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HomeMy WebLinkAbout4.13 Regent Prop Tr 7651CITY CLERK File # 0 0 4 110 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 15, 2008 SUBJECT: ATTACHMENTS: RECOMMENDATION: FINANCIAL STATEMENT: Approval of Final Map and Tract Improvement Agreement for Tract 7651 Report Prepared by: Melissa Morton, Public Works Director 1) Resolution Approving Final Map and Tract Improvement Agreement for Tract 7651, together with Exhibit "A," Agreement 2) Reduced copy of Final Tract Map 7651 Adopt the resolution approving the Final Map and Tract Improvement Agreement for Tract 7651. The developer of Tract 7651, SR Structured Lot Options I LLC, a Delaware Limited Liability Company (Regent Properties), has provided U.S. Bank National Association Irrevocable Standby Letter of Credit No. SLCWMIL02594 in the amount of $1,342,000.00 to guarantee construction of the tract improvements, and Irrevocable Standby Letter of Credit No. SLCWMIL02595 in the amount of $50,000.00 for the installation and maintenance of erosion control measures. Regent Properties will pay the cost of construction inspection. Once these improvements are accepted, the City will incur maintenance costs for the City -maintained improvements within Tract 7651. DESCRIPTION: The Tentative Map and Conditions of Approval for Tract 7651 were adopted by Planning Commission Resolution No. 05-52 on September 13, 2005. As approved, Tract 7651 was to be the master subdivision map for the eastern portion of the Toll Brothers' Sorrento at Dublin Ranch development on the 71.23 acres bounded by Grafton Street, Gleason Drive, Lockhart Street and Central Parkway. The Tentative Map for Tract 7651, as approved, was to dedicate the rights -of -way for Palermo Way, Capoterra Way and Lee Thompson Street, and subdivide the area into eight parcels, COPY TO: Jim Kerns, Regent Properties Page 1 of 2 ITEM NO. / • 1 6- � G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento\Tract 7651-school\Agst 7651 FM & Tr Imp Agmt.doc including a ten-acre parcel for an elementary school; a five-acre parcel for a public park, and a parcel for a private recreational facility. The remaining five parcels were for further subdivision and development of the project's five residential neighborhoods. Ownership of the project property has transferred from Toll Brothers to SR Structured Lot Options I LLC (Regent Properties). Regent Properties is currently processing changes to the approved entitlements for its development and does not intend to record the Tract 7651 map as approved for all parcels until ~id-2009. The Lin Family, owners of the property prior to Toll Brothers and Regent Properties, had previously entered into a mitigation agreement with the Dublin Unified School District to provide the School District with a ten-acre site with frontage improvements within Tract 7651. Regent Properties has agreed to file the Tract 7651 Final Map for the sole purpose of creating the school parcel and dedicating Palermo Way along the school frontage. In addition to the school frontage improvements, Regent Properties has agreed with the Tract 7651 map to construct the permanent walkway along the south side of Gleason Drive between Grafton Street and Lockhart Street, and on the west side of Lockhart Street between Gleason Drive and Central Parkway. The Final Map and the Improvement Plans for Tract 7651 have been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 05-52 on September 13, 2005, as they relate to the scope of the current map for creating the school parcel and constructing the related improvements. The developer, SR Structured Lot Options I LLC (Regent Properties), has submitted the signed Tract Improvement Agreement, which is secured by U.S. Bank National Association Irrevocable Standby Letter of Credit No. SLCWMIL02594 in the amount of $1,342,000.00 for the tract improvements, and Irrevocable Standby Letter of Credit No. SLCWMIL02595 in the amount of $50,000.00 for the installation and maintenance of erosion control measures. Parkland dedication requirements do not need to be satisfied until the residential lots/units are created with subsequent Tract Maps. Staff recommends that the City Council adopt the resolution approvmg the Final Map and Tract Improvement Agreement for Tract 7651. Page 2 of2 ) ~J, \;1- RESOLUTION NO. - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7651 WHEREAS, the Final Map for Tract 7651, in the incorporated territory of the City of Dublin, State of California, has been presented to this City Council for approval, all in accordance with provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and WHEREAS, the Developer, SR Structured Lot Options I LLC, a Delaware Limited Liability Company (Regent Properties), has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 7651 to improve required subdivision improvements in accordance with the Conditions of Approval for the Tentative Map, and with the improvement plans attached thereto; and WHEREAS, said Tract Improvement Agreement is secured by U.S. Bank National Association Irrevocable Standby Letter of Credit No. SLCWMIL02594 in the amount of $1,342,000.00 for the tract improvements, conditioned upon faithful performance of said Agreement and upon payment for labor performed or material furnished under the terms of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by U.S. Bank National Association Irrevocable Standby Letter of Credit No. SLCWMIL02595 in the amount of $50,000.00 for installation and maintenance of erosion control measures, conditioned upon faithful performance of said Agreement; NOW, THEREFORE, BE IT RESOLVED that said agreement and Irrevocable Standby Letters of Credit are hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is hereby authorized to execute said Tract Improvement Agreement, attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the Final Map of Tract 7651 be and the same is hereby approved, and that rights to the areas marked as Palermo Way, Public Service Easement (PSE) and Landscape Easement (LE) offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted, subject to improvement, that the Storm Drain Easement located in the northwest corner of Parcel 2 of this map as delineated on Parcel 7 of Tract 7281 recorded in Book 277 of Maps, Pages 82-88, the Temporary Drainage Release Easements over Parcels 1 of this map as recorded in Document Series 2004258879, and that portion of Central Parkway as delineated on Tract Map 7651 and previously recorded in Book 257 of Maps, Pages 3-7 and in Book 277 of Parcel Maps at Page 82-88 are hereby abandoned and vacated; and that the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. 1 1--te~~ 11 L! 'I::: 7// J:kk! I: ~!'(f: AnAalHJ-L!.. {) {);\ I J- PASSED, APPROVED AND ADOPTED this 15th day of July, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOPMENT, PRIV A TE\Dublin Ranch\Sorrento\Tract 7651-schoo1\Reso FM 7651.doc 2 r-:r'lD);J /) ,t /....r. . <...--/.~ /l CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 7651 This agreement is made and entered into this 15th day of July, 2008, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and SR Structured Lot Options I LLC, a Delaware Limited Liability Company hereinafter referred to as "DEVELOPER". RECITALS WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that DEVELOPER, the subdivider of Tract No. 7651, desires to improve and dedicate those public improvements (hereafter "The Improvements") required by City of Dublin Planning Commission Resolution No. 05-52 adopted on September 13, 2005 in accordance with the requirements and conditions set forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plans for said development entitled Improvement Plans, Tract 7651, Sorrento East, prepared by MacKay & Somps signed by the City Engineer on June 30,2008; Landscape Construction Documents, Sorrento, Tract 7651 prepared by R3 Studios; and Joint Trench Composite & Street Lighting Plans for Sorrento at Dublin Ranch, Tract 7651 prepared by Robert Gray & Associates and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, CITY has determined that The Improvements are a public works subject to California prevailing wage requirements: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. DEVELOPER will commence construction of The Improvements within thirty (30) days following the date on which CITY executes this Agreement. DEVELOPER shall complete said work not later than two years following said date of execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final Record Drawings of The Improvements, including any modifications made during construction. EXIIBI .A..: T", +h", D"'..."'I,,+i"'... 4 ~ Ic?~ 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement as presented in the Bond Estimate for Tract 7651, dated April 22, 2008 prepared by MacKay & Somps is agreed to be $721,000 of which $671,000 is for construction of the Tract improvements and $50,000 is for maintaining the erosion control measures. Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. 3. Bonds Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: A. Fa ithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred per cent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. B. Labor a nd Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one-hundred per cent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor. C. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit sufficient to assure CITY that the surface water drainage of the subdivision shall not interfere with the use of neighboring property, including public streets and highways. CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. 4. Insurance Required. Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. 2 3 ~f )}- A. Minimu m Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimu m Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coveraqes. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or 3 h dt} );) automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers Liability Coveraqe. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3) All Coveraqes. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. , a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coveraqe. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. c) Subcontractors. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its 4 ~ t)J 1 ,n, I ~\ j(7 policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one- year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the com pletion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 6. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its City Engineer and designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the 5 () fIr. 0(2,.. ir/ , I" tV satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 7. Aqreement Assiqnment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY. 8. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: Mark Lander, City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 6 0~1() Notices required to be given to DEVELOPER shall be addressed as follows: Regent Properties 11900 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Notices required to be given surety of DEVELOPER shall be addressed as follows: Regent Properties 11900 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 9. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 10. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. 11. Acceptance of Work. Upon notice of the completion of all tract work and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine the tract work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance. 7 / 0 ';i It! 12. Patent and Copyriqht Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 13. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 14. Liability. A. DEVELOP ER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Desiqn Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the 8 ) I t)J Ie) F ' public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. 4) Litiqation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 15. Recitals. The foregoing Recitals are true and correct and are made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By: Mayor ATTEST: CITY Clerk DEVELOPER .s;e S~r~cLL.,f ~/jtl/ls / LlL!- a Delaware limlteQ l1aOUlty compa1l)' --..By.;tark Offshore Management UC a Wisconsin 1imitcd liabililv ~ ita Manager .1 Pan)' /!Ia ~ I~ /J1~#l her G:\DEVELOPMENT, PRIVA TBDublin Ranch\Sorrento\Tract7651-schooMract improvement a9m! .doc 9 NOTES: 1. ALL BEARINGS SHOWN ARE BASED UPON CAlIFORNIA COORDINATE SYSTE~ ZONE III 2. ALL DISTANCES SHOWN ARE GROUND lEVEL DISTANCES, ~ULTlPLY DISTANCES BY 0.9999054 TO OBTAIN GRID DISTANCES. 3. TRACT 7651 CO~PUES WITH THAT PORTION OF SECTION BB17 OF THE lAND SURVEYOR'S ACT. WHICH STATES: "ON OR AfTER JANUARY '. 1995. WHEN STATE PlANE COORDINATES ARE USED ON NEW SURVEYS AND NEW MAPPING PROJECTS. THE USE SHALL BE U~ITED TO CCS BJ". BEING THAT IT IS A CONTINUATION OF RECORD OF SURVEY No. 1005 (R-1) WITH SEVERAL CO~~ON BOUNDARIES; THEREFORE. THE COORDINATE SYSTE~ IS BASED UPON 1I11S ORIGINAL SURvEY CCS 27, ZONE 3. BASIS OF BEARINGS: THE BASIS OF BEARINGS SHOWN HEREON, IS THE UNE BElWEEN USC&GS TRIANGUlATION STATIONS 'FALLON" AND "MOUNT DIABLO TOWER". THE GRID BEARING CALCUlATED FROM PUBUSHED CCS 27 ZONE 3 GRID COORDINATES FOR THIS LINE IS TAKEN AS N15'44'21'W. ~ ~,,(, ~<:>.-q,.<t / //"ft 0":/ / -/ ~j~~/ / A!"o ~'f/ / 7?f)3 ~",,,~~( ( " lRACr M 1\ /;;(,.].-;1 "'#~'.., \ ~~ ~% '20 \ ~ --;*..;'~ j' i ~yf@'-t;, \ ~~ ~~ __ ~'~~i \ 1-;. ~:\' ~o ~~ __ __~~_~ ~.Q~:~ : \ \ f ~\ ' \~ \',\ ~ ~ffi _ _ _ -- _ ------=;j"i'''t. ~'l)1 S' ~~~'l;~;~Ig.}, \ \ If,., ~ a \-p'\.v~ " . - - - -- -____-~- --<!r~16')1. ~:::;1'95~......'*1€:-l;)-~i-~\'\u ',\ \ \~~ iA~ ~~~ \ ~ @- . - - - NilS'07'WE Bi5iYM-M GLEAS~P~E!'.E., R.::l~Ol_~~ \1\()'o{\?~~~?J~~~;~ I~~\ '~J,;~v' '"; \~t ", 13504' ~MEJ N (C----NIi5'o7'iiO'EB24:,.4:eNO~.- O_~OS t>~\ "'~{ v;.':>~'\cfC;{o.(~\\i '~~~ \~ 'l~\ \ " N8';).07'w 5-....l1 ",- ,3'.;.) ~-- 1\A?>'t '/ ~ ~\ \ " -l: \"~\ N35'43'OS'E 36.88' !lNOY ~~1' t>~ .. V'\ . ~ '"' ,..; . 4'-"--', \~. R~ ~of.Jt?;r. ~~'tD,. ~ \ "O~_~;SJ"_ ,_, q,f, I PARCEL 2 ,:>\\' t> "" ,i'\ ""'J;l,,~ ';d NB5'07'0d'E~~-" I~ '-4'\ \'.~\ "1~ I '" "",-<<? ' Y. 172.B2'.J!-M I?' \ ,.. 0; I <9.' ~s .nRIMlN"o< -' 0 ~...j , ill ~~' c.", LANE~-~'" :'i. "'WI I '1&<5" N04'53'Od'W , , r L 4736 \ /;b , r: -.) 22B.93' M-M R=3D' t:.=9'J'27'0 -.' - /",..,1l1 " , \ 1':. N69'529V~M p.DCEL ' ~ p,?:.; ; " jlN 53.4, "" .. I SHEET 3 fj!"~ / ' JJpALERMO~A~. . N04'53'oo"E 52.00' -4689' \ '-3'\ fj,t;;t7 ", \ I R~30' t:.=8W32'51 L~roi HEREON I \",;,..1 :: ' ft!/ f / t.. II ~~ pAlIRMO WAY OEOICA I "! j ~ If " I (,), ,,[ .' I PARCELl [9, "~('J/ ~ '.0:' t:] ~ I '" I fo.. &J '_ FD. STD. USC & GS ~DN. W!4" BRASS OISC~ ~) ~ & 25 I!;:;~ ~ / BURIED O.B' STAMPED "FAI.LON-1946" N.442,789.03. ?(] ~ "m~ I '" '"' 10' E.1.61O.047.54, 2NO ORDER TRIANGUlATION ~ --{ ~ v: ~ Ii;,' 'I.l.u/ U / STAnON CC$ 27. ZONE J. 0= -O(f49'31~ d"lo -....15 ,_jCJlf?;IO:; ;:.~ '>;~~I.>'~ I <-: :s/~/'''/ ''';'1''-1 ~.!;; if @~ 8. PARCE~~______-t " I~i- Q, i;j !",-.fD '-1 " ~e,~~________________ I t' / &t; ~ af.g- \>Jl I. / I 0: ':( Z.... \;l~':!l , ,Q;o, N7(f>08'OB":j ~ L---- I -. > 11364' M-M 1''.?,. ~ ri i~N06'03'36"E 314.61' ~-M CAP01'EI>fi, I :": !1 I .....:'''4. '''' . '5'\ 18 'I .. j> R-2. ~e \",;j ~ l&t~\ I = ~k:~. :Jt~ ~ 1\ \ \ ~~' 1~1i ~ ,'\I \\ .-\-...N14'26:26"W f..i;c) I ~ n 1'~ {:{ CP'~ xf \ 314.61 M-M .. ~:?{7 'ii-' 17-23'2]" ? 1:. ~"s.it ~ \~ f\ \ ";;:J' '" 1/27'J6'J; 81.04' ElI/DY <1~ ~ .Q;~ ~ \~ \\ N24'41:28"W ~ N7?J' W 28.28' B ' ~.A.'D .1';.; SEE DETAIL A t::fy. ,i! 'CP '(Q \ [55 46 ~-M - ~ff9~~1I' 10J.76'''::Oy ~:V.;. ~ SHEETZ :?!<<>"" SEE DETAJL 8 ~ \~ ~\ /fl - . I Ll~OI'26'JS- <?O' +. <t> '" ~ ~ SHEET 5 . . . ~'- ~ I ( ~ ,11.5:5~'!iff (Rj L~1402' ElNDY"'<~ '~~1;,,",. ~I-,~. N11'35'O€!liRL - \~'t~". v:p , 1/72'D7'4{J"1I' . 'ft "'d' '. -:" &, <6!(;t:: ---- '.':1 " ~1'-;' f"-.- - .1111'!9'06" 83.67' ElI/DY //.;>. '.~.;,""b ;:~,.,t:' 0 6"W(f) \'.~\"'':>'~il'\ \ , -;'l.".\- '1."/ '2){~_ R~294-~-qR) . <%~ r I .,,'4,09.!-_ ~'. t>~ol'\tS I. ~,,/ ~ Nl2'J' Nlii4g;-_;;;-.. --~~"'..1J'46'Off' V.<oV)- '., '" t:.=14'42'<< -'. \.~\\i\'/.- . ~,,' ~ .'Ji l:l" 5Ii! ~rlV 15dJ"1V 438-;:;--"_. --"-_-!::!~7~24' ElNDY." L~329.70' ~.P~~\I.~\I. <1"''l'~~ ~ -~ .!!.' M_jj42 M-M ""--@-.1-ilIb.f.2Q"!t.ilW'-M-:M -R",'OO: _ ~196,~,~O' ~ t" tt;~~. --- ___ CENTRAL PARK1r~-"L"~-3Oi""oo' M-M \<1 ___ \~O " I. RAe} _-:. ~ -1!!I~wE.1Z.M1v JIg.~7'~i!...... ~4'~2"~ _ -: \' n~\ .... 265 M/J25 ---""~ti( _ ",c:r 7/J.S3 It<l 70 Ig[;21 rR;"13 M ")2. I~~I I~ e,,,,,,,,,,,.~~ ~~ I MOUNT OIABLO TOWER N506.1B677. E1.592.1804B USC & GS 1ST ORDER TRIANGULATION STATION CCS 27, ZONE 3 '''\ I ~ \", \~ I~'" ~\;.~ o. \:z ~\~~ ~\~% V'\\.'1~ ~\%~ '6-\6\!l 7{\~~ .:.:-\~f"'\ I~ \~ 1 -r 0' , 100' 200' SCALE: 1" =200' REFERENCES: R-1 RECORD OF SURVEY No. 1005. FILED FEBRUARY 1, 1993. 8K 16. R.O.S.. PGS. 37-51, AlAMEDA COUNTY. TRACT 7281. FILED SEPTEMBER 3. 2004. BK 277 OF MAPS. PGS. 82-88. AlAMEDA COUNtY. TRACT 7641. FILED MAY 30, 2006, BK 291 OF MAPS, PGS. 23-26. AlAMEDA COUNTY. TRACT 7642. FILED JULY 7. 2006. BK 291 OF MAPS. PGS. 51-58 AlAMEDA COUNTY. fRAeT 7645. FILED AUGUST 24, 2006. BK 291 OF MAPS. PGS. B7-92 AlAMEDA COUNTY. TRACT 7646. FILEO APRIL 02. 2007. BK 291 OF MAPS. PGS. 74-77. AlAMEDA COUNtY. R-2 R-3 R--4 R-5 R-6 LEGEND: @ SET CITY OF OUBUN STANDARO STREET MONUMENT STAMPED W!LS. 7960 FOUND CITY OF DUBUN STANOARO STREET MONUMENr STREET MONUMENT PER TRACT 7641 (R-3) W!LS. 5412 UNLESS NOTED OTHERWISE STREET MONUMENT PER TRACT 7642 (R-4) W/LS. 7960 UNLESS NOTED OTHERWISE I)>-- ANGLE POINT ---- BOUNDARY LINE PARCEL UNE MONUMENT LINE EASEMENT UNE AC BNDY EX. CL SSE LE M!L M-M M-PL PSE (R) ROW (T) (;D ACRES BOUNDARY EXISTING CENTERLINE SANITARY SEWER EASEMENT lANDSCAPE EASEMENT MONUMENT UNE MONUMENT TO MONUMENT DISTANCE MONUMENT TO PROPERTY LINE PUBLIC SERVICE EASEMENT RAOIAl BEARING RIGHT OF WAY TOTAL INDICATES SHEEl NUMBER @ )!l' )Q\ ABANDONMENT NOTE: PURSUANT TO ARTICLE 2. SECTION 66434(9) & 66499.20 1!2 OF THE SUBDIVISION MAP ACT. THIS MAP SHALL CONSTITUTE THE ABANDONMENT IN ITS ENflRETY WITHIN THE BOUNDARIES OF THIS ~AP THE FOLLOWING: ,. b~R T~~g~Y 2D~"tJ~ :)E~~~EI~t~5~5NiN 066~u~~;WE~Ek,g 2'61l~2~~~7~EASEMENT TO REMAIN 2. EXISTING 30' STORM DRAIN I:A.~E~ENT I.OCATED IN THE NORTHWEST CORNER OF LOT 2. RECOROED IN BOOK 277 OF MAPS. PAGES 82-B8 WITHIN THE BOUNDARIES OF PARCEL 7 AS SHOWN ON SAID MAP. 3. THE PORTION OF PUBLIC RIGHT OF WAY OF CENTRAL PARKWAY RECORDED IN BOOK 257 OF MAPS. PAGES 3- 7 WITHIN THE BOUNOARIES OF PARCEl. 4 AS SHOWN ON SAJO MAP. 4. THE PORTIONS OF THE PUBUC RIGHT OF WAY OF CENTRAL PARKWAY RECORDED IN BOOK 277 OF MAPS, PAGES B2-BB WITHIN THE BOUNDARIES OF PARCEL t, AS SHOWN ON SAlO MAP. TRAC1' 7651 400' A SUBDIVISION OF PARCEL 7 OF TRACT 7281 AS FILED IN BOOK 277 OF MAPS AT PAGES 82-88 ALAMEDA COUNTY RECORDS CITY OF' DUBLIN ALAMEDA COUNTY, CALIFORNIA MAY, 2008 -::--- },,) IlACKAy 1& SImps {;IVll ENGINEERING_LAND PlANNING_LAND $UR'lE:YING 51428 flWiKl.l<o OR., P\..EASN(TOfi, CA. 9-4588 (92'l) 225-0690 \ SHEET 2 OF 5 \:. 19394 -0