying  the  Special  Tax  at  the  annual  Maximum  Special   Tax  rates  set  forth  in  the  Rate  and  Method,  the  City  may  adjust  (but  not  to  exceed  the  annual   Maximum  Special  Tax)  the  Special  Taxes  levied  on  all  property  within  Improvement  Area  No.  1   subject  to  the  Special  Tax  to  provide  an  amount  required  to  pay  debt  service  on  the  Bonds  and   to  replenish  the  Reserve  Fund.     Under  current  law,  a  judgment  debtor  (property  owner)  has  at  least  140  days  from  the   date  of  service  of  the  notice  of  levy  in  which  to  redeem  the  property  to  be  sold.    If  a  judgment   debtor  fails  to  redeem  and  the  property  is  sold,  his  or  her  only  remedy  is  an  action  to  set  aside   the  sale,  which  must  be  brought  within  90  days  of  the  date  of  sale.    If,  as  a  result  of  such  an   action  a  foreclosure  sale  is  set  aside,  the  judgment  is  revived  and  the  judgment  creditor  is   entitled  to  interest  on  the  revived  judgment  as  if  the  sale  had  not  been  made  (California  Code  of   Civil  Procedure  Section  701.680).     Foreclosure  by  court  action  is  subject  to  normal  litigation  delays,  the  nature  and  extent  of   which  are  largely  dependent  upon  the  nature  of  the  defense,  if  any,  put  forth  by  the  debtor  and   the  condition  of  the  calendar  of  the  superior  court  of  the  county.    Such  foreclosure  actions  can   be  stayed  by  the  superior  court  on  generally  accepted  equitable  grounds  or  as  the  result  of  the   debtor’s  filing  for  relief  under  the  Federal  bankruptcy  laws.    The  Act  provides  that,  upon   foreclosure,  the  Special  Tax  lien  will  have  the  same  lien  priority  as  is  provided  for  ad  valorem   taxes  and  special  assessments.       No  assurances  can  be  given  that  the  real  property  subject  to  a  judicial  foreclosure  sale   will  be  sold  or,  if  sold,  that  the  proceeds  of  sale  will  be  sufficient  to  pay  any  delinquent  Special   Tax  installment.    The  Act  does  not  require  the  District  to  purchase  or  otherwise  acquire  any  lot   or  parcel  of  property  foreclosed  upon  if  there  is  no  other  purchaser  at  such  sale.       Section  53356.6  of  the  Act  requires  that  property  sold  pursuant  to  foreclosure  under  the   Act  be  sold  for  not  less  than  the  amount  of  judgment  in  the  foreclosure  action,  plus  post-­ judgment  interest  and  authorized  costs,  unless  the  consent  of  the  owners  of  75%  of  the   outstanding  Bonds  is  obtained.    However,  under  Section  53356.6  of  the  Act,  the  District,  as   judgment  creditor,  is  entitled  to  purchase  any  property  sold  at  foreclosure  using  a  “credit  bid,”   where  the  District  could  submit  a  bid  crediting  all  or  part  of  the  amount  required  to  satisfy  the   judgment  for  the  delinquent  amount  of  the  Special  Tax.    If  the  District  becomes  the  purchaser   under  a  credit  bid,  the  District  must  pay  the  amount  of  its  credit  bid  into  the  redemption  fund   established  for  the  Bonds,  but  this  payment  may  be  made  up  to  24  months  after  the  date  of  the   foreclosure  sale.       8.1.d Packet Pg. 315 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­21-­   Additional  Bonds     Following  issuance  of  the  Bonds,  the  City  will  not  issue  Parity  Bonds  (exclusive  of  any   Refunding  Bonds)  in  a  principal  amount  which,  when  added  to  the  initial  principal  amount  of  the   Bonds,  exceeds  $46  million.  Subject  to  that  limitation,  in  addition  to  the  Bonds,  the  City  may   issue  Parity  Bonds  in  such  principal  amount  as  shall  be  determined  by  the  City  under  a   Supplemental  Agreement  entered  into  between  the  City  and  the  Fiscal  Agent.  Any  such  Parity   Bonds  shall  be  secured  by  a  parity  lien  on  the  Special  Tax  Revenues  and  funds  pledged  for  the   payment  of  the  Bonds  under  the  Fiscal  Agent  Agreement  on  a  parity  with  all  other  bonds   Outstanding  under  the  Fiscal  Agent  Agreement.  The  City  may  issue  such  Parity  Bonds  subject   to  the  following  specific  conditions  precedent:     (i)  The  City  shall  be  in  compliance  with  all  covenants  set  forth  in  the  Fiscal   Agent  Agreement  and  all  Supplemental  Agreements,  and  issuance  of  the  Parity  Bonds   shall  not  cause  the  City  to  exceed  the  limitation  on  debt  (as  defined  in  the  Act)  for   Improvement  Area  No.  1.     (ii)  The  Supplemental  Agreement  providing  for  the  issuance  of  such  Parity   Bonds  shall  provide  that  interest  thereon  shall  be  payable  on  Interest  Payment  Dates,   and  principal  thereof  shall  be  payable  on  September  1  in  any  year  in  which  principal  is   payable  on  the  Parity  Bonds  (provided  that  there  shall  be  no  requirement  that  any  Parity   Bonds  pay  interest  on  a  current  basis).     (iii)  The  Supplemental  Agreement  providing  for  the  issuance  of  such  Parity   Bonds  may  provide  for  the  establishment  of  separate  funds  and  accounts  and  may,  in   the  alternative,  provide  for  subaccounts  within  the  funds  and  accounts  established   hereunder.    Proceeds  of  the  Parity  Bonds  shall  be  deposited  into  the  Reserve  Fund  in   the  amount  that  shall  cause  the  balance  in  the  Reserve  Fund  to  be  equal  to  the  Reserve   Requirement  for  the  Bonds  to  be  outstanding  following  issuance  of  the  Parity  Bonds.       (iv)  The  Improvement  Area  No.  1  Value  shall  be  at  least  three  (3)  times  the   sum  of:  (i)  the  aggregate  principal  amount  of  all  Bonds  then  Outstanding,  plus  (ii)  the   aggregate  principal  amount  of  the  series  of  Parity  Bonds  proposed  to  be  issued,  plus  (iii)   the  aggregate  principal  amount  of  any  fixed  assessment  liens  on  the  parcels  in  the  CFD   subject  to  the  levy  of  Special  Taxes,  plus  (iv)  a  portion  of  the  aggregate  principal  amount   of  any  and  all  other  community  facilities  district  bonds  then  outstanding  and  payable  at   least  partially  from  special  taxes  to  be  levied  on  parcels  of  land  within  the  CFD  (the   “Other  District  Bonds”)  equal  to  the  aggregate  outstanding  principal  amount  of  the  Other   District  Bonds  multiplied  by  a  fraction,  the  numerator  of  which  is  the  amount  of  special   taxes  levied  for  the  Other  District  Bonds  on  parcels  of  land  within  the  CFD,  and  the   denominator  of  which  is  the  total  amount  of  special  taxes  levied  for  the  Other  District   Bonds  on  all  parcels  of  land  against  which  the  special  taxes  are  levied  to  pay  the  Other   District  Bonds  (such  fraction  to  be  determined  based  upon  the  maximum  special  taxes   which  could  be  levied  in  the  year  in  which  maximum  annual  debt  service  on  the  Other   District  Bonds  occurs),  based  upon  information  from  the  most  recent  Fiscal  Year  for   which  information  is  available.         (v)  For  each  Fiscal  Year  after  issuance  of  the  Parity  Bonds,  the  maximum   amount  of  the  Special  Taxes  that  may  be  levied  for  such  Fiscal  Year  under  the   Ordinance,  the  Agreement  and  any  Supplemental  Agreement  less  the  Priority   Administrative  Expense  Amount  for  each  respective  Fiscal  Year,  shall  be  at  least  110%   8.1.d Packet Pg. 316 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­22-­   of  the  total  Annual  Debt  Service  of  the  then  Outstanding  Bonds  and  the  proposed  Parity   Bonds  for  each  Bond  Year  that  commences  in  each  such  Fiscal  Year,  and  the  aggregate   Special  Tax  Prepayments  that  could  occur  after  the  issuance  of  the  Parity  Bonds  shall   be  not  less  than  the  principal  amount  of  the  Outstanding  Bonds  and  the  proposed  Parity   Bonds.     Notwithstanding  the  foregoing,  the  City  may  issue  refunding  bonds  as  Parity  Bonds   without  the  need  to  satisfy  the  requirements  of  clauses  (iv)  or  (v)  above.     Nothing  in  the  Fiscal  Agent  Agreement  prohibits  the  City  from  issuing  any  other  bonds  or   otherwise  incurring  debt  secured  by  a  pledge  of  the  Special  Tax  Revenues  subordinate  to  the   pledge  thereof  for  the  Bonds  and  Parity  Bonds.       8.1.d Packet Pg. 317 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­23-­   DEBT  SERVICE  SCHEDULE     The  annual  debt  service  on  the  Bonds,  based  on  the  interest  rates  and  maturity   schedule  set  forth  on  the  cover  of  this  Official  Statement,  is  set  forth  below.         Improvement  Area  No.  1   Community  Facilities  District  No.  2015-­1  (Dublin  Crossing)   Special  Tax  Bonds  Series  2017   Debt  Service     Year   Ending   (Sept.  1)         Principal         Interest         Total                                                                                                                                                                                                                                                           *  Paid  from  capitalized  interest.     8.1.d Packet Pg. 318 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­24-­   THE  DUBLIN  CROSSING  PROJECT       The  Developer  has  provided  the  following  information  with  respect  to  development  of  the   Dublin  Crossing  Project.    No  assurance  can  be  given  that  all  information  is  complete.    No   assurance  can  be  given  that  development  of  the  property  will  be  completed,  or  that  it  will  be   completed  in  a  timely  manner.    Since  the  ownership  of  the  parcels  is  subject  to  change,  the   development  plans  outlined  below  may  not  be  continued  by  the  subsequent  owner  if  the  parcels   are  sold,  although  development  by  any  subsequent  owner  will  be  subject  to  the  Development   Agreement  and  the  policies  and  requirements  of  the  City.    No  assurance  can  be  given  that  the   plans  or  projections  detailed  below  will  actually  occur.       The  property  in  Improvement  Area  No.  1  is  part  of  the  larger  Dublin  Crossing  project   (“Dublin  Crossing  Project”).    The  Dublin  Crossing  Project  consists  of  approximately  190  acres,   of  which  approximately  33  gross  acres  (28  net  taxable  acres)  is  within  Improvement  Area  No.  1   and  the  remainder,  approximately  157  acres,  is  within  property  identified  as  Future  Annexation   Area.         Dublin  Crossing  Specific  Plan     The  Dublin  Crossing  Specific  Plan  (“Specific  Plan”),  as  amended  from  time  to  time,  is  a   plan  for  the  orderly  development  of  approximately  190  acres  located  in  the  center  of  the  City,   north  of  Interstate  580  and  Dublin  Boulevard.  The  site  is  located  at  the  southern  edge  of  the   2,485-­acre  Camp  Parks  Reserve  Forces  Training  Area  (“Camp  Parks”).    The  U.S.  Army   Reserve  (the  “Army  Reserve”)  and  the  Developer  have  an  agreement  whereby  the  Army   Reserve  has  and  will  transfer  the  Specific  Plan  portions  of  the  Camp  Parks  site  to  the   Developer,  as  described  below.     Development  in  the  Specific  Plan  area  is  generally  planned  to  be  comprised  of   residential  units,  parks  and  open  space,  and  a  school.  Specifically,  Specific  Plan  development   includes  a  maximum  of  up  to  1,995  residential  units,  a  30  net-­acre  Community  Park,  2  acres  of   open  space,  and  a  school  site.  The  Specific  Plan  also  allows,  but  nothing  requires,  the   development  of  up  to  200,000  square  feet  of  commercial  use.    The  Developer  does  not  currently   intend  to  develop  any  commercial  uses.     The  Specific  Plan  area  is  generally  flat  and  buildable,  with  homes  currently  under   construction  and  a  significant  portion  undeveloped.  Two  seasonal  drainage  channels  traverse   the  site,  one  north  to  south  generally  through  the  middle  of  the  project  site,  and  another  along   the  eastern  border,  parallel  to  Arnold  Road.     The  City  of  Dublin  General  Plan  (1985)  provides  a  broader  city-­wide  framework  to   support  future  land  use  and  development  decisions  in  the  Specific  Plan  area.  California  state   law  requires  this  Specific  Plan  to  be  consistent  with  the  policies  and  standards  contained  in  the   General  Plan.  Together  with  the  Specific  Plan,  the  City  will  approve  any  necessary  General  Plan   amendments  to  provide  for  the  land  uses,  goals  and  policies  in  this  Specific  Plan.  In  situations   where  policies  or  standards  relating  to  a  particular  subject  have  not  been  provided  in  the   Specific  Plan,  the  existing  policies  and  standards  in  the  General  Plan  will  continue  to  apply.     Regional  Setting.    The  Specific  Plan  area  is  located  in  eastern  Alameda  County,  near   the  center  of  the  Tri-­Valley  region.  As  a  part  of  the  Eastern  San  Francisco  Bay  Area,  the  City  of   Dublin  plays  an  important  regional  role  due  to  its  close  proximity  to  major  metropolitan  centers,   including  San  Francisco  (35  miles  northwest),  Oakland  (30  miles  northwest)  and  Silicon  Valley   8.1.d Packet Pg. 319 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­25-­   (25  miles  southwest).  The  City  is  home  to  the  Dublin/Pleasanton  and  West  Dublin/Pleasanton   Bay  Area  Rapid  Transit  (BART)  stations,  Interstates  580  and  680,  and  the  Iron  Horse  Regional   Trail,  a  multi-­modal  trail  that  links  numerous  cities  within  Alameda  and  Contra  Costa  counties.       Local  Setting.    The  approximate  190  acre  Specific  Plan  area  is  centrally  located  in  the   City  of  Dublin  and  is  bound  by  a  network  of  streets;;  5th  and  6th  street  to  the  north  on  the  active   Camp  Parks  installation,  Arnold  Road  to  the  east,  Dublin  Boulevard  to  the  south  and  Scarlett   Drive  (with  future  extension)  to  the  west.  The  Specific  Plan  area  location  adjacent  to  the  Iron   Horse  Regional  Trail,  and  close  to  the  Dublin/Pleasanton  BART  station,  with  the  station   entrance  approximately  one-­third  mile  to  the  south  of  the  project  area  boundary,  offer  a  possible   amenity  for  urban  oriented  buyers.     Background-­Reuse  of  Former  Army  Reserve  Property.  This  Specific  Plan  is  the   result  of  a  multi-­year  effort  by  the  Army  Reserve,  the  City,  community  members,  and  the  Prior   Owner  to  create  a  plan  for  development  of  the  Specific  Plan  area.         In  2002,  the  Army  Reserve  formally  requested  an  amendment  to  the  General  Plan  to   change  the  land  use  designation  on  the  project  site  from  “Public  Lands”  to  a  combination  of   commercial  retail,  office  space,  residential,  and  open  space  uses.  On  April  15,  2003,  the  Dublin   City  Council  authorized  the  commencement  of  a  General  Plan  Amendment  study  to  initiate  a   comprehensive  General  Plan  Amendment  and  Specific  Plan  program  over  a  172-­acre  portion  of   the  2,485-­acre  Camp  Parks  area  (the  “Army  Reserve  Property”),  a  8.5-­acre  NASA  parcel  (the   “NASA  Property”),  and  an  8.7-­acre  Alameda  County  Surplus  Property  Authority  parcel  (the   “ACSPA  Property”).     The  General  Plan  Amendment  study  did  not  authorize  a  change  in  the  land  use   designation  on  the  property  but  permitted  City  Staff,  in  partnership  with  the  Army  Reserve,  to   engage  the  involvement  of  the  community  in  several  strategic  visioning  meetings.  These   meetings  were  used  to  create  a  cohesive  vision  for  future  development  of  the  site.  Based  on  the   information  provided  from  several  community  meetings,  five  conceptual  land  use  plans,  each   illustrating  different  land  use  scenarios,  were  formulated.  The  City  Council  held  a  series  of   meetings  in  2005  to  review  the  five  conceptual  land  use  alternatives.  Input  from  these  meetings   served  as  the  basis  for  selecting  a  preferred  land  use  plan  for  future  development  of  the  area.     In  December  2007  the  Army  Reserve  and  NASA  prepared  a  “Notice  of  Availability”  to   solicit  a  master  developer  for  the  Camp  Parks  Real  Property  Exchange  Area.  The  Prior  Owner   and  the  United  States  Army  Corps  of  Engineers  entered  into  an  exchange  agreement  dated   March  4,  2011  (the  “Exchange  Agreement”),  The  Exchange  Agreement  provides  the  Army   Reserve  with  an  opportunity  to  construct  new  and  modernize  existing  facilities  through  the   provision  of  172-­acres  of  the  Army  Reserve  Property  (in  addition  to  the  NASA  Property  and  the   ACSPA  Property),  to  a  developer  in  exchange  for  Camp  Parks  facilities  improvements.  The   Exchange  Agreement  is  not  a  part  of  the  Specific  Plan  but  was  necessary  to  facilitate   acquisition  of  the  property  by  the  Prior  Owner.     In  October  2008,  the  Army  Reserve  announced  the  selection  of  the  master  developer  for   the  exchange  project.  In  April  2011,  the  Prior  Owner  and  the  Army  Reserve  officially  finalized   the  Exchange  Agreement,  authorizing  the  Prior  Owner  to  commence  the  General  Plan   Amendment  and  Specific  Plan  process  and  giving  the  Prior  Owner  the  right  acquire  the  Army   Reserve  Property  in  phases,  as  certain  facilities  (located  outside  of  the  Dublin  Crossing  Project)   are  constructed  by  the  developer  and  conveyed  to  the  Army  Reserve.         8.1.d Packet Pg. 320 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­26-­   Pursuant  to  the  Exchange  Agreement,  the  Prior  Owner  and  the  Army  Reserve  agreed   that  the  Prior  Owner  has  the  right  acquire  the  Army  Reserve  Property  from  the  Army  Reserve  in   phases,  as  certain  facilities  (located  outside  of  the  Dublin  Crossing  Project)  are  constructed  by   the  Prior  Owner  and  conveyed  to  the  Army  Reserve.    When  purchasing  property  from  the  Prior   Owner,  the  Developer  assumed  all  rights  and  obligations  under  the  Exchange  Agreement.    The   Prior  Owner  and,  following  its  acquisition  of  the  project,  the  Developer  acquired  portions  of  the   Army  Reserve  Property,  as  described  in  Table  __  herein.  The  property  in  Phases  3-­5  remains   owned  by  the  Army  Reserve  but  subject  to  acquisition  by  the  Developer  pursuant  to  the   Exchange  Agreement.     In  addition  to  the  Exchange  Agreement,  the  Prior  Owner  entered  into  an  agreement   dated  January  11,  2013  (the  “NASA  Agreement”)  with  the  National  Aeronautics  and  Space   Administration  (“NASA”)  for  the  purchase  of  the  NASA  Property  located  adjacent  to  the  Army   Reserve  Property,  which  will  be  part  of  Phase  2  of  the  Dublin  Crossing  Project.  When   purchasing  property  from  the  Prior  Owner,  the  Developer  assumed  all  rights  and  obligations   under  the  NASA  Agreement.    On  August  28,  2015,  the  Developer  acquired  the  NASA  Property.     In  addition  to  the  Exchange  Agreement  and  the  NASA  Agreement,  the  Prior  Owner   entered  into  an  agreement  with  the  City  (the  “City  Agreement”)  for  the  purchase  of  the  ACSPA   Property,  which  will  be  part  of  Phase  2  of  the  Dublin  Crossing  Project.  When  purchasing   property  from  the  Prior  Owner,  the  Developer  assumed  all  rights  and  obligations  under  the  City   Agreement.    On  March  23,  2017,  the  Developer  acquired  the  ACSPA  Property.     The  Army  Reserve  Property,  the  NASA  Property,  and  the  ACSPA  Property,  collectively,   comprise  the  property  to  be  developed  as  the  Dublin  Crossing  Project.    All  such  property  is   subject  to  the  Development  Agreement,  dated  November  19,  2013,  by  and  between  the  City   and  the  Prior  Owner  (as  amended  from  time  to  time,  the  “Development  Agreement”).    The   Development  Agreement  allows  for  the  construction  of  up  to  1,995  residential  units,  a  30  net   acre  community  park,  open  space,  a  school  site,  and  associated  infrastructure  to  serve  the   project  area  described  in  the  Dublin  Crossing  Specific  Plan,  approved  by  the  City  in  2013   pursuant  to  Resolution  No.  187-­13.  The  Development  Agreement  also  allows,  but  nothing   requires,  the  development  of  up  to  200,000  square  feet  of  commercial  use.    The  Developer   does  not  currently  intend  to  develop  any  commercial  uses.  The  Development  Agreement  may   be  amended  from  time  to  time,  most  recently  on  May  16,  2017  to,  among  other  things,  revise   the  park  construction  obligation.     In  2015,  the  Developer  acquired  from  the  Prior  Owner  certain  property  in  the  Dublin   Crossing  Project  (including  all  of  Phase  1A)  as  well  as  the  rights  to  develop  the  remainder  of  the   property  in  the  Dublin  Crossing  Project.  On  August  28,  2015,  the  Prior  Owner  assigned  the   Development  Agreement  to  the  Developer,  and  the  Developer  assumed  all  of  the  rights  and   obligations  under  the  Development  Agreement.     The  Exchange  Agreement  provides  for  the  acquisition  of  the  property  in  six  phases,  as   follows:     A.    Phase  1A:    Phase  1A  was  acquired  from  the  Army  Reserve  by  the  Prior   Owner  and  was  sold  by  the  Prior  Owner  to  the  Developer  on  August  28,  2015.    As   consideration  for  the  acquisition  from  the  Army  Reserve,  the  Prior  Owner  constructed  a   facility  known  as  the  Access  Control  Point.   B.    Phase  1B:    Phase  1B  was  acquired  from  the  Army  Reserve  by  the  Developer   8.1.d Packet Pg. 321 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­27-­   on  October  19,  2016.  As  consideration  for  the  acquisition  from  the  Army  Reserve,  the   Developer  constructed  various  infrastructure  roads  and  utilities  for  the  Army  Reserve.   C.    Phase  2:    Phase  2  was  acquired  in  three  transactions.    First,  a  portion  of   Phase  2  was  acquired  from  the  Army  Reserve  by  the  Developer  on  March  17,  2017.  As   consideration  for  the  acquisition  from  the  Army  Reserve,  the  Developer  constructed  area   maintenance  support  facilities.  Second,  the  NASA  Property  was  acquired  by  the   Developer  on  August  28,  2015.    Third,  on  March  23,  2017,  the  Developer  acquired  the   ACSPA  Property.         D.    Phase  3:    Phase  3  is  anticipated  to  be  acquired  from  the  Army  Reserve  by   the  Developer  in  June,  2018  following  the  completion  of  a  regional  medical  training  site   estimated  to  cost  $17,122,000.       E.    Phase  4:    Phase  4  is  anticipated  to  be  acquired  from  the  Army  Reserve  by  the   Developer  in  December,  2017  following  the  completion  of,  or  posting  security  for,  the   completion  of  an  army  regional  training  center  estimated  to  cost  $10,284,000.       F.    Phase  5:    Phase  5  is  anticipated  to  be  acquired  from  the  Army  Reserve  by  the   Developer  in  June,  2018  following  the  completion  of  a  logistical  warehouse  estimated  to   cost  $11,115,000.     The  Developer  anticipates  developing  each  phase  of  the  Dublin  Crossing  Project   following  acquisition  of  the  phase  from  the  Army  Reserve.    No  guarantee  can  be  given  that   the  Developer  will  acquire  any  future  phases  of  the  property  from  the  Army  Reserve:    If   acquired,  the  Developer  anticipates  developing  the  property  in  five  phases,  as  described  in  the   Development  Agreement  and  as  follows:       1.    Phase  1A/1B:    Phase  1A  is  expected  to  consist  of  313  single-­family  units  (69   detached  and  244  attached).    At  the  time  of  formation  of  the  District,  Phase  1A  was  the   only  property  in  Improvement  Area  No.  1.    Phase  1B  is  expected  to  consist  of  140   single-­family  units  (60  detached  and  80  attached).    At  the  time  of  formation  of  the   District,  Phase  1B  was  part  of  the  Future  Annexation  Area.    On  June  20,  2017,  the   owners  of  Phase  1B  (CalAtlantic  and  Brookfield  Fillmore  LLC)  submitted  consents  to  the   City  for  the  annexation  of  their  respective  Phase  1B  property  into  Improvement  Area  No.   1,  and  Phase  1B  is  now  part  of  Improvement  Area  No.  1.   2.    Phase  2:    Phase  2  is  expected  to  consist  of  508  single-­family  units  (134   detached  and  374  attached)  and  a  portion  of  the  30-­acre  public  park.  The  Developer  is   also  constructing  a  15,000  square  foot  recreation  center  that  will  eventually  be  owned  by   the  homeowner’s  association;;  the  cost  is  estimated  at  $11  million  and  is  anticipated  to   be  opened  in  2019.   3.    Phase  3:    Phase  3  is  expected  to  consist  of  283  single-­family  units  (77   detached  and  206  attached),  a  portion  of  the  30-­acre  public  park,  and  a  school  site.       4.    Phase  4:    Phase  4  is  expected  to  consist  of  166  single-­family  units  (75   detached  and  91  attached)  and  approximately  2  acres  of  open  space.         5.    Phase  5:    Phase  5  is  expected  to  consist  of  340  single-­family  units  (162   detached  and  178  attached).       8.1.d Packet Pg. 322 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­28-­   Following  the  annexation  of  Phase  1B,  Improvement  Area  No.  1  comprises  the  expected   453  lots  in  both  Phase  1A  and  Phase  1B.    The  remaining  phases  are  part  of  the  Future   Annexation  Area  and  are  not,  and  will  not  be,  subject  to  the  Special  Tax  securing  the  Bonds.       The  table  below  shows  the  expected  phases  within  the  Dublin  Crossing  Project  and   expected  construction  commencement  dates.     STATUS  OF  CONSTRUCTION  OF  THE  DUBLIN  CROSSING  PROJECT     Phase/Projected   Improvement   Area   Projected   Land  Development  Tract  Map  Status   Projected   Schedule   Phase  1A/1B   Improvement   Area  No.  1   129  single-­family  detached   units;;  and  324  single-­family   attached  units   See  Table  __  Finished  lots  by  early  2016,   housing  construction  commenced   mid-­2016   Phase  2   Improvement   Area  No.  2   134  single-­family  detached   units;;  374  single-­family   attached  units;;  and  a  portion   of  the  30-­acre  park;;  the   Developer  is  also  constructing   a  15,000  square  foot   recreation  center  that  will   eventually  be  owned  by  the   homeowner’s  association  (est.   cost  $11  million)   Large  Lot  Only  Lots  and  housing  commencement   subject  to  housing  market;;  sheet   graded  pads  projected  to  be   delivered  in  2017   Phase  3   Improvement   Area  No.  3   77  single-­family  detached   units;;  206  single-­family   attached  units;;  a  portion  of  the   30-­acre  park;;  and  a  school  site   N/A  Acquisition  from  Army  Reserve  in   June  2018;;  Lots  and  housing   commencement  subject  to  housing   market.   Phase  4   Improvement   Area  No.  4   75  single-­family  detached   units;;  91  single-­family   attached  units;;  and   approximately  2  acres  of  open   space   N/A  Acquisition  from  Army  Reserve  in   December  2017;;  Lots  and  housing   commencement  subject  to  housing   market.   Phase  5   Improvement   Area  No.  5   162  single-­family  detached   units;;  and  178  single-­family   attached  units   N/A  Acquisition  from  Army  Reserve  in   June  2018;;   Lots  and  housing  commencement   subject  to  housing  market.     Only  the  property  in  Improvement  Area  No.  1  (Phase  1A  and  Phase  1B)  is  subject   to  the  Special  Tax  that  secures  payment  on  the  Bonds.    The  property  that  is  anticipated   to  be  developed  as  Phases  2-­5,  inclusive,  are  not  subject  to  the  lien  of  the  Special  Tax   and  will  not  be  subject  to  a  special  tax  securing  the  Bonds  in  the  future.         8.1.d Packet Pg. 323 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­29-­   Public  Improvements  Required  for  the  Dublin  Crossing  Project     CFD  Authorized  Improvements.  The  following  table  shows  the  improvements  and  fees   authorized  for  financing  in  the  District  and  in  Improvement  Area  No.  1  (each  Improvement  Area   is  authorized  to  finance  any  of  the  improvements  described  below),  as  well  as  the  estimated   costs  of  such  facilities  and  fees  required  to  be  constructed  as  part  of  the  Dublin  Crossing  Project   as  a  whole  (first  column  of  figures)  and  for  Phases  1A/1B  (second  column  of  figures).  Cost   estimates  are  as  of  June  1,  2017.     ESTIMATED  INFRASTRUCTURE  COSTS             City  of  Dublin  Improvements    Estimated  Cost   for  Dublin   Crossing  Project   Estimated  Cost  for   Phase  1A  and   Phase  1B      Backbone  Storm  Drainage  $17,099,530  $3,956,330    Backbone  Street  Improvements  $25,505,760  $4,391,450    Master  Landscaping,  Fencing  and  Signage  on  Public   Property,  Including  Public  Easements  and  Rights-­of-­Way   $4,733,120  $799,430   City  of  Dublin  Capital  Impact  Fees  (including  capital   impact  fees  for  fire  improvements,  freeway  interchanges,   public  art,  traffic  impacts,  development  agreement   improvements,  trails,  parks,  transportation,  ACSPA   contributions,  civic  center,  library,  and  aquatic  centers)    $39,376,952  $11,847,134   Dublin-­San  Ramon  Sanitation  District  Improvements        Backbone  Domestic  Water  $2,686,670  $753,720    Backbone  Reclaimed  Water  $1,702,270  $478,490    Backbone  Sanitary  Sewer  $2,560,330  $728,770   Dublin-­San  Ramon  Sanitation  District  Fees  (including   fees  for  DSRSD  impacts,  water  meter  assembly,  wastewater   capacity  reserves,  irrigation  connections,  plan  check  and   inspection)    $53,817,026  $13,740,675   Zone  7  Improvements          Backbone  Storm  Drainage  $2,512,750  $0   Zone  7  Fees  (including  fees  for  water  connection  and   drainage  assessment)    $50,123,500  $12,974,826   Public  Utility  Facilities  Improvements  $6,111,230  $1,598,730   Park  Design  and  Improvements  $12,757,000  $0           Totals  $218,986,138  $51,269,555   Of  the  District-­eligible  costs  set  forth  above  for  the  Dublin  Crossing  Project,   approximately  $95,636,600  is  the  responsibility  of  the  Developer,  while  approximately   $123,349,538  is  (or  will  be)  the  responsibility  of  the  Merchant  Builders.       In  addition  to  the  District-­eligible  costs  for  the  Dublin  Crossing  Project,  the  Dublin   Crossing  Project  requires  the  expenditure  of  approximately  $________  in  non-­District  eligible   costs,  $________  of  which  is  the  responsibility  of  the  Developer  and  $________  the   responsibility  of  the  Merchant  Builders.         Of  the  total  amounts  required  to  be  expended  by  the  Developer  for  the  Dublin  Crossing   Project,  the  Developer  has  expended  $__________  and  the  Merchant  Builders  have  expended   approximately  $________,  all  as  of  June  1,  2017.     8.1.d Packet Pg. 324 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­30-­   Acquisition  Agreement     In  connection  with  the  formation  of  the  District,  the  Developer  and  the  City  entered  into   an  Acquisition  Agreement,  dated  as  of  ________,  2017  (the  “Acquisition  Agreement”).     Pursuant  to  the  Acquisition  Agreement,  the  City  will  purchase  certain  public  capital   improvements  and  finance  certain  development  impact  fees  for  the  construction  of  public  capital   improvements  (together,  the  “Authorized  Improvements”)  from  the  Developer,  but  solely  from   the  net  proceeds  of  bonds  issued  for  the  District,  certain  investment  earnings  thereon  and   special  taxes  collected  within  each  Improvement  Area  of  the  District  that  are  allocated  to   Authorized  Improvements.    The  Authorized  Improvements  shown  in  Table  __  represent   approximately  $_______  of  the  $_____  expected  costs  for  the  Dublin  Crossing  Project.    When   the  Developer  has  completed  an  Authorized  Improvement,  it  may  submit  payment  requisition  to   the  City  requesting  payment  of  its  “Actual  Costs”  incurred  (as  defined  in  the  Acquisition   Agreement).    The  City  will  determine  if  the  Authorized  Improvement  thereof  has  been  completed   to  City  standards  and  whether  all  required  documentation,  such  as  proper  conveyance  of  title   (where  that  is  required),  lien  releases,  title  insurance,  etc.  has  been  submitted.    If  the  City  so   determines,  the  City  will  review  the  payment  requisition,  and  may  request  additional  information   to  substantiate  the  requisition,  and  may  disallow  portions  not  properly  substantiated.    To  the   extent  the  payment  requisition  is  approved  by  the  City,  the  City  will  submit  a  disbursement   request  form  to  the  Fiscal  Agent,  requesting  the  Fiscal  Agent  to  make  payment  for  the  approved   costs  to  the  extent  funds  are  available  in  the  Improvement  Fund.    For  capital  improvement  fees   that  are  part  of  the  Authorized  Improvements,  such  fees  will  be  paid  out  of  the  proceeds  of  the   Bonds  through  a  similar  requisition  process  as  described  above.       The  net  proceeds  of  the  Bonds,  certain  investment  earnings  thereon  and  the  Special  Tax   are  expected  to  be  sufficient  to  fund  a  portion,  but  not  all,  of  the  Authorized  Improvements.         The  Developer  anticipates  that  bond  proceeds  from  the  property  in  future  phases  of  the   Dublin  Crossing  Project,  revenues  from  land  sales,  and  Developer’s  equity  will  be  used  to  fund   some  or  all  of  the  remaining  portion  of  the  Authorized  Improvements.       The  Rate  and  Method  provides  that  the  funding  of  Improvement  costs  can  also  be  made   from  collections  of  the  Special  Tax  available  as  the  “pay-­as-­you-­go”  component  of  Special   Taxes.    The  pay-­as-­you-­go  funding  component  could  provide  for  funding  of  the  cost  of  the   Authorized  Improvements  in  excess  of  the  amount  provided  from  Bond  proceeds  and  through   annual  Special  Tax  collections  in  excess  of  the  amount  needed  to  pay  the  debt  service.    By   agreement  between  the  City  and  the  Developer,  this  component  of  the  Special  Tax  is  expected   to  be  limited  to  15  years  from  each  Improvement  Area  and  the  Developer  expects  to  utilize  it  for   that  time  period.  See  “SECURITY  AND  SOURCES  OF  PAYMENT  FOR  THE  BONDS  –  Special   Tax  Methodology”  and  “  –  Special  Tax  Fund.”     Market  Pricing  and  Absorption  Analysis     In  connection  with  the  issuance  of  the  Bonds,  the  City  hired  Robert  Charles  Lesser  &   Co.,  LLC,  Los  Angeles,  California  (the  “Pricing  Consultant”)  to  prepare  a  market  pricing  and   absorption  analysis  for  the  homes  planned  for  Phase  1  of  the  residential  development  program   in  the  District,  dated  April  28,  2017  (the  “Pricing  Report”).    Phase  1  consists  of  453  homes  (129   single-­family  detached  units  and  324  single-­family  attached  units).  The  City  is  not  obligated  to   make,  and  has  not  undertaken  to  make,  an  independent  verification  of  the  information  contained   in  the  Original  Price  Point  Study  and  assumes  no  responsibility  for  the  accuracy  or   8.1.d Packet Pg. 325 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­31-­   completeness  of  the  Original  Price  Point  Study.    A  copy  of  the  Pricing  Report  is  set  forth  in  its   entirety  as  APPENDIX  E  -­  PRICING  REPORT.       IMPROVEMENT  AREA  NO.  1     Formation  of  the  District     On  April  21,  2015,  the  City  Council  adopted  a  Resolution  of  Intention  to  form  a   community  facilities  district  under  the  Act,  to  levy  a  special  tax  and  to  incur  bonded   indebtedness  for  the  purpose  of  financing  the  Authorized  Improvements.    After  conducting  a   noticed  public  hearing,  on  June  2,  2015,  the  City  Council  adopted  the  Resolution  of  Formation,   which  established  the  District  and  Improvement  Area  No.  1  thereof,  and  designated  the  Future   Annexation  Area,  which  may  include  all  or  a  portion  of  four  additional  improvement  areas   described  as  Improvement  Area  No.  2,  Improvement  Area  No.  3,  Improvement  Area  No.  4,  and   Improvement  Area  No.  5.  The  Resolution  of  Formation  also  set  forth  the  Rate  and  Method  within   the  District  and  each  Improvement  Area,  and  set  forth  the  necessity  to  incur  bonded   indebtedness  in  a  total  amount  not  to  exceed  $150  million  for  the  District  and  as  follows  for  each   Improvement  Area:  $46  million  for  Improvement  Area  No.  1,  $34  million  for  Improvement  Area   2,  $23  million  for  Improvement  Area  3,  $12  million  for  Improvement  Area  4  and  $35  million  for   Improvement  Area  5.    On  the  same  day,  an  election  was  held  within  the  District  in  which  the   Prior  Owner  (who  was  then  the  only  eligible  landowner  voter  in  the  District)  unanimously   approved  the  proposed  bonded  indebtedness  and  the  levy  of  the  Special  Tax.  See   “IMPROVEMENT  AREA  NO.  1  -­  Improvement  Area  No.  1  Ownership”  below.       To  finance  Authorized  Improvements  that  will  be  owned  by  the  Dublin-­San  Ramon   Services  District  (“DSRSD”),  the  City,  the  Developer,  and  DSRSD  entered  into  a  Joint   Community  Facilities  Agreement  dated  January  10,  2017.     To  finance  Authorized  Improvements  to  be  owned  by  Zone  7  of  the  Alameda  County   Flood  Control  and  Water  Conservation  District  (“Zone  7”),  the  Developer  anticipates  entering   into  a  Joint  Community  Facilities  Agreement  with  the  City  and  Zone  7  before  the  end  of  calendar   year  2017.    Until  a  Joint  Community  Facilities  Agreement  is  entered  into  with  Zone  7,  Authorized   Facilities  to  be  owned  by  Zone  7  may  not  be  financed  with  the  proceeds  of  any  bonds  issued  by   the  District.    None  of  the  Authorized  Improvements  to  be  financed  with  the  Bonds  are  to  be   owned  by  Zone  7.     Future  Annexation  Area.  Land  within  the  Future  Annexation  Area  will  be  annexed  into   an  Improvement  Area  of  the  District  and  a  special  tax  will  be  levied  on  such  territory  only  with   the  unanimous  approval  of  the  owner  or  owners  of  each  parcel  or  parcels  at  the  time  of   annexation  into  the  respective  Improvement  Area,  whereupon  a  special  tax  will  become  a   continuing  lien  against  all  non-­exempt  real  property  in  the  annexed  portion  of  the  Future   Annexation  Area.       Bonds  for  each  Improvement  Area  will  be  secured  by  special  taxes  only  from  such   respective  Improvement  Area.  Additional  bonds  for  Improvement  Area  No.  1  are  expected  to  be   issued  in  the  future,  subject  to  the  conditions  set  forth  in  the  Fiscal  Agent  Agreement.  Special   taxes  of  each  Improvement  Area  will  secure  only  bonds  issued  by  that  respective  Improvement   Area.       8.1.d Packet Pg. 326 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­32-­   Location  and  Description  of  Improvement  Area  No.  1  and  the  Immediate  Area       Improvement  Area  No.  1  is  generally  located  at  the  northwest  quadrant  of  Dublin   Boulevard  and  Arnold  Road;;  Phases  1A  and  1B  are  noncontiguous  with  Phase  1A  along  the   north  line  of  Dublin  Boulevard  between  Fernandez  Street  and  Keppler  Street  and  Phase  1B   along  the  west  line  of  Arnold  Road  and  the  south  line  of  6th  Street.     Improvement  Area  No.  1  is  in  the  immediate  vicinity  of  the  Dublin  BART  (Bay  Area  Rapid   Transit)  station  and  neighborhood  and  regional  commercial  establishments,  including  Whole   Foods,  Nordstrom  Rack,  Best  Buy  and  a  variety  of  smaller  retail  stores  and  restaurants.    The   development  is  near  multiple  off-­ramps  of  Interstate  580,  a  major  Bay  Area  freeway.  Other   adjacent  uses  include  residential,  office  and  light  industrial,  and  a  County  jail  facility  to  the  north.         Zoning.  The  land  in  Improvement  Area  1  is  zoned  Dublin  Crossing  Medium-­High  Density   Residential  (DC  M-­HDR),  Dublin  Crossing  Medium  Density  Residential  (DC  MDR),  and  General   Commercial/Dublin  Crossing  High  Density  Residential  (GC/DC  HDR).    See  “THE  DUBLIN   CROSSING  PROJECT”  above.       Seismic  Area.    According  to  the  Seismic  Safety  Commission,  Improvement  Area  No.  1  is   located  within  Zone  4,  which  is  considered  to  be  the  highest  risk  zone  in  California.  There  are  only   two  zones  in  California:  Zone  4,  which  is  assigned  to  areas  near  major  faults;;  and  Zone  3,  which  is   assigned  to  all  other  areas  of  more  moderate  seismic  activity.  In  addition,  the  District  is  located  in  a   Fault-­Rupture  Hazard  Zone  (formerly  referred  to  as  an  Alquist-­Priolo  Special  Study  Zone),  as   defined  by  Special  Publication  42  (revised  January  1994)  of  the  California  Department  of   Conservation,  Division  of  Mines  and  Geology.     Flood  Zone  Status.  Improvement  Area  No.  1  is  located  in  Flood  Zone  X  –  areas   determined  to  be  outside  of  the  500-­year  floodplain  and  determined  to  be  outside  of  the  1%  and   0.2%  annual  chance  floodplains.         8.1.d Packet Pg. 327 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­33-­      [Reserved  for  boundary  map]     8.1.d Packet Pg. 328 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­34-­       [Reserved  for  Aerial  Overview  Map]   8.1.d Packet Pg. 329 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­35-­   Improvement  Area  No.  1  Ownership     The  property  in  Improvement  Area  No.  1  is  expected  to  be  developed  into  129  single-­ family  detached  units  and  324  single-­family  attached  units  and  is  owned  as  follows:     OWNERSHIP  OF  PROPERTY  IN  IMPROVEMENT  AREA  NO.  1     Owner  Neighborhood  Phase  Tract   Number  of  Projected   Units   Dublin  Crossing,  LLC  Huntington  1A  8375  24   Brookfield  Merchant  Builders:            Brookfield  Bay  Area  Holdings  LLC  Huntington  1A  8308  45            Brookfield  Wilshire  LLC  Wilshire  1A  8307  75            Brookfield  Fillmore  LLC  Fillmore  1B  8309  80   CalAtlantic:            CalAtlantic  Group,  Inc.    Madison  1A  8306  107            CalAtlantic  Group,  Inc.    Union  1A  8306  62            CalAtlantic  Group,  Inc.    Sunset  1B  8309  60     Tract  Map  Status     The  proposed  453  single  family  lots  were  created  by  the  following  maps:     TRACT  MAP  STATUS  IN  IMPROVEMENT  AREA  NO.  1     Map  Date  Recorded/To  Be  Recorded  Number  of  Lots   Tract  8375  5/27/16  24   Tract  8309  4Q  2017  140   Tract  8308  2/7/17  45   Tract  8307  2/15/17  75   Tract  8306  2/17/17  169                Totals    453       The  Merchant  Builders     The  Developer  has  entered  into  agreements  with  builders  that  are  affiliated  with   Brookfield  Residential  and  CalAtlantic.    In  particular,  the  Developer  sold  property  to  (i)   Brookfield  BAH,  Brookfield  Wilshire  LLC,  and  Brookfield  Fillmore  LLC,  all  wholly-­owned   subsidiaries  of  Brookfield  Residential  (herein,  the  “Brookfield  Merchant  Builders”),  as   described  in  more  detail  herein,  and  (ii)  CalAtlantic  (herein,  and  together  with  the  Brookfield   Merchant  Builders,  the  “Merchant  Builders”),  as  described  in  more  detail  herein.    The  24  lots  in   Improvement  Area  No.  1  owned  by  the  Developer  are  anticipated  to  be  sold  to  Brookfield  BAH   in  the  fourth  quarter  of  2017  for  development  as  part  of  the  Huntington  neighborhood.     As  of  June  1,  2017,  81  single  family  detached  and  attached  homes  were  under   construction  by  the  Merchant  Builders  and  the  remaining  372  lots  owned  by  the  Developer  or   the  Merchant  Builders  were  in  finished  lot  or  blue  top  lot  condition  with  building  permits  yet  to  be   obtained.  As  of  June  1,  2017,  no  homes  within  the  District  were  sold  and  under  contract  to   individual  homebuyers.     The  Development  Plan     A  more  detailed  description  of  each  of  the  neighborhoods  is  set  forth  below.     8.1.d Packet Pg. 330 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­36-­   Huntington  Neighborhood.    Brookfield  BAH  is  building  and  selling  homes  within  the   “Huntington”  neighborhood  within  Improvement  Area  No.  1.  The  homes  are  expected  to  consist   of  69  detached  single-­family  residential  units  (24  lots  are  still  owned  by  Dublin  Crossing,  LLC  as   of  June  1,  2017).    The  Huntington  neighborhood  will  open  for  sales  in  August  2017,  and   Brookfield  BAH  anticipates  final  build-­out  by  December  2018.  The  following  tables  provide   additional  information  regarding  the  development  of  the  Huntington  project  as  of  June  1,  2017     Huntington  Neighborhood   (Tract  No.  8308)    (as  of  June  1,  2017)     Floor  Plan   Square   Footage   Total   Number  of   Planned   Units   Units   Completed,   Sold,  and   Closed   Units   Completed   and  Unsold   or  in  Escrow   Units  Under   Construction  (1)   Base   Price  (2)   Plan  1  2,424  15  0  0  4  $1,016,000   Plan  2  2,541  13  0  0  3  $1,033,000   Plan  3  2,691  17  0  0  4  $1,058,000      Totals    45      11     ____________________   (1)    In  addition,  Brookfield  BAH  anticipates  the  construction  of  3  model  homes,  all  of  which  are  under  construction  as  of   June  1,  2017.   (2)    Base  sale  prices  are  as  of  June  1,  2017.    Base  sales  prices  are  subject  to  change  and  exclude  any  lot  premiums,   options,  upgrades,  incentives  and  any  selling  concessions  or  price  reductions  which  may  be  offered.   Source:  Brookfield  BAH     As  of  June  1,  2017,  Brookfield  BAH  has  incurred  approximately  $16,163,000  on  site   acquisition,  on-­site  development  costs,  fees,  and  costs  (other  than  homebuilding,  sales  and   marketing  costs)  and  anticipates  that  an  additional  $8,917,000  will  be  required  to  be  expended   on  such  costs  to  complete  the  neighborhood.    As  of  June  1,  2017,  Brookfield  BAH  has  spent   $795,000  on  home  construction,  sales  and  marketing,  and  anticipates  spending  an  additional   $19,717,000  to  buildout  the  45  homes  it  currently  anticipates  building.    These  costs  do  not   include  the  expected  costs  to  develop  the  24  homes  that  Brookfield  BAH  expects  to  build  once   Brookfield  BAH  acquires  the  remaining  24  lots  from  Dublin  Crossing.     Wilshire  Neighborhood.    Brookfield  Wilshire  LLC  is  building  and  selling  homes  within   the  “Wilshire”  neighborhood  within  Improvement  Area  No.  1.  The  homes  are  expected  to  consist   of  75  attached  single-­family  residential  units.    The  Wilshire  neighborhood  is  anticipated  to  open   for  sales  in  March,  2018,  and  Brookfield  Wilshire  LLC  anticipates  final  build-­out  by  June,  2019.   The  following  tables  provide  additional  information  regarding  the  development  of  the  Wilshire   project  as  of  June  1,  2017     8.1.d Packet Pg. 331 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­37-­   Wilshire  Neighborhood   (Tract  No.  8307)   (as  of  June  1,  2017)       Floor  Plan   Square   Footage   Total   Number   of   Planned   Units   Units   Completed,   Sold,  and   Closed   Units   Completed   and  Unsold   or  in  Escrow   Units  Under   Construction  (1)   Base   Price  (2)   Plan  1  1,659  15  0  0  0  $762,000   Plan  2  1,623  15  0  0  0  $772,000   Plan  3  1,694  5  0  0  0  $772,000   Plan  4  2,071  10  0  0  0  $812,000   Plan  5  2,063  10  0  0  0  $817,000   Plan  6  1,756  10  0  0  0  $727,000   Plan  7  3,097  10  0  0  0  $925,000      Totals    75           ____________________   (1)    In  addition,  Brookfield  BAH  anticipates  the  construction  of  4  model  homes.   (2)    Base  sale  prices  are  as  of  June  1,  2017.    Base  sales  prices  are  subject  to  change  and  exclude  any  lot  premiums,   options,  upgrades,  incentives  and  any  selling  concessions  or  price  reductions  which  may  be  offered.   Source:  Brookfield  BAH     As  of  June  1,  2017,  Brookfield  Wilshire  has  incurred  approximately  $18,969,000  on  site   acquisition,  on-­site  development  costs,  fees,  and  costs  (other  than  homebuilding,  sales  and   marketing  costs)  and  anticipates  that  an  additional  $13,513,000  will  be  required  to  be  expended   on  such  costs  to  complete  the  neighborhood.    As  of  June  1,  2017,  Brookfield  Wilshire  has  spent   $280,000  on  home  construction,  sales  and  marketing,  and  anticipates  spending  an  additional   $28,075,000  to  buildout  the  75  homes  it  currently  anticipates  building.     Fillmore  Neighborhood.    Brookfield  Fillmore  LLC  is  building  and  selling  homes  within   the  “Fillmore”  neighborhood  within  Improvement  Area  No.  1.  The  homes  are  expected  to  consist   of  80  attached  single-­family  residential  units.    The  Fillmore  neighborhood  is  anticipated  to  open   for  sales  in  March  2018,  and  Brookfield  Fillmore  LLC  anticipates  final  build-­out  by  December,   2019.  The  following  tables  provide  additional  information  regarding  the  development  of  the   Fillmore  project  as  of  June  1,  2017     Fillmore  Neighborhood   (Tract  No.  8309)    (as  of  June  1,  2017)     Floor  Plan   Square   Footage   Total   Number   of   Planned   Units   Units   Completed,   Sold,  and   Closed   Units   Completed  and   Unsold  or  in   Escrow   Units  Under   Construction  (1)     Base   Price  (2)   Plan  1  1,548  12  0  0  0  $710,000   Plan  2  2,171  19  0  0  0  $830,000   Plan  3  2,308  25  0  0  0  $854,000   Plan  4  2,642  24  0  0  0  $879,000        Totals    80           ____________________   (1)    In  addition,  Brookfield  BAH  anticipates  the  construction  of  3  model  homes.   (2)    Base  sale  prices  are  as  of  June  1,  2017.    Base  sales  prices  are  subject  to  change  and  exclude  any  lot  premiums,   options,  upgrades,  incentives  and  any  selling  concessions  or  price  reductions  which  may  be  offered.     Source:  Brookfield  BAH     8.1.d Packet Pg. 332 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­38-­   As  of  June  1,  2017,  Brookfield  Fillmore  has  incurred  approximately  $16,893,000  on  site   acquisition,  on-­site  development  costs,  fees,  and  costs  (other  than  homebuilding,  sales  and   marketing  costs)  and  anticipates  that  an  additional  $20,065,000  will  be  required  to  be  expended   on  such  costs  to  complete  the  neighborhood.    As  of  June  1,  2017,  Brookfield  Fillmore  has  spent   $178,000  on  home  construction,  sales  and  marketing,  and  anticipates  spending  an  additional   $24,584,000  to  buildout  the  80  homes  it  currently  anticipates  building.     Madison  Neighborhood.    CalAtlantic  is  building  and  selling  homes  within  the  “Madison”   neighborhood  within  Improvement  Area  No.  1.  The  homes  are  expected  to  consist  of  107   attached  single-­family  residential  units.    The  Madison  neighborhood  is  expected  to  open  for   sales  in  June  2017,  and  CalAtlantic  anticipates  final  build-­out  by  __________,  20__.  The   following  tables  provide  additional  information  regarding  the  development  of  the  Madison  project   as  of  June  1,  2017     Madison  Neighborhood   (Tract  No.  8306)    (as  of  June  1,  2017)     Floor  Plan   Square   Footage   Total   Number   of   Planned   Units   Units   Completed,   Sold,  and   Closed   Units   Completed  and   Unsold  or  in   Escrow   Units  Under   Construction  (1)     Base   Price  (2)   Plan  1          1,337  25  0  0  21  $650,000   Plan  2  1,719  25  0  0  21  $785,000   Plan  3  1,982  26  0  0  3  $830,000   Plan  4  2,112  31  0  0  6  $840,000        Totals    107      51     ____________________   (1)    In  addition,  CalAtlantic  anticipates  the  construction  of  __  model  homes.   (2)    Base  sale  prices  are  as  of  June  1,  2017.    Base  sales  prices  are  subject  to  change  and  exclude  any  lot  premiums,   options,  upgrades,  incentives  and  any  selling  concessions  or  price  reductions  which  may  be  offered.   Source:  CalAtlantic     As  of  June  1,  2017,  CalAtlantic  has  incurred  approximately  $24,894,617  on  site   acquisition,  on-­site  development  costs,  fees,  and  costs  (other  than  homebuilding,  sales  and   marketing  costs)  and  anticipates  that  an  additional  $23,006,053  will  be  required  to  be  expended   on  such  costs  to  complete  the  neighborhood.    As  of  June  1,  2017,  CalAtlantic  has  spent   $1,087,296  on  home  construction,  sales  and  marketing,  and  anticipates  spending  an  additional   $25,754,526  to  buildout  the  107  homes  it  currently  anticipates  building.     Union  Neighborhood.    CalAtlantic  is  building  and  selling  homes  within  the  “Union”   neighborhood  within  Improvement  Area  No.  1.  The  homes  are  expected  to  consist  of  62   attached  single-­family  residential  units.    The  Union  neighborhood  is  expected  to  open  for  sales   in  June  2017,  and  CalAtlantic  anticipates  final  build-­out  by  __________,  20__.  The  following   tables  provide  additional  information  regarding  the  development  of  the  Union  project  as  of  June   1,  2017   8.1.d Packet Pg. 333 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­39-­     Union  Neighborhood   (Tract  No.  8306)   (as  of  June  1,  2017)     Floor  Plan   Square   Footage   Total   Number   of   Planned   Units   Units   Completed,   Sold,  and   Closed   Units   Completed   and  Unsold   or  in  Escrow   Units  Under   Construction  (1)   Base   Price  (2)   Plan  1  1,443  14  0  0  6  $645,000   Plan  2  1,526  13  0  0  6  $685,000   Plan  3  1,770  13  0  0  6  $755,000   Plan  4  1,933  7  0  0  3  $745,000   Plan  5  2,076  14  0  0  6  $785,000   Plan  6  1,756  1  0  0  0  $755,000        Totals    62      27     ____________________   (1)    In  addition,  CalAtlantic  anticipates  the  construction  of  __  model  homes.     (2)    Base  sale  prices  are  as  of  June  1,  2017.    Base  sales  prices  are  subject  to  change  and  exclude  any  lot  premiums,   options,  upgrades,  incentives  and  any  selling  concessions  or  price  reductions  which  may  be  offered.   Source:  CalAtlantic     As  of  June  1,  2017,  CalAtlantic  has  incurred  approximately  $17,826,901  on  site   acquisition,  on-­site  development  costs,  fees,  and  costs  (other  than  homebuilding,  sales  and   marketing  costs)  and  anticipates  that  an  additional  $8,508,099  will  be  required  to  be  expended   on  such  costs  to  complete  the  neighborhood.    As  of  June  1,  2017,  CalAtlantic  has  spent   $1,141,781  on  home  construction,  sales  and  marketing,  and  anticipates  spending  an  additional   $14,903,056  to  buildout  the  62  homes  it  currently  anticipates  building.     Sunset  Neighborhood.    CalAtlantic  is  building  and  selling  homes  within  the  “Sunset”   neighborhood  within  Improvement  Area  No.  1.  The  homes  are  expected  to  consist  of  60   attached  single-­family  residential  units.    The  Sunset  neighborhood  is  expected  to  open  for  sales   in  __________,  20__,  and  CalAtlantic  anticipates  final  build-­out  by  __________,  20__.  The   following  tables  provide  additional  information  regarding  the  development  of  the  Sunset  project   as  of  June  1,  2017   Sunset  Neighborhood   (Tract  No.  8309)   (as  of  June  1,  2017)     Floor  Plan   Square   Footage   Total   Number   of   Planned   Units   Units   Completed,   Sold,  and   Closed   Units   Completed   and  Unsold   or  in  Escrow   Units  Under   Construction  (1)   Base   Price  (2)   Plan  1  2,405  20  0  0  0  $985,000   Plan  2  2,576  22  0  0  0  $1,003,000   Plan  3  2,688  18  0  0  0  $1,028,000        Totals    60           ____________________   (1)    In  addition,  CalAtlantic  anticipates  the  construction  of  __  model  homes.   (2)    Base  sale  prices  are  as  of  June  1,  2017.    Base  sales  prices  are  subject  to  change  and  exclude  any  lot  premiums,   options,  upgrades,  incentives  and  any  selling  concessions  or  price  reductions  which  may  be  offered.   Source:  CalAtlantic     Financing  Plan  -­  Developer     To  date,  the  Developer  has  financed  its  land  acquisition  and  various  site  development   costs  related  to  its  property  in  the  District  through  internally  generated  funds  and  lot  sales   8.1.d Packet Pg. 334 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­40-­   revenues.  The  Developer  estimates  that,  as  of  June  1,  2017,  the  remaining  costs  to  complete  its   planned  development  within  Improvement  Area  No.  1  will  be  $______  and  within  the  District  will   be  $__________.  The  Developer  expects  to  use  lot  sales  revenues,  internal  funding,  and   reimbursement  from  Bond  proceeds  to  complete  its  development  in  the  District  and  believes   that  it  will  have  sufficient  funds  available  to  complete  such  development  in  accordance  with  the   development  schedule  described  in  this  Official  Statement.     Although  the  Developer  expects  to  have  sufficient  funds  available  to  complete  its   development  in  the  District  as  described  in  this  Official  Statement,  there  can  be  no  assurance   that  amounts  necessary  to  finance  the  remaining  development  costs  will  be  available  to  the   Developer  from  its  internally  generated  funds  or  from  any  other  source  when  needed.  None  of   BrookCal,  SPIC,  BrookCal  Bay  Area,  BrookCal,  LLC,  BHC  BrookCal,  BrookCal  Bay  Area,   Brookfield  Residential,  CalAtlantic,  or  Cal  STRS,  nor  any  of  their  related  entities,  is  under  any   legal  obligation  of  any  kind  to  expend  funds  for  the  development  of  and  construction  of  homes   on  its  property  in  the  District.  Any  contributions  by  the  Developer  or  any  such  entity  to  fund  the   costs  of  such  development  are  entirely  voluntary.     If  and  to  the  extent  that  internal  funding,  including  but  not  limited  to  lot  sales  revenues,   are  inadequate  to  pay  the  costs  to  complete  the  planned  development  by  the  Developer  within   the  District  and  other  financing  by  the  Developer  is  not  put  into  place,  there  could  be  a  shortfall   in  the  funds  required  to  complete  the  planned  development  by  the  Developer  in  the  District.     Financing  Plan  –  Merchant  Builders     Brookfield  Merchant  Builders  Financing  Plan.  To  date,  each  Brookfield  Merchant   Builder  has  financed  its  land  acquisition,  site  development,  and  home  construction  costs  related   to  its  respective  Huntington,  Wilshire,  or  Fillmore  neighborhoods  in  Improvement  Area  No.  1   through  internally  generated  funds  and  home  sale  revenues.    As  of  June  1,  2017,  Brookfield   BAH  estimates  the  costs  to  complete  the  remaining  land  development  of  the  Huntington,   Wilshire,  and  Fillmore  neighborhoods  within  Improvement  Area  No.  1,  including  fees  but   excluding  costs  of  constructing,  selling  and  marketing  of  homes,  is  approximately  $42,495,000   million.    Brookfield  BAH  estimates  the  remaining  vertical  home  construction,  selling  and   marketing  costs  as  of  June  1,  2017  to  complete  its  three  projects  in  Improvement  Area  No.  1  to   be  approximately  $72,376,000  million.    The  foregoing  costs  are  exclusive  of  internal  financing   repayment  and  marketing  and  sales  costs.     Brookfield  BAH  expects  the  remaining  horizontal  and  vertical  home  construction  costs   will  be  financed  by  the  respective  Brookfield  Merchant  Builder  from  home  sales  and  internally   generated  funds  to  complete  its  development  activities  in  Improvement  Area  No.  1.    Brookfield   BAH  believes  that  the  Brookfield  Merchant  Builders  will  have  sufficient  funds  available  to   complete  their  proposed  development  activities  in  Improvement  Area  No.  1,  commensurate  with   the  development  timing  described  in  this  Official  Statement.     Although  Brookfield  BAH  expects  the  Brookfield  Merchant  Builders  to  have  sufficient   funds  available  to  complete  its  development  activities  in  Improvement  Area  No.  1,   commensurate  with  the  development  timing  described  in  this  Official  Statement,  there  can  be  no   assurance,  however,  that  amounts  necessary  to  finance  the  remaining  development  and  home   construction  costs  will  be  available  from  the  Brookfield  Merchant  Builders  or  any  other  source   when  needed.    Any  contributions  by  the  Brookfield  Merchant  Builders  or  any  of  their  respective   parent  companies  to  fund  the  costs  of  such  development  and  home  construction  are  entirely   voluntary.   8.1.d Packet Pg. 335 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­41-­     If  and  to  the  extent  that  internal  funding,  including  but  not  limited  to  home  sales   revenues,  are  inadequate  to  pay  the  costs  to  complete  the  planned  development  by  the   Brookfield  Merchant  Builders  within  Improvement  Area  No.  1  and  other  financing  by  the   Brookfield  Merchant  Builders  is  not  put  into  place,  there  could  be  a  shortfall  in  the  funds   required  to  complete  the  proposed  development  by  the  Brookfield  Merchant  Builders  in   Improvement  Area  No.  1  and  the  remaining  portions  of  the  development  may  not  be  developed.     CalAtlantic’s  Financing  Plan.  To  date,  CalAtlantic  has  financed  its  land  acquisition,  site   development,  and  home  construction  costs  related  to  its  Madison,  Union  and  Sunset   neighborhoods  in  Improvement  Area  No.  1  through  internally  generated  funds  and  home  sale   revenues.    As  of  June  1,  2017,  CalAtlantic  estimates  the  costs  to  complete  the  remaining  land   development  of  the  Madison,  Union  and  Sunset  neighborhoods  within  Improvement  Area  No.  1,   including  fees  but  excluding  costs  of  constructing,  selling  and  marketing  homes,  is   approximately  $48,175,959  million.    CalAtlantic  estimates  the  remaining  vertical  home   constructing,  selling  and  marketing  costs  as  of  June  1,  2017  to  complete  its  three  projects  in   Improvement  Area  No.  1  to  be  approximately  $58,179,675  million.    The  foregoing  costs  are   exclusive  of  internal  financing  repayment  and  marketing  and  sales  costs.     CalAtlantic  expects  the  remaining  horizontal  and  vertical  home  construction  costs  will  be   financed  by  CalAtlantic  from  home  sales,  internally  generated  funds  and  funding  under   CalAtlantic’s  revolving  credit  facility  (described  below)  to  complete  its  development  activities  in   Improvement  Area  No.  1.    However,  home  sales  revenues  for  CalAtlantic’s  projects  in   Improvement  Area  No.  1  are  not  segregated  and  set  aside  for  the  payment  of  costs  required  to   complete  its  activities  in  Improvement  Area  No.  1.    Home  sales  revenue  is  accumulated  and   used  to  pay  costs  of  operations  for  CalAtlantic  and  its  subsidiaries,  to  pay  debt  service  on   outstanding  debt  and  for  other  corporate  purposes,  and  may  be  diverted  to  pay  costs  other  than   the  costs  of  completing  CalAtlantic’s  activities  in  Improvement  Area  No.  1  at  the  discretion  of   CalAtlantic’s  management.    Notwithstanding  the  foregoing,  CalAtlantic  believes  that  it  will  have   sufficient  funds  available  to  complete  its  proposed  development  activities  in  Improvement  Area   No.  1,  commensurate  with  the  development  timing  described  in  this  Official  Statement.     As  of  March  31,  2017,  2016,  CalAtlantic  was  party  to  a  $750  million  unsecured  revolving   credit  facility  (the  “Revolving  Facility”),  which  matures  in  October  2019.    The  Revolving  Facility   is  not  secured  by  any  property  in  Improvement  Area  No.  1.    The  Revolving  Facility  has  an   accordion  feature  under  which  the  aggregate  commitment  may  be  increased  up  to  $1.2  billion,   subject  to  the  availability  of  additional  bank  commitments  and  certain  other  conditions.  The   Revolving  Facility  contains  certain  covenants  and  conditions  that  may  limit  the  amount  that   CalAtlantic  may  borrow  or  have  outstanding  at  any  time.    As  of  March  31,  2017,  CalAtlantic  had   no  amounts  outstanding  under  the  Revolving  Facility  and  had  outstanding  letters  of  credit   issued  under  the  Revolving  Facility  totaling  $106.5  million,  leaving  $643.5  million  available   under  the  Revolving  Facility  to  be  drawn  as  of  such  date.    CalAtlantic’s  ability  to  renew  the   Revolving  Facility  in  the  future  is  dependent  upon  a  number  of  factors  including  the  state  of  the   commercial  lending  environment,  the  willingness  of  banks  to  lend  to  homebuilders  and   CalAtlantic’s  financial  condition  and  strength.     Although  CalAtlantic  expects  to  have  sufficient  funds  available  to  complete  its   development  activities  in  Improvement  Area  No.  1,  commensurate  with  the  development  timing   described  in  this  Official  Statement,  there  can  be  no  assurance,  however,  that  amounts   necessary  to  finance  the  remaining  development  and  home  construction  costs  will  be  available   from  CalAtlantic  or  any  other  source  when  needed.    For  example,  borrowings  under  the   8.1.d Packet Pg. 336 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­42-­   Revolving  Facility  may  not  be  available,  and  home  sales  revenue,  which  is  accumulated  daily   for  use  in  operations  by  CalAtlantic,  including  to  fund  costs  of  other  direct  and  indirect   subsidiaries,  to  pay  debt  service  on  outstanding  debt  and  for  other  corporate  purposes,  may  be   diverted  to  pay  costs  other  than  the  costs  of  completing  CalAtlantic’s  activities  in  Improvement   Area  No.  1  at  the  discretion  of  CalAtlantic’s  management.    CalAtlantic,  its  lenders,  or  any  of  their   related  entities  are  not  under  any  legal  obligation  of  any  kind  to  expend  funds  for  the   development  of  and  construction  of  homes  on  CalAtlantic’s  property  in  Improvement  Area  No.  1.   Any  contributions  by  CalAtlantic  to  fund  the  costs  of  such  development  and  home  construction   are  entirely  voluntary.     If  and  to  the  extent  that  internal  funding,  including  but  not  limited  to  home  sales  revenues,  and   borrowings  under  the  Revolving  Facility  are  inadequate  to  pay  the  costs  to  complete  the   planned  development  by  CalAtlantic  within  Improvement  Area  No.  1  and  other  financing  by   CalAtlantic  is  not  put  into  place,  there  could  be  a  shortfall  in  the  funds  required  to  complete  the   proposed  development  by  CalAtlantic  in  Improvement  Area  No.  1  and  the  remaining  portions  of   the  development  may  not  be  developed.      OWNERSHIP  OF  PROPERTY  WITHIN  IMPROVEMENT  AREA  NO.  1     Unpaid  Special  Taxes  do  not  constitute  a  personal  indebtedness  of  the  owners  of  the   parcels  within  the  District.    There  is  no  assurance  that  the  present  property  owners  or  any   subsequent  owners  will  have  the  ability  to  pay  the  Special  Taxes  or  that,  even  if  they  have  the   ability,  they  will  choose  to  pay  the  Special  Taxes.    An  owner  may  elect  to  not  pay  the  Special   Taxes  when  due  and  cannot  be  legally  compelled  to  do  so.    Neither  the  City  nor  any  Bondowner   will  have  the  ability  at  any  time  to  seek  payment  directly  from  the  owners  of  property  within  the   District  of  the  Special  Tax  or  the  principal  or  interest  on  the  Bonds,  or  the  ability  to  control  who   becomes  a  subsequent  owner  of  any  property  within  the  District.     The  Developer  has  provided  the  information  set  forth  in  this  section  entitled   “OWNERSHIP  OF  PROPERTY  WITHIN  IMPROVEMENT  AREA  NO.  1.”    No  assurance  can  be   given  that  all  information  is  complete.    In  addition,  any  Internet  addresses  included  below  are  for   reference  only,  and  the  information  on  those  Internet  sites  is  not  a  part  of  this  Official  Statement   or  incorporated  by  reference  into  this  Official  Statement.     No  assurance  can  be  given  that  development  of  the  property  will  be  completed,  or  that  it   will  be  completed  in  a  timely  manner.    The  Special  Taxes  are  not  personal  obligations  of  the   developers  or  of  any  subsequent  landowners;;  the  Bonds  are  secured  only  by  the  Special  Taxes   and  moneys  available  under  the  Fiscal  Agent  Agreement.    See  “SECURITY  AND  SOURCES   OF  PAYMENT  FOR  THE  BONDS”  and  “SPECIAL  RISK  FACTORS”  herein.     The  Developer       The  following  information  describing  the  Developer,  BrookCal  and  CalAtlantic  has  been   primarily  provided  by  the  Developer,  BrookCal  and  CalAtlantic.  The  City  has  not  independently   verified  this  information  and  assumes  no  responsibility  for  its  accuracy  or  completeness.  It  is   only  provided  as  a  convenience  to  enable  investors  to  more  easily  commence  their  own   independent  investigations  if  they  so  choose.     The  master  developer  of  the  property  within  the  District  is  Dublin  Crossing,  LLC,  a   Delaware  limited  liability  company  (previously  defined  as  “Dublin  Crossing”  or  the   “Developer”).  Dublin  Crossing  is  a  joint  venture  between  BrookCal  Dublin  LLC,  a  Delaware   limited  liability  company  (previously  defined  as  “BrookCal”),  and  SPIC  Dublin  LLC,  a  Delaware   8.1.d Packet Pg. 337 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­43-­   limited  liability  company  (previously  defined  as  “SPIC”),  an  affiliate  of  CalAtlantic  Group,  Inc.,  a   Delaware  corporation  (previously  defined  as  “CalAtlantic”).       BrookCal.    BrookCal  is  owned  100%  by  BrookCal  Bay  Area  Holdings  LLC,  a  Delaware   limited  liability  company  (“BrookCal  Bay  Area”).    BrookCal  Bay  Area  is  owned  100%  by   BrookCal,  LLC,  a  Delaware  limited  liability  company  (“BrookCal,  LLC”).    BrookCal,  LLC  is  a   joint  venture  between  BHC  BrookCal,  LLC,  a  Delaware  limited  liability  company  (“BHC   BrookCal”),  and  the  California  State  Teachers  Retirement  System  (“Cal  STRS”).  BHC  BrookCal   is  an  indirect  wholly-­owned  subsidiary  of  Brookfield  Residential  Properties  Inc.  (“Brookfield   Residential”),  a  wholly-­owned  subsidiary  of  Brookfield  Asset  Management  Inc.,  which  has  been   developing  land  and  building  homes  for  over  50  years.  Brookfield  Residential  is  a  leading  North   American  land  developer  and  homebuilder  with  operations  in  Canada  and  the  United  States,   which  entitles  and  develops  land  to  create  master-­planned  communities  and  builds  and  sells   lots  to  third-­  party  builders,  as  well  as  to  its  own  homebuilding  divisions.  Brookfield  Residential   also  participates  in  select  strategic  real  estate  opportunities,  including  infill  projects,  mixed-­use   developments,  infrastructure  projects  and  joint  ventures.  Brookfield  Residential  currently   focuses  on  the  following  operating  segments:  Canada,  California  and  Central  and  Eastern   United  States.  Its  Canadian  operations  are  primarily  in  the  Alberta  and  Ontario  markets.   Brookfield  Residential  has  homebuilding  operations  in  Austin,  Calgary,  Denver,  Edmonton,   Hawaii,  Los  Angeles,  Phoenix,  San  Diego,  San  Francisco,  Toronto,  and  Washington  D.C.   Brookfield  Residential  has  been  active  in  the  Northern  California  market  since  1997.       Information  regarding  Brookfield  Residential’s  operations  in  Northern  California  is   available  at  www.brookfieldnorcal.com.  Copies  of  Brookfield  Residential’s  financial  statements   and  other  information  are  currently  available  from  Brookfield  Residential’s  website  at   www.brookfieldresidential.com.  These  Internet  addresses  are  included  for  reference  only,  and   the  information  on  these  Internet  sites  is  not  a  part  of  this  Official  Statement  and  is  not   incorporated  by  reference  into  this  Official  Statement.  No  representation  is  made  in  this  Official   Statement  as  to  the  accuracy  or  adequacy  of  the  information  contained  on  these  Internet  sites.       CalAtlantic.    CalAtlantic  Group,  Inc.,  referred  to  herein  as  CalAtlantic,  is  a  homebuilder   incorporated  in  Delaware  in  1991,  with  principal  executive  offices  located  in  Irvine,  California.   CalAtlantic  is  a  publicly  traded  company  with  its  stock  listed  on  the  New  York  Stock  Exchange   under  the  symbol  “CAA.”     The  development  of  the  Madison,  Union  and  Sunset  neighborhoods  in  Improvement   Area  No.  1  is  currently  being  undertaken  by  the  Northern  California  Division  of  CalAtlantic.     CalAtlantic  is  subject  to  the  informational  requirements  of  the  Exchange  Act,  and  in   accordance  therewith  is  obligated  to  file  reports,  proxy  statements,  and  other  information,   including  financial  statements,  with  the  SEC.  Such  filings,  including  particularly  CalAtlantic’s   Annual  Report  on  Form  10-­K  for  the  fiscal  year  ended  December  31,  2016,  as  filed  with  the   SEC  on  February  28,  2017,  and  Quarterly  Report  on  Form  10-­Q  for  the  quarter  ended  March   31,  2017,  as  filed  with  the  SEC  on  April  28,  2017,  set  forth  certain  data  relative  to  the   consolidated  results  of  operations  and  financial  position  of  CalAtlantic  and  its  subsidiaries  as  of   such  dates.  The  SEC  maintains  an  internet  web  site  that  contains  reports,  proxy  and  information   statements  and  other  information  regarding  registrants  that  file  electronically  with  the  SEC,   including  CalAtlantic.  The  address  of  such  internet  web  site  is  www.sec.gov.  All  documents   subsequently  filed  by  CalAtlantic  pursuant  to  the  requirements  of  the  Exchange  Act  after  the   date  of  this  Official  Statement  will  be  available  for  inspection  in  such  manner  as  the  SEC   prescribes.  Copies  of  CalAtlantic’s  annual  report,  quarterly  reports  and  current  reports,  including   8.1.d Packet Pg. 338 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­44-­   any  amendments,  are  also  available  from  CalAtlantic’s  website  at  www.calatlantichomes.com.   The  foregoing  internet  addresses  and  references  to  filings  with  the  SEC  are  included  for   reference  only,  and  the  information  on  such  internet  sites  and  on  file  with  the  SEC  are  not  a  part   of  this  Official  Statement  and  are  not  incorporated  by  reference  into  this  Official  Statement.  No   representation  is  made  in  this  Official  Statement  as  to  the  accuracy  or  adequacy  of  the   information  contained  on  such  internet  sites.     The  Developer  has  financed  planning,  design  and  construction  of  Authorized   Improvements  to  date  from  various  existing  sources  pending  acquisition  of  Authorized   Improvements  by  the  City  and  payment  to  the  Developer  from  proceeds  of  the  Bonds  and,   under  limited  circumstances,  Special  Taxes.  The  Developer  has  utilized  their  access  to  funds   from  cash  and  existing  operating  lines  of  credit  to  commence  the  development  of  infrastructure.         APPRAISED  VALUE  OF  PROPERTY  WITHIN  IMPROVEMENT  AREA  NO.  1     The  Appraisal       General.  Seevers  Jordan  Ziegenmeyer,  Rocklin,  California  (the  “Appraiser”)  prepared   an  appraisal  report  with  a  date  of  value  of  May  17,  2017  (the  “Appraisal”).    The  Appraisal  was   prepared  at  the  request  of  the  City.     The  Appraiser  was  requested  by  the  City  to  provide  a  market  value  of  the  appraised   properties  by  ownership,  as  well  as  a  cumulative,  or  aggregate,  value  of  the  appraised   properties  within  the  District  (see  “Property  Appraised”  below),  under  the  assumptions  and   conditions  cited  in  the  attached  report.  The  value  estimates  assume  a  transfer  would  reflect  a   cash  transaction  or  terms  that  are  considered  to  be  equivalent  to  cash.  The  estimates  are  also   premised  on  an  assumed  sale  after  reasonable  exposure  in  a  competitive  market  under  all   conditions  requisite  to  a  fair  sale,  with  buyer  and  seller  each  acting  prudently,  knowledgeably,   for  their  own  self-­interest  and  assuming  neither  is  under  duress.     The  Appraisal  is  set  forth  in  its  entirety  in  APPENDIX  B  hereto.    The  description  herein  of   the  Appraisal  is  intended  for  limited  purposes  only;;  the  Appraisal  should  be  read  in  its  entirety.     The  conclusions  reached  in  the  Appraisal  are  subject  to  certain  assumptions  and  qualifications   which  are  set  forth  in  the  Appraisal.         Property  Appraised.    The  Appraisal  valued  the  fee  simple  estate  of  certain  taxable  land   areas  in  Improvement  Area  No.  1.  More  specifically,  the  appraised  properties  consist  of  453   residential  units  (129  detached  and  324  attached)  held  by  one  master  developer  and  two   separate  merchant  builders.  Any  properties  within  the  boundaries  of  the  District  not  subject  to   the  Lien  of  the  Special  Tax  securing  the  Bonds  (public  and  quasi-­public  land  use  sites)  are  not  a   part  of  the  appraisal.       Value  Estimate.    The  market  value  of  the  appraised  properties,  by  ownership,  as  well   as  the  cumulative,  or  aggregate,  value,  are  subject  to  the  hypothetical  condition  various  public   improvements  to  be  financed  by  proposed  series  of  Bonds  have  been  paid.  The  estimates  of   value  also  account  for  the  impact  of  the  Lien  of  the  Special  Tax  securing  the  Bonds.     The  value  estimate  for  the  appraised  property  as  of  the  May  17,  2017  date  of  value,   using  the  methodologies  described  in  the  Appraisal  and  subject  to  the  hypothetical  condition   that  various  public  improvements  to  be  financed  by  the  Bonds  are  in  place,  and  subject  to  other   8.1.d Packet Pg. 339 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­45-­   assumptions  and  limiting  conditions  set  forth  in  the  Appraisal,  and  based  on  the  ownership  of   the  property  as  of  that  date  is  $153,210,000,  as  follows:     Property  Owner  Type   No.   of   Units   Conclusion  of   Value  (Rd.)           CalAtlantic  Group,  Inc.         Phase  1A:  Union  Attached  62  $16,340,000   Phase  1A:  Madison  Attached  107  $30,950,000   Phase  1B:  Sunset  Detached  60  $28,200,000          Subtotal  229  $75,490,000           Brookfield  Entities         Phase  IA:  Wilshire  Attached  75  $22,660,000   Phase  I  A:  Huntington  (A)  Detached  45  $19,830,000   Phase  I  B:  Fillmore  Attached  80  $25,340,000        Subtotal  200  $67,830,000           Dublin  Crossing  Land  Company         Phase  IA:  Huntington  (B)  Detached  24  $9,890,000        Subtotal  24  $9,890,000           Aggregate  (Cumulative)  Value  of  Improvement  Area  No.  1  $153,210,000     Note  that  the  aggregate  value  noted  is  not  the  market  value  of  the  appraised  properties   in  bulk.  As  defined  by  The  Dictionary  of  Real  Estate  Appraisal,  an  aggregate  value  is  the  “total   of  multiple  market  value  conclusions.”  For  purposes  of  the  Appraisal,  market  value  is  estimated   by  ownership.     Appraisal  Methodology.    In  the  Appraisal,  the  Appraiser  determined  the  market  value   of  the  residential  land,  by  lot  size  category,  estimate  by  employing  the  use  of  the  sales   comparison  approach  and  a  land  residual  analysis,  or  discounted  cash  flow  analysis  (DCF),   described  as  follows:  “In  the  sales  comparison  approach  we  analyzed  comparable  bulk  lot  sales   from  the  region  and  adjusted  the  datum  for  attributes  that  varied  from  the  subject’s  four  land   development  categories.  A  land  residual  analysis  was  also  utilized  to  estimate  the  market  value   of  the  subject  lots,  by  lot  size  category.  The  land  residual  analyses  are  a  discounted  cash  flow   (DCF)  analysis  that  considered  home  prices  and  costs  for  each  lot  size  category,  leading  to  an   estimate  of  residual  land  value.  A  DCF  analysis  is  a  procedure  in  which  a  discount  rate  is   applied  to  a  projected  revenue  stream  generated  from  the  sale  of  individual  components  of  a   project.  In  this  method  of  valuation,  the  appraiser  specifies  the  quantity,  variability,  timing  and   duration  of  the  revenue  streams  and  discounts  each  to  its  present  value  at  a  specified  yield  rate.   In  the  analysis  described,  the  revenue  component  of  the  DCF  was  based  on  the  market  value   for  the  proposed  homes  for  each  lot  size  category.  A  number  of  assumptions  were  made  in  the   discounted  cash  flow  analysis,  not  the  least  of  which  is  the  forecast  of  absorption,  or  disposition,   of  the  homes  comprising  each  lot  size  category.  The  lot  values  indicated  by  each  approach   were  then  reconciled  into  an  opinion  of  market  value  for  the  subject’s  four  land  development   categories  as  if  in  finished  condition.”     Extraordinary  Assumptions  and  Limiting  Conditions.    In  addition  to  the  hypothetical   condition  described  above,  the  Appraisal  is  based  upon  a  number  of  standard  and  special   assumptions  and  conditions,  all  of  which  affect  the  estimate  as  to  value,  some  of  which  include   the  following.    See  “APPENDIX  B  –  THE  APPRAISAL”  for  a  complete  list  of  such  assumptions   8.1.d Packet Pg. 340 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­46-­   and  conditions.    The  Appraisal  states  the  following  extraordinary  assumptions  and  hypothetical   condition:     •  It  is  assumed  there  are  no  adverse  soil  conditions,  toxic  substances  or  other   environmental  hazards  that  may  interfere  or  inhibit  the  development  of  the  subject   properties.     •  The  exact  locations  of  the  easements  referenced  in  a  preliminary  title  report  were  not   provided  to  the  appraiser.  The  appraiser  is  not  a  surveyor  nor  qualified  to  determine   the  exact  location  of  the  referenced  easements.  It  is  assumed  the  easements  which   would  be  noted  in  a  preliminary  title  report  do  not  have  an  impact  on  the  opinions  of   value  as  provided  in  this  report.  If,  at  some  future  date,  these  easements  are   determined  to  have  a  detrimental  impact  on  value,  the  appraiser  reserves  the  right  to   amend  the  opinion(s)  of  value.  The  opinions  of  value  presented  in  this  report  are   predicated  on  none  of  the  items  referenced  in  the  preliminary  title  report  having  a   detrimental  impact  upon  the  utility  of  the  property  as  proposed,  nor  the  opinions  of   value.  If,  at  some  future  date,  these  exceptions  are  determined  to  have  a  detrimental   impact  on  value,  the  appraiser  reserves  the  right  to  amend  the  opinion(s)  of  value.     •  We  have  been  requested  to  estimate  the  market  value  of  the  appraised  properties,   by  ownership,  as  well  as  the  cumulative,  or  aggregate,  value  of  the  District  as  of  the   date  of  inspection  (May  17,  2017),  subject  to  the  hypothetical  condition  various  public   improvements  to  be  financed  by  the  City  of  Dublin  Community  Facilities  District  No.   2015-­1  (Dublin  Crossing)  Bonds  are  in  place  and  available  for  use.         Exposure  Time.    The  Appraisal  comments  on  exposure  time  for  the  property  appraised   as  follows:  “Exposure  time  indicates  that  exposure  time  is  the  period  a  property  interest  would   have  been  offered  on  the  market  prior  to  the  hypothetical  consummation  of  a  sale  at  market   value  on  the  effective  date  of  the  Appraisal.  Marketing  time  reflects  the  time  it  might  take  to  sell   an  interest  in  real  property  at  its  estimated  market  value  during  the  period  immediately  after  the   effective  date  of  the  appraisal.  Exposure  time  and  marketing  time  may  or  may  not  be  similar   depending  on  whether  market  activity  in  the  immediate  future  continues  in  the  same  manner  as   in  the  immediate  past.  Indications  of  the  exposure  time  associated  with  a  market  value  estimate   are  provided  by  the  marketing  times  of  sale  comparables,  interviews  with  participants  in  the   market,  and  analysis  of  general  economic  conditions.  Estimation  of  a  future  marketing  time  is   more  difficult,  requiring  forecasting  and  analysis  of  trends.  Exposure  time  is  defined  as  the   length  of  time  a  property  interest  would  have  been  offered  on  the  market  prior  to  the   hypothetical  consummation  of  a  sale  at  market  value  on  the  effective  date  of  the  appraisal.  It  is   a  retrospective  estimate  of  time  based  on  an  analysis  of  past  events  assuming  a  competitive   and  open  market.  The  residential  land  market  throughout  the  San  Francisco  Bay  Area  region   has  been  in  a  state  of  expansion  for  several  years.  A  transfer  of  residential  land  has  typically   occurred  within  12  months  of  exposure.  Given  the  size  of  the  subject  properties,  and  the   condition  of  the  market,  it  is  expected  that  if  appropriately  priced,  the  exposure  time  for  the   subject  properties,  assuming  the  properties  (by  ownership)  are  not  marketed  concurrently,   would  likely  be  approximately  12  months.”     No  assurance  can  be  given  that  the  estimated  exposure  time  or  absorption  of  sales  of   property  in  Improvement  Area  1  will  be  achieved  or  attained  over  an  extended  period  of  time;;   real  estate  is  cyclical  in  nature,  and  it  is  impossible  to  accurately  forecast  and  project  specific   demand  over  a  projected  period.  See  “SPECIAL  RISK  FACTORS  –  Property  Values  and   Property  Development.”   8.1.d Packet Pg. 341 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­47-­     Limitations  of  Appraisal  Valuation.    Property  values  may  not  be  evenly  distributed   throughout  the  District;;  thus,  certain  parcels  may  have  a  greater  value  than  others.    This   disparity  is  significant  because  in  the  event  of  nonpayment  of  the  Special  Tax,  the  only  remedy   is  to  foreclose  against  the  delinquent  parcel.     No  assurance  can  be  given  that  the  estimate  of  market  value  set  forth  in  the  Appraisal   can  or  will  be  maintained  during  the  period  of  time  that  the  Bonds  are  outstanding  in  that  the   City  has  no  control  over  the  market  value  of  the  property  within  the  District  or  the  amount  of   additional  indebtedness  that  may  be  issued  in  the  future  by  other  public  agencies,  the  payment   of  which,  through  the  levy  of  a  tax  or  an  assessment,  may  be  on  a  parity  with  the  Special  Taxes.     See  “Overlapping  Liens  and  Priority  of  Lien”  below.     For  a  description  of  certain  risks  that  might  affect  the  assumptions  made  in  the   Appraisal,  see  “SPECIAL  RISK  FACTORS”  herein.     8.1.d Packet Pg. 342 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­48-­     Value  to  Special  Tax  Burden  Ratios     The  following  table  sets  forth  the  value-­to-­lien  ratios  for  property  within  Improvement  Area  No.  1,  based  on   the  appraised  values  set  forth  in  the  Appraisal.       Improvement  Area  No.  1   City  of  Dublin   CFD  No.  2015-­1  (Dublin  Crossing)                          Hypothetical  Fiscal  Year  2017-­18  Special  Tax  Levy  and  Value-­to-­Lien   (Development  Status  as  of  June  30,  2017)                                                                 Hypothetical  Percent  of                   Planned     FY  2017-­18  Estimated  Series                 Residential  Appraised  Special  FY  2017-­18  2017   Value-­ to-­       Development   Status  Units  (1)  Value  Tax  Levy  (2)   Tax  Levy   (3)  Bonds*  (4)  Lien*                                                       Developed   Property                     Brookfield  71  $25,279,567  $312,807  17.9%  $5,856,721  4.3         CalAtlantic  78  $21,867,676  $291,997  16.7%  $5,467,082  4.0         Subtotal  149  $47,147,242  $604,804  34.6%  $11,323,802  4.2                               Undeveloped   Property                     Brookfield  129  $42,550,433  $560,674  32.1%  $10,497,562  4.1         CalAtlantic  151  $53,622,324  $476,533  27.2%  $8,922,174  6.0         Dublin   Crossing  24  $9,890,000  $106,898  6.1%  $2,001,461  4.9         Subtotal  304  $106,062,758  $1,144,105  65.4%  $21,421,198  5.0                                 Total     453  $153,210,000  $1,748,909  100.0%  $32,745,000  4.7                            *  Preliminary,  subject  to  change                                       (1)   Based  on  Attachment  1  of  the  Rate  and  Method  of   Apportionment.            (2)  Special  taxes  will  only  be  levied  against  parcels  of  Developed  Property  in  fiscal  year  2017-­18;;  the  remainder  of  debt  service  will       be  paid  from  capitalized  interest  funded  with  proceeds  of  the  2017  Bonds.          (3)  Interest  on  Bonds  is  capitalized  through  September  1,  2018.             (4)   Allocated  based  on  the  share  of  the  hypothetical  fiscal  year  2017-­18  special  tax  levy.    There  is  no  overlapping  tax  and  assessment   debt.       Overlapping  debt  from  general  obligation  bonds  and  PACE  liens  (if  any)  have  not  been  included.                                Source:  Seevers,  Jordan,  Ziegenmeyer;;  Prager  &  Co,  LLC;;  Goodwin  Consulting  Group,  Inc.         8.1.d Packet Pg. 343 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­49-­   In  comparing  the  appraised  value  of  the  real  property  within  the  District  and  the  principal   amount  of  the  Bonds,  it  should  be  noted  that  only  the  real  property  upon  which  there  is  a   delinquent  Special  Tax  can  be  foreclosed  upon,  and  the  real  property  within  the  District  cannot   be  foreclosed  upon  as  a  whole  to  pay  delinquent  Special  Taxes  of  the  owners  of  such  parcels   within  the  District  unless  all  of  the  property  is  subject  to  a  delinquent  Special  Tax.    In  any  event,   individual  parcels  may  be  foreclosed  upon  separately  to  pay  delinquent  Special  Taxes  levied   against  such  parcels.     Other  public  agencies  whose  boundaries  overlap  those  of  the  District  could,  without  the   consent  of  the  City  and  in  certain  cases  without  the  consent  of  the  owners  of  the  land  within  the   District,  impose  additional  taxes  or  assessment  liens  on  the  land  within  the  District.    The  lien   created  on  the  land  within  the  District  through  the  levy  of  such  additional  taxes  or  assessments   may  be  on  a  parity  with  the  lien  of  the  Special  Tax.    In  addition,  construction  loans  may  be   obtained  by  the  Merchant  Builders  or  home  loans  may  be  obtained  by  ultimate  homeowners.     The  deeds  of  trust  securing  such  debt  on  property  within  the  District,  however,  will  be   subordinate  to  the  lien  of  the  Special  Tax.     Overlapping  Liens  and  Priority  of  Lien     The  principal  of  and  interest  on  the  Bonds  are  payable  from  the  Special  Tax  authorized   to  be  collected  within  the  District,  and  payment  of  the  Special  Tax  is  secured  by  a  lien  on  certain   real  property  within  the  District.    Such  lien  is  co-­equal  to  and  independent  of  the  lien  for  general   taxes  and  any  other  liens  imposed  under  the  Act,  regardless  of  when  they  are  imposed  on  the   property  in  the  District.    The  imposition  of  additional  special  taxes,  assessments  and  general   property  taxes  will  increase  the  amount  of  independent  and  co-­equal  liens  which  must  be   satisfied  in  foreclosure.    The  City,  the  County  and  certain  other  public  agencies  are  authorized   by  the  Act  to  form  other  community  facilities  districts  and  improvement  areas  and,  under  other   provisions  of  State  law,  to  form  special  assessment  districts,  either  or  both  of  which  could   include  all  or  a  portion  of  the  land  within  the  District.         Set  forth  on  the  following  page  is  an  overlapping  debt  table  showing  the  existing   authorized  indebtedness  payable  with  respect  to  property  within  the  District.    This  table  has   been  prepared  by  California  Municipal  Statistics  Inc.  as  of  the  date  indicated,  and  is  included  for   general  information  purposes  only.    The  City  has  not  reviewed  the  data  for  completeness  or   accuracy  and  makes  no  representations  in  connection  therewith.   8.1.d Packet Pg. 344 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­50-­     CITY  OF  DUBLIN   IMPROVEMENT  AREA  NO.  1     COMMUNITY  FACILITIES  DISTRICT  NO.  2015-­1  (DUBLIN  CROSSING)   As  of  June  1,  2017     2016-­17  Assessed  Valuation:    $23,225,000     DIRECT  AND  OVERLAPPING  TAX  AND  ASSESSMENT  DEBT:  %  Applicable  Debt     Bay  Area  Rapid  Transit  District  0.004%  $    35,406   Chabot-­Las  Positas  Community  College  District  0.021  112,862   Dublin  Unified  School  District  0.169  573,153   East  Bay  Regional  Park  District  0.006  6,853   City  of  Dublin  -­  Dublin  Crossing  Community  Facilities  District                                                100.000                          -­-­(1)   TOTAL  DIRECT  AND  OVERLAPPING  TAX  AND  ASSESSMENT  DEBT    $728,274     OVERLAPPING  GENERAL  FUND  DEBT:   Alameda  County  General  Fund  Obligations  0.009%  $78,348   Alameda  County  Pension  Obligation  Bonds  0.009      2,534   TOTAL  OVERLAPPING  GENERAL  FUND  DEBT    $80,882     COMBINED  TOTAL  DEBT    $809,156(2)       Ratios  to  2016-­17  Assessed  Valuation:   Direct  Debt  ($0)  .......................................................................  0.00%   Total  Direct  and  Overlapping  Tax  and  Assessment  Debt  ........  3.14%   Combined  Total  Debt  ...............................................................  3.48%   _________________   (1)  Excludes  issue  to  be  sold.   (2)  Excludes  tax  and  revenue  anticipation  notes,  enterprise  revenue,  mortgage  revenue  and  non-­bonded  capital  lease  obligations.   Source:  California  Municipal  Statistics,  Inc.     There  can  be  no  assurance  that  the  Developer,  its  affiliates  or  any  subsequent  owner   will  not  petition  for  the  formation  of  other  community  facilities  districts  and  improvement  areas  or   for  a  special  assessment  district  or  districts  and  that  parity  special  taxes  or  special  assessments   will  not  be  levied  by  the  County  or  some  other  public  agency  to  finance  additional  public   facilities,  however  no  other  special  districts  are  currently  contemplated  by  the  City  or  the   Developer.     Private  liens,  such  as  deeds  of  trust  securing  loans  obtained  by  the  Developer,  may  be   placed  upon  property  in  the  District  at  any  time.    Under  California  law,  the  Special  Taxes  have   priority  over  all  existing  and  future  private  liens  imposed  on  property  subject  to  the  lien  of  the   Special  Taxes.       8.1.d Packet Pg. 345 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­51-­     SPECIAL  RISK  FACTORS     The  purchase  of  the  Bonds  described  in  this  Official  Statement  involves  a  degree  of  risk   that  may  not  be  appropriate  for  some  investors.    The  following  is  a  description  of  certain  risk   factors  affecting  the  District,  the  property  owners  in  the  District,  the  parcels  subject  to  the  levy  of   Special  Tax  and  the  payment  of  and  security  for  the  Bonds.  The  following  discussion  of  risks  is   not  meant  to  be  a  complete  list  of  the  risks  associated  with  the  purchase  of  the  Bonds  and  does   not  necessarily  reflect  the  relative  importance  of  the  various  risks.  Potential  investors  are   advised  to  consider  the  following  factors  along  with  all  other  information  in  this  Official   Statement  in  evaluating  the  investment  quality  of  the  Bonds.  There  can  be  no  assurance  that   other  risk  factors  will  not  become  material  in  the  future.       Limited  Obligation  of  the  City  to  Pay  Debt  Service     The  City  has  no  obligation  to  pay  principal  of  and  interest  on  the  Bonds  in  the  event   Special  Tax  collections  are  delinquent,  other  than  from  amounts,  if  any,  on  deposit  in  the   Reserve  Fund  or  funds  derived  from  the  tax  sale  or  foreclosure  and  sale  of  parcels  on  which   levies  of  the  Special  Tax  are  delinquent,  nor  is  the  City  obligated  to  advance  funds  to  pay  such   debt  service  on  the  Bonds.    The  Bonds  are  not  general  obligations  of  the  City  but  are  limited   obligations  of  the  City  and  Improvement  Area  No.  1  payable  solely  from  the  proceeds  of  the   Special  Tax  and  certain  funds  held  under  the  Fiscal  Agent  Agreement,  including  amounts   deposited  in  the  Reserve  Fund  and  investment  income  thereon,  and  the  proceeds,  if  any,  from   the  sale  of  property  subject  to  the  Special  Tax  in  the  event  of  a  foreclosure.    See  “SECURITY   AND  SOURCES  OF  PAYMENT  FOR  THE  BONDS.”    Any  tax  for  the  payment  of  the  Bonds  will   be  limited  to  the  Special  Taxes  to  be  collected  within  the  jurisdiction  of  Improvement  Area  No.  1.     Neither  the  faith  and  credit  nor  the  taxing  power  of  the  City  or  the  State  of  California  or  of  any  of   their  respective  political  subdivisions  is  pledged  to  the  payment  of  the  Bonds.     Special  Tax  Not  a  Personal  Obligation     An  owner  of  property  in  Improvement  Area  No.  1  is  not  personally  obligated  to  pay  the   Special  Tax  attributable  to  the  property  in  Improvement  Area  No.  1.    Rather,  the  Special  Tax  is   an  obligation  only  against  the  parcel  of  property,  secured  by  the  amount  which  could  be  realized   in  a  foreclosure  proceeding  against  the  property,  and  not  by  any  promise  of  the  owner  of  any   property  to  pay.    If  the  value  of  the  property  is  not  sufficient  for  the  payment  of  debt  service  on   the  Bonds,  taking  into  account  other  obligations  also  constituting  a  lien  against  the  property,  the   City,  Fiscal  Agent  and  owners  of  the  Bonds  have  no  recourse  against  the  owner,  such  as  filing  a   lawsuit  to  collect  money.     Concentration  of  Ownership     All  of  the  land  within  Improvement  Area  No.  1  is  currently  owned  by  the  Developer  and   the  Merchant  Builders,  as  there  have  not  yet  been  any  transfers  to  homeowners.  The  lack  of   diversity  in  ownership  of  property  in  the  District,  and  the  consequent  lack  of  diversity  in  the   obligation  to  pay  the  Special  Tax  levied  in  the  District,  represents  significant  risk  to  the  owners   of  the  Bonds  in  that  the  ability  of  the  Developer  and  the  Merchant  Builders  to  pay  the  Special   Tax  levied  on  property  they  own  will  depend,  in  part,  on  the  successful  sales  of  lots  and  homes   in  the  District.   8.1.d Packet Pg. 346 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­52-­     Failure  of  the  current  owners,  or  any  future  owners,  of  significant  property  subject  to  the   Special  Taxes  in  Improvement  Area  No.  1  to  pay  installments  of  Special  Taxes  when  due  could   cause  the  depletion  of  the  Reserve  Fund  prior  to  reimbursement  from  the  resale  of  foreclosed   property  or  payment  of  the  delinquent  Special  Tax  and,  consequently,  result  in  the  delinquency   rate  reaching  a  level  that  would  cause  an  insufficiency  in  collection  of  the  Special  Tax  to  meet   obligations  on  the  Bonds.    For  a  description  of  the  Developer  and  the  Merchant  Builders,  see   “OWNERSHIP  OF  PROPERTY  WITHIN  IMPROVEMENT  AREA  NO.  1  –  The  Developer.”    In   that  event,  there  could  be  a  delay  or  failure  in  payments  on  the  Bonds.    See  “SPECIAL  RISK   FACTORS  –  Bankruptcy  and  Foreclosure  Delays”  below  and  “SECURITY  FOR  THE  BONDS  –   Delinquent  Payments;;  Covenant  for  Superior  Court  Foreclosure.”     Development  of  undeveloped  property  within  Improvement  Area  No.  1  may  be  subject  to   unexpected  delays,  disruptions  and  changes  which  may  affect  the  willingness  and  ability  of  the   Developer  or  landowner  to  pay  the  Special  Taxes  when  due.    Certain  infrastructure   improvements  remain  to  be  completed  in  order  to  complete  construction  of  all  of  the  homes  in   Improvement  Area  No.  1.    No  assurance  can  be  given  that  the  remaining  proposed  residential   development  will  be  partially  or  fully  completed,  and  for  purposes  of  evaluating  the  investment   quality  of  the  Bonds,  prospective  purchasers  should  consider  the  possibility  that  such  parcels   will  remain  vacant  and  only  partially  improved.         Levy  and  Collection  of  the  Special  Tax     General.    The  principal  source  of  payment  of  principal  of  and  interest  on  the  Bonds  is   the  proceeds  of  the  annual  levy  and  collection  of  the  Special  Tax  against  property  within   Improvement  Area  No.  1.         Limitation  on  Maximum  Annual  Special  Tax  Rate.    The  annual  levy  of  the  Special  Tax   is  subject  to  the  maximum  annual  Special  Tax  rate  authorized  in  the  Rate  and  Method.    The   levy  cannot  be  made  at  a  higher  rate  even  if  the  failure  to  do  so  means  that  the  estimated   proceeds  of  the  levy  and  collection  of  the  Special  Tax,  together  with  other  available  funds,  will   not  be  sufficient  to  pay  debt  service  on  the  Bonds.       In  addition  to  the  maximum  annual  Special  Tax  rate  limitation  in  the  Rate  and  Method,   Section  53321(d)  of  the  Act  provides  that  the  special  tax  levied  against  any  parcel  for  which  an   occupancy  permit  for  private  residential  use  has  been  issued  may  not  be  increased  as  a   consequence  of  delinquency  or  default  by  the  owner  of  any  other  parcel  within  a  community   facilities  district  by  more  than  10%  above  the  amount  that  would  have  been  levied  in  such  Fiscal   Year  had  there  never  been  any  such  delinquencies  or  defaults.    In  cases  of  significant   delinquency,  these  factors  may  result  in  defaults  in  the  payment  of  principal  of  and  interest  on   the  Bonds.         No  Relationship  Between  Property  Value  and  Special  Tax  Levy.    Because  the  Rate   and  Method  is  not  based  on  property  value,  the  levy  of  the  Special  Tax  will  rarely,  if  ever,  result   in  a  uniform  relationship  between  the  value  of  particular  parcels  of  Taxable  Property  and  the   amount  of  the  levy  of  the  Special  Tax  against  those  parcels.    Thus,  there  will  rarely,  if  ever,  be  a   uniform  relationship  between  the  value  of  the  parcels  of  Taxable  Property  and  their   proportionate  share  of  debt  service  on  the  Bonds,  and  certainly  not  a  direct  relationship.     8.1.d Packet Pg. 347 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­53-­   Factors  that  Could  Lead  to  Special  Tax  Deficiencies.    The  following  are  some  of  the   factors  that  might  cause  the  levy  of  the  Special  Tax  on  any  particular  parcel  of  Taxable  Property   to  vary  from  the  Special  Tax  that  might  otherwise  be  expected:     Transfers  to  Governmental  Entities.    The  number  of  parcels  of  Taxable  Property   could  be  reduced  through  the  acquisition  of  Taxable  Property  by  a  governmental  entity   and  failure  of  the  government  to  pay  the  Special  Tax  based  upon  a  claim  of  exemption   or,  in  the  case  of  the  federal  government  or  an  agency  thereof,  immunity  from  taxation,   thereby  resulting  in  an  increased  tax  burden  on  the  remaining  taxed  parcels.    One  parcel   is  anticipated  to  be  used  as  a  school  and  be  exempt  from  the  levy  of  the  Special  Tax;;   accordingly,  this  parcel  has  not  been  included  in  the  parcels  that  were  appraised  by  the   Appraiser  and  no  portion  of  the  Bonds  have  been  allocated  to  it  in  the  tables  in  this   Official  Statement.     Property  Tax  Delinquencies.    Under  provisions  of  the  Act,  the  Special  Tax,  from   which  funds  necessary  for  the  payment  of  principal  of,  and  interest  on,  the  Bonds  are   derived,  are  being  billed  to  the  property  within  the  District  on  the  regular  property  tax  bills   sent  to  owners  of  the  parcels.  Such  Special  Tax  installments  are  due  and  payable,  and   bear  the  same  penalties  and  interest  for  nonpayment,  as  do  regular  property  tax   installments.  Special  Tax  installment  payments  cannot  be  made  separately  from   property  tax  payments.  Therefore,  the  unwillingness  or  inability  of  a  property  owner  to   pay  regular  property  tax  bills  as  evidenced  by  property  tax  delinquencies  may  also   indicate  an  unwillingness  or  inability  to  make  regular  property  tax  payments  and  Special   Tax  installment  payments  in  the  future.  Failure  of  the  owners  of  Taxable  Property  to  pay   property  taxes  (and,  consequently,  the  Special  Tax),  or  delays  in  the  collection  of  or   inability  to  collect  the  Special  Tax  by  tax  sale  or  foreclosure  and  sale  of  the  delinquent   parcels,  could  result  in  a  deficiency  in  the  collection  of  Special  Tax  revenues.  For  a   summary  of  recent  Special  Tax  collection  and  delinquency  rates  in  Improvement  Area   No.  1,  see  “VALUE  OF  PROPERTY  WITHIN  IMPROVEMENT  AREA  NO.  1”  herein.     Insufficiency  of  Special  Taxes      In  order  to  pay  debt  service  on  the  Bonds,  it  is  necessary  that  the  Special  Tax  levied   against  taxable  parcels  within  the  District  be  paid  in  a  timely  manner.  The  City  has  established   the  Reserve  Fund  in  an  amount  equal  to  the  Reserve  Requirement  to  pay  debt  service  on  the   Bonds  and  any  Parity  Bonds  to  the  extent  Special  Taxes  are  not  paid  on  time  and  other  funds   are  not  available.  See  "SECURITY  AND  SOURCES  OF  PAYMENT  FOR  THE  BONDS  –   Reserve  Fund"  and  APPENDIX  C  –  Summary  of  Certain  Provisions  of  the  Fiscal  Agent   Agreement.  Under  the  Fiscal  Agent  Agreement,  the  City  has  covenanted  to  maintain  in  the   Reserve  Fund  an  amount  equal  to  the  Reserve  Requirement;;  subject,  however,  to  the  limitation   that  the  City  may  not  levy  the  Special  Tax  in  any  fiscal  year  at  a  rate  in  excess  of  the  Maximum   Special  Tax  rates  permitted  under  the  Rate  and  Method.  In  addition,  the  Act  imposes  certain   limitations  on  increases  in  Special  Taxes  on  residential  parcels  as  a  consequence  of   delinquencies  in  payment  of  the  Special  Taxes.  See  "SECURITY  AND  SOURCES  OF   PAYMENT  FOR  THE  BONDS  –  Special  Taxes."  Consequently,  if  a  delinquency  occurs,  the  City   may  be  unable  to  replenish  the  Reserve  Fund  to  the  Reserve  Requirement  due  to  the  limitation   of  the  Maximum  Special  Tax  rates.  If  such  defaults  were  to  continue  in  successive  years,  the   Reserve  Fund  could  be  depleted  and  a  default  on  the  Bonds  would  occur  if  proceeds  of  a   foreclosure  sale  did  not  yield  a  sufficient  amount  to  pay  the  delinquent  Special  Taxes.     8.1.d Packet Pg. 348 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­54-­   The  City  has  made  certain  covenants  regarding  the  institution  of  foreclosure  proceedings   to  sell  any  property  with  delinquent  Special  Taxes  in  order  to  obtain  funds  to  pay  debt  service  on   the  Bonds.  See  "SECURITY  AND  SOURCES  OF  PAYMENT  FOR  THE  BONDS  –  Delinquent   Payments  of  Special  Tax;;  Covenant  for  Superior  Court  Foreclosure."  If  foreclosure  proceedings   were  ever  instituted,  any  mortgage  or  deed  of  trust  holder  could,  but  would  not  be  required  to,   advance  the  amount  of  delinquent  Special  Taxes  to  protect  its  security  interest.     Appraised  Values     The  Appraisal  estimates  the  market  value  of  the  taxable  property  within  Improvement   Area  No.  1.    This  market  value  is  merely  the  present  opinion  of  the  Appraiser,  and  is  subject  to   the  assumptions  and  limiting  conditions  stated  in  the  Appraisal.    Prospective  purchasers  of  the   Bonds  should  not  assume  that  the  land  within  the  District  could  be  sold  for  the  appraised   amount  described  in  the  Appraisal  at  a  foreclosure  sale  for  delinquent  Special  Taxes  the  City   has  not  sought  the  present  opinion  of  any  other  appraiser  of  the  value  of  the  taxed  parcels.    A   different  present  opinion  of  value  might  be  rendered  by  a  different  appraiser.    The  City  makes   no  representation  as  to  the  accuracy  of  the  Appraisal.     The  opinion  of  value  relates  to  sale  by  a  willing  seller  to  a  willing  buyer  as  of  the  date  of   valuation,  each  having  similar  information  and  neither  being  forced  by  other  circumstances  to   sell  or  to  buy.    Consequently,  the  opinion  is  of  limited  use  in  predicting  the  selling  price  at  a   foreclosure  sale,  because  the  sale  is  forced  and  the  buyer  may  not  have  the  benefit  of  full   information.     In  considering  the  estimates  of  value  evidenced  by  the  Appraisal,  it  should  be  noted  that   the  Appraisal  is  based  upon  a  number  of  standard  and  special  assumptions  which  affect  the   estimates  as  to  value,  as  well  as  the  hypothetical  condition  of  the  Authorized  Improvements   having  been  completed,  as  set  forth  in  the  Appraisal  (see  APPENDIX  B  hereto).    The   improvements  to  be  financed  by  the  Bonds  were  not  in  place  as  of  the  date  of  inspection;;  thus,   the  value  estimate  is  subject  to  a  hypothetical  condition  (of  such  improvements  being  in  place).       In  addition,  the  opinion  of  market  value  in  the  Appraisal  is  a  present  opinion.    It  is  based   upon  present  facts  and  circumstances.    Differing  facts  and  circumstances  may  lead  to  differing   opinions  of  value.    The  appraised  market  value  is  not  evidence  of  future  value  because  future   facts  and  circumstances  may  differ  significantly  from  the  present.     No  assurance  can  be  given  that  any  of  the  appraised  property  in  Improvement  Area  No.   1  could  be  sold  in  a  foreclosure  for  the  estimated  market  value  contained  in  the  Appraisal.    Such   sale  is  the  primary  remedy  available  to  Bondowners  if  that  property  should  become  delinquent   in  the  payment  of  Special  Taxes.    A  significant  portion  of  the  Special  Tax  is  expected  to  initially   be  levied  on  Undeveloped  Property  with  low  value  to  Bond  burden  values.  Although  the  Act   authorizes  the  City  to  cause  such  an  action  to  be  commenced  and  diligently  pursued  to   completion,  the  Act  does  not  specify  any  obligation  of  the  City  with  regard  to  purchasing  or   otherwise  acquiring  any  lot  or  parcel  of  property  sold  at  the  foreclosure  sale  in  any  such  action  if   there  is  no  other  purchaser  at  such  sale.  The  City  is  not  obligated  and  does  not  expect  to  be  a   bidder  at  any  such  foreclosure  sale.     Value-­to-­Lien  Ratios     Value-­to-­lien  ratios  have  traditionally  been  used  in  land-­secured  bond  issues  as  a   measure  of  the  "collateral"  supporting  the  willingness  of  property  owners  to  pay  their  special   8.1.d Packet Pg. 349 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­55-­   taxes  and  assessments  (and,  in  effect,  their  general  property  taxes  as  well).  The  value-­to-­lien   ratio  is  mathematically  a  fraction,  the  numerator  of  which  is  the  value  of  the  property  (usually   either  the  assessed  value  or  a  market  value  as  determined  by  an  appraiser)  and  the   denominator  of  which  is  the  "lien"  of  the  assessments  or  special  taxes  as  represented  by  the   principal  amount  of  bonds  repaid  by  such  assessment  or  special  tax.  A  value-­to-­lien  ratio  should   not,  however,  be  viewed  as  a  guarantee  of  credit-­worthiness.  Land  values  are  especially   sensitive  to  economic  cycles.  A  downturn  of  the  economy  may  depress  land  values  and  hence   the  value-­to-­lien  ratios.  Further,  the  value-­to-­lien  ratio  typically  cited  for  a  bond  issue  is  an   average.  Individual  parcels  in  a  community  facilities  district  may  fall  above  or  below  the  average,   sometimes  even  below  a  1:1  ratio  (with  a  ratio  below  1:1,  the  land  is  worth  less  than  the  unpaid   principal  of  the  bonded  debt  allocable  to  it).  Although  judicial  foreclosure  proceedings  can  be   initiated  rapidly,  the  process  can  take  several  years  to  complete,  and  the  bankruptcy  courts  may   impede  the  foreclosure  action.  Finally,  local  agencies  may  form  overlapping  community  facilities   districts  or  assessment  districts.  Such  local  agencies  typically  do  not  coordinate  their  bond   issuances.  Debt  issuance  by  an  entity  other  than  the  City  for  the  District  can  therefore  dilute   value-­to-­lien  ratios.       Exempt  Properties     Certain  properties  are  exempt  from  the  Special  Tax  in  accordance  with  the  Rate  and   Method.  In  addition,  the  Act  provides  that  properties  or  entities  of  the  state,  federal  or  local   government  are  exempt  from  the  Special  Tax;;  provided,  however,  that  property  within  the   District  acquired  by  a  public  entity  through  a  negotiated  transaction,  or  by  gift  or  devise,  that  is   not  otherwise  exempt  from  the  Special  Tax,  will  continue  to  be  subject  to  the  Special  Tax.  It  is   possible  that  property  acquired  by  a  public  entity  following  a  tax  sale  or  foreclosure  based  upon   failure  to  pay  taxes  could  become  exempt  from  the  Special  Tax.  In  addition,  the  Act  provides   that  if  property  subject  to  the  Special  Tax  is  acquired  by  a  public  entity  through  eminent  domain   proceedings,  the  obligation  to  pay  the  Special  Tax  with  respect  to  that  property,  for  outstanding   Bonds  only,  is  to  be  treated  as  if  it  were  a  special  assessment.  The  constitutionality  and   operation  of  these  provisions  of  the  Act  have  not  been  tested.       In  particular,  insofar  as  the  Act  requires  payment  of  the  Special  Tax  by  a  federal  entity   acquiring  property  within  the  District,  it  may  be  unconstitutional.  If  for  any  reason  property  within   the  District  becomes  exempt  from  taxation  by  reason  of  ownership  by  a  nontaxable  entity  such   as  the  federal  government  or  another  public  agency,  subject  to  the  limitation  of  the  Maximum   Special  Tax,  the  Special  Tax  will  be  reallocated  to  the  remaining  taxable  properties  within  the   District.  This  would  result  in  the  owners  of  such  property  paying  a  greater  amount  of  the  Special   Tax  and  could  have  an  adverse  impact  upon  the  timely  payment  of  the  Special  Tax.  Moreover,  if   a  substantial  portion  of  land  within  the  District  becomes  exempt  from  the  Special  Tax  because   of  public  ownership,  or  otherwise,  the  maximum  rate  that  could  be  levied  upon  the  remaining   acreage  might  not  be  sufficient  to  pay  principal  of  and  interest  on  the  Bonds  when  due  and  a   default  would  occur  with  respect  to  the  payment  of  such  principal  and  interest.       The  Act  further  provides  that  no  other  properties  or  entities  are  exempt  from  the  Special   Tax  unless  the  properties  or  entities  are  expressly  exempted  in  a  resolution  of  consideration  to   levy  a  new  special  tax  or  to  alter  the  rate  or  method  of  apportionment  of  an  existing  special  tax.     Property  Values  and  Property  Development     The  value  of  taxable  property  within  Improvement  Area  No.  1  is  a  critical  factor  in   determining  the  investment  quality  of  the  Bonds.    If  a  property  owner  defaults  in  the  payment  of   8.1.d Packet Pg. 350 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­56-­   the  Special  Tax,  the  City’s  only  remedy  is  to  foreclose  on  the  delinquent  property  in  an  attempt   to  obtain  funds  with  which  to  pay  the  delinquent  Special  Tax.    Land  values  could  be  adversely   affected  by  economic  and  other  factors  beyond  the  City’s  control  including,  without  limitation,  a   general  economic  downturn,  relocation  of  employers  out  of  the  area,  shortages  of  water,   electricity,  natural  gas  or  other  utilities,  destruction  of  property  caused  by  earthquake,  flood,   wildfires,  or  other  natural  disasters,  environmental  pollution  or  contamination,  inability  to  obtain   necessary  permits  or  agreements  with  governmental  entities,  or  unfavorable  economic   conditions.     The  Appraisal  (which  is  set  forth  in  APPENDIX  B  to  this  Official  Statement)  is  based  on   certain  assumptions  made  by  the  Appraiser  in  estimating  the  market  value  of  the  property  within   Improvement  Area  No.  1  as  of  the  date  indicated.    No  assurance  can  be  given  that  the  land   values  are  accurate  if  these  assumptions  are  incorrect  or  that  the  values  will  not  decline  in  the   future  if  one  or  more  events,  such  as  natural  disasters  or  adverse  economic  conditions,  occur.     See  “Appraised  Values”  above.         Neither  the  District  nor  the  City  has  evaluated  development  risks  related  to  the   development  of  land  in  the  District.    Since  these  are  largely  business  risks  of  the  type  that   property  owners  customarily  evaluate  individually,  and  inasmuch  as  changes  in  land  ownership   may  well  mean  changes  in  the  evaluation  with  respect  to  any  particular  parcel,  the  District  is   issuing  the  Bonds  without  regard  to  any  such  evaluation.    Thus,  the  creation  of  the  District  and   the  issuance  of  the  Bonds  in  no  way  implies  that  the  District  or  the  City  has  evaluated  these   risks  or  the  reasonableness  of  these  risks.       The  following  is  a  discussion  of  specific  risk  factors  that  could  affect  the  timing  or  scope   of  property  development  in  Improvement  Area  No.  1  or  the  value  of  property  in  Improvement   Area  No.  1.       Land  Development.    Land  values  are  influenced  by  the  level  of  development  in  the  area   in  many  respects.         First,  undeveloped  or  partially  developed  land  is  generally  less  valuable  than  developed   land  and  provides  less  security  to  the  Owners  of  the  Bonds  should  it  be  necessary  for  the  City  to   foreclose  on  undeveloped  or  partially  developed  property  due  to  the  nonpayment  of  Special   Taxes.         Second,  failure  to  complete  development  on  a  timely  basis  could  adversely  affect  the   land  values  of  those  parcels  that  have  been  completed.    Lower  land  values  would  result  in  less   security  for  the  payment  of  principal  of  and  interest  on  the  Bonds  and  lower  proceeds  from  any   foreclosure  sale  necessitated  by  delinquencies  in  the  payment  of  the  Special  Tax.    See   “APPRAISED  VALUE  OF  PROPERTY  WITHIN  IMPROVEMENT  AREA  NO.  1  -­  Value  to   Special  Tax  Burden  Ratios.”    No  assurance  can  be  given  that  the  proposed  development  within   Improvement  Area  No.  1  will  be  completed,  and  in  assessing  the  investment  quality  of  the   Bonds,  prospective  purchasers  should  evaluate  the  risks  of  non-­completion.     Neither  the  Developer  nor  any  other  person  provides  any  assurances  that  the  project   currently  envisioned  for  the  land  in  the  District  will  be  completed,  or  that  sources  of  financing   that  will  actually  be  available  to  the  Developer  will  be  sufficient  to  complete  such  projected   development.    The  Developer  has  no  obligation  to  the  City  or  to  owners  of  the  Bonds  to   complete  the  project.       8.1.d Packet Pg. 351 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­57-­   Risks  of  Real  Estate  Investment  Generally.    Continuing  development  of  land  within   Improvement  Area  No.  1  may  be  adversely  affected  by  changes  in  general  or  local  economic   conditions,  fluctuations  in  the  real  estate  market,  increased  construction  costs,  development,   financing  and  marketing  capabilities  of  individual  property  owners,  water  or  electricity  shortages,   and  other  similar  factors.    Development  in  Improvement  Area  No.  1  may  also  be  affected  by   development  in  surrounding  areas,  which  may  compete  with  the  development.    In  addition,  land   development  operations  are  subject  to  comprehensive  federal,  state  and  local  regulations,   including  environmental,  land  use,  zoning  and  building  requirements.    There  can  be  no   assurance  that  proposed  land  development  operations  within  Improvement  Area  No.  1  will  not   be  adversely  affected  by  future  government  policies,  including,  but  not  limited  to,  governmental   policies  to  restrict  or  control  development,  or  future  growth  control  initiatives.    There  can  be  no   assurance  that  land  development  operations  within  Improvement  Area  No.  1  will  not  be   adversely  affected  by  these  risks.         Natural  Disasters.    The  value  of  the  parcels  in  Improvement  Area  No.  1  in  the  future   can  be  adversely  affected  by  a  variety  of  natural  occurrences,  particularly  those  that  may  affect   infrastructure  and  other  public  improvements  and  private  improvements  on  the  parcels  in  the   District  and  the  continued  habitability  and  enjoyment  of  such  private  improvements.    For   example,  the  areas  in  and  surrounding  the  District,  like  those  in  much  of  the  State,  may  be   subject  to  earthquakes  or  other  unpredictable  seismic  activity.    According  to  the  Seismic  Safety   Commission,  District  is  located  within  Zone  4,  which  is  considered  to  be  the  highest  risk  zone  in   California.  There  are  only  two  zones  in  California:  Zone  4,  which  is  assigned  to  areas  near  major   faults;;  and  Zone  3,  which  is  assigned  to  all  other  areas  of  more  moderate  seismic  activity.  In   addition,  the  District  is  located  in  a  Fault-­Rupture  Hazard  Zone  (formerly  referred  to  as  an  Alquist-­ Priolo  Special  Study  Zone),  as  defined  by  Special  Publication  42  (revised  January  1994)  of  the   California  Department  of  Conservation,  Division  of  Mines  and  Geology.       Other  natural  disasters  could  include,  without  limitation,  landslides,  floods,  droughts  or   tornadoes.    One  or  more  natural  disasters  could  occur  and  could  result  in  damage  to   improvements  of  varying  seriousness.    The  damage  may  entail  significant  repair  or  replacement   costs  and  that  repair  or  replacement  may  never  occur  either  because  of  the  cost,  or  because   repair  or  replacement  will  not  facilitate  habitability  or  other  use,  or  because  other  considerations   preclude  such  repair  or  replacement.    Under  any  of  these  circumstances  there  could  be   significant  delinquencies  in  the  payment  of  Special  Taxes,  and  the  value  of  the  parcels  may  well   depreciate.         Legal  Requirements.    Other  events  that  may  affect  the  value  of  a  parcel  include   changes  in  the  law  or  application  of  the  law.    Such  changes  may  include,  without  limitation,  local   growth  control  initiatives,  local  utility  connection  moratoriums  and  local  application  of  statewide   tax  and  governmental  spending  limitation  measures.    Development  in  the  District  may  also  be   adversely  affected  by  the  application  of  laws  protecting  endangered  or  threatened  species.       Hazardous  Substances.    Any  discovery  of  a  hazardous  substance  detected  on  property   within  the  District  would  affect  the  marketability  and  the  value  of  some  or  all  of  the  property  in   the  District.    In  that  event,  the  owners  and  operators  of  a  parcel  within  the  District  may  be   required  by  law  to  remedy  conditions  of  the  parcel  relating  to  releases  or  threatened  releases  of   hazardous  substances.    The  federal  Comprehensive  Environmental  Response,  Compensation   and  Liability  Act  of  1980,  sometimes  referred  to  as  “CERCLA”  or  the  “Superfund  Act,”  is  the   most  well-­known  and  widely  applicable  of  these  laws.    State  law  with  regard  to  hazardous   substances  are  also  applicable  to  property  within  the  District  and  are  as  stringent  as  the  federal   laws.    Under  many  of  these  laws,  the  owner  (or  operator)  is  obligated  to  remedy  a  hazardous   8.1.d Packet Pg. 352 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­58-­   substance  condition  of  property  whether  or  not  the  owner  (or  operator)  has  anything  to  do  with   creating  or  handling  the  hazardous  substance.    The  effect,  therefore,  should  any  of  the  parcels   be  contaminated  by  a  hazardous  substance  is  to  reduce  the  marketability  and  value  of  the   parcel  by  the  costs  of  remedying  the  condition,  because  the  purchaser,  upon  becoming  owner,   will  become  obligated  to  remedy  the  condition  just  as  is  the  seller.     The  values  set  forth  in  the  Appraisal  do  not  take  into  account  the  possible  reduction  in   marketability  and  value  of  any  of  the  parcels  within  the  District  by  reason  of  the  possible  liability   of  the  owner  (or  operator)  for  the  remedy  of  a  hazardous  substance  condition  on  a  parcel.     Although  the  City  is  not  aware  that  the  owner  (or  operator)  of  any  of  the  property  within  the   District  has  a  current  liability  for  a  hazardous  substance  with  respect  to  any  of  the  parcels,  it  is   possible  that  such  liabilities  do  currently  exist  and  that  the  City  is  not  aware  of  them.     Further,  it  is  possible  that  liabilities  may  arise  in  the  future  with  respect  to  any  of  the   parcels  within  the  District  resulting  from  the  existence,  currently,  on  the  parcel  of  a  substance   presently  classified  as  hazardous  but  which  has  not  been  released  or  the  release  of  which  is  not   presently  threatened,  or  may  arise  in  the  future  resulting  from  the  existence,  currently,  on  the   parcel  of  a  substance  not  presently  classified  as  hazardous  but  which  may  in  the  future  be  so   classified.    Further,  such  liabilities  may  arise  not  simply  from  the  existence  of  a  hazardous   substance  but  from  the  method  of  handling  it.    All  of  these  possibilities  could  significantly  affect   the  value  of  a  parcel  within  the  District  that  is  realizable  upon  a  foreclosure  sale.    The  City  has   not  independently  verified,  but  is  not  aware  of,  the  presence  of  any  hazardous  substances   within  the  District.     Endangered  and  Threatened  Species.    It  is  illegal  to  harm  or  disturb  any  plants  or   animals  in  their  habitat  that  have  been  listed  as  endangered  species  by  the  United  States  Fish  &   Wildlife  Service  under  the  Federal  Endangered  Species  Act  or  by  the  California  Fish  &  Game   Commission  under  the  California  Endangered  Species  Act  without  a  permit.    The  discovery  of   an  endangered  plant  or  animal  could  delay  development  of  undeveloped  property  in  the  District   or  reduce  the  value  of  such  property.       Other  Possible  Claims  Upon  the  Value  of  Taxable  Property     While  the  Special  Taxes  are  secured  by  the  taxable  property  in  Improvement  Area  No.  1,   the  security  only  extends  to  the  value  of  such  property  that  is  not  subject  to  priority  and  parity   liens  and  similar  claims.    The  table  in  the  section  entitled  “APPRAISED  VALUE  OF  PROPERTY   WITHIN  IMPROVEMENT  AREA  NO.  1  –  Overlapping  Liens  and  Priority  of  Lien”  shows  the   presently  outstanding  amount  of  governmental  obligations  (with  stated  exclusions),  the  tax  or   assessment  for  which  is  or  may  become  an  obligation  of  one  or  more  of  the  parcels  of  taxable   property.    The  table  also  states  the  additional  amount  of  general  obligation  bonds  the  tax  for   which,  if  and  when  issued,  may  become  an  obligation  of  one  or  more  of  the  parcels  of  taxable   property.    The  table  does  not  specifically  identify  which  of  the  governmental  obligations  are   secured  by  liens  on  one  or  more  of  the  parcels  of  taxable  property.     8.1.d Packet Pg. 353 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­59-­   The  City,  the  County  and  certain  other  public  agencies  are  authorized  by  the  Act  to  form   other  community  facilities  districts  and  improvement  areas  and,  under  other  provisions  of  State   law,  to  form  special  assessment  districts,  either  or  both  of  which  could  include  all  or  a  portion  of   the  land  within  Improvement  Area  No.  1.    Other  governmental  obligations  may  be  authorized   and  undertaken  or  issued  in  the  future,  the  tax,  assessment  or  charge  for  which  may  become  an   obligation  of  one  or  more  of  the  parcels  of  taxable  property  and  may  be  secured  by  a  lien  on  a   parity  with  the  lien  of  the  Special  Tax  securing  the  Bonds.  The  City  has  no  control  over  the   ability  of  other  entities  to  issue  indebtedness  secured  by  special  taxes  or  assessments  payable   from  all  or  a  portion  of  the  taxable  property  within  the  District  subject  to  the  levy  of  the  Special   Tax.  The  imposition  of  additional  indebtedness  could  reduce  the  willingness  and  the  ability  of   the  property  owners  within  the  District  to  pay  the  Special  Taxes  when  due.     In  general,  as  long  as  the  Special  Tax  is  collected  on  the  County  tax  roll,  the  Special  Tax   and  all  other  taxes,  assessments  and  charges  also  collected  on  the  tax  roll  are  on  a  parity,  that   is,  are  of  equal  priority.    Questions  of  priority  become  significant  when  collection  of  one  or  more   of  the  taxes,  assessments  or  charges  is  sought  by  some  other  procedure,  such  as  foreclosure   and  sale.    In  the  event  of  proceedings  to  foreclose  for  delinquency  of  Special  Taxes  securing   the  Bonds,  the  Special  Tax  will  be  subordinate  only  to  existing  prior  governmental  liens,  if  any.     Otherwise,  in  the  event  of  such  foreclosure  proceedings,  the  Special  Taxes  will  generally  be  on   a  parity  with  the  other  taxes,  assessments  and  charges,  and  will  share  the  proceeds  of  such   foreclosure  proceedings  on  a  pro  rata  basis.    Although  the  Special  Taxes  will  generally  have   priority  over  non-­governmental  liens  on  a  parcel  of  Taxable  Property,  regardless  of  whether  the   non-­governmental  liens  were  in  existence  at  the  time  of  the  levy  of  the  Special  Tax  or  not,  this   result  may  not  apply  in  the  case  of  bankruptcy.         Bankruptcy  and  Foreclosure  Delays     The  Fiscal  Agent  Agreement  generally  provides  that  the  Special  Tax  is  to  be  collected  in   the  same  manner  as  ordinary  ad  valorem  property  taxes  are  collected  and,  except  as  provided   in  the  special  covenant  for  foreclosure  described  in  “SECURITY  FOR  THE  BONDS  –   Delinquent  Payments  of  Special  Tax;;  Covenant  for  Superior  Court  Foreclosure”  and  in  the  Act,   is  subject  to  the  same  penalties  and  the  same  procedure,  sale  and  lien  priority  in  case  of   delinquency  as  is  provided  for  ordinary  ad  valorem  property  taxes.    Under  these  procedures,  if   taxes  are  unpaid  for  a  period  of  five  years  or  more,  the  property  is  deeded  to  the  State  and  then   is  subject  to  sale  by  the  County.         If  sales  or  foreclosures  of  property  are  necessary,  there  could  be  a  delay  in  payments  to   owners  of  the  Bonds  pending  such  sales  or  the  prosecution  of  foreclosure  proceedings  and   receipt  by  the  City  of  the  proceeds  of  sale  if  the  Reserve  Fund  is  depleted.    See  “SECURITY   AND  SOURCES  OF  PAYMENT  FOR  THE  BONDS  –  Delinquent  Payments  of  Special  Tax;;   Covenant  for  Superior  Court  Foreclosure.”  No  assurances  can  be  given  that  a  taxable  parcel  in   the  District  that  would  be  subject  to  a  judicial  foreclosure  sale  for  delinquent  Special  Taxes  will   be  sold  or,  if  sold,  that  the  proceeds  of  such  sale  will  be  sufficient  to  pay  the  delinquent  Special   Tax  installment.  Although  the  Act  authorizes  the  City  to  cause  such  an  action  to  be  commenced   and  diligently  pursued  to  completion,  the  Act  does  not  specify  any  obligation  of  the  City  with   regard  to  purchasing  or  otherwise  acquiring  any  lot  or  parcel  of  property  sold  at  the  foreclosure   sale  in  any  such  action  if  there  is  no  other  purchaser  at  such  sale  and  the  City  has  not  in  any   way  agreed  nor  does  it  expect  to  be  such  a  bidder.     The  ability  of  the  City  to  collect  interest  and  penalties  specified  by  State  law  and  to   foreclose  against  properties  having  delinquent  Special  Tax  installments  may  be  limited  in  certain   8.1.d Packet Pg. 354 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­60-­   respects  with  regard  to  properties  in  which  the  Federal  Deposit  Insurance  Corporation  (the   “FDIC”)  has  or  obtains  an  interest.    The  FDIC  would  obtain  such  an  interest  by  taking  over  a   financial  institution  that  has  made  a  loan  that  is  secured  by  property  within  the  District.       The  payment  of  the  Special  Tax  and  the  ability  of  the  City  to  foreclose  the  lien  of  a   delinquent  unpaid  Special  Tax  may  also  be  limited  by  bankruptcy,  insolvency  or  other  laws   generally  affecting  creditors'  rights  or  by  the  laws  of  the  State  of  California  relating  to  judicial   foreclosure.    Although  bankruptcy  proceedings  would  not  cause  the  Special  Tax  to  become   extinguished,  bankruptcy  of  a  property  owner  or  any  other  person  claiming  an  interest  in  the   property  could  result  in  a  delay  in  superior  court  foreclosure  proceedings  and  could  result  in  the   possibility  of  Special  Tax  installments  not  being  paid  in  part  or  in  full.  Such  a  delay  would   increase  the  likelihood  of  a  delay  or  default  in  payment  of  the  principal  of  and  interest  on  the   Bonds.    The  various  legal  opinions  to  be  delivered  concurrently  with  the  delivery  of  the  Bonds   (including  Bond  Counsel's  approving  legal  opinion)  will  be  qualified  as  to  the  enforceability  of   the  various  legal  instruments  by  bankruptcy,  insolvency,  reorganization,  moratorium  and  other   similar  laws  affecting  creditors'  rights,  by  the  application  of  equitable  principles  and  by  the   exercise  of  judicial  discretion  in  appropriate  cases.     Other  laws  generally  affecting  creditors’  rights  or  relating  to  judicial  foreclosure  may   affect  the  ability  to  enforce  payment  of  Special  Taxes  or  the  timing  of  enforcement  of  Special   Taxes.    For  example,  the  Soldiers  and  Sailors  Civil  Relief  Act  of  1940  affords  protections  such   as  a  stay  in  enforcement  of  the  foreclosure  covenant,  a  six-­month  period  after  termination  of   military  service  to  redeem  property  sold  to  enforce  the  collection  of  a  tax  or  assessment  and  a   limitation  on  the  interest  rate  on  the  delinquent  tax  or  assessment  to  persons  in  military  service   if  the  court  concludes  the  ability  to  pay  such  taxes  or  assessments  is  materially  affected  by   reason  of  such  service.     To  the  extent  that  property  in  Improvement  Area  No.  1  continues  to  be  owned  by  a   limited  number  of  property  owners,  the  chances  are  increased  that  the  Reserve  Fund  could  be   fully  depleted  during  any  such  delay  in  obtaining  payment  of  delinquent  Special  Taxes.    As  a   result,  sufficient  moneys  would  not  be  available  in  the  Reserve  Fund  to  make  up  shortfalls   resulting  from  delinquent  payments  of  the  Special  Tax  and  thereby  to  pay  principal  of  and   interest  on  the  Bonds  on  a  timely  basis.     No  Acceleration  Provisions     The  Bonds  do  not  contain  a  provision  allowing  for  their  acceleration  in  the  event  of  a   payment  default  or  other  default  under  the  terms  of  the  Bonds  or  the  Fiscal  Agent  Agreement  or   in  the  event  interest  on  the  Bonds  becomes  included  in  gross  income  for  federal  income  tax   purposes.    Under  the  Fiscal  Agent  Agreement,  a  Bondowner  is  given  the  right  for  the  equal   benefit  and  protection  of  all  Bondowners  similarly  situated  to  pursue  certain  remedies.    So  long   as  the  Bonds  are  in  book-­entry  form,  DTC  will  be  the  sole  Bondowner  and  will  be  entitled  to   exercise  all  rights  and  remedies  of  Bond  holders,  in  accordance  with  its  procedures  and  rules.     8.1.d Packet Pg. 355 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­61-­   Loss  of  Tax  Exemption     As  discussed  under  the  caption  “LEGAL  MATTERS  –  Tax  Exemption,”  interest  on  the   Bonds  might  become  includable  in  gross  income  for  purposes  of  federal  income  taxation   retroactive  to  the  date  the  Bonds  were  issued  as  a  result  of  future  acts  or  omissions  of  the  City   in  violation  of  its  covenants  in  the  Fiscal  Agent  Agreement.    Neither  the  Bonds  nor  the  Fiscal   Agent  Agreement  contain  a  special  redemption  feature  triggered  by  the  occurrence  of  an  event   of  taxability.    As  a  result,  if  interest  on  the  Bonds  were  to  become  includable  in  gross  income  for   purposes  of  federal  income  taxation,  the  Bonds  would  continue  to  remain  outstanding  until   maturity  unless  earlier  redeemed  pursuant  to  optional  redemption,  mandatory  sinking  fund   redemption  or  special  mandatory  redemption  upon  prepayment  of  the  Special  Taxes.       In  addition,  Congress  is  or  may  be  considering  in  the  future  legislative  proposals,   including  some  that  carry  retroactive  effective  dates,  that,  if  enacted,  would  alter  or  eliminate  the   exclusion  from  gross  income  for  federal  income  tax  purposes  of  interest  on  municipal  bonds,   such  as  the  Bonds.  Prospective  purchasers  of  the  Bonds  should  consult  their  own  tax  advisors   regarding  any  pending  or  proposed  federal  tax  legislation.  The  City  can  provide  no  assurance   that  federal  tax  law  will  not  change  while  the  Bonds  are  outstanding  or  that  any  such  changes   will  not  adversely  affect  the  exclusion  of  interest  on  the  Bonds  from  gross  income  for  federal   income  tax  purposes.  If  the  exclusion  of  interest  on  the  Bonds  from  gross  income  for  federal   income  tax  purposes  were  amended  or  eliminated,  it  is  likely  that  the  market  price  for  the  Bonds   would  be  adversely  impacted.     Enforceability  of  Remedies     The  remedies  available  to  the  Fiscal  Agent  and  the  registered  owners  of  the  Bonds  upon   a  default  under  the  Fiscal  Agent  Agreement  or  any  other  document  described  in  this  Official   Statement  are  in  many  respects  dependent  upon  regulatory  and  judicial  actions  that  are  often   subject  to  discretion  and  delay.  Under  existing  law  and  judicial  decisions,  the  remedies  provided   for  under  such  documents  may  not  be  readily  available  or  may  be  limited.  Any  legal  opinions  to   be  delivered  concurrently  with  the  issuance  of  the  Bonds  will  be  qualified  to  the  extent  that  the   enforceability  of  the  legal  documents  with  respect  to  the  Bonds  is  subject  to  limitations  imposed   by  bankruptcy,  reorganization,  insolvency  or  other  similar  laws  affecting  the  rights  of  creditors   generally  and  by  equitable  remedies  and  proceedings  generally.     Judicial  remedies,  such  as  foreclosure  and  enforcement  of  covenants,  are  subject  to   exercise  of  judicial  discretion.  A  California  court  may  not  strictly  apply  certain  remedies  or   enforce  certain  covenants  if  it  concludes  that  application  or  enforcement  would  be  unreasonable   under  the  circumstances  and  it  may  delay  the  application  of  such  remedies  and  enforcement.     No  Secondary  Market     No  representation  is  made  concerning  any  secondary  market  for  the  Bonds.  There  can   be  no  assurance  that  any  secondary  market  will  develop  for  the  Bonds.  Investors  should   understand  the  long-­term  and  economic  aspects  of  an  investment  in  the  Bonds  and  should   assume  that  they  will  have  to  bear  the  economic  risks  of  their  investment  to  maturity.  An   investment  in  the  Bonds  may  be  unsuitable  for  any  investor  not  able  to  hold  the  Bonds  to   maturity.     8.1.d Packet Pg. 356 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­62-­   Disclosure  to  Future  Purchasers     The  willingness  or  ability  of  an  owner  of  a  parcel  to  pay  the  Special  Tax,  even  if  the   value  of  the  property  is  sufficient  to  justify  payment,  may  be  affected  by  whether  or  not  the   owner  was  given  due  notice  of  the  Special  Tax  authorization  at  the  time  the  owner  purchased   the  parcel,  was  informed  of  the  amount  of  the  Special  Tax  on  the  parcel  should  the  Special  Tax   be  levied  at  the  maximum  tax  rate  and,  at  the  time  of  such  a  levy,  has  the  ability  to  pay  it  as  well   as  pay  other  expenses  and  obligations.  The  City  has  caused  a  Notice  of  Special  Tax  Lien  to  be   recorded  in  the  Office  of  the  Recorder  for  the  County  against  the  real  property  in  the  District.   Although  title  companies  normally  refer  to  such  notices  in  title  reports,  there  can  be  no   guarantee  that  such  reference  will  be  made  or,  if  made,  that  a  prospective  purchaser  or  lender   will  consider  such  Special  Tax  obligation  when  purchasing  real  property  within  the  District  or   lending  money  thereon,  as  applicable.     California  Civil  Code  Section  1102.6b  requires  that,  in  the  case  of  transfers,  the  seller   must  at  least  make  a  good  faith  effort  to  notify  the  prospective  purchaser  of  the  special  tax  lien   in  a  format  prescribed  by  statute.  Failure  by  an  owner  of  the  property  to  comply  with  the  above   requirements,  or  failure  by  a  purchaser  or  lessor  to  consider  or  understand  the  nature  and   existence  of  the  Special  Tax,  could  adversely  affect  the  willingness  and  ability  of  the  purchaser   or  lessor  to  pay  the  Special  Tax  when  due.     IRS  Audit  of  Tax-­Exempt  Bond  Issues     The  Internal  Revenue  Service  (the  “IRS”)  has  initiated  an  expanded  program  for  the   auditing  of  tax-­exempt  bond  issues,  including  both  random  and  targeted  audits.    It  is  possible   that  the  Bonds  will  be  selected  for  audit  by  the  IRS.    It  is  also  possible  that  the  market  value  of   such  Bonds  might  be  affected  as  a  result  of  such  an  audit  of  such  Bonds  (or  by  an  audit  of   similar  bonds  or  securities).     Voter  Initiatives     From  time  to  time,  initiative  measures  qualify  for  the  State  ballot  pursuant  to  the  State’s   constitutional  initiative  process  and  those  measures  could  be  adopted  by  State  voters.    The   adoption  of  any  such  initiative  might  place  limitations  on  the  ability  of  the  State,  the  City,  the   County  or  other  local  districts  to  increase  revenues  or  to  increase  appropriations  or  on  the  ability   of  the  landowners  to  complete  the  development  of  the  District.    See  “Property  Values  and   Property  Development”  above.         Under  the  State  Constitution,  the  power  of  initiative  is  reserved  to  the  voters  for  the   purpose  of  enacting  statutes  and  constitutional  amendments.    Since  1978,  the  voters  have   exercised  this  power  through  the  adoption  of  Proposition  13  and  similar  measures,  including   Proposition  218,  which  was  approved  in  the  general  election  held  on  November  5,  1996,  and   Proposition  26,  which  was  approved  on  November  2,  2010.     Any  such  initiative  may  affect  the  collection  of  fees,  taxes  and  other  types  of  revenue  by   local  agencies  such  as  the  District.    Subject  to  overriding  federal  constitutional  principles,  such   collection  may  be  materially  and  adversely  affected  by  voter-­approved  initiatives,  possibly  to  the   extent  of  creating  cash-­flow  problems  in  the  payment  of  outstanding  obligations  such  as  the   Special  Tax  Bonds.     8.1.d Packet Pg. 357 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­63-­   Proposition  218—Voter  Approval  for  Local  Government  Taxes—Limitation  on  Fees,   Assessments,  and  Charges—Initiative  Constitutional  Amendment,  added  Articles  XIIIC  and   XIIID  to  the  State  Constitution,  imposing  certain  vote  requirements  and  other  limitations  on  the   imposition  of  new  or  increased  taxes,  assessments  and  property-­related  fees  and  charges.         On  November  2,  2010,  State  voters  approved  Proposition  26,  entitled  the  “Supermajority   Vote  to  Pass  New  Taxes  and  Fees  Act”.  Section  1  of  Proposition  26  declares  that  Proposition   26  is  intended  to  limit  the  ability  of  the  State  Legislature  and  local  government  to  circumvent   existing  restrictions  on  increasing  taxes  by  defining  the  new  or  expanded  taxes  as  “fees.”   Proposition  26  amended  Articles  XIIIA  and  XIIIC  of  the  State  Constitution.  The  amendments  to   Article  XIIIA  limit  the  ability  of  the  State  Legislature  to  impose  higher  taxes  (as  defined  in   Proposition  26)  without  a  two-­thirds  vote  of  the  Legislature.    Article  XIIIC  requires  that  all  new   local  taxes  be  submitted  to  the  electorate  before  they  become  effective.    Taxes  for  general   governmental  purposes  require  a  majority  vote  and  taxes  for  specific  purposes  (“special  taxes”)   require  a  two-­thirds  vote.     The  Special  Taxes  and  the  Bonds  were  each  authorized  by  a  vote  of  the  Developer  as   the  sole  landowner,  who  constituted  the  qualified  electors  at  the  time  of  such  voted   authorization.    The  District  believes,  therefore,  that  issuance  of  the  Bonds  does  not  require  the   conduct  of  further  proceedings  under  the  Act,  Proposition  218  or  Proposition  26.     Like  their  antecedents,  Proposition  218  and  Proposition  26  are  likely  to  undergo  both   judicial  and  legislative  scrutiny  before  the  impact  on  the  District  can  be  determined.    Certain   provisions  of  Proposition  218  and  Proposition  26  may  be  examined  by  the  courts  for  their   constitutionality  under  both  State  and  federal  constitutional  law,  the  outcome  of  which  cannot  be   predicted.         Recent  Case  Law  Related  to  the  Mello-­Roos  Act       On  August  1,  2014,  the  California  Court  of  Appeal,  Fourth  Appellate  District,  issued  its   opinion  in  City  of  San  Diego  v.  Melvin  Shapiro,  et  al.  (D063997).  The  case  involved  a   Convention  Center  Facilities  District  (the  “CCFD”)  established  by  the  City  of  San  Diego.  The   CCFD  is  a  financing  district  established  under  San  Diego’s  city  charter  (the  “Charter”)  and  was   intended  to  function  much  like  a  community  facilities  district  established  under  the  Act.  The   CCFD  was  comprised  of  all  of  the  real  property  in  the  entire  city.  However,  the  CCFD  special   tax  was  to  be  levied  only  on  properties  in  the  CCFD  that  were  improved  with  a  hotel.     At  the  election  to  authorize  the  CCFD  special  tax,  the  CCFD  proceedings  limited  the   electorate  to  owners  of  hotel  properties  and  lessees  of  real  property  owned  by  a  governmental   entity  on  which  a  hotel  was  located.  Registered  voters  in  the  City  of  San  Diego  were  not   permitted  to  vote.  This  definition  of  the  qualified  electors  of  the  CCFD  was  based  on  Section   53326(c)  of  the  Act,  which  generally  provides  that,  if  a  special  tax  will  not  be  apportioned  in  any   tax  year  on  residential  property,  the  legislative  body  may  provide  that  the  vote  shall  be  by  the   landowners  of  the  proposed  community  facilities  district  whose  property  would  be  subject  to  the   special  tax.    The  San  Diego  Court  held  that  the  CCFD  special  tax  election  did  not  comply  with   its  Charter  and  with  applicable  provisions  of  the  State  Constitution  -­-­  specifically  Article  XIIIA,   section  4  (“Cities,  Counties  and  special  districts,  by  a  two-­thirds  vote  of  the  qualified  electors  of   such  district,  may  impose  special  taxes  on  such  district  .  .  ..”)  and  Article  XIIIC,  section  2(d)  (“No   local  government  may  impose,  extend,  or  increase  any  special  tax  unless  and  until  that  tax  is   submitted  to  the  electorate  and  approved  by  a  two-­thirds  vote.”)  -­-­    because  the  electors  in  the   8.1.d Packet Pg. 358 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­64-­   CCFD  election  should  have  been  the  registered  voters  residing  within  the  CCFD  (the   boundaries  of  which  were  coterminous  with  the  boundaries  of  the  City  of  San  Diego).       As  to  the  District,  there  were  no  registered  voters  within  the  District  at  the  time  of  the   election  to  authorize  the  Special  Taxes.  Significantly,  the  San  Diego  Court  expressly  stated  that   it  was  not  addressing  the  validity  of  a  landowner  election  to  impose  special  taxes  on  property   pursuant  to  the  Act  in  situations  where  there  are  fewer  than  12  registered  voters.    Therefore,  by   its  terms,  the  San  Diego  Court’s  holding  does  not  apply  to  the  special  tax  election  in  the  District.     Moreover,  Sections  53341  and  53359  of  the  Act  establish  a  limited  period  of  time  in  which   special  taxes  levied  under  the  Act  may  be  challenged  by  a  third  party,  which  time  period  has   now  passed.         CONTINUING  DISCLOSURE     The  City     The  City  has  covenanted  for  the  benefit  of  owners  of  the  Bonds  to  provide  certain   financial  information  and  operating  data  relating  to  Improvement  Area  No.  1  by  not  later  than   nine  months  after  the  end  of  the  City’s  Fiscal  Year  (presently  June  30)  in  each  year  (the  “City   Annual  Report”)  commencing  with  its  report  for  the  2016-­17  Fiscal  Year  (due  April  1,  2018)  and   to  provide  notices  of  the  occurrence  of  certain  enumerated  events.         The  City  Annual  Reports  and  notice  of  a  listed  event  will  be  filed  with  the  Municipal   Securities  Rulemaking  Board.    The  covenants  of  the  City  have  been  made  in  order  to  assist  the   Underwriter  in  complying  with  Securities  and  Exchange  Commission  Rule  15c2-­12(b)(5)  (the   “Rule”).    The  specific  nature  of  the  information  to  be  contained  in  the  annual  reports  or  the   notices  of  listed  events  by  the  City  is  summarized  in  APPENDIX  G-­1.       [[The  City  has  not  previously  entered  into  any  continuing  disclosure  undertakings   pursuant  to  the  Rule.]]     Supplemental  annual  reports,  notices  of  rating  changes  and  other  filings  to  correct  all  of   the  known  failures  by  the  City  to  comply  with  its  continuing  disclosure  undertakings  have  been   made.    The  City  has  engaged  contract  support  for  the  preparation  and  filing  of  its  continuing   disclosure  reports  in  order  to  help  comply  with  future  continuing  disclosure  obligations.     Brookfield  BAH     Brookfield  BAH,  on  behalf  of  itself  and  its  Affiliates  (which  specifically  includes  Brookfield   Wilshire  LLC  and  Brookfield  Fillmore  LLC,  but  specifically  excludes  the  Developer  and   CalAtlantic)  has  also  agreed  for  the  benefit  of  owners  of  the  Bonds  to  provide  certain   information  relating  to  the  property  it  or  its  affiliates  owns  in  Improvement  Area  No.  1  by  not  later   than  December  1st  and  June  1st  of  each  year  (reflecting  reported  information  as  of  a  date  no   more  than  60  days  prior)  beginning  with  the  report  due  December  1,  2017  (the  “Brookfield   BAH  Periodic  Reports”)  and  to  provide  notices  of  the  occurrence  of  certain  enumerated   events.    The  obligation  of  Brookfield  BAH  to  provide  such  information  is  in  effect  only  so  long  as   the  Brookfield  BAH  and  its  Affiliates  are  collectively  responsible  for  20%  or  more  of  the  Special   Taxes.  Brookfield  BAH’s  reporting  obligation  may  end  in  certain  other  circumstances,  as   described  in  APPENDIX  G-­2.  [[Brookfield  BAH  has  not  entered  into  any  previous  obligations  to   8.1.d Packet Pg. 359 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­65-­   provide  periodic  reports  and  this  will  be  Brookfield  BAH’s  first  obligation  to  provide  such   reports.]]       CalAtlantic       CalAtlantic,  on  behalf  of  itself  and  its  Affiliates  (which  specifically  excludes  the   Developer,  Brookfield  Wilshire  LLC  and  Brookfield  Fillmore  LLC)  has  also  agreed  for  the  benefit   of  owners  of  the  Bonds  to  provide  certain  information  relating  to  the  property  it  or  its  affiliates   owns  in  Improvement  Area  No.  1  by  not  later  than  December  1st  and  June  1st  of  each  year   (reflecting  reported  information  as  of  a  date  no  more  than  60  days  prior)  beginning  with  the   report  due  December  1,  2017  (the  “CalAtlantic  Periodic  Reports”)  and  to  provide  notices  of   the  occurrence  of  certain  enumerated  events.    The  obligation  of  CalAtlantic  to  provide  such   information  is  in  effect  only  so  long  as  the  CalAtlantic  and  its  Affiliates  are  collectively   responsible  for  20%  or  more  of  the  Special  Taxes.  CalAtlantic’s  reporting  obligation  may  end  in   certain  other  circumstances,  as  described  in  APPENDIX  G-­3.  [[CalAtlantic  has  entered  into   previous  obligations  to  provide  periodic  reports  on  numerous  occasions,  and  has  been  in   material  compliance  with  each  such  previous  undertaking.]]     UNDERWRITING     The  Bonds  were  purchased  through  negotiation  by  Prager  &  Co.,  LLC  (the   “Underwriter”).    The  Underwriter  agreed  to  purchase  the  Bonds  at  a  price  of  $_________   (which  is  equal  to  the  par  amount  of  the  Bonds,  less  an  original  issue  discount  of  $_________   and  less  the  Underwriter’s  discount  of  $_________).    The  initial  public  offering  prices  set  forth   on  the  inside  cover  page  hereof  may  be  changed  by  the  Underwriter.    The  Underwriter  may   offer  and  sell  the  Bonds  to  certain  dealers  and  others  at  a  price  lower  than  the  public  offering   prices  set  forth  on  the  cover  page  hereof.       MUNICIPAL  ADVISOR       The  City  has  retained  Fieldman,  Rolapp  &  Associates,  Irvine,  California,  as  Municipal   Advisor  (the  “Municipal  Advisor”)  in  connection  with  the  planning,  structuring  and  issuance  of   the  Bonds.    The  Municipal  Advisor  is  not  obligated  to  undertake,  and  has  not  undertaken  to   make,  an  independent  verification  or  assume  responsibility  for  the  accuracy,  completeness,  or   fairness  of  the  information  contained  in  this  Official  Statement.    The  fees  of  the  Municipal   Advisor  are  contingent  upon  the  sale  and  delivery  of  the  Bonds.       LEGAL  OPINION     The  validity  of  the  Bonds  and  certain  other  legal  matters  are  subject  to  the  approving   opinion  of  Bond  Counsel.    A  complete  copy  of  the  proposed  form  of  Bond  Counsel  opinion  is   contained  in  Appendix  F  to  this  Official  Statement,  and  the  final  opinion  will  be  made  available  to   registered  owners  of  the  Bonds  at  the  time  of  delivery.    The  fees  of  Bond  Counsel  are   contingent  upon  the  sale  and  delivery  of  the  Bonds.         TAX  MATTERS     [Tax  language  to  come]   8.1.d Packet Pg. 360 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   -­66-­     NO  RATINGS     The  City  has  not  applied  to  a  rating  agency  for  the  assignment  of  a  rating  to  the  Bonds   and  does  not  contemplate  applying  for  a  rating.       NO  LITIGATION     At  the  time  of  delivery  of  and  payment  for  the  Bonds,  the  City  Attorney  will  deliver  his   opinion  that  to  the  best  of  its  knowledge  there  is  no  action,  suit,  proceeding,  inquiry  or   investigation  at  law  or  in  equity  before  or  by  any  court  or  regulatory  agency  pending  against  the   City  affecting  its  existence  or  the  titles  of  its  officers  to  office  or  seeking  to  restrain  or  to  enjoin   the  issuance,  sale  or  delivery  of  the  Bonds,  the  application  of  the  proceeds  thereof  in   accordance  with  the  Fiscal  Agent  Agreement,  or  the  collection  or  application  of  the  Special  Tax   to  pay  the  principal  of  and  interest  on  the  Bonds,  or  in  any  way  contesting  or  affecting  the   validity  or  enforceability  of  the  Bonds,  the  Fiscal  Agent  Agreement  or  any  action  of  the  City   contemplated  by  any  of  said  documents,  or  in  any  way  contesting  the  completeness  or  accuracy   of  this  Official  Statement  or  any  amendment  or  supplement  thereto,  or  contesting  the  powers  of   the  City  or  its  authority  with  respect  to  the  Bonds  or  any  action  of  the  City  contemplated  by  any   of  said  documents.       PROFESSIONAL  FEES     Fees  payable  to  certain  professionals,  including  _______,  __________,  as  Bond   Counsel,  Jones  Hall,  A  Professional  Law  Corporation,  San  Francisco,  California,  as   Disclosure  Counsel,  Fieldman  Rolapp  &  Associates,  as  Municipal  Advisor,  the  Trustee  and  the   Underwriter  are  contingent  upon  the  issuance  of  the  Bonds.       EXECUTION     The  execution  and  delivery  of  this  Official  Statement  by  the  City  has  been  duly   authorized  by  the  City  Council  on  behalf  of  the  District  and  Improvement  Area  No.  1.       CITY  OF  DUBLIN         By:         Administrative  Services  Director/   Finance  Director 8.1.d Packet Pg. 361 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   A-­1   APPENDIX  A     RATE  AND  METHOD  OF  APPORTIONMENT  OF  SPECIAL  TAX               8.1.d Packet Pg. 362 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   B-­1   APPENDIX  B     THE  APPRAISAL       8.1.d Packet Pg. 363 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   C-­1   APPENDIX  C     SUMMARY  OF  CERTAIN  PROVISIONS  OF  THE  FISCAL  AGENT  AGREEMENT   8.1.d Packet Pg. 364 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   D-­1   APPENDIX  D     THE  CITY  OF  DUBLIN  AND  ALAMEDA  COUNTY     General     The  City.    Incorporated  in  1982,  the  City  of  Dublin  (the  “City”)  is  a  suburban  city  of   the  San  Francisco  East  Bay  and  Tri-­Valley  regions  of  Alameda  County  (the  “County”).    It  is   located  approximately  35  miles  east  of  downtown  San  Francisco,  23  miles  east  of  downtown   Oakland,  and  31  miles  north  of  downtown  San  Jose.     The  City  operates  under  the  Council-­Manager  form  of  government.  Policy  making  and   legislative  authority  are  vested  in  the  City  Council,  which  consists  of  an  elected  Mayor,  who   serves  a  two-­year  term,  and  four  Council  members  each  elected  to  a  four-­year  term.       The  County.    The  County  is  located  on  the  east  side  of  the  San  Francisco  Bay,  south  of   the  City  of  Oakland  and  approximately  ten  miles  west  of  the  City  of  San  Francisco.  Access  to   San  Francisco  is  provided  by  the  San  Francisco  Bay  Bridge.    The  northern  part  of  Alameda   County  has  direct  access  to  San  Francisco  Bay  and  the  City  of  San  Francisco.  It  is  highly   diversified  with  residential  areas,  as  well  as  traditional  heavy  industry,  the  University  of   California  at  Berkeley,  the  Port  of  Oakland,  and  sophisticated  manufacturing,  computer  services   and  biotechnology  firms.  The  middle  of  the  County  is  also  highly  developed  including  older   established  residential  and  industrial  areas.  The  southeastern  corner  of  the  County  has  seen   strong  growth  in  residential  development  and  manufacturing.  Many  high-­tech  firms  have  moved   from  neighboring  Silicon  Valley  in  Santa  Clara  County  to  this  area.  The  southwestern  corner  of   the  County  has  seen  the  most  development  in  recent  years  due  to  land  availability.  Agriculture   and  the  rural  characteristics  of  this  area  are  disappearing  as  the  region  maintains  its  position  as   the  fastest  growing  residential,  commercial  and  industrial  part  of  the  County.                         [Remainder  of  page  intentionally  left  blank]     8.1.d Packet Pg. 365 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   D-­2     Population     The  following  table  lists  population  estimates  for  the  City,  the  County  and  the  State  of   California  for  the  last  five  calendar  years,  as  of  January  1.     CITY  OF  DUBLIN,  ALAMEDA  COUNTYAND  STATE  OF  CALIFORNIA   Population  Estimates   Calendar  Years  2013  through  2017  as  of  January  1     Year  City  of  Dublin  Alameda  County  State  of  California   2013  50,197  1,567,091  38,238,492   2014  53,648  1,588,348  38,572,211   2015  56,164  1,611,318  38,915,880   2016  57,394  1,629,233  39,189,035   2017  59,686  1,645,359  39,523,613             Source:    State  Department  of  Finance  estimates  (as  of  January  1).                           [Remainder  of  page  intentionally  left  blank]     8.1.d Packet Pg. 366 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   D-­3   Employment  and  Industry     The  District  is  included  in  the  Oakland-­Hayward-­Berkeley  Metropolitan  Division  (“MD”).     The  unemployment  rate  in  the  Oakland-­Hayward-­Berkeley  MD  was  3.5  percent  in  April  2017,   down  from  a  revised  3.9  percent  in  March  2017,  and  below  the  year-­ago  estimate  of  4.3   percent.  This  compares  with  an  unadjusted  unemployment  rate  of  4.5  percent  for  California  and   4.1  percent  for  the  nation  during  the  same  period.  The  unemployment  rate  was  3.5  percent  in   the  County  and  3.6  percent  in  Contra  Costa  County.     The  table  below  list  employment  by  industry  group  for  Alameda  and  Contra  Costa   Counties  for  the  years  2012  to  2016.       OAKLAND-­FREMONT-­HAYWARD  MD   (Alameda  and  Contra  Costa  Counties)   Annual  Averages  Civilian  Labor  Force,  Employment  and  Unemployment,    Employment  by  Industry   (March  2016  Benchmark)    2012  2013  2014  2015  2016   Civilian  Labor  Force  (1)  1,336,300  1,344,100  1,355,600  1,374,800  1,394,400   Employment  1,218,700  1,245,500  1,275,000  1,308,100  1,334,200   Unemployment  117,500  98,600  80,600  66,700  60,200   Unemployment  Rate  8.8%  7.3%  5.9%  4.8%  4.3%   Wage  and  Salary  Employment:  (2)             Agriculture  1,500  1,400  1,300  1,200  1,300   Mining  and  Logging  900  900  800  900  900   Construction  52,000  56,400  58,600  62,400  67,500   Manufacturing  79,900  80,100  82,800  86,600  89,900   Wholesale  Trade  43,700  45,200  46,200  47,600  49,000   Retail  Trade  104,100  107,700  109,900  113,000  115,000   Transportation,  Warehousing,  Utilities  32,900  33,500  35,600  38,300  38,700   Information  22,100  21,500  21,300  22,400  26,400   Finance  and  Insurance  33,400  33,500  32,600  32,800  40,300   Real  Estate  and  Rental  and  Leasing  15,400  16,200  16,800  16,800  17,000   Professional  and  Business  Services  166,500  173,400  178,800  183,000  180,800   Educational  and  Health  Services  164,700  170,500  173,100  178,400  184,900   Leisure  and  Hospitality  91,800  97,200  102,100  106,300  111,400   Other  Services  36,400  37,000  37,500  38,000  39,200   Federal  Government  14,200  13,800  13,800  13,800  13,900   State  Government  38,500  38,900  39,300  39,800  39,800   Local  Government  110,100  110,600  113,400  115,200  120,200   Total,  All  Industries  (3)  1,008,000  1,037,500  1,063,600  1,096,300  1,136,200         (1)  Labor  force  data  is  by  place  of  residence;;  includes  self-­employed  individuals,  unpaid  family  workers,  household  domestic   workers,  and  workers  on  strike.   (2)  Industry  employment  is  by  place  of  work;;  excludes  self-­employed  individuals,  unpaid  family  workers,  household  domestic   workers,  and  workers  on  strike.   (3)  Totals  may  not  add  due  to  rounding.   Source:    State  of  California  Employment  Development  Department.     8.1.d Packet Pg. 367 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   D-­4     Principal  Employers     The  following  table  shows  the  principal  employers  in  the  City,  as  shown  in  the  City’s   Comprehensive  Annual  Financial  Report  for  the  fiscal  year  ending  June  30,  2016.     CITY  OF  DUBLIN   Principal  Employers   As  of  June       Employer   Number  of   Employees  Rank   United  States  Government  &  Federal   Correction  Institute  2,100  1   Dublin  Unified  School  District  915  2   SAP  (Formerly:  Sybase  Corporation)  700  3   Ross  Stores  Headquarters  500  4   Zeiss  Meditec  500  4   Target  Stores  350  5   Callidus  Cloud  350  5   County  of  Alameda  325  6   De  Silva  Gates  Construction  300  7   Micro  Dental  Laboratories  300  7   Safeway  280  8   City  of  Dublin  237  9   Whole  Foods  233  10             Source:    City  of  Dublin,  California.    Comprehensive  Annual  Financial  Report  for  the  fiscal  year   ended  June  30,  2016.           [Remainder  of  page  intentionally  left  blank]   8.1.d Packet Pg. 368 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   D-­5     Major  Employers     The  table  below  lists  the  major  employers  in  the  County,  listed  alphabetically.     ALAMEDA  COUNTY   Major  Employers     Employer  Name  Location  Industry   Alameda  County  Law  Enforcement  Oakland  Government  Offices-­County   Alameda  County  Sheriff's  Ofc  Oakland  Government  Offices-­County   Alameda  Health  System  San  Leandro  Health  Care  Management   Alta  Bates  Summit  Medical  Ctr  Berkeley  Hospitals   Alta  Bates  Summit  Medical  Ctr  Oakland  Hospitals   Bayer  Health  Care  Berkeley  Laboratories-­Pharmaceutical  (mfrs)   California  State-­East  Bay  Hayward  Schools-­Universities  &  Colleges  Academic   Children’s  Hosp  &  Research  Ctr  Oakland  Hospitals   Coopervision  Inc  Advanced  Pleasanton  Optical  Good-­Wholesale   Dell  EMC  Pleasanton  Computer  Software   East  Bay  Water  Oakland  Transit  Lines   Highland  Hospital  Oakland  Hospitals   Kaiser  Oakland  Oakland  Health  Services   Life  Scan  Inc  Fremont  Physicians  &  Surgeons  Equip  &  Supls-­Mfrs   Merritt  Pavilion  Lab  Oakland  Laboratories-­Medical   Oakland  Police  Patrol  Div  Oakland  Police  Departments   Residential  Stdents  Svc  Program  Berkeley  Schools-­Universities  &  Colleges  Academic   Safeway  Inc  Pleasanton  Grocers-­Retail   Tesla  Motors  Fremont  Automobile  Dealers-­Electric  Cars   Transportation  Dept-­California  Oakland  Government  Offices-­State   University  of  Ca-­Berkeley  Berkeley  Schools-­Universities  &  Colleges  Academic   University  of  CA-­BERKELEY  Berkeley  Schools-­Universities  &  Colleges  Academic   Valley  Care  Health  System  Livermore  Health  Services   Washington  Hospital  Healthcare  Sys  Fremont  Hospitals   Western  Digital  Corp  Fremont  Electronic  Equipment  &  Supplies-­Mfrs             Source:    State  of  California  Employment  Development  Department,  extracted  from  the  America's  Labor  Market   Information  System  (ALMIS)  Employer  Database,  2017  2nd  Edition.           [Remainder  of  page  intentionally  left  blank]   8.1.d Packet Pg. 369 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   D-­6   Construction  Activity     Provided  below  are  the  building  permits  and  valuations  for  the  City  and  the  County  for   calendar  years  2012  through  2016.    Data  for  calendar  year  2017  are  not  yet  available.     CITY  OF  DUBLIN   Total  Building  Permit  Valuations   (Valuations  in  Thousands)      2012  2013  2014  2015  2016   Permit  Valuation             New  Single-­family  $214,736.6  $256,827.4  $199,190.9  $143,137.7  $182,687.1   New  Multi-­family  108,683.9  12,662.4  156,240.0  54,259.2  205,534.4   Res.  Alterations/Additions        2,414.4          3,889.5          7,873.4          4,708.6  66,984.6   Total  Residential  325,834.9  273,379.3  363,304.30  202,105.5  455,206.1               New  Commercial  3,986.7  6,687.6  16,385.0  5,619.2  2,794.8   New  Industrial  134.0  0.0  0.0  0.0  0.0   New  Other  416.7  3,616.7  16,670.6  35,866.5  11,395.8   Com.  Alterations/Additions    2,721.1    25,390.7    24,777.0    28,895.9  19,204.1   Total  Nonresidential  7,258.5  35,695.0  57,832.6  70,381.6  33,394.7               New  Dwelling  Units             Single  Family  586  634  481  414  528   Multiple  Family  368      34      698  525  74            TOTAL  954  668  1,179  939  602             Source:    Construction  Industry  Research  Board,  Building  Permit  Summary.       ALAMEDA  COUNTY   Total  Building  Permit  Valuations   (Valuations  in  Thousands)      2012  2013  2014  2015  2016   Permit  Valuation             New  Single-­family  $372,939.4  $451,279.5  $400,498.1  $576,948.5  $791,891.2   New  Multi-­family  343,669.8  300,514.9  392,331.4  456,361.3  497,341.3   Res.  Alterations/Additions  235,264.8  227,675.7        325,493.9        344,975.9        466,239.6   Total  Residential  951,874.0  979,470.2  1,118,323.4  1,378,285.7  1,755,472.1               New  Commercial  94,705.8  122,360.6  175,958.9  187,303.4  444,308.9   New  Industrial  29,808.2  140,059.5  102,926.6  92,470.2  53,242.1   New  Other  6,764.1  49,801.8  147,944.7  193,029.9  87,213.3   Com.  Alterations/Additions  352,261.1  364,237.6        599,941.3        673,633.6        775,031.8   Total  Nonresidential  483,539.2  676,459.5  1,026,771.5  1,146,437.1  1,359,796.1               New  Dwelling  Units             Single  Family  1,119  1,339  1,076  1,671  2,348   Multiple  Family  1,508  2,023  2,048  3,370  3,171            TOTAL  2,627  3,362  3,124  5,041  5,519             Source:    Construction  Industry  Research  Board,  Building  Permit  Summary.     8.1.d Packet Pg. 370 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   D-­7   Effective  Buying  Income     “Effective  Buying  Income”  is  defined  as  personal  income  less  personal  tax  and  nontax   payments,  a  number  often  referred  to  as  “disposable”  or  “after-­tax”  income.    Personal  income  is   the  aggregate  of  wages  and  salaries,  other  labor-­related  income  (such  as  employer   contributions  to  private  pension  funds),  proprietor’s  income,  rental  income  (which  includes   imputed  rental  income  of  owner-­occupants  of  non-­farm  dwellings),  dividends  paid  by   corporations,  interest  income  from  all  sources,  and  transfer  payments  (such  as  pensions  and   welfare  assistance).    Deducted  from  this  total  are  personal  taxes  (federal,  state  and  local),   nontax  payments  (fines,  fees,  penalties,  etc.)  and  personal  contributions  to  social  insurance.     According  to  U.S.  government  definitions,  the  resultant  figure  is  commonly  known  as   “disposable  personal  income.”     The  following  table  summarizes  the  median  household  effective  buying  income  for  the   City,  the  County,  the  State  and  the  United  States  for  the  period  2012  through  2016.       CITY  OF  DUBLIN  AND  ALAMEDA  COUNTY   Effective  Buying  Income   Median  Household   As  of  January  1,  2012  Through  2016   I.       Year       Area   Total  Effective   Buying  Income   (000’s  Omitted)   Median  Household   Effective  Buying   Income   2012  City  of  Dublin  $1,669,493  $82,308    Alameda  County    43,677,855  55,396    California    864,088,828  47,307    United  States  6,737,867,730  41,358           2013  City  of  Dublin  $1,719,630  $84,244    Alameda  County    43,770,518  57,467    California    858,676,636  48,340    United  States  6,982,757,379  43,715           2014  City  of  Dublin  $1,896,895  $87,311    Alameda  County    47,744,408  60,575    California    901,189,699  50,072    United  States  7,357,153,421  45,448           2015  City  of  Dublin  $2,149,098  $94,247    Alameda  County    52,448,661  64,030    California    981,231,666  53,589    United  States  7,357,153,421  45,448           2016  City  of  Dublin  2,278,236  95,456    Alameda  County    56,091,066  67,631    California    1,036,142,723  55,681    United  States  8,132,748,136  48,043           Source:  The  Nielsen  Company  (US),  Inc.       8.1.d Packet Pg. 371 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   D-­8   Taxable  Transactions     Summaries  of  historic  taxable  sales  within  the  City  and  the  County  during  the  past  five   years  in  which  data  is  available  are  shown  in  the  following  tables.  Annual  figures  are  not  yet   available  for  2016.           Total  taxable  sales  during  calendar  year  2015  in  the  City  were  reported  to  be  $1.68   billion,  a  4.77%  increase  over  the  total  taxable  sales  of  $1.61  billion  reported  during  calendar   year  2014.       CITY  OF  DUBLIN   Taxable  Transactions   Number  of  Permits  and  Valuation  of  Taxable  Transactions   (Valuations  in  Thousands)      Retail  Stores    Total  All  Outlets         Number   of  Permits       Taxable   Transactions       Number   of  Permits       Taxable   Transactions   2011    678  1,042,872    1,033  1,241,228   2012    716  1,213,278    1,071  1,436,142   2013  746  1,261,933    1,099  1,518,125   2014  763  1,329,250    1,125  1,606,966   2015*  N/A  1,379,226    N/A  1,683,547             *Annual  permit  figures  for  calendar  year  2015  are  not  yet  available.   Source:    California  State  Board  of  Equalization,  Taxable  Sales  in  California  (Sales  &  Use  Tax).       Total  taxable  transactions  during  calendar  year  2015  in  the  County  were  reported  to  be   $29.77  billion,  a  4.91%  increase  over  the  total  taxable  transactions  of  $28.38  billion  reported   during  calendar  year  2014.         ALAMEDA  COUNTY   Taxable  Transactions   Number  of  Permits  and  Valuation  of  Taxable  Transactions   (Valuations  in  Thousands)      Retail  Stores    Total  All  Outlets         Number   of  Permits       Taxable   Transactions       Number   of  Permits       Taxable   Transactions   2011    24,809  14,519,756    38,577  23,430,799   2012    26,027  15,781,349    39,706  25,181,571   2013  27,017  16,893,102    40,662  26,624,571   2014  27,152  17,820,857    40,746  28,377,714   2015*  N/A  18,702,806    N/A  29,770,157             *Annual  permit  figures  for  calendar  year  2015  are  not  yet  available.   Source:    California  State  Board  of  Equalization,  Taxable  Sales  in  California  (Sales  &  Use  Tax).     8.1.d Packet Pg. 372 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   E-­1   APPENDIX  E     PRICING  REPORT     8.1.d Packet Pg. 373 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   F-­1     APPENDIX  F     FORM  OF  OPINION  OF  BOND  COUNSEL             8.1.d Packet Pg. 374 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­1   APPENDIX  G     FORM  OF  CONTINUING  DISCLOSURE  UNDERTAKINGS       8.1.d Packet Pg. 375 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­1-­1     APPENDIX  G-­1     CONTINUING  DISCLOSURE  CERTIFICATE   (City)     $________   CITY  OF  DUBLIN   IMPROVEMENT  AREA  NO.  1   COMMUNITY  FACILITIES  DISTRICT  NO.  2015-­1     (DUBLIN  CROSSING)   SPECIAL  TAX  BONDS,  SERIES  2017       This  CONTINUING  DISCLOSURE  CERTIFICATE  (this  “Disclosure  Certificate”),  dated   as  of  _____,  2017  is  executed  and  delivered  by  the  CITY  OF  DUBLIN  (the  “City”),  for  and  on   behalf  of  the  City  of  Dublin  Improvement  Area  No.  1  Community  Facilities  District  No.  2015-­1   (Dublin  Crossing)  (the  “District”),  in  connection  with  the  execution  and  delivery  of  its  City  of   Dublin  Improvement  Area  No.  1  Community  Facilities  District  No.  2015-­1  (Dublin  Crossing)   Special  Tax  Bonds,  Series  2017  (the  “Bonds”).    The  Bonds  are  being  executed  and  delivered   pursuant  to  a  Fiscal  Agent  Agreement,  dated  as  of  _______,  2017  (the  “Fiscal  Agent   Agreement”),  by  and  between  the  City  and  U.S.  Bank  National  Association,  as  fiscal  agent  (the   “Fiscal  Agent”).         The  City  covenants  and  agrees,  for  and  on  behalf  of  the  District,  as  follows:     Section  1.  Purpose  of  the  Disclosure  Certificate.  This  Disclosure  Certificate  is  being   executed  and  delivered  by  the  City  for  the  benefit  of  the  holders  and  beneficial  owners  of  the   Bonds  and  in  order  to  assist  the  Participating  Underwriter  in  complying  with  the  Rule.     Section  2.  Definitions.  In  addition  to  the  definitions  set  forth  above  and  in  the  Fiscal   Agent  Agreement,  which  apply  to  any  capitalized  term  used  in  this  Disclosure  Certificate  unless   otherwise  defined  herein,  the  following  capitalized  terms  shall  have  the  following  meanings:     “Annual  Report”  means  any  Annual  Report  provided  by  the  City  pursuant  to,  and  as   described  in,  Sections  3  and  4  of  this  Disclosure  Certificate.     “Annual  Report  Date”  means  the  date  that  is  nine  months  after  the  end  of  the  City’s   Fiscal  Year  (currently  April  1  based  on  the  City’s  Fiscal  Year  end  of  June  30).     “Dissemination  Agent”  means,  initially,  the  City,  or  any  successor  Dissemination  Agent   designated  in  writing  by  the  City  and  which  has  filed  with  the  City  a  written  acceptance  of  such   designation  in  accordance  with  Section  8  of  this  Disclosure  Certificate.     “Listed  Events”  means  any  of  the  events  listed  in  Section  5(a)  of  this  Disclosure   Certificate.     “MSRB”  means  the  Municipal  Securities  Rulemaking  Board,  which  has  been  designated   by  the  Securities  and  Exchange  Commission  as  the  sole  repository  of  disclosure  information  for   purposes  of  the  Rule,  or  any  other  repository  of  disclosure  information  that  may  be  designated   by  the  Securities  and  Exchange  Commission  as  such  for  purposes  of  the  Rule  in  the  future.     8.1.d Packet Pg. 376 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­1-­2     “Official  Statement”  means  the  final  official  statement  executed  by  the  City  in  connection   with  the  issuance  of  the  Bonds.       “Participating  Underwriter”  means  Prager  &  Co.,  LLC,  as  the  original  underwriter  of  the   Bonds.       “Rule”  means  Rule  15c2-­12(b)(5)  adopted  by  the  Securities  and  Exchange  Commission   under  the  Securities  Exchange  Act  of  1934,  as  it  may  be  amended  from  time  to  time.     “Special  Taxes”  means  the  special  taxes  of  the  District  levied  on  taxable  property  within   the  District.       Section  3.  Provision  of  Annual  Reports.     (a)  The  City  shall,  or  shall  cause  the  Dissemination  Agent  to,  not  later  than  the   Annual  Report  Date,  commencing  April  1,  2018,  with  the  report  for  the  2016-­17  Fiscal  Year,   provide  to  the  MSRB,  in  an  electronic  format  as  prescribed  by  the  MSRB,  an  Annual  Report  that   is  consistent  with  the  requirements  of  Section  4  of  this  Disclosure  Certificate.    Not  later  than  15   Business  Days  prior  to  the  Annual  Report  Date,  the  City  shall  provide  the  Annual  Report  to  the   Dissemination  Agent  (if  other  than  the  City).    If  by  15  Business  Days  prior  to  the  Annual  Report   Date  the  Dissemination  Agent  (if  other  than  the  City)  has  not  received  a  copy  of  the  Annual   Report,  the  Dissemination  Agent  shall  contact  the  City  to  determine  if  the  City  is  in  compliance   with  the  previous  sentence.  The  Annual  Report  may  be  submitted  as  a  single  document  or  as   separate  documents  comprising  a  package,  and  may  include  by  reference  other  information  as   provided  in  Section  4  of  this  Disclosure  Certificate;;  provided,  that  the  audited  financial   statements  of  the  City  may  be  submitted  separately  from  the  balance  of  the  Annual  Report,  and   later  than  the  Annual  Report  Date,  if  not  available  by  that  date.    If  the  City’s  Fiscal  Year   changes,  it  shall  give  notice  of  such  change  in  the  same  manner  as  for  a  Listed  Event.  The  City   shall  provide  a  written  certification  with  each  Annual  Report  furnished  to  the  Dissemination   Agent  to  the  effect  that  such  Annual  Report  constitutes  the  Annual  Report  required  to  be   furnished  by  the  City  hereunder.       (b)  If  the  City  does  not  provide  (or  cause  the  Dissemination  Agent  to  provide)  an   Annual  Report  by  the  Annual  Report  Date,  the  City  shall  provide  (or  cause  the  Dissemination   Agent  to  provide)  to  the  MSRB  in  a  timely  manner,  in  an  electronic  format  as  prescribed  by  the   MSRB,  a  notice  in  substantially  the  form  attached  as  Exhibit  A  to  this  Disclosure  Certificate.       (c)  With  respect  to  each  Annual  Report,  the  Dissemination  Agent  shall:     (i)  determine  prior  to  each  Annual  Report  Date  the  then-­applicable  rules  and   electronic  format  prescribed  by  the  MSRB  for  the  filing  of  annual  continuing  disclosure   reports;;  and       (ii)  if  the  Dissemination  Agent  is  other  than  the  City,  file  a  report  with  the  City   certifying  that  the  Annual  Report  has  been  provided  pursuant  to  this  Disclosure   Certificate,  and  stating  the  date  it  was  provided.       Section  4.  Content  of  Annual  Reports.  The  City’s  Annual  Report  shall  contain  or   incorporate  by  reference  the  following:     8.1.d Packet Pg. 377 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­1-­3   (a)  The  City’s  audited  financial  statements  prepared  in  accordance  with  generally   accepted  accounting  principles  as  promulgated  to  apply  to  governmental  entities  from  time  to   time  by  the  Governmental  Accounting  Standards  Board.    If  the  City’s  audited  financial   statements  are  not  available  by  the  Annual  Report  Date,  the  Annual  Report  shall  contain   unaudited  financial  statements  in  a  format  similar  to  the  financial  statements  contained  in  the   Official  Statement,  and  the  audited  financial  statements  shall  be  filed  in  the  same  manner  as  the   Annual  Report  when  they  become  available.     (b)  The  following  information:       (i)  Principal  amount  of  all  outstanding  bonds  of  the  District.     (ii)  Balance  in  the  improvement  fund  or  construction  account.     (iii)  Balance  in  debt  service  reserve  fund,  and  statement  of  the  reserve  fund   requirement.    Statement  of  projected  reserve  fund  draw,  if  any.     (iv)  Balance  in  other  funds  and  accounts  held  by  the  City  or  Fiscal  Agent   related  to  the  Bonds.     (v)  Additional  debt  authorized  by  the  City  and  payable  from  or  secured  by   assessments  or  special  taxes  with  respect  to  property  within  the  District.     (vi)  The  Special  Tax  levy,  collections,  the  delinquency  rate,  total  amount  of   delinquencies,  number  of  parcels  delinquent  in  payment  for  the  five  most  recent  Fiscal   Years.     (vii)  Notwithstanding  the  June  30th  reporting  date  for  the  Annual  Report,  the   following  information  shall  be  reported  as  of  the  last  day  of  the  month  immediately   preceding  the  date  of  the  Annual  Report  for  which  such  data  is  available  rather  than  as   of  June  30th:    The  identity  of  each  delinquent  taxpayer  responsible  for  5%  or  more  of   total  special  tax/assessment  levied,  and  for  each  such  taxpayer,  the  applicable  assessor   parcel  number,  assessed  value  of  applicable  properties,  amount  of  Special  Tax  levied,   amount  delinquent  by  parcel  number  and  status  of  foreclosure  proceedings.    If  any   foreclosure  has  been  completed,  a  summary  of  results  of  foreclosure  sales  or  transfers   shall  be  provided.     (viii)  Most  recently  available  total  assessed  value  of  all  parcels  subject  to  the   Special  Tax  (in  total,  not  by  individual  APNs).     (ix)  Top  Ten  Taxpayers  (substantially  in  the  form  of  Table  6  but  excluding  any   appraised  values,  overlapping  debt  information  and  special  tax-­related  projections).     (x)  To  the  extent  not  already  provided  pursuant  to  (ix)  above,  list  of   landowners  and  assessor’s  parcel  number  of  parcels  subject  to  5%  or  more  of  the   Special  Tax  levy,  including  the  following  information:  development  status  to  the  extent   shown  in  City  records,  land  use  classification,  and  assessed  value  (land  and   improvements).    The  reporting  of  development  status  shall  coincide  with  cut-­off  dates   applicable  to  the  latest  special  tax  levy.     8.1.d Packet Pg. 378 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­1-­4    (c)  In  addition  to  any  of  the  information  expressly  required  to  be  provided  under  this   Disclosure  Certificate,  the  City  shall  provide  such  further  material  information,  if  any,  as  may  be   necessary  to  make  the  specifically  required  statements,  in  the  light  of  the  circumstances  under   which  they  are  made,  not  misleading.     (d)  Any  or  all  of  the  items  listed  above  may  be  included  by  specific  reference  to  other   documents,  including  official  statements  of  debt  issues  of  the  City  or  related  public  entities,   which  are  available  to  the  public  on  the  MSRB’s  Internet  web  site  or  filed  with  the  Securities  and   Exchange  Commission.    The  City  shall  clearly  identify  each  such  other  document  so  included  by   reference.     Section  5.  Reporting  of  Listed  Events.       (a)  The  City  shall  give,  or  cause  to  be  given,  notice  of  the  occurrence  of  any  of  the   following  Listed  Events  with  respect  to  the  Bonds:     (1)  Principal  and  interest  payment  delinquencies.     (2)  Non-­payment  related  defaults,  if  material.     (3)  Unscheduled  draws  on  debt  service  reserves  reflecting  financial   difficulties.     (4)  Unscheduled  draws  on  credit  enhancements  reflecting  financial   difficulties.     (5)  Substitution  of  credit  or  liquidity  providers,  or  their  failure  to  perform.     (6)  Adverse  tax  opinions,  the  issuance  by  the  Internal  Revenue  Service  of   proposed  or  final  determinations  of  taxability,  Notices  of  Proposed  Issue   (IRS  Form  5701-­TEB)  or  other  material  notices  or  determinations  with   respect  to  the  tax  status  of  the  security,  or  other  material  events  affecting   the  tax  status  of  the  security.     (7)  Modifications  to  rights  of  security  holders,  if  material.     (8)  Bond  calls,  if  material,  and  tender  offers.     (9)  Defeasances.     (10)  Release,  substitution,  or  sale  of  property  securing  repayment  of  the   securities,  if  material.     (11)  Rating  changes.     (12)  Bankruptcy,  insolvency,  receivership  or  similar  event  of  the  City  or  other   obligated  person.       (13)  The  consummation  of  a  merger,  consolidation,  or  acquisition  involving  the   City  or  an  obligated  person,  or  the  sale  of  all  or  substantially  all  of  the   assets  of  the  City  or  an  obligated  person  (other  than  in  the  ordinary   8.1.d Packet Pg. 379 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­1-­5   course  of  business),  the  entry  into  a  definitive  agreement  to  undertake   such  an  action,  or  the  termination  of  a  definitive  agreement  relating  to  any   such  actions,  other  than  pursuant  to  its  terms,  if  material.     (14)  Appointment  of  a  successor  or  additional  fiscal  agent  or  the  change  of   name  of  the  fiscal  agent,  if  material.       (b)  Whenever  the  City  obtains  knowledge  of  the  occurrence  of  a  Listed  Event,  the   City  shall,  or  shall  cause  the  Dissemination  Agent  (if  not  the  City)  to,  file  a  notice  of  such   occurrence  with  the  MSRB,  in  an  electronic  format  as  prescribed  by  the  MSRB,  in  a  timely   manner  not  in  excess  of  10  business  days  after  the  occurrence  of  the  Listed  Event.         (c)  The  City  acknowledges  that  the  events  described  in  subparagraphs  (a)(2),  (a)(7),   (a)(8)  (if  the  event  is  a  bond  call),  (a)(10),  (a)(13),  and  (a)(14)  of  this  Section  5  contain  the   qualifier  “if  material”  and  that  subparagraph  (a)(6)  also  contains  the  qualifier  “material”  with   respect  to  certain  notices,  determinations  or  other  events  affecting  the  tax  status  of  the  Bonds.     The  City  shall  cause  a  notice  to  be  filed  as  set  forth  in  paragraph  (b)  above  with  respect  to  any   such  event  only  to  the  extent  that  it  determines  the  event’s  occurrence  is  material  for  purposes   of  U.S.  federal  securities  law.    Whenever  the  City  obtains  knowledge  of  the  occurrence  of  any  of   these  Listed  Events,  the  City  will  as  soon  as  possible  determine  if  such  event  would  be  material   under  applicable  federal  securities  law.    If  such  event  is  determined  to  be  material,  the  City  will   cause  a  notice  to  be  filed  as  set  forth  in  paragraph  (b)  above.     (d)  For  purposes  of  this  Disclosure  Certificate,  any  event  described  in  paragraph   (a)(12)  above  is  considered  to  occur  when  any  of  the  following  occur:    the  appointment  of  a   receiver,  fiscal  agent,  or  similar  officer  for  the  City  in  a  proceeding  under  the  United  States   Bankruptcy  Code  or  in  any  other  proceeding  under  state  or  federal  law  in  which  a  court  or   governmental  authority  has  assumed  jurisdiction  over  substantially  all  of  the  assets  or  business   of  the  City,  or  if  such  jurisdiction  has  been  assumed  by  leaving  the  existing  governing  body  and   officials  or  officers  in  possession  but  subject  to  the  supervision  and  orders  of  a  court  or   governmental  authority,  or  the  entry  of  an  order  confirming  a  plan  of  reorganization,   arrangement,  or  liquidation  by  a  court  or  governmental  authority  having  supervision  or   jurisdiction  over  substantially  all  of  the  assets  or  business  of  the  City.     Section  6.  Identifying  Information  for  Filings  with  the  MSRB.    All  documents  provided  to   the  MSRB  pursuant  to  this  Disclosure  Certificate  shall  be  accompanied  by  identifying   information  as  prescribed  by  the  MSRB.       Section  7.  Termination  of  Reporting  Obligation.  The  City’s  obligations  under  this   Disclosure  Certificate  shall  terminate  upon  the  legal  defeasance,  prior  redemption  or  payment  in   full  of  all  of  the  Bonds.  If  such  termination  occurs  prior  to  the  final  maturity  of  the  Bonds,  the  City   shall  give  notice  of  such  termination  in  the  same  manner  as  for  a  Listed  Event  under  Section   5(c).     Section  8.  Dissemination  Agent.  The  City  may,  from  time  to  time,  appoint  or  engage  a   Dissemination  Agent  to  assist  it  in  carrying  out  its  obligations  under  this  Disclosure  Certificate,   and  may  discharge  any  Dissemination  Agent,  with  or  without  appointing  a  successor   Dissemination  Agent.    Any  Dissemination  Agent  may  resign  by  providing  30  days’  written  notice   to  the  City.    The  initial  Dissemination  Agent  shall  be  the  City.     8.1.d Packet Pg. 380 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­1-­6   Section  9.  Amendment;;  Waiver.  Notwithstanding  any  other  provision  of  this  Disclosure   Certificate,  the  City  may  amend  this  Disclosure  Certificate,  and  any  provision  of  this  Disclosure   Certificate  may  be  waived,  provided  that  the  following  conditions  are  satisfied:     (a)  if  the  amendment  or  waiver  relates  to  the  provisions  of  Sections  3(a),  4  or   5(a),  it  may  only  be  made  in  connection  with  a  change  in  circumstances  that  arises  from   a  change  in  legal  requirements,  change  in  law,  or  change  in  the  identity,  nature,  or   status  of  an  obligated  person  with  respect  to  the  Bonds,  or  type  of  business  conducted;;   and     (b)  the  proposed  amendment  or  waiver  either  (i)  is  approved  by  holders  of   the  Bonds  in  the  manner  provided  in  the  Fiscal  Agent  Agreement  for  amendments  to  the   Fiscal  Agent  Agreement  with  the  consent  of  holders,  or  (ii)  does  not,  in  the  opinion  of   nationally  recognized  bond  counsel,  materially  impair  the  interests  of  the  holders  or   beneficial  owners  of  the  Bonds.     If  the  annual  financial  information  or  operating  data  to  be  provided  in  the  Annual  Report   is  amended  pursuant  to  the  provisions  hereof,  the  first  Annual  Report  filed  pursuant  hereto   containing  the  amended  operating  data  or  financial  information  shall  explain,  in  narrative  form,   the  reasons  for  the  amendment  and  the  impact  of  the  change  in  the  type  of  operating  data  or   financial  information  being  provided.       If  an  amendment  is  made  to  this  Disclosure  Certificate  modifying  the  accounting   principles  to  be  followed  in  preparing  financial  statements,  the  Annual  Report  for  the  year  in   which  the  change  is  made  shall  present  a  comparison  between  the  financial  statements  or   information  prepared  on  the  basis  of  the  new  accounting  principles  and  those  prepared  on  the   basis  of  the  former  accounting  principles.  The  comparison  shall  include  a  qualitative  discussion   of  the  differences  in  the  accounting  principles  and  the  impact  of  the  change  in  the  accounting   principles  on  the  presentation  of  the  financial  information,  in  order  to  provide  information  to   investors  to  enable  them  to  evaluate  the  ability  of  the  City  to  meet  its  obligations.  To  the  extent   reasonably  feasible,  the  comparison  shall  be  quantitative.       A  notice  of  any  amendment  made  pursuant  to  this  Section  9  shall  be  filed  in  the  same   manner  as  for  a  Listed  Event  under  Section  5(b).     Section  10.  Additional  Information.  Nothing  in  this  Disclosure  Certificate  shall  be  deemed   to  prevent  the  City  from  disseminating  any  other  information,  using  the  means  of  dissemination   set  forth  in  this  Disclosure  Certificate  or  any  other  means  of  communication,  or  including  any   other  information  in  any  Annual  Report  or  notice  of  occurrence  of  a  Listed  Event,  in  addition  to   that  which  is  required  by  this  Disclosure  Certificate.    If  the  City  chooses  to  include  any   information  in  any  Annual  Report  or  notice  of  occurrence  of  a  Listed  Event  in  addition  to  that   which  is  specifically  required  by  this  Disclosure  Certificate,  the  City  shall  have  no  obligation   under  this  Disclosure  Certificate  to  update  such  information  or  include  it  in  any  future  Annual   Report  or  notice  of  occurrence  of  a  Listed  Event.     Section  11.  Default.  If  the  City  fails  to  comply  with  any  provision  of  this  Disclosure   Certificate,  the  Participating  Underwriter  or  any  holder  or  beneficial  owner  of  the  Bonds  may   take  such  actions  as  may  be  necessary  and  appropriate,  including  seeking  mandate  or  specific   performance  by  court  order,  to  cause  the  City  to  comply  with  its  obligations  under  this   Disclosure  Certificate.    A  default  under  this  Disclosure  Certificate  shall  not  be  deemed  an  Event   of  Default  under  the  Fiscal  Agent  Agreement,  and  the  sole  remedy  under  this  Disclosure   8.1.d Packet Pg. 381 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­1-­7   Certificate  in  the  event  of  any  failure  of  the  City  to  comply  with  this  Disclosure  Certificate  shall   be  an  action  to  compel  performance.     Section  12.  Duties,  Immunities  and  Liabilities  of  Dissemination  Agent.       (a)  The  Dissemination  Agent  shall  have  only  such  duties  as  are  specifically  set  forth  in   this  Disclosure  Certificate,  and  the  City  agrees  to  indemnify  and  save  harmless  the   Dissemination  Agent,  its  officers,  directors,  employees  and  agents  (each,  an  “Indemnified   Party”),  against  any  loss,  expense  and  liability  which  it  may  incur  arising  out  of  or  in  the  exercise   or  performance  of  its  powers  and  duties  hereunder,  including  the  reasonable  costs  and   expenses  (including  reasonable  attorneys’  fees)  of  defending  against  any  claim  of  liability,  but   excluding  losses,  liabilities,  costs  and  expenses  due  to  an  Indemnified  Party’s  negligence,  willful   misconduct  or  failure  to  perform  its  duties  hereunder.    The  Dissemination  Agent  shall  have  no   duty  or  obligation  to  review  any  information  provided  to  it  by  the  City  hereunder,  and  shall  not  be   deemed  to  be  acting  in  any  fiduciary  capacity  for  the  City,  the  holders  and  beneficial  owners   from  time  to  time  of  the  Bonds  or  any  other  party.    The  obligations  of  the  City  under  this  Section   shall  survive  resignation  or  removal  of  the  Dissemination  Agent  and  payment  of  the  Bonds.     (b)  The  Dissemination  Agent  shall  be  paid  compensation  by  the  City  for  its  services   provided  hereunder  in  accordance  with  its  schedule  of  fees  as  amended  from  time  to  time,  and   shall  be  reimbursed  for  all  reasonable  and  documented  expenses,  legal  fees  and  advances   made  or  incurred  by  the  Dissemination  Agent  in  the  performance  of  its  duties  hereunder.     Section  13.  Beneficiaries.  This  Disclosure  Certificate  shall  inure  solely  to  the  benefit  of   the  City,  the  Dissemination  Agent,  the  Participating  Underwriter  and  the  holders  and  beneficial   owners  from  time  to  time  of  the  Bonds,  and  shall  create  no  rights  in  any  other  person  or  entity.     Section  14.  Counterparts.    This  Disclosure  Certificate  may  be  executed  in  several   counterparts,  each  of  which  shall  be  regarded  as  an  original,  and  all  of  which  shall  constitute   one  and  the  same  instrument.       IN  WITNESS  WHEREOF,  the  parties  hereto  have  executed  this  Disclosure  Certificate  as   of  the  date  first  above  written.     CITY  OF  DUBLIN,  for  and  on  behalf  of  City  of   Dublin  Improvement  Area  No.  1  Community   Facilities  District  No.  2015-­1  (Dublin  Crossing)       By:         Authorized  Officer   8.1.d Packet Pg. 382 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­1-­8   EXHIBIT  A     NOTICE  OF  FAILURE  TO  FILE  ANNUAL  REPORT       Name  of  Issuer:    City  of  Dublin     Name  of  Bond  Issue:  $____________  City  of  Dublin  Improvement  Area  No.  1   Community  Facilities  District  No.  2015-­1  (Dublin  Crossing)  Special   Tax  Bonds,  Series  2017     Date  of  Issuance:    ______________,  2017       NOTICE  IS  HEREBY  GIVEN  that  the  City  of  Dublin  (the  “City”),  on  behalf  of  City  of   Dublin  Improvement  Area  No.  1  Community  Facilities  District  No.  2015-­1  (Dublin  Crossing),  has   not  provided  an  Annual  Report  with  respect  to  the  above-­named  Bonds  as  required  by  the   Fiscal  Agent  Agreement  dated  as  of  ______,  2017  (the  “Fiscal  Agent  Agreement”)  by  and   between  the  City  and  U.S.  Bank  National  Association.,  as  Fiscal  Agent.    The  City  anticipates   that  the  Annual  Report  will  be  filed  by  _____________.       Dated:    _______________         [Dissemination  Agent]         By:         Authorized  Officer     cc:    City  of  Dublin     8.1.d Packet Pg. 383 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­2-­1     APPENDIX  G-­2     CONTINUING  DISCLOSURE  AGREEMENT   (Developer  -­  Brookfield  Bay  Area  Holdings  LLC)     This  Developer  Continuing  Disclosure  Agreement  (the  “Disclosure  Agreement”),  dated   July  __,  2017,  is  executed  and  delivered  by  Brookfield  Bay  Area  Holdings  LLC,  a  Delaware   limited  liability  company  (the  “Landowner”),  and  __________,  as  dissemination  agent  (the   “Dissemination  Agent”),  in  connection  with  the  issuance  by  the  City  of  Dublin  (the  “City”)  with   respect  to  the  $__________  City  of  Dublin  Community  Facilities  District  No.  2015-­1  (Dublin   Crossing),  Improvement  Area  No.  1,  Special  Tax  Bonds,  Series  2017  (the  “Bonds”).    The   Bonds  are  being  issued  under  a  Fiscal  Agent  Agreement,  dated  as  of  __________  1,  2017  (the   “Fiscal  Agent  Agreement”),  between  the  City  and  U.S.  Bank  National  Association,  as  Fiscal   Agent  (the  “Fiscal  Agent”).    The  Landowner  covenants  and  agrees  as  follows:   SECTION  1.  Purpose  of  the  Disclosure  Agreement.    This  Disclosure  Agreement  is   being  executed  and  delivered  by  the  Landowner  to  assist  the  Underwriter  in  the  marketing  of  the   Bonds.   SECTION  2.  Definitions.    Unless  otherwise  defined  in  this  Section,  the  following   capitalized  terms  shall  have  the  following  meanings:   “Affiliate”  shall  mean,  with  respect  to  the  Landowner,  (a)  each  Person  that,  directly  or   indirectly,  owns  or  controls,  whether  beneficially  or  as  an  agent,  guardian  or  other  fiduciary,  fifty   percent  (50%)  or  more  of  the  outstanding  voting  securities  of  the  Landowner,  or  (b)  each  Person   that  controls,  is  controlled  by  or  is  under  common  control  with  the  Landowner;;  provided,   however,  that  in  no  case  shall  any  of  the  following  be  deemed  to  be  an  Affiliate  of  the   Landowner  for  purposes  of  this  Disclosure  Agreement:    (i)  the  City;;  (ii)  Dublin  Crossing,  LLC;;  or   (iii)  CalAtlantic  Group,  Inc.  or  any  entity  directly  or  indirectly,  owned  or  controlled  by  CalAtlantic   Group,  Inc.    For  the  purpose  of  this  definition,  “control”  of  a  Person  shall  mean  the  possession,   directly  or  indirectly,  of  the  power  to  direct  or  cause  the  direction  of  its  management  or  policies,   unless  such  waiver  is  solely  the  result  of  an  official  position  with  such  Person.       “Annual  Report”  shall  mean  any  Annual  Report  to  be  provided  by  the  Landowner  on  or   prior  to  June  15  of  each  year  pursuant  to,  and  as  described  in,  Sections  3  and  4  of  this   Disclosure  Agreement.   “Beneficial  Owner”  shall  mean  any  person  which  has  or  shares  the  power,  directly  or   indirectly,  to  make  investment  decisions  concerning  ownership  of  the  Bonds  (including  persons   holding  Bonds  through  nominees,  depositories  or  other  intermediaries).    “Dissemination  Agent”  shall  mean  __________,  acting  in  its  capacity  as  Dissemination   Agent  hereunder,  or  any  successor  Dissemination  Agent  designated  in  writing  by  the   Landowner  and  which  has  filed  with  the  Landowner  and  the  City  a  written  acceptance  of  such   designation.   “District”  shall  mean  City  of  Dublin  Community  Facilities  District  No.  2015-­1  (Dublin   Crossing).   “EMMA”  shall  mean  the  Electronic  Municipal  Market  Access  system  of  the  MSRB.   8.1.d Packet Pg. 384 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­2-­2   “Improvement  Area  No.  1”  means  Improvement  Area  No.  1  of  the  District.   “Listed  Event”  shall  mean  any  of  the  events  listed  in  Section  5(a)  of  this  Disclosure   Agreement.   “MSRB”  shall  mean  the  Municipal  Securities  Rulemaking  Board.   “Official  Statement”  shall  mean  the  final  Official  Statement,  dated  July  __,  2017,   relating  to  the  Bonds.   “Person”  shall  mean  any  individual,  corporation,  partnership,  association,  limited  liability   company,  joint  stock  company,  trust,  unincorporated  organization,  or  government  or  political   subdivision  thereof.   “Repository”  shall  mean  the  MSRB  or  any  other  entity  designated  or  authorized  by  the   Securities  and  Exchange  Commission  to  receive  continuing  disclosure  reports.    Unless   otherwise  designated  by  the  MSRB  or  the  Securities  and  Exchange  Commission,  filings  with  the   MSRB  are  to  be  made  through  the  EMMA  website  of  the  MSRB,  currently  located  at   http://emma.msrb.org.       “Semiannual  Report”  shall  mean  any  report  to  be  provided  by  the  Landowner  on  or   prior  to  December  15  of  each  year  pursuant  to,  and  as  described  in,  Sections  3  and  4  of  this   Disclosure  Agreement.   “Underwriter”  shall  mean  the  original  underwriter  of  the  Bonds,  Prager  &  Co.,  LLC.   SECTION  3.  Provision  of  Annual  Reports  and  Semiannual  Reports.   (a)  Until  such  time  as  the  Landowner’s  reporting  requirements  terminate  pursuant  to   Section  6  below,  the  Landowner  shall,  or  upon  receipt  of  the  Annual  Report  from  the  Landowner   the  Dissemination  Agent  shall,  not  later  than  June  15  of  each  year,  commencing  June  15,  2018,   provide  to  the  Repository  an  Annual  Report  which  is  consistent  with  the  requirements  of  Section   4  of  this  Disclosure  Agreement.    If,  in  any  year,  June  15  falls  on  a  Saturday,  Sunday,  or  a   holiday,  such  deadline  shall  be  extended  to  the  next  following  day  that  is  not  a  Saturday,   Sunday,  or  holiday.    The  Annual  Report  may  be  submitted  as  a  single  document  or  as  separate   documents  comprising  a  package,  and  may  include  by  reference  other  information  as  provided   in  Section  4  of  this  Disclosure  Agreement.       In  addition,  until  such  time  as  the  Landowner’s  reporting  requirements  terminate   pursuant  to  Section  6  below,  the  Landowner  shall,  or  upon  receipt  of  the  Semiannual  Report   from  the  Landowner  the  Dissemination  Agent  shall,  not  later  than  December  15  of  each  year,   commencing  December  15,  2017,  provide  to  the  Repository  a  Semiannual  Report  which  is   consistent  with  the  requirements  of  Section  4  of  this  Disclosure  Agreement.    If,  in  any  year,   December  15  falls  on  a  Saturday,  Sunday,  or  a  holiday,  such  deadline  shall  be  extended  to  the   next  following  day  that  is  not  a  Saturday,  Sunday,  or  holiday.    The  Semiannual  Report  may  be   submitted  as  a  single  document  or  as  separate  documents  comprising  a  package,  and  may   include  by  reference  other  information  as  provided  in  Section  4  of  this  Disclosure  Agreement.   (b)  Not  later  than  fifteen  (15)  calendar  days  prior  to  the  date  specified  in  subsection   (a)  for  providing  the  Annual  Report  and  Semiannual  Report  to  the  Repository,  the  Landowner  (i)   shall  provide  the  Annual  Report  or  the  Semiannual  Report,  as  applicable,  to  the  Dissemination   8.1.d Packet Pg. 385 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­2-­3   Agent  or  (ii)  shall  provide  notification  to  the  Dissemination  Agent  that  the  Landowner  is   preparing,  or  causing  to  be  prepared,  the  Annual  Report  or  the  Semiannual  Report,  as   applicable,  and  the  date  which  the  Annual  Report  or  the  Semiannual  Report,  as  applicable,  is   expected  to  be  filed.    If  by  such  date,  the  Dissemination  Agent  has  not  received  a  copy  of  the   Annual  Report  or  the  Semiannual  Report,  as  applicable,  or  notification  as  described  in  the   preceding  sentence,  the  Dissemination  Agent  shall  notify  the  Landowner  of  such  failure  to   receive  the  report.   (c)  If  the  Dissemination  Agent  is  unable  to  provide  an  Annual  Report  or  Semiannual   Report  to  the  Repository  by  the  applicable  June  15th  or  December  15th  or  to  verify  that  an   Annual  Report  or  Semiannual  Report  has  been  provided  to  the  Repository  by  the  Landowner  by   the  applicable  June  15th  or  December  15th,  the  Dissemination  Agent  shall  send  a  notice  to  the   Repository  in  the  form  required  by  the  Repository.   (d)  The  Dissemination  Agent  shall:   (i)  determine  each  year  prior  to  the  date  for  providing  the  Annual  Report  and   the  Semiannual  Report  the  name  and  address  of  the  Repository;;  and     (ii)  promptly  after  receipt  of  the  Annual  Report  or  the  Semiannual  Report,  as   applicable,  file  a  report  with  the  Landowner  and  the  City  certifying  that  the  Annual  Report   or  the  Semiannual  Report,  as  applicable,  has  been  provided  pursuant  to  this  Disclosure   Agreement,  stating  the  date  it  was  provided  to  the  Repository.   (e)  Notwithstanding  any  other  provision  of  this  Disclosure  Agreement,  any  of  the   required  filings  hereunder  shall  be  made  in  accordance  with  the  MSRB’s  EMMA  system.   SECTION  4.  Content  of  Annual  Report  and  Semiannual  Report.   (a)  The  Landowner’s  Annual  Report  and  Semiannual  Report  shall  contain  or  include   by  reference  the  information  which  is  updated  through  a  date  which  shall  not  be  more  than  60   days  prior  to  the  date  of  the  filing  of  the  Annual  Report  or  the  Semiannual  Report,  as  applicable,   relating  to  the  following:   1.  An  update  (if  any)  to  the  information  relating  to  the  Landowner  and  its   Affiliates  under  the  captions  in  the  Official  Statement  entitled  “IMPROVEMENT  AREA   NO.  1  –  Improvement  Area  No.  1  Ownership,”  “—The  Development  Plan  –  Huntington   Neighborhood,”  “-­-­  -­-­  Wilshire  Neighborhood,”  “-­-­  -­-­  Fillmore  Neighborhood,”  “— Financing  Plan  –  Merchant  Builders  –  Brookfield  Merchant  Builders  Financing  Plan.”   2.  A  description  of  the  number  of  building  permits  issued  during  the   reporting  period  with  respect  to  the  property  in  Improvement  Area  No.  1  owned  by  the   Landowner  and  any  Affiliate.   3.  Any  significant  amendments  to  land  use  entitlements  that  are  known  to   the  Landowner  with  respect  to  parcels  owned  by  the  Landowner  or  its  Affiliates  within   Improvement  Area  No.  1.   4.  Any  significant  changes  in  the  ownership  structure  of  the  Landowner  or  its   Affiliates.   8.1.d Packet Pg. 386 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­2-­4   5.  Any  sale  of  property  within  Improvement  Area  No.  1  by  the  Landowner  or   an  Affiliate  to  an  unrelated  merchant  builder.   6.  An  update  of  the  status  of  any  previously  reported  Listed  Event  described   in  Section  5  hereof.      (b)  Any  and  all  of  the  items  listed  above  may  be  included  by  specific  reference  to   other  documents,  including  official  statements  of  debt  issues  which  have  been  submitted  to  the   Repository  or  the  Securities  and  Exchange  Commission.    If  the  document  included  by  reference   is  a  final  official  statement,  it  must  be  available  from  the  MSRB.    The  Landowner  shall  clearly   identify  each  such  other  document  so  included  by  reference.   SECTION  5.  Reporting  of  Significant  Events.   (a)  Pursuant  to  the  provisions  of  this  Section  5,  the  Landowner  shall  give,  or  cause   to  be  given,  notice  of  the  occurrence  of  any  of  the  following  events,  if  material  under  clauses  (b)   and  (c)  as  soon  as  practicable  after  the  Landowner  obtains  knowledge  of  any  of  the  following   events:   1.  Failure  to  pay  any  real  property  taxes,  special  taxes  or  assessments   levied  within  Improvement  Area  No.  1  on  a  parcel  owned  by  the  Landowner  or  any   Affiliate;;   2.  Material  default  by  the  Landowner  or  any  Affiliate  on  any  loan  with   respect  to  the  construction  or  permanent  financing  of  improvements  to  Improvement   Area  No.  1  to  which  the  Landowner  or  any  Affiliate  has  been  provided  a  notice  of  default;;   3.  Material  default  by  the  Landowner  or  any  Affiliate  on  any  loan  secured  by   property  within  Improvement  Area  No.  1  owned  by  the  Landowner  or  any  Affiliate  to   which  the  Landowner  or  any  Affiliate  has  been  provided  a  notice  of  default;;   4.  Payment  default  by  the  Landowner  or  any  Affiliate  on  any  loan  of  the   Landowner  or  any  Affiliate  (whether  or  not  such  loan  is  secured  by  property  within   Improvement  Area  No.  1)  which  is  beyond  any  applicable  cure  period  in  such  loan  and,   in  the  reasonable  judgment  of  the  Landowner,  such  payment  default  will  adversely  affect   the  completion  of  the  development  of  parcels  owned  by  the  Landowner  or  its  Affiliates   within  Improvement  Area  No.  1,  or  would  materially  adversely  affect  the  financial   condition  of  the  Landowner  or  its  Affiliates  or  their  respective  ability  to  pay  special  taxes   levied  within  Improvement  Area  No.  1;;   5.  The  filing  of  any  proceedings  with  respect  to  the  Landowner  or  any   Affiliate  that  owns  property  within  Improvement  Area  No.  1  in  which  the  Landowner  may   be  adjudicated  as  bankrupt  or  discharged  from  any  or  all  of  its  debts  or  obligations  or   granted  an  extension  of  time  to  pay  debts  or  a  reorganization  or  readjustment  of  its   debts;;     6.  The  filing  of  any  proceedings  with  respect  to  an  Affiliate  that  does  not  own   property  in  Improvement  Area  No.  1  in  which  such  Affiliate  may  be  adjudicated  as   bankrupt  or  discharged  from  any  or  all  of  its  debts  or  obligations  or  granted  an  extension   of  time  to  pay  its  debts  or  a  reorganization  or  readjustment  of  its  debts,  if  such   adjudication  will  adversely  affect  the  completion  of  the  development  of  parcels  owned  by   8.1.d Packet Pg. 387 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­2-­5   the  Landowner  or  its  Affiliates  that  own  property  within  Improvement  Area  No.  1,  or   would  materially  adversely  affect  the  financial  condition  of  the  Landowner  or  its  Affiliates   that  own  property  within  Improvement  Area  No.  1  and  their  respective  ability  to  pay   special  taxes  levied  within  Improvement  Area  No.  1;;  and   7.  The  filing  of  any  lawsuit  against  the  Landowner  or  any  of  its  Affiliates  (for   which  Landowner  or  Affiliate  is  in  receipt  of  service  of  process)  which,  in  the  reasonable   judgment  of  the  Landowner,  will  adversely  affect  the  completion  of  the  development  of   parcels  owned  by  the  Landowner  or  its  Affiliates  within  Improvement  Area  No.  1,  or   litigation  which  if  decided  against  the  Landowner,  or  any  such  Affiliates,  in  the   reasonable  judgment  of  the  Landowner,  would  materially  adversely  affect  the  financial   condition  of  the  Landowner  or  its  Affiliates  and  their  respective  ability  to  pay  special   taxes  levied  within  Improvement  Area  No.  1.   (b)  Whenever  the  Landowner  obtains  knowledge  of  the  occurrence  of  a  Listed   Event,  the  Landowner  shall  as  soon  as  possible  determine  if  such  event  would  be  material   under  applicable  federal  securities  laws.    The  Dissemination  Agent  shall  have  no  responsibility   to  determine  the  materiality  of  any  of  the  Listed  Events.   (c)  If  the  Landowner  determines  that  knowledge  of  the  occurrence  of  a  Listed  Event   would  be  material  under  applicable  federal  securities  laws,  the  Landowner  shall  promptly  (i)  file   a  notice  of  such  occurrence  with  the  Dissemination  Agent  which  shall  then  distribute  such  notice   to  the  Repository,  with  a  copy  to  the  City  or  (ii)  file  a  notice  of  such  occurrence  with  the   Repository,  with  a  copy  to  the  Dissemination  Agent  and  the  City.   SECTION  6.  Termination  of  Reporting  Obligation.    The  Landowner’s  obligations  under   this  Disclosure  Agreement  shall  terminate  upon  the  earlier  to  occur  of  the  following  events:   (a)  the  legal  defeasance,  prior  redemption  or  payment  in  full  of  all  of  the  Bonds,  or     (b)  at  any  time  that  the  Landowner  and  its  Affiliates  own  property  in  Improvement   Area  No.  1  that  is  responsible  for  less  than  20%  of  the  special  tax  levy  in  Improvement  Area  No.   1.   If  such  termination  occurs  prior  to  the  final  maturity  of  the  Bonds,  the  Landowner  shall   give  notice  of  such  termination  in  the  same  manner  as  for  a  Listed  Event.   SECTION  7.  Dissemination  Agent.    The  Landowner  may  from  time  to  time,  appoint  or   engage  a  Dissemination  Agent  to  assist  it  in  carrying  out  its  obligations  under  this  Disclosure   Agreement,  and  may  discharge  any  such  Dissemination  Agent,  with  or  without  appointing  a   successor  Dissemination  Agent.    If  the  Dissemination  Agent  is  not  the  Landowner,  the   Dissemination  Agent  shall  not  be  responsible  in  any  manner  for  the  form  or  content  of  any   notice  or  report  prepared  by  the  Landowner  pursuant  to  this  Disclosure  Agreement.    The   Dissemination  Agent  may  resign  by  providing  (i)  thirty  days  written  notice  to  the  Landowner  and   the  Dissemination  Agent  and  (ii)  upon  appointment  of  a  new  Dissemination  Agent  hereunder.   8.1.d Packet Pg. 388 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­2-­6   SECTION  8.  Amendment;;  Waiver.    Notwithstanding  any  other  provision  of  this   Disclosure  Agreement,  the  Landowner  may  amend  this  Disclosure  Agreement,  and  any   provision  of  this  Disclosure  Agreement  may  be  waived,  provided  that  the  following  conditions   are  satisfied:   (a)  If  the  amendment  or  waiver  relates  to  the  provisions  of  Sections  3(a),  4  or  5,  it   may  only  be  made  in  connection  with  a  change  in  circumstances  that  arises  from  a  change  in   legal  requirements  or  a  change  in  law;;   (b)  The  amendment  or  waiver  either  (i)  is  approved  by  the  owners  of  the  Bonds  in   the  same  manner  as  provided  in  the  Fiscal  Agent  Agreement  with  the  consent  of  owners  of  the   Bonds,  or  (ii)  does  not,  in  the  opinion  of  nationally  recognized  bond  counsel  addressed  to  the   City  and  the  Dissemination  Agent,  materially  impair  the  interests  of  the  owners  or  Beneficial   Owners  of  the  Bonds;;  and   (c)  The  Landowner,  or  the  Dissemination  Agent,  shall  have  delivered  copies  of  the   amendment  and  any  opinions  delivered  under  (b)  above  to  the  City  and  the  Fiscal  Agent.   In  the  event  of  any  amendment  or  waiver  of  a  provision  of  this  Disclosure  Agreement,   the  Landowner  shall  describe  such  amendment  in  the  next  Annual  Report  or  Semiannual   Report,  and  shall  include,  as  applicable,  a  narrative  explanation  of  the  reason  for  the   amendment  or  waiver.   SECTION  9.  Additional  Information.    Nothing  in  this  Disclosure  Agreement  shall  be   deemed  to  prevent  the  Landowner  from  disseminating  any  other  information,  using  the  means   of  dissemination  set  forth  in  this  Disclosure  Agreement  or  any  other  means  of  communication,   or  including  any  other  information  in  any  Annual  Report,  Semiannual  Report,  or  notice  of   occurrence  of  a  Listed  Event,  in  addition  to  that  which  is  required  by  this  Disclosure  Agreement.     If  the  Landowner  chooses  to  include  any  information  in  any  Annual  Report,  Semiannual  Report,   or  notice  of  occurrence  of  a  Listed  Event  in  addition  to  that  which  is  specifically  required  by  this   Disclosure  Agreement,  the  Landowner  shall  have  no  obligation  under  this  Disclosure  Agreement   to  update  such  information  or  include  it  in  any  future  Annual  Report,  Semiannual  Report,  or   notice  of  occurrence  of  a  Listed  Event.   The  Landowner  acknowledges  and  understands  that  other  state  and  federal  laws,   including  but  not  limited  to  the  Securities  Act  of  1933  and  Rule  10b-­5  promulgated  under  the   Securities  Exchange  Act  of  1934,  may  apply  to  the  Landowner,  and  that  under  some   circumstances  compliance  with  this  Disclosure  Agreement,  without  additional  disclosures  or   other  action,  may  not  fully  discharge  all  duties  and  obligations  of  the  Landowner  under  such   laws.   SECTION  10.  Default.    In  the  event  of  a  failure  of  the  Landowner  or  the  Dissemination   Agent  to  comply  with  any  provision  of  this  Disclosure  Agreement,  the  Underwriter  or  any  owner   or  Beneficial  Owner  of  the  Bonds  may,  take  such  actions  as  may  be  necessary  and  appropriate,   including  seeking  mandate  or  specific  performance  by  court  order,  to  cause  the  Landowner  or   the  Dissemination  Agent  to  comply  with  its  obligations  under  this  Disclosure  Agreement.    A   default  under  this  Disclosure  Agreement  shall  not  be  deemed  an  Event  of  Default  under  the   Fiscal  Agent  Agreement  (as  such  term  is  defined  therein),  and  the  sole  remedy  under  this   Disclosure  Agreement  in  the  event  of  any  failure  of  the  Landowner  to  comply  with  this   Disclosure  Agreement  shall  be  an  action  to  compel  performance.    Neither  the  Landowner  nor   the  Dissemination  Agent  shall  have  any  liability  to  the  Beneficial  Owners  of  the  Bonds  or  any   8.1.d Packet Pg. 389 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­2-­7   other  party  for  monetary  damages  or  financial  liability  of  any  kind  whatsoever  arising  from  or   relating  to  this  Disclosure  Agreement.   SECTION  11.  Duties,  Immunities  and  Liabilities  of  Dissemination  Agent.    The   Dissemination  Agent  shall  not  be  deemed  to  be  acting  in  any  fiduciary  capacity  for  the   Landowner,  the  Underwriter,  owners  of  the  Bonds  or  Beneficial  Owners  or  any  other  party.    The   Dissemination  Agent  may  rely  and  shall  be  protected  in  acting  or  refraining  from  acting  upon  a   direction  from  the  Landowner  or  an  opinion  of  nationally  recognized  bond  counsel.    No  person   shall  have  any  right  to  commence  any  action  against  the  Dissemination  Agent  seeking  any   remedy  other  than  to  compel  specific  performance  of  this  Disclosure  Agreement.    The   Dissemination  Agent  may  conclusively  rely  upon  the  Annual  Report  or  Semiannual  Report   provided  to  it  by  the  Landowner  as  constituting  the  Annual  Report  or  Semiannual  Report   required  of  the  Landowner  in  accordance  with  this  Disclosure  Agreement  and  shall  have  no  duty   or  obligation  to  review  such  Annual  Report  or  Semiannual  Report.    The  Dissemination  Agent   shall  have  no  duty  to  prepare  the  Annual  Report  or  Semiannual  Report  nor  shall  the   Dissemination  Agent  be  responsible  for  filing  any  Annual  Report  or  Semiannual  Report  not   provided  to  it  by  the  Landowner  in  a  timely  manner  in  a  form  suitable  for  filing  with  the   Repositories.    Any  company  succeeding  to  all  or  substantially  all  of  the  Dissemination  Agent’s   corporate  trust  business  shall  be  the  successor  to  the  Dissemination  Agent  hereunder  without   the  execution  or  filing  of  any  paper  or  any  further  act.   SECTION  12.  Landowner  as  Independent  Contractor.    In  performing  under  this   Disclosure  Agreement,  it  is  understood  that  the  Landowner  is  an  independent  contractor  and  not   an  agent  of  the  City.   SECTION  13.  Notices.    Notices  should  be  sent  in  writing  to  the  following  addresses.     The  following  information  may  be  conclusively  relied  upon  until  changed  in  writing.   Landowner:  Brookfield  Bay  Area  Holdings  LLC    500  La  Gonda  Way,  Suite  100    Danville,  CA    94526    Phone:  (___)  __________     Dissemination  Agent:       Underwriter:  Prager  &  Co.,  LLC            One  Maritime  Plaza,  Suite  1000   San  Francisco,  CA    94111    Phone:  (____)  _______________     SECTION  14.  Beneficiaries.    This  Disclosure  Agreement  shall  inure  solely  to  the  benefit   of  the  Landowner,  the  City,  the  Dissemination  Agent,  the  Underwriter  and  owners  of  the  Bonds   and  Beneficial  Owners  from  time  to  time  of  the  Bonds,  and  shall  create  no  rights  in  any  other   person  or  entity.   SECTION  15.  California  Law.    The  validity,  interpretation  and  performance  of  this   Disclosure  Agreement  shall  be  governed  by  the  laws  of  the  State  of  California.   8.1.d Packet Pg. 390 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­2-­8   SECTION  16.    Counterparts.    This  Disclosure  Agreement  may  be  executed  in  several   counterparts,  each  of  which  shall  be  an  original  and  all  of  which  shall  constitute  but  one  and  the   same  instrument.        BROOKFIELD  BAY  AREA  HOLDINGS,  LLC,      A  Delaware  limited  liability  company       By:           Name:  __________________________________     Title:  ___________________________________     By:           Name:  __________________________________     Title:  ___________________________________           _____________,  as  Dissemination  Agent     By:                    Authorized  Officer       8.1.d Packet Pg. 391 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­3-­1   APPENDIX  G-­3     CONTINUING  DISCLOSURE  AGREEMENT   (Developer  -­  CalAtlantic  Group,  Inc.)     This  Developer  Continuing  Disclosure  Agreement  (the  “Disclosure  Agreement”),  dated   July  __,  2017,  is  executed  and  delivered  by  CalAtlantic  Group,  Inc.,  a  Delaware  corporation  (the   “Landowner”),  and  __________,  as  dissemination  agent  (the  “Dissemination  Agent”),  in   connection  with  the  issuance  by  the  City  of  Dublin  (the  “City”)  with  respect  to  the  $__________   City  of  Dublin  Community  Facilities  District  No.  2015-­1  (Dublin  Crossing),  Improvement  Area   No.  1,  Special  Tax  Bonds,  Series  2017  (the  “Bonds”).    The  Bonds  are  being  issued  under  a   Fiscal  Agent  Agreement,  dated  as  of  __________  1,  2017  (the  “Fiscal  Agent  Agreement”),   between  the  City  and  U.S.  Bank  National  Association,  as  Fiscal  Agent  (the  “Fiscal  Agent”).     The  Landowner  covenants  and  agrees  as  follows:   SECTION  1.  Purpose  of  the  Disclosure  Agreement.    This  Disclosure  Agreement  is   being  executed  and  delivered  by  the  Landowner  to  assist  the  Underwriter  in  the  marketing  of  the   Bonds.   SECTION  2.  Definitions.    Unless  otherwise  defined  in  this  Section,  the  following   capitalized  terms  shall  have  the  following  meanings:   “Affiliate”  shall  mean,  with  respect  to  the  Landowner,  (a)  each  Person  that,  directly  or   indirectly,  owns  or  controls,  whether  beneficially  or  as  an  agent,  guardian  or  other  fiduciary,  fifty   percent  (50%)  or  more  of  the  outstanding  voting  securities  of  the  Landowner,  or  (b)  each  Person   that  controls,  is  controlled  by  or  is  under  common  control  with  the  Landowner;;  provided,   however,  that  in  no  case  shall  any  of  the  following  be  deemed  to  be  an  Affiliate  of  the   Landowner  for  purposes  of  this  Disclosure  Agreement:  (i)  the  City;;  (ii)  Dublin  Crossing,  LLC;;  (iii)   Brookfield  Bay  Area  Holdings  LLC;;  (iv)  Brookfield  Wilshire  LLC;;  or  (v)  Brookfield  Fillmore  LLC.     For  the  purpose  of  this  definition,  “control”  of  a  Person  shall  mean  the  possession,  directly  or   indirectly,  of  the  power  to  direct  or  cause  the  direction  of  its  management  or  policies,  unless   such  waiver  is  solely  the  result  of  an  official  position  with  such  Person.       “Annual  Report”  shall  mean  any  Annual  Report  to  be  provided  by  the  Landowner  on  or   prior  to  June  15  of  each  year  pursuant  to,  and  as  described  in,  Sections  3  and  4  of  this   Disclosure  Agreement.   “Beneficial  Owner”  shall  mean  any  person  which  has  or  shares  the  power,  directly  or   indirectly,  to  make  investment  decisions  concerning  ownership  of  the  Bonds  (including  persons   holding  Bonds  through  nominees,  depositories  or  other  intermediaries).    “Dissemination  Agent”  shall  mean  __________,  acting  in  its  capacity  as  Dissemination   Agent  hereunder,  or  any  successor  Dissemination  Agent  designated  in  writing  by  the   Landowner  and  which  has  filed  with  the  Landowner  and  the  City  a  written  acceptance  of  such   designation.   “District”  shall  mean  City  of  Dublin  Community  Facilities  District  No.  2015-­1  (Dublin   Crossing).   “EMMA”  shall  mean  the  Electronic  Municipal  Market  Access  system  of  the  MSRB.   8.1.d Packet Pg. 392 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­3-­2   “Improvement  Area  No.  1”  means  Improvement  Area  No.  1  of  the  District.   “Listed  Event”  shall  mean  any  of  the  events  listed  in  Section  5(a)  of  this  Disclosure   Agreement.   “MSRB”  shall  mean  the  Municipal  Securities  Rulemaking  Board.   “Official  Statement”  shall  mean  the  final  Official  Statement,  dated  July  __,  2017,   relating  to  the  Bonds.   “Person”  shall  mean  any  individual,  corporation,  partnership,  association,  limited  liability   company,  joint  stock  company,  trust,  unincorporated  organization,  or  government  or  political   subdivision  thereof.       “Repository”  shall  mean  the  MSRB  or  any  other  entity  designated  or  authorized  by  the   Securities  and  Exchange  Commission  to  receive  continuing  disclosure  reports.    Unless   otherwise  designated  by  the  MSRB  or  the  Securities  and  Exchange  Commission,  filings  with  the   MSRB  are  to  be  made  through  the  EMMA  website  of  the  MSRB,  currently  located  at   http://emma.msrb.org.       “Semiannual  Report”  shall  mean  any  report  to  be  provided  by  the  Landowner  on  or   prior  to  December  15  of  each  year  pursuant  to,  and  as  described  in,  Sections  3  and  4  of  this   Disclosure  Agreement.   “Underwriter”  shall  mean  the  original  underwriter  of  the  Bonds,  Prager  &  Co.,  LLC.   SECTION  3.  Provision  of  Annual  Reports  and  Semiannual  Reports.   (a)  Until  such  time  as  the  Landowner’s  reporting  requirements  terminate  pursuant  to   Section  6  below,  the  Landowner  shall,  or  upon  receipt  of  the  Annual  Report  from  the  Landowner   the  Dissemination  Agent  shall,  not  later  than  June  15  of  each  year,  commencing  June  15,  2018,   provide  to  the  Repository  an  Annual  Report  which  is  consistent  with  the  requirements  of  Section   4  of  this  Disclosure  Agreement.    If,  in  any  year,  June  15  falls  on  a  Saturday,  Sunday,  or  a   holiday,  such  deadline  shall  be  extended  to  the  next  following  day  that  is  not  a  Saturday,   Sunday,  or  holiday.    The  Annual  Report  may  be  submitted  as  a  single  document  or  as  separate   documents  comprising  a  package,  and  may  include  by  reference  other  information  as  provided   in  Section  4  of  this  Disclosure  Agreement.       In  addition,  until  such  time  as  the  Landowner’s  reporting  requirements  terminate   pursuant  to  Section  6  below,  the  Landowner  shall,  or  upon  receipt  of  the  Semiannual  Report   from  the  Landowner  the  Dissemination  Agent  shall,  not  later  than  December  15  of  each  year,   commencing  December  15,  2017,  provide  to  the  Repository  a  Semiannual  Report  which  is   consistent  with  the  requirements  of  Section  4  of  this  Disclosure  Agreement.    If,  in  any  year,   December  15  falls  on  a  Saturday,  Sunday,  or  a  holiday,  such  deadline  shall  be  extended  to  the   next  following  day  that  is  not  a  Saturday,  Sunday,  or  holiday.    The  Semiannual  Report  may  be   submitted  as  a  single  document  or  as  separate  documents  comprising  a  package,  and  may   include  by  reference  other  information  as  provided  in  Section  4  of  this  Disclosure  Agreement.   (b)  Not  later  than  fifteen  (15)  calendar  days  prior  to  the  date  specified  in  subsection   (a)  for  providing  the  Annual  Report  and  Semiannual  Report  to  the  Repository,  the  Landowner  (i)   shall  provide  the  Annual  Report  or  the  Semiannual  Report,  as  applicable,  to  the  Dissemination   8.1.d Packet Pg. 393 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­3-­3   Agent  or  (ii)  shall  provide  notification  to  the  Dissemination  Agent  that  the  Landowner  is   preparing,  or  causing  to  be  prepared,  the  Annual  Report  or  the  Semiannual  Report,  as   applicable,  and  the  date  which  the  Annual  Report  or  the  Semiannual  Report,  as  applicable,  is   expected  to  be  filed.    If  by  such  date,  the  Dissemination  Agent  has  not  received  a  copy  of  the   Annual  Report  or  the  Semiannual  Report,  as  applicable,  or  notification  as  described  in  the   preceding  sentence,  the  Dissemination  Agent  shall  notify  the  Landowner  of  such  failure  to   receive  the  report.   (c)  If  the  Dissemination  Agent  is  unable  to  provide  an  Annual  Report  or  Semiannual   Report  to  the  Repository  by  the  applicable  June  15th  or  December  15th  or  to  verify  that  an   Annual  Report  or  Semiannual  Report  has  been  provided  to  the  Repository  by  the  Landowner  by   the  applicable  June  15th  or  December  15th,  the  Dissemination  Agent  shall  send  a  notice  to  the   Repository  in  the  form  required  by  the  Repository.   (d)  The  Dissemination  Agent  shall:   (i)  determine  each  year  prior  to  the  date  for  providing  the  Annual  Report  and   the  Semiannual  Report  the  name  and  address  of  the  Repository;;  and     (ii)  promptly  after  receipt  of  the  Annual  Report  or  the  Semiannual  Report,  as   applicable,  file  a  report  with  the  Landowner  and  the  City  certifying  that  the  Annual  Report   or  the  Semiannual  Report,  as  applicable,  has  been  provided  pursuant  to  this  Disclosure   Agreement,  stating  the  date  it  was  provided  to  the  Repository.   (e)  Notwithstanding  any  other  provision  of  this  Disclosure  Agreement,  any  of  the   required  filings  hereunder  shall  be  made  in  accordance  with  the  MSRB’s  EMMA  system.   SECTION  4.  Content  of  Annual  Report  and  Semiannual  Report.   (a)  The  Landowner’s  Annual  Report  and  Semiannual  Report  shall  contain  or  include   by  reference  the  information  which  is  updated  through  a  date  which  shall  not  be  more  than  60   days  prior  to  the  date  of  the  filing  of  the  Annual  Report  or  the  Semiannual  Report,  as  applicable,   relating  to  the  following:   1.  An  update  (if  any)  to  the  information  relating  to  the  Landowner  and  its   Affiliates  under  the  captions  in  the  Official  Statement  entitled  “IMPROVEMENT  AREA   NO.  1  –Improvement  Area  No.  1  Ownership,”  “—The  Development  Plan  –  Madison   Neighborhood,”  “-­-­  -­-­  Union  Neighborhood,”  “-­-­  -­-­  Sunset  Neighborhood,”  and  “— Financing  Plan  –  Merchant  Builders  –  CalAtlantic’s  Financing  Plan.”   2.  A  description  of  the  number  of  building  permits  issued  during  the   reporting  period  with  respect  to  the  property  in  Improvement  Area  No.  1  owned  by  the   Landowner  and  any  Affiliate.   3.  Any  significant  amendments  to  land  use  entitlements  that  are  known  to   the  Landowner  with  respect  to  parcels  owned  by  the  Landowner  or  its  Affiliates  within   Improvement  Area  No.  1.   4.  Any  significant  changes  in  the  ownership  structure  of  the  Landowner  or  its   Affiliates.   8.1.d Packet Pg. 394 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­3-­4   5.  Any  sale  of  property  within  Improvement  Area  No.  1  by  the  Landowner  or   an  Affiliate  to  an  unrelated  merchant  builder.   6.  An  update  of  the  status  of  any  previously  reported  Listed  Event  described   in  Section  5  hereof.      (b)  Any  and  all  of  the  items  listed  above  may  be  included  by  specific  reference  to   other  documents,  including  official  statements  of  debt  issues  which  have  been  submitted  to  the   Repository  or  the  Securities  and  Exchange  Commission.    If  the  document  included  by  reference   is  a  final  official  statement,  it  must  be  available  from  the  MSRB.    The  Landowner  shall  clearly   identify  each  such  other  document  so  included  by  reference.   SECTION  5.  Reporting  of  Significant  Events.   (a)  Pursuant  to  the  provisions  of  this  Section  5,  the  Landowner  shall  give,  or  cause   to  be  given,  notice  of  the  occurrence  of  any  of  the  following  events,  if  material  under  clauses  (b)   and  (c)  as  soon  as  practicable  after  the  Landowner  obtains  knowledge  of  any  of  the  following   events:   1.  Failure  to  pay  any  real  property  taxes,  special  taxes  or  assessments   levied  within  Improvement  Area  No.  1  on  a  parcel  owned  by  the  Landowner  or  any   Affiliate;;   2.  Material  default  by  the  Landowner  or  any  Affiliate  on  any  loan  with   respect  to  the  construction  or  permanent  financing  of  improvements  to  Improvement   Area  No.  1  to  which  the  Landowner  or  any  Affiliate  has  been  provided  a  notice  of  default;;   3.  Material  default  by  the  Landowner  or  any  Affiliate  on  any  loan  secured  by   property  within  Improvement  Area  No.  1  owned  by  the  Landowner  or  any  Affiliate  to   which  the  Landowner  or  any  Affiliate  has  been  provided  a  notice  of  default;;   4.  Payment  default  by  the  Landowner  or  any  Affiliate  on  any  loan  of  the   Landowner  or  any  Affiliate  (whether  or  not  such  loan  is  secured  by  property  within   Improvement  Area  No.  1)  which  is  beyond  any  applicable  cure  period  in  such  loan  and,   in  the  reasonable  judgment  of  the  Landowner,  such  payment  default  will  adversely  affect   the  completion  of  the  development  of  parcels  owned  by  the  Landowner  or  its  Affiliates   within  Improvement  Area  No.  1,  or  would  materially  adversely  affect  the  financial   condition  of  the  Landowner  or  its  Affiliates  or  their  respective  ability  to  pay  special  taxes   levied  within  Improvement  Area  No.  1;;   5.  The  filing  of  any  proceedings  with  respect  to  the  Landowner  or  any   Affiliate  that  owns  property  within  Improvement  Area  No.  1  in  which  the  Landowner  may   be  adjudicated  as  bankrupt  or  discharged  from  any  or  all  of  its  debts  or  obligations  or   granted  an  extension  of  time  to  pay  debts  or  a  reorganization  or  readjustment  of  its   debts;;     6.  The  filing  of  any  proceedings  with  respect  to  an  Affiliate  that  does  not  own   property  in  Improvement  Area  No.  1  in  which  such  Affiliate  may  be  adjudicated  as   bankrupt  or  discharged  from  any  or  all  of  its  debts  or  obligations  or  granted  an  extension   of  time  to  pay  its  debts  or  a  reorganization  or  readjustment  of  its  debts,  if  such   adjudication  will  adversely  affect  the  completion  of  the  development  of  parcels  owned  by   8.1.d Packet Pg. 395 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­3-­5   the  Landowner  or  its  Affiliates  that  own  property  within  Improvement  Area  No.  1,  or   would  materially  adversely  affect  the  financial  condition  of  the  Landowner  or  its  Affiliates   that  own  property  within  Improvement  Area  No.  1  and  their  respective  ability  to  pay   special  taxes  levied  within  Improvement  Area  No.  1;;  and   7.  The  filing  of  any  lawsuit  against  the  Landowner  or  any  of  its  Affiliates  (for   which  Landowner  or  Affiliate  is  in  receipt  of  service  of  process)  which,  in  the  reasonable   judgment  of  the  Landowner,  will  adversely  affect  the  completion  of  the  development  of   parcels  owned  by  the  Landowner  or  its  Affiliates  within  Improvement  Area  No.  1,  or   litigation  which  if  decided  against  the  Landowner,  or  any  such  Affiliates,  in  the   reasonable  judgment  of  the  Landowner,  would  materially  adversely  affect  the  financial   condition  of  the  Landowner  or  its  Affiliates  and  their  respective  ability  to  pay  special   taxes  levied  within  Improvement  Area  No.  1.   (b)  Whenever  the  Landowner  obtains  knowledge  of  the  occurrence  of  a  Listed   Event,  the  Landowner  shall  as  soon  as  possible  determine  if  such  event  would  be  material   under  applicable  federal  securities  laws.    The  Dissemination  Agent  shall  have  no  responsibility   to  determine  the  materiality  of  any  of  the  Listed  Events.   (c)  If  the  Landowner  determines  that  knowledge  of  the  occurrence  of  a  Listed  Event   would  be  material  under  applicable  federal  securities  laws,  the  Landowner  shall  promptly  (i)  file   a  notice  of  such  occurrence  with  the  Dissemination  Agent  which  shall  then  distribute  such  notice   to  the  Repository,  with  a  copy  to  the  City  or  (ii)  file  a  notice  of  such  occurrence  with  the   Repository,  with  a  copy  to  the  Dissemination  Agent  and  the  City.   SECTION  6.  Termination  of  Reporting  Obligation.    The  Landowner’s  obligations  under   this  Disclosure  Agreement  shall  terminate  upon  the  earlier  to  occur  of  the  following  events:   (a)  the  legal  defeasance,  prior  redemption  or  payment  in  full  of  all  of  the  Bonds,  or     (b)  at  any  time  that  the  Landowner  and  its  Affiliates  own  property  in  Improvement   Area  No.  1  that  is  responsible  for  less  than  20%  of  the  special  tax  levy  in  Improvement  Area  No.   1.   If  such  termination  occurs  prior  to  the  final  maturity  of  the  Bonds,  the  Landowner  shall   give  notice  of  such  termination  in  the  same  manner  as  for  a  Listed  Event.   SECTION  7.  Dissemination  Agent.    The  Landowner  may  from  time  to  time,  appoint  or   engage  a  Dissemination  Agent  to  assist  it  in  carrying  out  its  obligations  under  this  Disclosure   Agreement,  and  may  discharge  any  such  Dissemination  Agent,  with  or  without  appointing  a   successor  Dissemination  Agent.    If  the  Dissemination  Agent  is  not  the  Landowner,  the   Dissemination  Agent  shall  not  be  responsible  in  any  manner  for  the  form  or  content  of  any   notice  or  report  prepared  by  the  Landowner  pursuant  to  this  Disclosure  Agreement.    The   Dissemination  Agent  may  resign  by  providing  (i)  thirty  days  written  notice  to  the  Landowner  and   the  Dissemination  Agent  and  (ii)  upon  appointment  of  a  new  Dissemination  Agent  hereunder.   8.1.d Packet Pg. 396 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­3-­6   SECTION  8.  Amendment;;  Waiver.    Notwithstanding  any  other  provision  of  this   Disclosure  Agreement,  the  Landowner  may  amend  this  Disclosure  Agreement,  and  any   provision  of  this  Disclosure  Agreement  may  be  waived,  provided  that  the  following  conditions   are  satisfied:   (a)  If  the  amendment  or  waiver  relates  to  the  provisions  of  Sections  3(a),  4  or  5,  it   may  only  be  made  in  connection  with  a  change  in  circumstances  that  arises  from  a  change  in   legal  requirements  or  a  change  in  law;;   (b)  The  amendment  or  waiver  either  (i)  is  approved  by  the  owners  of  the  Bonds  in   the  same  manner  as  provided  in  the  Fiscal  Agent  Agreement  with  the  consent  of  owners  of  the   Bonds,  or  (ii)  does  not,  in  the  opinion  of  nationally  recognized  bond  counsel  addressed  to  the   City  and  the  Dissemination  Agent,  materially  impair  the  interests  of  the  owners  or  Beneficial   Owners  of  the  Bonds;;  and   (c)  The  Landowner,  or  the  Dissemination  Agent,  shall  have  delivered  copies  of  the   amendment  and  any  opinions  delivered  under  (b)  above  to  the  City  and  the  Fiscal  Agent.   In  the  event  of  any  amendment  or  waiver  of  a  provision  of  this  Disclosure  Agreement,   the  Landowner  shall  describe  such  amendment  in  the  next  Annual  Report  or  Semiannual   Report,  and  shall  include,  as  applicable,  a  narrative  explanation  of  the  reason  for  the   amendment  or  waiver.   SECTION  9.  Additional  Information.    Nothing  in  this  Disclosure  Agreement  shall  be   deemed  to  prevent  the  Landowner  from  disseminating  any  other  information,  using  the  means   of  dissemination  set  forth  in  this  Disclosure  Agreement  or  any  other  means  of  communication,   or  including  any  other  information  in  any  Annual  Report,  Semiannual  Report,  or  notice  of   occurrence  of  a  Listed  Event,  in  addition  to  that  which  is  required  by  this  Disclosure  Agreement.     If  the  Landowner  chooses  to  include  any  information  in  any  Annual  Report,  Semiannual  Report,   or  notice  of  occurrence  of  a  Listed  Event  in  addition  to  that  which  is  specifically  required  by  this   Disclosure  Agreement,  the  Landowner  shall  have  no  obligation  under  this  Disclosure  Agreement   to  update  such  information  or  include  it  in  any  future  Annual  Report,  Semiannual  Report,  or   notice  of  occurrence  of  a  Listed  Event.   The  Landowner  acknowledges  and  understands  that  other  state  and  federal  laws,   including  but  not  limited  to  the  Securities  Act  of  1933  and  Rule  10b-­5  promulgated  under  the   Securities  Exchange  Act  of  1934,  may  apply  to  the  Landowner,  and  that  under  some   circumstances  compliance  with  this  Disclosure  Agreement,  without  additional  disclosures  or   other  action,  may  not  fully  discharge  all  duties  and  obligations  of  the  Landowner  under  such   laws.   SECTION  10.  Default.    In  the  event  of  a  failure  of  the  Landowner  or  the  Dissemination   Agent  to  comply  with  any  provision  of  this  Disclosure  Agreement,  the  Underwriter  or  any  owner   or  Beneficial  Owner  of  the  Bonds  may,  take  such  actions  as  may  be  necessary  and  appropriate,   including  seeking  mandate  or  specific  performance  by  court  order,  to  cause  the  Landowner  or   the  Dissemination  Agent  to  comply  with  its  obligations  under  this  Disclosure  Agreement.    A   default  under  this  Disclosure  Agreement  shall  not  be  deemed  an  Event  of  Default  under  the   Fiscal  Agent  Agreement  (as  such  term  is  defined  therein),  and  the  sole  remedy  under  this   Disclosure  Agreement  in  the  event  of  any  failure  of  the  Landowner  to  comply  with  this   Disclosure  Agreement  shall  be  an  action  to  compel  performance.    Neither  the  Landowner  nor   the  Dissemination  Agent  shall  have  any  liability  to  the  Beneficial  Owners  of  the  Bonds  or  any   8.1.d Packet Pg. 397 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­3-­7   other  party  for  monetary  damages  or  financial  liability  of  any  kind  whatsoever  arising  from  or   relating  to  this  Disclosure  Agreement.   SECTION  11.  Duties,  Immunities  and  Liabilities  of  Dissemination  Agent.    The   Dissemination  Agent  shall  not  be  deemed  to  be  acting  in  any  fiduciary  capacity  for  the   Landowner,  the  Underwriter,  owners  of  the  Bonds  or  Beneficial  Owners  or  any  other  party.    The   Dissemination  Agent  may  rely  and  shall  be  protected  in  acting  or  refraining  from  acting  upon  a   direction  from  the  Landowner  or  an  opinion  of  nationally  recognized  bond  counsel.    No  person   shall  have  any  right  to  commence  any  action  against  the  Dissemination  Agent  seeking  any   remedy  other  than  to  compel  specific  performance  of  this  Disclosure  Agreement.    The   Dissemination  Agent  may  conclusively  rely  upon  the  Annual  Report  or  Semiannual  Report   provided  to  it  by  the  Landowner  as  constituting  the  Annual  Report  or  Semiannual  Report   required  of  the  Landowner  in  accordance  with  this  Disclosure  Agreement  and  shall  have  no  duty   or  obligation  to  review  such  Annual  Report  or  Semiannual  Report.    The  Dissemination  Agent   shall  have  no  duty  to  prepare  the  Annual  Report  or  Semiannual  Report  nor  shall  the   Dissemination  Agent  be  responsible  for  filing  any  Annual  Report  or  Semiannual  Report  not   provided  to  it  by  the  Landowner  in  a  timely  manner  in  a  form  suitable  for  filing  with  the   Repositories.    Any  company  succeeding  to  all  or  substantially  all  of  the  Dissemination  Agent’s   corporate  trust  business  shall  be  the  successor  to  the  Dissemination  Agent  hereunder  without   the  execution  or  filing  of  any  paper  or  any  further  act.   SECTION  12.  Landowner  as  Independent  Contractor.    In  performing  under  this   Disclosure  Agreement,  it  is  understood  that  the  Landowner  is  an  independent  contractor  and  not   an  agent  of  the  City.   SECTION  13.  Notices.    Notices  should  be  sent  in  writing  to  the  following  addresses.     The  following  information  may  be  conclusively  relied  upon  until  changed  in  writing.   Landowner:  CalAtlantic  Homes            4750  Willow  Road,  Suite  150   Pleasanton,  CA  94588   Attention:  [Vice  President  Forward  Planning]   Phone:  (___)  ________________     with  a  copy  to:     CalAtlantic  Homes   15360  Barranca  Parkway   Irvine,  California  92618   Attention:  Vice  President  -­  Treasury    Phone:  (949)  789-­1653     Dissemination  Agent:       Underwriter:  Prager  &  Co.,  LLC            One  Maritime  Plaza,  Suite  1000   San  Francisco,  CA    94111    Phone:  (___)  ____________     8.1.d Packet Pg. 398 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   G-­3-­8   SECTION  14.  Beneficiaries.    This  Disclosure  Agreement  shall  inure  solely  to  the  benefit   of  the  Landowner,  the  City,  the  Dissemination  Agent,  the  Underwriter  and  owners  of  the  Bonds   and  Beneficial  Owners  from  time  to  time  of  the  Bonds,  and  shall  create  no  rights  in  any  other   person  or  entity.   SECTION  15.  California  Law.    The  validity,  interpretation  and  performance  of  this   Disclosure  Agreement  shall  be  governed  by  the  laws  of  the  State  of  California.   SECTION  16.    Counterparts.    This  Disclosure  Agreement  may  be  executed  in  several   counterparts,  each  of  which  shall  be  an  original  and  all  of  which  shall  constitute  but  one  and  the   same  instrument.        CALATLANTIC  GROUP,  INC.,      A  Delaware  corporation       By:           Name:  __________________________________     Title:  ___________________________________           _____________,  as  Dissemination  Agent     By:                    Authorized  Officer             8.1.d Packet Pg. 399 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   H-­1   APPENDIX  H     BOOK  ENTRY  SYSTEM         The  following  description  of  the  Depository  Trust  Company  ("DTC"),  the  procedures  and   record  keeping  with  respect  to  beneficial  ownership  interests  in  the  Bonds,  payment  of  principal,   interest  and  other  payments  on  the  Bonds  (herein,  the  "Securities")  to  DTC  Participants  or   Beneficial  Owners,  confirmation  and  transfer  of  beneficial  ownership  interest  in  the  Securities   and  other  related  transactions  by  and  between  DTC,  the  DTC  Participants  and  the  Beneficial   Owners  is  based  solely  on  information  provided  by  DTC.    Accordingly,  no  representations  can   be  made  concerning  these  matters  and  neither  the  DTC  Participants  nor  the  Beneficial  Owners   should  rely  on  the  foregoing  information  with  respect  to  such  matters,  but  should  instead  confirm   the  same  with  DTC  or  the  DTC  Participants,  as  the  case  may  be.         Neither  the  issuer  of  the  Securities  (the  "Issuer")  nor  the  trustee,  fiscal  agent  or  paying   agent  appointed  with  respect  to  the  Securities  (the  "Agent")  takes  any  responsibility  for  the   information  contained  in  this  Appendix.       No  assurances  can  be  given  that  DTC,  DTC  Participants  or  Indirect  Participants  will   distribute  to  the  Beneficial  Owners  (a)  payments  of  interest,  principal  or  premium,  if  any,  with   respect  to  the  Securities,  (b)  certificates  representing  ownership  interest  in  or  other  confirmation   or  ownership  interest  in  the  Securities,  or  (c)  redemption  or  other  notices  sent  to  DTC  or  Cede  &   Co.,  its  nominee,  as  the  registered  owner  of  the  Securities,  or  that  they  will  so  do  on  a  timely   basis,  or  that  DTC,  DTC  Participants  or  DTC  Indirect  Participants  will  act  in  the  manner   described  in  this  Appendix.    The  current  "Rules"  applicable  to  DTC  are  on  file  with  the  Securities   and  Exchange  Commission  and  the  current  "Procedures"  of  DTC  to  be  followed  in  dealing  with   DTC  Participants  are  on  file  with  DTC.     1.  The  Depository  Trust  Company  ("DTC")  will  act  as  securities  depository  for  the   securities  (the  "Securities").  The  Securities  will  be  issued  as  fully-­registered  securities   registered  in  the  name  of  Cede  &  Co.  (DTC’s  partnership  nominee)  or  such  other  name  as  may   be  requested  by  an  authorized  representative  of  DTC.  One  fully-­registered  Security  certificate   will  be  issued  for  each  issue  of  the  Securities,  each  in  the  aggregate  principal  amount  of  such   issue,  and  will  be  deposited  with  DTC.    If,  however,  the  aggregate  principal  amount  of  any  issue   exceeds  $500  million,  one  certificate  will  be  issued  with  respect  to  each  $500  million  of  principal   amount,  and  an  additional  certificate  will  be  issued  with  respect  to  any  remaining  principal   amount  of  such  issue.     2.  DTC,  the  world’s  largest  securities  depository,  is  a  limited-­purpose  trust  company   organized  under  the  New  York  Banking  Law,  a  "banking  organization"  within  the  meaning  of  the   New  York  Banking  Law,  a  member  of  the  Federal  Reserve  System,  a  "clearing  corporation"   within  the  meaning  of  the  New  York  Uniform  Commercial  Code,  and  a  "clearing  agency"   registered  pursuant  to  the  provisions  of  Section  17A  of  the  Securities  Exchange  Act  of  1934.   DTC  holds  and  provides  asset  servicing  for  over  3.5  million  issues  of  U.S.  and  non-­U.S.  equity   issues,  corporate  and  municipal  debt  issues,  and  money  market  instruments  (from  over  100   countries)  that  DTC’s  participants  ("Direct  Participants")  deposit  with  DTC.    DTC  also   facilitates  the  post-­trade  settlement  among  Direct  Participants  of  sales  and  other  securities   transactions  in  deposited  securities,  through  electronic  computerized  book-­entry  transfers  and   pledges  between  Direct  Participants’  accounts.    This  eliminates  the  need  for  physical  movement   8.1.d Packet Pg. 400 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   H-­2   of  securities  certificates.    Direct  Participants  include  both  U.S.  and  non-­U.S.  securities  brokers   and  dealers,  banks,  trust  companies,  clearing  corporations,  and  certain  other  organizations.     DTC  is  a  wholly-­owned  subsidiary  of  The  Depository  Trust  &  Clearing  Corporation  ("DTCC").   DTCC  is  the  holding  company  for  DTC,  National  Securities  Clearing  Corporation  and  Fixed   Income  Clearing  Corporation,  all  of  which  are  registered  clearing  agencies.  DTCC  is  owned  by   the  users  of  its  regulated  subsidiaries.  Access  to  the  DTC  system  is  also  available  to  others   such  as  both  U.S.  and  non-­U.S.  securities  brokers  and  dealers,  banks,  trust  companies,  and   clearing  corporations  that  clear  through  or  maintain  a  custodial  relationship  with  a  Direct   Participant,  either  directly  or  indirectly  ("Indirect  Participants").    DTC  has  a  Standard  &  Poor’s   rating  of  AA+.    The  DTC  Rules  applicable  to  its  Participants  are  on  file  with  the  Securities  and   Exchange  Commission.    More  information  about  DTC  can  be  found  at  www.dtcc.com.  The   information  contained  on  this  Internet  site  is  not  incorporated  herein  by  reference.     3.  Purchases  of  Securities  under  the  DTC  system  must  be  made  by  or  through  Direct   Participants,  which  will  receive  a  credit  for  the  Securities  on  DTC’s  records.    The  ownership   interest  of  each  actual  purchaser  of  each  Security  ("Beneficial  Owner")  is  in  turn  to  be  recorded   on  the  Direct  and  Indirect  Participants’  records.    Beneficial  Owners  will  not  receive  written   confirmation  from  DTC  of  their  purchase.    Beneficial  Owners  are,  however,  expected  to  receive   written  confirmations  providing  details  of  the  transaction,  as  well  as  periodic  statements  of  their   holdings,  from  the  Direct  or  Indirect  Participant  through  which  the  Beneficial  Owner  entered  into   the  transaction.    Transfers  of  ownership  interests  in  the  Securities  are  to  be  accomplished  by   entries  made  on  the  books  of  Direct  and  Indirect  Participants  acting  on  behalf  of  Beneficial   Owners.    Beneficial  Owners  will  not  receive  certificates  representing  their  ownership  interests  in   Securities,  except  in  the  event  that  use  of  the  book-­entry  system  for  the  Securities  is   discontinued.       4.  To  facilitate  subsequent  transfers,  all  Securities  deposited  by  Direct  Participants  with   DTC  are  registered  in  the  name  of  DTC’s  partnership  nominee,  Cede  &  Co.,  or  such  other  name   as  may  be  requested  by  an  authorized  representative  of  DTC.    The  deposit  of  Securities  with   DTC  and  their  registration  in  the  name  of  Cede  &  Co.  or  such  other  DTC  nominee  do  not  effect   any  change  in  beneficial  ownership.    DTC  has  no  knowledge  of  the  actual  Beneficial  Owners  of   the  Securities;;  DTC’s  records  reflect  only  the  identity  of  the  Direct  Participants  to  whose   accounts  such  Securities  are  credited,  which  may  or  may  not  be  the  Beneficial  Owners.    The   Direct  and  Indirect  Participants  will  remain  responsible  for  keeping  account  of  their  holdings  on   behalf  of  their  customers.     5.  Conveyance  of  notices  and  other  communications  by  DTC  to  Direct  Participants,  by   Direct  Participants  to  Indirect  Participants,  and  by  Direct  Participants  and  Indirect  Participants  to   Beneficial  Owners  will  be  governed  by  arrangements  among  them,  subject  to  any  statutory  or   regulatory  requirements  as  may  be  in  effect  from  time  to  time.    Beneficial  Owners  of  Securities   may  wish  to  take  certain  steps  to  augment  the  transmission  to  them  of  notices  of  significant   events  with  respect  to  the  Securities,  such  as  redemptions,  tenders,  defaults,  and  proposed   amendments  to  the  Security  documents.    For  example,  Beneficial  Owners  of  Securities  may   wish  to  ascertain  that  the  nominee  holding  the  Securities  for  their  benefit  has  agreed  to  obtain   and  transmit  notices  to  Beneficial  Owners.    In  the  alternative,  Beneficial  Owners  may  wish  to   provide  their  names  and  addresses  to  the  registrar  and  request  that  copies  of  notices  be   provided  directly  to  them.     6.  Redemption  notices  shall  be  sent  to  DTC.    If  less  than  all  of  the  Securities  within  an   issue  are  being  redeemed,  DTC’s  practice  is  to  determine  by  lot  the  amount  of  the  interest  of   each  Direct  Participant  in  such  issue  to  be  redeemed.   8.1.d Packet Pg. 401 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s   H-­3     7.  Neither  DTC  nor  Cede  &  Co.  (nor  any  other  DTC  nominee)  will  consent  or  vote  with   respect  to  Securities  unless  authorized  by  a  Direct  Participant  in  accordance  with  DTC’s  MMI   Procedures.  Under  its  usual  procedures,  DTC  mails  an  Omnibus  Proxy  to  Issuer  as  soon  as   possible  after  the  record  date.    The  Omnibus  Proxy  assigns  Cede  &  Co.’s  consenting  or  voting   rights  to  those  Direct  Participants  to  whose  accounts  Securities  are  credited  on  the  record  date   (identified  in  a  listing  attached  to  the  Omnibus  Proxy).     8.  Redemption  proceeds,  distributions,  and  dividend  payments  on  the  Securities  will  be   made  to  Cede  &  Co.,  or  such  other  nominee  as  may  be  requested  by  an  authorized   representative  of  DTC.    DTC’s  practice  is  to  credit  Direct  Participants’  accounts  upon  DTC’s   receipt  of  funds  and  corresponding  detail  information  from  Issuer  or  Agent,  on  payable  date  in   accordance  with  their  respective  holdings  shown  on  DTC’s  records.    Payments  by  Participants   to  Beneficial  Owners  will  be  governed  by  standing  instructions  and  customary  practices,  as  is   the  case  with  securities  held  for  the  accounts  of  customers  in  bearer  form  or  registered  in  "street   name,"  and  will  be  the  responsibility  of  such  Participant  and  not  of  DTC,  Agent,  or  Issuer,   subject  to  any  statutory  or  regulatory  requirements  as  may  be  in  effect  from  time  to  time.     Payment  of  redemption  proceeds,  distributions,  and  dividend  payments  to  Cede  &  Co.  (or  such   other  nominee  as  may  be  requested  by  an  authorized  representative  of  DTC)  is  the   responsibility  of  Issuer  or  Agent,  disbursement  of  such  payments  to  Direct  Participants  will  be   the  responsibility  of  DTC,  and  disbursement  of  such  payments  to  the  Beneficial  Owners  will  be   the  responsibility  of  Direct  and  Indirect  Participants.     9.  DTC  may  discontinue  providing  its  services  as  depository  with  respect  to  the   Securities  at  any  time  by  giving  reasonable  notice  to  Issuer  or  Agent.    Under  such   circumstances,  in  the  event  that  a  successor  depository  is  not  obtained,  Security  certificates  are   required  to  be  printed  and  delivered.     10.  Issuer  may  decide  to  discontinue  use  of  the  system  of  book-­entry-­only  transfers   through  DTC  (or  a  successor  securities  depository).    In  that  event,  Security  certificates  will  be   printed  and  delivered  to  DTC.     11.  The  information  in  this  section  concerning  DTC  and  DTC’s  book-­entry  system  has   been  obtained  from  sources  that  Issuer  believes  to  be  reliable,  but  Issuer  takes  no  responsibility   for  the  accuracy  thereof.       8.1.d Packet Pg. 402 At t a c h m e n t : 4 . P r e l i m i n a r y O f f i c i a l S t a t e m e n t , a n d C o n t i n u i n g D i s c l o s u r e C e r t i f i c a t e ( A p p e n d i x G - 1 ) ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s RESOLUTION NO. __-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** AUTHORIZING EXECUTION OF AN ACQUISITION AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC WHEREAS, this City Council (this “City Council”) of the City of Dublin (the “City”) has conducted proceedings to establish Community Facilities District No. 2015-1 (Dublin Crossing), City of Dublin, County of Alameda, State of California” (“CFD No. 2015-1”), for the purpose of providing financing for certain authorized public capital improvements and reimbursement of certain capital facility impact fees (together, the improvements and the impact fees are referred to herein as the “Authorized CFD Public Improvements”) being constructed and installed by (in the case of the capital improvements) or paid by (in the case of the fees) Dublin Crossing, LLC (the “Developer”), pertaining to a development project initially known as “Dublin Crossing” and now renamed “Boulevard”; and WHEREAS, in anticipation of authorizing the issuance and sale of the first series of special tax bonds of CFD No. 2015-1 (the “Bonds”) to provide the intended financing, a form of Acquisition Agreement, between the City and the Developer (the “Acquisition and Disclosure Agreement”) has been prepared, filed with the City Clerk and submitted to the members of this City Council for consideration at this meeting; and WHEREAS, the agreement sets forth the list of Authorized CFD Public Improvements and provides a requisition procedure by which the Developer may request reimbursement from Bond proceeds and/or CFD special tax proceeds for the cost of authorized public improvements which have been completed and reimbursement from the same sources for authorized capital facilities impact fees which have been paid, subject to review and approval of the requisition by the Director of Public Works of the City of the designee of the Director of Public Works prior to any disbursement of CFD monies; and WHEREAS, this City Council wishes by this resolution to approve and authorize execution of the Acquisition Agreement in the form considered at this meeting. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby finds, determines and resolves as follows: 1. The Acquisition Agreement (attached hereto as Exhibit A) between the City of Dublin and Dublin Crossing, LLC, is hereby determined to be beneficial to future residents within the CFD and is therefore approved. 2. The City Manager is hereby authorized to make non-substantive changes thereto, as approved by the City Attorney, and the City Manager is hereby authorized and directed to execute said agreement on behalf of the City of Dublin. * * * * * PASSED, APPROVED AND ADOPTED this 18th day of July, 2017, by the following vote: 8.1.e Packet Pg. 403 At t a c h m e n t : 5 . R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d D u b l i n C r o s s i n g , L L C ( 1 5 2 6 : AYES: Council Members __________________________________________ NOES: Council Members __________________________________________ ABSENT: Council Members __________________________________________ ABSTAIN Council Members __________________________________________ _______________________________________ Mayor ATTEST: ______________________________ City Clerk 8.1.e Packet Pg. 404 At t a c h m e n t : 5 . R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d D u b l i n C r o s s i n g , L L C ( 1 5 2 6 : Exhibit A 2678014.5 ACQUISITION AGREEMENT Relating to: City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) THIS ACQUISITION AGREEMENT (this "Agreement"), dated as of July 18, 2017, is by and between the City of Dublin, a municipal corporation and a political subdivision of the State of California (the “City”), and Dublin Crossing LLC, a Delaware limited liability company (the “Developer”). RECITALS A. Capitalized terms not otherwise defined in this Agreement shall have the meanings given to them under the heading “Definitions” herein. B. The City Council of the City (the “City Council”) has established the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “CFD”) under the Mello-Roos Community Facilities Act of 1982 for the financing, among other things, of certain authorized public facilities (the “Authorized Facilities”) and certain authorized capital facility fees (the “Authorized Fees”) generally described in the Resolution of Formation and described in more detail in Exhibit A, attached hereto and by this reference incorporated herein. C. The City and Dublin Crossing Venture LLC, a Delaware limited liability company (the “Developer’s Predecessor”), entered into that certain Development Agreement, dated November 19, 2013 (the “Original Development Agreement”), pertaining to implementation of a development project (the “Project”) on the land described in Exhibit A to the Original Development Agreement (the “Property”), a portion of which land is presently within the boundary of the CFD and the balance of which land is designated as “Future Annexation Area” of the CFD, as shown on the Boundary Map. D. The Original Development Agreement was amended by the First Amendment, thereby creating the “Original Development Agreement, as Amended.” E. The Developer’s Predecessor and the Developer entered into an Assignment and Assumption of Development Agreement (the “DA Assignment”), pursuant to which the Developer’s Predecessor assigned and the Developer assumed all of the rights, duties and obligations of the Developer’s Predecessor under the Original Development Agreement, as Amended, with the express written approval of the City Manager of the City (the “City Manager”) as set forth on page 4 of the DA Assignment. F. The Original Development Agreement, as Amended, was further amended by the Second Amendment. All references hereafter in this Agreement to the “Development Agreement” shall be deemed to refer to the Original Development Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, and any future amendments thereto. 8.1.f Packet Pg. 405 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 2 2678014.4 G. As recited in Exhibit G of the Development Agreement (“Exhibit G”), the Property is being acquired in phases from the United States of America, represented by The Departm ent of the Army (the “Army”), pursuant to an Exchange Agreement, dated March 4, 2011, between the Developer’s Predecessor and the Army (the “Exchange Agreement”), subject to the terms and conditions set forth in the Exchange Agreement. The phases are identified in Exhibit G as Phase 1A, 1B, 2, 3, 4 and 5. Property is to be conveyed in phases upon the completion of certain improvements by the Developer (as successor to the Developer’s Predecessor). Phase 1A and 1B have heretofore been conveyed and comprise Improvement Area No. 1 of the CFD, with the subsequent phases comprising the Future Annexation Area. Exhibit G provides that, as each additional phase is conveyed, it will be annexed into the CFD, with each of Phases 2, 3, 4 and 5 expected to become a new Improvement Area, identified as Improvement Area No. 2 (Phase 2), 3 (Phase 3), 4 (Phase 4) and 5 (Phase 5), respectively. The provisions of Exhibit G summarized in the foregoing sentence represent the current expectations of the parties, but the actual assignment of phases to improvement areas may differ from the current expectations. Upon the annexation of a portion of the Future Annexation Area to the CFD, the provisions of this Agreement shall extend to the Developer (as said term is defined herein to include transferees of the Developer) of the annexed portion of the Property without the necessity of any amendment of this Agreement or the execution of any additional such agreement pertaining to the annexed portion. H. The Authorized Facilities and Authorized Fees are necessary to mitigate impacts arising from development occurring in the CFD, and the City will benefit from a coordinated plan of design, engineering and construction of the Authorized Facilities and the development of the Property. I. The City has determined that it will obtain no advantage from undertaking the construction of the Authorized Facilities and that the Authorized Facilities may be constructed by the Developer as if they had been constructed under the direction and supervision, or under the authority of, the City, by complying with the provisions of this Agreement. J. As a result of a special election conducted on June 2, 2015, the City has been authorized to levy a special tax on property within the CFD (the “Special Tax”) and to issue special tax bonds and other debt obligations (the “Bonds”) in one or more series, which Bonds shall be payable as to principal and interest from proceeds of the Special Tax, as provided by the Act. K. Each series of the Bonds, when issued, will be secured by and will be payable solely from the proceeds of the Special Tax levied upon the taxable property within a specified Improvement Area. However, proceeds of the Bonds may be expended to pay the Purchase Price of Authorized Facilities or Discrete Components or to reimburse for Authorized Fees which have been paid in accordance with this Agreement irrespective of whether they are situated within or adjacent to the boundary of that specified Improvement Area. DEFINITIONS Capitalized terms used in this Agreement, in addition to those defined elsewhere in this Agreement, shall have the following meanings: 8.1.f Packet Pg. 406 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 3 2678014.4 “Acceptance Date” means the date upon which the City or other public entity or public utility accepts fee simple title or an irrevocable offer of dedication of one or more Authorized Facilities. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Part 1 (commencing with Section 53311) of Division 2 of Title 5 of the California Government Code. “Actual Cost” means, with respect to an Authorized Facility or a Discrete Component, an amount equal to the sum of (a) the Developer’s actual, reasonable cost of constructing such Authorized Facility or Discrete Component, including labor, material, and equipment cost s, (b) the Developer’s actual, reasonable cost of preparing the Plans for such Authorized Facility or Discrete Component, (c) the Developer’s actual, reasonable cost of environmental evaluations required in the City’s reasonable determination specifically for such Authorized Facility or Discrete Component, (d) the amount of the fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses, or other necessary governmental approvals for such Authorized Facility or Discrete Component, (e) the Developer’s actual, reasonable cost for construction management services respecting the construction and installation of any Authorized Facility or Discrete Component, (f) the Developer’s actual, reasonable cost for professional services directly related to the construction and installation of such Authorized Facility or Discrete Component, including engineering, inspection, construction staking, materials testing, and similar professional services, (g) the Developer’s actual, reasonable cost of any title insurance, escrow fees or costs, or like expenses incurred with respect to transfer of ownership of any such Authorized Facility or Discrete Component, and (h) the Developer’s actual, reasonable cost of any real property or interest therein acquired from a party other than the Developer, which real property or interest therein is either necessary for the construction of such Authorized Facility or Discrete Component (e.g., temporary construction easements, haul roads, etc.) or is required to be conveyed with such Authorized Facility or Discrete Component in order to convey acceptable title thereto to the City or other applicable public entity or public utility, as specified in a Payment Request that has been reviewed and approved by the Director of Public Works or his designee who will be responsible for administering the acquisition of the Authorized Facility or Discrete Component; provided, however, that no item of cost relating to an Authorized Facility or Discrete Component shall be included in more than one category of cost under this definition; and provided further, however, that each item of cost shall be chargeable to the capital account for the Authorized Facility under generally accepted accounting principles. “Agreed-Upon Allocation” shall have the meaning ascribed to it in Section 6(e)(vi) herein. “Agreement” means this Acquisition Agreement, dated as of July 18, 2017, by and between the City and the Developer. “Army” means the Department of the Army of the United States of America. “Authorized Facility” and “Authorized Facilities” mean one or more of the public capital facilities general described in the Resolution of Formation, as amended by Resolution No. 93- 17, adopted by the City Council on June 20, 2017, and described in more detail in Exhibit A hereto. “Authorized Fees” means the capital facility fees generally described in the Resolution of Formation, as amended by Resolution No. 92-17, adopted by the City Council on June 20, 2017, and described in more detail in Exhibit A hereto. 8.1.f Packet Pg. 407 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 4 2678014.4 “Bonds” means limited obligation bonds or other debt obligations, whether taxable or tax- exempt, fixed-rate or variable-rate, issued by the City with respect to the CFD the principal of and interest on which are payable from proceeds of Special Taxes levied upon the taxable property within a specified Improvement Area. “Boundary Map” means the boundary map of the CFD containing the matters prescribed by the Act, approved by Resolution No. 54-15, adopted by the City Council on April 21, 2015, and recorded on May 4, 2015, in Book 18 of Maps of Assessment and Community Facilities Districts, at page 61, official records of the County Recorder, as supplemented by Annexation Map No. 1, approved by Resolution No. 93-17, adopted by the City Council on June 20, 2017, and recorded on June 26, 2017, in Book 317 of Maps of Assessment and Community Facilities Districts, at page 60, official records of the County Recorder. “CFD” means the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) and Improvement Area No. 1, as shown on the Boundary Map; provided that the area shown on the Boundary Map as “Future Annexation Area” may be annexed to the CFD in phases from time-to-time in accordance with the Act, and all references herein to the CFD shall be deemed to include such portions of the Future Annexation Area as have been so annexed, including any such Improvement Areas designated out of such Future Annexation Area. “City” means the City of Dublin, California. “City Council” means the legislative body of the City. “City Manager” means the person who is the duly appointed and acting City Manager of the City. “Conditions of Approval” means the conditions of approvals and mitigation measures imposed in connection with the granting of the land use entitlements for the development the Project, and any subdivision improvement, owner participation agreement, development or other agreement with the City relating to the development of the Project, the installation of the Authorized Facilities or the payment of Authorized Fees, including but not limited to those set forth in the Development Agreement. “Continuing Disclosure Undertaking” means the written instrument to be executed by the Developer in connection with the issuance of any series of Bonds for an Improvement Area by which the Developer agrees to provide such information pertaining to the Property in such Improvement Area, development of the Property in such Improvement Area, and the Developer’s financing plan for the development of the Property in such Improvement Area, as shall be prescribed by such instrument, all in furtherance of enabling the City’s bond underwriter to comply with disclosure obligations imposed upon the bond underwriter under federal securities laws. “County Recorder” means the County Recorder of the County of Alameda, State of California. “DA Assignment” means that certain agreement entitled “Assignment and Assumption of Development Agreement,” entered into between the Developer’s Predecessor and the Developer, made and effective as of August 28, 2015, and recorded in the official records of the County Recorder on August 28, 2015, as Document No. 2015239932. 8.1.f Packet Pg. 408 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 5 2678014.4 “Developer” means, initially, Dublin Crossing LLC, and its successors; provided that in the event that the Developer transfers its rights and obligations respecting any portion of the Property and the associated Authorized Facilities and/or Authorized Fees, pursuant to and in compliance with the terms and conditions of Section 20 of the Development Agreement and pursuant to an assignment and assumption agreement substantially in the form of the DA Assignment and entered into between the Developer and the transferee and approved in writing by the City Manager, the term “Developer” as used in this Agreement shall be deemed to include such transferee to the extent applicable to the Authorized Facilities (or Discrete Components thereof) and/or Authorized Fees, and the provisions of this Agreement respecting the financing of Authorized Facilities and/or Authorized Fees shall become applicable to such transferee, subject to the terms and conditions hereof, except as otherwise provided in the DA Assignment. “Developer Allocation” shall have the meaning ascribed to it in Section 6(e)(vi) herein. “Developer’s Predecessor” means Dublin Crossing Venture LLC, a Delaware limited liability company. “Development Agreement” means the Original Development Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, and any further amendment thereto “Director of Public Works" means the Public Works Director of the City or such other official of the City acting in such capacity, or the designee of such official. "Discrete Component" means a component of an Authorized Facility described in Exhibit A attached hereto, which is a functional segment of an Authorized Facility costing more than $1.0 million, that can be separately identified and inspected and that can be the subject of a Payment Request. Discrete Components do not have to be accepted by the City (or other applicable public entity or public utility to which ownership will be transferred) as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until the Discrete Component has been constructed in accordance with the Plans therefor, as determined by the Director of Public Works. Exhibit A may be modified at any time by the Developer for the purpose of identifying Discrete Components of Authorized Facilities, subject to the written approval of the Director of Public Works, without City Council approval. “Exchange Agreement” means the agreement dated March 4, 2011, between the Developer’s Predecessor and the Army. “First Amendment” means that certain agreement entered into between the City and t he Developer’s Predecessor, dated June 16, 2015, and recorded in the official records of the County Recorder on July 22, 2015, as Document No. 2015202606, which amends the Original Development Agreement. “Fiscal Agent” means the bank, trust company or other authorized fiduciary serving as Fiscal Agent under the applicable Fiscal Agent Agreement. "Fiscal Agent Agreement" means an indenture, fiscal agent agreement, resolution or other instrument under which one or more series of Bonds for an Improvement Area are issued, as such Fiscal Agent Agreement may be supplemented from time to time to accommodate 8.1.f Packet Pg. 409 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 6 2678014.4 additional bond issuances for the applicable Improvement Area or as it may be amended from time to time. “Fiscal Agent Agreements” means the total set of individual Fiscal Agent Agreements pertaining to all of the Improvement Areas of the CFD. “Funding Sources” means, collectively, (A) Net Proceeds, (B) proceeds of Special Taxes levied and collected prior to the issuance of Bonds for an Improvement Area and not needed for the payment of the principal of or the interest on Bonds, (C) proceeds of prepayments of Special Taxes collected prior to the issuance of the first series of Bonds for an Improvement Area pursuant to the applicable Rate and Method, (D) proceeds of prepayments of Special Taxes otherwise allocated for Authorized Facilities or Authorized Fees under the applicable Rate and Method, as further described in Section 3 herein, and (E) proceeds of Special Taxes collected to directly finance Authorized Facilities and/or Authorized Fees under the applicable Rate and Method and which are allocated to fund such Authorized Facilities and/or Authorized Fees in the discretion of the City, as further described in Section 4 herein. “Future Annexation Area” means that portion of the Property which is designated as Future Annexation Area on the Boundary Map and which is intended to be annexed into the CFD in the future, whether as land added to an existing Improvement Area or as land establishing a new Improvement Area. “Improvement Area” shall mean that portion of the area within the CFD boundary designated as a separate improvement area, as provided under the Act, Improvement Area No. 1 having been shown on the Boundary Map to include all of the Property currently within the CFD, and with intention to (a) annex additional portions of the Property to Improvement Area No. 1 and (b) establish Improvement Areas No. 2 through 5, inclusive, to include portions of the Property designated as “Future Annexation Area” on the Boundary Map and intended to be annexed in the future. “Improvement Area No. 1” means Improvement Area No. 1 of the CFD. “Improvement Fund” means the fund to be established under each Fiscal Agent Agreement, whether by that name or a similar name (such as “Construction Fund”), into which the monies from the Funding Sources are to be deposited and from which the monies from the Funding Sources and the investment earnings thereon are to be disbursed to provide for the financing of Authorized Facilities, Discrete Components or Authorized Fees. To facilitate the tracking of expenditures for federal tax purposes, the Improvement Fund shall consist of separate subaccounts for the deposit of (i) Net Proceeds and (ii) all other Funding Sources. “Improvement Funds” means, collectively, the total set of individual Improvement Funds established under each of the individual Fiscal Agent Agreements. “Land” shall have the meaning ascribed to it in Section 7(a) herein. “Net Proceeds” means the proceeds of sale of any series of Bonds prescribed for deposit into the applicable Improvement Fund after first depositing the prescribed portion of such proceeds of sale into the applicable reserve fund, administrative expense fund or any like fund or account established under the applicable Fiscal Agent Agreement for purposes other than financing of Authorized Facilities, Discrete Components or Authorized Fees. 8.1.f Packet Pg. 410 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 7 2678014.4 “Obligated Transferee” means any Transferee who, “Original Development Agreement” means that certain agreement entitled “Development Agreement,” dated November 19, 2013, between the City and the Developer’s Predecessor, and recorded in the official records of the County Recorder on June 4, 2014, as Document No. 2014134795. “Original Development Agreement, as Amended” means the Original Agreement, as amended by the First Amendment. “Payment Request” means a written request submitted to the City by the Developer in substantially the form and containing the information prescribed by Exhibit B to this Agreement. “Plans” means the plans, specifications, schedules and related construction contracts for the Authorized Facilities and/or any Discrete Components thereof approved pursuant to the applicable standards of the City or other public entity or public utility that will own, operate or maintain a prescribed portion of the Authorized Facilities when completed and acquired. “Project” means the land development project which the Developer intends to implement on the Property in phases as described in the Development Agreement. “Property” means the land described in Exhibit A to the Original Development Agreement. “Purchase Price” means the amount payable by the City to the Developer for an Authorized Facility and/or any Discrete Component thereof determined in accordance with this Agreement. “Rate and Method” means the rate and method of apportionment of the Special Tax, established pursuant to the Act and pertaining to that portion of the Property situated within a given Improvement Area, as set forth in Exhibits B through F, inclusive, of the Resolution of Formation, said Exhibits B through F corresponding to the proposed Improvement Areas No. 1 through 5, respectively. “Remainder Taxes” means, for an Improvement Area, the amount of Special Taxes levied and collected for a given Fiscal Year, determined as of September 15 following the June 30 conclusion of the Fiscal Year, which exceeds the total of the amounts included in the Special Tax Requirement for such Fiscal Year on account of (a) Bond principal and/or interest payable during the calendar year which began during such Fiscal Year, (b) replenishing the reserve fund for the Bonds as required by the applicable Fiscal Agent Agreement and (c) administrative expenses. “Remaining Facilities Amount” means the amount of prepaid special taxes received by the City as part of a prepayment of Special Taxes on account of Remaining Facilities Costs, as determined in accordance with Section I of the applicable Rate and Method. “Resolution of Formation” means Resolution No. 96-15, adopted by the City Council on June 2, 2015, by which the CFD was established. “Second Amendment” means that certain agreement entered into between the City and the Developer, made and entered into on February 9, 2016, and recorded in the official records 8.1.f Packet Pg. 411 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 8 2678014.4 of the County Recorder on March 8, 2016, as Document No. 2016056821, which amends the Original Development Agreement, as Amended. “Special Tax” shall have the meaning ascribed to it in Recital J herein. “Special Tax Requirement” shall have the meaning ascribed to it in the applicable Rate and Method. “State” means the State of California. “Transferee” shall have the meaning ascribed to it in Section 10(b)(iv) herein. AGREEMENT In consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the sufficiency of which is hereby acknowledged, the City and the Developer agree as follows: 1. Recitals; Applicability. a. Recitals. The City and the Developer represent and warrant, each to the other, that the above recitals, as applicable to each, are true and correct. b. Applicability. This Agreement applies to the CFD, including Improvement Area No. 1 and, upon the annexation of a portion of the Future Annexation Area to the CFD, to the annexed portion of the Future Annexation Area (and any Improvement Area in which the annexed property is designated), without the necessity of any amendment of this Agreement or the execution of any additional such agreement pertaining to the annexed portion. 2. Sale of Bonds. a. City Proceedings. From time to time and in consultation with the Developer, the City shall conduct all necessary proceedings under the Act for the issuance, sale and delivery of one or more series of Bonds; provided that such proceedings and the principal amount, rates, terms and conditions and timing of the sale of each series of Bonds shall be in all respects subject to the final approval of the City Council. Nothing herein shall be construed as modifying the provisions of the Development Agreement in general and of Exhibit G to the Development Agreement in particular with respect to the establishment of the CFD, the issuance, sale and delivery of Bonds and the application of the Net Proceeds and the proceeds of Special Taxes to finance Authorized Facilities, Discrete Components or Authorized Fees. In the event of any conflict between the provisions of the Development Agreement (including Exhibit G thereto) and the provisions of this Agreement, the provisions of the Development Agreement shall prevail and govern. b. Principal Amount. The maximum principal amount of the Bonds that is authorized for the CFD is $150,000,000. The City can provide no assurances that it will be able to issue or sell the entire authorized principal amount of the Bonds. 8.1.f Packet Pg. 412 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 9 2678014.4 3. Use of Financing Proceeds. a. Prepayments. The proceeds of any prepayments of Special Taxes shall be administered as provided in the applicable Rate and Method. Without limiting the generality of the foregoing, the portion of any prepayment representing the “Remaining Facilities Amount” shall be deposited in the Improvement Fund for payment when due under this Agreement of the costs of acquisition of Authorized Facilities and Discrete Components thereof or for the financing of Authorized Fees. In the event that proceeds of prepayments of Special Taxes are received by the City prior to issuance of Bonds, the City shall establish and maintain an Improvement Fund for the applicable Improvement Area. Following issuance of Bonds, the City shall transfer any balance in the Improvement Fund to the Fiscal Agent for deposit into the Improvement Fund to be established pursuant to the applicable Fiscal Agent Agreement. Amounts deposited into any Improvement Fund held by the City prior to Bond issuance shall be withdrawn therefrom, in accordance with the provisions of this Agreement and the Development Agreement, for payment of any amounts payable to the Developer (as defined herein to include transferees of the Developer) under the terms of this Agreement on account of costs of acquisition of Authorized Facilities and Discrete Components thereof or for the financing of Authorized Fees. b. Bond Proceeds. The proceeds of each series of Bonds shall be deposited, held, invested, reinvested and disbursed as provided in the applicable Fiscal Agent Agreement. The Net Proceeds of each series of Bonds shall be set aside under the applicable Fiscal Agent Agreement in the Improvement Fund. For each Improvement Area, moneys in the Improvement Fund shall be withdrawn therefrom, in accordance with the provisions of the applicable Fiscal Agent Agreement and this Agreement, for payment of all or a portion of the costs of acquisition of Authorized Facilities and Discrete Components thereof or for the financing of Authorized Fees. The City makes no warranty, express or implied, that the Net Proceeds of the Bonds deposited and held in the Improvement Fund, along with other Funding Sources, will be sufficient for payment of the Purchase Price of all of the Authorized Facilitie s and for financing all of the Authorized Fees. The Developer agrees that the City shall direct the investment of the funds on deposit in the funds and accounts established by or pursuant to the Fiscal Agent Agreement, including the Improvement Fund, and that the Developer has no right whatsoever to direct investments under the Fiscal Agent Agreement. The City shall have no responsibility whatsoever to the Developer with respect to any investment of funds under the Fiscal Agent Agreement, including any loss of all or a portion of the principal invested or any penalty for liquidation of an investment. Any such loss may diminish the amounts available in the Improvement Fund to pay the Purchase Price of Authorized Facilities or Discrete Components and to finance Authorized Fees hereunder. The Developer further acknowledges that the obligation of any owner of real property in the CFD, including the Developer to the extent it owns any real property in the CFD, to pay Special Taxes is not in any way dependent on (i) the availability of amounts in the Improvement Fund to pay for all or any portion of the Authorized Facilities or Discrete Components thereof or to finance Authorized Fees hereunder, or (ii) the alleged or actual misconduct of the City in the performance of its obligations under this Agreement, the Fiscal Agent Agreement, any subdivision agreement or amendment thereto or any other agreement to which the Developer and the City are signatories. 8.1.f Packet Pg. 413 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 10 2678014.4 The Developer acknowledges that any lack of availability of amounts in the applicable Improvement Fund to pay the Purchase Price of Authorized Facilities or any Discrete Components thereof or to finance Authorized Fees shall in no way diminish any obligation of the Developer with respect to the construction of or contributions for public facilities or the payment of fees required by the Conditions of Approval. 4. Special Taxes. The City shall levy and collect Special Taxes on all taxable property within each applicable Improvement Area as provided by the applicable Rate and Method. The proceeds of such Special Taxes levied and collected prior to issuance of Bonds shall be administered by the City in accordance with the applicable Rate and Method and this Agreement, and, following the issuance of Bonds, the proceeds of such Special Taxes shall be administered by the City as provided in this Agreement and the Fiscal Agent Agreement. Without limiting the generality of the foregoing, the City shall deposit any Remainder Taxes received prior to Bond issuance in an Improvement Fund to be established, maintained and administered by the City and applied in the same manner as prescribed by Section 3(a) above with respect to Remaining Facilities Amounts. Following Bond issuance, the City shall transmit any Remainder Taxes to the Fiscal Agent for deposit into the Improvement Fund established under the applicable Fiscal Agent Agreement. 5. Construction of the Facilities. a. Plans. The Developer represents that it has obtained or will obtain approval of the Plans from all appropriate departments of the City, from any other applicable public entity or public utility which will become the owner of any Authorized Facilities or Discrete Components and from any other public entity having jurisdiction with respect to approval of Plans for any Authorized Facility or Discrete Component. The Developer further represents that the Authorized Facilities have been or will be constructed in full compliance with such Plans and any change orders thereto, as approved in the same manner. Copies of all Plans shall be provided by the Developer to the Director of Public Works. b. Duty of Developer to Construct Authorized Facilities and to Pay Authorized Fees. All Authorized Facilities to be acquired hereunder shall be constructed by or at the direction of the Developer in accordance with the approved Plans and the Conditions of Approval, and all Authorized Fees shall be paid by the Developer when due. The Developer shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Authorized Facilities in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their best efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall employ, or cause to be employed, at all times adequate staff or consultants, with the requisite experience necessary (i) to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the Authorized Facilities and (ii) to determine the Actual Cost of Authorized Facilities and/or Discrete Components and the amount of Authorized Fees that have been paid and (iii) to then prepare and submit Payment Requests hereunder. The Developer shall be obligated: (i) to construct with its own funds, or cause to e constructed, and cause conveyance to the City or other applicable public entity or public utility all Authorized Facilities (including Discrete Components thereof) and (ii) to pay, or cause to be 8.1.f Packet Pg. 414 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 11 2678014.4 paid, the Authorized Fees, both in accordance with the Conditions of Approval and the Developer’s timing of development of the Property, subject to seeking recoupment of the Purchase Price of the Authorized Facilities and the Authorized Fees from available Funding Sources by the submission of Payment Requests as provided in this Agreement. The Developer shall not be relieved of its obligation to construct, or cause to be constructed, each Authorized Facility (including Discrete Components thereof) and convey, or cause to be conveyed, each such Authorized Facility to the City or other applicable public entity or public utility in accordance with the terms hereof, even if there are insufficient Funding Sources at the time to pay the Purchase Price thereof, and, in any event, this Agreement shall not affect any obligation of any owner of land in the CFD under any Conditions of Approval or any governmental approval to which any portion of the Property is subject, with respect to the public improvements required in connection with the development of the Property. c. Prevailing Wages. The Developer covenants that, with respect to any contracts or subcontracts for the construction of the Authorized Facilities, it will assure complete compliance with State law pertaining to the payment of prevailing wages for such construction. d. Relationship to Public Works. This Agreement is for the acquisition of the Authorized Facilities or Discrete Components thereof and for the financing of Authorized Fees by the City from Funding Sources and is not intended to be a public works contract. The City and the Developer agree that the Authorized Facilities are of local, and not state-wide concern, and that the provisions of the California Public Contracts Code shall not apply to the construction of the Authorized Facilities. The City and the Developer agree that this Agreement is necessary to assure the timely and satisfactory completion of the Authorized Facilities and that compliance with the Public Contracts Code with respect to the Authorized Facilities would work an incongruity and would not produce an advantage to the City. Notwithstanding the foregoing, the Developer shall solicit at least three (3) competitive bids for each contract for construction of Authorized Facilities and award all contracts for construction of the Authorized Facilities (including any Discrete Components thereof), in each case consistent with the Plans and the Conditions of Approval, to the lowest responsible bidder among the competitive bids received. e. Performance and Payment Bonds. The Developer agrees to comply with all applicable performance and payment bonding requirements of the City (and other applicable public entities or public utilities) with respect to the construction of the Authorized Facilities. All contractors and/or subcontractors employed by the Developer in connection with construction of the Authorized Facilities shall provide a labor and materials bond and a performance bond that names the City as an additional insured. f. Contracts and Change Orders. The Developer shall be responsible for entering into all contracts and any change orders required for the construction of the Authorized Facilities. All such contracts and change orders shall be submitted to the Director of Public Works for review and approval as to cost and quantity and quality of work. g. Independent Contractor. In performing this Agreement, the Developer is an independent contractor and not the agent or employee of the City. The City shall not be responsible for making any payments to any contractor, subcontractor, agent, employee or supplier of the Developer. 8.1.f Packet Pg. 415 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 12 2678014.4 h. Periodic Meetings. From time to time at the request of the Director of Public Works, representatives of the Developer shall meet and confer with City staff, consultants and contractors regarding matters arising hereunder with respect to the Authorized Facilities and the progress in constructing and acquiring the same, and as to any other matter related to the Authorized Facilities or this Agreement. The Developer shall advise the Director of Public Works in advance of any coordination and scheduling meetings to be held with contractors relating to the Authorized Facilities, in the ordinary course of performance of an individual contract. The Director of Public Works or his/her designated representative shall have the right to be present at such meetings, and to meet and confer with individual contractors if deemed advisable by the Director of Public Works to resolve disputes and/or ensure the proper completion of the Authorized Facilities or Discrete Components. 6. Payment for the Facilities. The Developer hereby agrees to sell the Authorized Facilities to the City or other applicable public entity or public utility, and the City hereby agrees to use Funding Sources, as available from time to time, to pay the Purchase Price thereof to the Developer, subject to the terms and conditions hereof. a. Inspection. No payment hereunder shall be made by the City to the Developer for an Authorized Facility or Discrete Component thereof until the Authorized Facility or Discrete Component thereof has been inspected by the City or other applicable public entity or public utility and found to be constructed in accordance with the approved Plans. For Authorized Facilities to be acquired by the City, the Developer shall request inspection using applicable City procedures. For Authorized Facilities to be acquired by other public entities or utilities, the Developer shall be responsible for obtaining such inspections and providing written evidence thereof to the Director of Public Works. The Developer agrees to pay all inspection, permit and other similar fees of the City applicable to construction of the Authorized Facilities, and such fees are subject to reimbursement under this Agreement as part of the Actual Cost of the Authorized Facilities. b. Request for Payment. Any request for payment hereunder by the Developer shall be in a form substantially similar to the form attached to this Agreement as Exhibit B and shall include such supporting documentation to substantiate such request as the City may require. For any request for payment, the following shall apply: (i) Substantiation of Actual Costs. The Developer shall provide documentation satisfactory to the Director of Public Works to substantiate the Actual Cost of the Authorized Facilities and to determine that the Authorized Facilities are consistent with the approved Plans. With respect to a Payment Request pertaining to financing of Authorized Fees, the documentation shall demonstrate that such Authorized Fees have been paid by the Developer. There shall be a presumption of reasonableness as to costs incurred under a construction contract (or change order) entered into as a result of a call for bids by the Developer (or similar procedure approved by the Director of Public Works), provided that no extraordinary lim itations or requirements (such as a short time frame) are imposed by the Developer on the performance of such contracts. For any Authorized Facility to be acquired by a public entity or utility other than the City, the Developer shall provide written evidence of the approval of such cost substantiation and approval of such Authorized Facility from such entity or utility when requesting payment. (ii) Payment of Claims. In order to receive the Purchase Price for a completed Authorized Facility or Discrete Component, inspection thereof under Section 6(a) shall 8.1.f Packet Pg. 416 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 13 2678014.4 have been made and the Developer shall deliver to the Director of Public Works: (A) a payment request for such Authorized Facility or Discrete Component, together with all supporting documentation required by this Agreement to be included therewith, and (B) if payment is requested for a completed Authorized Facility, (1) if the property on which the Authorized Facility is located is not owned by the City (or other applicable public entity that will own the Authorized Facility) at the time of the request, a copy of the recorded documents conveying to the City (or other applicable public entity or public utility that will own the Authorized Facility) title to the real property on, in or over which such Authorized Facility is located, as described in Section 7 hereof, (2) a copy of the recorded notice of completion of such Authorized Facility (for an Authorized Facility or the final Discrete Component only, if applicable), (3) to the extent paid for with the proceeds of the Bonds or the proceeds of Special Taxes, an assignment to the City for the benefit of the CFD of any reimbursements that may be payable with respect to the Authorized Facility, such as public utility reimbursements, and (4) an assignment of the warranties and guaranties for such Authorized Facility, as described in Section 7 hereof, in a form acceptable to the City. c. Conditions for Acceptance. The City shall not be obligated to pay the Purchase Price of any Authorized Facility or Discrete Component until the Authorized Facility or Discrete Component is constructed and the processing requirements of this Section 6 for such Authorized Facility or Discrete Component have been satisfied. The Developer acknowledges that the Discrete Components have been identified for payment purposes only, and that the City shall not accept an Authorized Facility of which a Discrete Component is a part until the entire Authorized Facility has been completed. The City acknowledges that the Discrete Components do not have to be accepted by the City as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until the Discrete Component has been constructed in accordance with the Plans therefor, as determined by the Director of Public Works. In any event, the City shall not be obligated to pay the Purchase Price for any Authorized Facility or Discrete Component except from the Funding Sources. d. Purchase Price. The Purchase Price shall be based upon Actual Cost, as evidenced by documentation provided by the Developer and submitted to the Director of Public Works. The Purchase Price paid hereunder for any Authorized Facility or Discrete Component thereof may be paid in any number of installments as Funding Sources become available. e. Payments to the Developer. The Developer may request in writing a payment of the Purchase Price of any Authorized Facility or Discrete Component thereof as described in Exhibit A hereto subject to the following: (i) Compliance with Conditions. The Developer shall first comply with Subsections 6 (a) through (c) above and shall have demonstrated the ability to comply with Section 7 below, all to the satisfaction of the Director of Public Works. (ii) Source of Payments. The City and the Developer expect the Purchase Price, in some cases, may be paid partially from Bond proceeds and partially from other available Funding Sources. (iii) Retainage. From each payment requested, a 5% retainage shall be held by the City in the Improvement Fund for the cost of any Authorized Facility or Discrete Component thereof being acquired by the City pending final completion and acceptance of the related Authorized Facility or Discrete Component thereof. Any such retention will 8.1.f Packet Pg. 417 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 14 2678014.4 be released to the Developer upon final completion and acceptance of the related Authorized Facility and the expiration of a maintenance period consistent with applicable City policy thereafter. However, no such retainage shall be required if the Developer provides a completion bond that is satisfactory to the City for this purpose. Unless otherwise provided in writing, there shall be no such retainage required for Authorized Facilities or Discrete Components thereof to be acquired by other public entities or public utilities. In lieu of such retainage, the Developer shall at any time have the option of providing the City with either a completion bond, letter of credit or other guaranty in form and substance satisfactory to the Director of Public Works, upon receipt of wh ich the City shall promptly release such retainage. As of the Acceptance Date of an Authorized Facility or the inspection and approval of a Discrete Component, the completion bond provided by the Developer for such Authorized Facility or Discrete Component shall be reduced in accordance with the City’s standard requirements for subdivision improvements and, if applicable, shall serve as a completion bond to guarantee that such Authorized Facility or Discrete Component will be free from defects due to faulty workmanship or materials for the period required by the City’s standard requirements for subdivision improvements, or the Developer may elect to provide a new completion bond in such an amount. As of the Acceptance Date of an Authorized Facility, the Developer shall provide a completion bond to guarantee that such Authorized Facility will be free from defects due to faulty workmanship or materials for the period required by the City’s standard requirements for subdivision improvements, which completion bond shall be in the amount required by the City’s standard requirements for subdivision improvements. (iv) Requests for Payment. Any Payment Request shall be submitted by the Developer to the Director of Public Works in the form attached to this Agreement as Exhibit B, accompanied by the supporting documentation herein specified. Within 10 business days following receipt of a Payment Request, the Director of Public Works shall review such request and advise the Developer in writing whether the Payment Request is deemed complete. In the event that the Payment Request is deemed incomplete, the Director of Public Works shall advise the Developer as to what is missing, and no further action with respect to the Payment Request shall be required until the Dire ctor of Public Works deems the submission complete. In the event that the Payment Request is deemed complete, the Director of Public Works shall advise the Developer in writing, within 10 business days following such determination, whether the Payment Req uest is approved or denied, in whole or in part, and in the case of denial setting forth the reasons for denial. The Developer shall be entitled to resubmit any request or portion thereof which is deemed incomplete or which is denied if it is able to address the reasons for the incompleteness or denial. Failure of the Director of Public Works to deny any request within the stated period of 10 business days following the determination that the Payment Request is complete shall constitute approval of the request. (v) Payment by the City. The City shall cause payment to be made to the Developer pursuant to the applicable provisions of this Agreement and the Fiscal Agent Agreement within 30 calendar days of either (a) approval of a Payment Request or (b) receipt of any completed Payment Request that is not denied. The City may make any payment on a Payment Request jointly to the Developer and any mortgagee or trust deed beneficiary, contractor or supplier of materials, as their interests may appear, or solely to any such third party, if the Developer so requests the same in writing or as the City otherwise determines such joint or third party payment is necessary to obtain lien 8.1.f Packet Pg. 418 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 15 2678014.4 releases. If there are insufficient Funding Sources to pay the full amount of an app roved Payment Request, then the City shall pay as much of the amount on the Payment Request as there are Funding Sources available, and the payment of the balance of the Payment Request shall be deferred until there are sufficient Funding Sources available to the remaining balance of the Payment Request. Promptly following the availability of Funding Sources, the City shall, from time to time and in as many installments as necessary, pay the remaining balance of the Payment Request. Payment Requests may be paid (i) in any number of installments as Funding Sources become available and (ii) irrespective of the length of time of such deferral of payment. (vi) Allocation of Costs. If Developer incurs costs that (1) apply to more than one Authorized Facility or Discrete Component (e.g., soft costs) or (2) apply to both Authorized Facilities or Discrete Components and improvements other than the Authorized Facilities or Discrete Components (e.g., grading), Developer shall allocate, or cause the contractor to reasonably allocate, such costs between the Authorized Facilities or Discrete Components (in the case of clause (1)) or between the Authorized Facilities or Discrete Components and the improvements other than the Authorized Facilities or Discrete Components (in the case of clause (2)) (the “Developer Allocation”). The Developer Allocation shall be presumed to be reasonable and shall be accepted for all purposes of this Agreement unless the City notifies Developer of its good-faith reasonable disapproval of the allocation within ten (10) business days of submittal of the payment request. If the City has properly disapproved the Developer Allocation, then the City and Developer shall promptly allocate such costs, on a reasonable basis, between the Authorized Facilities or Discrete Components (in the case of clause (1)) or between the Authorized Facilities or Discrete Components and the improvements other than the Authorized Facilities or Discrete Components (in the case of clause (2)) (the “Agreed-Upon Allocation”). Based on the Developer Allocation or the Agreed-Upon Allocation, if applicable, the City shall include the costs allocated to a specific Authorized Facility or Discrete Component as part of the Actual Costs of such Authorized Facility or Discrete Component when such Authorized Facility or Discrete Component is subject to a payment request. (vii) Expectations of the Parties. The Developer and the City understand and agree that (i) the Developer will be constructing Authorized Facilities or Discrete Components prior to the availability of Funding Sources that will be used to pay for such Authorized Facilities or Discrete Components, (ii) the City or the other public entities or public utilities that will own and operate such Authorized Facilities or Discrete Components may be inspecting such Authorized Facilities or Discrete Components and processing and completing payment requests for the payment on such Authorized Facilities or Discrete Components with knowledge that there may be insufficient Funding Sources available at such time, (iii) the Authorized Facilities or Discrete Components may be conveyed to and accepted by the City or other public entity or public utility that will own and operate such Authorized Facilities or Discrete Components when t here are insufficient Funding Sources to pay the Purchase Price of such Authorized Facilities or Discrete Components, and (iv) in any such case, the payment of any approved payment requests for the Purchase Price of such Authorized Facilities or Discrete Components will be deferred until there are sufficient Funding Sources available to pay the Purchase Price of such Authorized Facilities or Discrete Components, at which time the City will make such payments in accordance with this Agreement. At all times, the Developer will be constructing such Authorized Facilities or Discrete Components with the expectation that the Purchase Price for such Authorized Facilities or Discrete Components will be 8.1.f Packet Pg. 419 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 16 2678014.4 paid from the Funding Sources. The conveyance of Authorized Facilities or Discrete Components to the City or other applicable public entity or public utility that will own and operate such Authorized Facilities or Discrete Components prior to receipt of the Purchase Price for such Authorized Facilities or Discrete Components shall not be construed as a gift or a waiver of the payment of the Purchase Price, or any part thereof, for such Authorized Facilities or Discrete Components. 7. Ownership and Transfer of the Authorized Facilities; Maintenance; Warranties. Any of the Authorized Facilities to be owned by public entities or public utilities other than the City shall be conveyed in accordance with the entity’s or utility’s policies and procedures. For the Authorized Facilities to be owned by the City, the following applies: a. Land. For purposes of this Agreement, the term “Land” includes fee simple title or such lesser interests (including easement and/or rights of way or an irrevocable offer of dedication of the real property with interests therein) as are required and approved by the City and are included in the description of the Authorized Facilities to be acquired. The Developer agrees to cause the owners of real property in the CFD to execute and deliver to the City such documents as are required to complete the transfer of Land, free and clear of all liens, taxes, assessments, easements, leases, or other encumbrances (whether recorded or not), except for those which the Director of Public Works determines in writing will not interfere with the intended use of the Land or related Authorized Facilities. If the Land is within the boundaries of any existing community facilities district (including the CFD), an assessment district, or other financing district, then the lien of the special taxes or assessments shall be a permitted exception to title so long as the Land, while owned by the City or other public entity, is exempt from the special tax, assessments or similar exactions of any other financing district. Completion of the transfer of title to Land shall be evidenced by recordation of the acceptance of thereof by the City Council or the designee thereof. b. Authorized Facilities Constructed on Private Land. If Authorized Facilities to be acquired are located on privately-owned Land, the owner thereof shall retain title to the Land and the completed Authorized Facilities until acquisition under Subsection 7(a) above, which shall apply to such transfer. Pending the completion of such transfer and where the Developer has received any payment for such Authorized Facilities, the Developer shall be responsible for maintaining the land and any Authorized Facilities in good and safe condition. c. Authorized Facilities Constructed on City Land. If the Authorized Facilities to be acquired are on land owned by the City, the City hereby grants to the Developer a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of the Authorized Facilities. The provisions for inspection and acceptance of such Authorized Facilities otherwise provided herein shall apply. d. Warranties; Maintenance. The Developer shall maintain each Discrete Component in good and safe condition until the date of acceptance of the Authorized Facility of which such Discrete Component is a part. Prior to the Acceptance Date, the Developer shall be responsible for performing any required maintenance on any completed Discrete Component or Authorized Facility. On or before the Acceptance Date, the Developer shall assign to the City all of th e Developer’s rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to such Authorized Facility. The Developer shall maintain or cause to be maintained each Authorized Facility to be owned by the City 8.1.f Packet Pg. 420 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 17 2678014.4 (including the repair or replacement thereof) for a period of one year from the Acceptance Date thereof, or, alternatively, shall provide a bond reasonably acceptable in form and substance to the Director of Public Works for such period and for such purpose, to insure that defects, which appear within said period will be repaired, replaced, or corrected by the Developer, at its own cost and expense, to the satisfaction of the Director of Public Works. During any such one -year period, the Developer shall commence to repair, replace or correct any such defects within 30 days after written notice thereof by the City to the Developer, and shall complete such repairs, replacement or correction as soon as practicable. After such one-year period, the City shall be responsible for maintaining such Authorized Facility. Any warranties, guarantees or other evidences of contingent obligations of third persons with respect to the Authorized Facilities to be acquired by the City shall be delivered to the Director of Public Works as part of the transfer of title. For purposes of this Section 7, after the City has accepted an Authorized Facility, the terms “maintain” and “maintenance” mean the repair, replacement, or correction of any defects in the Authorized Facility or Discrete Component, and shall not mean the day-to-day upkeep or correction of normal wear and tear of the Authorized Facility or Discrete Component (such as watering or weeding for landscape improvements, painting, graffiti removal, etc.). 8. Limitation of Liability; Excess Costs; Surplus in the Improvement Fund. The Developer agrees that any and all obligations of the City arising out of or related to this Agreement are special and limited obligations of the City and the City’s obligations to make any payments hereunder are restricted entirely to the Funding Sources and shall not extend to any other source. The Developer agrees to pay all costs of the Authorized Facilities it is constructing that are in excess of the Funding Sources. No City Council member, City staff member, employee or agent shall incur any liability hereunder to the Developer or any other party in their individual capacities by reason of their actions hereunder or execution hereof. If the construction and acquisition of all the Authorized Facilities listed on Exhibit A have been completed and the Purchase Price (including any retentions described above) with respect thereto has been paid, and Funding Sources remain or become available through, among other things, the issuance of additional Bonds, the City and the Developer may designate in a supplement hereto, Authorized Facilities (and/or Discrete Components thereof) to be constructed and acquired with such remaining or additional Funding Sources to be selected from the list of Authorized Facilities; provided, however, the City shall determine the use of such funds consistent with the terms of the Fiscal Agent Agreement. If the City and the Developer do not so designate another use in a supplement hereto, the Funding Sources will be used to redeem Bonds. 9. Indemnification and Hold Harmless. The Developer shall take and assume all responsibility for the work performed as part of the Authorized Facilities constructed pursuant to this Agreement until the acceptance by the City of the respective Authorized Facilities occurs. The Developer shall assume the defense of and indemnify and save harmless the City and the City’s consultants, Councilmembers, officers, employees and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from any breach by the Developer of this Agreement, the performance of the work covered by this Agreement, from the Developer’s or any other entity’s negligent design, engineering and/or construction of any of the Authorized Facilities acquired from the Developer hereunder, the Developer’s non-payment under contracts between the Developer and its consultants, engineer’s, advisors, contractors, subcontractors and suppliers in 8.1.f Packet Pg. 421 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 18 2678014.4 the provision of the Authorized Facilities, or any claims of persons employed by the Developer or its agents to construct the Authorized Facilities, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from any breach by the Developer of this Agreement or the nature of the work covered by this Agreement, to the fullest extent permitted by law. In accordance with Civil Code section 2782, nothing in this Section shall require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the active or sole negligence or willful misconduct of the City, and its consultants, and its Councilmembers, agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Section 9 shall apply to impose on the Developer, or to relieve the City from, liability for active negligence of the City, or its consultants as delineated in Civil Code Section 2782. Any relief for determining the City’s sole or active negligence shall be determined by a court of law. The City does not, and shall not, waive any rights against the Developer which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with the City by the Developer of any insurance policies required by the City. The hold harmless agreement by the Developer set forth in this Section 9 shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of the Developer, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City, or its representatives in processing or accepting any Plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the Developer or anyone else from any legal responsibility, obligation or liability it might otherwise have. 10. Representations and Covenants of the Developer. a. Representations of the Developer. The Developer represents and warrants for the benefit of the City as follows: (i) Organization. The Developer is a limited liability company duly organized and validly existing under the laws of the State of Delaware, is in compliance with all applicable laws of the State of California, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. (ii) Authority. The Developer has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered by the Developer. (iii) Binding Obligation. This Agreement is a legal, valid and binding obligation of the Developer, enforceable against the Developer in accordance with its terms, subject to bankruptcy and other equitable principles. (iv) Requests for Payment. The Developer represents and warrants that (i) it will not request payment from the City for the acquisition of any improvements that are not 8.1.f Packet Pg. 422 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 19 2678014.4 part of the Authorized Facilities, and (ii) it will diligently follow all procedures set forth in this Agreement with respect to the Payment Requests. (v) Plans. The Developer represents that it has obtained or will obtain approval of the Plans for the Authorized Facilities to be acquired from the Developer hereunder from all appropriate departments of the City. The Developer further agrees that the Authorized Facilities to be acquired from the Developer hereunder have been or will be constructed in full compliance with such approved plans and specifications and any supplemental agreements (change orders) thereto, as approved in the same manner. b. Covenants of the Developer. The Developer covenants for the benefit of the City as follows: (i) Financial Records. Until the final acceptance of the Authorized Facilities, the Developer covenants to maintain proper books of record and account for the construction of the Authorized Facilities and all costs related thereto. Such accounting books shall be maintained in accordance with generally accepted accounting principles, and shall be available for inspection by the City or its agent at any reasonable time during regular business hours on reasonable notice. (ii) Prevailing Wages. The Developer covenants that, with respect to any contracts or subcontracts for the construction of the Authorized Facilities to be acquired from the Developer hereunder, it will assure complete compliance with State law pertaining to the payment of prevailing wages under the California Labor Code, including any and all reporting requirements. (iii) Compliance with Laws. The Developer shall not with knowledge commit, suffer or permit any act to be done in, upon or to the Property or the Authorized Facilities in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Property or the Authorized Facilities. (iv) Transfers of Ownership of any Portion of the Property. The Developer agrees that in the event that it sells or otherwise transfers ownership of any of the Property to another party (in each case, a “Transferee”), pursuant to and in accordance with the provisions of Section 20 of the Development Agreement, the Developer will (i) notify the City in writing within 30 calendar days of the transfer, identifying the legal name of and mailing address for the Transferee, the applicable County Assessor’s parcel number or numbers for and the acreage of the portion of the Property transferred, (ii) notify the Transferee in writing prior to the closing of any such transfer of the existence of the Development Agreement and this Agreement and, in general, the Developer’s rights and obligations under the Development Agreement and hereunder with respect to the construction of and payment for the Authorized Facilities and the requirement of written approval from the City Manager to any assignment to the Transferee of the Developer’s rights and obligations under the Development Agreement, (iii) require such Transferee to comply with the obligation for continuing disclosure to the extent provided by the Continuing Disclosure Undertaking and (iv) notify the Transferee in writing of the existence of the CFD and the foreclosable special tax lien to enforce the Special Tax payment obligation, and otherwise comply with any applicable provision of Section 53341.5 of the Act. 8.1.f Packet Pg. 423 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 20 2678014.4 (v) Additional Information. The Developer agrees to cooperate with all reasonable written requests for nonproprietary information by the City related to the status of construction of improvements within the CFD and the anticipated completion dates for future improvements. (vi) Disclosure in Connection with Bond Issuance; Continuing Disclosure. The Developer agrees to provide such information about its development, its financing plan and such other matters as may reasonably be requested by the City, the City’s bond counsel, the City’s disclosure counsel or the City’s bond underwriter for the preparation and dissemination of an official statement pertaining to any series of Bonds. The Developer agrees to comply with all of its obligations under the Continuing Disclosure Undertaking. (vii) Compliance With Applicable Law. The Developer accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the Authorized Facilities and the contract or contracts pertaining thereto, including but not limited to such applicable laws as may be contained in the California Labor Code, the California Public Contract Code, and the California Government Code. The Developer will neither seek to hold or hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Developer to correctly determine the applicability of any such requirements to any contract it enters into. This paragraph shall apply with respect to any enforcement action, whether public or private, and whether brought by a public enforcement agency or by private civil litigation, against the Developer, the City or the CFD, or any of them, with respect to the matters addressed by this paragraph. 11. Limitation. Nothing in this Agreement shall be construed as affecting the Developer’s or the City’s duty to perform their respective obligations under any other agreements, land use regulations, or subdivision requirements related to the Property, which obligations (if any) are and shall remain independent of the Developer’s and the City’s right and obligations under this Agreement. 12. Cooperation. The City and Developer agree to cooperate with respect to the completion of the financing of the Authorized Facilities through the levy of Special Taxes and issuance of one or more series of Bonds, as set forth in the Development Agreement and this Agreement. The City and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by the Development Agreement or this Agreement. 13. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers, or agents shall be deemed to require that the consent, approval, or acceptance not be unreasonably withheld or delayed, unless the provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in this Agreement which provide for decisions to be in the sole discretion of the party making the decision. 14. Audit. The Director of Public Works shall have the right, during normal business hours and upon the giving of ten days written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer in 8.1.f Packet Pg. 424 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 21 2678014.4 constructing any of the Authorized Facilities and any bids taken or received for the construction thereof or materials therefor. 15. Attorney’s Fees. In the event of the bringing of any action or suit by either party against the other arising out of this Agreement, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys’ fees. 16. Notices. Any notice, payment or instrument required or permitted by this Agreement to be give or delivered to either party shall be deemed to have been received when personally delivered or one week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: Developer: Dublin Crossing LLC 500 La Gonda Way, Suite 100 Danville, CA 94526 Attn: Project Manager City: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: City Manager Each party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other party. 17. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 18. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement may not be assigned by the Developer without the prior written consent of the City, set forth in an assignment agreement required by Section 20 of the Development Agreement, which consent shall not be unreasonably withheld or delayed. In connection with any such consent of the City, the City may condition its consent upon the acceptability of the financial condition of the proposed assignee and upon any other factor which the City deems relevant in the circumstances. 19. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party‘s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 20. Merger. No other agreement, statement or promise made by any party or any employee, officer or agent of any party with respect to any matters covered hereby that is not in writing and signed by all the parties to this Agreement shall be binding. 21. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 8.1.f Packet Pg. 425 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 22 2678014.4 22. Amendments. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 23. Governing Law. The provisions of this Agreement shall be governed by the laws of the State. SIGNATURES ON FOLLOWING PAGE 8.1.f Packet Pg. 426 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f 23 2678014.4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first-above written. CITY OF DUBLIN DUBLIN CROSSING LLC, a Delaware limited liability company By:________________________________ By: BrookCal Dublin LLC, City Manager a Delaware limited liability company Its: Member ATTEST: By: ___________________________ (Signature) _________________________________ City Clerk ___________________________ (Print Name) APPROVED AS TO FORM: ___________________________ (Title) _________________________________ By: ___________________________ City Attorney (Signature) ___________________________ (Print Name) ___________________________ (Title) By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., A Delaware corporation Its: Member By: _______________________ (Signature) _______________________ (Print Name) _______________________ (Title) By: ________________________ (Signature) ________________________ (Print Name) ________________________ (Title) 8.1.f Packet Pg. 427 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f B -1 A-1 EXHIBIT A AUTHORIZED FACILITIES AND AUTHORIZED FEES A. City Public Capital Improvements 1. Backbone Storm Drainage 2. Backbone Street Improvements 3. Master Landscaping, Fencing and Signage on Public Property, Including Public Easements and Rights-of-Way B. City-Imposed Impact Fees 1. Fire Impact Fees 2. Freeway Interchange Fees 3. Public Art In-Lieu Fees 4. Residential Traffic Impact Fees – Eastern Dublin Fee 5. Development Agreement Fees: a. ACSPA Contribution b. Iron Horse Trail Bridge Contribution c. Park Construction Payment C. Dublin San Ramon Services District (DSRSD) 1. Capital Improvements a. Backbone Sanitary Sewer b. Backbone Domestic Water c. Backbone Reclaimed Water 2. DSRSD Impact Fees a. Water System Connection Fees b. Water Meter Assembly Fees c. Wastewater Impact Fees D. Zone 7 1. Capital Improvements a. Backbone Storm Drainage 2. Zone 7 Impact Fees a. Water Connection Fees b. Drainage Assessment Fees (Impervious Surface) 8.1.f Packet Pg. 428 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f B -2 A-2 Notwithstanding the foregoing lists on page A-1 hereof, in the event that Dublin Crossing, LLC, or any landowner of any portion of the land within CFD No. 2015-1 which is responsible for the construction of any of the listed improvements or payment of any of the listed impact fees enters into a written agreement with the City, DSRSD or Zone 7, as the case may be, to move all or any portion of any of the improvements or impact fees listed above from one category to the other, the subject improvements or impact fees shall remain eligible for financing by CFD No. 2015-1 without the requirement of City Council action to authorize such change. Without limiting the generality of the foregoing, if, for example, the City and Dublin Crossing, LLC (the “Parties”), enter into a written agreement (including but not limited to an agreement amending the Development Agreement between the Parties) pursuant to which the Parties agree that Dublin Crossing, LLC, will construct the City park referenced as Item B(5)(c) above, then that City park shall be eligible for financing by CFD No. 2015-1 as a City Public Capital Improvement. Similarly, a written agreement to add any additional improvements or impact fees to those listed shall make such improvements or impact fees eligible for financing by CFD No. 2015-1, and a written agreement to delete any improvements or impact fees from those listed shall make such improvements or impact fees ineligible for such financing, in each case without the requirement of City Council action to authorize such change. 8.1.f Packet Pg. 429 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f B-1 EXHIBIT B FORM OF PAYMENT REQUEST City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) Pursuant to the Acquisition Agreement, dated as of July 18, 2017 (the “Acquisition Ag reement”), by and between the City of Dublin (the “City”) and Dublin Crossing LLC (the “Developer”), the Developer hereby requests (a) payment of the Purchase Price of the Authorized Facilities and/or the Discrete Components described in Attachment 1 hereto or (b) reimbursement for the Authorized Fees described in Attachment 1 hereto. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Acquisition Agreement. In connection with this Payment Request, the undersigned hereby represents and warrants to the City as follows: For Authorized Facilities or Discrete Components: 1. The undersigned is an authorized representative of the Developer, qualified to execute this request for payment on behalf of the Developer and knowledgeable as to the matters set forth herein. 2. The Developer has submitted or submits herewith to the Director of Public Works as-built drawings or similar Plans for each of the Authorized Facilities and/or Discrete Components described in Attachment 1, and such drawings or Plans, as applicable, are true, correct and complete representations of the Authorized Facilities and/or Discrete Components listed in Attachment 1. 3. Each of the Authorized Facilities and Discrete Components described in Attachment 1 has been constructed in accordance with the Plans therefor, and in accordance with all applicable City standards and the requirements of the Acquisition Agreement, and the as- built drawings or similar Plans referenced in paragraph 2 above, and none of the Authorized Facilities or Discrete Components described in Attachment 1 has been the subject of any prior Payment Request. 4. The Developer has submitted or submits herewith to the Director of Public Works soils reports and certifications as appropriate with respect to each Authorized Facility or Discrete Component described in Attachment 1. 5. The true and correct Actual Cost of each of the Authorized Facilities and/or Discrete Components described in Attachment 1 is set forth in Attachment 1. 6. The Developer has submitted or submits herewith to the Director of Public Works a copy of each construction contract for each of the Authorized Facilities and/or Discrete Components described in Attachment 1, a copy of the bid notice for each such contract and a copy of each change order applicable to each such contract, together with the written approval of each such change order by the Director of Public Works of the City. 7. The Developer has submitted or submits herewith to the Director of Public Works a letter from the Developer evaluating invoices, receipts, worksheets and other evidence of costs for each of the Authorized Facilities and/or Discrete Components described in Attachment 1, 8.1.f Packet Pg. 430 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f B-2 which are in sufficient detail to allow the Director of Public Works to verify the Actual Cost of such Authorized Facilities and Discrete Components and, if any of such invoices, receipts, worksheets or other evidence of costs include costs for facilities other than such Authorized Facilities and/or Discrete Components, the Developer has submitted or submits herewith to the Director of Public Works a written description as to how the items and amounts in such invoices, receipts, worksheets and other evidence of costs have been allocated among such other Authorized Facilities and/or Discrete Components, together with evidence that such allocation is appropriate, correct and reasonable. 8. The Developer has submitted or submits herewith to the Director of Public Works evidence that each of the invoices, receipts, worksheets and other evidence of costs referred to in the preceding paragraph, has been paid in full, which evidence is in the form of copies of cancelled checks or such other form as the Director of Public Works of the City has approved in writing. 9. There has not been filed with or served upon the Developer notice of any lien, right to lien or attachment upon, or claim affecting the right to receive, the payment of the Purchase Price for each of the Authorized Facilities and/or Discrete Components described in Attachment 1 which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by operation of law. 10. The Developer has submitted or submits herewith to the Director of Public Works copies of unconditional lien releases from all contractors, subcontractors and materialmen for all work with respect to each of the Authorized Facilities and/or Discrete Components described in Attachment 1, together with the written approval of each such lien release by the City Attorney of the City. 11. The representations and warranties of the Developer set forth in Section 10(a) of the Acquisition Agreement are true and correct on and as of the date hereof with the same force and effect as if made on and as of the date hereof. 12. The Developer represents that it has satisfied the conditions specified in the Acquisition Agreement for the payment of the Purchase Price of Authorized Facilities or Discrete Components. 13. The Developer represents and warrants that, as of the date hereof, there is not present on, under or in any of the Authorized Facilities and/or Discrete Components described in Attachment 1, or any portion thereof, any hazardous materials, except for (i) any t ypes or amounts that do not require remediation or mitigation under federal, state or local laws, ordinances, regulations, rules or decisions, (ii) those that have been remediated or mitigated in full compliance with applicable federal, state or local laws, ordinances, regulations, rules or decisions, (iii) those with respect to which ongoing remediation or mitigation is being performed in full compliance with applicable federal, state or local laws, ordinances, regulations, rules or decisions, (iv) any types or amounts that do not present a human health risk or hazard to the public, and (iv) if such Authorized Facilities and/or Discrete Components described in Attachment 1 were, at the time of commencement of the acquisition, construction and installation of such Authorized Facilities and/or Discrete Components, propert y of the City and, from such time of commencement through and including the date hereof, remained property of the City, those hazardous substances that were present on, under or in such Authorized Facilities and/or Discrete Components at such time of commencement. 8.1.f Packet Pg. 431 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f B-3 For Authorized Fees: 1. The undersigned is an authorized representative of the Developer, qualified to executed this request for payment on behalf of the Developer and knowledgeable as to the matters set forth herein. 2. The identity and amount of the Authorized Fees are described in Attachment 1. 3. The Developer has submitted or submits herewith to the Director of Public Works evidence that Authorized Fees referred to in the preceding paragraph have been paid in full, which evidence is in the form of copies of cancelled checks or such other form as the Director of Public Works has approved in writing. 4. The representations and warranties of the Developer in Section 10(a) of the Acquisition Agreement are true and correct on and as of the date hereof with the same force and effect as if made on and as of the date hereof. 5. The Developer represents that it has satisfied the conditions specified in the Acquisition Agreement for the reimbursement of Authorized Fees by the City. SIGNATURES ON FOLLOWING PAGE 8.1.f Packet Pg. 432 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f B-4 I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DUBLIN CROSSING LLC, a Delaware limited liability company By:________________________________ Name: _____________________________ Title:_______________________________ By:________________________________ Name: _____________________________ Title:_______________________________ 8.1.f Packet Pg. 433 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f B -5 B-5 APPROVAL BY THE DIRECTOR OF PUBLIC WORKS I, the undersigned Director of Public Works of the City of Dublin, hereby certify as follows: (i) Dublin Crossing LLC (the “Developer”), has requested payment of the Purchase Price of the Authorized Facilities and/or the Discrete Components or reimbursement for the Authorized Fees described in Attachment 1 hereto. All references hereafter in this certification to “the Authorized Facilities and/or the Discrete Components” shall be deemed to refer to those Authorized Facilities and/or Discrete Components or those Authorized Fees described in Attachment 1 hereto. (ii) I or persons working under my supervision have confirmed that each of the Authorized Facilities and/or Discrete Components is complete in accordance with the Plans. (iii) The Developer has provided me with satisfactory documentation to demonstrate how Actual Cost for the subject Authorized Facilities and/or Discrete Components was calculated, to establish that the Authorized Facilities and Discrete Components are consistent with those presented in the documentation of Actual Cost, and to establish that the Authorized Fees described in Attachment 1 hereto, if any, have been paid by the Developer. (iv) The Actual Cost of the Authorized Facilities and Discrete Components and the amount of Authorized Fees described in Attachment 1 hereto, if any, have been reviewed, verified and approved by me or persons working under my supervision under the terms specified in Section 5 of the Acquisition Agreement. As such, Payment of the Purchase Price of each of the Authorized Facilities and/or Discrete Components and reimbursement to the Developer for the amount of Authorized Fees described in Attachment 1 hereto is hereby approved. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Acquisition Agreement, dated as of July 18, 2017 (the “Acquisition Agreement”), by and between the City of Dublin (the “City”) and the Developer. Dated: _______________________ __________________________________ Gary Huisingh Director of Public Works City of Dublin 8.1.f Packet Pg. 434 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f B -6 B-6 ATTACHMENT 1 Authorized Facility, Discrete Component or Authorized Fees Actual Cost Purchase Price Total 8.1.f Packet Pg. 435 At t a c h m e n t : 6 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a n A c q u i s i t i o n A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f RESOLUTION NO. __-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AUTHORIZING EXECUTION OF A JOINT COMMUNITY FACILITIES AGREEMENT BY AND AMONG THE CITY OF DUBLIN, ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND DUBLIN CROSSING, LLC WHEREAS, the City of Dublin (the “City”) has conducted proceedings under the Mello- Roos Community Facilities Act of 1982 to establish the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “CFD”) and to authorize the levy and collection of a special tax (the “Special Tax”) upon the taxable property in the CFD and intends to authorize the issuance and sale of taxable or tax-exempt special tax bonds of the CFD (the “Bonds”) to finance certain public capital facilities and certain capital facility impact fees; and WHEREAS, the public capital facilities authorized to be financed include certain capital facilities (the “Zone 7 Facilities”) to be owned and operated by Zone 7 of the Alameda County Flood Control and Water Conservation District (“Zone 7”), and the authorized capital facility impact fees to be financed include certain Zone 7 fees (the “Zone 7 Fees”) as described in the proposed Joint Community Facilities Agreement (the “Joint Community Facilities Agreement”), by and among the City, Zone 7 and Dublin Crossing, LLC (the “Developer”), a copy of which proposed agreement is attached hereto as Exhibit A; and WHEREAS, the agreement provides the terms and conditions pursuant to which proceeds of sale of the Bonds and proceeds of the Special Tax may be utilized to finance the cost of the Zone 7 Facilities, among other capital facilities, upon completion, and to reimburse the Developer for Zone 7 Fees, among others capital facility impact fees, which have been paid by the Developer. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby finds, determines and resolves as follows: 1. The Joint Community Facilities Agreement will be beneficial to the residents and customers of the CFD and Zone 7. 2. The Joint Community Facilities Agreement, in the form attached hereto as Exhibit A, is hereby approved, and the City Manager is hereby authorized to make non- substantive changes thereto, as approved by the City Attorney, and hereby further authorized and directed to execute said agreement on behalf of the City. 8.1.g Packet Pg. 436 At t a c h m e n t : 7 . R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f PASSED, APPROVED AND ADOPTED this 18th day of July, 2017, by the following vote: AYES: Council Members __________________________________________ NOES: Council Members __________________________________________ ABSENT: Council Members __________________________________________ ABSTAIN Council Members __________________________________________ _______________________________________ Mayor ATTEST: ______________________________ City Clerk 8.1.g Packet Pg. 437 At t a c h m e n t : 7 . R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f F i r s t S e r i e s o f JOINT COMMUNITY FACILITIES AGREEMENT by and among ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CITY OF DUBLIN, and DUBLIN CROSSING, LLC relating to CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING) 8.1.h Packet Pg. 438 At t a c h m e n t : 8 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f 1 JOINT COMMUNITY FACILITIES AGREEMENT THIS JOINT COMMUNITY FACILITIES AGREEMENT (the “Agreement”) is entered into effective as of _________, 2017, by and among ZONE 7 of the Alameda County Flood Control and Water Conservation District (“Zone 7”), the CITY OF DUBLIN (the “City”), and DUBLIN CROSSING, LLC, a Delaware limited liability company (the “Company”), and relates to the financing by the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “CFD”) of certain capital facilities, which upon completion are to be transferred to and thereafter owned and operated by Zone 7 (the “Zone 7 Facilities”) from proceeds of bonds issued by, and special taxes collected within the boundaries of, the CFD. RECITALS: A. The Company is the master developer of the land shown as Improvement Area No. 1 and, upon acquisition, the land shown as Future Annexation Area on the boundary map attached hereto as Exhibit “A” (herein, collectively, the “Property”), and by this reference incorporated herein, which is located in the City of Dublin. Improvement Area No. 1 is located within the boundaries of the CFD. The Future Annexation Area will be annexed into the boundaries of the CFD as the property is acquired by the Company. The CFD will ultimately c onsist of five improvement areas (each an “Improvement Area”) upon annexation of all of the Future Annexation Area. This Agreement applies fully to each and every Improvement Area, whether in existence as of the date hereof or as created in the future. B. The Zone 7 Facilities are described on Exhibit “B” hereto, and by this reference incorporated herein. C. Pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, consisting of Section 53311 et seq. of the California Government Code (the “Act”), the City has established the CFD in order to finance certain public facilities and improvements, including the ZONE 7 Facilities. D. Subsection (a) of Section 53316.2 of the Act provides that a community facilities district may finance facilities to be owned or operated by a public agency other than the agency that created the district only pursuant to a joint community facilities agreement adopted pursuant to said section. E. Subsection (b) of Section 53316.2 of the Act provides that at any time prior to the adoption of the resolution issuing bonds (to finance the Zone 7 Facilities) pursuant to Section 53356 of the Act, the legislative bodies of two or more local agencies may enter into a joint communities facilities agreement pursuant to said section and Sections 53316.4 and 53316.6 of the Act to exercise any power authorized by the Act with respect to the community facilities district if the legislative body of each entity adopts a resolution declaring that the joint agreement would be beneficial to the residents of that entity. F. The City Council of the City has formed the CFD, designating Improvement Area No. 1, identifying the Future Annexation Area, and authorizing the financing of various facilities, including the Zone 7 Facilities. The CFD and each Improvement Area therein is authorized to finance, among other things, the Zone 7 Facilities. 8.1.h Packet Pg. 439 At t a c h m e n t : 8 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f 2 G. The provision of the Zone 7 Facilities is necessitated by the development of the Property, and the Parties hereto find and determine that the residents residing within the boundaries of the CFD (including each Improvement Area therein) will be benefited by the Zone 7 Facilities and that this Agreement is beneficial to the interests of such residents. H. The City has sole discretion and responsibility for the administration of the CFD. I. The City is authorized by Sections 53313 and 53313.5 of the Act to assist in the financing of the acquisition and/or construction of the Zone 7 Facilities. This Agreement constitutes a joint community facilities agreement, within the meaning of Section 53316.2 of the Act, by and among Zone 7, the Company, and the City, pursuant to which the CFD is authorized to finance the acquisition and/or construction of all or a portion of the Zone 7 Facilities. AGREEMENT: NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereto agree as follows: 1. Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, including the Recitals, have the meanings herein specified. (a) “Acquisition Agreement” means that certain Acquisition Agreement Relating to City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing), by and between the City and the Company, as it may be amended from time to time. (b) “Act” shall have the meaning given such term in Recital C. (c) “Bond Proceeds” or “Proceeds of the Bonds” means those net funds generated by the sale of any series of Bonds, and investment earnings thereon. (d) “Bonds” means one or more series of bonds, or other securities, issued by the CFD on behalf of any Improvement Area. (e) “Facilities Financing Fund” means the fund by any name created to hold PayGo Proceeds. (f) “Fiscal Agent Agreement” means a Fiscal Agent Agreement, Resolution, Resolution Supplement, Indenture of Trust, or other equivalent document(s) providing for the issuance of a series of Bonds. (g) “Improvement Area” shall have the meaning given such term in Recital A. (h) “Improvement Fund” means the fund by any name created pursuant to a Fiscal Agent Agreement to hold Bond Proceeds for the financing of ZONE 7 Facilities. 8.1.h Packet Pg. 440 At t a c h m e n t : 8 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f 3 (i) “Party” or “Parties” means any one or all of the parties to this Agreement. (j) “PayGo Proceeds” means the Special Taxes levied and collected in the CFD and each Improvement Area that are available to directly fund the Zone 7 Facilities. (k) “Property” shall have the meaning set forth in Recital A. (l) “Rate and Method” means the Rate and Method of Apportionment of the Special Tax for each Improvement Area authorizing the levy and collection of Special Taxes within the respective Improvement Area of the CFD pursuant to proceedings undertaken for the formation of the CFD pursuant to the Act. (m) “Special Taxes” means the special taxes authorized to be levied and collected within the CFD pursuant to a Rate and Method. (n) “State” means the State of California. (o) “Zone 7 Facilities” means those water and storm drain facilities listed on Exhibit “B” hereto. 3. Formation of the CFD. The City has established the CFD under the terms of the Act, and authorized each Improvement Area to finance, among other things, the Zone 7 Facilities. 4. Sale of Bonds and Use of Proceeds; PayGo Proceeds. The City may from time to time issue one or more series of Bonds in one or more Improvement Areas and reserve a portion of the Bond Proceeds along with PayGo Proceeds to finance, among other things, the costs of the Zone 7 Facilities upon completion and reimbursement of Zone 7 Fees which have been paid. Bond Proceeds will be deposited into the Improvement Fund. PayGo Proceeds will be deposited in a subaccount of the Improvement Fund. Bond Proceeds on deposit in the Improvement Fund and PayGo Proceeds on deposit in the subaccount of the Improvement Fund may be applied by the City for the costs of the Zone 7 Facilities and the reimbursement of Zone 7 Fees in the manner, and subject to the restrictions, set forth in the Acquisition Agreement and the Fiscal Agent Agreement, if any. 5. Disbursements for Zone 7 Facilities. Disbursements from the Improvement Fund and from the subaccount of the Improvement Fund into which PayGo Proceeds are deposited shall be governed by the Acquisition Agreement. However, before making any payment for an Zone 7 Facility (or discrete component thereof) from the Improvement Fund or the subaccount of the Improvement Fund into which the PayGo Proceeds are deposited, the City shall be satisfied that the Zone 7 Facility or discrete component thereof to be financed has been inspected and approved by Zone 7 as set forth in Section 6 of this Agreement. 6. Inspection and Approval; Ownership of Zone 7 Facilities. Zone 7 shall cause inspections to be made during the construction of the Zone 7 Facilities in accordance with its customary procedures for construction projects of a similar nature. Upon completion of construction of the Zone 7 Facilities, Zone 7 shall accept dedication of the Zone 7 Facilities in accordance with its customary procedures, and shall accept ownership, and responsibility for operation of the Zone 7 Facilities. Notwithstanding the foregoing, formal acceptance of the Zone 8.1.h Packet Pg. 441 At t a c h m e n t : 8 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f 4 7 Facilities is not a condition to the reimbursement of the Company for the Reasonable Costs and Expenses of the Zone 7 Facilities, and the Zone 7 Facilities may be financed in discrete components. Once acquired by Zone 7, the Zone 7 Facilities shall be and remain the property of Zone 7 and Zone 7 shall assume all ongoing maintenance responsibilities with respect to the Zone 7 Facilities. 7. Amendment. This Agreement may be amended at any time but only in writing signed by each Party hereto. 8. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Agreement. 9. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any Party shall be deemed to have been received when personally delivered or seventy-two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: City: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: City Manager Zone 7: Zone 7 of the Alameda County Flood Control and Water Conservation District 100 North Canyon Parkway Livermore, California 94551 Attn: General Manager Company: Dublin Crossing, LLC 500 La Gonda Way, Suite 100 Danville, CA 94526 Attn: Gregory Glenn A Party may change its address for delivery of notice by delivering written notice of such change of address to the other Parties hereto. 10. Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference. 11. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 8.1.h Packet Pg. 442 At t a c h m e n t : 8 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f 5 13. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Parties hereto, or the failure by a Party to exercise its rights upon the default of another Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by such other Parties with the terms of this Agreement thereafter. 14. No Third Party Beneficiaries. No person or entity other than the CFD shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the Zone 7, the City, the CFD, and the Company (and their respective successors and assigns, exclusive of individual homebuyers), any rights, remedies, obligations , or liabilities under or by reason of this Agreement. 15. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. [signature pages follows] 8.1.h Packet Pg. 443 At t a c h m e n t : 8 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f 6 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written above. CITY OF DUBLIN By: Its: ATTEST: By: APPROVED AS TO FORM: City Attorney of the City of Dublin ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: __________________________________ Its: ___________________________________ ATTEST: By: Secretary of the Board of Directors APPROVED AS TO FORM: Legal Counsel, Zone 7 [signatures continued on next page] 8.1.h Packet Pg. 444 At t a c h m e n t : 8 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f 7 DUBLIN CROSSING, LLC, a Delaware limited liability company By: BrookCal Dublin LLC, a Delaware limited liability company Its: Member By: __________________________ Name: ________________________ Title: _________________________ By: __________________________ Name: ________________________ Title: _________________________ By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member By: _______________________ Name: _____________________ Title: ______________________ By: _______________________ Name: _____________________ Title: ______________________ 8.1.h Packet Pg. 445 At t a c h m e n t : 8 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f A-1 EXHIBIT A MAP OF PROPERTY IN THE CFD 8.1.h Packet Pg. 446 At t a c h m e n t : 8 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f B-1 EXHIBIT B LIST OF ZONE 7 FACILITIES Facilities to be owned by Zone 7 constructed in connection with the development of the Property, and all costs of site acquisition, planning, design, engineering, legal services, materials testing, coordination, surveying, construction staking, construction inspection and any and all appurtenant facilities and appurtenant work relating thereto, including, but not limited to:  Backbone Storm Drainage improvements (including, but not limited to, mainlines, laterals, catch basins, junction structures, manholes, and local depressions).  Water improvements financed by the Water Connection Fee for each connection in the CFD.  Drainage improvements financed by the Drainage Assessment Fee (Impervious Surface) for each connection in the CFD. Notwithstanding the foregoing list, in the event that Dublin Crossing, LLC, or any landowner of any portion of the land within CFD No. 2015-1 which is responsible for the construction of any of the listed improvements or payment of any of the listed impact fees enters into a written agreement with Zone 7 to move all or any portion of any of the improvements or impact fees listed above from one category to the other, the subject improvements or impact fees shall remain eligible for financing by CFD No. 2015-1 without the requirement of City Council OR Zone 7 action to authorize such change. Without limiting the generality of the foregoing, if, for example, Zone 7 and Dublin Crossing, LLC (the “Parties”), enter into a written agreement pursuant to which the Parties agree that Dublin Crossing, LLC, will construct the drainage improvements that would otherwise be paid by the drainage assessment fee, then that drainage improvements shall be eligible for financing by CFD No. 2015-1 as an improvement rather than a fee. Similarly, a written agreement to add any additional improvements or impact fees to those listed shall make such improvements or impact fees eligible for financing by CFD No. 2015-1, and a written agreement to delete any improvements or impact fees from those listed shall make such improvements or impact fees ineligible for such financing, in each case without the requirement of Zone 7 action to authorize such change. 8.1.h Packet Pg. 447 At t a c h m e n t : 8 . E x h i b i t A t o t h e R e s o l u t i o n A u t h o r i z i n g E x e c u t i o n o f a J o i n t C o m m u n i t y F a c i l i t i e s A g r e e m e n t ( 1 5 2 6 : A u t h o r i z i n g I s s u a n c e o f Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Kaiser Permanente Public Art Proposal Prepared by: Tegan McLane, Cultural Arts & Heritage Manager EXECUTIVE SUMMARY: The City Council will consider Kaiser Permanente’s proposal for public art for its new Specialty Medical Office/Cancer Center, now under construction at 3200 Dublin Boulevard. STAFF RECOMMENDATION: Approve Kaiser Permanente's proposal for public artwork at its new Specialty Medical Office/Cancer Center. FINANCIAL IMPACT: This is developer-installed artwork. There are no City Funds expended for the artwork itself. DESCRIPTION: Kaiser Permanente is developing a three-story, 220,000 square-foot specialty medical office and cancer center, located on the south side of Dublin Boulevard between Keegan and Lockhart streets. This building is Phase 1A of a larger Kaiser campus. (Attachment 1) As part of the Site Development Review approval by the City Council, Kaiser opted to install public art versus paying the in-lieu fee. Per the Public Art Master Plan, all private developers are required to present the proposed artwork for review at a Heritage and Cultural Arts Commission (HCAC) meeting. Upon recommendation by the Heritage and Cultural Arts Commission, the developer is also required to seek final approval of the proposed artwork by the City Council. Artist Selection Process The Public Art Master Plan encourages private developers to follow an artist selection process consistent with the City’s policies for selection of artists and artworks. Kaiser 8.2 Packet Pg. 448 Page 2 of 3 employed a process similar to the City’s own “shortlist” method. After Kaiser’s architect on the project, Smithgroup JJR, proposed using the north side of the building as a canvas for a large scale environmental art piece, the architect identified a shortlist of four artists who had experience doing similar work of this scale. A committee reviewed the artists’ portfolios and narrowed it to two candidates whose work would fit well with the architecture. One of the artists already has many works displayed throughout the Bay Area, including a piece at another Kaiser facility, as well as the corner fountain art piece at Emerald Glen Park. In consideration of that, Kaiser selected the other artist, Rob Ley. Mr. Ley is an adjunct associate professor at the University of Southern California and has done commissions for City of Los Angeles, Municipal Art Commission of Kansas City, Denver Botanical Gardens and Hewlett Packard, among others. His only Bay Area piece was done for City of Emeryville. Mr. Ley’s work has won numerous design awards and grants from organizations including the Seattle Design Commission, coD+A (Collaboration of Design and Art), AIA (American Institute of Architects), Americans for the Arts, the Municipal Art Society for New York and others. (Attachment 2) Mr. Ley’s proposed piece, Double Exposure, is a wall sculpture composed of 3,000 aluminum panels, individually bent and painted with weather-resistant powder-coat paint, to reflect two different panorama photos. Depending upon where the viewer is standing, the artwork appears to show either a cloudscape or a tree canopy with autumn leaves. (Attachment 3) The technique Mr. Ley will use for the Kaiser project is similar to the technique used on his May/September sculpture, completed in 2014 for Eskanazi Hospital of Marion County (Indiana). That sculpture was selected that year for the Americans for the Arts Public Art Network Year in Review, which recognizes the nation’s best public art projects. Staff Review Preliminary designs were reviewed internally by the City’s Planning Division and the Heritage and Cultural Arts Manager. Staff has no concerns with the safety or design of the proposed artwork. Staff shared with Kaiser the City’s preference that public art be highly visible from roadways and has requested a rendering showing the piece from the sidewalk or auto vantage point and information on the landscaping trees planned for the lot, to help Commission and the City Council evaluate whether the piece is adequately visible. Community Outreach In addition to including City Staff in the review and critique of the artwork, as specified in the Public Art Master Plan, Kaiser performed outreach to the Dublin community. Kaiser sponsored a booth at the May 25, 2017, Dublin Farmers’ Market, giving the public an opportunity to meet Mr. Ley, inspect preliminary designs and offer comments and concerns. Kaiser mailed 1,038 postcard invitations to owners and occupants within an approximate 300-foot radius. The outreach meeting was also publicized through the Dublin Farmers’ Market Facebook page. Numerous attendees stopped at Kaiser’s Farmers’ Market booth to discuss the project Comment [LS1]: Which park? What's the art? 8.2 Packet Pg. 449 Page 3 of 3 and 30 written comment cards were received, significantly more than are typically received at a traditional open house event. All comments were supportive of the artwork. Heritage and Cultural Arts Commission Review The Heritage and Cultural Arts Commission reviewed the proposal at its June 8, 2017 meeting. Commissioners expressed concerns and/or asked for clarification on: the view of the artwork from inside the building; preventative measures being taken to ensure artwork components are secured; variability of the image, as seen from different vantages; and partially obscured visibility from the roadway. Artist Rob Ley and members of the Kaiser design team addressed the concerns. People inside the building will see some color from the artwork, and the design will allow diffused lighting through the windows. Kaiser’s structural engineers have reviewed the design and individual aluminum pieces will have redundant bolts to ensure that if a bolt fails, the aluminum piece will not fall. People at some distance from the artwork will see it as a single image, like a painting. Those up close will be able to discern depth, and will see it more as a sculpture. There is no one “best” vantage point. The artist believes viewers will discover their own preferred vantage points. Drivers passing the facility will be able to see the artwork. Street trees and parking lot trees, required by the project approvals, will partially obscure the image, especially in their mature growth, but the artist believes this yet another variation on the view. One member of the public spoke in support of the artwork, but agreed with previously expressed concerns about visibility to Dublin Boulevard traffic. On a motion by Cm. Vonheeder-Leopold, seconded by Cm. Bennett, and by a vote of 4- 0-3 (Commissioners Blackburn, Peesapati and Rawal absent), the Commission voted to recommend that City Council approve the proposed public art for Kaiser Permanente’s Specialty Medical Offices and Cancer Center under construction at 3200 Dublin Boulevard. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Kaiser Permanente was provided with a copy of this Staff Report. ATTACHMENTS: 1. Kaiser Public Art Site Map 2. Kaiser Public Art Artist Resume and Portfolio 3. Kaiser Public Art Rendering and Artist Statement 8.2 Packet Pg. 450 8.2.a Packet Pg. 451 At t a c h m e n t : 1 . K a i s e r P u b l i c A r t S i t e M a p ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.a Packet Pg. 452 At t a c h m e n t : 1 . K a i s e r P u b l i c A r t S i t e M a p ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.a Packet Pg. 453 At t a c h m e n t : 1 . K a i s e r P u b l i c A r t S i t e M a p ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.b Packet Pg. 454 At t a c h m e n t : 2 . K a i s e r P u b l i c A r t A r t i s t R e s u m e a n d P o r t f o l i o ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.b Packet Pg. 455 At t a c h m e n t : 2 . K a i s e r P u b l i c A r t A r t i s t R e s u m e a n d P o r t f o l i o ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.b Packet Pg. 456 At t a c h m e n t : 2 . K a i s e r P u b l i c A r t A r t i s t R e s u m e a n d P o r t f o l i o ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.b Packet Pg. 457 At t a c h m e n t : 2 . K a i s e r P u b l i c A r t A r t i s t R e s u m e a n d P o r t f o l i o ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.b Packet Pg. 458 At t a c h m e n t : 2 . K a i s e r P u b l i c A r t A r t i s t R e s u m e a n d P o r t f o l i o ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.b Packet Pg. 459 At t a c h m e n t : 2 . K a i s e r P u b l i c A r t A r t i s t R e s u m e a n d P o r t f o l i o ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.b Packet Pg. 460 At t a c h m e n t : 2 . K a i s e r P u b l i c A r t A r t i s t R e s u m e a n d P o r t f o l i o ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.b Packet Pg. 461 At t a c h m e n t : 2 . K a i s e r P u b l i c A r t A r t i s t R e s u m e a n d P o r t f o l i o ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.b Packet Pg. 462 At t a c h m e n t : 2 . K a i s e r P u b l i c A r t A r t i s t R e s u m e a n d P o r t f o l i o ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.b Packet Pg. 463 At t a c h m e n t : 2 . K a i s e r P u b l i c A r t A r t i s t R e s u m e a n d P o r t f o l i o ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.c Packet Pg. 464 At t a c h m e n t : 3 . K a i s e r P u b l i c A r t R e n d e r i n g a n d A r t i s t S t a t e m e n t ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.c Packet Pg. 465 At t a c h m e n t : 3 . K a i s e r P u b l i c A r t R e n d e r i n g a n d A r t i s t S t a t e m e n t ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.c Packet Pg. 466 At t a c h m e n t : 3 . K a i s e r P u b l i c A r t R e n d e r i n g a n d A r t i s t S t a t e m e n t ( 1 5 2 2 : K a i s e r P u b l i c A r t ) 8.2.c Packet Pg. 467 At t a c h m e n t : 3 . K a i s e r P u b l i c A r t R e n d e r i n g a n d A r t i s t S t a t e m e n t ( 1 5 2 2 : K a i s e r P u b l i c A r t ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendments to the Master Fee Schedule for Parks and Community Services and Discussion on Non-Profit Rates Prepared by: Andrew Freeman Jr., Business Services Manager EXECUTIVE SUMMARY: The City Council will consider amending the Master Fee Schedule to include fees for Parks and Community Services that were deferred at the June 20, 2017 City Council Meeting. The City Council will also discuss future rate setting for non -profit use of facilities. STAFF RECOMMENDATION: Adopt the Resolution Amending the Fiscal Year 2017-18 Master Fee Schedule; and provide direction on non-profit facility rental rates. FINANCIAL IMPACT: In Fiscal Year 2017-18 Parks and Community Services is budgeted to generate $4.9 million in revenues and incur $11.1 million in expenses, resulting in a $6.2 million subsidy from the General Fund. Fee adjustments included in this amen dment to the Master Fee Schedule are reflected and included in the FY 2017 -2018 budget. DESCRIPTION: At the June 20, 2017 meeting, the City Council adopted an update to the citywide Master Fee Schedule. The Parks and Community Services fees that were included in the update were deferred so that a broader policy discussion could be held regarding the setting of non-profit facility rental rates. Staff had proposed to set the non-profit facility use rate at the same rate paid by residents. Background The Parks and Community Services Department (PCS) offers a multitude of services including field and facility space for rental use (e.g., community rooms, picnic areas and tennis courts); programs and activities related to aquatics, sports, youth and senior programs; and special events such as St. Patrick’s Day Festival and Splatter to support quality of life for the Dublin community. PCS programs and services are primarily 8.3 Packet Pg. 468 Page 2 of 3 supported by the General Fund; rental and registration fees help to offset Ge neral Fund support for these programs and services. Annually, Staff undertakes a review of the expenditures and revenues of various Department programs to assess if fee adjustments are necessary. Based on these financial findings and survey of local markets, fees are adjusted within cost or market ranges. The City Council established a user fee cost recovery policy, Resolution No. 160-12, that specifies annual adjustments to fees for services provided by the City (Attachment 1). Additionally, City Council granted, through Resolution 111-16 adopted June 21, 2016, the Parks and Community Services Pricing Policy (Attachment 2) which allows the PCS Director to modify fees for existing programs at or below 20 percent and then document such modifications in the Master Fee Schedule updates conducted each year. In addition, the City Council authorized the PCS Director to establish rates during the Fiscal Year for new programs and document such additions as part of the annual Master Fee Schedule process. Notable Updates to PCS Fees The updates to the PCS Master Fee Schedule include fee adjustments for programs within the Director’s 20 percent range, along with an adjustment to after school program fees to fully recover direct costs and a portion of administrative costs. Demand for after school programs continues to be steady to support participation and additional cost recovery. The City’s after school program has exceeded 1,000 registrations over the past two Fiscal Years. The proposed change to the aft erschool full session fee for residents is an increase of $153 from the prior year (from $510 to $663). This rate remains below the fee charged by after school provider EDCC. The City’s proposed fee for residents is $2.83 per hour ($663 registration cost/13 weeks/18 hours per week), while EDCC cost for care is $5.27 per hour ($485 per month/4 weeks/23 hours per week). Other fee adjustments remain within the surrounding area market average and assist in closing the gap between expenditures and revenues in General Fund allocation for PCS programs and services. Discussion on Non-Profit Facility Use Rates Staff requested deferment of fees at the June 20 meeting so that the City Council could provide direction to Staff on the non-profit facility rental rates. At the June 19, 2017, Parks and Community Services Commission meeting, Staff presented the fee adjustments and noted the proposed increases to non-profit facility use rates. The Commission expressed concerns regarding the proposed facility renta l fees for non- profits and stated that they understand the need to increase fees and not operate at a loss; however, it is important to also recognize the benefit the non-profit organizations provide to the community. The Commission did not express any concerns with the other proposed fee amendments. Currently, non-profit rates for facility use are extremely low and subsidized by the City, which is estimated at $100,000 annually based on the resident rate paid in Fiscal Year 2015-16. For example, the rate at the Civic Center for use of the Regional Meeting Room is free during the day and $68 per hour if used for fundraising purposes. Use of the Shannon Center Ambrose Hall is free during the day, is $85 per hour in the evening for meetings and $188 per hour when used for fundraising. A resident renting those 8.3 Packet Pg. 469 Page 3 of 3 same facilities would pay $90 per hour and $250 per hour, respectively regardless of time of day. With the start of the City’s update to the User Fee Study by MGT Consulting, Staff believes that deferring any decision on rates for non-profit facility use would be appropriate until additional market information can be obtained. This study will also allow Staff to not only consider amendments to non-profit facility rental rates, but changes to facility rental rates overall. Staff is not recommending specific changes to facility rental rates and policy with this report, but is seeking policy guidance on the setting of the non-profit rates. Specifically, Staff wants direction on the following options: 1) Keep the non-profit rates consistent with the current practice. This will likely result in a greater subsidy over the long term. 2) Adjust the rates to a certain percent of the resident rate. This will result in a partial cost recovery for facility use by these groups. 3) Set the non-profit rates at the same rate as the resident rate. This will result in a greater cost recovery. The work with MGT is expected to be completed in December 2017. As a result of the work currently in-progress by MGT, Staff recommends the fees for facility rental use remain unchanged at this time. Moving forward Staff will continue its work with MGT to refine pricing for facility rental use and apply City Council direction on evaluating non -profit facility rental rates. With City Council approval of this direction, Staff will present these finding to the Parks and Community Services Commission for review in early 2018, and then present the report to City Council for approval. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution 160-12 - User Fee Cost Recovery Policy 2. Parks and Community Services Pricing Policy 3. Resolution Amending Fiscal Year 2017-18 Master Fee Schedule 4. Exhibit A to the Resolution - Fiscal Year 2017-18 Parks and Community Services Amendments to the Master Fee Schedule 8.3 Packet Pg. 470 RESOLUTION NO. 160 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING A USER FEE COST RECOVERY POLICY WHEREAS, on June 7, 2011, the City Council authorized the City Manager to execute an agreement with Capital Accounting Partners to conduct a User Fee Study and a Cost Allocation Plan; and WHEREAS, the purpose of the User Fee Study and Cost Allocation Plan was to determine the full cost of providing fee-related services, including City-wide indirect costs; and WHEREAS, the User Fee Study and Cost Allocation Plan were prepared and submitted to the City Manager by Capital Accounting Partners in June 2012; and WHEREAS, the City Council wishes to establish a general policy for establishment of general fees and recovery of related costs; and WHEREAS, the City Council desires to have within its policy procedures for the regular updating of general fees and charges. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the User Fee Cost Recovery Policy attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 4th day of September 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: a/i/OZIGCLC City Clerk Reso No. 160-12,Adopted 9-4-12, Item 7.1 Page 1 of 1 8.3.a Packet Pg. 471 At t a c h m e n t : 1 . R e s o l u t i o n 1 6 0 - 1 2 - U s e r F e e C o s t R e c o v e r y P o l i c y ( 1 5 2 5 : U p d a t e d M a s t e r F e e S c h e d u l e f o r P a r k s a n d C o m m u n i t y S e r v i c e s ) City of Dublin User Fee Cost Recovery Policy Resolution—Exhibit A) Measuring the cost of government services is useful for a variety of purposes, including setting user fees and performance measurement/benchmarking. Ongoing Review It is planned that a comprehensive user fee study should be conducted at least every five years to assure that user fees reflect the City's underlying costs. The last such study was completed in fiscal year 2011-12. Annual Increase User fees established as part of a Master Fee Schedule will be increased each July 1 to keep pace with increases in the City's costs. In years between comprehensive user fee studies, the increase should be calculated based on changes in the preceding December Consumer Price Index (Bureau of Labor Statistics, San Francisco-Oakland Urban Wage Earners and Clerical Workers). The resulting calculation for each fee shall be rounded down to the nearest whole dollar. Applicability This User Fee Cost Recovery Policy applies to all general user fees and charges for services established in accordance with an adopted Master Fee Schedule. Parks & Community Services shall establish its program related fees in accordance with the Parks & Community Services Pricing Policy as originally adopted September 21, 2010 and as may be subsequently amended. Impact Fees which fund capital improvements are not covered by this policy. Cost Recovery Levels Costs should not be the sole consideration in determining how much the City will charge for services it provides. However, absent reasons to the contrary,the City will set user fees at a level to recover the total cost of delivering the related services, including direct costs, departmental administration costs, and City-wide indirect costs. Offsetting revenues should be considered when determining the total cost. Revenue from each user fee should not exceed the related reasonable total cost of providing the related services. It is appropriate for certain user fees to be established at a level below the related total cost of delivering the related services. The following factors will be considered when determining the appropriate cost recovery level: Community-wide vs. special benefit- The use of general purpose revenue is appropriate for community-wide services while user fees are appropriate for services that are of special benefit to individuals or groups. Full cost recovery is not always appropriate for special benefits. Service recipient vs. service driver- Particularly for services associated with regulated activities (development review, code enforcement), from which the community primarily benefits, cost recovery from the"driver"of the need for the service (applicant, violator) is appropriate. 8.3.a Packet Pg. 472 At t a c h m e n t : 1 . R e s o l u t i o n 1 6 0 - 1 2 - U s e r F e e C o s t R e c o v e r y P o l i c y ( 1 5 2 5 : U p d a t e d M a s t e r F e e S c h e d u l e f o r P a r k s a n d C o m m u n i t y S e r v i c e s ) City of Dublin User Fee Cost Recovery Policy Resolution— Exhibit A) Consistency with City public policies and objectives - City policies and Council goals focused on long term improvements to community quality of life may impact desired fee levels as fees can be used to change community behaviors, promote certain activities or provide funding for pursuit of specific community goals (e.g., health and safety, environmental stewardship, renewable energy, economic development). Impact on demand (elasticity) - Pricing of services can significantly impact demand. At full cost recovery, for example, the City is providing services for which there is a genuine market not over-stimulated by artificially low prices. Conversely, high cost recovery may negatively impact lower income groups and this can work against public policy outcomes if the services are specifically designed to serve particular groups. Discounted rates and surcharges - Rates may be discounted to accommodate lower income groups or groups who are the target of the service, such as senior citizens or residents. Higher rates are considered appropriate for non-residents to further reduce general fund subsidization of services. Feasibility of collection - It may be impractical or too costly to establish a system to appropriately identify and charge each user for the specific services received. The method of assessing and collecting fees should be as simple as possible in order to reduce the administrative cost of collection For fees that are established at a level less than full cost recovery, the City Council may desire to examine the rationale for these deviations, and direct Staff to explore the appropriateness. Contractor Hourly Rates When City contractors provide services to other governments, businesses or individuals, their time should be charged at direct labor cost, including benefits, plus a mark-up percentage representing City administrative overhead. The markup percentage(s) shall remain in effect until the next comprehensive fee study. Definitions Direct costs—those costs that can be specifically identified with a particular cost objective, such as street maintenance, police protection. Indirect costs—those costs not readily quantifiable with a direct operating program, but rather, are incurred for a joint purpose that benefits more than one cost objective. Common examples of indirect cost functions include accounting, purchasing, legal services, personnel administration and building maintenance. Although indirect costs are generally not directly linked with direct cost programs, their cost should be included as part of the total cost of providing specific services. Administration and Billing The method of assessing and collecting user fees should be as simple as possible in order to minimize inconvenience to the users and to minimize the City's administrative cost of collection. The cost recovery level established by the City for each fee should be sensitive to the "market" rate for such services provided by other governments, non-profit organizations, companies and individuals. Exhibit A— Page 2 8.3.a Packet Pg. 473 At t a c h m e n t : 1 . R e s o l u t i o n 1 6 0 - 1 2 - U s e r F e e C o s t R e c o v e r y P o l i c y ( 1 5 2 5 : U p d a t e d M a s t e r F e e S c h e d u l e f o r P a r k s a n d C o m m u n i t y S e r v i c e s ) City of Dublin User Fee Cost Recovery Policy Resolution—Exhibit A) However, the rates charged by others will not be the primary criteria for setting City user fees because there are many factors affecting how other communities and organizations set their rates, including: Planned cost recovery level What costs are included in calculated total cost The last time a comprehensive user fee study was performed The level of service provided Fees should be charged to all entities using City services including Federal, State and County jurisdictions unless exempt by law. The City Manager may exempt or reduce fees where it is in the City's best interest to do so, and in accordance with business need. When new fees become desired or necessary before the next comprehensive fee study, they will be established at a level based on estimated direct labor cost, including benefits, plus a markup representing City administrative overhead, which will be calculated as part of each comprehensive fee study and remain in effect until the next such fee study. The new fees shall be added to the City's Master Fee Schedule. The City Council will approve the Master Fee Schedule each year prior to its July 1 effective date. It will then be made available to the public on the City's website. Exhibit A— Page 3 8.3.a Packet Pg. 474 At t a c h m e n t : 1 . R e s o l u t i o n 1 6 0 - 1 2 - U s e r F e e C o s t R e c o v e r y P o l i c y ( 1 5 2 5 : U p d a t e d M a s t e r F e e S c h e d u l e f o r P a r k s a n d C o m m u n i t y S e r v i c e s ) Pricing Policy for Parks and Community Services Programs, Facilities, and Field Use 1. The City Council shall set Parks and Community Services programs, facilities and field use fees (“Parks and Community Services Fees”) annually as part of the adoption of the City’s Master Fee Schedule. 2. The City Council shall approve, by resolution, Parks and Community Services Fees, and shall approve, by resolution, cost sharing, when applicable, for programs offered via contract providers. 3. The Parks and Community Services Commission shall be given an opportunity to review the Parks and Community Services Department’s (“Department”) program fees annually prior to submission to City Council for approval. 4. The City Council will review and adopt cost recovery targets for the Department as part of annual budget process. 5. The Department Director, in his or her sole discretion, may adjust fees outside of the annual process by up to 20% in a fiscal year. Any revisions and/or changes shall be documented as part of the next Master Fee Schedule adoption. 6. The fees for non-residents for both programs and facility rentals shall be established at a minimum of 20% higher than fees for Dublin residents, unless an exception is made via the City Council adopted Master Fee Schedule. 7. The Director, in his or her sole discretion, may has establish rates for new classes (initiated after adoption of the annual Master Fee Schedule) and offer reduced fees such as introductory rates, early registration, family discounts and coupon discounts, to promote new recreation programs or resurrect existing ones. 8. Previously, the City Council adopted fee schedules with associated “use policies” as separate actions. Now, the City Council shall adopt Parks and Community Services Fees one time per year as part of the Master Fee Schedule. 2657409.1 8.3.b Packet Pg. 475 At t a c h m e n t : 2 . P a r k s a n d C o m m u n i t y S e r v i c e s P r i c i n g P o l i c y ( 1 5 2 5 : U p d a t e d M a s t e r F e e S c h e d u l e f o r P a r k s a n d C o m m u n i t y S e r v i c e s ) ATTACHMENT 1 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AMENDING THE MASTER FEE SCHEDULE WHEREAS, the California Constitution authorizes local government to recover the reasonable costs of providing services; and WHEREAS, the City processes various permits, applications, and licenses, and offers various recreational program and facility rental opportunities; and WHEREAS, on September 4, 2012 the City Council approved Resolution 160-12 Establishing a User Fee Cost Recovery Policy that specifies annual adjustments to fees for services provided by the City; and WHEREAS, on June 20, 2017 the City Council reviewed the citywide FY 2017-18 Updated Master Fees Schedule; and WHEREAS, consideration of all revised Parks and Community Services fees were deferred until such time a thorough evaluation of the proposed policy changes reflected in the revised fees, including facility rental fee changes, could be conducted; and WHEREAS, Parks and Community Services has prepared amendments to the Master Fee Schedule, including updated pricing for programs and services for FY 2017 -18 while keeping facility use rates at the same rates they were for FY 2016-17. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby amend the Master Fee Schedule to include Parks and Community Services fees for FY 2017-18 as Exhibit A. BE IT FURTHER RESOLVED that the new fees identified in said Master Fee Schedule for Parks and Community Services shall be effective immediately. PASSED, APPROVED AND ADOPTED this 18th day of July 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 8.3.c Packet Pg. 476 At t a c h m e n t : 3 . R e s o l u t i o n A m e n d i n g F i s c a l Y e a r 2 0 1 7 - 1 8 M a s t e r F e e S c h e d u l e ( 1 5 2 5 : U p d a t e d M a s t e r F e e S c h e d u l e f o r P a r k s a n d C o m m u n i t y CITY OF DUBLIN PARKS AND COMMUNITY SERVICES MASTER FEE SCHEDULE, FY 2017-18 EXHIBIT A #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 Section 10.1: Parks & Recreation Program Fees - Activity Fees** Family Programs FP1 After School Recreation/Middle School Union Full Session Resident $510 Non-Resident $612 Resident $663 Non-Resident $796 FP2 After School Recreation/Middle School Union Early Release Pass (formerly 20-day pass)Resident $280 Non-Resident $336 Resident $192 Non-Resident $230 FP3 After School Recreation/Middle School Union Late Fee (per minute)Resident $1 Non-Resident $1 Flat Fee $10 Plus $1 each minute FP4 Camp Dublin One week session Resident $212 Non-Resident $254 No Change FP5 Camp Sunrise, Camp Kolb, Camp Stager and Camp Dublin Sports Grounds One week session Resident $72 Non-Resident $86 No Change FP6 Glen the Guide Nature Camp One week session Resident $212 Non-Resident $254 No Change FP7 Camp Connector AM/PM Connector Resident $35 Non-Resident $42 Resident $40 Non-Resident $48 FP8 Camp Connector Lunch Connector Resident $20 Non-Resident $24 No Change FP9 Dublin L.E.A.D. Program Resident $99 Non-Resident $119 No Change Preschool Programs PP1 Dublin Preschool - 3-Year Old Classes 2 days per week Resident $437 Non-Resident $524 Resident $489 Non-Resident $587 PP2 Dublin Preschool - 4-Year Old Classes 2 days per week Resident $463 Non-Resident $556 Resident $519 Non-Resident $623 All Parks & Recreation Program Fees are subject to 20% increase based on the Parks & Community Services Pricing Policy. *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 1 of 14 Exhibit A 8.3.d Packet Pg. 477 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 PP3 Dublin Preschool - 3-Year Old Classes 3 days per week Resident $653 Non-Resident $784 Resident $731 Non-Resident $877 PP4 Dublin Preschool - 4-Year Old Classes 3 days per week Resident $686 Non-Resident $823 Resident $768 Non-Resident $922 PP5 Dublin Preschool - 4-Year Old Classes 4 days per week Resident $1,039 Non-Resident $1,246 Resident $1,164 Non-Resident $1,397 PP6 Little Lovies 8 classes Resident $176 Non-Resident $211 Resident $197 Non-Resident $236 PP7 Camp Shamrock 1 week session-(5 days)Resident $110 Non-Resident $132 Resident $123 Non-Resident $148 PP8 Dublin Preschool Non-Participation Daily rate Resident $65 Non-Resident $65 No Change Senior Center Programs SC1 Activity Fee Per activity Resident & Non-Resident $3-$15 No Change SC2 Special Luncheons Per Luncheon Resident $10-$20 Non-Resident $12-$24 No Change SC3 Dances Pre-Registrations Resident $10-$25 Non-Resident $13-$30 No Change SC4 Dances At the Door Resident & Non-Resident $15-$40 No Change SC5 Trips and Tours Local Trips (4-hour trip)Resident $20-$25 Non-Resident $24-$30 No Change SC6 Trips and Tours - Additional fee For each hour over 4-hr/person Resident & Non-Resident $3.50-$5 No Change SC7 Trips and Tours Local Trips (8-hour trip)Resident $35-$45 Non-Resident $42-$54 No Change SC8 Trips and Tours Distant Trips (8-10 hour trip)Resident $40-$50 Non-Resident $48-$60 No Change Sports Programs SP1 Basketball Adult League Resident $475-$640 Non-Resident $570-$768 Resident $499-699 Non-Resident $599-$839 SP2 Bocce Ball Adult Co-ed League Resident $155 Non-Resident $186 Resident $165-$175 Non-Resident $198-210 SP3 Softball Adult League Resident $475-$630 Non-Resident $570-$756 Resident $499-$699 Non-Resident $599-$839 SP4 Sports League Late Registration Fee Resident $25 Non-Resident $25 No Change Adult Sports *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 2 of 14 Exhibit A 8.3.d Packet Pg. 478 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 SP6 Junior Warriors Basketball League - Winter Season Resident $162 Non-Resident $194 Resident $183 Non-Resident $220 SP7 Junior Warriors Basketball League - Summer Season Resident $106 Non-Resident $127 Resident $127 Non-Resident $152 SP8 Teeball League Resident $109 Non-Resident $131 Resident $120 Non-Resident $144 SP9 Basketball Clinics Resident $51-$64 Non-Resident $61-$77 No Change Wave (Effective 12/21/16) WV1 Children under 2 N/A Resident and Non- Resident Fee $3 WV2 Recreational Swimming Under 40"Resident Fee $13 Non-Resident Fee $15 No Change WV3 Recreational Swimming Over 40"Resident Fee $15 Non-Resident Fee $17 No Change WV4 Group Resident & Non-Resident Fee $12 No Change WV5 Recreational Swimming Under 40"Resident Fee $11 Non-Resident $13 No Change WV6 Recreational Swimming Over 40"Resident Fee $13 Non-Resident Fee $15 No Change WV7 Group Resident & Non-Resident Fee $10 No Change WV8 Youth Swimming Lessons Per class rate $14 No Change WV9 Pre-School Swimming Lessons Per class rate $20 No Change WV10 Semi-Private Swimming Lessons Per class rate $35 No Change WV11 Private Swimming Lessons Per class rate $55 No Change WV12 Lap Swim/Water Walking $6 No Change WV13 Water Aerobics Per class rate N/A Resident and Non- Resident Fee $12 Contract Classes CF1 Interment Fees Cremation/Burial $330 No Change CF2 Interment Fees Earth Burial $1,533 No Change Section 10.3: Parks & Recreation Program Fees - Facility Rental Fees** Civic Center Rental (Council Chambers & Regional Meeting Room) FR1 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of meetings No Fee No Change Youth Sports Section 10.2: Parks & Recreation Program Fees - Cemetery Fees for Heritage & Cultural Arts Center** For all Contract Instructor Activities, Fees for Residents and for Non-Residents may vary. The fees are based on the contract agreements with each instructor and are subject to change at the discretion of the Parks & Community Services Director. Admission Fees (Partial Day) Admission Fees (Full Day) *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 3 of 14 Exhibit A 8.3.d Packet Pg. 479 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 FR2 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of fundraising $68/hour No Change *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 4 of 14 Exhibit A 8.3.d Packet Pg. 480 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 FR3 Individuals or Other Groups Resident $90/hour Non-Resident $108/hour No Change FR4 Commercial Uses Dublin-based Business $120/hour Non Dublin-based Business $144/hour No Change Heritage Park & Museums Facility Rental - St. Raymond Church FR5 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations and Youth Sports Leagues Use during regular business hours for the purpose of meetings - (Please refer to the Facility Use Rental Policy) Setup/Takedown Fee Only of $14 per hour per Facility Attendant. Number of Attendants dependent on facilities used and the setup needs. No Change FR6 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations and Youth Sports Leagues Use During outside of business hours for the purpose of meetings - (Please refer to the Facility Use Rental Policy) $15/hour No Change FR7 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations and Youth Sports Leagues Used for the purpose of fundraising $45/hour No Change FR8 Individuals or Other Groups Resident $60/hour Non-Resident $72/hour No Change FR9 Commercial Uses Dublin-based Business $80/hour Non Dublin-based Business $96/hour No Change FR10 Individuals or Other Groups 6-Hour Package (includes Kolb Sunday School Barn)Resident $1,240 Non-Resident $1,488 No Change FR11 Individuals or Other Groups Each hour after 6-Hour Package (includes Kolb Sunday School Barn)Resident $230/hour Non-Resident $276/hour No Change Heritage Park & Museums Facility Rental - Kolb Sunday School Barn (Includes the use of the adjacent Picnic Area and a portion of the Park grounds) FR12 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations and Youth Sports Leagues Use during regular business hours for the purpose of meetings - (Please refer to the Facility Use Rental Policy) Setup/Takedown Fee Only of $14 per hour per Facility Attendant. Number of Attendants dependent on facilities used and the setup needs. No Change *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 5 of 14 Exhibit A 8.3.d Packet Pg. 481 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 FR13 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations and Youth Sports Leagues Use during outside of business hours for the purpose of meetings - (Please refer to the Facility Use Rental Policy) $43/hour No Change FR14 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations and Youth Sports Leagues Use for the purpose of fundraising $128/hour No Change FR15 Individuals or Other Groups Resident $170/hour Non-Resident $204/hour No Change FR16 Commercial Uses Dublin-based Business $227/hour Non Dublin-based Business $272/hour No Change FR17 Individuals or Other Groups 6-Hour Package Resident $918 Non-Resident $1,101 No Change FR 18 Individuals or Other Groups After 6 hours Resident $170/hour Non-Resident $204/hour No Change Library Community and Program Room FR19 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of meetings No Fee No Change FR20 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of fundraising $68/hour No Change FR21 Individuals or Other Groups Resident $90/hour Non-Resident $108/hour No Change FR22 Commercial Uses Dublin-based Business $120/hour Non Dublin-based Business $144/hour No Change Senior Center Facility Rental - Ballroom FR23 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of meetings $46/hour No Change FR24 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of fundraising $139/hour No Change FR25 Individuals or Other Groups Resident $185/hour Non-Resident $222/hour No Change *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 6 of 14 Exhibit A 8.3.d Packet Pg. 482 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 FR26 Commercial Uses Dublin-based Business $246/hour Non Dublin-based Business $296/hour No Change Senior Center Facility Rental - Lounge FR27 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of meetings $12/hour No Change FR28 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of fundraising $36/hour No Change FR29 Individuals or Other Groups Resident $48/hour Non-Resident $58/hour No Change FR30 Commercial Uses Dublin-based Business $64/hour Non Dublin-based Business $77/hour No Change Senior Center Facility Rental - Classroom A FR31 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of meeting $9/hour No Change FR32 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of fundraising $28/hour No Change FR33 Individuals or Other Groups Resident $37/hour Non-Resident $44/hour No Change FR34 Commercial Uses Dublin-based Business $49/hour Non Dublin-based Business $59/hour No Change Senior Center Facility Rental - Meeting Room FR35 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of meeting $4/hour No Change FR36 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of fundraising $13/hour No Change FR37 Individuals or Other Groups Resident $17/hour Non-Resident $20/hour No Change FR38 Commercial Uses Dublin-based Business $22/hour Non Dublin-based Business $27/hour No Change *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 7 of 14 Exhibit A 8.3.d Packet Pg. 483 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 Shannon Center Facility Rental - Ambrose Hall FR39 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use during regular business hours - (Please refer to the Facility Use Rental Policy) Setup/Takedown Fee Only of $14 per hour per Facility Attendant. Number of Attendants dependent on facilities used and the setup needs. No Change FR40 Ambrose HallPublic Agencies, Dublin Chamber of Commerce, Dublin- based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use Outside of Regular Business Hours - (Please refer to the Facility Use Rental Policy)$85/hour No Change FR41 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of fundraising $188/hour No Change FR42 Individuals or Other Groups Resident $250/hour Non-Resident $300/hour No Change FR43 Commercial Uses Dublin-based Business $332/hour Non Dublin-based Business $400/hour No Change Shannon Center Facility Rental - Multipurpose Room FR44 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use during regular business hours - (Please refer to the Facility Use Rental Policy) Setup/Takedown Fee Only of $14 per hour per Facility Attendant. Number of Attendants dependent on facilities used and the setup needs. No Change FR45 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use outside of regular business hours - (Please refer to the Facility Use Rental Policy)$24/hour No Change FR46 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of fundraising $53/hour No Change FR47 Individuals or Other Groups Resident $70/hour Non-Resident $84/hour No Change FR48 Commercial Uses Dublin-based Business $93/hour Non Dublin-based Business $112/hour No Change *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 8 of 14 Exhibit A 8.3.d Packet Pg. 484 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 Shannon Center Facility Rental - Classroom FR49 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use during regular business hours - (Please refer to the Facility Use Rental Policy) Setup/Takedown Fee Only of $14 per hour per Facility Attendant. Number of Attendants dependent on facilities used and the setup needs. No Change FR50 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use outside of regular business hours - (Please refer to the Facility Use Rental Policy)$14/hour No Change FR51 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Use for the purpose of fundraising $23/hour No Change FR52 Individuals or Other Groups Resident $30/hour Non-Resident $36/hour No Change FR53 Commercial Uses Dublin-based Business $40/hour Non Dublin-based Business $48/hour No Change Swim Center Pool Rentals SC1 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, and Sports Leagues Pool Use Fee $34/hour No Change SC2 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, and Sports Leagues Lifeguard Fee $12/hour/lifeguard No Change SC3 Individuals or Other Groups Pool Use Fee Resident $50/hour Non-Resident $60/hour No Change SC4 Individuals or Other Groups Lifeguard Fee Resident & Non-Resident $12/hour/lifeguard No Change SC5 Commercial Groups Pool Use Fee Resident $67/hour Non-Resident $80/hour No Change SC6 Commercial Groups Lifeguard Fee Resident & Non-Resident $12/hour/lifeguard No Change Stager Gym Facility Rental FR54 Dublin Sports League Organizations, Public Agencies, Dublin Chamber of Commerce, Dublin Charitable and Social Welfare Organizations Resident Fee Only $40/hour No Change FR55 Individuals or Other Groups Resident $60/hour Non-Resident $72/hour No Change *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 9 of 14 Exhibit A 8.3.d Packet Pg. 485 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 FR56 Commercial Uses Dublin-based Business $80/hour Non Dublin-based Business $96/hour No Change Wave Rentals (Effective 12/21/16) WR1 Cabanas (3) 10'x10' structure with privacy screening, patio furniture & Cooler $60 No change WR2 Group Picnic Areas (5) shaded areas with picnic benches seating 50 $100 No change WR3 Luxury Lounges (10+) Portable shaded coverings with two lounges & cooler $40 No change WR4 Competition Pool, Natatorium, Children's Play Pool and Waterslide Tower Resident & Non-Profit $1,200 Non-Resident $1,440 Commercial $1,750 No change WR5 Children's Play Pool Resident & Non-Profit $330 Non-Resident $400 Commercial $500 No change WR6 Lower Level of Tower Resident & Non-Profit $380 Non-Resident $460 Commercial $560 No change WR7 Full Waterslide Tower Resident & Non-Profit $450 Non-Resident $540 Commercial $680 No change WR8 Natatorium Rental Resident & Non-Profit $280 Non-Resident $540 Commercial $680 No change WR9 Competition Pool Rental (during normal business hours) Resident & Non-Profit $280 Non-Residential $340 Commercial $410 No change WR10 Community Room Rental Resident & Non-Profit $170 Non-Resident $200 Commercial $260 No change WR11 Picnic Area Rental (added to other rental)Add-on Amenity, Flat $25/hr No change WR12 Additional Staff Add-on Staffing Charge where appropriate, Flat $30/hr No change Other Amenities & Services Pool/Amenity Rentals Shaded Space Rentals *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 10 of 14 Exhibit A 8.3.d Packet Pg. 486 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 WR13 Other Amenities & Services Amenity Charge/Additional Set-up Fee Add-on Facility Usee Fee where appropriate for use of amenities such as PA, Scoreboard, Water Polo Configuration, or other recreational amenities not included in standard rental fees No change *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 11 of 14 Exhibit A 8.3.d Packet Pg. 487 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 WR14 Wave Locker Fees Locker fees for the storage of guest items.Storage fee based on locker size $5-$15 No change Section 10.4: Parks & Recreation Program Fees - Picnic Area Rental Fees** Emerald Glen Park Picnic Area Rentals PR1 Emerald Glen Park - Area A (seats 56) $23/day Use for the Purpose of Fundraising $53/day No Change PR2 Emerald Glen Park - Area B (seats 48) $20/day Use for the Purpose of Fundraising $45/day No Change PR3 Emerald Glen Park - Area C (seats 96) $40/day Use for the Purpose of Fundraising $90/day No Change PR4 Emerald Glen Park - Areas ABC (seats 200) $83/day Use for the Purpose of Fundraising $188/day No Change PR5 Emerald Glen Park - Area D (seats 36) $15/day Use for the Purpose of Fundraising $34/day No Change PR6 Emerald Glen Park - Area E (seats 24) $10/day Use for the Purpose of Fundraising $23/day No Change PR7 Emerald Glen Park - Area A (seats 56)Resident $70/day Non-Resident $84/day No Change PR8 Emerald Glen Park - Area B (seats 48)Resident $60/day Non-Resident $72/day No Change PR9 Emerald Glen Park - Area C (seats 96)Resident $120/day Non-Resident $144/day No Change PR10 Emerald Glen Park - Areas ABC (seats 200)Resident $250/day Non-Resident $300/day No Change PR11 Emerald Glen Park - Area D (seats 36)Resident $45/day Non-Resident $54/day No Change PR12 Emerald Glen Park - Area E (seats 24)Resident $30/day Non-Resident $36/day No Change Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Individuals or Other Groups *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 12 of 14 Exhibit A 8.3.d Packet Pg. 488 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 PR13 Commercial Uses Emerald Glen Park - Area A (seats 56) Dublin-based Business $93/day Non Dublin-based Business $112/day No Change PR14 Emerald Glen Park - Area B (seats 48) Dublin-based Business $80/day Non Dublin-based Business $96/day No Change PR15 Emeral Glen Park - Area C (seats 96) Dublin-based Business $160/day Non Dublin-based Business $192/day No Change PR16 Emerald Glen Park - Areas ABC (seats 200) Dublin-based Business $333/day Non Dublin-based Business $400/day No Change PR17 Emerald Glen Park - Area D (seats 36) Dublin-based Business $60/day Non Dublin-based Business $72/day No Change PR18 Emerald Glen Park - Area E (seats 24) Dublin-based Business $40/day Non Dublin-based Business $48/day No Change Kolb Park Picnic Area Rentals PR19 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Kolb Park - Area A (seats 48) $20/day Use for the Purpose of Fundraising $45/day No Change PR20 Individuals or Other Groups Kolb Park - Area A (seats 48)Resident $60/day Non-Resident $72/day No Change PR21 Commercial Uses Kolb Park - Area A (seats 48) Dublin-based Business $80/day Non Dublin-based Business $96/day No Change Schaefer Ranch Park Picnic Area Rentals PR22 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues Schaefer Ranch Park - Area A (seats 64) $27/day Use for the Purpose of Fundraising $61/day No Change PR23 Individuals or Other Groups Schaefer Ranch Park - Area A (seats 64)Resident $80/day Non-Resident $96/day No Change PR24 Commercial Uses Schaefer Ranch Park - Area A (seats 64) Dublin-based Business $106/day Non Dublin-based Business $128/day No Change Commercial Uses Commercial Uses *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 13 of 14 Exhibit A 8.3.d Packet Pg. 489 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s #Item / Service Description / Unit Fees through 6/30/17 Fee Effective 7/1/17 Section 10.5: Parks & Recreation Program Fees - Sports Fields Rental Fees** SR1 Public Agencies, Dublin Youth Sports Leagues Sports Fields Rental - Turf Field $7/hour No Change SR2 Public Agencies, Dublin Youth Sports Leagues Sports Fields Rental - Synthetic Turf Field $25/hour No Change SR3 Public Agencies, Dublin Youth Sports Leagues Sports Fields Rental - Lighting Charge per hour $25.40/hour No Change SR4 Dublin Adult Sports Leagues, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations Sports Fields Rental - Turf Field $16.80/hour No Change SR5 Dublin Adult Sports Leagues, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations Sports Fields Rental - Synthetic Turf Field $50/hour No Change SR6 Dublin Adult Sports Leagues, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations Sports Fields Rental - Lighting Charge per hour $27.20/hour No Change SR7 Individual or Other Groups Sports Fields Rental - Turf Field Resident $21/hour Non-Resident $25.20/hour No Change SR8 Individual or Other Groups Sports Fields Rental - Synthetic Turf Field Resident $62.50/hour Non-Resident $104.70/hour No Change SR9 Individual or Other Groups Sports Fields Rental - Lighting Charge per hour Resident $34/hour Non-Resident $40.80/hour No Change SR10 Commercial Uses Sports Fields Rental - Turf Field Resident $33.60/hour Non-Resident $40.30/hour No Change SR11 Commercial Uses Sports Fields Rental - Synthetic Turf Field Resident $100/hour Non-Resident $250/hour No Change SR12 Commercial Uses Sports Fields Rental - Lighting Charge per hour Resident $54.40/hour Non-Resident $65.30/hour No Change Tennis Court Rentals TR1 Public Agencies, Dublin Chamber of Commerce, Dublin-based Charitable and Social Welfare Organizations, Homeowners Associations, and Sports Leagues $5/hour/Court No Change TR2 Individuals or Other Groups Resident $10/hour/Court Non-Resident $12/hour/Court No Change TR3 Commercial Uses Dublin-based Business $15/hour/Court Non Dublin-based Business $18/hour/Court No Change For all Facility Rentals, Picnic Area Rentals and the Sports Field Rentals a late charge and cancellation fees along with a security deposit will be charged in addition to the above fees. For Tournaments, an hourly Facility Attendant fee in addition to the rental fees will be charged. Please refer to the Sports Fields Use Policy for more information. *Local Fees and Charges not subject to annual adjustment based on Consumer Price Index (CPI) **Fees and Charges established by separate ordinance, State Law, or another agency and not subject to CPI adjustment Page 14 of 14 Exhibit A 8.3.d Packet Pg. 490 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n - F i s c a l Y e a r 2 0 1 7 - 1 8 P a r k s a n d C o m m u n i t y S e r v i c e s Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: July 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Review of Capital Improvement Program - Future Projects and Future Funding Needs Prepared by: Linda Smith, Assistant City Manager EXECUTIVE SUMMARY: The City Council will receive a report on the future projects identified in the City’s Capital Improvement Program, with a specific focus on projects outside the current five - year time frame with the General Fund as the funding source and current projects with future funding needs outside of the five -year time frame. Staff is also making recommendations, for City Council discussion, whether to continue with or discontinue certain capital projects. STAFF RECOMMENDATION: Receive the report and provide direction to Staff on the proposed recommendations to keep and/or delete certain capital projects. FINANCIAL IMPACT: There is no financial impact associated with this item. DESCRIPTION: During this past budget process, the City Council requested a report be brought back to discuss the future projects included in the City’s Capital Improvement Program. Every other year, in conjunction with the City’s two -year budget, the City develops its rolling five-year Capital Improvement Program. The Capital Improvement Program identifies needed projects within the five-year horizon for the purpose of fulfilling some infrastructure need and requirements, whether it is general improvements, parks and facilities, streets, or other community improvements. The Capital Improvement Program includes not only the current projects proposed in the next five years, but those that are considered “Future Projects,” meaning those projects which are not anticipated to commence in the next five-year period but that are anticipated at some point in the future. This is distinct and different from projects that 8.4 Packet Pg. 491 Page 2 of 4 have or are planning to commence in the current five -year period but have funding requirements outside of the current five-year period. Staff will provide a review and analysis of future funding needs for projects included in the CURRENT five -year plan and for future projects as identified OUTSIDE of the five-year timeframe. Further, these projects - both current and future - include a variety of funding sources. The focus of this report will be on the projects that identify or anticipate the General Fund as the funding source. CAPITAL IMPROVEMENT PROGRAM – 2016-2021 (ADOPTED MAY 2016) 1. FUTURE GENERAL FUND NEEDS WITHIN CURRENT CAPITAL IMPROVEMENT PROGRAM Dublin Crossing Community Park The existing Dublin Crossing Community Park Master Plan includes 30 acres of developed parkland, including Chabot Creek. The funding listed here is a placeholder for the amount of funds not covered in the City’s Public Facility Fee program. Further, the developer has agreed to construct the park via a Development Agreement amendment and any cost savings from that will result in less need from the General Fund amount listed here. $2,478,858 Dublin Heritage Park Cemetery Improvements This project is a two-phased project. The current phase (restoration and renovation of existing facilities) is anticipated to be constructed within the five-year timeframe and totals approximately $1.5 million. The first phase is not included in the funding listed. The funding listed is for a future, second phase of the cemetery, which includes the acquisition of land and the placement of in ground burial plots (34) and cremation vaults (200), low columbarium niches (375), and 1,860 high columbarium niches. $5,533,480 Anticipated General Fund Contribution: $8,012,338 2. FUTURE PROJECTS OUTSIDE OF THE FIVE YEAR TIMEFRAME WITH ANTICIPATED/REQUIRED GENERAL FUND CONTRIBUTION City Entrance Sign Modifications Installation and replacement of entrance signs (Village Parkway at Kimball Ave.; San Ramon Road at Alcosta Road; Fallon Road at Dublin Blvd.; Dougherty Road at City limits; at Schaffer Ranch entrance; and Dublin Blvd. east of Fallon Road). $125,000 Dublin Heritage Park and Museums Design and construction of two additional phases, including the Orchard Garden Phase ($5,099,000) and Freshwater Corner Phase ($2,474,000) as identified in the Park’s master plan. $7,573,000 8.4 Packet Pg. 492 Page 3 of 4 Dublin Sports Grounds - Phase 5 Renovation Includes renovation of large area to add drainage system, irrigation upgrades and new turf. Scope is largely dependent on the updated master plan currently underway. $1,500,000 Dublin Swim Center Replacement Design and construction of a replacement facility in conjunction with Dublin Unified School District’s plans for aquatic facilities at Dublin High School. $5,000,000 Anticipated General Fund Contribution: $14,198,000 Analysis of Current Projects with Future General Fund Needs The two current CIP projects identified above account for the use of over $8 million in General Fund revenues. For Dublin Crossing Community Park, Staff believes that the recent decision by the City Council to allow the developer to construct the park will result in decreasing the use of the General Fund; however the City will not have an idea of any cost savings until the project construction drawings and estimating is completed by the developer. At this time, Staff recommends that these funds should rem ain as a placeholder and utilize, if needed, the existing General Fund Reserve for the Public Facility Fee program (current balance of $6 million) should it be necessary to contribute to the project. Regarding the Dublin Heritage Cemetery Improvements, Staff believes that additional feasibility analysis would be necessary to determine whether it makes economic sense for the City to fully enter into the cemetery business. Based on Staff’s review of some initial feasibility analysis from some years back, the focus was on the capital cost of acquisition, construction and the market for these services. Staff believes more review is necessary on the financial viability of the City entering into expanded cemetery operations given the City’s 10-year forecast of deficit spending absent this effort. Staff believes that review could be completed within the next six to 12 months. Analysis of Future Projects Outside of the Five -Year Timeframe with General Fund Needs The four projects would require a General Fund contribution of over $14 million. For the City Entrance Signs, this is a relatively minor expense to bring entry monuments into today’s streetscape standards and add monuments at other key entry points into the community. These are listed in the Capital Im provement Program, although one could argue that these are ongoing, operational expenses for a developing community. Staff would not recommend that the City Council modify or take any action on this CIP. For the two additional phases at Dublin Heritage Park and Museums, Staff would recommend that the City Council consider modifying the Heritage Park and Museums Master Plan and excluding these elements from the Park. If the City Council were 8.4 Packet Pg. 493 Page 4 of 4 interested in that option, Staff could complete the update to th e Master Plan in the next six months. For the Dublin Sports Ground Renovation - Phase 5, Staff would recommend that the funding to upgrade this sports facility remain as is. This facility does need an infusion of investment to address long standing issues with drainage and fields. Currently, the City’s updated Master Plan for the Park is ongoing and will identify a final program for the facility. For the Dublin Swim Center Replacement, Staff would recommend that the City Council remove this from the Capital Improvement Program for several reasons. First, this was envisioned to augment an existing aquatic facility at Dublin High which would be made available for public use. However, Dublin Unified School District has tabled the project due to other construction priorities. Secondly, even when there were plans to proceed at some point in the future, the project discussed would be interior to the school property, making it challenging for public use. Lastly, the operational complexity of running two swim facilities during the peak summer season would strain City resources and adversely affect attendance and operations at The Wave. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Captial Improvement Program 2016-2021 8.4 Packet Pg. 494 8.4.a Packet Pg. 495 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Th i s p a g e i n t e n t i o n a l l y l e f t b l a n k 8.4.a Packet Pg. 496 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Ad o p t e d F i v e - Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m 2016-2021 June 2016 David Haubert, Mayor Ab e G u p t a , Vice Mayor Do n B i d d l e , Council Member Ke v i n H a r t , Council Member Do r e e n W e h r e n b e r g , Council Member Su b m i t t e d b y : C h r i s t o p h e r L . F o s s , City Manager 8.4.a Packet Pg. 497 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Th i s p a g e i n t e n t i o n a l l y l e f t b l a n k 8.4.a Packet Pg. 498 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Co n t e n t s C i t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 v Co n t e n t s SU M M A R Y S C H E D U L E S .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................... 9 HI G H L I G H T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................. 9 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – G E N ER A L I M P R O V E M E N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................................... 11 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – C O M MU N I T Y I M P R O V E M E N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................ 12 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – P A R KS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................... 13 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – S T R EE T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................... 15 GE N E R A L I M P R O V E M E N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...................................... 17 SU M M A R Y O F P R O J E C T S C O M P L E T E D I N F I S C A L Y E A R 2 0 1 5 - 1 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................. 17 LO C A T I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. 18 CI V I C C E N T E R M O D I F I C A T I O N D E S I G N & C O N S T R U C T I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................. 19 AN N U A L A D A T R A N S I T I O N P L A N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................... 20 PU B L I C S A F E T Y C O M P L E X - P O L I C E S E R V I C E S B U I L D I N G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................. 21 CO M M U N I T Y I M P R O V E M E N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................... 23 SU M M A R Y O F P R O J E C T S C O M P L E T E D I N F I S C A L Y E A R 2 0 1 5 - 1 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................. 23 LO C A T I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. 24 SA N R A M O N R O A D L A N D S C A P E R E N O V A T I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 AN N U A L S I D E W A L K R E P A I R P R O G R A M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................ 26 PA R K S .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................ 27 SU M M A R Y O F P R O J E C T S C O M P L E T E D I N F I S C A L Y E A R 2 0 1 5 - 1 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................. 27 LO C A T I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. 28 EM E R A L D G L E N R E C R E A T I O N & A Q U A T I C C O M P L E X – P H A S E I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................... 29 8.4.a Packet Pg. 499 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Co n t e n t s C i t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 vi DU B L I N C R O S S I N G C O M M U N I T Y P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................. 30 DU B L I N H E R I T A G E P A R K C E M E T E R Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................... 31 SE A N D I A M O N D P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 LI B R A R Y I M P R O V E M E N T – C E N T E R F O R 2 1 S T C E N T U R Y S K I L L S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................... 33 SH A N N O N C E N T E R P A R K I N G L O T I M P R O V E M E N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................... 34 FA L L O N S P O R T S P A R K – P H A S E I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................... 35 DU B L I N S P O R T S G R O U N D S R E N O V A T I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... 37 JO R D A N R A N C H N E I G H B O R H O O D P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. 38 PU B L I C A R T – F A L L O N S P O R T S P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................... 39 DU B L I N R A N C H S U B A R E A 3 P A R K S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 40 WA L L I S R A N C H C O M M U N I T Y P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................... 41 MO L L E R R A N C H N E I G H B O R H O O D S Q U A R E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 42 PU B L I C A R T – M O L L E R R A N C H N E I G H B O R H O O D S Q U A R E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................ 43 PU B L I C A R T – D U B L I N C R O S S I N G C O M M U N I T Y P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......................................... 44 PU B L I C A R T – J O R D A N R A N C H N E I G H B O R H O O D P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................................... 45 PU B L I C A R T – S E A N D I A M O N D P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................... 46 PU B L I C A R T – D U B L I N R A N C H S U B A R E A 3 C O M M U N I T Y P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......................... 47 PU B L I C A R T – P U B L I C S A F E T Y C O M P L E X – P O L I C E S E R V I C E S B U I L D I N G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 48 ST R E E T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 49 SU M M A R Y O F P R O J E C T S C O M P L E T E D I N F I S C A L Y E A R 2 0 1 5 - 1 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................. 49 LO C A T I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. 50 TA S S A J A R A R O A D R E A L I G N M E N T & W I D E N I N G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 DU B L I N B O U L E V A R D E X T E N S I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......................... 52 VI L L A G E P A R K W A Y & B R I G H T O N D R I V E T R A F F I C S I G N A L U P G RA D E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... 53 SA N R A M O N R O A D T R A I L I M P R O V E M E N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... 54 8.4.a Packet Pg. 500 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Co n t e n t s C i t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 vii CI T Y W I D E S T R E E T S T O R M D R A I N C O N D I T I O N A S S E S S M E N T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................... 55 TR A F F I C S I G N I N V E N T O R Y A N D S A F E T Y R E V I E W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 CI T Y W I D E S I G N A L C O M M U N I C A T I O N S U P G R A D E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 CI T Y I R R I G A T I O N I M P R O V E M E N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................... 58 AM A D O R P L A Z A R O A D B I C Y C L E A N D P E D E S T R I A N I M P R O V E M E N TS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ 59 DO U G H E R T Y R O A D I M P R O V E M E N T S S I E R R A L A N E T O N O R T H C I TY L I M I T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 DU B L I N B O U L E V A R D I M P R O V E M E N T S – S I E R R A C T T O D U B L I N C O U R T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 62 ST O R M D R A I N B Y P A S S S A N R A M O N R O A D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... 64 ST O R M D R A I N T R A S H C A P T U R E P R O J E C T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ 65 AN N U A L S T R E E T O V E R L A Y P R O G R A M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................. 66 AN N U A L S L U R R Y S E A L P R O G R A M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................... 67 DU B L I N R A N C H S T R E E T L I G H T P O L E P A I N T I N G P R O J E C T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................ 68 AN N U A L S T R E E T R E S U R F A C I N G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................. 69 SA N R A M O N R O A D A R T E R I A L M A N A G E M E N T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 70 AM A D O R V A L L E Y B L V D - W I L D W O O D R D I N T E R S E C T I O N I M P R O V E ME N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 71 CI T Y W I D E B I C Y C L E & P E D E S T R I A N I M P R O V E M E N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......................................... 72 DU B L I N R A N C H S T R E E T L I G H T I M P R O V E M E N T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 FU T U R E P R O J E C T S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 75 LO C A T I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. 77 CI V I C C E N T E R L I B R A R Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................ 78 CI T Y E N T R A N C E S I G N M O D I F I C A T I O N S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. 78 CU L T U R A L A R T S C E N T E R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................................... 79 DU B L I N H E R I T A G E P A R K A N D M U S E U M S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ 79 DU B L I N S P O R T S G R O U N D S – P H A S E 5 R E N O V A T I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................................... 80 FA L L O N S P O R T S P A R K – P H A S E I I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......................... 80 8.4.a Packet Pg. 501 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Co n t e n t s C i t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 viii CR O A K N E I G H B O R H O O D P A R K W E S T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. 81 CR O A K N E I G H B O R H O O D P A R K E A S T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................... 81 JO R D A N R A N C H C O M M U N I T Y P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...................... 82 JO R D A N R A N C H N E I G H B O R H O O D S Q U A R E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 82 IR O N H O R S E N A T U R E P A R K A N D O P E N S P A C E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 83 DU B L I N S W I M C E N T E R R E P L A C E M E N T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................ 83 EM E R A L D G L E N R E C R E A T I O N & A Q U A T I C C E N T E R P H A S E 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................... 84 PU B L I C A R T – H E R I T A G E P A R K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................... 84 8.4.a Packet Pg. 502 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Su m m a r y S c h e d u l e s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 9 SU M M A R Y S C H E D U L E S HI G H L I G H T S Th e f o l l o w i n g s c h e d u l e s p r o v i d e a n o v e r v i e w o f t h e fi n a n c i a l i n f o r m a t i o n c o n t a i n e d i n t h e P r o p o s e d F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 20 2 1 . Th e f i r s t s u m m a r y s c h e d u l e h i g h l i g h t s e x p e n d i t u r e s by p r o g r a m a r e a f o r a l l p r o j e c t s a n d i d e n t i f i e s t h e f i n a n c i n g c a t e g o r y u s e d f o r t h e p r o j e c t s . T h e fo l l o w i n g f i n a n c i a l s c h e d u l e s p r o v i d e i n f o r m a t i o n b y m a j o r p r o g r a m a r e a ( G e n e r a l I m p r o v e m e n t s , C o m m u n i ty I m p r o v e m e n t s , P a r k s a n d S t r e e t s ) a s we l l a s s e p a r a t e s c h e d u l e s l i s t i n g u n f u n d e d o r F u t u re P r o j e c t s . A d d i t i o n a l d e t a i l s a b o u t e a c h p r o j e c t a r e l o c a t e d i n t h e c o r r e s p o n d i n g p r o g r a m a r e a . SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M - A L L FUNDS PR O J E C T S PR I O R YE A R S 20 1 5 - 2 0 1 6 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTAL Ge n e r a l I m p r o v e m e n t s $ 3 1 , 7 9 5 , 3 7 7 $1 8 , 2 6 9 , 1 4 5 $ 5 0 , 0 6 4 , 5 2 2 Co m m u n i t y Im p r o v e m e n t s $ 8 9 , 7 6 3 $4 8 2 , 9 1 2 $ 5 7 2 , 6 7 5 Pa r k s $ 1 2 , 4 7 7 , 5 2 4 $5 0 , 9 5 7 , 8 5 0 $1 2 , 2 5 1 , 4 7 6 $9 , 9 3 7 , 2 8 9 $1 , 3 2 9 , 5 2 8 $1 2 , 4 9 6 , 1 9 6 $1 , 1 8 5 , 3 0 0 $11,657,676 $112,292,839 St r e e t s $ 7 , 4 3 3 , 8 1 9 $1 6 , 9 9 7 , 8 8 2 $1 6 , 6 5 2 , 7 2 3 $7 , 0 9 4 , 4 2 2 $3 , 2 5 9 , 0 6 0 $5 , 6 3 4 , 4 6 0 $1 1 , 4 4 8 , 4 6 0 $91,849,000 $160,369,826 TO T A L C O S T $5 1 , 7 9 6 , 4 8 3 $8 6 , 7 0 7 , 7 8 9 $2 8 , 9 0 4 , 1 9 9 $1 7 , 0 3 1 , 7 1 1 $4 , 5 8 8 , 5 8 8 $1 8 , 1 3 0 , 6 5 6 $1 2 , 6 3 3 , 7 6 0 $103,506,676 $323,299,862 8.4.a Packet Pg. 503 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Su m m a r y S c h e d u l e s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 10 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – A L L F U N D S C O N T I N U E D PR I O R YE A R S 2 0 1 5 - 1 6 2 0 1 6 - 1 7 2 0 1 7 - 1 8 2 0 1 8 - 1 9 2 0 1 9 - 2 0 2 0 2 0 - 2 1 FUTURE YEARSTOTAL FI N A N C I N G 10 0 1 - G e n e r a l F u n d $1 9 , 1 4 3 , 3 0 4 $ 8 , 8 6 0 , 6 0 9 $ 4 5 9 , 5 1 0 $ 1 , 5 6 7 , 5 1 9 $ 1 0 8 , 0 0 0 $ 1 0 8 ,0 0 0 $ 1 0 8 , 0 0 0 $ 5 , 5 3 3 , 4 8 0 $ 3 5 , 8 8 8 , 4 2 2 10 0 5 - C o m m u n i t y B e n e f i t P a y m e n t ( G F ) $1 , 8 0 0 , 0 0 0 $1,800,000 21 0 6 - T r a f f i c S a f e t y $1 3 3 , 9 2 3 $133,923 22 0 1 - S t a t e G a s T a x $7 6 6 , 9 7 3 $ 1 , 8 7 0 , 6 9 5 $ 1 , 0 4 1 , 1 2 8 $ 9 2 0 , 0 0 0 $ 9 2 0 , 0 0 0 $ 9 2 0 , 0 0 0 $ 9 2 0 , 0 0 0 $ 7 , 3 5 8 , 7 9 6 22 0 2 - F e d e r a l T r a n s p o r t a t i o n G r a n t $ 4 0 4 , 3 9 6 $ 6 5 , 6 0 4 $470,000 22 0 3 - T r a n s p o r t a t i o n D e v e l o p m e n t A c t $ 2 0 7 , 1 9 0 $ 3 3 , 3 1 1 $240,501 22 0 4 - M e a s u r e B S a l e s T a x - L o c a l S t r e e t s F u n d $ 6 9 5 ,4 3 6 $ 1 , 1 1 5 , 8 4 9 $ 5 5 0 , 0 0 0 $ 4 3 5 , 0 0 0 $ 7 6 0 , 0 0 0 $ 7 6 0 , 0 0 0 $ 7 6 0 , 00 0 $ 5 , 0 7 6 , 2 8 5 22 0 5 - M e a s u r e B S a l e s T a x - B i k e & P e d e s t r i a n F u n d $4 5 , 3 8 1 $ 1 1 0 , 0 0 0 $ 2 5 0 , 6 8 0 $ 1 9 4 , 6 0 0 $ 1 9 , 6 0 0 $620,261 22 0 7 - T r a n s p o r t a t i o n f o r C l e a n A i r $7 5 , 6 3 3 $ 1 4 6 , 3 5 2 $221,985 22 0 8 - C o n g e s t i o n M a n a g e m e n t A g e n c y $6 2 1 , 5 1 3 $621,513 22 1 2 - V e h i c l e R e g i s t r a t i o n F e e $ 3 2 7 , 6 1 1 $ 2 4 3 , 5 2 0 $ 4 0 , 84 0 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $ 7 7 5 , 3 3 1 22 1 4 - M e a s u r e B B S a l e s T a x - L o c a l S t r e e t s F u n d $6 2 3 , 6 0 0 $ 5 4 5 , 0 0 0 $ 2 0 0 , 0 0 0 $ 2 0 0 , 0 0 0 $ 2 0 0 , 0 0 0 $ 1 , 7 6 8 , 6 0 0 22 1 5 - M e a s u r e B B S a l e s T a x - B i k e & P e d e s t r i a n F u n d $2 8 , 0 0 0 $ 1 2 1 , 6 0 0 $ 2 1 , 6 0 0 $ 2 1 , 6 0 0 $ 2 1 , 6 0 0 $ 2 1 4 , 4 0 0 22 1 6 - M e a s u r e B G r a n t s $6 , 2 6 7 , 0 0 0 $6,267,000 22 1 7 - M e a s u r e B B G r a n t s $1 0 , 7 7 3 , 0 0 0 $ 3 , 1 0 0 , 0 0 0 $ 2 0 0 , 0 0 0 $ 1 , 4 4 6 , 0 0 0 $ 7 , 9 6 0 , 0 0 0 $ 2 3,479,000 23 0 2 - M e a s u r e D $3 , 0 0 0 $ 8 0 , 0 0 0 $83,000 23 0 4 - L o c a l R e c y c l i n g P r o g r a m s $8 6 , 0 0 0 $86,000 23 2 1 - S t o r m W a t e r M a n a g e m e n t $ 1 2 2 , 9 6 9 $ 7 3 6 , 5 3 7 $859,506 24 0 2 - E a s t B a y R e g i o n a l P a r k D i s t r i c t $ 1 5 6 , 5 4 9 $156,549 27 0 5 - S t r e e t L i g h t D i s t r i c t E a s t D u b l i n 1 9 9 9 - 1 $ 3 2 4 ,2 9 7 $ 6 8 , 3 4 9 $ 3 5 1 , 4 5 0 $ 3 8 , 0 2 0 $ 3 8 , 0 2 0 $ 3 8 , 0 2 0 $ 3 8 , 0 2 0 $ 8 9 6 ,176 28 0 1 - P u b l i c A r t F u n d $1 0 5 , 4 7 7 $ 4 3 2 , 3 9 1 $ 5 1 2 , 0 4 6 $ 3 4 6 , 5 7 3 $ 3 2 5 , 5 5 0 $ 1 0 , 0 0 0 $ 1 , 7 32,037 28 1 1 - C a b l e T V F a c i l i t i e s $3 2 5 , 0 0 0 $325,000 29 0 4 - H o u s i n g - R e l a t e d P a r k s G r a n t F u n d $5 9 9 , 0 2 5 $599,025 41 0 0 - P u b l i c F a c i l i t y F e e s $1 3 , 8 4 2 , 3 1 5 $ 4 2 , 3 8 4 , 5 2 2 $ 8 , 7 8 9 , 3 4 4 $ 4 , 9 5 3 , 5 9 6 $ 2 9 1 , 1 5 4 $ 8, 9 2 3 , 3 0 6 $ 5 3 4 , 9 2 4 $ 7 9 , 7 1 9 , 1 6 1 43 0 1 - T r a f f i c I m p a c t F e e - C a t e g o r y 1 $5 2 0 , 0 0 0 $ 4 9 5 , 0 0 0 $ 8 5 1 , 0 0 0 $ 2 , 0 0 0 , 0 0 0 $ 1 , 3 0 0 , 0 0 0 $ 5 , 1 6 6 , 000 43 0 2 - T r a f f i c I m p a c t F e e - C a t e g o r y 2 $2 5 7 , 7 6 0 $ 1 , 4 8 7 , 6 5 8 $ 1 , 0 9 6 , 3 6 2 $2,841,780 43 0 3 - T r a f f i c I m p a c t F e e - C a t e g o r y 3 $ 1 , 1 5 9 , 0 0 0 $1,159,000 43 0 4 - T r a f f i c I m p a c t F e e - D o w n t o w n $ 4 3 , 0 6 7 $ 9 3 9 , 6 7 0 $1 0 0 , 0 0 0 $ 1 0 0 , 0 0 0 $ 1 0 0 , 0 0 0 $ 1 , 2 8 2 , 7 3 7 43 0 5 - T r a f f i c I m p a c t F e e - D o u g h e r t y V a l l e y $ 1 , 0 1 8 , 60 1 $ 1 , 9 9 2 , 1 3 0 $3,010,731 43 0 9 - M i t i g a t i o n C o n t r i b u t i o n s $ 1 , 8 2 4 , 0 2 8 $ 3 3 6 , 5 5 6 $2,160,584 44 0 1 - D u b l i n C r o s s i n g F u n d $6 9 , 0 2 6 $ 1 5 , 0 4 9 , 8 5 4 $ 9 8 9 , 2 3 3 $ 3 , 1 7 7 , 6 0 1 $ 7 1 2 , 8 2 4 $ 3 , 5 7 2 , 89 0 $ 6 4 0 , 3 7 6 $ 3 , 6 4 5 , 3 3 8 $ 2 7 , 8 5 7 , 1 4 2 62 0 5 - I n t e r n a l S e r v i c e F u n d - F a c i l i t i e s R e p l a c e m e nt $ 4 , 6 8 9 , 2 8 5 $4,689,285 63 0 5 - I n t e r n a l S e r v i c e F u n d - E q u i p m e n t $ 1 8 1 , 5 2 1 $ 7 6 ,5 1 4 $258,035 71 0 1 - E n e r g y E f f i c i e n t C a p i t a l L e a s e $ 6 , 6 6 7 , 0 5 7 $ 8 8 , 76 7 $6,755,824 - O t h e r $1 , 0 0 0 , 0 0 0 $1,000,000 - U n i d e n t i f i e d $94,327,858$94,327,858 - D e v e l o p e r B u i l t $1 , 6 1 7 , 0 5 7 $ 1 , 7 8 1 , 3 5 8 $3,398,415 TO T A L F I N A N C I N G $ 5 1 , 7 9 6 , 4 8 3 $ 8 6 , 7 0 7 , 7 8 9 $ 2 8 , 9 0 4 , 1 9 9 $ 1 7, 0 3 1 , 7 1 1 $ 4 , 5 8 8 , 5 8 8 $ 1 8 , 1 3 0 , 6 5 6 $ 1 2 , 6 3 3 , 7 6 0 $ 1 0 3 , 5 0 6 , 6 76$323,299,862 8.4.a Packet Pg. 504 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Su m m a r y S c h e d u l e s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 11 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – G E N ER A L I M P R O V E M E N T S PR I O R YE A R S 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 020-2021FUTUREYEARSTOTAL $3 , 6 3 2 , 1 7 3 $ 3 5 8 , 1 1 8 $3,990,291 $3 1 , 8 5 7 $ 1 , 9 6 8 , 1 4 3 $2,000,000 $1 8 1 , 9 3 1 $ 2 1 6 , 1 0 3 $398,034 $7 , 4 3 2 , 3 7 1 $7,432,371 $9 1 , 7 5 6 $ 1 3 0 , 7 4 5 $222,501 $9 , 7 3 0 , 7 1 0 $ 2 5 0 , 0 2 3 $9,980,733 $1 0 2 , 3 2 9 $ 3 0 1 , 0 0 3 $403,332 $1 0 , 5 6 9 , 8 5 0 $10,569,850 $1 5 , 0 0 0 , 0 0 0 $15,000,000 $2 2 , 4 0 0 $ 4 5 , 0 1 0 $67,410 TO T A L C O S T $3 1 , 7 9 5 , 3 7 7 $ 1 8 , 2 6 9 , 1 4 5 $50,064,522 FI N A N C I N G $1 8 , 3 4 9 , 9 1 1 $ 2 , 8 7 3 , 0 5 7 $21,222,968 $3 , 0 0 0 $3,000 $2 7 1 , 5 0 4 $271,504 $3 2 5 , 0 0 0 $325,000 $1 , 8 3 5 , 8 6 1 $1,835,861 $1 5 , 0 0 0 , 0 0 0 $15,000,000 $4 , 6 8 9 , 2 8 5 $4,689,285 $9 2 , 0 4 7 $ 7 1 , 0 8 8 $163,135 $6 , 5 5 3 , 7 6 9 $6,553,769 TO T A L F I N A N C I N G $3 1 , 7 9 5 , 3 7 7 $ 1 8 , 2 6 9 , 1 4 5 $50,064,522 71 0 1 - E n e r g y E f f i c i e n t C a p i t a l L e a s e 27 0 5 - S t r e e t L i g h t D i s t r i c t E a s t D u b l i n 1 9 9 9 - 1 28 1 1 - C a b l e T V F a c i l i t i e s 41 0 0 - P u b l i c F a c i l i t y F e e s 44 0 1 - D u b l i n C r o s s i n g F u n d 62 0 5 - I n t e r n a l S e r v i c e F u n d - F a c i l i t i e s R e p l a c e m e nt GI 0 1 1 6 - P u b l i c S a f e t y C o m p l e x - P o l i c e S e r v i c e s B u il d i n g An n u a l - A n n u a l A D A T r a n s i t i o n P l a n 10 0 1 - G e n e r a l F u n d 23 0 2 - M e a s u r e D 63 0 5 - I n t e r n a l S e r v i c e F u n d - E q u i p m e n t GI 0 9 1 3 - E n e r g y U p g r a d e GI 3 5 1 3 - G e o g r a p h i c I n f o r m a t i o n S y s t e m GI 0 5 0 9 - M a i n t e n a n c e Y a r d F a c i l i t y I m p r o v e m e n t s GI 3 0 1 4 - N e t w o r k S y s t e m U p g r a d e GI 0 7 1 2 - P u b l i c S a f e t y C o m p l e x SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M - G E N ER A L I M P R O V E M E N T S Pr o j e c t N u m b e r & N a m e GI 4 0 9 9 C i v i c C e n t e r M o d i f i c a t i o n D e s i g n a n d C o n s t r u ct i o n GI 0 1 1 5 - C i v i c C e n t e r P o l i c e W i n g R e n o v a t i o n GI 0 6 1 1 - E l e c t r o n i c A g e n d a S y s t e m 8.4.a Packet Pg. 505 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Su m m a r y S c h e d u l e s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 12 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – C O M MU N I T Y I M P R O V E M E N T S PR I O R YE A R S 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 020-2021FUTURE YEARSTOTAL $4 0 5 $ 2 3 8 , 6 6 0 $239,065 $8 9 , 3 5 8 $ 2 4 4 , 2 5 2 $333,610 TO T A L C O S T $8 9 , 7 6 3 $ 4 8 2 , 9 1 2 $572,675 FI N A N C I N G $8 9 , 7 6 3 $ 4 8 2 , 9 1 2 $572,675 TO T A L F I N A N C I N G $8 9 , 7 6 3 $ 4 8 2 , 9 1 2 $572,675 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M - C O M MU N I T Y I M P R O V E M E N T S Pr o j e c t N u m b e r & N a m e CI 0 1 1 4 - S a n R a m o n R o a d L a n d s c a p e R e n o v a t i o n An n u a l - A n n u a l S i d e w a l k S a f e t y R e p a i r P r o g r a m 10 0 1 - G e n e r a l F u n d 8.4.a Packet Pg. 506 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Su m m a r y S c h e d u l e s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 13 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – P A R KS PR I O R YE A R S 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 020-2021FUTUREYEARSTOTAL $9 7 , 2 2 0 $ 7 0 , 2 2 8 $ 1 , 3 9 3 , 2 8 6 $ 6 , 1 2 4 , 1 9 6 $ 1 , 0 0 3 , 9 7 8 $ 6 , 1 2 4 ,1 9 6 $ 6 6 2 , 7 0 0 $ 6 , 1 2 4 , 1 9 6 $ 2 1 , 6 0 0 , 0 0 0 $6 , 9 2 8 $ 1 , 4 5 9 , 5 2 0 $5,533,480$6,999,928 $1 , 7 8 1 , 3 5 8 $1,781,358 $5 9 9 , 0 2 5 $599,025 $5 , 7 2 1 , 1 3 9 $ 3 1 , 9 1 6 , 1 8 2 $ 6 , 1 9 3 , 6 2 4 $43,830,945 $1 , 1 6 5 , 4 2 0 $ 1 4 , 2 4 2 , 2 9 4 $ 2 , 3 7 1 , 1 6 2 $17,778,876 $1 7 4 , 8 7 6 $ 2 , 1 2 4 , 0 3 7 $2,298,913 $2 6 , 4 4 7 $ 1 9 6 , 0 0 9 $222,456 $512,600$512,600 $2 , 0 8 2 , 3 8 0 $2,082,380 $2 , 1 2 0 , 5 7 2 $2,120,572 $1 7 6 , 4 4 6 $ 2 5 1 , 5 9 3 $ 3 2 5 , 5 5 0 $753,589 $9 1 , 9 7 7 $ 1 6 5 , 9 5 7 $257,934 $1 3 , 5 0 0 $ 2 6 6 , 4 3 4 $279,934 $4 6 , 9 8 0 $46,980 $10,000$10,000 $3 0 0 , 0 0 0 $300,000 $4 8 , 0 0 0 $48,000 $3 5 , 6 0 0 $35,600 $2 7 1 , 8 1 6 $ 2 , 0 0 7 , 0 0 0 $2,278,816 $1 , 0 7 5 , 0 0 0 $1,075,000 $6 8 7 , 4 2 6 $ 3 0 , 8 6 8 $718,294 $2 8 9 , 6 3 9 $289,639 $6 , 3 7 2 , 0 0 0 $ 6 , 3 7 2 , 0 0 0 $1 2 , 4 7 7 , 5 2 4 $ 5 0 , 9 5 7 , 8 5 0 $ 1 2 , 2 5 1 , 4 7 6 $ 9 , 9 3 7 , 2 8 9 $ 1 , 3 2 9 , 5 28 $ 1 2 , 4 9 6 , 1 9 6 $ 1 , 1 8 5 , 3 0 0 $ 1 1 , 6 5 7 , 6 7 6 $ 1 1 2 , 2 9 2 , 8 3 9 PK N E W 2 - W a l l i s R a n c h C o m m u n i t y P a r k TO T A L C O S T PK 0 3 1 7 - P u b l i c A r t - S u b a r e a 3 C o m m u n i t y P a r k PK 0 2 1 6 - S e a n D i a m o n d P a r k PK 0 3 1 6 - S h a n n o n C e n t e r P a r k i n g L o t I m p r o v e m e n t s PK 0 7 1 3 - S h a n n o n P a r k W a t e r P l a y A r e a PK 0 9 1 4 - T e n n i s C o u r t R e s u r f a c i n g P r o j e c t PK 0 5 1 5 - P u b l i c A r t - F a l l o n S p o r t s P a r k PK N E W 6 - P u b l i c A r t - J o r d a n R a n c h N e i g h b o r h o o d P a r k PK N E W 4 - P u b l i c A r t - M o e l l e r R a n c h N e i g h b o r h o o d S q ua r e PK 0 4 1 7 - P u b l i c A r t - P u b l i c S a f e t y C o m p l e x - P o l i c e S e r v i c e s PK N E W 7 - P u b l i c A r t - S e a n D i a m o n d P a r k SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M - P A R KS Pr o j e c t N u m b e r & N a m e PK 0 1 1 5 - D u b l i n C r o s s i n g C o m m u n i t y P a r k PK 0 2 1 5 - D u b l i n H e r i t a g e P a r k C e m e t e r y I m p r o v e m e n t s PK 0 1 1 7 - D u b l i n R a n c h S u b A r e a 3 P a r k s PK 0 4 1 6 - D u b l i n S p o r t s G r o u n d s R e n o v a t i o n PK 0 1 0 5 - E m e r a l d G l e n R e c r e a t i o n & A q u a t i c C o m p l e x - P h a s e I PK 0 4 1 4 - F a l l o n S p o r t s P a r k - P h a s e I I PK 0 5 1 4 - J o r d a n R a n c h N e i g h b o r h o o d P a r k PK 0 3 1 5 - L i b r a r y I m p r o v e m e n t - C e n t e r f o r 2 1 s t C e n t ur y S k i l l s PK N E W 3 - M o l l e r R a n c h N e i g h b o r h o o d S q u a r e PK 0 2 1 2 - P a s s a t e m p o P a r k PK 0 3 1 1 - P o s i t a n o N e i g h b o r h o o d P a r k PK 0 2 1 7 - P u b l i c A r t - D u b l i n C r o s s i n g C o m m u n i t y P a r k PK 0 4 1 5 - P u b l i c A r t - E m e r a l d G l e n R e c . a n d A q u a t i c s C o m p l e x 8.4.a Packet Pg. 507 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Su m m a r y S c h e d u l e s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 14 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – P A R KS C O N T I N U E D FI N A N C I N G PR I O R YE A R S 2 0 1 5 - 1 6 2 0 1 6 - 1 7 2 0 1 7 - 1 8 2 0 1 8 - 1 9 2 0 1 9 - 2 0 2 0 2 0 - 2 1 FUTURE YEARSTOTAL $1 4 0 , 0 1 8 $ 4 , 0 7 5 , 0 0 0 $ 9 9 , 4 9 5 $ 1 , 4 5 9 , 5 2 0 $5,533,480$11,307,513 $1 , 8 0 0 , 0 0 0 $1,800,000 $8 0 , 0 0 0 $80,000 $1 5 6 , 5 4 9 $156,549 $1 0 5 , 4 7 7 $ 4 3 2 , 3 9 1 $ 5 1 2 , 0 4 6 $ 3 4 6 , 5 7 3 $ 3 2 5 , 5 5 0 $ 1 0 , 0 0 0 $ 1 , 7 32,037 $5 9 9 , 0 2 5 $599,025 $1 2 , 0 0 6 , 4 5 4 $ 4 2 , 3 8 4 , 5 2 3 $ 8 , 7 8 9 , 3 4 4 $ 4 , 9 5 3 , 5 9 5 $ 2 9 1 , 1 5 4 $ 8, 9 2 3 , 3 0 6 $ 5 3 4 , 9 2 4 $ 7 7 , 8 8 3 , 3 0 0 $6 9 , 0 2 6 $ 4 9 , 8 5 4 $ 9 8 9 , 2 3 3 $ 3 , 1 7 7 , 6 0 1 $ 7 1 2 , 8 2 4 $ 3 , 5 7 2 , 8 9 0 $ 640,376$3,645,338$12,857,142 $2,478,858$2,478,858 $1 , 6 1 7 , 0 5 7 $ 1 , 7 8 1 , 3 5 8 $3,398,415 $1 2 , 4 7 7 , 5 2 4 $ 5 0 , 9 5 7 , 8 5 0 $ 1 2 , 2 5 1 , 4 7 6 $ 9 , 9 3 7 , 2 8 9 $ 1 , 3 2 9 , 5 28 $ 1 2 , 4 9 6 , 1 9 6 $ 1 , 1 8 5 , 3 0 0 $ 1 1 , 6 5 7 , 6 7 6 $ 1 1 2 , 2 9 2 , 8 3 9 99 9 8 - U n i d e n t i f i e d 99 9 9 - D e v e l o p e r B u i l t TO T A L F I N A N C I N G 24 0 2 - E a s t B a y R e g i o n a l P a r k D i s t r i c t 28 0 1 - P u b l i c A r t F u n d 29 0 4 - H o u s i n g - R e l a t e d P a r k s G r a n t F u n d 41 0 0 - P u b l i c F a c i l i t y F e e s 44 0 1 - D u b l i n C r o s s i n g F u n d 10 0 1 - G e n e r a l F u n d 10 0 5 - C o m m u n i t y B e n e f i t P a y m e n t ( G F ) 23 0 2 - M e a s u r e D SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M - P A R K S 8.4.a Packet Pg. 508 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Su m m a r y S c h e d u l e s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 15 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – S T R EE T S PR I O R YE A R S 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 02 0 - 2 0 2 1 FUTURE YEARSTOTAL $2 8 , 9 6 4 $28,964 $1 4 , 3 3 0 $ 1 , 3 9 9 , 3 1 7 $1,413,647 $1 7 0 , 6 8 0 $170,680 $1 9 7 , 8 6 7 $197,867 $1 , 7 0 0 , 0 0 0 $ 1 , 7 0 0 , 0 0 0 $ 1 , 7 0 0 , 0 0 0 $ 1 , 7 0 0 , 0 0 0 $ 1 , 7 0 0 , 0 0 0 $ 8,500,000 $1 1 3 , 2 8 8 $ 8 8 , 7 6 7 $202,055 $6 0 9 , 6 0 0 $ 6 2 4 , 2 0 0 $ 4 2 9 , 2 0 0 $ 4 0 9 , 6 0 0 $ 4 0 9 , 6 0 0 $ 2 , 4 8 2 , 2 0 0 $4 1 7 , 0 8 5 $ 1 1 3 , 5 9 9 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $734,884 $4 5 3 , 4 4 0 $ 2 8 9 , 9 5 4 $ 2 5 2 , 0 1 5 $995,409 $2 , 8 3 7 , 2 7 6 $ 8 , 9 6 6 , 6 4 3 $ 1 1 , 0 7 3 , 0 0 0 $ 8 7 , 8 0 8 $22,964,727 $4 0 0 , 0 0 0 $ 3 9 5 , 0 0 0 $ 6 5 1 , 0 0 0 $ 1 , 0 0 0 , 0 0 0 $ 1 , 0 0 0 , 0 0 0 $ 5 9 , 8 3 4 ,000$63,280,000 $3 7 7 , 8 1 7 $ 5 5 7 , 0 0 5 $ 1 , 9 8 7 , 6 5 8 $ 4 , 0 0 8 , 5 5 4 $6,931,034 $3 5 1 , 4 5 0 $ 3 8 , 0 2 0 $ 3 8 , 0 2 0 $ 3 8 , 0 2 0 $ 3 8 , 0 2 0 $ 5 0 3 , 5 3 0 $8 1 5 , 2 7 2 $ 3 7 , 3 1 2 $852,584 $2 6 7 , 4 8 0 $267,480 $7 1 , 8 5 8 $ 1 0 1 , 6 0 3 $173,461 $1 2 2 , 9 6 9 $ 1 , 0 8 9 , 5 3 7 $1,212,506 $3 8 , 3 1 4 $ 5 7 8 , 4 3 6 $616,750 $1 2 0 , 0 0 0 $ 2 0 0 , 0 0 0 $ 2 0 0 , 0 0 0 $ 4 0 0 , 0 0 0 $ 2 , 4 4 6 , 0 0 0 $ 8 , 2 6 0 , 0 0 0$32,015,000$43,641,000 $1 3 3 , 9 2 3 $133,923 $1 9 6 , 4 8 0 $196,480 $1 , 0 9 5 , 5 7 3 $ 1 , 5 2 3 , 1 0 5 $2,618,678 $7 9 6 , 9 7 3 $ 1 , 3 3 3 , 8 5 2 $2,130,825 $5 2 , 7 9 3 $ 6 8 , 3 4 9 $121,142 $7 , 4 3 3 , 8 1 9 $ 1 6 , 9 9 7 , 8 8 2 $ 1 6 , 6 5 2 , 7 2 3 $ 7 , 0 9 4 , 4 2 2 $ 3 , 2 5 9 , 0 6 0 $ 5 , 6 3 4 , 4 6 0 $ 1 1 , 4 4 8 , 4 6 0 $ 9 1 , 8 4 9 , 0 0 0 $ 1 6 0 , 3 6 9 , 8 2 6 An n u a l - A n n u a l D u b l i n R a n c h S t r e e t L i g h t P o l e P a i n ti n g TO T A L C O S T ST 0 1 1 6 - T a s s a j a r a R o a d R e a l i g n m e n t & W i d e n i n g ST 0 6 1 5 - T r a f f i c S i g n I n v e n t o r y a n d S a f e t y R e v i e w ST 0 3 1 6 - V i l l a g e P a r k w a y a n d B r i g h t o n T r a f f i c S i g n a l U p g r a d e An n u a l - A n n u a l S t r e e t O v e r l a y P r o g r a m An n u a l - A n n u a l S l u r r y S e a l P r o g r a m ST 0 4 9 4 - S a i n t P a t r i c k W a y - R e g i o n a l S t r e e t t o G o l de n G a t e D r ST 0 2 1 7 - S a n R a m o n R o a d A r t e r i a l M a n a g e m e n t ST 0 5 1 4 - S a n R a m o n R o a d T r a i l I m p r o v e m e n t s ST 1 2 1 2 - S t o r m D r a i n B y p a s s S a n R a m o n R o a d ST 1 3 1 2 - S t o r m D r a i n T r a s h C a p t u r e P r o j e c t SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M - S T RE E T S Pr o j e c t N u m b e r & N a m e ST 1 5 1 3 - A c c e s s i b l e P e d e s t r i a n S i g n a l R e t r o f i t o f E xi s t i n g T r a f f i c ST 0 8 1 5 - A m a d o r P l a z a R o a d B i c y c l e a n d P e d e s t r i a n I mp . ST 0 3 1 7 - A m a d o r V a l l e y B l v d - W i l d w o o d R d I n t e r s e c t io n I m p . ST 1 4 1 3 - A m a d o r V a l l e y B o u l e v a r d P e d e s t r i a n S a f e t y ST 0 1 1 7 - A n n u a l S t r e e t R e s u r f a c i n g ST 0 7 1 5 - C i t y I r r i g a t i o n I m p r o v e m e n t s ST 0 5 1 7 - C i t y w i d e B i c y c l e a n d P e d e s t r i a n I m p r o v e m e n ts ST 0 7 1 3 - C i t y w i d e S i g n a l C o m m u n i c a t i o n s U p g r a d e ST 0 6 1 0 - C i t y w i d e S t r e e t S t o r m D r a i n C o n d i t i o n A s s e ss m e n t ST 0 9 1 1 - D o u g h e r t y R o a d I m p r o v e m e n t s S i e r r a L a n e t o N o r t h ST 0 2 1 6 - D u b l i n B o u l e v a r d E x t e n s i o n ST 1 0 1 2 - D u b l i n B o u l e v a r d I m p . - S i e r r a C o u r t t o D u bl i n C o u r t ST 0 4 1 7 - D u b l i n R a n c h S t r e e t L i g h t I m p r o v e m e n t s 8.4.a Packet Pg. 509 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Su m m a r y S c h e d u l e s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 16 SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M – S T R EE T S C O N T I N U E D FI N A N C I N G PR I O R YE A R S 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 02 0 - 2 0 2 1 FUTURE YEARSTOTAL $5 6 3 , 6 1 2 $ 1 , 4 2 9 , 6 4 0 $ 3 6 0 , 0 1 5 $ 1 0 8 , 0 0 0 $ 1 0 8 , 0 0 0 $ 1 0 8 , 0 0 0 $ 10 8 , 0 0 0 $ 2 , 7 8 5 , 2 6 7 $1 3 3 , 9 2 3 $133,923 $7 6 6 , 9 7 3 $ 1 , 8 7 0 , 6 9 4 $ 1 , 0 4 1 , 1 2 8 $ 9 2 0 , 0 0 0 $ 9 2 0 , 0 0 0 $ 9 2 0 , 0 0 0 $ 9 2 0 , 0 0 0 $ 7 , 3 5 8 , 7 9 5 $4 0 4 , 3 9 6 $ 6 5 , 6 0 4 $470,000 $2 0 7 , 1 9 0 $ 3 3 , 3 1 1 $240,501 $6 9 5 , 4 3 6 $ 1 , 1 1 5 , 8 4 9 $ 5 5 0 , 0 0 0 $ 4 3 5 , 0 0 0 $ 7 6 0 , 0 0 0 $ 7 6 0 , 0 0 0 $ 76 0 , 0 0 0 $ 5 , 0 7 6 , 2 8 5 $4 5 , 3 8 1 $ 1 1 0 , 0 0 0 $ 2 5 0 , 6 8 0 $ 1 9 4 , 6 0 0 $ 1 9 , 6 0 0 $620,261 $7 5 , 6 3 3 $ 1 4 6 , 3 5 2 $221,985 $6 2 1 , 5 1 3 $621,513 $3 2 7 , 6 1 1 $ 2 4 3 , 5 2 0 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $ 4 0 , 8 4 0 $775,331 $6 2 3 , 6 0 0 $ 5 4 5 , 0 0 0 $ 2 0 0 , 0 0 0 $ 2 0 0 , 0 0 0 $ 2 0 0 , 0 0 0 $ 1 , 7 6 8 , 6 0 0 $2 8 , 0 0 0 $ 1 2 1 , 6 0 0 $ 2 1 , 6 0 0 $ 2 1 , 6 0 0 $ 2 1 , 6 0 0 $ 2 1 4 , 4 0 0 $6 , 2 6 7 , 0 0 0 $6,267,000 $1 0 , 7 7 3 , 0 0 0 $ 3 , 1 0 0 , 0 0 0 $ 2 0 0 , 0 0 0 $ 1 , 4 4 6 , 0 0 0 $ 7 , 9 6 0 , 0 0 0 $ 2 3,479,000 $8 6 , 0 0 0 $86,000 $1 2 2 , 9 6 9 $ 7 3 6 , 5 3 7 $859,506 $5 2 , 7 9 3 $ 6 8 , 3 4 9 $ 3 5 1 , 4 5 0 $ 3 8 , 0 2 0 $ 3 8 , 0 2 0 $ 3 8 , 0 2 0 $ 3 8 , 0 2 0 $ 624,672 $5 2 0 , 0 0 0 $ 4 9 5 , 0 0 0 $ 8 5 1 , 0 0 0 $ 2 , 0 0 0 , 0 0 0 $ 1 , 3 0 0 , 0 0 0 $ 5 , 1 6 6 , 000 $2 5 7 , 7 6 0 $ 1 , 4 8 7 , 6 5 8 $ 1 , 0 9 6 , 3 6 2 $2,841,780 $1 , 1 5 9 , 0 0 0 $1,159,000 $4 3 , 0 6 7 $ 9 3 9 , 6 7 0 $ 1 0 0 , 0 0 0 $ 1 0 0 , 0 0 0 $ 1 0 0 , 0 0 0 $ 1 , 2 8 2 , 7 3 7 $1 , 0 1 8 , 6 0 1 $ 1 , 9 9 2 , 1 3 0 $3,010,731 $1 , 8 2 4 , 0 2 8 $ 3 3 6 , 5 5 6 $2,160,584 $8 9 , 4 7 4 $ 5 , 4 2 6 $94,900 $1 1 3 , 2 8 8 $ 8 8 , 7 6 7 $202,055 $1 , 0 0 0 , 0 0 0 $1,000,000 $91,849,000$91,849,000 $7 , 4 3 3 , 8 1 9 $ 1 6 , 9 9 7 , 8 8 2 $ 1 6 , 6 5 2 , 7 2 3 $ 7 , 0 9 4 , 4 2 2 $ 3 , 2 5 9 , 0 6 0 $ 5 , 6 3 4 , 4 6 0 $ 1 1 , 4 4 8 , 4 6 0 $ 9 1 , 8 4 9 , 0 0 0 $ 1 6 0 , 3 6 9 , 8 2 6 63 0 5 - I n t e r n a l S e r v i c e F u n d - E q u i p m e n t 71 0 1 - E n e r g y E f f i c i e n t C a p i t a l L e a s e 99 9 7 - O t h e r 99 9 8 - U n i d e n t i f i e d TO T A L F I N A N C I N G 43 0 2 - T r a f f i c I m p a c t F e e - C a t e g o r y 2 43 0 3 - T r a f f i c I m p a c t F e e - C a t e g o r y 3 43 0 4 - T r a f f i c I m p a c t F e e - D o w n t o w n 43 0 5 - T r a f f i c I m p a c t F e e - D o u g h e r t y V a l l e y 43 0 9 - M i t i g a t i o n C o n t r i b u t i o n s 22 1 7 - M e a s u r e B B G r a n t s 23 0 4 - L o c a l R e c y c l i n g P r o g r a m s 23 2 1 - S t o r m W a t e r M a n a g e m e n t 27 0 5 - S t r e e t L i g h t D i s t r i c t E a s t D u b l i n 1 9 9 9 - 1 43 0 1 - T r a f f i c I m p a c t F e e - C a t e g o r y 1 22 0 8 - C o n g e s t i o n M a n a g e m e n t A g e n c y 22 1 2 - V e h i c l e R e g i s t r a t i o n F e e 22 1 4 - M e a s u r e B B S a l e s T a x - L o c a l S t r e e t s F u n d 22 1 5 - M e a s u r e B B S a l e s T a x - B i k e & P e d e s t r i a n F u n d 22 1 6 - M e a s u r e B G r a n t s 22 0 2 - F e d e r a l T r a n s p o r t a t i o n G r a n t 22 0 3 - T r a n s p o r t a t i o n D e v e l o p m e n t A c t 22 0 4 - M e a s u r e B S a l e s T a x - L o c a l S t r e e t s F u n d 22 0 5 - M e a s u r e B S a l e s T a x - B i k e & P e d e s t r i a n F u n d 22 0 7 - T r a n s p o r t a t i o n f o r C l e a n A i r 10 0 1 - G e n e r a l F u n d 21 0 6 - T r a f f i c S a f e t y 22 0 1 - S t a t e G a s T a x SU M M A R Y 2 0 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M - S T RE E T S 8.4.a Packet Pg. 510 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Ge n e r a l I m p r o v e m e n t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 17 GE N E R A L I M P R O V E M E N T S SU M M A R Y O F P R O J E C T S C O M P L E T E D I N F I S C A L Y E A R 2 0 1 5 - 1 6 Pr o j e c t # Pr o j e c t D e s c r i p t i o n Es t i m a t e d T o t a l P r o j e c t C o s t GI 0 1 1 5 C i v i c C e n t e r P o l i c e W i n g R e n o v a t i o n P r o j e c t is s u s p e n d e d , c h a n g e d s c o p e t o b u i l d P o l i c e Se r v i c e s B u i l d i n g a t P u b l i c S a f e t y C o m p l e x GI 0 5 0 9 M a i n t e n a n c e Y a r d F a c i l i t y I m p r o v e m e n t s $9 , 9 8 0 , 7 3 3 GI 3 0 1 4 N e t w o r k S y s t e m U p g r a d e P r o j e c t i s s u s p e n d e d , i n c o r p o r a t e d i n t o I n t e r n a l S e r v i c e s Fu n d – I T GI 3 5 1 3 G e o g r a p h i c I n f o r m a t i o n S y s t e m P r o j e c t i s s u s pe n d e d , i n c o r p o r a t e d i n t o I n t e r n a l S e r v i c e s Fu n d - I T GI 5 0 1 5 A n n u a l A D A T r a n s i t i o n P l a n ( F Y 1 4 - 1 5 ) $2 1 , 1 7 7 8.4.a Packet Pg. 511 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Ge n e r a l I m p r o v e m e n t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 18 LO C A T I O N 8.4.a Packet Pg. 512 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Ge n e r a l I m p r o v e m e n t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 19 Nu m b e r – G I 4 0 9 9 CI V I C C E N T E R M O D I F I C A T I O N D E S I G N & C O N S T R U C T I O N Pr o g r a m – G E N E R A L I M P R O V E M E N T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e r e n o v a t i o n o f t h e C i t y C o u n c i l C h a m b e r s , w h i c h i n c l u d e s t h e f o l l o w i n g c h an g e s / u p d a t e s : r e p l a c e l i g h t i n g , r e p l a c e f u r n i s h i n g s, and co n d u c t t e c h n o l o g y u p g r a d e s , i n c l u d i n g m i c r o p h o n e a nd a u d i o / v i s u a l e n h a n c e m e n t s t h r o u g h o u t t h e C h a m b e r . T h e C i t y C o u n c i l h a s d e s i g n a t e d $ 3 2 5 , 0 0 0 f r o m t h e Ci t y ' s C a b l e T V F a c i l i t i e s F u n d f o r t h i s p r o j e c t . Pr i o r y e a r ’ s p r o j e c t e x p e n d i t u r e s i n c l u d e d t h e f o l l ow i n g : e x p a n s i o n o f t h e p o l i c e p a r k i n g l o t , c o n s t r u ction of a police ev i d e n c e g a r a g e a n d b i c y c l e - e v i d e n c e s t o r a g e , c o n s t ru c t i o n o f a 1 , 0 2 6 s q u a r e f o o t m a i n t e n a n c e b u i l d i n g , s e c u r i t y s y s t e m i n s t a l l a t i o n , c u s t o m e r s e r v i c e c o unter re n o v a t i o n s , a n d A D A u p g r a d e s . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s a n d C i t y M a n a g e r ’ s O f f i c e 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 4 9 , 9 4 6 $49,946 92 0 0 - C o n t r a c t S e r v i c e s $ 8 0 4 , 5 6 9 $2 3 1 , 8 1 7 $1,036,386 94 0 0 - I m p r o v e m e n t s $ 2 , 3 5 2 , 5 7 4 $1 2 6 , 3 0 1 $2,478,875 95 0 0 - M i s c e l l a n e o u s $ 3 0 , 4 1 1 $30,411 96 0 0 - E q u i p m e n t $ 3 9 4 , 6 7 3 $394,673 TO T A L $3 , 6 3 2 , 1 7 3 $3 5 8 , 1 1 8 $3,990,291 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $ 1 , 7 1 3 , 4 5 6 $3 3 , 1 1 8 $1,746,574 28 1 1 - C a b l e T V F a c i l i t i e s $3 2 5 , 0 0 0 $325,000 41 0 0 - P u b l i c F a c i l i t y F e e $ 1 , 8 3 5 , 8 6 1 $1,835,861 62 0 5 - I n t e r n a l S e r v i c e F u n d - F a c i l i t i e s $ 8 2 , 8 5 6 $ 8 2 , 8 5 6 TO T A L $3 , 6 3 2 , 1 7 3 $3 5 8 , 1 1 8 $3,990,291 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 513 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Ge n e r a l I m p r o v e m e n t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 20 Nu m b e r – G I 5 0 1 6 AN N U A L A D A T R A N S I T I O N P L A N Pr o g r a m – G E N E R A L I M P R O V E M E N T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t w i l l c o n s t r u c t i m p r o v e m e n t s i n a c c o r d a nc e w i t h t h e a d o p t e d 2 0 0 6 A m e r i c a n s w i t h D i s a b i l i t i es A c t ( A D A ) T r a n s i t i o n P l a n U p d a t e . T h i s a n n u a l pr o j e c t c o n t i n u e s t h e e f f o r t t o i n s t a l l i m p r o v e m e n t s t o b r i n g t h e C i t y i n t o A D A c o m p l i a n c e . T h e C i t y ha s i n s t a l l e d 8 8 p e d e s t r i a n c u r b r a m p s s i n c e a d o p t i ng the AD A T r a n s i t i o n P l a n U p d a t e . I m p r o v e m e n t s m a y i n c l u de p e d e s t r i a n c u r b r a m p s , p a r k a c c e s s , a n d p u b l i c b ui l d i n g a c c e s s . T h e s p e c i f i c a n n u a l s c o p e o f w o r k is de t e r m i n e d o n a y e a r - b y - y e a r b a s i s . St a r t i n g F i s c a l Y e a r 2 0 1 6 - 1 7 , t h i s p r o j e c t i s b e i n g m e r g e d w i t h t h e C i t y w i d e B i c y c l e & P e d e s t r i a n I m p r ov e m e n t s p r o j e c t , w h i c h w i l l i n c l u d e n o t o n l y im p r o v e m e n t s t o b r i n g t h e C i t y i n t o A D A c o m p l i a n c e , b u t w i l l a l s o i n c l u d e o t h e r p e d e s t r i a n a n d b i c y c l e i m p r o v e m e n t s t h r o u g h o u t t h e C i t y . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $1 , 4 8 4 $1,484 92 0 0 - C o n t r a c t S e r v i c e s $3 , 0 0 0 $3,000 94 0 0 - I m p r o v e m e n t s $1 9 , 2 4 9 $19,249 95 0 0 - M i s c e l l a n e o u s $1 0 0 $100 TO T A L $2 3 , 8 3 3 $23,833 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $2 3 , 8 3 3 $23,833 TO T A L $2 3 , 8 3 3 $23,833 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 514 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Ge n e r a l I m p r o v e m e n t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 21 Nu m b e r – G I 0 1 1 6 PU B L I C S A F E T Y C O M P L E X - P O L I C E S E R V I C E S B U I L D I N G Pr o g r a m – G E N E R A L I M P R O V E M E N T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d r e n o v a t i o n o f a p p r o x i m a t e l y 2 8 , 7 0 0 s q u a r e f o o t o f s p a c e a t t h e P u b l i c S a f e t y C o m p l e x f o r P o l i c e S e r v i c e s t o m e e t the needs fo r p o l i c e s t a f f i n g a t C i t y b u i l d o u t . T h i s p r o j e c t r e p l a c e s t h e C i v i c C e n t e r P o l i c e W i n g R e n o v a t i o n c ap i t a l i m p r o v e m e n t p r o j e c t ( G I 0 1 1 5 ) . T h e i m p r o v e m e n ts may in c l u d e : b u i l d i n g f a ç a d e u p g r a d e ; w o r k s p a c e s f o r a d mi n i s t r a t i o n , i n v e s t i g a t i o n s , o p e r a t i o n s a n d d i s p a t ch ; i n t e r v i e w r o o m s ; E m e r g e n c y O p e r a t i o n s C e n t e r ; br i e f i n g / t r a i n i n g r o o m ; c o n f e r e n c e r o o m s ; a r m o r y ; e vi d e n c e s t o r a g e , r e c o r d s s t o r a g e ; l o c k e r s ; r e s t r o o m s; k i t c h e n ; g y m ; p r e s s r o o m a n d p u b l i c l o b b y . T h e p roject wo u l d a l s o i n c l u d e i m p r o v e m e n t s t o t h e s i t e i n c l u d i ng : p a r k i n g l o t ; s e c u r i t y f e n c i n g a n d g a t e s ; s e c u r i ty e l e c t r o n i c s a n d l i g h t i n g ; i r r i g a t i o n a n d p l a n t i n g modifications. De s i g n b e g a n i n F i s c a l Y e a r 2 0 1 5 - 1 6 w i t h c o n s t r u c t i on p r o p o s e d t o b e g i n i n F i s c a l Y e a r 2 0 1 6 - 1 7 w i t h c o mp l e t i o n i n F i s c a l Y e a r 2 0 1 7 - 1 8 . T h e p r o j e c t w i l l be fu n d e d b y a C o m m u n i t y B e n e f i t P a y m e n t f r o m t h e D u b l in C r o s s i n g d e v e l o p m e n t p r o j e c t a n d c o u l d b e e l i g i b le f o r r e p a y m e n t b y P u b l i c F a c i l i t y F e e s . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $1 6 0 , 0 0 0 $160,000 92 0 0 - C o n t r a c t S e r v i c e s $1 , 5 6 6 , 0 0 0 $1,566,000 94 0 0 - I m p r o v e m e n t s $7 , 9 2 0 , 0 0 0 $7,920,000 95 0 0 - M i s c e l l a n e o u s $5 , 3 5 4 , 0 0 0 $5,354,000 TO T A L $1 5 , 0 0 0 , 0 0 0 $15,000,000 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 44 0 1 - D u b l i n C r o s s i n g F u n d $1 5 , 0 0 0 , 0 0 0 $15,000,000 TO T A L $1 5 , 0 0 0 , 0 0 0 $15,000,000 AN N U A L O P E R A T I N G I M P A C T $2 0 0 , 0 0 0 $2 0 0 , 0 0 0 $2 0 0 , 0 0 0 $2 0 0 , 0 0 0 8.4.a Packet Pg. 515 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Th i s p a g e i n t e n t i o n a l l y l e f t b l a n k 8.4.a Packet Pg. 516 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Co m m u n i t y I m p r o v e m e n t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 23 CO M M U N I T Y I M P R O V E M E N T S SU M M A R Y O F P R O J E C T S C O M P L E T E D I N F I S C A L Y E A R 2 0 1 5 - 1 6 Pr o j e c t # Pr o j e c t D e s c r i p t i o n Es t i m a t e d T o t a l P r o j e c t C o s t CI 5 0 1 5 A n n u a l S i d e w a l k S a f e t y R e p a i r P r o g r a m ( F Y 1 4 -1 5 ) $ 1 4 6 , 9 7 1 8.4.a Packet Pg. 517 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Co m m u n i t y I m p r o v e m e n t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 24 LO C A T I O N 8.4.a Packet Pg. 518 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Co m m u n i t y I m p r o v e m e n t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 25 Nu m b e r – C I 0 1 1 4 SA N R A M O N R O A D L A N D S C A P E R E N O V A T I O N Pr o g r a m – C O M M U N I T Y I M P R O V E M E N T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r r e n o v a t i o n o f t h e l a n d s c a pi n g a l o n g S a n R a m o n R o a d b e t w e e n S i l v e r g a t e D r i v e an d A l c o s t a B o u l e v a r d . T h e p r o p o s e d r e n o v a t i o n in c l u d e s t h e r e m o v a l o f e x i s t i n g p l a n t s a n d s o i l , a nd t h e i n s t a l l a t i o n o f n e w t o p s o i l a n d p l a n t m a t e r ia l , w i t h a n e m p h a s i s o n b a y f r i e n d l y a n d w a t e r c o n serving pl a n t s p e c i e s . M o s t o f t h e l a n d s c a p i n g i n t h i s a r e a w a s i n s t a l l e d b e t w e e n 1 9 9 3 a n d 1 9 9 5 , a n d h a s r e a c he d t h e e n d o f i t s l i f e e x p e c t a n c y . T h e p r o j e c t h a s been de l a y e d d u e t o t h e d r o u g h t a n d t o t a k e a d v a n t a g e o f t h e i n s t a l l a t i o n o f r e c y c l e d w a t e r i r r i g a t i o n b y D ub l i n S a n R a m o n S e r v i c e s D i s t r i c t i n F i s c a l Y e a r 2 0 15-16. MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 4 0 5 $1 2 , 4 5 9 $12,864 92 0 0 - C o n t r a c t S e r v i c e s $1 9 , 0 0 0 $19,000 94 0 0 - I m p r o v e m e n t s $2 0 6 , 2 0 1 $206,201 95 0 0 - M i s c e l l a n e o u s $1 , 0 0 0 $1,000 TO T A L $4 0 5 $2 3 8 , 6 6 0 $239,065 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $ 4 0 5 $2 3 8 , 6 6 0 $239,065 TO T A L $4 0 5 $2 3 8 , 6 6 0 $239,065 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 519 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Co m m u n i t y I m p r o v e m e n t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 26 Nu m b e r – C I 5 0 1 6 AN N U A L S I D E W A L K R E P A I R P R O G R A M Pr o g r a m – C O M M U N I T Y I M P R O V E M E N T S PR O J E C T D E S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e r e p l a c e m e n t o f d a m a g e d c u r b s , g u t t e r s a n d s i d e w a l k s a t v a r i o u s l o c a t i o n s t h r o u g h o u t t h e C i t y . T h e s i d e w a l k r e p a i r s a r e m a d e by re m o v i n g a n d r e p l a c i n g t h e d a m a g e d c o n c r e t e a r e a s . Th e s e a r e a s a r e p r i o r i t i z e d b a s e d o n p e d e s t r i a n v o l um e s , d a m a g e s e v e r i t y , a n d p r o x i m i t y t o s c h o o l s , s e nior ce n t e r s , o r t r a n s i t c e n t e r s . W h i l e S t a t e L a w a n d t h e C i t y O r d i n a n c e s t a t e s i d e w a l k r e p a i r i s t h e r e s p o ns i b i l i t y o f t h e f r o n t i n g p r o p e r t y o w n e r , t h i s p r o g ram aims to re l i e v e t h e i r f i n a n c i a l b u r d e n a n d l i a b i l i t y . St a r t i n g F i s c a l Y e a r 2 0 1 6 - 1 7 , t h i s p r o j e c t i s b e i n g m e r g e d w i t h t h e C i t y w i d e B i c y c l e & P e d e s t r i a n I m p r ov e m e n t s p r o j e c t , w h i c h w i l l i n c l u d e n o t o n l y s i d e w alk repairs, bu t w i l l a l s o i n c l u d e o t h e r p e d e s t r i a n a n d b i c y c l e im p r o v e m e n t s t h r o u g h o u t t h e C i t y . MA N A G I N G D E P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $8 , 5 2 5 $8,525 92 0 0 - C o n t r a c t S e r v i c e s $2 2 , 4 0 0 $22,400 94 0 0 - I m p r o v e m e n t s $7 3 , 5 0 0 $73,500 95 0 0 - M i s c e l l a n e o u s $5 0 0 $500 TO T A L $1 0 4 , 9 2 5 $104,925 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $1 0 4 , 9 2 5 $104,925 TO T A L $1 0 4 , 9 2 5 $104,925 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 520 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 27 PA R K S SU M M A R Y O F P R O J E C T S C O M P L E T E D I N F I S C A L Y E A R 2 0 1 5 - 1 6 Pr o j e c t # Pr o j e c t D e s c r i p t i o n Es t i m a t e d T o t a l P r o j e c t C o s t PK 0 7 1 3 S h a n n o n P a r k W a t e r P l a y A r e a $7 1 8 , 2 9 1 8.4.a Packet Pg. 521 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 28 LO C A T I O N 8.4.a Packet Pg. 522 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 29 Nu m b e r – P K 0 1 0 5 EM E R A L D G L E N R E C R E A T I O N & A Q U A T I C C O M P L E X – P H A S E I Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f a R e c r e a t i o n a n d A q u a t i c C o m p l e x a t E m e r a l d G le n P a r k , l o c a t e d o n T a s s a j a r a R o a d b e t w e e n C e n t r a l Pa r k w a y a n d G l e a s o n R o a d . D e s i g n w a s c o m p l e t e d i n De c e m b e r 2 0 1 4 a n d c o n s t r u c t i o n b e g a n i n A p r i l 2 0 1 5 . C o m p l e t i o n o f P h a s e I i s e x p e c t e d i n e a r l y 2 0 1 7 . Ph a s e I i n c l u d e s a 3 1 , 9 4 0 s q u a r e - f o o t f a c i l i t y w i t h a c o m m u n i t y r o o m ; a n i n d o o r p o o l f o r l e s s o n s , a n d la p s w i m m i n g ; a n o u t d o o r c o m p e t i t i v e p o o l f o r w a t e r polo an d s w i m m i n g ; a c h i l d r e n ' s p l a y p o o l w i t h s l i d e a n d s p r a y s , a n d a s l i d e t o w e r w i t h h i g h s p e e d s l i d e s a nd l o o p s l i d e s . P h a s e I a l s o i n c l u d e s a d d i t i o n a l p a rk acreage, a pl a z a a n d a n a m p h i t h e a t e r . P h a s e 2 o f t h e p r o j e c t is i n c l u d e d a s a s e p a r a t e f u t u r e c a p i t a l i m p r o v e m e n t p r o j e c t . I t i s a n t i c i p a t e d t h a t t h e P h a s e 2 p r o j ect design and co n s t r u c t i o n w i l l o c c u r b e y o n d t h e C I P t i m e f r a m e . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 1 1 9 , 2 3 0 $1 6 5 , 6 7 5 $7 8 , 6 0 6 $363,511 92 0 0 - C o n t r a c t S e r v i c e s $ 3 , 4 2 8 , 5 5 5 $9 9 8 , 4 4 2 $1 5 2 , 1 3 9 $4,579,136 94 0 0 - I m p r o v e m e n t s $ 1 , 6 4 8 , 2 7 4 $2 9 , 1 7 6 , 5 6 5 $5 , 4 3 1 , 7 8 8 $36,256,627 95 0 0 - M i s c e l l a n e o u s $ 5 2 5 , 0 8 0 $1 , 0 4 4 , 4 1 4 $1,569,494 96 0 0 - E q u i p m e n t $5 3 1 , 0 8 6 $5 3 1 , 0 9 1 $1,062,177 TO T A L $5 , 7 2 1 , 1 3 9 $3 1 , 9 1 6 , 1 8 2 $6 , 1 9 3 , 6 2 4 $43,830,945 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $3 , 0 0 0 , 0 0 0 $3,000,000 41 0 0 - P u b l i c F a c i l i t y F e e s $ 5 , 7 2 1 , 1 3 9 $2 8 , 9 1 6 , 1 8 2 $6 , 1 9 3 , 6 2 4 $40,830,945 TO T A L $5 , 7 2 1 , 1 3 9 $3 1 , 9 1 6 , 1 8 2 $6 , 1 9 3 , 6 2 4 $43,830,945 AN N U A L O P E R A T I N G I M P A C T $9 1 0 , 0 0 0 $1 , 0 4 0 , 0 0 0 $1 , 0 4 0 , 0 0 0 $1 , 0 4 0 , 0 0 0 $1 , 0 4 0 , 0 0 0 8.4.a Packet Pg. 523 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 30 Nu m b e r – P K 0 1 1 5 DU B L I N C R O S S I N G C O M M U N I T Y P A R K Program – PARKS PR O J E C T DE S C R I P T I O N Du b l i n C r o s s i n g C o m m u n i t y P a r k w i l l b e l o c a t e d a t t he i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d t h e f u t u r e Sc a r l e t t D r i v e e x t e n s i o n . T h e 3 0 - a c r e C o m m u n i t y P a rk site wi l l b e b u i l t o v e r t h r e e p h a s e s i n a c c o r d a n c e w i t h th e D u b l i n C r o s s i n g D e v e l o p m e n t A g r e e m e n t . P h a s e I d e s i g n w i l l b e g i n i n F i s c a l Y e a r 2 0 1 6 - 1 7 w i t h c o n s truction an t i c i p a t e d b e g i n n i n g i n F i s c a l Y e a r 2 0 1 7 - 1 8 . P h a s e I I d e s i g n w i l l b e i m p l e m e n t e d i n F i s c a l Y e a r 2 0 1 8 -1 9 w i t h c o n s t r u c t i o n b e g i n n i n g F i s c a l Y e a r 2 0 1 9 - 2 0 . Phase II I d e s i g n w i l l b e g i n i n F i s c a l Y e a r 2 0 2 0 - 2 1 w i t h c on s t r u c t i o n a n t i c i p a t e d t o b e g i n b e y o n d t h e f i v e y e ar C I P t i m e f r a m e . T h e p a r k w i l l b e d e s i g n e d i n a c c ordance wi t h t h e s t a n d a r d s c o n t a i n e d i n t h e D u b l i n C r o s s i n g C o m m u n i t y P a r k M a s t e r P l a n a n d t h e P a r k s a n d R e c r e at i o n M a s t e r P l a n . T h e s e s t a n d a r d s i d e n t i f y t h e f o l lowing am e n i t i e s f o r c o m m u n i t y p a r k s : t o t l o t a n d a p p a r a t u s p l a y a r e a ; p i c n i c t a b l e s a n d s e c l u d e d s p a c e f o r i nf o r m a l f a m i l y p i c n i c s ; g r o u p p i c n i c f a c i l i t i e s , o p en space me a d o w f o r i n f o r m a l s p o r t s , g a m e s a n d p a s s i v e a c t i v it i e s ; a n d s p o r t s f a c i l i t i e s s u c h a s b a l l f i e l d s , s oc c e r f i e l d s , t e n n i s c o u r t s , v o l l e y b a l l c o u r t s a n d basketball courts. Th i s p r o j e c t a s s u m e s t h a t t h e l a n d f o r t h e p a r k w i l l b e d e d i c a t e d b y t h e d e v e l o p e r a s r e q u i r e d b y t h e De v e l o p m e n t A g r e e m e n t . T h i s p r o j e c t i s c o n t i n g e n t upon the co l l e c t i o n o f P u b l i c F a c i l i t y F e e s a s p r o j e c t e d i n th e C I P t i m e f r a m e . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 1 4 , 6 6 9 $2 4 , 3 7 2 $6 9 , 2 0 0 $8 3 , 3 5 0 $6 7 , 2 0 0 $8 3 , 3 5 0 $6 9 , 2 0 0 $83,350 $494,691 92 0 0 - C o n t r a c t S e r v i c e s $ 8 2 , 1 4 4 $4 5 , 8 5 6 $4 1 5 , 0 0 0 $3 4 5 , 2 6 0 $4 1 5 , 0 0 0 $3 4 5 , 2 6 0 $4 1 5 , 0 0 0 $345,260 $2,408,780 94 0 0 - I m p r o v e m e n t s $5 , 6 9 5 , 5 8 6 $5 , 6 9 5 , 5 8 6 $5,695,586 $17,086,758 95 0 0 - M i s c e l l a n e o u s $ 4 0 7 $9 0 9 , 0 8 6 $5 2 1 , 7 7 8 $1 7 8 , 5 0 0 $1,609,771 TO T A L $9 7 , 2 2 0 $7 0 , 2 2 8 $1 , 3 9 3 , 2 8 6 $6 , 1 2 4 , 1 9 6 $1 , 0 0 3 , 9 7 8 $6 , 1 2 4 , 1 9 6 $6 6 2 , 7 0 0 $6,124,196 $21,600,000 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 41 0 0 - P u b l i c F a c i l i t y F e e s $ 2 8 , 1 9 4 $2 0 , 3 7 4 $4 0 4 , 0 5 3 $2 , 9 4 6 , 5 9 5 $2 9 1 , 1 5 4 $2 , 5 5 1 , 3 0 6 $2 2 , 3 2 4 $6,264,000 44 0 1 - D u b l i n C r o s s i n g F u n d $ 6 9 , 0 2 6 $4 9 , 8 5 4 $9 8 9 , 2 3 3 $3 , 1 7 7 , 6 0 1 $7 1 2 , 8 2 4 $3 , 5 7 2 , 8 9 0 $6 4 0 , 3 7 6 $3,645,338 $12,857,142 Un i d e n t i f i e d $2,478,858 $2,478,858 TO T A L $9 7 , 2 2 0 $7 0 , 2 2 8 $1 , 3 9 3 , 2 8 6 $6 , 1 2 4 , 1 9 6 $1 , 0 0 3 , 9 7 8 $6 , 1 2 4 , 1 9 6 $6 6 2 , 7 0 0 $6,124,196 $21,600,000 AN N U A L O P E R A T I N G I M P A C T $7 7 , 0 0 0 $1 8 8 , 0 0 0 $2 8 0 , 0 0 0 $3 9 0 , 7 0 0 8.4.a Packet Pg. 524 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 31 Nu m b e r – P K 0 2 1 5 DU B L I N H E R I T A G E P A R K C E M E T E R Y Program – PARKS PR O J E C T DE S C R I P T I O N Th i s m u l t i - p h a s e p r o j e c t p r o v i d e s f o r t h e r e n o v a t i o n o f t h e e x i s t i n g P i o n e e r C e m e t e r y a n d t h e c o n s t r u c ti o n o f a n e w c e m e t e r y a r e a a d j a c e n t t o t h e D u b l i n Heritage Pa r k . R e n o v a t i o n i m p r o v e m e n t s t o t h e e x i s t i n g P i o n e er C e m e t e r y m a y i n c l u d e : i m p r o v e d p a t h w a y s ; r e n o v a t ed l a n d s c a p i n g a t c e m e t e r y e n t r y a n d a l o n g H a w t h o r n e La n e ; r e n o v a t e d p l a z a a r e a n e a r S t . R a y m o n d ' s c h u r c h i n c l u d i n g s e a t i n g a n d s h a d e ; l o w s t o n e w a l l a l o n g D o n l o n W a y ; a n e w l o w c o l u m b a r i u m w a l l a t t h e n o r t h edge of t h e c e m e t e r y ; a n d a l o c a t i o n f o r a p o t e n t i a l V e t er a n ' s M e m o r i a l . T h e P i o n e e r C e m e t e r y r e n o v a t i o n d e si g n a n d c o n s t r u c t i o n i s a n t i c i p a t e d t o b e g i n i n F i scal Year 20 1 7 - 1 8 . D e s i g n a n d c o n s t r u c t i o n o f t h e c e m e t e r y e xp a n s i o n p h a s e i s b e y o n d t h e f i v e y e a r C I P t i m e f r a m e. T h e n e w c e m e t e r y p r o j e c t i n c l u d e s l a n d a c q u i s i t ion fr o m t h e D u b l i n H i s t o r i c a l P r e s e r v a t i o n A s s o c i a t i o n o f a n a p p r o x i m a t e 0 . 9 - a c r e p a r c e l s o u t h o f t h e e x i st i n g P i o n e e r C e m e t e r y . T h e c o n s t r u c t i o n , a t b u i l d -out, will pr o v i d e f o r a n a d d i t i o n a l 3 4 t r a d i t i o n a l i n - g r o u n d bu r i a l p l o t s , 2 0 0 i n - g r o u n d c r e m a t i o n v a u l t s , 3 7 5 l ow c o l u m b a r i u m n i c h e s , a n d 1 , 8 6 0 h i g h c o l u m b a r i u m n iches. Fu n d i n g o f $ 1 . 5 m i l l i o n f o r t h e p r o j e c t h a s b e e n c o nt r i b u t e d b y t h e d e v e l o p e r o f t h e S c h a e f e r R a n c h p r oj e c t . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 6 , 9 2 8 $6 9 , 1 3 8 $220,000 $296,066 92 0 0 - C o n t r a c t S e r v i c e s $5 6 3 , 0 0 0 $924,500 $1,487,500 93 0 0 - L a n d / R i g h t o f W a y $348,480 $348,480 94 0 0 - I m p r o v e m e n t s $6 9 0 , 0 0 0 $3,648,000 $4,338,000 95 0 0 - M i s c e l l a n e o u s $1 3 7 , 3 8 2 $392,500 $529,882 TO T A L $6 , 9 2 8 $1 , 4 5 9 , 5 2 0 $5,533,480 $6,999,928 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $ 6 , 9 2 8 $1 , 4 5 9 , 5 2 0 $5,533,480 $6,999,928 TO T A L $6 , 9 2 8 $1 , 4 5 9 , 5 2 0 $5,533,480 $6,999,928 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 525 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 32 Nu m b e r – P K 0 2 1 6 SE A N D I A M O N D P A R K Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f S e a n D i a m o n d P a r k , a 4 . 8 - a c r e n e i g h b o r h o o d p a rk i n t h e P o s i t a n o D e v e l o p m e n t . T h e d e s i g n o f S e a n Di a m o n d P a r k b e g a n i n F i s c a l Y e a r 2 0 1 5 - 1 6 a n d c o n s t ru c t i o n d o c u m e n t s a r e s c h e d u l e d t o b e c o m p l e t e d i n Fi s c a l Y e a r 2 0 1 6 - 1 7 . T h e p a r k i m p r o v e m e n t s w i l l in c l u d e t h e f o l l o w i n g a m e n i t i e s : t o t l o t a n d o l d e r ch i l d r e n ’ s p l a y a r e a ; p i c n i c t a b l e s , o p e n s p a c e m e a do w f o r i n f o r m a l s p o r t s , g a m e s a n d p a s s i v e a c t i v i t i es; tennis co u r t , g r a s s v o l l e y b a l l c o u r t , m e a n d e r i n g w a l k w a y s an d r e s t r o o m b u i l d i n g . T h e c o n s t r u c t i o n p o r t i o n o f t h e p r o j e c t i s s c h e d u l e d t o c o m m e n c e a n d b e c o m p l e ted in Fi s c a l Y e a r 2 0 1 7 - 1 8 ; h o w e v e r , i t i s c o n t i n g e n t u p o n t h e c o l l e c t i o n o f P u b l i c F a c i l i t y F e e s a s p r o j e c t e d i n t h e C I P t i m e f r a m e . T h e l a n d f o r t h e p a r k h a s been de d i c a t e d b y t h e d e v e l o p e r i n e x c h a n g e f o r c r e d i t t ow a r d P u b l i c F a c i l i t y F e e s f o r N e i g h b o r h o o d P a r k l a nd . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $4 8 , 8 1 6 $9 2 , 3 0 0 $141,116 92 0 0 - C o n t r a c t S e r v i c e s $2 2 0 , 0 0 0 $8 7 , 5 0 0 $307,500 94 0 0 - I m p r o v e m e n t s $1 , 5 6 8 , 2 2 6 $1,568,226 95 0 0 - M i s c e l l a n e o u s $3 , 0 0 0 $2 5 8 , 9 7 4 $261,974 TO T A L $2 7 1 , 8 1 6 $2 , 0 0 7 , 0 0 0 $2,278,816 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 41 0 0 - P u b l i c F a c i l i t y F e e s $2 7 1 , 8 1 6 $2 , 0 0 7 , 0 0 0 $2,278,816 TO T A L $2 7 1 , 8 1 6 $2 , 0 0 7 , 0 0 0 $2,278,816 AN N U A L O P E R A T I N G I M P A C T $1 0 4 , 0 0 0 $1 0 4 , 0 0 0 $1 0 4 , 0 0 0 8.4.a Packet Pg. 526 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 33 Nu m b e r – P K 0 3 1 5 LI B R A R Y I M P R O V E M E N T – C E N T E R F O R 2 1 S T C E N T U R Y S K I L L S Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e c o m p l e t i o n o f a p o r t i on o f t h e u n o c c u p i e d e x p a n s i o n s p a c e a d j a c e n t t o t h e c h i l d r e n ' s a r e a i n t h e L i b r a r y b u i l d i n g . T h e e n t i re 37,000 sq u a r e f o o t L i b r a r y b u i l d i n g w a s c o m p l e t e d i n F i s c a l Y e a r 2 0 0 2 - 0 3 o u t o f w h i c h 3 0 , 0 0 0 s q u a r e f o o t w a s oc c u p i e d , l e a v i n g t w o u n o c c u p i e d a r e a s w i t h 7 , 0 0 0 s quare fe e t r e m a i n i n g f o r f u t u r e e x p a n s i o n . T h i s p h a s e o f t h e L i b r a r y e x p a n s i o n i s a 1 , 8 5 0 s q u a r e f o o t a r e a ad j a c e n t t o t h e c h i l d r e n ' s a r e a . T h e p r o j e c t i n c l u des the re m o v a l o f t h e i n t e r i o r w a l l , i n s t a l l a t i o n o f d o o r s a n d w i n d o w s , c o m p l e t i n g t h e f i n i s h e s a n d p r o v i s i o n o f f u r n i s h i n g s . I t i s a n t i c i p a t e d t h e A l a m e d a C o u nty Library wo u l d o u t f i t t h e s p a c e w i t h w i - f i , w i r e l e s s l a p t o p s , p r e s e n t a t i o n e q u i p m e n t a n d o t h e r h i g h - t e c h a m e n i t ie s a n d u t i l i z e i t a s a m u l t i - p u r p o s e p r o g r a m s p a c e for a variety of t r a d i t i o n a l a n d c u t t i n g e d g e L i b r a r y p r o g r a m s t h at w i l l s u p p o r t t h e d e v e l o p m e n t o f 2 1 s t C e n t u r y s k i ll s f o r y o u t h a n d a d u l t s . T h e r o o m w o u l d b e c o m e a hub for pa r t n e r s h i p s b e t w e e n t h e L i b r a r y a n d m a n y l o c a l o r g an i z a t i o n s . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 4 , 7 2 6 $4,726 92 0 0 - C o n t r a c t S e r v i c e s $ 2 1 , 7 2 1 $4 , 1 7 9 $25,900 94 0 0 - I m p r o v e m e n t s $1 9 0 , 0 0 0 $190,000 95 0 0 - M i s c e l l a n e o u s $1 , 8 3 0 $1,830 TO T A L $2 6 , 4 4 7 $1 9 6 , 0 0 9 $222,456 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 41 0 0 - P u b l i c F a c i l i t y F e e s $ 2 6 , 4 4 7 $1 9 6 , 0 0 9 $222,456 TO T A L $2 6 , 4 4 7 $1 9 6 , 0 0 9 $222,456 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 527 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 34 Nu m b e r – P K 0 3 1 6 SH A N N O N C E N T E R P A R K I N G L O T I M P R O V E M E N T S Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t w i l l i n c l u d e d e s i g n a n d c o n s t r u c t i o n o f v a r i o u s i m p r o v e m e n t s t o t h e S h a n n o n C e n t e r p a r k i n g l o t a n d a s s o c i a t e d a m e n i t i e s . T h e i m p r o v e m e n t s i nclude bu t a r e n o t l i m i t e d t o : p a r k i n g l o t s u r f a c i n g ; p a v e me n t m a r k i n g s ; p a r k i n g l o t l i g h t i n g ; p a r k i n g i s l a n d l a n d s c a p i n g a n d i r r i g a t i o n ; s t o r m d r a i n a g e a n d g r a ding; cr o s s w a l k s ; i n s t a l l a t i o n o f a n e l e c t r i c v e h i c l e ( E V ) c h a r g i n g s t a t i o n ; a n d r e q u i r e m e n t s t o c o m p l y w i t h A m e r i c a n s w i t h D i s a b i l i t i e s A c t ( A D A ) . I t i s a n t i cipated that pa r k i n g f o r t h e S h a n n o n C e n t e r a n d t h e a s s o c i a t e d p ar k w i l l b e i m p a c t e d d u r i n g c o n s t r u c t i o n . S t a f f w i ll w o r k w i t h t h e d e s i g n e r t o b u i l d a p h a s i n g p l a n i nto the co n t r a c t d o c u m e n t s t o a l l o w f o r n o m o r e t h a n 5 0 % o f t h e p a r k i n g t o b e t a k e n b y t h e c o n s t r u c t i o n a c t i v i ti e s a t a n y s i n g l e t i m e . T h i s p r o j e c t i s f u n d e d w i t h a General Fu n d R e s e r v e d e s i g n a t i o n . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $7 0 , 1 2 0 $70,120 92 0 0 - C o n t r a c t S e r v i c e s $2 3 4 , 9 3 3 $234,933 94 0 0 - I m p r o v e m e n t s $7 6 9 , 9 4 7 $769,947 TO T A L $1 , 0 7 5 , 0 0 0 $1,075,000 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $1 , 0 7 5 , 0 0 0 $1,075,000 TO T A L $1 , 0 7 5 , 0 0 0 $1,075,000 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 528 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 35 Nu m b e r – P K 0 4 1 4 FA L L O N S P O R T S P A R K – P H A S E I I Program – PARKS PR O J E C T DE S C R I P T I O N Fa l l o n S p o r t s P a r k i s a 6 0 - a c r e c o m m u n i t y p a r k b o r d er e d b y F a l l o n R o a d , C e n t r a l P a r k w a y , L o c k h a r t S t r e et a n d G l e a s o n D r i v e . P h a s e I o f t h e p a r k w a s d e d i c ated in Ju l y 2 0 1 0 . T h i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i o n o f P h a s e I I . T h e 1 9 . 8 5 - a c r e l o w e r t e rr a c e c o n s i s t s o f t w o s y n t h e t i c t u r f s o c c e r f i e l d s , a 90-foot li g h t e d b a s e b a l l d i a m o n d , r e s t r o o m a n d c o n c e s s i o n b ui l d i n g , a d v e n t u r e p l a y g r o u n d , g r o u p p i c n i c a r e a , p ar k i n g , a n d l a n d s c a p e a n d s t r e e t f r o n t a g e i m p r o v e m e nts al o n g C e n t r a l P a r k w a y a n d F a l l o n R o a d . Th e e s t i m a t e d c o s t i s a p p r o x i m a t e l y $ 1 7 . 8 m i l l i o n a nd p r o j e c t f u n d i n g i n c l u d e s $ 1 5 . 8 m i l l i o n o f P u b l i c F a c i l i t y F e e s , $ 1 . 8 m i l l i o n o f C o m m u n i t y B e n e f i t P ayment (G e n e r a l F u n d ) , $ 1 0 0 , 0 0 0 o f C a l R e c y c l e G r a n t r e i m b ur s e m e n t s t o G e n e r a l F u n d , a n d $ 8 0 , 0 0 0 o f M e a s u r e D g r a n t f u n d s . D e s i g n b e g a n i n F i s c a l Y e a r 2 0 1 3 - 1 4 with co n s t r u c t i o n e s t i m a t e d t o b e c o m p l e t e d i n F i s c a l Y e ar 2 0 1 7 - 1 8 . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 7 5 , 0 6 4 $1 1 0 , 4 7 6 $4 , 0 2 0 $189,560 92 0 0 - C o n t r a c t S e r v i c e s $ 1 , 0 6 0 , 9 4 1 $6 8 2 , 7 9 7 $2 3 9 , 0 0 0 $1,982,738 94 0 0 - I m p r o v e m e n t s $ 3 , 3 0 7 $1 2 , 3 6 2 , 1 5 1 $2 , 1 2 8 , 1 4 2 $14,493,600 95 0 0 - M i s c e l l a n e o u s $ 2 6 , 1 0 8 $1 , 0 8 6 , 8 7 0 $1,112,978 TO T A L $1 , 1 6 5 , 4 2 0 $1 4 , 2 4 2 , 2 9 4 $2 , 3 7 1 , 1 6 2 $17,778,876 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $9 9 , 4 9 5 $99,495 10 0 5 - C o m m u n i t y B e n e f i t Pa y m e n t ( G F ) $1 , 8 0 0 , 0 0 0 $1,800,000 23 0 2 - M e a s u r e D $8 0 , 0 0 0 $80,000 41 0 0 - P u b l i c F a c i l i t y F e e s $1 , 1 6 5 , 4 2 0 $1 2 , 4 4 2 , 2 9 4 $2 , 1 9 1 , 6 6 7 $15,799,381 TO T A L $1 , 1 6 5 , 4 2 0 $1 4 , 2 4 2 , 2 9 4 $2 , 3 7 1 , 1 6 2 $17,778,876 AN N U A L O P E R A T I N G I M P A C T $3 4 7 , 0 0 0 $3 4 7 , 0 0 0 $3 4 7 , 0 0 0 $3 4 7 , 0 0 0 8.4.a Packet Pg. 529 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 36 Nu m b e r – P K 0 4 1 5 PU B L I C A R T – EM E R A L D G L E N R E C R E A T I O N & A Q U A T I C S C O M P L E X Program – PARKS PR O J E C T D E S C R I P T I O N Th i s p u b l i c a r t p r o j e c t i s s i t e d a t t h e E m e r a l d G l e n R e c r e a t i o n a n d A q u a t i c C o m p l e x , l o c a t e d o n T a s s a j ar a R o a d b e t w e e n C e n t r a l P a r k w a y a n d G l e a s o n R o a d . The bu d g e t f o r t h i s p r o j e c t i s b a s e d o n o n e p e r c e n t o f th e e s t i m a t e d b u i l d i n g v a l u a t i o n f o r t h e E m e r a l d G l en R e c r e a t i o n a n d A q u a t i c C e n t e r a n d w a s a p p r o v e d b y City Co u n c i l i n J u l y 2 0 1 3 . Ar t i s t s e l e c t i o n w a s c o m p l e t e d i n F i s c a l Y e a r 2 0 1 3 - 14 . A r t w o r k d e s i g n a n d i n s t a l l a t i o n w i l l b e c o m p l e t ed i n c o n j u n c t i o n w i t h c o m p l e t i o n o f P h a s e 1 o f t h e Emerald Gl e n R e c r e a t i o n a n d A q u a t i c C o m p l e x . S e l e c t e d a r t w or k i s t i t l e d , “ T h e S p i r i t o f A l a m i l l a S p r i n g s , ” a br o n z e s c u l p t u r e s e t b y T o d j i K u r t z m a n s h o w i n g a f e male wa t e r s p i r i t “ s k i p s a s t o n e t h r o u g h t i m e ” w i t h s p l a sh s c u l p t u r e s l e a d i n g f r o m t h e S p i r i t f i g u r e ’ s l o c a ti o n b e h i n d t h e a m p h i t h e a t e r t o t h e p l a z a i n f r o n t of Aquatic Ce n t e r . MA N A G I N G D E P A R T M E N T : Pa r k s & C o m m u n i t y S e r v i c e s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 1 , 6 5 7 $8 , 8 7 3 $10,530 92 0 0 - C o n t r a c t S e r v i c e s $2 2 , 4 0 4 $22,404 94 0 0 - I m p r o v e m e n t s $ 9 0 , 3 2 0 $1 3 4 , 6 8 0 $225,000 TO T A L $9 1 , 9 7 7 $1 6 5 , 9 5 7 $257,934 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 28 0 1 - P u b l i c A r t F u n d $ 9 1 , 9 7 7 $1 6 5 , 9 5 7 $257,934 TO T A L $9 1 , 9 7 7 $1 6 5 , 9 5 7 $257,934 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 530 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 37 Nu m b e r – P K 0 4 1 6 DU B L I N S P O R T S G R O U N D S R E N O V A T I O N Program – PARKS PR O J E C T D E S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e r e n o v a t i o n o f t h e D u b li n S p o r t s G r o u n d s l o c a t e d a t D u b l i n B o u l e v a r d a n d Ci v i c P l a z a . A r e n o v a t i o n m a s t e r p l a n w a s p r e p a r e d in Fi s c a l Y e a r 2 0 1 5 - 1 6 t h a t i d e n t i f i e d i m p r o v e m e n t s t o b e p h a s e d o v e r t i m e a n d a s f u n d i n g b e c o m e s a v a i l a b le . T h e p r o p o s e d r e n o v a t i o n p r o j e c t w i l l a d d r e s s s i te ac c e s s i b i l i t y i s s u e s , r e p l a c e t h e p l a y g r o u n d s u r f a c in g , u p g r a d e t h e p l a y e q u i p m e n t , p r o v i d e s h a d e a t b as e b a l l d u g o u t s , a n d p r o v i d e s i g n a g e . A s e p a r a t e f uture pr o j e c t , D u b l i n S p o r t s G r o u n d s - P h a s e 5 R e n o v a t i o n , p r o p o s e s t o r e n o v a t e a p p r o x i m a t e l y 1 8 0 , 0 0 0 s q u a r e f o o t o f p a r k l a n d w e s t o f S o c c e r F i e l d # 3 , w h i c h m ay in c l u d e i n s t a l l a t i o n o f a s a n d c h a n n e l d r a i n a g e s y s te m , i r r i g a t i o n u p g r a d e s a n d n e w t u r f . T h e P h a s e 5 pr o j e c t d e s i g n a n d c o n s t r u c t i o n i s a n t i c i p a t e d t o o ccur be y o n d t h e c u r r e n t C I P t i m e f r a m e . MA N A G I N G D E P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $2 1 , 0 0 0 $21,000 92 0 0 - C o n t r a c t S e r v i c e s $8 0 , 0 0 0 $80,000 94 0 0 - I m p r o v e m e n t s $4 9 5 , 0 0 0 $495,000 95 0 0 - M i s c e l l a n e o u s $3 , 0 2 5 $3,025 TO T A L $5 9 9 , 0 2 5 $599,025 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 29 0 4 - H o u s i n g - R e l a t e d Pa r k s G r a n t $5 9 9 , 0 2 5 $599,025 TO T A L $5 9 9 , 0 2 5 $599,025 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 531 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 38 Nu m b e r – P K 0 5 1 4 JO R D A N R A N C H N E I G H B O R H O O D P A R K Program – PARKS PR O J E C T D E S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f a 4 . 9 - a c r e n e i g h b o r h o o d p a r k i n t h e J o r d a n R a nc h D e v e l o p m e n t . D e s i g n o f t h e J o r d a n R a n c h Ne i g h b o r h o o d P a r k w a s c o m p l e t e d i n F i s c a l Y e a r 2 0 1 5 -1 6 a n d c o n s t r u c t i o n w i l l b e g i n l a t e i n F i s c a l Y e a r 2 0 1 5 - 1 6 w i t h c o m p l e t i o n i n F i s c a l Y e a r 2 0 1 6 - 1 7 . T he park wa s d e s i g n e d i n a c c o r d a n c e w i t h t h e N e i g h b o r h o o d P a rk S t a n d a r d s c o n t a i n e d i n t h e P a r k s a n d R e c r e a t i o n Ma s t e r P l a n . T h e J o r d a n R a n c h N e i g h b o r h o o d P a r k w i l l in c l u d e t h e f o l l o w i n g a m e n i t i e s : s h a d e d p l a y g r o u n d wi t h a r e a s f o r t o t s a g e s t w o t o f i v e a n d y o u t h a g e s f i v e t o 1 2 ; g r o u p p i c n i c a r e a w i t h t a b l e s a n d b a r b ecues; open sp a c e m e a d o w f o r i n f o r m a l s p o r t s , g a m e s a n d p a s s i v e a c t i v i t i e s ; a b a s k e t b a l l c o u r t ; a v o l l e y b a l l c o u r t ; t r a i l a c c e s s a n d a r e s t r o o m . T h e l a n d f o r t h e p a rk has been de d i c a t e d b y t h e d e v e l o p e r a n d t h e p a r k w i l l b e c o n st r u c t e d b y t h e d e v e l o p e r i n e x c h a n g e f o r c r e d i t a g ai n s t P u b l i c F a c i l i t y F e e s , u p t o $ 3 6 5 , 0 0 0 . MA N A G I N G D E P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 4 3 , 1 0 2 $8 8 , 4 0 2 $131,504 92 0 0 - C o n t r a c t S e r v i c e s $ 1 3 1 , 7 5 4 $8 0 , 8 4 6 $212,600 94 0 0 - I m p r o v e m e n t s $1 , 6 1 7 , 0 5 7 $1,617,057 95 0 0 - M i s c e l l a n e o u s $ 2 0 $3 3 7 , 7 3 2 $337,752 TO T A L $1 7 4 , 8 7 6 $2 , 1 2 4 , 0 3 7 $2,298,913 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 41 0 0 - P u b l i c F a c i l i t y F e e s $ 1 7 4 , 8 7 6 $5 0 6 , 9 8 0 $681,856 De v e l o p e r B u i l t $1 , 6 1 7 , 0 5 7 $1,617,057 TO T A L $1 7 4 , 8 7 6 $2 , 1 2 4 , 0 3 7 $2,298,913 AN N U A L O P E R A T I N G I M P A C T $3 7 , 0 0 0 $9 0 , 0 0 0 $9 0 , 0 0 0 $9 0 , 0 0 0 $9 0 , 0 0 0 8.4.a Packet Pg. 532 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 39 Nu m b e r – P K 0 5 1 5 PU B L I C A R T – F A L L O N S P O R T S P A R K Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p u b l i c a r t p r o j e c t i s l o c a t e d a t F a l l o n S p o r t s P a r k . T h i s 6 0 - a c r e c o m m u n i t y p a r k i s b o r d e r e d b y F al l o n R o a d , C e n t r a l P a r k w a y , L o c k h a r t S t r e e t a n d G l eason Dr i v e . T h e b u d g e t f o r t h i s p r o j e c t i s b a s e d o n o n e p e r c e n t o f t h e b u i l d i n g v a l u a t i o n o f b o t h F a l l o n S po r t s P a r k P h a s e I a n d I I . P h a s e I o f t h e p a r k w a s dedicated in Ju l y 2 0 1 0 . T h e d e s i g n o f P h a s e I I o f t h e p a r k b e g a n i n F i s c a l Y e a r 2 0 1 3 - 1 4 . C o n s t r u c t i o n i s e s t i m a t e d to b e c o m p l e t e d i n F i s c a l Y e a r 2 0 1 7 - 1 8 . A r t i s t s e l ection for th i s p r o j e c t t o o k p l a c e i n F i s c a l Y e a r 2 0 1 4 - 1 5 . A r tw o r k d e s i g n a n d c o n s t r u c t i o n b e g a n i n F i s c a l Y e a r 20 1 5 - 1 6 a n d i s e s t i m a t e d t o b e c o m p l e t e d i n c o n j u n c tion with co n s t r u c t i o n o f F a l l o n S p o r t s P a r k P h a s e 2 ( P K 0 4 1 4 ) . T h e s e l e c t e d a r t w o r k i s t i t l e d , “ E l a t u s , ” a n i c o ni c p o l i s h e d s t a i n l e s s s t e e l , p e d e s t a l - m o u n t e d m o n u ment, sc u l p t u r e d b y H e a t h S a t o w . MA N A G I N G DE P A R T M E N T : Pa r k s & C o m m u n i t y S e r v i c e s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 7 4 $1 0 , 4 5 6 $10,530 92 0 0 - C o n t r a c t S e r v i c e s $ 1 3 , 4 2 6 $9 , 9 7 8 $23,404 94 0 0 - I m p r o v e m e n t s $2 4 6 , 0 0 0 $246,000 TO T A L $1 3 , 5 0 0 $2 6 6 , 4 3 4 $279,934 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 28 0 1 - P u b l i c A r t F u n d $ 1 3 , 5 0 0 $2 6 6 , 4 3 4 $279,934 TO T A L $1 3 , 5 0 0 $2 6 6 , 4 3 4 $279,934 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 533 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 40 Nu m b e r – P K 0 1 1 7 DU B L I N R A N C H S U B A R E A 3 P A R K S Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f a 1 0 . 7 5 - a c r e n a t u r e c o m m u n i t y p a r k a n d t h e a d ja c e n t 2 - a c r e n e i g h b o r h o o d s q u a r e a s i d e n t i f i e d i n the Ea s t e r n D u b l i n S p e c i f i c P l a n w i t h i n t h e S u b a r e a 3 d ev e l o p m e n t . T h e l a n d f o r t h e p a r k w i l l b e d e d i c a t e d b y t h e d e v e l o p e r a n d t h e p a r k w i l l b e c o n s t r u c t e d by the de v e l o p e r i n e x c h a n g e f o r c r e d i t t o w a r d P u b l i c F a c i li t y F e e s f o r N a t u r e C o m m u n i t y P a r k L a n d , N a t u r e C o mm u n i t y P a r k L a n d I m p r o v e m e n t s , N e i g h b o r h o o d P a r k La n d , a n d N e i g h b o r h o o d P a r k I m p r o v e m e n t s . I n F i s c a l Y e a r 2 0 1 5 - 1 6 t h e d e v e l o p e r p r o v i d e d a d e p o s i t t o co v e r d e s i g n c o s t s , w h i c h a r e n o t a c c o u n t e d f o r i n the pr o j e c t b u d g e t . D e s i g n o f t h e t w o D u b l i n R a n c h S u b ar e a 3 p a r k s w i l l b e g i n i n F i s c a l Y e a r 2 0 1 5 - 1 6 a n d co n s t r u c t i o n w i l l b e c o m p l e t e i n F i s c a l Y e a r 2 0 1 6 - 1 7. The pa r k s w i l l b e d e s i g n e d i n a c c o r d a n c e w i t h t h e N a t u r e C o m m u n i t y P a r k a n d N e i g h b o r h o o d S q u a r e S t a n d a r d s co n t a i n e d i n t h e P a r k s a n d R e c r e a t i o n M a s t e r P l a n . Th e N a t u r e C o m m u n i t y P a r k w i l l o f f e r a v a r i e t y o f p as s i v e r e c r e a t i o n a l o p p o r t u n i t i e s a n d m a y i n c l u d e a t r a i l a n d s i t t i n g a r e a s , p a r c o u r s e s t y l e e x e r c i s e , and nature in t e r p r e t i v e a r e a s w i t h s i g n a g e . T h e N e i g h b o r h o o d Sq u a r e m a y i n c l u d e a r e s t r o o m b u i l d i n g , p l a y a r e a s , p i c n i c a r e a s , g a t h e r i n g s p a c e s , p a t h w a y s a n d s i t e furnishings. MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $4 7 , 9 4 0 $47,940 92 0 0 - C o n t r a c t S e r v i c e s $1 5 5 , 6 7 6 $155,676 94 0 0 - I m p r o v e m e n t s $1 , 3 3 8 , 5 7 0 $1,338,570 95 0 0 - M i s c e l l a n e o u s $2 3 9 , 1 7 2 $239,172 TO T A L $1 , 7 8 1 , 3 5 8 $1,781,358 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS De v e l o p e r B u i l t $1 , 7 8 1 , 3 5 8 $1,781,358 TO T A L $1 , 7 8 1 , 3 5 8 $1,781,358 AN N U A L O P E R A T I N G I M P A C T $1 2 8 , 0 0 0 $1 2 8 , 0 0 0 $1 2 8 , 0 0 0 $1 2 8 , 0 0 0 8.4.a Packet Pg. 534 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 41 Nu m b e r – P K N E W 2 WA L L I S R A N C H C O M M U N I T Y P A R K Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f a c o m m u n i t y p a r k o n t h r e e p a r c e l s t o t a l i n g a n 8 . 8 5 - a c r e c o m m u n i t y p a r k i n t h e W a l l i s R a n c h d e v e l opment. De s i g n o f t h e W a l l i s R a n c h C o m m u n i t y P a r k w i l l b e g i n i n F i s c a l Y e a r 2 0 1 9 - 2 0 a n d c o n s t r u c t i o n i s a n t i c i pa t e d t o b e c o m p l e t e d i n F i s c a l Y e a r 2 0 2 0 - 2 1 . T h e park will be d e s i g n e d i n a c c o r d a n c e w i t h t h e A c t i v e C o m m u n i t y P a r k S t a n d a r d s c o n t a i n e d i n t h e P a r k s a n d R e c r e a t i on M a s t e r P l a n . T h e W a l l i s R a n c h C o m m u n i t y P a r k m a y in c l u d e t h e f o l l o w i n g a m e n i t i e s : p l a y g r o u n d w i t h a r ea s f o r t o t s a g e s t w o t o f i v e a n d y o u t h a g e s f i v e t o 1 2 ; g r o u p p i c n i c a r e a s ; i n d i v i d u a l p i c n i c a r e a s ; cricket field; op e n m e a d o w a r e a f o r i n f o r m a l s p o r t s , g a m e s a n d p a s si v e a c t i v i t i e s ; t e n n i s c o u r t s ; d o g p a r k a r e a ; r e s t ro o m ; s i t e f u r n i s h i n g s ; l i g h t i n g ; p a t h w a y s a n d b e n c hes; and la n d s c a p e d a r e a s . T h e l a n d w i l l b e d e d i c a t e d b y t h e d e v e l o p e r i n e x c h a n g e f o r c r e d i t t o w a r d t h e P u b l i c F a c i l i t y F e e P r o g r a m f o r C o m m u n i t y P a r k L a n d . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $1 4 9 , 8 5 5 $149,855 92 0 0 - C o n t r a c t S e r v i c e s $1 , 0 5 1 , 0 0 0 $1,051,000 94 0 0 - I m p r o v e m e n t s $4 , 7 6 8 , 5 0 0 $4,768,500 95 0 0 - M i s c e l l a n e o u s $4 0 2 , 6 4 5 $402,645 TO T A L $6 , 3 7 2 , 0 0 0 $6,372,000 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 41 0 0 - P u b l i c F a c i l i t y F e e s $6 , 3 7 2 , 0 0 0 $6,372,000 TO T A L $6 , 3 7 2 , 0 0 0 $6,372,000 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 535 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 42 Nu m b e r – P K N E W 3 MO L L E R R A N C H N E I G H B O R H O O D S Q U A R E Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f a 1 . 1 - a c r e n e i g h b o r h o o d s q u a r e t o s e r v e n e w d ev e l o p m e n t i n E a s t e r n D u b l i n . T h e n e i g h b o r h o o d s q u are wi l l b e d e s i g n e d i n a c c o r d a n c e w i t h t h e N e i g h b o r h o o d S q u a r e S t a n d a r d s c o n t a i n e d i n t h e P a r k s a n d R e c r e at i o n M a s t e r P l a n . T h i s p r o j e c t a s s u m e s t h a t t h e l and will be d e d i c a t e d b y t h e d e v e l o p e r i n e x c h a n g e f o r c r e d i t t o w a r d t h e P u b l i c F a c i l i t y F e e s f o r N e i g h b o r h o o d Pa r k L a n d . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $1 5 , 9 2 0 $15,920 92 0 0 - C o n t r a c t S e r v i c e s $9 5 , 0 0 0 $95,000 94 0 0 - I m p r o v e m e n t s $3 0 4 , 0 0 0 $304,000 95 0 0 - M i s c e l l a n e o u s $9 7 , 6 8 0 $97,680 TO T A L $5 1 2 , 6 0 0 $512,600 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 41 0 0 - P u b l i c F a c i l i t y F e e s $5 1 2 , 6 0 0 $512,600 TO T A L $5 1 2 , 6 0 0 $512,600 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 536 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 43 Nu m b e r – P K N E W 4 PU B L I C A R T – M O L L E R R A N C H N E I G H B O R H O O D S Q U A R E Program – PARKS PR O J E C T D E S C R I P T I O N Th i s p u b l i c a r t p r o j e c t w i l l b e l o c a t e d a t t h e M o l l er R a n c h N e i g h b o r h o o d S q u a r e . T h e b u d g e t f o r t h i s pr o j e c t i s b a s e d o n t w o p e r c e n t o f c u r r e n t e s t i m a t e d project bu d g e t a n d h a s n o t y e t b e e n a p p r o v e d b y C o u n c i l . A rt i s t s e l e c t i o n i s a n t i c i p a t e d t o o c c u r i n l a t e s u m me r 2 0 2 0 , w i t h a r t w o r k i n s t a l l a t i o n i n F i s c a l Y e a r 2020-21. If pa r k d e v e l o p m e n t i s m o v e d t o a n e a r l i e r y e a r , t h e r el a t e d w o r k f o r t h e p u b l i c a r t w i l l a l s o c o r r e s p o n d in g l y m o v e . MA N A G I N G D E P A R T M E N T : Pa r k s & C o m m u n i t y S e r v i c e s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 2 0 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 2 , 9 4 0 $2,940 92 0 0 - C o n t r a c t S e r v i c e s $ 5 6 0 $560 94 0 0 - I m p r o v e m e n t s $ 6 , 5 0 0 $6,500 TO T A L $1 0 , 0 0 0 $10,000 FU N D I N G S O U R C E PR I O R YE A R S 2 0 1 5 - 2 0 1 6 Bu d g e t 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 28 0 1 - P u b l i c A r t F u n d $ 1 0 , 0 0 0 $10,000 TO T A L $1 0 , 0 0 0 $10,000 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 537 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 44 Nu m b e r – P K 0 2 1 7 PU B L I C A R T – D U B L I N C R O S S I N G C O M M U N I T Y P A R K Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p u b l i c a r t p r o j e c t w i l l b e l o c a t e d a t t h e D u b l in C r o s s i n g d e v e l o p m e n t . T h e 3 0 - a c r e C o m m u n i t y P a r k s i t e w i l l b e b u i l t o v e r t h r e e p h a s e s . T h e v a l u a t i on of this pr o j e c t i s b a s e d o n a l l p h a s e s a n d a l s o t a k e s i n t o co n s i d e r a t i o n t h e h i g h v i s i b i l i t y o f t h e p a r k l o c a t io n . T h e p r o j e c t c o n t a i n s t w o c o m p o n e n t s . 1 - P e r m a n e n t P u b l i c A r t w o r k : A r t i s t s e l e c t i o n f o r a p e r m a n e n t p u b l i c a r t w o r k w i l l t a k e p l a c e t o c o i n ci d e w i t h t h e d e s i g n o f P h a s e I i n F i s c a l Y e a r 2 0 1 6 -17. Ar t w o r k d e s i g n a n d i n s t a l l a t i o n w i l l b e g i n i n F i s c a l Y e a r 2 0 1 6 - 1 7 a n d c o m p l e t e d i n F i s c a l Y e a r 2 0 1 8 - 1 9 . 2 - T e m p o r a r y S c u l p t u r e E x h i b i t P a d s : I n F i s c a l Y e a r 2 0 1 8 - 1 9 , a n a r e a w i l l b e i d e n t i f i e d w i t h i n P h a s e II f o r a T e m p o r a r y S c u l p t u r e G a r d e n . T h i s p r o j e c t will pr o v i d e f o r p a d s t o b e d e s i g n e d a n d i n s t a l l e d t o a c co m m o d a t e a p r o g r a m o f t e m p o r a r y s c u l p t u r e s . MA N A G I N G DE P A R T M E N T : Pa r k s & C o m m u n i t y S e r v i c e s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $7 , 8 4 0 $9 , 8 0 0 $3 , 9 2 0 $21,560 92 0 0 - C o n t r a c t S e r v i c e s $1 8 , 6 0 6 $4 1 , 7 9 3 $2 1 , 6 3 0 $82,029 94 0 0 - I m p r o v e m e n t s $1 5 0 , 0 0 0 $2 0 0 , 0 0 0 $3 0 0 , 0 0 0 $650,000 TO T A L $1 7 6 , 4 4 6 $2 5 1 , 5 9 3 $3 2 5 , 5 5 0 $753,589 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 28 0 1 - P u b l i c A r t F u n d $1 7 6 , 4 4 6 $2 5 1 , 5 9 3 $3 2 5 , 5 5 0 $753,589 TO T A L $1 7 6 , 4 4 6 $2 5 1 , 5 9 3 $3 2 5 , 5 5 0 $753,589 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 538 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 45 Nu m b e r – P K N E W 6 PU B L I C A R T – J O R D A N R A N C H N E I G H B O R H O O D P A R K Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p u b l i c a r t p r o j e c t w i l l b e l o c a t e d a t J o r d a n R an c h N e i g h b o r h o o d P a r k . T h e b u d g e t f o r t h i s p r o j e c t i s b a s e d o n t w o p e r c e n t o f t h e e s t i m a t e d p a r k d e v e lopment bu d g e t . T h e p r o p o s e d a r t i s a t i l e p r o j e c t f o r c o n c re t e s e a t w a l l s a r o u n d t h e p l a y a r e a , w i t h t h e i n t e nt i o n o f i n v o l v i n g t h e c o m m u n i t y i n t h e d e s i g n . A r tist selection is an t i c i p a t e d i n l a t e S p r i n g - 2 0 1 7 . A r t w o r k d e s i g n a n d i n s t a l l a t i o n w i l l b e c o m p l e t e d i n F i s c a l Y e a r 2 0 1 7- 1 8 . MA N A G I N G DE P A R T M E N T : Pa r k s & C o m m u n i t y S e r v i c e s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $2 , 9 4 0 $2,940 92 0 0 - C o n t r a c t S e r v i c e s $3 , 0 4 0 $3,040 94 0 0 - I m p r o v e m e n t s $4 1 , 0 0 0 $41,000 TO T A L $4 6 , 9 8 0 $46,980 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 28 0 1 - P u b l i c A r t F u n d $4 6 , 9 8 0 $46,980 TO T A L $4 6 , 9 8 0 $46,980 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 539 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 46 Nu m b e r – P K N E W 7 PU B L I C A R T – S E A N D I A M O N D P A R K Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p u b l i c a r t p r o j e c t w i l l b e l o c a t e d a t S e a n D i a mo n d P a r k . T h e b u d g e t f o r t h i s p r o j e c t i s b a s e d o n tw o p e r c e n t o f t h e e s t i m a t e d p r o j e c t b u d g e t a n d h a s not yet be e n a p p r o v e d b y C i t y C o u n c i l . T h e p r o p o s e d a r t w i ll b e a f o c a l p o i n t o f t h e p a r k . C i t y C o u n c i l h a s re q u e s t e d f u n c t i o n a l a r t , s u c h a s a s h a d e s t r u c t u r e . Artist se l e c t i o n i s a n t i c i p a t e d i n m i d - 2 0 1 7 . A r t w o r k d e s i gn a n d i n s t a l l a t i o n w i l l b e c o m p l e t e d i n F i s c a l Y e a r 2 0 1 7 - 1 8 . MA N A G I N G DE P A R T M E N T : Pa r k s & C o m m u n i t y S e r v i c e s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $3 , 9 2 0 $3,920 92 0 0 - C o n t r a c t S e r v i c e s $2 , 0 8 0 $2,080 94 0 0 - I m p r o v e m e n t s $4 2 , 0 0 0 $42,000 TO T A L $4 8 , 0 0 0 $48,000 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 28 0 1 - P u b l i c A r t F u n d $4 8 , 0 0 0 $48,000 TO T A L $4 8 , 0 0 0 $48,000 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 540 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 47 Nu m b e r – P K 0 3 1 7 PU B L I C A R T – D U B L I N R A N C H S U B A R E A 3 C O M M U N I T Y P A R K Program – PARKS PR O J E C T DE S C R I P T I O N Th i s p u b l i c a r t p r o j e c t w i l l b e l o c a t e d a t D u b l i n R an c h S u b a r e a 3 . T h e b u d g e t f o r t h i s p r o j e c t i s b a s e d o n t w o p e r c e n t o f t h e e s t i m a t e d p r o j e c t b u d g e t a n d has not ye t b e e n a p p r o v e d b y C i t y C o u n c i l . T h e t y p e o f a r t ha s n o t y e t b e e n i d e n t i f i e d . A r t i s t s e l e c t i o n i s a nt i c i p a t e d f o r f a l l 2 0 1 6 . A r t w o r k d e s i g n a n d i n s t a l lation will be co m p l e t e i n F i s c a l Y e a r 2 0 1 6 - 1 7 . MA N A G I N G DE P A R T M E N T : Pa r k s & C o m m u n i t y S e r v i c e s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $2 , 9 4 0 $2,940 94 0 0 - I m p r o v e m e n t s $3 2 , 6 6 0 $32,660 TO T A L $3 5 , 6 0 0 $35,600 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 28 0 1 - P u b l i c A r t F u n d $ 3 5 , 6 0 0 $35,600 TO T A L $3 5 , 6 0 0 $35,600 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 541 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Pa r k s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 48 Nu m b e r – P K 0 4 1 7 PU B L I C A R T – P U B L I C S A F E T Y C O M P L E X – P O L I C E S E R V I C E S BU I L D I N G Program – PARKS PR O J E C T D E S C R I P T I O N Th i s p u b l i c a r t p r o j e c t w i l l b e s i t e d a t t h e P u b l i c S a f e t y C o m p l e x l o c a t e d a t t h e i n t e r s e c t i o n o f D u b l in B o u l e v a r d a n d C l a r k A v e n u e . T h e b u d g e t f o r t h i s project is ba s e d o n t w o p e r c e n t o f t h e e s t i m a t e d t o t a l p r o j e c t v a l u e . A r t i s t s e l e c t i o n w i l l b e c o m p l e t e d i n F i s c al Y e a r 2 0 1 6 - 1 7 . A r t w o r k d e s i g n a n d i n s t a l l a t i o n w ill be co m p l e t e d i n c o n j u n c t i o n w i t h t h e c o m p l e t i o n o f t h e P u b l i c S a f e t y C o m p l e x – P o l i c e S e r v i c e s B u i l d i n g p ro j e c t . MA N A G I N G D E P A R T M E N T : Pa r k s & C o m m u n i t y S e r v i c e s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS ESTIMATE TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $1 2 , 0 5 4 $12,054 92 0 0 - C o n t r a c t S e r v i c e s $2 6 , 2 4 6 $26,246 94 0 0 - I m p r o v e m e n t s $2 6 1 , 7 0 0 $261,700 TO T A L $3 0 0 , 0 0 0 $300,000 FU N D I N G S O U R C E PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS ESTIMATE TOTALS 28 0 1 - P u b l i c A r t F u n d $3 0 0 , 0 0 0 $300,000 TO T A L $3 0 0 , 0 0 0 $300,000 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 542 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 49 ST R E E T S SU M M A R Y O F P R O J E C T S C O M P L E T E D I N F I S C A L Y E A R 2 0 1 5 - 1 6 Pr o j e c t # Pr o j e c t D e s c r i p t i o n Es t i m a t e d T o t a l P r o j e c t C o s t ST 0 4 9 4 S a i n t P a t r i c k W a y – R e g i o n a l S t r e e t t o G o l d e n G a t e D r i v e $ 8 5 2 , 5 8 4 ST 5 0 1 4 A n n u a l S t r e e t O v e r l a y P r o g r a m ( F Y 1 3 - 1 4 ) $7 4 6 , 5 8 8 ST 5 0 1 5 A n n u a l S t r e e t O v e r l a y P r o g r a m ( F Y 1 4 - 1 5 ) $1 , 2 0 6 , 8 5 6 ST 5 1 1 5 A n n u a l S l u r r y S e a l P r o g r a m ( F Y 1 4 - 1 5 ) $6 5 4 , 9 5 4 ST 6 0 1 5 D u b l i n R a n c h S t r e e t L i g h t P o l e P a i n t i n g P r o j ec t ( F Y 1 4 - 1 5 ) $ 3 4 , 2 3 4 8.4.a Packet Pg. 543 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 50 LO C A T I O N 8.4.a Packet Pg. 544 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 51 Nu m b e r – S T 0 1 1 6 TA S S A J A R A R O A D R E A L I G N M E N T & W I D E N I N G Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t w i l l a d d o n e a u t o m o b i l e l a n e a n d o n e b ik e l a n e i n e a c h d i r e c t i o n o f T a s s a j a r a R o a d f r o m N or t h D u b l i n R a n c h D r i v e a n d C o n t r a C o s t a C o u n t y l i m it li n e . T h e p r o j e c t w i l l a l s o a d d n e w s i d e w a l k s a n d u pg r a d e a l l e x i s t i n g a n d f u t u r e t r a f f i c s i g n a l s t o a cc o m m o d a t e t h e s t r e e t w i d e n i n g . E a c h i n t e r s e c t i o n in this se g m e n t w i l l b e d e s i g n e d t o a c h i e v e g o o d c i r c u l a t i o n w h i l e a d h e r i n g t o t h e C o m p l e t e S t r e e t P o l i c y . T h e p r o j e c t a l s o i n c l u d e s t h e c o n s t r u c t i o n o f a n e w c enter raised co n c r e t e m e d i a n w i t h s t r e e t l i g h t i n g a n d n e w c u r b a nd g u t t e r . T h i s p r o j e c t r e q u i r e s p r e l i m i n a r y e n g i n ee r i n g i n c l u d i n g a f e a s i b i l i t y a n a l y s i s t o d e f i n e t he new roadway al i g n m e n t , d e s i g n c r o s s - s e c t i o n , r i g h t o f w a y , a n d en v i r o n m e n t a l c l e a r a n c e b e f o r e i t c a n b e m o v e d f o r w ar d t o t h e d e s i g n a n d c o n s t r u c t i o n p h a s e . P r e l i m i n ary en g i n e e r i n g a n d e n v i r o n m e n t a l d o c u m e n t p r e p a r a t i o n be g a n i n F i s c a l Y e a r 2 0 1 5 - 1 6 . D e t a i l d e s i g n a n d r i gh t - o f - w a y a c q u i s i t i o n w i l l f o l l o w , p e n d i n g a v a i l a b le fu n d i n g . T o t a l c o s t o f t h e p r o j e c t i s $ 4 3 . 6 m i l l i o n. O f t h i s c o s t , $ 1 6 . 6 m i l l i o n w o r t h o f i m p r o v e m e n ts a r e e x p e c t e d t o b e c o m p l e t e d b y t h e d e v e l o p e r s a nd the re m a i n i n g a m o u n t ( $ 2 7 m i l l i o n ) w i l l n e e d t o b e g e n e ra t e d f r o m E a s t e r n D u b l i n T r a f f i c I m p a c t f e e s a n d / o r f r o m r e g i o n a l f u n d i n g s o u r c e s l i k e M e a s u r e B B . A si g n i f i c a n t a m o u n t o f t h i s c o s t i s r e l a t e d t o i m p r o vi n g t h e h o r i z o n t a l a l i g n m e n t o f t h e s t r e e t a t t h e Co u n t y l i n e w h i c h r e q u i r e s s e v e r a l r e t a i n i n g w a l l s to straighten the ro a d w a y . T h e C i t y h a s s u b m i t t e d a p r o j e c t a p p l i c a t i on f o r i n c l u s i o n t o t h e A l a m e d a C o u n t y w i d e T r a n s p o r ta t i o n P l a n . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $4 , 2 5 0 $2 5 , 8 4 0 $2 5 , 8 4 0 $3 8 , 4 0 0 $9 5 , 4 8 0 $1 4 5 , 4 8 0 $800,000 $1,135,290 92 0 0 - C o n t r a c t S e r v i c e s $1 1 5 , 7 5 0 $1 7 4 , 1 6 0 $1 7 4 , 1 6 0 $3 6 1 , 6 0 0 $1 , 2 3 5 , 5 2 0 $2 , 0 3 0 , 5 2 0 $4,000,000 $8,091,710 93 0 0 - L a n d / R i g h t o f W a y $1 , 1 1 5 , 0 0 0 $6 , 0 8 4 , 0 0 0 $7,199,000 94 0 0 - I m p r o v e m e n t s $27,215,000 $27,215,000 TO T A L $1 2 0 , 0 0 0 $2 0 0 , 0 0 0 $2 0 0 , 0 0 0 $4 0 0 , 0 0 0 $2 , 4 4 6 , 0 0 0 $8 , 2 6 0 , 0 0 0 $32,015,000 $43,641,000 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 22 1 7 - M e a s u r e B B G r a n t s $2 0 0 , 0 0 0 $1 0 0 , 0 0 0 $2 0 0 , 0 0 0 $1 , 4 4 6 , 0 0 0 $7 , 9 6 0 , 0 0 0 $9,906,000 43 0 1 - T r a f f i c I m p a c t F e e - Ca t e g o r y 1 $1 2 0 , 0 0 0 $1 0 0 , 0 0 0 $2 0 0 , 0 0 0 $1 , 0 0 0 , 0 0 0 $3 0 0 , 0 0 0 $1,720,000 Un i d e n t i f i e d $32,015,000 $32,015,000 TO T A L $1 2 0 , 0 0 0 $2 0 0 , 0 0 0 $2 0 0 , 0 0 0 $4 0 0 , 0 0 0 $2 , 4 4 6 , 0 0 0 $8 , 2 6 0 , 0 0 0 $32,015,000 $43,641,000 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 545 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 52 Nu m b e r – S T 0 2 1 6 DU B L I N B O U L E V A R D E X T E N S I O N Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f t h e 1 . 5 m i l e e x t e n s i o n o f D u b l i n B o u l e v a r d f r om F a l l o n R o a d t o N o r t h C a n y o n s P a r k w a y i n L i v e r m o r e. Th e e x t e n s i o n i s p l a n n e d t o h a v e f o u r t o s i x t r a v e l l a n e s , b i k e l a n e s , s i d e w a l k s , c u r b a n d g u t t e r , t r a ff i c s i g n a l s , s t r e e t l i g h t i n g , l a n d s c a p e d r a i s e d m e dian islands, bus st o p s , a n d a l l c i t y s t r e e t u t i l i t i e s . T h i s p r o j e c t re q u i r e s p r e l i m i n a r y e n g i n e e r i n g i n c l u d i n g a f e a s i b il i t y a n a l y s i s t o d e f i n e t h e n e w r o a d w a y a l i g n m e n t , design cross- se c t i o n , r i g h t - o f - w a y , a n d e n v i r o n m e n t a l c l e a r a n c e be f o r e i t c a n p r o c e e d t o d e s i g n a n d c o n s t r u c t i o n . Pr e l i m i n a r y d e s i g n o f t h e p r o j e c t b e g a n i n F i s c a l Y ear 2015-16. Th e p r o j e c t i s n o t f u l l y f u n d e d ; h o w e v e r , t h e C i t y ha s s u b m i t t e d a p r o j e c t a p p l i c a t i o n f o r i n c l u s i o n t o t h e A l a m e d a C o u n t y w i d e T r a n s p o r t a t i o n P l a n . S t a f f anticipates th e p r o j e c t w i l l b e a d d e d t o t h e i r C a p i t a l I m p r o v e m en t P r o g r a m f o r f u t u r e d i s c r e t i o n a r y M e a s u r e B B f u n di n g . T o t a l c o s t o f t h i s p r o j e c t i s a p p r o x i m a t e l y $79.6 mi l l i o n a n d i s a n t i c i p a t e d t o b e d i v i d e d a m o n g t h e Ci t y o f D u b l i n a n d t h e C i t y o f L i v e r m o r e o n t h e b a s is o f s t r e e t l e n g t h i n e a c h j u r i s d i c t i o n . A s e g m e n t of future ro a d w a y i s w i t h i n u n i n c o r p o r a t e d A l a m e d a C o u n t y a n d p r o j e c t c o s t s f o r t h i s s e g m e n t w i l l b e s h a r e d b y D ub l i n a n d L i v e r m o r e , u n l e s s o t h e r f u n d i n g i s a c q u i r ed. Ba s e d o n t h e s i m p l e c e n t e r l i n e l e n g t h a n d e x p e c t e d pr o j e c t i m p r o v e m e n t s , i t i s e x p e c t e d t h a t t h e C i t y of D u b l i n w i l l b e r e s p o n s i b l e f o r a p p r o x i m a t e l y $ 6 3 .3 million an d L i v e r m o r e w i l l b e r e s p o n s i b l e f o r t h e r e m a i n d e r ( $ 1 6 . 3 m i l l i o n ) . P r o j e c t c o s t a l l o c a t i o n w i l l n e e d t o b e c r e a t e d t h r o u g h a n a g r e e m e n t b e t w e e n t h e t w o cities. MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $9 8 , 5 0 0 $9 8 , 5 0 0 $1 3 4 , 9 0 0 $1 3 9 , 9 0 0 $500,000 $971,800 92 0 0 - C o n t r a c t S e r v i c e s $4 0 0 , 0 0 0 $2 9 6 , 5 0 0 $5 5 2 , 5 0 0 $8 6 5 , 1 0 0 $8 6 0 , 1 0 0 $9,555,000 $12,529,200 93 0 0 - L a n d / R i g h t o f W a y $12,650,000 $12,650,000 94 0 0 - I m p r o v e m e n t s $37,129,000 $37,129,000 TO T A L $4 0 0 , 0 0 0 $3 9 5 , 0 0 0 $6 5 1 , 0 0 0 $1 , 0 0 0 , 0 0 0 $1 , 0 0 0 , 0 0 0 $59,834,000 $63,280,000 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 43 0 1 - T r a f f i c I m p a c t F e e - Ca t e g o r y 1 $4 0 0 , 0 0 0 $3 9 5 , 0 0 0 $6 5 1 , 0 0 0 $1 , 0 0 0 , 0 0 0 $1 , 0 0 0 , 0 0 0 $3,446,000 Un i d e n t i f i e d $59,834,000 $59,834,000 TO T A L $4 0 0 , 0 0 0 $3 9 5 , 0 0 0 $6 5 1 , 0 0 0 $1 , 0 0 0 , 0 0 0 $1 , 0 0 0 , 0 0 0 $59,834,000 $63,280,000 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 546 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 53 Nu m b e r – S T 0 3 1 6 VI L L A G E P A R K W A Y & B R I G H T O N D R I V E T R A F F I C S I G N A L UP G R A D E Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t i m p r o v e s t r a f f i c s a f e t y a t t h e i n t e r s e ct i o n o f V i l l a g e P a r k w a y a n d B r i g h t o n D r i v e b y c r e a ti n g a n e x c l u s i v e l e f t t u r n p h a s e a t t h e t r a f f i c s i gnal for the east an d w e s t a p p r o a c h e s . T h i s i n t e r s e c t i o n i s u s e d h e a v il y b y D u b l i n H i g h S c h o o l s t u d e n t s a n d p a r e n t s a s a d i r e c t r o u t e t o s c h o o l . T h i s e x c l u s i v e v e h i c l e p h a se will el i m i n a t e m o v e m e n t c o n f l i c t s b e t w e e n l e f t t u r n i n g v eh i c l e s a n d p e d e s t r i a n s , t h e r e b y c r e a t i n g a s a f e r r ou t e t o s c h o o l f o r s t u d e n t s . T h e s e i m p r o v e m e n t s w e r e re c o m m e n d e d b y t h e A l a m e d a C o u n t y S a f e R o u t e s t o S c ho o l p r o g r a m , a s a k e y s a f e t y i m p r o v e m e n t f o r p e d e s tr i a n s a t t h i s i n t e r s e c t i o n . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $9 , 4 8 0 $9,480 92 0 0 - C o n t r a c t S e r v i c e s $6 , 5 0 0 $6,500 94 0 0 - I m p r o v e m e n t s $1 8 0 , 0 0 0 $180,000 95 0 0 - M i s c e l l a n e o u s $5 0 0 $500 TO T A L $1 9 6 , 4 8 0 $196,480 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 22 0 7 - T F C A / T r a n s p o r t a t i o n f o r Cl e a n A i r $6 1 , 1 3 3 $61,133 22 1 2 - V e h i c l e R e g i s t r a t i o n F e e (A C T C ) $1 3 5 , 3 4 7 $135,347 TO T A L $1 9 6 , 4 8 0 $196,480 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 547 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 54 Nu m b e r – S T 0 5 1 4 SA N R A M O N R O A D T R A I L I M P R O V E M E N T S Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f i m p r o v e m e n t s t o t h e t r a i l l i g h t f i x t u r e s b e t w ee n A l c o s t a B o u l e v a r d a n d S i l v e r g a t e D r i v e . I n p r i or years, the pr o j e c t i n c l u d e d i n s t a l l a t i o n o f t r e e r o o t b a r r i e r s a n d r e p a i r o f p o r t i o n s o f t h e a s p h a l t t r a i l . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 1 6 , 9 9 9 $1 1 , 3 7 9 $28,378 92 0 0 - C o n t r a c t S e r v i c e s $5 , 0 0 0 $5,000 94 0 0 - I m p r o v e m e n t s $ 5 4 , 4 0 9 $8 4 , 6 2 4 $139,033 95 0 0 - M i s c e l l a n e o u s $ 4 5 0 $6 0 0 $1,050 TO T A L $7 1 , 8 5 8 $1 0 1 , 6 0 3 $173,461 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $ 7 1 , 8 5 8 $1 0 1 , 6 0 3 $173,461 TO T A L $7 1 , 8 5 8 $1 0 1 , 6 0 3 $173,461 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 548 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 55 Nu m b e r – S T 0 6 1 0 CI T Y W I D E S T R E E T S T O R M D R A I N C O N D I T I O N A S S E S S M E N T Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r a m u l t i - y e a r p h a s e d a s s e s sm e n t a n d r e p a i r o f C i t y s t o r m d r a i n s . T h e p h a s e 2 a s s e s s m e n t r e p o r t w a s c o m p l e t e d i n F i s c a l Y e a r 2 0 1 2-13 an d p r i o r i t y r e p a i r s w e r e c o m p l e t e d i n F i s c a l Y e a r 20 1 3 - 1 4 . T h e r e m a i n i n g p h a s e 2 r e p a i r w o r k w i l l c o nt i n u e t h r o u g h F i s c a l Y e a r 2 0 1 6 - 1 7 . I n F i s c a l Y e a r 2016- 17 a p h a s e 3 a s s e s s m e n t r e p o r t w i l l b e c o m p l e t e d t o i d e n t i f y a n y f u t u r e r e p a i r w o r k f o r t h e n e x t 4 y e a rs . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 2 5 , 1 9 3 $1 7 , 9 8 6 $1 3 , 9 4 0 $57,119 92 0 0 - C o n t r a c t S e r v i c e s $ 2 2 0 , 6 0 2 $4 5 , 6 6 2 $5 , 0 0 0 $271,264 94 0 0 - I m p r o v e m e n t s $ 2 0 6 , 4 4 6 $2 2 5 , 3 0 6 $2 3 2 , 5 7 5 $664,327 95 0 0 - M i s c e l l a n e o u s $ 1 , 1 9 9 $1 , 0 0 0 $5 0 0 $2,699 TO T A L $4 5 3 , 4 4 0 $2 8 9 , 9 5 4 $2 5 2 , 0 1 5 $995,409 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $ 4 5 3 , 4 4 0 $2 8 9 , 9 5 4 $2 5 2 , 0 1 5 $995,409 TO T A L $4 5 3 , 4 4 0 $2 8 9 , 9 5 4 $2 5 2 , 0 1 5 $995,409 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 549 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 56 Nu m b e r – S T 0 6 1 5 TR A F F I C S I G N I N V E N T O R Y A N D S A F E T Y R E V I E W Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t i m p l e m e n t s t h e S t a t e m a n d a t e d r e q u i r e m en t o f a s s e s s i n g t h e r e t r o - r e f l e c t i v i t y o f t r a f f i c si g n s . W o r k w i l l i n c l u d e t h e e v a l u a t i o n o f a l l r e g u lated signs an d t h e p r i o r i t i z a t i o n o f s i g n r e p l a c e m e n t . S i g n s th a t d o n o t c o n f o r m t o t h e m i n i m u m r e t r o - r e f l e c t i v i ty r e q u i r e m e n t w i l l b e s c h e d u l e d f o r r e p l a c e m e n t . S ign re p l a c e m e n t a n d o n - g o i n g m a i n t e n a n c e i s i n c l u d e d i n t h e s t r e e t m a i n t e n a n c e o p e r a t i n g b u d g e t . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $1 0 , 9 2 3 $10,923 92 0 0 - C o n t r a c t S e r v i c e s $1 2 3 , 0 0 0 $123,000 TO T A L $1 3 3 , 9 2 3 $133,923 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 21 0 6 - T r a f f i c S a f e t y $1 3 3 , 9 2 3 $133,923 TO T A L $1 3 3 , 9 2 3 $133,923 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 550 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 57 Nu m b e r – S T 0 7 1 3 CI T Y W I D E S I G N A L C O M M U N I C A T I O N S U P G R A D E Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e c o n t i n u e d u p g r a d e s o f t h e t r a f f i c s i g n a l c o m m u n i c a t i o n s s y s t e m . W o r k w i ll i n c l u d e t h e r e p l a c e m e n t o f o l d s i g n a l c o n t r o l l e r s, co n f l i c t m o n i t o r s , a n d b a t t e r y b a c k u p u n i t s . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 1 , 3 5 9 $1 0 , 5 6 8 $7 , 8 4 0 $7 , 8 4 0 $7 , 8 4 0 $7 , 8 4 0 $7 , 8 4 0 $51,127 92 0 0 - C o n t r a c t S e r v i c e s $ 3 5 , 2 0 0 $1 , 8 0 0 $37,000 94 0 0 - I m p r o v e m e n t s $ 3 8 0 , 5 2 6 $1 0 1 , 2 3 1 $3 3 , 0 0 0 $3 3 , 0 0 0 $3 3 , 0 0 0 $3 3 , 0 0 0 $3 3 , 0 0 0 $646,757 TO T A L $4 1 7 , 0 8 5 $1 1 3 , 5 9 9 $4 0 , 8 4 0 $4 0 , 8 4 0 $4 0 , 8 4 0 $4 0 , 8 4 0 $4 0 , 8 4 0 $734,884 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 22 1 2 - V e h i c l e R e g i s t r a t i o n F e e (A C T C ) $3 2 7 , 6 1 1 $1 0 8 , 1 7 3 $4 0 , 8 4 0 $4 0 , 8 4 0 $4 0 , 8 4 0 $4 0 , 8 4 0 $4 0 , 8 4 0 $639,984 63 0 5 - I n t e r n a l S e r v i c e F u n d - Eq u i p m e n t $8 9 , 4 7 4 $5 , 4 2 6 $94,900 TO T A L $4 1 7 , 0 8 5 $1 1 3 , 5 9 9 $4 0 , 8 4 0 $4 0 , 8 4 0 $4 0 , 8 4 0 $4 0 , 8 4 0 $4 0 , 8 4 0 $734,884 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 551 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 58 Nu m b e r – S T 0 7 1 5 CI T Y I R R I G A T I O N I M P R O V E M E N T S Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t h a s t h e f o l l o w i n g t w o c o m p o n e n t s : 1 ) Ir r i g a t i o n S y s t e m U p g r a d e s - U p g r a d e s e x i s t i n g c o n t ro l l e r s l o c a t e d o n s t r e e t m e d i a n s e a s t o f D o u g h e r t y Road so t h e c o n t r o l l e r s c a n c o m m u n i c a t e w i t h t h e C i t y ’ s Ce n t r a l I r r i g a t i o n S y s t e m ; a n d 2 ) I r r i g a t i o n O p t i m i za t i o n - I m p r o v e s w a t e r e f f i c i e n c y a n d l a n d s c a p e q u ality th r o u g h r e v i s i o n s t o i r r i g a t i o n p r o g r a m s b a s e d o n s it e s p e c i f i c c o n d i t i o n s a t p a r k s a n d f a c i l i t i e s . I rr i g a t i o n s y s t e m u p g r a d e s w e r e c o m p l e t e d i n F i s c a l Year 2014- 15 . T h e s e c o n d p h a s e , w h i c h i n c l u d e s s o f t w a r e u p g ra d e s a n d r e l a t e d i r r i g a t i o n o p t i m i z a t i o n , i s c o n t i ng e n t u p o n t h e r e l e a s e o f n e w s o f t w a r e . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FU T U R E YEARS TOTALS 91 0 0 S a l a r i e s & B e n e f i t s $ 3 , 1 2 0 $8 , 3 8 0 $11,500 92 0 0 C o n t r a c t S e r v i c e s $ 1 0 , 4 9 3 $4 7 , 3 6 2 $57,855 94 0 0 I m p r o v e m e n t s $ 9 9 , 1 4 0 $3 1 , 8 6 1 $131,001 95 0 0 M i s c e l l a n e o u s $ 5 3 5 $1 , 1 6 4 $1,699 TO T A L $1 1 3 , 2 8 8 $8 8 , 7 6 7 $202,055 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FU T U R E YEARS TOTALS 71 0 1 E n e r g y E f f i c i e n t Ca p i t a l L e a s e $1 1 3 , 2 8 8 $8 8 , 7 6 7 $202,055 TO T A L $1 1 3 , 2 8 8 $8 8 , 7 6 7 $202,055 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 552 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 59 Nu m b e r – S T 0 8 1 5 AM A D O R P L A Z A R O A D B I C Y C L E A N D P E D E S T R I A N IM P R O V E M E N T S Program – STREETS PR O J E C T D E S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r v a r i o u s i m p r o v e m e n t s a l o n g A m a d o r P l a z a R o a d b e t w e e n D u b l i n B o u l e v a r d a n d A m ad o r V a l l e y B o u l e v a r d . T h e s e i m p r o v e m e n t s w i l l en h a n c e t r a f f i c s a f e t y a n d t r a f f i c c i r c u l a t i o n i n t he d o w n t o w n a r e a . T h e p r o j e c t i s a t i e r 1 p r i o r i t y p r o j e c t i n t h e C i t y o f D u b l i n B i c y c l e a n d P e d e s t r i an Master Pl a n . T h e p r o j e c t w i l l b e c o n s t r u c t e d i n t w o p h a s e s. T h e f i r s t p h a s e w i l l i n c l u d e t h e i n s t a l l a t i o n o f t w o m i d - b l o c k c r o s s w a l k s w i t h p e d e s t r i a n w a r n i n g l ights and co n s t r u c t i o n o f a r a i s e d c o n c r e t e m e d i a n a t t h e s o u th e r n S a f e w a y / D u b l i n P l a c e d r i v e w a y . T h e f i r s t p h a se i s a n t i c i p a t e d t o b e c o m p l e t e d b y J u n e 2 0 1 6 . T h e se c o n d p h a s e w i l l i n c l u d e t h e s t r i p i n g o f b i k e l a n e s a n d c o n s t r u c t i o n o f a n e x c l u s i v e r i g h t t u r n l a n e on A m a d o r P l a z a R o a d a t D u b l i n B o u l e v a r d a n d i s a n t icipated to b e g i n i n 2 0 1 7 . MA N A G I N G D E P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FU T U R E YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 5 2 3 $1 8 , 8 9 2 $19,415 92 0 0 - C o n t r a c t S e r v i c e s $ 1 3 , 8 0 7 $2 1 4 , 5 6 3 $228,370 93 0 0 - L a n d / R i g h t o f W a y $1 2 6 , 0 0 0 $126,000 94 0 0 - I m p r o v e m e n t s $1 , 0 3 5 , 8 6 2 $1,035,862 95 0 0 - M i s c e l l a n e o u s $4 , 0 0 0 $4,000 TO T A L $1 4 , 3 3 0 $1 , 3 9 9 , 3 1 7 $1,413,647 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FU T U R E YEARS TOTALS 10 0 1 - G e n e r a l F u n d $ 4 5 9 , 6 4 7 $459,647 43 0 4 - T r a f f i c I m p a c t F e e - Do w n t o w n $1 4 , 3 3 0 $9 3 9 , 6 7 0 $954,000 TO T A L $1 4 , 3 3 0 $1 , 3 9 9 , 3 1 7 $1,413,647 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 553 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 60 Nu m b e r – S T 0 9 1 1 DO U G H E R T Y R O A D I M P R O V E M E N T S S I E R R A L A N E T O N O R T H C I TY L I M I T Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e w i d e n i n g o f D o u g h e r t y R o a d ( S i e r r a L a n e t o t h e N o r t h C i t y L i m i t ) f r o m f o ur t o s i x l a n e s i n c l u d i n g c o n s t r u c t i o n o f b i k e l a n e s, mo d i f i c a t i o n o f t r a f f i c s i g n a l s , r a i s e d l a n d s c a p e d me d i a n a n d i n s t a l l a t i o n o f a d d i t i o n a l s t r e e t a n d p e de s t r i a n l i g h t i n g . D e t a i l e d d e s i g n h a s b e e n c o m p l e ted, the en v i r o n m e n t a l d o c u m e n t ( M i t i g a t e d N e g a t i v e D e c l a r a t io n ) w a s a p p r o v e d i n F e b r u a r y 2 0 1 3 , a n d t h e a c q u i s i ti o n o f e n v i r o n m e n t a l p e r m i t s a n d r i g h t - o f - w a y w a s co m p l e t e d i n e a r l y 2 0 1 6 . A c o m b i n a t i o n o f M e a s u r e B / B B , C o n g e s t i o n M a n a g e m e n t A g e n c y T r a n s p o r t a t i o n I m p r o v e m e n t P r o g r a m , E a s t e r n D u b l i n T r a f f i c I m p a c t F e e C a t e g o r y 3 , Do u g h e r t y V a l l e y T r a f f i c I m p a c t F e e a n d p r o j e c t s p e ci f i c m i t i g a t i o n f u n d s a r e c u r r e n t l y p r o g r a m m e d f o r t h e p r o j e c t . C o n s t r u c t i o n o f t h e r o a d w a y i m p r o v e m ent pr o j e c t i s a n t i c i p a t e d t o b e g i n i n t h e s u m m e r o f 2 0 16 . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 1 8 4 , 0 1 8 $3 5 , 0 9 3 $8 7 , 8 0 8 $8 7 , 8 0 8 $394,727 92 0 0 - C o n t r a c t S e r v i c e s $ 1 , 8 7 8 , 4 1 9 $8 5 , 5 1 0 $1 , 7 4 1 , 5 5 5 $3,705,484 93 0 0 - L a n d / R i g h t o f W a y $ 6 3 5 , 5 0 0 $1 , 3 6 4 , 5 0 0 $2,000,000 94 0 0 - I m p r o v e m e n t s $ 2 7 , 7 3 5 $7 , 3 6 7 , 8 9 2 $9 , 2 4 3 , 6 3 7 $16,639,264 95 0 0 - M i s c e l l a n e o u s $ 1 1 1 , 6 0 4 $1 1 3 , 6 4 8 $225,252 TO T A L $2 , 8 3 7 , 2 7 6 $8 , 9 6 6 , 6 4 3 $1 1 , 0 7 3 , 0 0 0 $8 7 , 8 0 8 $22,964,727 8.4.a Packet Pg. 554 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 61 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 22 0 8 - C o n g e s t i o n M a n a g e m e n t A g e n c y $6 2 1 , 5 1 3 $621,513 22 1 6 - M e a s u r e B G r a n t s $6 , 2 6 7 , 0 0 0 $6,267,000 22 1 7 - M e a s u r e B B G r a n t s $1 0 , 5 7 3 , 0 0 0 $10,573,000 23 0 4 - L o c a l R e c y c l i n g P r o g r a m s $8 6 , 0 0 0 $86,000 43 0 2 - T r a f f i c I m p a c t F e e - C a t e g o r y 2 $5 0 0 , 0 0 0 $8 7 , 8 0 8 $587,808 43 0 3 - T r a f f i c I m p a c t F e e - C a t e g o r y 3 $1 , 1 5 9 , 0 0 0 $1,159,000 43 0 5 - T r a f f i c I m p a c t F e e - D o u g h e r t y Va l l e y $1 , 0 1 8 , 6 0 1 $1 , 9 9 2 , 1 3 0 $3,010,731 43 0 9 - M i t i g a t i o n C o n t r i b u t i o n s $6 5 9 , 6 7 5 $659,675 TO T A L $2 , 8 3 7 , 2 7 6 $8 , 9 6 6 , 6 4 3 $1 1 , 0 7 3 , 0 0 0 $8 7 , 8 0 8 $22,964,727 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 555 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 62 Nu m b e r – S T 1 0 1 2 DU B L I N B O U L E V A R D I M P R O V E M E N T S – S I E R R A C T T O D U B L I N C O U R T Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e w i d e n i n g o f D u b l i n B o ul e v a r d f r o m S i e r r a C o u r t t o D u b l i n C o u r t a n d f o r t he u n d e r g r o u n d i n g o f e x i s t i n g o v e r h e a d u t i l i t i e s w i thin the pr o j e c t l i m i t s . C o m p l e t i o n o f t h i s p r o j e c t w i l l w i de n D u b l i n B o u l e v a r d f r o m f o u r t o s i x l a n e s a n d i n s ta l l b i k e l a n e s , m o d i f y t w o t r a f f i c s i g n a l s , i n s t a l l pedestrian- sc a l e d l i g h t s , a n d e n h a n c e t h e e x i s t i n g l a n d s c a p i n g . P r e l i m i n a r y e n g i n e e r i n g a n d e n v i r o n m e n t a l a p p r o v al s h a v e b e e n c o m p l e t e d a n d t h e C i t y C o u n c i l h a s a p proved th e u s e o f P U C R u l e 2 0 A f u n d s t o u n d e r g r o u n d e x i s t i ng o v e r h e a d u t i l i t i e s w i t h i n t h e l i m i t s o f w o r k . Th e p r o j e c t w i l l b e c o n s t r u c t e d i n t w o p h a s e s . T h e f i r s t p h a s e w i l l b e u n d e r g r o u n d i n g a n d r e l o c a t i o n of o v e r h e a d u t i l i t i e s , w h i c h i s f u n d e d b y $ 1 m i l l i o n in Rule 20 A m o n i e s ( s h o w n a s O t h e r f u n d i n g s o u r c e b e l o w ) . Th e s e c o n d p h a s e w i l l b e t h e s u r f a c e i m p r o v e m e n t s a nd r o a d w i d e n i n g p o r t i o n o f t h e p r o j e c t . P G & E , AT & T a n d C o m c a s t a r e c u r r e n t l y c o m p l e t i n g t h e p l a n s a n d s p e c i f i c a t i o n s f o r t h e u n d e r g r o u n d i n g w o r k w i t h c o n s t r u c t i o n a n t i c i p a t e d t o s t a r t a t t h e e n d o f 2 016. Wh i l e t h e u n d e r g r o u n d d e s i g n a n d c o n s t r u c t i o n a r e b ei n g c o m p l e t e d , w o r k o n t h e f i n a l p l a n s a n d s p e c i f i ca t i o n s f o r t h e r o a d w a y i m p r o v e m e n t s a r e m o v i n g f o r ward. Th e t o t a l c o s t t o c o n s t r u c t t h i s p r o j e c t i n c l u d i n g th e R u l e 2 0 A f u n d e d i m p r o v e m e n t s i s a p p r o x i m a t e l y $ 6. 9 m i l l i o n . Th e p r o j e c t i s i n c l u d e d i n t h e A l a m e d a C o u n t y w i d e T ra n s p o r t a t i o n P l a n a s a T i e r 1 p r o j e c t ( R T P I D 2 4 0 2 5 0) . T h e A l a m e d a C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n ap p r o v e d a n a l l o c a t i o n o f $ 3 . 0 m i l l i o n o f M e a s u r e B B d i s c r e t i o n a r y f u n d s t o t h e C i t y i n F i s c a l Y e a r 2 0 16 - 1 7 f o r t h e c o n s t r u c t i o n o f t h e p r o j e c t . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 8 1 , 3 7 8 $5 2 , 1 4 9 $6 5 , 1 9 0 $6 1 , 1 9 0 $259,907 92 0 0 - C o n t r a c t S e r v i c e s $ 2 9 3 , 9 4 2 $1 4 3 , 8 0 4 $4 2 2 , 4 6 8 $3 6 8 , 3 6 4 $1,228,578 93 0 0 - L a n d / R i g h t o f W a y $3 5 8 , 0 7 4 $358,074 94 0 0 - I m p r o v e m e n t s $1 , 5 0 0 , 0 0 0 $3 , 5 7 9 , 0 0 0 $5,079,000 95 0 0 - M i s c e l l a n e o u s $ 2 , 4 9 8 $2 , 9 7 7 $5,475 TO T A L $3 7 7 , 8 1 7 $5 5 7 , 0 0 5 $1 , 9 8 7 , 6 5 8 $4 , 0 0 8 , 5 5 4 $6,931,034 8.4.a Packet Pg. 556 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 63 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FU T U R E YEARS TOTALS 22 1 7 - M e a s u r e B B G r a n t s $3 , 0 0 0 , 0 0 0 $3,000,000 43 0 2 - T r a f f i c I m p a c t F e e - Ca t e g o r y 2 $2 5 7 , 7 6 0 $9 8 7 , 6 5 8 $1 , 0 0 8 , 5 5 4 $2,253,972 43 0 9 - M i t i g a t i o n Co n t r i b u t i o n s $ 3 7 7 , 8 1 7 $2 9 9 , 2 4 5 $677,062 Ot h e r $1 , 0 0 0 , 0 0 0 $1,000,000 TO T A L $3 7 7 , 8 1 7 $5 5 7 , 0 0 5 $1 , 9 8 7 , 6 5 8 $4 , 0 0 8 , 5 5 4 $6,931,034 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 557 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 64 Nu m b e r – S T 1 2 1 2 ST O R M D R A I N B Y P A S S S A N R A M O N R O A D Program – STREETS PR O J E C T D E S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e c o n s t r u c t i o n o f a n e w s t o r m d r a i n l i n e t o d i r e c t r u n o f f t o a c l e a n w a t e r t r e a t m e n t p o n d . A d d i t i o n a l l y , t h i s p r o j e c t w i l l i nstall a 1,600’ se g m e n t o f 8 ” r e c y c l e d w a t e r m a i n f o r D S R S D a l o n g t he p r o j e c t l i m i t s . T h e p r o j e c t i s l o c a t e d a l o n g t h e w e s t s i d e o f S a n R a m o n R o a d b e t w e e n S h a n n o n A v e n u e so u t h t o S i l v e r g a t e D r i v e . T h i s i s a j o i n t e f f o r t wi t h C a l t r a n s a n d s e r v e s a s m i t i g a t i o n f o r t h e s t o r m w a t e r r u n o f f c r e a t e d b y t h e I - 5 8 0 E a s t b o u n d T r u c k Climbing La n e p r o j e c t , a t t h e A l t a m o n t P a s s . T h e s t o r m d r a i n b y p a s s p r o j e c t w i l l a l s o h e l p t h e C i t y a c h i e v e i t s t r a s h r e d u c t i o n r e q u i r e m e n t s m a n d a t e d b y t h e R e g i onal Water Qu a l i t y C o n t r o l B o a r d . Pr o j e c t d e s i g n b e g a n i n t h e w i n t e r o f 2 0 1 2 a n d f i e l d c o n s u l t a t i o n w i t h C a l i f o r n i a D e p a r t m e n t o f F i s h a nd W i l d l i f e w a s c o m p l e t e d i n t h e s u m m e r o f 2 0 1 3 . T he City Co u n c i l a d o p t e d a n e g a t i v e d e c l a r a t i o n f o r t h e p r o j ec t i n O c t o b e r 2 0 1 4 . T h e p r o j e c t d e s i g n w a s c o m p l e te d a n d t h e p r o j e c t w a s a w a r d e d i n S e p t e m b e r 2 0 1 5 a nd is an t i c i p a t e d t o b e c o m p l e t e d i n t h e s p r i n g o f 2 0 1 6 . C a l t r a n s w i l l p a y f o r 1 0 0 % o f t h e d e s i g n a n d c o n s t ru c t i o n c o s t s a s s o c i a t e d w i t h t h e s t o r m d r a i n b a s i n . DSRSD wi l l p a y f o r 1 0 0 % o f t h e c o n s t r u c t i o n c o s t s a s s o c i a te d w i t h t h e r e c y c l e d w a t e r l i n e . MA N A G I N G D E P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 1 , 0 6 9 $2 8 , 4 3 8 $29,507 92 0 0 - C o n t r a c t S e r v i c e s $ 1 2 1 , 8 4 8 $1 8 , 5 3 3 $140,381 94 0 0 - I m p r o v e m e n t s $ 1 , 0 3 8 , 5 8 8 $1,038,588 95 0 0 - M i s c e l l a n e o u s $ 5 2 $3 , 9 7 8 $4,030 TO T A L $1 2 2 , 9 6 9 $1 , 0 8 9 , 5 3 7 $1,212,506 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 22 0 1 - S t a t e G a s T a x $3 0 3 , 0 0 0 $303,000 22 0 5 - M e a s u r e B S a l e s T a x - B i k e & P e d e s t r i a n $5 0 , 0 0 0 $50,000 23 2 1 - S t o r m W a t e r M a n a g e m e n t $ 1 2 2 , 9 6 9 $7 3 6 , 5 3 7 $859,506 TO T A L $1 2 2 , 9 6 9 $1 , 0 8 9 , 5 3 7 $1,212,506 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 558 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 65 Nu m b e r – S T 1 3 1 2 ST O R M D R A I N T R A S H C A P T U R E P R O J E C T Program – STREETS PR O J E C T D E S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e c o n s t r u c t i o n o f t r a s h c a p t u r e d e v i c e s a n d a p p r o x i m a t e l y 2 5 i n l e t s c r e e n s p l a c e d n e a r r e t a i l a r e a s a n d s c h o o l s , w h i c h a r e t y pically high tr a s h g e n e r a t o r s . T h i s p r o j e c t h e l p s t h e C i t y a c h i e ve i t s t r a s h r e d u c t i o n r e q u i r e m e n t s m a n d a t e d b y t h e R e g i o n a l W a t e r Q u a l i t y C o n t r o l B o a r d . Th e i n l e t s c r e e n p l a c e m e n t p o r t i o n o f t h e p r o j e c t w as c o m p l e t e d i n t h e s u m m e r o f 2 0 1 4 . D e s i g n i s c u r r en t l y u n d e r w a y f o r t h e i n s t a l l a t i o n o f t w o t r a s h c a pture de v i c e s l o c a t e d o n A m a d o r V a l l e y B o u l e v a r d n e a r I - 68 0 a n d o n R e g i o n a l S t . n e x t t o O u t b a c k S t e a k h o u s e . I n s t a l l a t i o n o f t h e t r a s h c a p t u r e d e v i c e s a r e a n t icipated fo r m i d t o l a t e 2 0 1 6 . MA N A G I N G D E P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $ 1 , 6 2 9 $6 , 3 7 1 $8,000 92 0 0 - C o n t r a c t S e r v i c e s $ 3 6 , 6 1 2 $1 3 , 5 8 8 $50,200 94 0 0 - I m p r o v e m e n t s $5 5 6 , 7 5 0 $556,750 95 0 0 - M i s c e l l a n e o u s $ 7 3 $1 , 7 2 7 $1,800 TO T A L $3 8 , 3 1 4 $5 7 8 , 4 3 6 $616,750 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $ 3 8 , 3 1 4 $5 7 8 , 4 3 6 $616,750 TO T A L $3 8 , 3 1 4 $5 7 8 , 4 3 6 $616,750 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 559 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 66 Nu m b e r – S T 5 0 1 6 AN N U A L S T R E E T O V E R L A Y P R O G R A M Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e p l a c e m e n t o f a n a s p h a lt o v e r l a y o n s t r e e t s t h r o u g h o u t t h e C i t y w h i c h p r o lo n g s t h e u s e f u l l i f e o f t h e p a v e m e n t . T h e C i t y ’ s Pavement Ma n a g e m e n t P r o g r a m p r o v i d e s f u n d i n g g u i d e l i n e s a n d pr i o r i t i e s f o r p r o p e r l y m a i n t a i n i n g C i t y s t r e e t s . T he s c o p e o f w o r k i n c l u d e s r e m o v i n g a n d r e p l a c i n g f a iled pa v e m e n t , p l a c i n g a s p h a l t c o n c r e t e o v e r l a y a n d r e s t ri p i n g t h e s t r e e t . T h i s a n n u a l S t r e e t O v e r l a y P r o g ra m i s p r i m a r i l y f u n d e d b y A l a m e d a C o u n t y T r a n s p o r t ation Co m m i s s i o n ( A C T C ) M e a s u r e B f u n d s a n d G a s T a x . T h i s p r o g r a m p r o t e c t s t h e s u b s t a n t i a l i n v e s t m e n t t h e C it y h a s i n t h e s t r e e t s y s t e m . St a r t i n g F i s c a l Y e a r 2 0 1 6 - 1 7 , t h i s p r o j e c t i s b e i n g m e r g e d w i t h t h e A n n u a l S t r e e t R e s u r f a c i n g p r o j e c t , w h i c h w i l l i n c l u d e a s p h a l t o v e r l a y o f s t r e e t s , a s well as street ma i n t e n a n c e a n d r e h a b i l i t a t i o n t r e a t m e n t s , s u c h a s sl u r r y s e a l s , m i c r o - s u r f a c i n g , c h i p s e a l s ; a n d c a p e s e a l s . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $2 1 , 0 8 3 $21,083 92 0 0 - C o n t r a c t S e r v i c e s $1 3 5 , 0 0 0 $135,000 94 0 0 - I m p r o v e m e n t s $5 0 7 , 0 0 0 $507,000 95 0 0 - M i s c e l l a n e o u s $2 , 1 5 0 $2,150 TO T A L $6 6 5 , 2 3 3 $665,233 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 22 0 1 - S t a t e G a s T a x $4 7 6 , 3 3 7 $476,337 22 0 4 - M e a s u r e B S a l e s T a x - L o c a l St r e e t s $1 8 8 , 8 9 6 $188,896 TO T A L $6 6 5 , 2 3 3 $665,233 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 560 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 67 Nu m b e r – S T 5 1 1 6 AN N U A L S L U R R Y S E A L P R O G R A M Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o g r a m w o u l d s l u r r y s e a l e x i s t i n g s t r e e t s u r f ac e s a s a p r e v e n t i v e m a i n t e n a n c e t e c h n i q u e u s e d t o pr o l o n g t h e l i f e o f a s p h a l t c o n c r e t e p a v e m e n t . T h e City's Pa v e m e n t M a n a g e m e n t P r o g r a m p r o v i d e s t h e f u n d i n g g u id e l i n e s a n d t h e p r i o r i t i e s f o r p r o p e r l y m a i n t a i n i n g t h e C i t y s t r e e t s . S l u r r y s e a l c o n s i s t s o f a s a n d /oil mi x t u r e w h i c h s e a l s c r a c k s a n d p r o v i d e s a n e w u n i f o rm w e a r i n g s u r f a c e . T h e a n n u a l S l u r r y S e a l P r o g r a m i n c l u d e s a d d i t i o n a l f u n d s f r o m t h e A l a m e d a C o u n t y Tr a n s p o r t a t i o n C o m m i s s i o n ( A C T C ) M e a s u r e B B i c y c l e & P e d e s t r i a n f u n d ( F u n d 2 2 0 5 ) t o a d d b i c y c l e l a n e s on v a r i o u s C i t y s t r e e t s a s r e c o m m e n d e d b y t h e C i t y ' s Bi k e w a y s M a s t e r P l a n . T h i s p r o g r a m w i l l p r o t e c t t h e s u b s t a n t i a l i n v e s t m e n t t h e C i t y h a s i n i t s s t r e e t s y s t e m . St a r t i n g F i s c a l Y e a r 2 0 1 6 - 1 7 , t h i s p r o j e c t i s b e i n g m e r g e d w i t h t h e A n n u a l S t r e e t R e s u r f a c i n g p r o j e c t , w h i c h w i l l i n c l u d e s l u r r y s e a l o f s t r e e t s , a s w e l l as other street ma i n t e n a n c e a n d r e h a b i l i t a t i o n t r e a t m e n t s , s u c h a s pa v e m e n t o v e r l a y s , m i c r o - s u r f a c i n g , c h i p s e a l s , a n d c a p e s e a l s . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $9 , 5 9 0 $9,590 92 0 0 - C o n t r a c t S e r v i c e s $6 0 , 0 0 0 $60,000 94 0 0 - I m p r o v e m e n t s $6 1 4 , 2 5 0 $614,250 95 0 0 - M i s c e l l a n e o u s $1 , 0 0 0 $1,000 TO T A L $6 8 4 , 8 4 0 $684,840 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 22 0 1 - S t a t e G a s T a x $6 5 4 , 8 4 0 $654,840 22 0 5 - M e a s u r e B S a l e s T a x - B i k e & Pe d e s t r i a n $3 0 , 0 0 0 $30,000 TO T A L $6 8 4 , 8 4 0 $684,840 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 561 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 68 Nu m b e r – S T 6 0 1 6 DU B L I N R A N C H S T R E E T L I G H T P O L E P A I N T I N G P R O J E C T Program – STREETS PR O J E C T DE S C R I P T I O N Th i s a n n u a l p r o j e c t p r o v i d e s f o r t h e r e p a i n t i n g o f de c o r a t i v e s t r e e t l i g h t p o l e s i n t h e D u b l i n R a n c h S tr e e t L i g h t A s s e s s m e n t D i s t r i c t ( 1 9 9 9 - 1 ) . B a s e d o n the expected li f e s p a n o f t h e p a i n t , t h e s e s t r e e t l i g h t p o l e s a r e a n t i c i p a t e d t o b e r e p a i n t e d o n c e e v e r y 1 0 y e a r s . Re p a i n t i n g o f t h e s t r e e t l i g h t p o l e s p r o t e c t s t h e i ntegrity of the poles an d a l s o i m p r o v e s a e s t h e t i c s i n t h e s u r r o u n d i n g n e i gh b o r h o o d . T h i s p r o j e c t i s f u n d e d b y r e v e n u e c o l l e c te d t h r o u g h a s s e s s m e n t d i s t r i c t f e e s . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $3 , 0 8 4 $3,084 92 0 0 - C o n t r a c t S e r v i c e s $3 2 , 5 0 0 $32,500 95 0 0 - M i s c e l l a n e o u s $3 0 0 $300 TO T A L $3 5 , 8 8 4 $35,884 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 27 0 5 - S t r e e t L i g h t D i s t r i c t E a s t Du b l i n 1 9 9 9 - 1 $3 5 , 8 8 4 $35,884 TO T A L $3 5 , 8 8 4 $35,884 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 562 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 69 Nu m b e r – S T 0 1 1 7 AN N U A L S T R E E T R E S U R F A C I N G Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r a v a r i e t y o f p a v e m e n t r e s ur f a c i n g t r e a t m e n t s , f r o m s l u r r y s e a l t o m a j o r r e h a bi l i t a t i o n a n d r e c o n s t r u c t i o n . T h i s p r o j e c t a l s o i n cludes in s t a l l a t i o n o f A D A r a m p s a l o n g r o a d s t h a t a r e r e c o ns t r u c t e d o r r e c e i v e a n a s p h a l t o v e r l a y . S t r e e t s a r e s e l e c t e d f o r i m p r o v e m e n t s b a s e d o n t h e C i t y ' s P a v ement Ma n a g e m e n t S y s t e m t o o p t i m i z e t h e p a v e m e n t c o n d i t i o n b a s e d o n a v a i l a b l e b u d g e t . T h e r e a r e c u r r e n t l y o v er 1 1 7 c e n t e r l i n e m i l e s o f s t r e e t s t h a t a r e o w n e d a nd ma i n t a i n e d b y t h e C i t y o f D u b l i n . T h e M e t r o p o l i t a n T r a n s p o r t a t i o n C o m m i s s i o n ( M T C ) g r o u p s t h e P a v e m e n t C o n d i t i o n I n d e x ( P C I ) r a t i n g s i n t o t h e f o l l o w i n g ca t e g o r i e s : 8 0 - 1 0 0 V e r y G o o d - E x c e l l e n t ; 7 0 - 7 9 G o o d , 6 0 - 6 9 F a i r , 5 0 - 5 9 A t R i s k , 2 5 - 4 9 P o o r , a n d 0 - 2 4 F ai l e d . T h e C i t y o f D u b l i n i s r a t e d v e r y g o o d w i t h a rolling th r e e - y e a r a v e r a g e P C I o f 8 5 . T h i s a n n u a l R e s u r f a c in g P r o g r a m i s p r i m a r i l y f u n d e d b y A l a m e d a C o u n t y T ra n s p o r t a t i o n C o m m i s s i o n ( A C T C ) M e a s u r e B / B B f u n d s an d G a s T a x . T h i s p r o g r a m p r o t e c t s t h e s u b s t a n t i a l i n v e s t m e n t t h e C i t y h a s i n t h e s t r e e t s y s t e m . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 CA P I T A L IM P R O V E M E N T PR O G R A M ES T I M A T E D CO S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - Sa l a r i e s & B e n e f i t s $5 8 , 4 8 0 $5 8 , 4 8 0 $5 8 , 4 8 0 $5 8 , 4 8 0 $5 8 , 4 8 0 $292,400 92 0 0 - Co n t r a c t S e r v i c e s $1 8 5 , 0 0 0 $1 8 5 , 0 0 0 $1 8 5 , 0 0 0 $1 8 5 , 0 0 0 $1 8 5 , 0 0 0 $925,000 94 0 0 - Im p r o v e m e n t s $1 , 4 5 1 , 5 2 0 $1 , 4 5 1 , 5 2 0 $1 , 4 5 1 , 5 2 0 $1 , 4 5 1 , 5 2 0 $1 , 4 5 1 , 5 2 0 $7,257,600 95 0 0 - Mi s c e l l a n e o u s $5 , 0 0 0 $5 , 0 0 0 $5 , 0 0 0 $5 , 0 0 0 $5 , 0 0 0 $25,000 TO T A L $1 , 7 0 0 , 0 0 0 $1 , 7 0 0 , 0 0 0 $1 , 7 0 0 , 0 0 0 $1 , 7 0 0 , 0 0 0 $1 , 7 0 0 , 0 0 0 $8,500,000 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 22 0 1 - St a t e G a s T a x $9 2 0 , 0 0 0 $9 2 0 , 0 0 0 $9 2 0 , 0 0 0 $9 2 0 , 0 0 0 $9 2 0 , 0 0 0 $4,600,000 22 0 4 - Me a s u r e B S a l e s T a x - Lo c a l S t r e e t s $3 7 0 , 0 0 0 $2 5 5 , 0 0 0 $5 8 0 , 0 0 0 $5 8 0 , 0 0 0 $5 8 0 , 0 0 0 $2,365,000 22 1 4 - Me a s u r e B B S a l e s T a x - Lo c a l S t r e e t s $4 1 0 , 0 0 0 $5 2 5 , 0 0 0 $2 0 0 , 0 0 0 $2 0 0 , 0 0 0 $2 0 0 , 0 0 0 $1,535,000 TO T A L $1 , 7 0 0 , 0 0 0 $1 , 7 0 0 , 0 0 0 $1 , 7 0 0 , 0 0 0 $1 , 7 0 0 , 0 0 0 $1 , 7 0 0 , 0 0 0 $8,500,000 AN N U A L OP E R A T I N G IM P A C T 8.4.a Packet Pg. 563 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 70 Nu m b e r – S T 0 2 1 7 SA N R A M O N R O A D A R T E R I A L M A N A G E M E N T Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t w i l l i m p l e m e n t T r a f f i c S i g n a l C o o r d i n a ti o n / T r a n s i t S i g n a l P r i o r i t i z a t i o n ( T S P ) i m p r o v e m e n ts a l o n g S a n R a m o n R o a d f r o m I - 5 8 0 o n - r a m p s t o V o m a c Ro a d , i n c l u d i n g s i g n a l c o o r d i n a t i o n f o r 5 t r a f f i c s ig n a l s , u p d a t e 5 t r a f f i c s i g n a l c o n t r o l l e r s f o r c u r re n t a n d f u t u r e T S P , a n d T S P f o r 3 i n t e r s e c t i o n s a l ong the corridor. Th i s p r o j e c t w i l l b e c o o r d i n a t e d w i t h o t h e r p r o j e c t s a l o n g t h e c o r r i d o r t o i n s t a l l b i c y c l e l o o p d e t e c t or s a n d n a r r o w t h e r o a d w a y t o a c c o m m o d a t e b u f f e r e d bike lanes fr o m I - 5 8 0 o n - r a m p s t o t h e n o r t h C i t y l i m i t s . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $1 7 , 4 8 0 $17,480 92 0 0 - C o n t r a c t S e r v i c e s $3 5 , 0 0 0 $35,000 94 0 0 - I m p r o v e m e n t s $2 1 2 , 0 0 0 $212,000 95 0 0 - M i s c e l l a n e o u s $3 , 0 0 0 $3,000 TO T A L $2 6 7 , 4 8 0 $267,480 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 22 0 1 - S t a t e G a s T a x $1 2 1 , 1 2 8 $121,128 22 0 7 - T F C A / T r a n s p o r t a t i o n fo r C l e a n A i r $1 4 6 , 3 5 2 $146,352 TO T A L $2 6 7 , 4 8 0 $267,480 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 564 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 71 Nu m b e r – S T 0 3 1 7 AM A D O R V A L L E Y B L V D - W I L D W O O D R D I N T E R S E C T I O N I M P R O V E ME N T S Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t i n c l u d e s s a f e t y i m p r o v e m e n t s f o r v e h i c le , b i c y c l e , a n d p e d e s t r i a n t r a f f i c a t t h e i n t e r s e c ti o n o f A m a d o r V a l l e y B o u l e v a r d a n d W i l d w o o d R o a d / C ross Cr e e k C i r c l e . A c u r b e x t e n s i o n w i l l b e c o n s t r u c t e d an d a R e c t a n g u l a r R a p i d F l a s h i n g B e a c o n w i l l b e a d d ed t o a u g m e n t t h e l i g h t e d c r o s s w a l k . O t h e r i m p r o v e m ents wi l l i n c l u d e r o a d w a y s t r i p i n g m o d i f i c a t i o n s , s i g n m od i f i c a t i o n s , a n d c u r b r a m p u p g r a d e s . T h e p r o j e c t w il l i n c l u d e i m p r o v e m e n t s t o f a c i l i t a t e t h e s a f e m e r ging of two ve h i c l e l a n e s i n t o o n e l a n e o n w e s t b o u n d A m a d o r V a l le y B o u l e v a r d , b e t w e e n D o u g h e r t y R o a d a n d t h e p r o j e ct i n t e r s e c t i o n l o c a t i o n . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 20 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FU T U R E YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $7 , 6 8 0 $7,680 92 0 0 - C o n t r a c t S e r v i c e s $4 2 , 0 0 0 $42,000 94 0 0 - I m p r o v e m e n t s $1 2 0 , 0 0 0 $120,000 95 0 0 - M i s c e l l a n e o u s $1 , 0 0 0 $1,000 TO T A L $1 7 0 , 6 8 0 $170,680 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 20 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FU T U R E YEARS TOTALS 22 0 5 - M e a s u r e B S a l e s T a x - Bi k e & P e d e s t r i a n $1 7 0 , 6 8 0 $170,680 TO T A L $1 7 0 , 6 8 0 $170,680 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 565 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 72 Nu m b e r – S T 0 5 1 7 CI T Y W I D E B I C Y C L E & P E D E S T R I A N I M P R O V E M E N T S Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t w i l l i n c l u d e i m p r o v e m e n t s t o v a r i o u s p ed e s t r i a n a n d b i c y c l e f a c i l i t i e s t h r o u g h o u t t h e C i t y. T h i s p r o j e c t r e p l a c e s f o r m e r p r o j e c t s t h a t p r o v i ded funding fo r A D A T r a n s i t i o n P l a n i m p r o v e m e n t s a n d C i t y w i d e S id e w a l k R e p a i r i m p r o v e m e n t s . I n a d d i t i o n t o t h e s c op e o f t h o s e p r e v i o u s p r o j e c t s , t h i s p r o j e c t i n c l u d es de s i g n a n d c o n s t r u c t i o n o f i m p r o v e m e n t s r e c o m m e n d e d i n t h e C i t y o f D u b l i n B i c y c l e a n d P e d e s t r i a n M a s t e r P l a n , t h e A D A T r a n s i t i o n P l a n , a n d t h e C l a s s 1 Fa c i l i t i e s M a i n t e n a n c e P l a n . I n F i s c a l Y e a r 2 0 1 6 - 1 7, t h e p r o j e c t w i l l i n i t i a t e a n u p d a t e t o t h e A D A T ra n s i t i o n P l a n . I n F i s c a l Y e a r 2 0 1 7 - 1 8 , t h i s p r o j e ct will initiate th e u p d a t e o f t h e C i t y o f D u b l i n B i c y c l e a n d P e d e s t ri a n M a s t e r P l a n . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $2 1 , 6 0 0 $4 1 , 2 0 0 $4 1 , 2 0 0 $2 1 , 6 0 0 $2 1 , 6 0 0 $147,200 92 0 0 - C o n t r a c t S e r v i c e s $1 5 , 0 0 0 $1 9 0 , 0 0 0 $1 5 , 0 0 0 $1 5 , 0 0 0 $1 5 , 0 0 0 $250,000 94 0 0 - I m p r o v e m e n t s $5 6 8 , 0 0 0 $3 6 8 , 0 0 0 $3 6 8 , 0 0 0 $3 6 8 , 0 0 0 $3 6 8 , 0 0 0 $2,040,000 95 0 0 - M i s c e l l a n e o u s $5 , 0 0 0 $2 5 , 0 0 0 $5 , 0 0 0 $5 , 0 0 0 $5 , 0 0 0 $45,000 TO T A L $6 0 9 , 6 0 0 $6 2 4 , 2 0 0 $4 2 9 , 2 0 0 $4 0 9 , 6 0 0 $4 0 9 , 6 0 0 $2,482,200 8.4.a Packet Pg. 566 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 73 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 10 0 1 - G e n e r a l F u n d $1 0 8 , 0 0 0 $1 0 8 , 0 0 0 $1 0 8 , 0 0 0 $1 0 8 , 0 0 0 $1 0 8 , 0 0 0 $540,000 22 0 4 - M e a s u r e B S a l e s T a x - Lo c a l S t r e e t s $1 8 0 , 0 0 0 $1 8 0 , 0 0 0 $1 8 0 , 0 0 0 $1 8 0 , 0 0 0 $1 8 0 , 0 0 0 $900,000 22 0 5 - M e a s u r e B S a l e s T a x - Bi k e & P e d e s t r i a n $8 0 , 0 0 0 $1 9 4 , 6 0 0 $1 9 , 6 0 0 $294,200 22 1 4 - M e a s u r e B B S a l e s T a x - Lo c a l S t r e e t s $2 1 3 , 6 0 0 $2 0 , 0 0 0 $233,600 22 1 5 - M e a s u r e B B S a l e s T a x - Bi k e & P e d e s t r i a n $2 8 , 0 0 0 $1 2 1 , 6 0 0 $2 1 , 6 0 0 $2 1 , 6 0 0 $2 1 , 6 0 0 $214,400 43 0 4 - T r a f f i c I m p a c t F e e - Do w n t o w n $1 0 0 , 0 0 0 $1 0 0 , 0 0 0 $1 0 0 , 0 0 0 $300,000 TO T A L $6 0 9 , 6 0 0 $6 2 4 , 2 0 0 $4 2 9 , 2 0 0 $4 0 9 , 6 0 0 $4 0 9 , 6 0 0 $2,482,200 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 567 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 74 Nu m b e r – S T 0 4 1 7 DU B L I N R A N C H S T R E E T L I G H T I M P R O V E M E N T S Program – STREETS PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e r e p a i n t i n g o f d e c o r a t iv e s t r e e t l i g h t p o l e s a n d c o n v e r s i o n o f e x i s t i n g s tr e e t l i g h t s i n t o e n e r g y e f f i c i e n t L E D s t r e e t l i g h t s in the Dublin Ra n c h S t r e e t L i g h t A s s e s s m e n t D i s t r i c t ( 1 9 9 9 - 1 ) . T h e c o n v e r s i o n t o L E D l i g h t s i s e x p e c t e d t o s a v e t h e di s t r i c t 5 0 % o r m o r e o n a n n u a l e n e r g y c o s t s . R e p a i n ting of th e s t r e e t l i g h t p o l e s p r o t e c t s t h e i n t e g r i t y o f t h e p o l e s a n d a l s o i m p r o v e s a e s t h e t i c s i n t h e s u r r o u n di n g n e i g h b o r h o o d . T h i s p r o j e c t i s f u n d e d b y r e v e n ue collected th r o u g h a s s e s s m e n t d i s t r i c t f e e s . T h i s p r o j e c t r e p la c e s t h e a n n u a l s t r e e t l i g h t p o l e p a i n t i n g p r o j e c t . MA N A G I N G DE P A R T M E N T : Pu b l i c Wo r k s 20 1 6 - 2 0 2 1 C A P I T A L I M P R O V E M E N T P R O G R A M ES T I M A T E D C O S T S PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 91 0 0 - S a l a r i e s & B e n e f i t s $1 4 , 3 0 0 $5 , 7 2 0 $5 , 7 2 0 $5 , 7 2 0 $5 , 7 2 0 $37,180 92 0 0 - C o n t r a c t S e r v i c e s $3 6 , 0 0 0 $3 2 , 0 0 0 $3 2 , 0 0 0 $3 2 , 0 0 0 $3 2 , 0 0 0 $164,000 94 0 0 - I m p r o v e m e n t s $3 0 0 , 0 0 0 $300,000 95 0 0 - M i s c e l l a n e o u s $1 , 1 5 0 $3 0 0 $3 0 0 $3 0 0 $3 0 0 $2,350 TO T A L $3 5 1 , 4 5 0 $3 8 , 0 2 0 $3 8 , 0 2 0 $3 8 , 0 2 0 $3 8 , 0 2 0 $503,530 FU N D PR I O R YE A R S 20 1 5 - 2 0 1 6 BU D G E T 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 FUTURE YEARS TOTALS 27 0 5 - S t r e e t L i g h t D i s t r i c t Ea s t D u b l i n 1 9 9 9 - 1 $3 5 1 , 4 5 0 $3 8 , 0 2 0 $3 8 , 0 2 0 $3 8 , 0 2 0 $3 8 , 0 2 0 $503,530 TO T A L $3 5 1 , 4 5 0 $3 8 , 0 2 0 $3 8 , 0 2 0 $3 8 , 0 2 0 $3 8 , 0 2 0 $503,530 AN N U A L O P E R A T I N G I M P A C T 8.4.a Packet Pg. 568 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 75 FU T U R E P R O J E C T S 8.4.a Packet Pg. 569 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Th i s p a g e i n t e n t i o n a l l y l e f t b l a n k 8.4.a Packet Pg. 570 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 77 LO C A T I O N 8.4.a Packet Pg. 571 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 78 Nu m b e r – G - 0 1 CI V I C C E N T E R L I B R A R Y Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e c o m p l e t i o n o f t h e r e m ai n i n g u n o c c u p i e d e x p a n s i o n s p a c e i n t h e l i b r a r y b u il d i n g . T h e l i b r a r y i s l o c a t e d a d j a c e n t t o t h e C i v i c Center at 20 0 C i v i c P l a z a . T h e 3 7 , 0 0 0 s q u a r e f o o t l i b r a r y b u i ld i n g w a s c o m p l e t e d i n F i s c a l Y e a r 2 0 0 2 - 0 3 a n d 3 0 , 0 00 s q u a r e f e e t w a s o c c u p i e d . T h e r e m a i n i n g 7 , 0 0 0 s quare fe e t o f u n o c c u p i e d s p a c e w a s r e s e r v e d f o r f u t u r e t e na n t i m p r o v e m e n t s . A 1 , 8 5 0 s q u a r e f o o t t e n a n t i m p r ov e m e n t p r o j e c t n a m e d “ L i b r a r y T e n a n t I m p r o v e m e n t : Ce n t e r f o r 2 1 st C e n t u r y S k i l l s ” ( p k 0 3 1 5 ) w a s f u n d e d i n F i s c a l Y e a r 2 0 1 4 - 1 5 . T h i s p r o j e c t w i l l i m p r o v e t h e r e m a i n i n g 5, 1 5 0 s q u a r e f e e t o f u n o c c u p i e d s p a c e b y re m o v i n g a n i n t e r i o r w a l l a n d o p e n i n g t h e s p a c e t o be c o m e p a r t o f t h e m a i n l i b r a r y . A d d i t i o n a l l y , s h e lv i n g w i l l b e r e l o c a t e d t o a u g m e n t t h e e x i s t i n g c o m puter area an d a f o o d a n d b e v e r a g e c a f é w i l l b e a d d e d . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R Y E A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $1,660,000 TO T A L $1,660,000 Nu m b e r – C - 0 1 CI T Y E N T R A N C E S I G N M O D I F I C A T I O N S Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e i n s t a l l a t i o n o r r e p l a ce m e n t o f C i t y e n t r a n c e s i g n s a t t h e f o l l o w i n g l o c a ti o n s : V i l l a g e P a r k w a y m e d i a n a t K i m b a l l A v e n u e a n d San Ra m o n R o a d m e d i a n a t A l c o s t a B o u l e v a r d . T h e c u r r e n t s i g n o n V i l l a g e P a r k w a y i s a n e x i s t i n g c o n c r e t e f aç a d e e n t r a n c e s i g n . T h e r e i s n o e x i s t i n g s i g n o n San Ra m o n R o a d a t A l c o s t a . T h e n e w s i g n s w i l l c o n f o r m to t h e C i t y o f D u b l i n S t r e e t s c a p e M a s t e r P l a n a n d w il l m a t c h e x i s t i n g g r a n i t e m o n u m e n t s i g n s w i t h i n t h e City. Th e S t r e e t s c a p e M a s t e r P l a n a l s o c a l l s f o r n e w e n t r y m o n u m e n t s i g n s a t t h e f o l l o w i n g l o c a t i o n s : F a l l o n R o a d a t D u b l i n B o u l e v a r d , D o u g h e r t y R o a d a t t h e n o rth city li m i t , T a s s a j a r a R o a d a t t h e n o r t h c i t y l i m i t , i n S ch a e f e r R a n c h a n d o n D u b l i n B o u l e v a r d e a s t o f F a l l o n R o a d . T h e s e l o c a t i o n s a r e n o t i n c l u d e d i n t h i s p roject. MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R Y E A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 2020-2021 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $125,000 TO T A L $125,000 8.4.a Packet Pg. 572 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 79 Nu m b e r – P - 0 1 CU L T U R A L A R T S C E N T E R Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e c o n s t r u c t i o n o f a 1 2 , 00 0 s q u a r e f o o t C u l t u r a l A r t s C e n t e r a t a l o c a t i o n ye t t o b e d e t e r m i n e d . T h e P a r k s a n d R e c r e a t i o n M a s ter Plan id e n t i f i e s a 1 6 , 0 0 0 s q u a r e f o o t f a c i l i t y f o r a C u l t ur a l A r t s C e n t e r t h a t w o u l d s e r v e a s a m u l t i - u s e f a ci l i t y t h a t a f f o r d s c u l t u r a l , e d u c a t i o n a l a n d s o c i a l opportunities for th e c o m m u n i t y . T h e M a s t e r P l a n a l s o i d e n t i f i e s t h a t t h e K o l b H o u s e p r o v i d e s 2 , 3 0 0 s q u a r e f e e t a n d t h e O l d H o u s e A r t B u i l d i n g p r o v i d e s 1 , 6 5 0 s q u a r e f e e t of cu l t u r a l a n d m u s e u m f a c i l i t i e s . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R YE A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $8,760,000 TO T A L $8,760,000 Nu m b e r – P - 0 2 DU B L I N H E R I T A G E P A R K A N D M U S E U M S Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f t w o a d d i t i o n a l p h a s e s a t t h e D u b l i n H e r i t a g e Pa r k a n d M u s e u m s ; t h e O r c h a r d G a r d e n P h a s e ( $ 5 , 0 9 9 , 000) an d t h e F r e s h w a t e r C o r n e r P h a s e ( $ 2 , 4 7 4 , 0 0 0 ) . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R Y E A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $7,573,000 TO T A L $7,573,000 8.4.a Packet Pg. 573 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 80 Nu m b e r – P - 0 4 DU B L I N S P O R T S G R O U N D S – P H A S E 5 R E N O V A T I O N Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e r e n o v a t i o n o f t h e D u b li n S p o r t s G r o u n d s l o c a t e d a t D u b l i n B o u l e v a r d a n d Ci v i c P l a z a P h a s e 5 ( a p p r o x i m a t e l y 1 8 0 , 0 0 0 s q u a r e f eet, we s t o f S o c c e r F i e l d # 3 ) a n d i n c l u d e s i n s t a l l a t i o n of a s a n d c h a n n e l d r a i n a g e s y s t e m , i r r i g a t i o n u p g r a de s a n d n e w t u r f . T h e p r o j e c t s c o p e i s d e p e n d e n t u pon the co m p l e t i o n o f a n u p d a t e d m a s t e r p l a n , w h i c h w a s f u n de d i n F i s c a l Y e a r 2 0 1 5 - 1 6 a s p a r t o f C I P P K 0 4 1 6 – Du b l i n S p o r t s G r o u n d R e n o v a t i o n . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R Y E A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $1,500,000 TO T A L $1,500,000 Nu m b e r – P - 0 9 FA L L O N S P O R T S P A R K – P H A S E I I I Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f t h e r e m a i n i n g 1 4 . 4 - a c r e U p p e r T e r r a c e o f F a l l on S p o r t s P a r k ( P h a s e 3 ) . T h e U p p e r T e r r a c e c o n s i s ts of two li t t l e l e a g u e f i e l d s , t w o s o f t b a l l f i e l d s , c o m p l e t i on o f t h e B M X c o u r s e , a n a c t i v i t y h u b i n c l u d i n g a p ic n i c p l a z a , p l a y g r o u n d a n d r e s t r o o m s . T h e p r o j e c t also provides fo r t h e c o n s t r u c t i o n o f a 2 , 0 0 0 s q u a r e f o o t m u l t i - p ur p o s e r o o m i n t h e L o w e r T e r r a c e . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R Y E A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $10,375,000 TO T A L $10,375,000 8.4.a Packet Pg. 574 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 81 Nu m b e r – P - 1 5 CR O A K N E I G H B O R H O O D P A R K W E S T Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f a 5 . 0 - a c r e n e i g h b o r h o o d p a r k t o s e r v e n e w d e v el o p m e n t i n E a s t e r n D u b l i n . T h e p a r k w i l l b e d e s i g ned in ac c o r d a n c e w i t h t h e N e i g h b o r h o o d P a r k S t a n d a r d s c o n ta i n e d i n t h e P a r k s a n d R e c r e a t i o n M a s t e r P l a n . T h is p r o j e c t a s s u m e s t h a t t h e l a n d f o r t h e p a r k w i l l be de d i c a t e d b y t h e d e v e l o p e r i n e x c h a n g e f o r c r e d i t t ow a r d P u b l i c F a c i l i t y F e e s f o r N e i g h b o r h o o d P a r k L a nd . B a s e d o n d e v e l o p m e n t p r o j e c t i o n s i t i s a n t i c i p ated that de s i g n a n d c o n s t r u c t i o n w i l l o c c u r b e y o n d t h e C I P t im e f r a m e . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R Y E A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $2,480,000 TO T A L $2,480,000 Nu m b e r – P - 1 6 CR O A K N E I G H B O R H O O D P A R K E A S T Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f a 5 . 5 - a c r e n e i g h b o r h o o d p a r k t o s e r v e n e w d e v el o p m e n t i n E a s t e r n D u b l i n . T h e p a r k w i l l b e d e s i g ned in ac c o r d a n c e w i t h t h e N e i g h b o r h o o d P a r k S t a n d a r d s c o n ta i n e d i n t h e P a r k s a n d R e c r e a t i o n M a s t e r P l a n . T h is p r o j e c t a s s u m e s t h a t t h e l a n d f o r t h e p a r k w i l l be de d i c a t e d b y t h e d e v e l o p e r i n e x c h a n g e f o r c r e d i t t ow a r d P u b l i c F a c i l i t y F e e s f o r N e i g h b o r h o o d P a r k L a nd . B a s e d o n d e v e l o p m e n t p r o j e c t i o n s i t i s a n t i c i p ated that de s i g n a n d c o n s t r u c t i o n w i l l o c c u r b e y o n d t h e C I P t im e f r a m e . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R YE A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $2,728,000 TO T A L $2,728,000 8.4.a Packet Pg. 575 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 82 Nu m b e r – P - 1 7 JO R D A N R A N C H C O M M U N I T Y P A R K Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f a 7 . 2 - a c r e c o m m u n i t y p a r k t o s e r v e t h e g r o w i n g p o p u l a t i o n i n D u b l i n . T h e p a r k w i l l b e d e s i g n e d in ac c o r d a n c e w i t h t h e C o m m u n i t y P a r k S t a n d a r d s c o n t a i ne d i n t h e P a r k s a n d R e c r e a t i o n M a s t e r P l a n . T h i s p ro j e c t a s s u m e s t h a t t h e l a n d f o r t h e p a r k w i l l b e de d i c a t e d b y t h e d e v e l o p e r i n e x c h a n g e f o r c r e d i t t ow a r d P u b l i c F a c i l i t y F e e s f o r C o m m u n i t y P a r k L a n d . T h i s p a r k i s a d j a c e n t t o t h e 1 0 - a c r e J o r d a n R a n c h school si t e , w h i c h i s b e i n g l e a s e d f r o m t h e C i t y o f D u b l i n b y t h e D u b l i n U n i f i e d S c h o o l D i s t r i c t . B a s e d o n d ev e l o p m e n t p r o j e c t i o n s i t i s a n t i c i p a t e d t h a t d e s i g n and co n s t r u c t i o n w i l l o c c u r b e y o n d t h e C I P t i m e f r a m e . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R YE A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $5,184,000 TO T A L $5,184,000 Nu m b e r – P - 1 8 JO R D A N R A N C H N E I G H B O R H O O D S Q U A R E Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T DE S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f a 2 . 0 - a c r e n e i g h b o r h o o d s q u a r e t o s e r v e n e w d ev e l o p m e n t i n E a s t e r n D u b l i n . T h e n e i g h b o r h o o d s q u are wi l l b e d e s i g n e d i n a c c o r d a n c e w i t h t h e S t a n d a r d s c on t a i n e d i n t h e P a r k s a n d R e c r e a t i o n M a s t e r P l a n . T hi s p r o j e c t a s s u m e s t h a t t h e l a n d f o r t h e p a r k w i l l be de d i c a t e d b y t h e d e v e l o p e r i n e x c h a n g e f o r c r e d i t a ga i n s t P u b l i c F a c i l i t y F e e s f o r N e i g h b o r h o o d P a r k L an d . B a s e d o n d e v e l o p m e n t p r o j e c t i o n s i t i s a n t i c i p ated th a t d e s i g n a n d c o n s t r u c t i o n w i l l o c c u r b e y o n d t h e CI P t i m e f r a m e . MA N A G I N G DE P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R YE A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $992,000 TO T A L $992,000 8.4.a Packet Pg. 576 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 83 Nu m b e r – P - 2 1 IR O N H O R S E N A T U R E P A R K A N D O P E N S P A C E Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T D E S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f 1 2 . 2 5 - a c r e s o f a n a t u r e p a r k a n d o p e n s p a c e t ha t w i l l b e d e v e l o p e d i n p a r t n e r s h i p w i t h Z o n e 7 t o serve the gr o w i n g p o p u l a t i o n i n D u b l i n . T h e p a r k s i z e c o u l d in c r e a s e t o o v e r 2 0 - a c r e s o f u s a b l e p a r k l a n d w h e n c om b i n e d w i t h a d j a c e n t Z o n e 7 p r o p e r t y . T h e p a r k w i ll be de s i g n e d i n a c c o r d a n c e w i t h t h e I r o n H o r s e N a t u r e P ar k a n d O p e n S p a c e M a s t e r P l a n . T h e C i t y h a s a l r e a dy a c q u i r e d t h e 1 2 . 2 5 - a c r e s a n d t h e b a l a n c e o f t h e pa r k l a n d w o u l d b e a c c e s s i b l e t h r o u g h a n e a s e m e n t a n d o p e r a t i o n a l a g r e e m e n t w i t h Z o n e 7 . B a s e d o n d e v e lo p m e n t p r o j e c t i o n s i t i s a n t i c i p a t e d t h a t d e s i g n a nd co n s t r u c t i o n w i l l o c c u r b e y o n d t h e C I P t i m e f r a m e . MA N A G I N G D E P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R YE A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $6,802,000 TO T A L $6,802,000 Nu m b e r – P - 2 3 DU B L I N S W I M C E N T E R R E P L A C E M E N T Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T D E S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f a r e p l a c e m e n t f a c i l i t y f o r t h e e x i s t i n g D u b l i n S w i m C e n t e r , w h i c h i s o n D u b l i n U n i f i e d S c h o o l D i strict (D i s t r i c t ) p r o p e r t y t h a t t h e D i s t r i c t w i l l n e e d i n th e f u t u r e f o r e d u c a t i o n a l p u r p o s e s . T h e C i t y w i l l n e e d t o f i n d a l t e r n a t e w a t e r s p a c e t o r e p l a c e w h a t is currently av a i l a b l e o n t h e w e s t e r n s i d e o f D u b l i n . T h i s c o u l d p o t e n t i a l l y b e t h r o u g h a p a r t n e r s h i p w i t h t h e D i s tr i c t . B a s e d o n p r e l i m i n a r y c o n s t r u c t i o n s c h e d u l e s provided by th e D i s t r i c t i t i s a n t i c i p a t e d t h a t t h e d e s i g n a n d co n s t r u c t i o n w i l l o c c u r b e y o n d t h e C I P t i m e f r a m e . MA N A G I N G D E P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R YE A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $5,000,000 TO T A L $5,000,000 8.4.a Packet Pg. 577 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 84 Nu m b e r – P - 2 5 EM E R A L D G L E N R E C R E A T I O N & A Q U A T I C C E N T E R P H A S E 2 Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T D E S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e d e s i g n a n d c o n s t r u c t i on o f t h e f i n a l 2 1 , 0 0 0 s q u a r e f e e t o f t h e R e c r e a t i o n a n d A q u a t i c C o m p l e x . P r o p o s e d a m e n i t i e s i n c l u d e a game lo u n g e , f i t n e s s r o o m w i t h c a r d i o e x e r c i s e m a c h i n e s , g r o u p e x e r c i s e / d a n c e s t u d i o , g y m n a s i u m w i t h o n e fu l l s i z e b a s k e t b a l l c o u r t , p r e s c h o o l w i t h t w o c l a s srooms, su p p o r t s p a c e s a n d o u t d o o r p l a y a r e a , m u l t i - p u r p o s e r o o m , a n d l o c k e r r o o m s w i t h s h o w e r s , c h a n g i n g a r e a s a n d r e s t r o o m s . I t i s a n t i c i p a t e d t h e d e s i g n a n d co n s t r u c t i o n w i l l o c c u r b e y o n d t h e C I P t i m e f r a m e . MA N A G I N G D E P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R YE A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $15,330,000 TO T A L $15,330,000 Nu m b e r – P - 2 6 PU B L I C A R T – H E R I T A G E P A R K Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T D E S C R I P T I O N Th i s p u b l i c a r t p r o j e c t w i l l b e f e a t u r e d a t D u b l i n He r i t a g e P a r k , l o c a t e d a t t h e c o r n e r o f D u b l i n B o u l ev a r d a n d D o n l o n W a y . T h e i n t e n t i o n i s t o c r e a t e a Veteran’s Me m o r i a l a t t h e P i o n e e r C e m e t e r y , a n d t h e p r o j e c t m ay b e d e l a y e d p e n d i n g a r e v i e w o f t h e C e m e t e r y E x p a ns i o n P l a n . T h e p r o j e c t b u d g e t i s b a s e d o n P u b l i c Art In- Li e u c o n t r i b u t i o n r e q u i r e d b y S c h a e f e r R a n c h D e v e l o pm e n t A g r e e m e n t . I t i s a n t i c i p a t e d t h e d e s i g n a n d co n s t r u c t i o n w i l l o c c u r b e y o n d t h e C I P t i m e f r a m e . MA N A G I N G D E P A R T M E N T : Pa r k s & C o m m u n i t y S e r v i c e s ES T I M A T E D CO S T S PR I O R Y E A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $500,000 TO T A L $500,000 8.4.a Packet Pg. 578 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Fu t u r e P r o j e c t s Ci t y o f D u b l i n C a p i t a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 Page 85 Nu m b e r – P - 2 7 PU B L I C A R T – JO H N M O N E G O C O U R T Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T D E S C R I P T I O N Th i s p u b l i c a r t p r o j e c t w i l l b e f e a t u r e d o n J o h n M o ne g o C o u r t , a t t h e c u l - d e - s a c l o c a t e d a d j a c e n t t o I -5 8 0 . T h e p r o j e c t b u d g e t i s b a s e d o n s u f f i c i e n t f u nding ne c e s s a r y t o c r e a t e a n a r t w o r k o f a s c a l e t h a t c a n be s e e n f r o m I - 5 8 0 . I t i s a n t i c i p a t e d t h e d e s i g n a nd c o n s t r u c t i o n w i l l o c c u r b e y o n d t h e C I P t i m e f r a m e. MA N A G I N G D E P A R T M E N T : Pa r k s & C o m m u n i t y S e r v i c e s ES T I M A T E D CO S T S PR I O R Y E A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $300,000 TO T A L $300,000 Nu m b e r – S - 0 6 SC A R L E T T D R I V E – IR O N H O R S E T R A I L E X T E N S I O N S Pr o g r a m – F U T U R E P R O J E C T S PR O J E C T D E S C R I P T I O N Th i s p r o j e c t p r o v i d e s f o r t h e e x t e n s i o n o f S c a r l e t t D r i v e a n d t h e r e l o c a t i o n a n d e n h a n c e m e n t t o a p o r t io n o f t h e I r o n H o r s e T r a i l . P r o j e c t d e v e l o p m e n t , i ncluding pr e l i m i n a r y e n g i n e e r i n g a n d e n v i r o n m e n t a l w o r k , w a s p e r f o r m e d i n p r e v i o u s y e a r s , u s i n g t r a f f i c m i t i g a t io n f e e s s p e c i f i c a l l y c o l l e c t e d f o r t h i s p r o j e c t . The project is in c l u d e d a s a n E a s t e r n D u b l i n T r a f f i c I m p a c t F e e S e ct i o n 2 i m p r o v e m e n t a n d s u b m i t t e d f o r i n c l u s i o n i n th e 2 0 1 6 u p d a t e t o t h e A l a m e d a C o u n t y w i d e Tr a n s p o r t a t i o n P l a n . It i s a n t i c i p a t e d t h a t t h e p r o j e c t w i l l b e c o n s t r u c te d b y t h e D u b l i n C r o s s i n g d e v e l o p e r i n a c c o r d a n c e wi t h t h e D e v e l o p m e n t A g r e e m e n t b e t w e e n t h e C i t y o f Dublin an d t h e d e v e l o p e r . T h e d e v e l o p e r w i l l b e e l i g i b l e fo r D u b l i n C r o s s i n g t r a n s p o r t a t i o n f e e c r e d i t s f o r pr o j e c t r i g h t - o f - w a y d e d i c a t i o n s a n d i m p r o v e m e n t s . MA N A G I N G D E P A R T M E N T : Pu b l i c W o r k s ES T I M A T E D CO S T S PR I O R Y E A R S 20 1 6 - 2 0 1 7 20 1 7 - 2 0 1 8 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - 2 0 2 1 TOTALS Es t i m a t e d T o t a l P r o j e c t C o s t $20,265,000 TO T A L $20,265,000 8.4.a Packet Pg. 579 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s ) Th i s p a g e i n t e n t i o n a l l y l e f t b l a n k 8.4.a Packet Pg. 580 At t a c h m e n t : 1 . C a p t i a l I m p r o v e m e n t P r o g r a m 2 0 1 6 - 2 0 2 1 ( 1 5 3 2 : F u t u r e C I P s )