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Home My WebLink About4.12 Sorrento East Proposed PkG~~~ O~ DU~~~ /// .~~ ~~~ , 1~~ . 19 (~1~~_if~) SZ \~`~"% ~ / ~`iLLFOR~1~ STAFF REPORT C I T Y C L E R K DIJBLIN CITY COUNCIL File # ^[~]~~-~]~ DATE: April 19, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager . SUBJEC . Approval of Agreement Regarding Proposed Park in Sorrento East " Prepared By: Mark Lander, City Engineer ~ EXECUTIVE SUMMARY: The Tract 7982 Final Map subdivided the area bounded by Grafton Street, Gleason Drive, Lockhart Street and Central Packway into ten parcels and dedicated easements and streets for public use. The Conditions of Approval for Tract 7982 requires the Owner, SR Structured Lot Options I, to dedicate Parcel 8 to the City for a 5.0-acre Neighborhood Park. The Agreement regarding a Proposed Park in Sorrento East provides for the Owner to complete the street frontages and rough grading, and to maintain the park site prior to the City's acceptance of the deed for the park site. The Agreement allows SR Structured Lot Options I to use the dedication of the park site to satisfy the Neighborhood Parkland component of the Public Facility Fee requirement for mapping the residential units within Sorrento East. FINANCIAL IMPACT: The Agreement has no financial impact to the City as the Owner will be required to maintain the undeveloped park site until the City is ready to develop the park. RECOMMENDATION: Staff recommends that the City Council Adopt the Resolution Approving Agreement Regarding Proposed Park in Sorrento East. . , . ~/,/ Submitted By Revie ed B Public Works Director Assistant Citv naqer Page1of2 ITEM NO. •~~ DESCRIPTION: The Planning Commission adopted Resolution 10-09 on March 9, 2010 approving Vesting Tentative Maps and Site Development Review for Sorrento East bounded by Grafton Street, Gleason Drive, Lockhart Street and Central Parkway. Tract 7982 Final Map subdivided the property into ten parcels and dedicated for public use Capoterra Way, Giovanni Way, Lee Thompson Street, and Palermo Way. Seven of the parcels are for the future residential development of the Sorrento East project. The Conditions of Approval for Tract p982 requires the Owner, SR Structured Lot Options I, to dedicate Parcel 8 to the City for a 5.0-acre Neighborhood Park. The Agreement Regarding a Proposed Park in Sorrento East provides for the Owner to complete the park frontage street improvements on Palermo Way and Lee Thompson Street and to rough grade the park site as shown in Exhibit B attached to the Agreement. The Agreement also requires the Owner to maintain the park site prior to the City's acceptance of the deed for the park site. The Agreement allows the Owner to use the dedication of the park site to satisfy the Neighborhood Parkland component of the Public Facility Fee requirement for mapping the residential units within Sorrento East. The Agreement is to be secured by a bond in the amount of $602,000 for the street frontage improvements and for the rough grading, prior to the use of any Neighborhood Parkland credits. The frontage improvements and rough grading are to be completed by November 15, 2012 unless this date is extended by the City. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. The approval of the Agreement Regarding Proposed Park in Sorrento East is in concurrence with the approved Tentative Map. Copy of Staff Report to be sent to Pat Costanzo on behalf of SR Structured Lot Options I LLC. ATTACHMENTS: 1. Resoiution Approving Agreement Regarding Proposed Park in Sorrento East, together with Exhibit "A", the Agreement, including the following Exhibits to the Agreement: Exhibit "A" (Site Plan), Exhibit "B" (Grading Plan), Exhibit "C" (Erosion Control), and Exhibit "D" (Offer of Dedication) G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-East\Tract 7982-Backbone\Staff Report Park Agreement.DOC Page 2 of 2 ~i RESOLUTION NO. -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *****~~** APPROVING AGREEMENT REGARDING PROPOSED PARK IN SORRENTO EAST WHEREAS, the Owner SR Structured Lot Options I, LLC, a Delaware limited liability company has dedicated to the City of Dublin a 5.00-acre park site for a Neighborhood Park within Tract 7982; and WHEREAS, Conditions of Approval for Tract 7982 requires the Neighborhood Park street frontage improvements to be completed and the Neighborhood Park to be rough graded by the Developer prior to City acceptance; and WHEREAS, SR Structured Lot Options I wishes to use the dedication of the park site to satisfy the Neighborhood Parkland component of the Public Facility Fee requirement for mapping the residential units within Sorrento East ; and WHEREAS, SR Structured Lot Options I has executed and filed with the City of Dublin an Agreement Regarding Proposed Park in Sorrento East to complete the Neighborhood Park street frontage improvements and to rough grade the Neighborhood Park; and WHEREAS, said Agreement is to be secured by a bond in the amount of $602,000 for the street frontage improvements and for the rough grading, conditioned upon faithful performance of said Agreement, prior to the use of any Neighborhood Parkland credits; and WHEREAS, said Agreement is to be secured by a bond in the amount of $602,000 for the street frontage improvements and for the rough grading, conditioned upon payment for labor performed or material furnished under the terms of said Agreement, prior to the use of any Neighborhood Parkland credits; NOW, THEREFORE, BE IT RESOLVED that said Agreement Regarding Proposed Park in Sorrento East, attached hereto as Exhibit "A", is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement Regarding Proposed Park in Sorrento East. PASSED, APPROVED AND ADOPTED this 19th day of April, 2011. AYES: NOES: ABSENT: ABSTAIN: ATTEST City Clerk Mayor r 1 ~ -- --~'~ 1 ~ - ~~ ~ -- - { : TT . ~ ~ ~~ AGREEMENT REGARDING PROPOSED PARK IN SORRENTO EAST THIS AGREEMENT REGARDING PROPOSED PARK IN S RR~ NTO EAST is made and entered in the City of Dublin on this ~ day of I, 2011, by and between the City of Dublin, a municipal corporation (hereafter "City") and SR Structured Lot Options I LLC, a Delaware limited liability company, (hereinafter "Owner"). City and Owner are, from time-to-time', individually referred to in this Agreement as a"Party," and are collectively referred to as "Parties." ~ RECITALS A. Owner is the fee owner of certain real property in the City af Dublin ("the Property"), more particularly described as Parcel 8 on the Final Map for Tract 7982, and certain other surrounding property, collectively known as "Sorrento East", that Owner is developing with various residential uses. B. The Parties are in agreement regarding the site for a neighborhood park containing a minimum of 5.00 acres ("the Parksite"), which is Parcel 8 as shown on the Final Map for Tract 7982. The Parksite is shown on the site map attached hereto as Exhibit A, and the City is presently designing the Park improvements to be constructed on the Parksite. C. Section 8-7.1 of the Subdivision Ordinance 1-91, as adopted by the City, and City of Dublin Municipal Code 9.28.020, as amended by City Council Resolution 60-99, requires each subdivider of land for residential uses to dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes. D. Owner is presently grading or preparing to grade other portions of Sorrento East for development and desires to dispose of excess earth generated from those grading operations on the Parksite. E. The grades of the Parksite are such that the lands need additional fill, and the City is willing to take possession of the Parksite after the completion of such rough grading, provided that the additional fill would not interfere with the City's Park designs. F. In conjunction with the development surrounding the Parksite, Owner expects to construct or cause to be constructed certain public roadways bordering the Parksite as shown in the plans for the improvements of Tract 7982 Sorrento East prepared by MacKay and Somps, dated January 24, 2011 ("Improvement Plans"). G. Since the Parksite is not yet ready for the City's acceptance of it, the Parties are entering into this Agreement to allow for the immediate creation of pubVic facilities fee credits in accordance with Section 5.3.6.c of Amendment No. AGREEMENT FOR PARK IN SORRENTO EAST Page 1 --- -- ''--- --- ----- -- ~XHIBIT ~ ~ __ -----_- r ~ _ ~~ ~ 1 to the Development Agreement between the City and ~wner, recorded July 16, 2010 (the "Development Agreement AmendmenY') and Condition 13 of Planning Commission Resolution No. 10-09. H. Through this Agreement, the Parties desire to set forth their respective agreements with respect to the Parksite and the associated Pub{ic Facilities Fee Credits. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Owner agree as follows: AGREEMENT Section 1. Parkland Dedications. , Concurrently with execution of this Agreement, Owner shall deliver to the City a deed that irrevocably dedicates the Parksite for the purpose of a Public Park ("Irrevocable Offer") in form and content substantially consistent with Exhibit D of this Agreement. The City shall accept this irrevocable offer of dedication within thirty (30) days after the rough grading, including erosion control measures, and street frontage improvements for the Parksite have been completed in accordance with this Agreement. Section 2. Neighborhood Parkland Requirements; Public Facilities Fee Credits. Provided that City has received the fully executed Irrevocable Offer and the bonds required by Section 6, City shall provide Owner with public facilities fee credits for the neighborhood parkland dedicated by Owner pursuant to Section 1 and to be improved pursuant to Sections 3 and 4. Notwithstanding anything to the contrary in Chapter 9.28 of the Dublin Municipal Code, Owner may use the credits to fulfill the neighborhood parkland dedication requirements of Chapter 9.28 of Dublin Municipal Code within the City of Dublin. Such credits shall be expressed in acres of parkland. All aspects of the credits, including the documentation required to create and transfer them, shall be governed by the City's Public Facilities Fees Administrative Guidelines. Section 3. Grading and Preparation of the Parksite a. Rough Grading of Parksite. Owner agrees to rough grade the Parksite as set forth in the Rough Grading Plan, attached hereto as Exhibit B(the "Rough Grading Plan"). The Owner agrees that the source of all imported soil to the Parksite will be generated from the precise grading of the Sorrento East Project (not to include any soil generated by grading individual lots after initial pad is graded). Prior to the Owner's start of rough grading the Parksite, the City may revise the Rough Grading Plan so long as the rough grading does not require any additional material to be imported or exported from the Parksite. The AGREEMENT FOR PARK IN SORRENTO EAST Page 2 ~ ~ I~ Owner agrees to rough grade the Parksite according to the revised Rough Grading Plan. The Parks and Community Services Director and the Public Works Director may approve changes to the Rough Grading Plan proposed by Owner, which approval shall be in writing. b. Erosion Control Measures. Owner shall install and maintain erosion control measures ("Erosion Control Measures") on the Parksite as required by the Erosion Control Plan, which are included in the Rough Grading Plan and attached hereto as Exhibit C. Owner's obligation to maintain the Erosion Control Measures shall cease upon the City's acceptance of the Parksite. The City, at its sole discretion, may waive the requirement for the Owner to install the Erosion Control Measures. c. Completion of Grading. Owner shall provide the City with a notice indicating that grading of the Parksite is complete ("the Notice of Completion of Grading"). Along with the Notice of Completion of Grading; Owner shall deliver a Phase I Environmental Site Assessment meeting the then-current ASTM standards, along with evidence of compliance with any recommendations, as evidence to demonstrate that the Parksite is free of hazardous substances. Within 30 days of receipt of the Notice of Completion of Grading, the City shall reasonabty determine whether the grades of the Parksite conform to the ' requirements of the Rough Grading Plan and shail provide notice to Owner of any insufficiencies for Owner to make reasonable corrections. Upon completion of the corrections, the City shall direct Owner to install the Erosion Control Measures. Upon installation of the Erosion Control Measures, Owner shall notify the City, and the City shall determine whether the Erosion Control Measures have been installed in accordance with Exhibit C and, if insufficient, shall provide notice to Owner of the insufficiencies for Owner to make reasonable corrections. When the City is satisfied with regard to these items then the rough grading shall be deemed complete ("the Completion of Grading"). Should Owner dispute the notice of insufficiencies and the Parties are unable to resolve the dispute as among themselves then the City and Owner agree to submit the dispute regarding the alleged insufficiencies to arbitration. Section 4. Parksite Frontage Improvements. As shown in the improvement Plans, Owner will complete the Palmero Way and Lee Thompson Street improvements fronting the Parksite and the 18- inch storm drain along the southern edge of the Parksite. Section 5. Schedule. In accordance with Condition 13, the Owner agrees to compfete the rough grading, erosion control measures and tiie street frontage improvements for the Parksite, and provide the City with the Notice of Completion of Grading prior to November 15, 2012 ("the Completion Date"). The Parks and Community 5ervices Director and the Public Works Director may approve an extension of the Gompletion Date beyond November 15, 2012; which approval shall be in writing. AGREEMENT FOR PARK IN SORRENTO EAST Page 3 , ~ 17 ~ Section 6. Bonds Furnished. The estimated cost of the rough grading, Erosion Control Measures and fronting street_improvements for the Parksite required by this Agreement is presented in the Bond Estimate for Rough Grading, Erosion Control and Street Improvements for the Parksrfe in Sorrento East, dated February 22, 2011 prepared by MacKay & Somps and is agreed to be $602,000. As a prerequisite, to its receipt of the credits described in Section 2 of this Agreement; Owner shall furnish City with the following securities in a form satisfactory to the City Attorney: a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred per cent (100%) of the estimate set forth above and reasonably sufficient to assure City that rough.grading, Erosion Control Measures and frontage improvements will be reasonably satisfactorily complefed; and b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one- hundred per cent (100%) of the estimate set forth above and reasonably sufficient to assure City that Owner 's contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefore. Section 7: Termination. This Agreement shall terminate upon the Parties' reasonable satisfaction of all of the covenants herein. Section 8. IVliscellaneous. a. Incorporation of Recitals and Introductory Paragraph. The Recitals contained in:this Agreement, and the introductory paragraph preceding the Recitals, are hereby i.ncorporated into this Agreement as if fully set forth herein. b. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified in writing by mutual consent of the Parties. Notwithstanding the foregoing; if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void, or unenfarceable, either City or Owner may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other Party. c. Assignability. Except as otherwise provided herein, Owner's rights, interests and obligations hereunder may not be assigned during the term of this Agreement unless Owner receives the prior approval from the City, such AGREEMENT FOR PARK IN SORRENTO EAST Page 4 ~ ~~ ~ approval not to be unreasonabfy withheld, conditioned or delayed. d. Construction. This Agreement has been reviewed and revised by legal counsei for both City and Owner, and no presumption or rule that ambiguities shall be construed against the drafting party shatl apply to the interpretation or enforcement of this Agreement. e. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. f. Attorneys' Fees. In.any legal action or other proceeding brought by either party to enforce or interpret a provision of this Agreement, the prevailing party is entitled to reasonable attorneys' fees and any other costs incurred in that proceeding in addition to any other relief to which it is entitled. "Prevailing party" shall include without limitation: (a) a party who dismisses an action in exchange for sums allegedly due (unless an agreement setting forth such exchange provides otherwise regarding attorney fees); (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy where this is substantially equal to the relief sought in an action (unless an agreement setting forth such exchange provides otherwise regarding aftorney fees); or (c) the party determined to be the prevailing party by a court of law. g. Hold Harmless. Owner shall hold City and its elected and appointed officers, agents, employees, and representatives, harmless from claims, costs, and liabilities for any personal injury, death, or property damage which is a result of operations performed under this Agreement by Owner or by Owner's contractors, subcontractors, agents or employees, whether such operations were performed by Owner or any of Owner's contractors, subcontractors, agents or employees. Nothing in this Section shall be construed to mean that Owner shall hold City harmless from any claims of personal injury, death or property damage arising from, or alleged to arise from, any act or failure to act, on the part of City, its elected and appointed representatives, offices, agents and employees. h. Notices. All notices required or provided for under this Agreement shall be in writing. Such notices shall be given to the Parties at their addresses set forth below: If to City, to: City of Dublin 100 Civic Plaza Dublin, California 94568 Fax No. (925) 833-6651 Attn: City Manager If to Owner, to: Jeff Dinkin Regent Properties 11900 San Vicente Boulevard, #200 Los Angeles, CA 90049 AGREEMENT FOR PARK IN SORRENTO EAST Page 5 7 i~ and Patrick Costanzo c/o Regent Properties , 11900 San Vicente Boulevard, #200. Los Angeles, CA 90049 A party may change its address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shail be deemed given and received upon personal delivery, or if mailed, upon the expiration of forty-eight (48) hours after being deposited in the United States Mail. Notices may also be given by overr-ight courier which shall be deemed given the following day or by facsimile transmiSsion which shall be deemed given upon verification of receipt. i. > Counterparts. This Agreement may be executed in multiple counterparts and counterpart signature pages may be assembled to form a single original document. j. Entire Agreement; Exhibits. This Agreement consists of 7 pages and 3 exhibits which constitute in full, the final and exclusive understanding and agreement of the Parties and supersedes all negofiations or previous agreements of the Parties with respect to all or any part of the subject matter of this Agreement. The following exhibits are referred to in this Agreement and are attached hereto and incorporated as though set forth in full: Exhibit A Map of Parksite and Surroundings Exhibit B Rough Grading Plan Exhibit C Erosion Control Plan Exhibit D Farm of Irrevocable Offer of Dedication k. Amendment and Modification; Extension. This Agreement cannot be amended or modified exeept by a written agreement, executed by each of the Parties hereto. An extension of any deadline provided in this Agreement may be granted by the written approval of the City Engineer, without amendment or modification of the Agreement. I. Waivers. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and the Owner. m. Lega/ Authority. Each individual executing this Agreement on behalf of Owner hereby represents and warrants that he or she has fu{I power AGREEMENT FoR PARK IN SORRENTO EAST Page 6 g~ ~ and authority under the entity's governing documents to execute and deliver this Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement. n. Force Majeure. The obligation of a party shall be excused during any period of delay caused at any time by reason of acts of God or civil commotion, riots, strikes, picketing, or other lab~r disputes, shortages of materials or supplies, or damage to work in progress by reason of fire, floods, ea~rthquake, or other casualties, resfrictions imposed or mandated by governmental or quasi-governmental entities (including, without limitation, new or supplementary environmental regulations or moratoriums), litigation, act or negligence of the other party, or any other cause beyond the reasonable control of the affected party (excluding financial inability or weather delays common for the particular time of year) ("Permitted Delay"). The delayed party shall give written notice to the other party of any delay hereunder as soon as reasonably possible after the same has been ascertained. o. Construction. Headings at the beginning of each Section and subsection are solely for the convenience of the parties and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. AGREEMEN7 FOR PARK IN SORRENTO EAST Page 7 9 ~~ ~ IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. . CITY OF DUBLIN: OWNER: ~f C~Ty NM0..14C'~~..s J [J ATTEST: City Clerk Approved as to Form: John Bakker, City Attorney SR Structured Lot Options I LLC, a Delaware limited liability company By: Stark Offshore Management, LLC a Wisconsin limited liability company its Manager By: Name: Its: i~L(~1D{~iz'~~ V_ ~~ l~,r/ , AGREEMENT FOR PARK IN SORRENTO EAST Page 8 , ... , ,.: _._ I ,n ;,,.;> _ .: : . ; ,.,: • __ - : 1 ~(~`~ V EXHI~iT ~ 9~Ea~a of Parksite and Surroundings ~ ~~ ?'F^,Cf l~g~ a3cx gs~lft ~ ~; L"o: ~/; 1 i ~i~~3a~w~,j ~j '4 ~ a~`J,\~~ ~ ~4 s:~~ . . ~4o.,~sn W o `~ ~ ~ ~~^ ~.~5}2,~\, ~TSAv„ ,: ~ . i ~ , `.,4t { sE :' .Z J`~,~e45.~ ' ,~ .x ' a~ ~ ~ . \ ".../ i' ~.~.. ~ -4'io37'34Ea<37G N ~•-0~ ,. t ~. 135.04' M-U NBi•0)'~ E75.14' IA-~t. ~-... .:.~~- - Ra1502~ d°1g~p ~ ~'° 7,~, w1~a\\ \ ~~s~o>>o~~~_.~ '~--- GLEnSON DRIVE 167R64' _~ 03~gPpY ~'~ .-~~~,-.~ ~\ "'"~g~y ~ ~t g0y' 82a:14' Bt~fY_'.....,._.~._~.._~p ~ ~ G`OS~°~?kr53~44j70~ ~:~~fi' ~~~w. q~. ^> ~~j ~ N3°/3'OS"E~ 3&.88' ~BNp)' It R R ~~,t1.W~ ~ +185'i4'~ E`Rl > o `, \ \ ' ": ~ NgSLi~ ..z2~. ~ . 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N 0 ~ `° m 3 x ~ _ ~ ~ W Q ~~ . _~ ~ w -0 n~ ~ ` ~ ~ ~ ~ ~ ! ~ ~ ~ I ~ I ' ~ ~ ~ ~ ~ I ~ ;LEMENTARY SCx00L rtafleicr~ncwm~s d,is .mnwm omwm er wa,+m ar wsscrn er . nac s~ac mc v vws ma ~or ~~c ~ __ - s.mu~rc rce mmsc.o~ a~~~-0~"~ a°a°to.°Y. n . . ~y0~ PL uB Ji Mal ~. ]C ~~aa~ rEH~: Np,E ~~ i6i MO NYV~~TKE at. se6f 10. . `' (. ~ GW~S CREPARED ~N~Qi TitE qREC~ON OF: r ~} ~ ~.~, ~ ~ ,~~,~~, . rv,.~ II ~,~ a wn~ ~~ ~~~l ME H e ~ PE\1EWEJ 6Y:--~Si['--t~ M1E f-Ql % nES: ' QfY ENG~HEER ~ ~ _.:_..._ _.._ A . IX 1El~~On/1ft 9 --.-.-_~__ PARK SITE - PHASE 2 GRADING THE CONTOURS IN THE PARK ON TH~S PLAN REPRE3ENT THE FUTURE PHASE 2 GRP.DING CONDITIONS. ADDITIONAL EARTHWORK WILL B REQUIRED TO ACHIEVE THESE CONTOURS ' AFTER BULK GRADING OPERATION. A21_Tx~rm~mc mno,s e~ rMec ~ar +~c cw~ .nu eu mwc av.~m e. mr ~ar ~aecrs ~.ne mcrvur mu ~r wao.~ x~xs m E sunx srt ma~nurnx . . i ' CITY OF DUBLIN '°~ "° "'''eur'"°"'a °e"'vauc'^ 19394-01 EXHIBIT B ~,m~ ~ . PMK SfTE - P1U8E 2 ~RAD9J8 1 BOqRENTO EABT. DUBLPI RANCH ~.utnxnM . s.m ~ _+ `` ~ ~ ------ ---------- ~... ... _ ~~~ ~ FROSION CONTROL NOTES~ . mc rrnur~cs sHOw~ w~ rr~~s vv~r,w~~ocswHC~ro cmnna sEOiuurt an~HC inc warrr sv.wn, oc*oecx o i ia en r+oucx wnixc w s eECn CMiPLETEO u~~ PRp! 10 TNE <ONSiRUCTIpv 0~ illE UN~EIV ;q0UO0 S~ORU OP.VN Cu. F/SU0.E5 ME TO BE OoEIUHIE vplOq i0 OCTOBEA Nf! YEIA. 3. SroN <OHIHOU TME~PROP ~NttIALLED `MTI N~ESE P CS~R Pfl ~Orviu~H wsiKlf~ Bv OiHEpS n EA ruu i ECtED. E~. EO µLLVOA REPNFfA ~ THE S~T~F0. iION OF iNE utt EvGUUER~ UNiIL TIE SRE IS Mis ui ~so ouvcoM*aa p~ SwLL BE ~E oM~r ~w~rtM~ n~E ~vxOVK ~or oa nr ~~ ME OiFECTiOn pf iryE G EHGINEER. , ]. YNNiENNICE IS IO BE PEFFORNEO /S fOLLOWS: A REPMi ~vuLES GIISEO BY SOIL EN~SION IXt CONStNULTON Ai iHE ENO Of FACH WORKING Mv, 8. iLt EROSiON COMqOL 4E~SUFES SHNL 6E WSPECIED PERqOMwLLT N10 uN iNNEO AS RfQUIFED. - C. S~Li fENCES. SfMW WAnlES, BERMS MIO SMAIFS ME TO BE INSiEC1FD At1[p F/CH SLOF4 INO REVNqS WDE /5 NEEOEO. ' ~. SEPINEM SHLLL BE FE1J~0 INU SE~iMENi Li4P5 RESiDR`D i0 0 GIWI ~ ELEV~ii0N5 vNEN~5E0iuEM ~CC u UiEU i0 WI1Hix ONE OOT OfpO~RET su 5E0~4~ PEMOVEOrtfPOU iWP sHK~ BE DEPoS~IFO ~N SVIiI.BIE ,Y1FA /.Np IN CN ER TNi Nrvµ HOL EFOpE. ~. v OvOE vF10ClIV MECN OANS iN ALL~NCAKD ~ EI MUS ~t ME INiE1C(NS iGTEO Bft~OW a~mµiECK OINS E C SIRUCTEO 0~ ROCK SW11E5, . OR OiMEN 51o ESSi wiEnuLS ,NFROVLO BT iHE Ci11' E~+CiNEEF. ANp THE CE~iEAUNF. ENiH DiKE5p5W11 uOi BE~ ~~~~EL ~L~Ricxi i.NttES i0 ~ is euam cHCCU ows. LE55 FiKwF ]~ j,5 qEOU RE~~ E ENCiNEEP ' x 10 ~o ~00 iEEi ' OVER i0xx 50 fEEt ~fl AS SnpWN Ox FLWS. 15 fEEf !. nffCR Ui0.RY5ixENG~E ~ME fl+[KFILLEO M!D pq4PK'IED~NE SNCGKEW O'vFR . ENCnES W11 BS uup SMGMRT O EVE~i C iHF~i0.ENCH MG CqqE NOpI- BE E ERMCi5~0oi0 Oc ~OR LROSS~ROW ~i ~~ F WENT ~t~iEM.45 M[qE ENCXES E i 0~' T~E Eui[A UNE Of A ~ cROwNEO SiFEEf. ' NA Cu1 ANp iiLL MFAS AS OISNF~EO ~ GFIDWC OvEMIpH SIMLL BE HYpROSEEOFll PEF CfMS SLIN6W0 SE . ~ ~EhS SwLL B~KE-i ~~(,Yt pF LwiH WiE0.V1 ui0 ~E6X~5, iNE . Sii~E S~iaLL~ 6C iuNF~ 50 0 ~ ~2E SEW4EM 4DEN RUNOff t0 ~WY ~ n Ru P/Jrv SYSiEU. - lRH NOpi VS TN EHOSION COUtROlS ME i0 9E 9LOLxE~ UNLC55 T E U OIiuHED~S UNDiS*URBED OR SIeBIIIZED. 9. AS SLOqM OPNN IYPqW(YENiS ME CONST2UCTED, I11 5lpUCNRES AND iNLEf PIP[5 SWL~ BE PROiECiEO fR04 INF'LqY F SI~i BY USiNG EfiOSION CONiROL MVSUPES ER EROSWN CONiAOI PUJ1 p[fNLt. ~ eo~rnr.e.oa swu w~rF ~oo~s,~c~u~AUCrrt, nNO uerc ws ro r ao,eoc uosiox ' SONiR~I uEASURE2 W.DE ME~vF55~RY CONSIAllCnON OPERAnOU HE JOB 1E BCSONE BEGNNirvC f EMi~On. 1. YN09nL5 S~~WL 9E SIOCKaiLEU ~pJ/LENi i0 F/.CX~POini 0~ USE M Supwry ON ~ N[ posipN C 0~ FLW, RFnpT t0 BE vUCEO 45iON wHEN i f FNN ~ OREGSi 5 WF OR CflG~ER, Oft WHEN MUO, SILi, EfC. NRICIPATEO. 5410fl~G5 MUSi BE ~ULL MPROVED YNOB/L WiENlLLS ME S~wD, OECOMPOSED GRAWiE, NIO/OA WUKL OF O1NEN VAlERt1L5 /,PPpq.Ep gy CRY ENGiNEER. ~ ~ 13. CoNSiP~CTON ENRVNCE ~O~N~SIiNG OFE6 TMiCK S-S cNR50M~iOp~N ~~p • i xCE K 50' BE n 5 NICtE ACCE55 P i EXISTNG vn~co sracns .x wcw~s s~rowuEOn cuNS [c oEwi av TM~s swcn. ~ o. ,ws rv~ u.r xm cav[rt .u ~c srtw,„pHp ~r rur ,wisc ourtiuc ~ LIDNS BE M E i0 E VN iN 1HE f~4~ SV&ECf i0 in MPFWK OG ME Cm FNCINEFft. E ~ iEMVORA41 STOC[PILES S~uLI BE vROTEttE~ W CONiOHUWCE vn . FECDUMENM~lONS Of BMP ~ ~900K-4FA5UqE wA1]. TM rvE Cw iE~i M EAI4 NER iNG Of S7MW WAiiLES OF . ' fl4.[5 ANO EP i vu5 C ~G 5~ . -A~EM-PROTECi W1TwTVEHiuEfEF F yTMW WAiLL(5 OF . . 5. E%iSnNC ~x1E15 SWROUNDWG SiqEEf TO BE PPOiECRO VniH CURB IHLFf SEOiuEM BMtFiEA. _ "-~...~. .....-e1AWl M.CEpS W~1S LO MirvE MElS p~F Bt1ilDIN ~CONSiRUC110N i0 I, i H iu fD SiPwW OR GMVEI i0 EKM NC OF MtlO. ~ *Cn v0 u Pq~NIION PIIN (SwPPp)~OA SIXIRENLO FASi, ~ O IuSLBEEN~PNFE-~.nEO B~ Itk v5p~N1E5. iE~ ~UHE`]. 30i0. ~OR ~ IpID Ovll 5 ~ LLC. iXE Sw v CIX,iNnS A CAPr O 1NE'HOME /101C350a21) flEO WrtH lHE SiAtE W~iER Ou.W1T CONiROL ' ~~~ ,A~ ~~11T~Tap 14PESPONSIBIE FOpqNEEPiNG A COM OF ME ~ I i µy NES /.~D IEYENi~HC rtS ONSIONS. iHE CONiR.~CiOq i5 ~R E LSURiNL iHAi I,LL iU9C~HpFACi0R5 tiv0 SUPRIENS ME AWME ~ Eni NE uEi3uR[5 uE . ~ D i ~ ~ ~ _ I ~ ~ ,/ I ~ _ I FE~EHENCE/NENSi0N5 MiF~ `/ ~ III ~ I ~ ~I v:~ ~n~ \ - a i.uc ~ ~ ~ r~n su rvemm~ ru B~ ° " - -~1 ==-___ _ -__~ ~ i _ - I/~ W wVR ~ B P~N r.c rrc ~nhw~lf 0.u)~ ~~ 50. ff~u~RO '~ ~~ `~ e u5 W. . aMWm~~ KMrii B]rtfY ~/~~ Ip t0.r~rt wa $ECPON A-A (~ v~ ~1 ~/~ ~M c4Wtt vn ib.~`v.~i SECTION B-0 ~~ OO ROCK RIP-RAP OUTFALL , ~1~~[ rtx ~..~ ~`y ~'~ wt inrs \ ~ \ SeCflaX B - P °°'~ °m°~ \ ~ ~ rcxrt~.„~ ~ aw"""GnW:sc~~nyk~~s y' \ ,~~°,` ` ¢~~.~/•; Zi t ~. ~ :R~~e-n~ - u \ y \ ` , ~~ e~~~ ~ P ~~ ~ r~.rwu. ~ I~ .i6W l~d --_I . ~.1 srviv ~w u _ Y.2S.tai . ~ _ w ~I~nurorW ~ ux ~ ~ w~~ ~ GRAVEL ' OFATfLES IN CONSTRUCTION ov. ax ew~a °~ ~'~ OPEN AREAS ENTRANCE EXIT B.tSiN NUNBEP --- 1 ..._..... 0 _. ~..,~ 5 ~ 5 8 ] 9 p i0P i0F RISER ]2.0 ]t.0 .0 ~0.0 b~.0 J6].5 6.5 3J3.0 31 1.0 S6B0 36 .~ ~ ]5.0 ]SB.O SB1.0 ]fi6.0 BOti04 EfEV ~fB.S 4p6.5 a01.5 61.0 ~ ~ fi.5 ~ ~ 6.5 , J55.5 580.5 Jfi3.5 RiSEH DN ~nn ou ig a 16' ic ~6 i0 ip' ie 16 ia ~g ~ v6 ~i ~S ie 16 i ~ e.~sin oni IN lfiGiH o• ep' 30• a 60' . zs~ 50' xs~ Sp~ } a 50' zs S0' ~ 60' .°'.i".~bw~o..~ _ r~u~n um~~ ~~ ~ _ ~ DROP INLET/ CURB INLET ~~M~~~`~q~ SEDIMENTBAHRf ~ ~ owr. ~"~°~8 w"°` ~ ;~.=~~. I bao t-(~ L x~..o u~~. w• ~ ( AATTI LES ALONG ucarv cu u~ ~rvuvn gr nECKEO iE SGIE pP1Y[CSLby~ C u0 J~ ~ELE4BFA i~, Z010 wOft N~NE -VFIR: NONE ~`$`; ~~~x '~* FlANSpPREPAREO UN~ER iHE OIRECTION OF: ~~C^YfY ~~SO~~S x~: ~;. . :~s - a rc.. ., n.~ ~ a nwiw~ra. u' r~x'irs ~yrAwin-o~~o ~E ,.za, Exhibit C Erosion Control Plan FLMS O[ES NJI 1m1M 1MC pMP/~~~p ~6W5911IY iCa WNNECIY.W [i vTM6. UWm6 pv WSSq~6 Wl MfilWK OI WNSiFL'CIIW tll 45tNl.~ipx LbIfR i0 w5vCC1bN R31 HO Kt£PCAKF. ~lY. ~`r'~I,~x I ~w"~' { ~w~m j ~. a Qe CONCENTRIC TRASH R CK ~ i ~-~K w ~°" I ~ ~ ~~ ~ ~ HGtl i I~ I ~R ~m wc EE 4,~~ ~ ~ _ -_ - ~p/,d~e~v ~~:1 Stn E W% ~3.5' (ttP) Q SEDIMENT BASIN (W/ SPILLWAYI N.T.S. CITY OF DUBLIN Bl1C WORNS OEPMRMEM BULK ORADINO PIAN - TqACT 7882 ER05ION CONTROL NOTES & DETAILS ~ SORRENTO EABT, DUBLIN RANCH 1939a-01 G-113 ` A ~ ~ ~ ~ ~ l7 _ 3~ . Exhibit D - Form of lrrevocable Offer of Dedication ~ c ~~ i 7 ~ RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use IRREVOCABLE OFFER TO DEDICATE (Sorrento East Neighborhood Park) This IRREVOCABLE OFFER TO DEDICATE is given pursuant to Government Code Section 7050 and the Agreement Regarding Proposed Park in Sorrento ~ East dated March , 2011. The undersigned, record owner of certain real property located in the City of Dublin ("City"), County of Alameda, hereby irrevocably offers to dedicate to City and its successors and assigns, in fee simple, the real property described in the legal description attached hereto as Exhibit A for public park purposes ("Park Property"). The undersigned, for itself, its successors and assigns hereby waives any claims for any and all damages which will accrue to the remaining property of the undersigned by reason of its severance from that portion subject to this offer to dedicate. The undersigned acknowledges for itself, its successors and assigns that it has been advised to seek the advice of counsel on the issue of waiver of severance damages and has either done so or chosen not to despite given such advice. The undersigned is fully aware that: 1. This offer is irrevocable upon its recordation in the office of the County Recorder, County of Alameda. 2. This offer may be accepted at any time by the City Council of City, or its designated representative. . 3. City assumes no liability with respect to the Park Property, or occurrences thereon, as a consequence of the offer set forth herein, unless and until it has formally accepted this offer. _ ~5 r~ ~ 4. This offer shall also be subject to a reservation by the undersigned to the right to construct and maintain certain utilities, including storm drain, sanitary sewer, water, joint trench or any other similar private utilities as depicted on Final Tract Map No. 7982 recorded in the official records of Alameda County on March 11, 2011, Series # 2011-79726, Map Book 309, Pages 38-43. 5.~ The undersigned represents and warrants that: a. To the best of its knowledge, without any duty to investigate, it owns the entire fee simple interest in the Property. b. As of the time that this offer is recorded, the Property is and will remain free and clear of any lien, encumbrance or other title impediment of any sort or nature, except for those to which City as expressly consented in writing; and c. This offer is made on behalf of the undersigned, for itself, its heirs, successors and assigns, and is intended to be fully binding on such heirs, successors and assigns. ~ a`~' IN WITNESS WHEREOF, the undersigned has executed this instrument this da of ~ ~ , 2011. OWNER: SR Structured Lot Options I LLC, a Delaware limited liability company By: Stark Offshore Management, LLC a Wisconsin limited liability company . its Manager ~` By: ~ _ Name: ,T~SC~oh ~ . -('r 1~,~ ,'cl(.i itS: ~~.~ uYr~e~ ~SiGl~c~rU J /~ ~ ~ ~ ' ~ ~` }- ~ Srr~ ~U ~ )e. O~c-j'' ~ ~ed r`c~-~-~e.. ~ . ~~ ~ ~ ~ STATE OF Wisconsin ) COLINT_Y OF _Milwaukee _~ On 1'i ~~~, o~L~)~ ', before me, ~~ (,~Q ~.~.{~fi{~~ ~- Notary Public, personally appeared ~~S-e~~t .~(a ~ i G,~ ~` personall known to me ( ce) to be the person(~whose name(~ is/ar.~-subscribed to the within instrument and acknowledged to me that he%;~--executed the same in his/~~ authorized capacity(~s~-and that by his/l~ei~ signature(~ on the instrument the person(~') or the entity upon behalf of which their person(s~ acted, executed the instrument. WITNESS my hand and official seal Signatiu-e SONYA MARTINEZ Notary Public State of Wisconsm (Seal) My Commission Expires; Januarv 12, 2014 . ~ l7 l ~ . ~6 E~ibit A . Legal Description - Parcel 8 of Final Tract Map No. 7982 recorded in the official records of Alameda County on March 11, 2011, Serie"s # 2011-79726, Map Book 309, Pages 38-43. 1623384.3