HomeMy WebLinkAbout4.12 Arroyo Vista Tr 7943~~ OF DU~
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STAFF REPORT C I T Y C L E R K
DUBLIN CITY COUNCIL File # ^~~~-~~
DATE: May 3, 2011
TO: ~ Honorable Mayor and City Councilmembers
~~ ~
FROM. ~ Joni Pattillo, City Manager
SUBJECT: Approval of Tract Improvement Agreement for Tract 7943, Arroyo Vista (KB
Homes),
Prepared By: Mark Lander, City Engineer
EXECUTIVE SUMMARY:
KB Homes, dba KB Arroyo Vista LLC, has purchased portions of Tract 7943, Arroyo Vista,
from Citation Homes, and has assumed responsibility for tract improvements that are currently
the obligation of Citation Homes. KB Homes has executed a tract improvement agreement and
posted security to guarantee completion of improvements associated with the tract, allowing
security previously posted by Citation Homes to be released.
FINANCIAL IMPACT:
Once these improvements are accepted, the City will incur maintenance costs for City-
maintained improvements within Tract 7943. Maintenance costs will be provided at the time of
improvement acceptance. The Homeowners' Association will be responsible for maintaining the
project-related landscape features within the public right-of-way.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving Tract Improvement
Agreement for Tract 7943, Arroyo Vista.
.~
~....,
ubmitted By
Public Works Director
Revi we By
Assistant City Manager
Page 1 of 2 ITEM NO. •~
~
DESCRIPTION:
,~
Citation Homes, dba Citation Homes Central, which owns a portion of Tract 7943 (Attachment
1), Arroyo Vista, entered into a Tract Improvement Agreement with the City on February 1,
2011, to complete public improvements associated with the development. Citation Homes has
sold its interests in Tract 7943 to KB Homes, dba KB Arroyo Vista LLC, and desires to transfer
to the buyer its obligations under the original Tract Improvement Agreement which is allowed by
the agreement.
Citation Homes originally provided a Performance Bond and a Labor and Materials Bond by
Bond Vintage Insurance, Inc., each in the amount of $3,866,000 (Bond No. S0012),for
completion of the tract improvements. KB Homes has provided Performance Bonds and Labor
and Materials Bonds each in the amounts of $3,866,000 for the tract improvements (Bond No.
SU1110292), issued by Arch Insurance Company.
With the approval of the Tract Improvement Agreement with KB Homes, the bonds provided by
Citation Homes for Tract 7943 can be released.
Staff is requesting that the City Council adopt the proposed resolution approving the Tract
Improvement Agreement for Tract 7943, Arroyo Vista (Attachment 2).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Copies of this report have been
provided to KB Homes.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7943
2. Resolution Approving Tract Improvement Agreement
for Tract 7943, Arroyo Vista together with Exhibit "A",
Agreement
G:\DEVELOPMENT, PRIVATEWrroyo Vista\Staff Report Arroyo Vista Improvement Agreement KB Homes 5-03-11.DOC
Page 2 of 2
TRACT N0. 7943
8E[NG A SUBDIVLS[ON OF APOATTON OP THAT CERTAIN PARC9.OF I,AND
GRANfED TO DUHLIN HOlI3ING AUTHORfi'Y IN DOCI1AfENTNO. 86-27I644,
OFPIQALRECORDSOFAI.AMCDACOUNTY
CffY OP DUBLIN, ALAMBDA COUNTY, CpLIF0RNG1
CARLSON, BARBEE & GIBSON, INC.
CNII.ENQII~EB&S SURV8YOR3 PLAHI~tS
~ 3ANRAtdON,CALII+ORNfA
DECEMBER 2010
OWNER'S STATEMENT
THE UNDERSIGNE~, HEREINAFTER REFERRED TO AS "OWNERS", 00 HEftEBY STATE 7HAT THEY
ARE THE OWNERS OF ALL THE LANDS DELINEA7ED AND EMBRACED N7THIN THE HEAVY BROKEN
l1NE W11H 1HREE ~ASHES UPON iHE HEREIN EMBODIED FlNAL MAP ENTITLED: ~1RACT 7943",
CONSISTING OF EIGHT ~8) SHEETS, THIS S7AiEMENT BEJNG UPON SHEET DNE (1) THEREOF;
AND CONSENTS TO TH PREPARATION AND FlUNG OF SAID MAP; THAT SAID IAAP
PARTICULARIY SETS FORTH AND DESCRIBES ALL OF THE PARCELS INTENUm FOR SALE BY
1HEIR NUMBER AND PREqSE'MD1H AND LENGIH; iHAT SAID MfAP PARTICULARLY SETS FORTH
AND DESCRIBES iHE PARCELS OF GROUND RESERVED FOR PUBLIC PURPOSES BY iHEIR
BOUNDAfilES, COUR5E5, AND EXTENT.
THE REAL PROPFRTY DESCRIBED BELOW IS DEDICATEO IN fEE FOR PUBLIC PURPOSES:
PARCELS A. B, AND C.
THE REAL PROPERN DESCRIBED BELOW IS DmICATED AS AN EASEMENT FOR PUBUC
~. ~ PURPOSES:
' 1) THE AREAS ~ESIGNATED AS STREET A, STREET B, STREET C, STREET D, STREET E,
PU9!1C 100P, AND DOUGHERTY ROAD.
2) THE AREAS MARKED "PUBLIC SERVICE EASEAIENT' (PSE) AS SHOWN UPON SAIU MAP
ARE HEREBY DEDICAiED TO THE PUBLIC. SAI~ EASEIdENT IS FOR THE PURPOSE OF
CONSTRUCTION AND MAINTENANCE OF UNDERGROUN~ UTILITIES, INCLUDING STREET LIGHTS
AND ALL APPUR7ENANCES TO THE STREET LIGHTS.
3) THE AREAS MARKED °STORM ORAIN EASEAIENT" (SDE) AS S416WN UPON SAID MAP ARE
HERE$Y DEDICATED TO THE PUBLIC. SAID EASEMENT IS FOR THE PURPOSE OF CONS7FiUC110N
AND MAINTENANCE STORM DRAIN FACILITIES.
4) THE AREAS DESIGNATED "SANITARY SEWER EASEAIENT' (SSE) ARE IRREVOCABIY
~ CffERED FOR DE~ICAl10N TO iHE DUBIJN SAN RAMON SER4ICES DIS7RICT (DSRSD), OR ITS
DESIGNEE IN GROSS, AS EASEMENTS FOR THE CONSTRUCTION, ~IAINTENANCE, USE, AND
OPERATION Of SANITARY SEWERS AND ALL NECESSARY APPURTENANCES THERETO, INCLUDING
CLEARING OF OBSTRUC~IONS AND VEGETATION AS NECESSARY, TOGETHER W1TH FULL PoCHTS
OF ACCESS 7HERETO. NO BUIIDING OR S1RUC7URE MAY BE PLACEO ~N SND EASEMENTS,
NOR SHALL ANYTHING BE DONE THEREON WHICN MAY INTERFERE'MTH DS25D'S Fl1LL
ENJOYMENT OF SAID EASEMENT. ACCEPTANCE OF SAID EASEAIENTS WILL 8E BY SEPARATE
INSIRUMENT SUBSEpUENT TO 7HE FILING OF 7HIS A1AP.
5) 1HE AREAS DESIGNATEO 'WATER L1NE EASEMENT" (WLE) ARE IRRE40CABLY OFFERED
_FOR DEDICA710N TO 7HE DUBLIN SAN RAM10N SERVICES DISTRICT (DSRSD), OR ITS DE9GNEE IN
~' S EASEMENTS FOR THE CONSTRUCiION, lAAINTENANCE, USE, AN~ OPERAiION OF
~.~1NES AND ALL NECESSARY APPURTENANCES THERETO, INCLUDING THE CIEARING
~~ iIONS AND VEGETATION AS NECESSARY, TOGETHER WiTH FULL RIGHTS OF ACCESS
~ II BUILDING OR STRUCNRE MAY BE PLACED ON SND EASEMENTS, NOR SHALL
~ OONE 1HEREON WHICH MAY WiERFERE WI7H DSRSO'S FULL ENJOYMENT OF SAI~
~ ICCEPTANCE OF SAID EASEMENTS WILL BE BY SEPARA7E INS7RUMENT
i TO THE FlLING OF THIS MAP.
~ REAS lAARKED °SIDEWALK EASQAENT" (SE) AS SHOYM UPON SAID IdAP ARE
ICAiED TO 7HE PUBLIC. SND EASEMENT IS FOR CONSTRUC110N, AND
~ E OF SIDEWALKS AND APPURTENANCES AND TO THE PUBLIC FOR THE
i PUBLIC ACCE55.
~~ REAS MARKED 'EMERGENCY VEHICLE ACCESS EASEMENT' (EVAE) AS SHOWN UPON
~ tE HEREBY ~FDICATED TO THE PU6LIC. SAID EASE~IENT IS FOR THE PURPOSE Of
~ ) EGRESS OF EMERGENCY VEHICLES. ~
T I50 HEREBY REUNOUISH THE ABUTTERS' RIGHTS OF pCCESS IN AND TO THE LOTS
D DW GHERTY ROAD IN THOSE AREAS MARKED BY THE SYMBIX. ]J]j/J].
ZJ w~~
T '
~ ,
THIS MAP 510WS ALL EASEMENTS ON 7HE PREMISES OF RECOR~ AS DISCLOSED IN THE
PRELIMINARY TITLE REPORT PREPARED BY FIRST AMERICAN 71TLE COMPANY, OF2DER NUMBER
0131-617782ALA, AND DATED OCTOBER 1, 2010.
IN WITNESS WHEREOF, THE UNDERSIGNED HAVE EXEW TED THIS STATEMENT ON THE DAY
OF 20~
DUBLIN HOUSING AUTHORITY, A PUBLIC BODY CORPORAIE k POLITIC.
BY: CITY OF DUBLIN, A PUBLIC BODY
ITS:
OWNER'S ACKNOWLEDGMENT
STATE OF SS
CWNTY OF
ON , 20~ BEFORE ME
A NOTARY PUBLIC, PFRSONALLY:APPEARm , WHO
PROVED TO ME ON THE BASIS OF SAl1SFACTORY EIADENCE TO BE THE PERSON(S) WriOSE
NAME(S) IS/ARE SUBSCRIBED TO 7HE H7THIN INSIRUMENT, AND Aq(NOWLEDGED TO ME
THAT HE/SHE/THEY EXECUTED THE SAME IN
HIS/HER/THEIR AUTHORIZED CAPAqTY(IES), AND BY HIS/HER/THEIR SIGNANRE(S) ON THE
INS7RUMENT, 1HE PERSON(S), OR 1HE ENTITY UPON BEHAIF OF WHICH
TNE PERSON(S) ACTEO, EXECUiED THE INS1itUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER 1HE LAWS OF 1HE STAiE OF
CALIFORNIA 7HAT THE~FOREGOING PARAGRAPH IS TRUE AND CORRECT.
W17NESS MY HAND:
SIGNAIURE:
NAME (PRINn:
PRINCIPAL COUNiY OF BUSINE55:
MY COMMISSION NUMBER:
MY COMMISSION EXPIRES:
CLERK OF Tf~ BOARD OF SUPERVISOR'S STATEMENT
I, CRYSTAL K. HISHI~A, CLERK OF THE BOARD OF SUPERVISORS OF'ME COUNTY OF
ALAMEDA, STATE OF CAUFORNIA, DO HEREBY STAlE, AS CHECKED BELOW, 7HAT:
^ AN APPROVED BOND HAS BEEN FlLED N7TH 7HE SUPERVISORS OF SAID CWNTY AND
STATE IN 7HE AMOUNT OF S CONDi110NFD FOR THE PAYEIENT OF ALL
TAXES AND SPEGYAL ASSESSMENTS COLLECTED AS TAJfES, WHICH ARE NOW A LIEN
AGAINST SAID LAN~ OR ANY PART THEREOF BUT NOT YET PAYABLE, AND WAS DULY
APPROVED BY SAID BOARD IN SAID pMOUNT.
O ALL TAXES AND SPECIAL ASSESSMENTS COU.ECTED AS TAXES HAVE BEEN PAID AS
CERIIFlED BY 7HE TREASURE-TA% COLLECTOR OF THE COUNTY OF ALAMFDA
IN 'MTNESS WHERE~, I HAVE HEREUNTO SET MY HAND THIS
DAY OF ,20~
CRYSTAL K. HISHIDA
CLERK OF THE BOARD OF SUPERNSIXtS
COUNTY OF ALAMFDA
STATE OF CALIFORNIA
BY:
DEPUTY COUNN CLERK
FILED FOR RECORD THIS _ DAY OF 20_ AT -M., IN BOOK _
OF lAAPS AT PAGES AT THE REOUEST OF FlRST AIAERICAN TIiLE
COMPANY.
FEE:$_PD. SERIESNO. .
PATRICK 0'CONNELL
CIX1NN RECORDER IN AND FOR THE COUNTY OF
ALAMEDq STATE OF CALIFORNIA
BY:
OEPUTY CLERK
~ SHEET 1 OF 8
`
VICINIT'1' MAP
NOT TO SCAIE
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER NY ~IREC110N AND IS BASED UPON A
FIELD SURVEY IN CANFORMANCE WI7H THE RE~UIREMENTS OF TNE SUBDIwSION MAP
ACT AND LOCAL ORDINANCE A7 THE REOIIEST OF EDEN HOUSING, L.P., IN JUNE 2010;
THA7 THIS FlNAL MAP SUBSTANAALLY CANFORMS TO 1NE CONDf110NALLY APPROVED
TENTATIVE AIAP; THAT THIS SURVEY IS iRUE AND COMPLETE AS SHOWN; THAT ALL
THE MONUMENTS K7LL BE OF iHE CHARACTER SHOWN AND OCCUPY TNE POSI710NS
INDICATED PRIOR TO THE ACCEPTANCE OF THE IMPROVE~IENTS, AND THAT 1HEY ARE
SUFFlCIENT TO ENABLE 7HE SURVEY TO BE RE7RACm; AND 7HAT THE GRO55 AREA
WITHIN THE TRACT IS 24.13 ACRES, MORE OR LESS.
DATE: ,20_
CHRISTOPHER S HARMISON, L.S. 7176
L5. EXPIRES 12/31/11
,~5, iu~o
~~OC~`~ S Ki.w`~^~
1'[ ~ 7118 ~~ {r
~ o~e. tz/n/n ~
!
~ r~~ 0{' ~Al\F~
CITY ENGINEER'S STATEMENT
I HEREBY STATE 'iHA1 I HA~E EXAMINED THIS F~AP ENTI7LED "TRACT 7943' ANO
THAT THE SUBDINSIDN AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT
APPEARED ON THE TENTAlIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, THAT
ALL PROVISIONS OF STAiE LAW AND LOCAL ORDINANCES APPLICA6LE AT THE TIlAE
Of APPROVAL OF 7HE TENTATIVE MAP HAVE BEEN COMPtJED W1TN. ~
oah: ,zo_
MARK J. LANDFR, qtt ENqNEER
R.C.E. N0. 34953
EXPIRES: SEP7EMBER 30, 2011
ACTING ASSISTANT CITY ENGINEER'S STATEMENT
I HEREBY STAIE 1HAT I NAVE EXAlAINED THIS FlNAL MAP ENiIRED °iFiACT 7943'
AND I AM SATISFIED THAT iH15 MAP IS TECHNICALLY CORRECT.
DAlE: ,20_
PAUL C. NRUGER, ASSISTANT CITY ENGINEER
R.C.E. N0. 30587
EXPIRES: MARCH 31. 2012
TRACT N0. 7943
BP,IN(l A SUBDMSION OF APORTION OF 14IAT CERTAA7 PARCD, OF LAND
(}RAMED TO DUBLIN HOUSING A[PIHORITY Qd DOCOMINf N0. 8fi-277b44,
OAFICIAI.RECORDS OP ALAbQ.'DA COUN7Y
CffY OF DUBLIN, ALAh1CDA COUNfY, CAIArORNIA
CARLSON, BARBEE & GIBSON, INC.
CNII.fiNGINE6ItS SURVEYORS PLANNERS
SANRAMON, C..ALIFORNfA
D@CEAIBER 2010
STATEMENT OF SOILS REPORT
A SOIL ANO GEOIECHNICAL INVESTIGAlION AND REPORT DATED AUGUST 6, 2007 WAS
PREPARED BY lERRASEARCH INC., PROJECT N0. 71557.G AND FlLED WITH THE CIN OF
DUBLIN, CALIFOfiNIA.
CITY PLANNING MANAGER`S STATEMENT
THIS AIAP CONFORMS TO THE TENTAiIVE MAP AND CORRESPONDING CONDITIONS AS
APPROVED BY THE PLANNING COMMISSION. 1HI5 MAP HAS BEEN REVIEWED BY ME
AND THE CONDIiIONS OF APPROVAL HAVE BEEN SAlISKIED.
DATE: ,20_
JEFfERY BAKER
CIiY PLANNING A7ANAGER
CITY CLERK'S STATEMENT
I, CAROLJNE SOTO, CITY CLERK OF 7HE COUNCIL OF THE CITY OF DUBLIN, COUNIY OF
ALAMEDA, STAIE OF CALIFORNIA, DO HEREBY STATE 7HAT iHE NFREIN EIABODIED
FINAL ldAP ENTI7LED "1RACT 7943", CONSISTED OF OGHT (8) SHEETS, THIS STATEMENT
B~NG UPON SHEET 1W0 (2) 7HEREOF, WAS PRESENTED TO SAID CWNGL AS PROHDED
BY LAW AT A MEEIING HELD ON THE DAY OF 20~
RESOLU710N N0. AND 1HAT SAID COUNpL DID 1HEREUPON APPROVE
SAID k1AP ANO DID ACCEPT, SUBJECT TO IMPROYEMENTS. ON BEHALF OF THE PUBLIC,
STREEf A, STREET B, S7FtEET C, STREET D, SiREET E, PUBLIC 100P, DOUGHERTY ROAO,
PUBUC SERNCE EASEMENT (PSE), STORM DRAIN EA~MENi (SDE), SIDEWALK EASQAFNT
(SE), AND EAIERGQJCY VEHICLE ACCESS EASEIAENT (EVAE), AND DID ACCEPT IN FEE
PARCELS A. B, ANO C.
I FURIHER STAIE THAT ALl AGREEAIENTS AND SURETY AS REWIRm 8Y lAW TO
ACCOMPANY 7NE VNTHIN FlNAL MAP HA~E BEEN APPROVED BY 7HE CIiY COUNCIL OF
THE CITY OF DUBLIN AND ARE FlLED IN MY OFFICE.
IN YAiNESS WHEREOF, I HAVE HEREUNTO SET MY HAND 1HI5
DAY OF ,20~ .
CAROLINE SOTO, GTY CLERK AND CLERK OF 1HE
CAUNCII OF THE CITY OF ~UBLIN, COUNIY OF
ALAMEDA, STATE OF CALIFORNIA
1417-20 SNEET 2 OF 8
LEGEND
- - - SUB~INSION BDUNDMY
LO7 l1NE
--------- ---- EASENENT LJNE
- - - - kONUMENT LINE
----- -- cEw~u~
(n TOTAL
(ft) R}DIAL
( ) RECORU OATp
(Y-M) NONUNENT TO MONU4~Ni
(Il-CL) MONUNENT TO CEN7ERlINE
• FOUND RA0.ROAD SPIKE PER 190 M 50
O ~SET STANDARD S7REET NONUMENT
0 FOUND STPNDARD S7REET MONUMENT
AS NOTED
~ FOUND NONUMENT WEII. NO DISK
• FOUND NONUMENT AS NOIED
PSE FUBLIC SERNCE EASQIENT
SDE S70RN DRAM EASEMENT
SSE SpNITMY SEYkR EASEMENT
YSE WATER I1NE EASENENT
EVAE EAIERGENCY YEHICIF ACCESS EASEMENT
SE SIDEWAfH EASENfHT
RELINOUISfqIENT OF ABUTIER'S PoCHTS
O SHFET NUN6Qt
~ ~ ~ SHEET BOt1NDMY .
BASIS OF BEARING3:
THE BA95 OF BEARINGS OF 1HI5 SUR4EY IS BE7{LEEN FWNU MONUNEN7S Pl 7NE
CEN7ERt1NE OF AAIAOOR VALLEY BWIEYARD 4i0WN HEREON. 1HE BEAPoNG 9EWG
NORiH 55'09'S4~ EAST PQi AMQJ~m NAP OF 1RACT 4950 (1~8 M 75). hlE
BEARWGS ARE BASED ON CNJF~2NIA COORDWATE SYS7EN ZONE 3(NAD 192».
/~~ ---
i
I
i
.' / LoTi
/
PM 7306
260 PM 17
Q
~
LOTS ~
TRACT N0. 7943
BEWG A SUBDIVLSION OP A PORTION OF THAT CFRTAIN PARCO, OF LAND
GRANfED 1Y1 DUBLINHOUS~G AUfHORITY IN DOCOMQJ'[N0. 86•277644,
OFFICGV.RSCORDSOFALhhff:DAC0i1NTY ~
GTfY OF DUBI.IN, ALAMEDA COUNIY, Ch1.~ORNL1
CARLSON, BARBEE & GIBSON, INC.
CIVII,ENGIIVVEEERS SURVEYORS PLANNERS
SANRAMON,CALiFORNIA ~
~ SCALL':l"-lOV DECEMIDER20I0
PARCEL A
7RAGT 5883
190 M 50 LOT 3
7RAG7 6860
~~ 218 M 36
' ```~~~
A1AM0 CR~EK r
/
ACFCdcWCD
~
2003-698997 O.R. ~ ~ U
~ ~` ~__ ~
}~-~ r LOTS
a~ )
~~~ ~
`
LOT 7
PUBLIC
o ~~
ti
0
~ ~ g~
l OO O6 LOT6 ' PARCEL
. '
.
/ STREET A
a
~ F w
i LOT2 ~ LOT3 LOT4 ~ LOT9
.
- --- ~J--
DOUGHE1tTY ROAD
DOUGHEItTY ROAD
iai~-2o
INDEX SHEET
LOT 10
n
~, ~
AIAMO CREEK ~
PARCEL A ~
7Racr saea /
19o M 50 i
~
~ ~ACPCkWCp 2o
oa-esas I
1 ~ 97 O
R
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~/ v°, ~ v
N
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~
i ~~~
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LOT 12 I
1
i
s~sr e O8
~
m
LOT 14 ~ LOT 13 I
~
~
---
DOUGHQtTY ROAD
SHEET 3 OF 8
~
~
~~~ T~
ND RAONS DELTA IFNGTH
CI 155.00' 54'S5'45' tIfl60' (8)
C2 33.50' 61'45'50' J6.11' (e)
C3 50.00' 41'IJY4' 35.87' (B)
C4 5200' 34'56'41' 31.71' (7)
C5 75.00' &1V0'36' S0.71' (~
C6 ~00.00' 2371'S9' 121.47' (7)
C7 80.00' 40'29'S0' 4241'
C9 35.00' 08'0995' 4.90'
C9 100.00' 18'J7'13' 29.01'
'w ~z2.io~(~)(e)
sri4•~(~)cs)
i7a.er~pgna~3zbt neenlfe)
19&DO~XIXSBB5Y14'E 196.00'K9J .
L20 N1977YB"W 113.13' (3)(4)(NI9'2714'W 21135H1) (NI9'2YJ6'1'~(2) (N1B27'14'W)(9)
L21 N49'23'S6'W 155.48' (3)(4)(7xN49'2714'W 155.1U~(1)(9)
L42 NOB'49'S8'E 2~178' (3X4)(7)(NOB'4Y46'E 244.20'xl)(9)
L2D N2294'13'E 159.J4' (3)(4)(7)(N2292'46~E 158.4D')(1)(9) PM 7306
L24 N45'0.7'O6"E 11223' (3)(4)(7)(N45'02'46'E 112.23')(1) 260 PM 17
L25 N88tl6'21'W 33.07' (3)(4)(»
EnsFUCt+T Fat iucrsESS uao
/, FOUND I.e' IN FAVOR OF AUME~A COUNT
WNiRpL AND WA7ER CONSE
."~ ~~~ /a UI NR8E0(3)(4) DI57HICT PER 2001-69d
~°~'~ N~~~~SE ~~ ~ ~ N00'2T10'E 145.OY(e~ ~ ~'
S,
'
FON PIP
~1~
9'S.~p4~ OPEN(3)(4) 1by~ ' ~
FOUND 5 B' fffBAfi
NO CAP 3 4
4~fi, ~ N5730'4 W
29
0 \ I
FOI1N0 1.5~ IflON PIPE ~
OPEN 3 4 ~\ ~
~
N
.
~J4y,T~- N70'48'1D'W
p,~
'v12~1 '~\ I gz
D '~a~, B 3
~ NOB'49'Sg•E y ~
NOT TO SCAIE
DETAII, C 0.1Y
tt OF DUBLIN I !~
~;~
NOT TO SCALE M~~ N
ITy a~
1 ~ ~
~
~o~aso' ~ (
~
~ ~a
~
~~ ~ ~
o~
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PARCEL A /~ ~1
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~
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~ 7RACf 5803 ~,
190 M 50
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~ LQY 3
~ 7RACr 686
~B 219 M 36
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~ DETAIL D
NOT TO SCAIE
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i EASEI.IEWT ^ ^ „` \cS~'~ FOUN~ R
FCE 2811
TR.ACT N0. 7943
BEAIO A S08DMSION OF A PORT[ON OP THAT CERTAA] PARCEL OF LAND
GRANfEO TO DUBLIN HOUSQ.GAiI1HORTIY M M1CUl~NT N0.862776A4,
OFFICfALRECORDSOFALAM~ACOUN'1'Y ~
CRY OP DUBLIN. ALAMFDA COON7Y, CALIPORNIA
CARLSON, BARBEE & GIBSON, INC.
CIVII.ENGA'EERS SURVEYORS PLANNERS
SAN RAMON, CALQ+ORNG1
SCALB:I'S100' DECIIvIDER2010
rauno an ov oueuw
REFERENCES uorawaT a 4
•
y
(d) ~NDICAlES REFERENCE Nt1MBFR.
(1) AYENOED 7RACi 4950 (148 Y 75)
(2J TRACT 5511 (i&S M 18)
\~sr
>
~fi ~
a
'
(3) TRACT 5883 (190 M 50)
(4) PARCEL NM 6860 (218 PI/ 36) o
~3•~ ~
rj~ a
~~
(5) TRAC7 7181 (261 M 79)
(8) PARCEL lIM 715! (24S PN 58) y
G
~~~ m~
y!
'o & i
(~) o¢o (sooa-sese~~ o.R.)
-~ \
~ ~ s~
(B) PARCEL MM 7J08 (280 PM 1~
(9) ~fED (86-277644 O
R
) ~ ~ p ~~
.
.
(io) o~o (ei-sasa o.n.) ~.o ,'p~311 ~
i ~ ~
(11) ~EED (83-237916 O.R.) ~
'J o
(12) ANFNDEU RECOqO OF SUR4EY
NS 2805 (126 RS 41) 34.94
~
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DETAILE p~3r~t~~
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AlAMO CR EEK ~7.~ ~
PARCEL
~~ 7RACY 58
._ 19D M 5 A
83 `'5~'6BOkI `J
0 0, ll~l~9j~ 156.56'
N` 0 ~ ~ ~ _. L _ ~ ` y ` ~. "' ~ ,-~..,.-r V
•( OETNL C
,J' ~`p' ~~ ~~ /n~ '~~N~.. T~~J~~ `' ~2 ~
85"1<'~
~ I ~ ~ EASEIAENT FOR INpiESS AND EGRE55 E 20p3- m
DETAII, A ~~ ~ ~ I I~ ~ I `~~ M FAVOR OF ALWFDA COUNIY FLOOD ~ ~ ~'~O~l~ ~ t69H99] O.R ~
NOT TO SCAIE /~ . I l I~ ~ I ~ ~ CON7ROL AND WAIER CON3RVA710N DISIRICT I ~ '-N~'~B'28'E 257.21' j
`~j' ~i I ' ~~ ~fi i I PER 2003-fi98998 O.R. ~ I I - /% ~ )~~~\~~s%
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~~ ~ iHE BA95 OF BEARINCS OF THIS SUR4EY IS BEIWEEN FOUND MONUMEN75 IN 7FIE ~) SUBdECT 70 iHE iERMS AND CONDI110N5 IN iHE NQAORMIDIIAI Of EASE3IENT W FAVOR OF I I FAVOR OF PG&E AND PAqFlC
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wo,7a'oz•e 2oes.2r
(2aB5.1B')(6)(YOM111fNT 71E Ai 9ERRA LANE TO 60L ~~~~ SUBOMSION BOUNDMY (R) RAOIA~ O FOUND STAN~APD SiHEET YONUA~NT ~ SA~TARY SESYFA EASEMENT
l0T LINE () RECOpO DATA AS NOIED WLE WATER LNE EASEMENT
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. --^- 110NUNENT UNE (N-Cl) NOMA~ffNT TO CENTQdWE ~ FWND NONUNFNT AS NOTED SE 9DEW/11( EASDIENT
------- CEN7FR L1NE ~ FWN~ RAILROM ~IIQ PER I90 11 5U P~ PUBUC SERNCE EASElAFNT REIdJWI5X14NT OF ABUTIER'S RIGHTS
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BEAFPIGS ARE BAgD ON CALIFORNU COORDINATE SYS7EA1 ZONE 7(NAD 192~.
LEGEND
~ ~ ~ SUBDIVISION BWNOARY
LOT LJNE
_________ ____ E/SEGENTLINE ~
- - - - 110NU41ENT LWE
- - -' - - - - CEl17ER IJNE
(1) TOTAL
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( ) RECORO DATA
(N-N) MONUl1ENT TO YONUIIENT
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EVAE EEIERGENCY YEHICIE ACCE55 EASEIAEHT
sE s~oewwc usEUwT
f~LiNOUiSHMENT OF ABU7iEN~5 RIGHTS
TR.ACT N0. 7943
BEING A 3UBDIVLSION OF A PORT[ON OF 7'fIAT CPRTAIN PARCEf.OF LAND
~RANfED TO DUBLIN HOUSAI4 AUTHORiTY A] DOCUMBNTNO. 86•717644,
OFFIQAL RECORDS OF ALAh1BDA COUNTY
C17'YOF DUBLIN, ALAivffiDA COUNIY, CAI,IFO&NN
CARLSON, BARBEE & GIBSON, INC.
CIVD.ENOIl~ERS SURVEYORS PLANNERS
SAN RAMON, CALiFORNLI
SCAL8:1•=5Q DEC~rIDIIt2010
1417-20
SHEET 5 OF 8
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BASIS OF BEARINGS:
iHE BA515 OF BEMAlGS OF THIS SURVEY IS BETWEEN FWND MONUMQJTS IN THE
CENiERUNE OF AAIAOOR YALIEY BOUIEYARO SHOWN HQiEON. 1HE BE11tING BONG
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LEGEND
- - - SUBqN90N BOUN~MY
L0T l1NE
------------- EASENFNT IJNE
- - - - NaNI1NENT UNE
- - - - (FN1ER t1NE
(n lOTAL
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( ) FECa2D DATA
(M-N) MONUAIENT N NONUWENT
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• ~ FOUND RARROAD SPII~ PER 190 M 50
~ ~ SET STNNMD 51HEET MONUMENT
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TRACT N0. 7943
Hffid0 A 3UBDM3ION OF A PORTION OF THAT C~tTAIN PAACBL OP I.AND
GRANT~ TO DUBGIN H0f191NG AU7HORfl'1' IN DOC[IM1~NTNO. 86277644,
OFFICIAL RBCOADS OFALAMEDA COUNTY
C1TY OF DOBLIN, ALM~DA COONfY, CALIPORMA
CARLSON, BARBEE & GIBSON, INC.
CNII, HN(~II.+BRS SIJRVEYORS PLANNERS
SAN RAMON, CALIFORNLI
~eTn, 1"iU' DECEMBER2010
1417-20 SHEET 6
417-20
3 PARCEL A LO7 3
i gi~ 7RACT 5883 7RAC7 6860
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LEGEND
~ ~ - $UBDIN90N BWt1~ARY
LOTLINE
'________ -___
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WR VE TABLE CUR VE TABLE WR 4E TABLE
N~. RADIUS DELiA lFMG1N N0. RMIUS DEITA IENGIH Na. RADWS ~LTA IENGiH
q 44.50~ OB'S3'Ifi' S.78' q7 12&00' 19Z9'10' 43.57' C3J 13.00' BD'OB'04' 19.18'
C2 49.50' 20'5771" 24.95' C18 44.00' S350'~4" 41.35 C31 95.OD~ 74'25'27" 12Ai0'
C3 94.50~ 1657'J4' 27.9Y C19 20.00' 18'48~2~~ 5.87' C35 95.00' SY46'31' 87.50~
C4 13250~ 18'18'57' 4274' C20 40.00' S9'24'55' 20.39' C38 5200' J436'41' J1.71~
CS B&50~ 79RB'1~' 30.10' C41 20.00~ B6S0'17' 30.&9' C37 35.00~ 8d'00'JB' 50.71'
CB 101.00' 19R9'1a' 34.35' C71 162.00' 152Y5Y /3.94' C78 300.00' 23~1'59' 121.4Y
C7 115.00~ 18'28'57' i6.7Y C23 314.00' 14~9'S8' 79.86' C39 285.00' Oi~9'1B' 21.50'
CB 107.00' 165Y34' dt.fi7' C24 4B&00' 1439'58' 73.77 GO ~.~~ 90U0'00' 6.28~
CB 62~7 339499' J7.95' C25 B&Od 32'IB"~ 5Q35' C41 10.50' 7170'51' 24.23'
~ C10 114.00' 1B74'47' J6.9Y C26 112.00~ J6'47'OY 71.91' C42 4.00' 108'49'09' 7.60~
F C11 134.00' 25'05~24' S&68~ C27 107.00~ 2595'2B" ~6.06~ Gl3 174.00' ~07'42'07' 1&01'
W C12 172W~ 18'28'5Y 50.18' CPB 87.00' 2836'25 40.91' C44 1J4AU' 10'41'49' 25.02'
y q3 128.00~ 0432~2Y 1Q14' M9 74.50~ 28'56'25" J5.03' C45 134.OD' 06'41'd2' 1565'
q4 1500' 813998' 21.S1' CJO 94.50' TS'OS'28' 41.38' C48 20.00' 3T44'74' 13.17'
W C15 500.00~ 0411'1B' 21.93' C31 1J4.00' ?5'05'28' S8.68~ C47 12600' 14'S6'4Y 73.79'
W ~C18I 20.00~ IBO'00~00'I 31.47 I I~2I114.00'I17'D4'29'I 33.97
N
~ TRACT N0. 7943 i
~ ~ BBING A SUHDIVLSION OF APORT[ON OF THAT CERTAIIJ PARCEL OF LAND I
Q GRANTED'fODI1BLINH0USINGAU!'HORITYINmCOMENTH0.8627i644, _ ~
~ OFFIQAL RECORDS OFAiJ~v1FDA COUNTY '
CR'YOFDUBLIN.ALAId~ACOUNTY~CAI.IFORNW ,~ :
CARLSON, BARBEE & GIBSON, INC.
C7W.ffidGIIiEEItS SURVBYORS PLINNERS
~ SANRAMON,CALIFORMA
SCAL&:I'=50' DECEhh10ER2010 ~ _ ~
_ DOUGHERTY ROAD ~~
SHEET 7 OF 6
~ ~ ~
LO7 8
~
W
W
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ND173'02'E 181.01'(T1
_-_ __ __ __~_________
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~ _. ~
LO7 i o .`~~
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DOUGHERTY ROAD
~ 1 - '
1417-20
-PARCEL C
0.1B ACt .
~ASQdENT FOR INGRE55 AND EGRESS
IN FAVOR OF ALAMmA COUNtt F100D
CONIROL AND WATER CONSERVA710N
DISTRICT P~A 2007-898999 O.R.
ALAMo R~~K ~ !
c~ PARC L A ,~~~
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~s "~~~ 190 M 50 r~4.~,206~
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R'.~- __J__________________ 520.27(LOTIINEL _ 1 ~ -~-J _ __~ ~__1-_____~
297.84 ~ -' `41.75 ~ 44.i.T ~ - ~ 91J5 ~ WS
_ _ _NOi'13'02'E 727.02' 459.96' 71E_1f) ST~'F'T B _ ~ _ _ ' 210.84'(M-_~_ _ _
LOT 14
1A4 ACt
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~B 30.00' 70.00'
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~ ~ $ ~
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~ PUBIIC U1ILITY EA541ENT
IN FAWR OF PACIFlC
9ELL PER 9T-158M8 O.P.
~
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i ,oaa•~2 i i i ;;
DOUGHERTY ROAD
_ N01'13'02'E 78A08' Y-M) _
N0173'02'E 2515.83'(90LT TO CFNIERIJNE)
BA95 OF BEPAWGS
t~ ~ f
N~ ~~ I
DOUGHEItTY ROAD ~
_ 28275'
N0173'OYE 70&~H-T-
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BASIS OF BEARINGS:
iXE BA95 OF BEARINCS OF THIS SURVEY IS BEIIVEEH FWN~ AIONUHENTS M 1NE
CEN7E%1NE OF ANRDOR VALIEY BWIEYARD SNOWN HEREON, iHE BEARING BEWG
NOR7H 55'OB'S4' EAST PER AIlENOm MAP Oi' TRACT 4850 (1/8 N 75). THE
BEARINGS ARE BASED ON CAlIFORWA COOf~WAIE SYS7FJl ZONE 3(NAD 1927~
LEGEND
~ - ~ W6DINSION BOUNDMY
_____________ ASEMENTLINE
- - - - NONUYFHT IINE
_ _ - _ - _ - CE!llE7t LUIE
(T) TO7h~
(N) RADIAL ~
( ) RECORD DATA
(N-Y) YONIAAENT TO YONUMENT
(N-CL) MONUAffNT TO CENTEAIElE
• FOUND PAllAOAD ~G(E PER 190 M 50
~ SET SfANDARD S7HFET YONUAIENT
0 FWND STANDNtD STREEf NONUNFNT
AS NO7ED
kY FWND IIWVUNENT fOELL, NO DISK
• FWNO 110NtINENT AS NOIED
PSE PUBl1C ffRNCE EASEIffNT
~E STORN DRAW EAffNEM
SSE SNJITMY SENER EASENENT
NLE WATfR l1NE EASEMFNT
EVAE E7AERGENCY VEHICtE ACCESS EASEIIENT
SE SmEWALN EAg11ENT
Ll~~~~~~~ RELIN~UI9iMENT OF ABUTiFA'S RH#175
WRYE TABLE UNE V,BtE
N0. RMIUS OELTA LEN61H N0. BEARWG LENG7H
Ct 5200~ 34'58~41' 31.71' l6 N60'1756"W 25J0'
C2 35.00' BS'00'~8' S0.71' U NAB'~6~58'W 25.68'
C3 J00.00' 23'i1'S8" 121.47' LB N88'IB'SB~W 73.64'
C4 285.00' 0478'18' 21.50' L9 N0/13'02'E 1&83'
CS 285.00' 7952'41' 9190' L10 N67'S5'26'E R SS.OD'
CB 300.00' 19'OU4Y 99.54' Lfl N54'00'79' R 73.00'
C7 211.00' 13'27'SY 49.59' L12 N~,l'46'5B"W 2J.44, .
CB 23.00' J4'J6~19' 13.96' L1d N46'13'02'E 21.72'
C9 33.OD' 23697'S5" 137.15' LI4 N18RS'43'W 1&28'
CIO 3J.00' 112'0834' 84.SB' l15 N13'~6'6B'W 21.77
Cfl 33.00' 125'S9'21' 7258' L16 NI6YS02'E 16.37
C1Z 28.00' 23R1'38' 11.47 L17 N75'IS'P2'W 4.14'
q3 ~110.W aCtt'18' 21.93' L76 N5{•4Ti8'W 83.55
L19 Po4'47'4B'W fl.05'
L20 N42~3'48'E SO6'
UNE TABIE L2/ N47R6~1YW 7.9P
N0. BEAflWG LFNGIH 122 NI4'4Y48'W 4J.15'
Li N98'33'28'E R iS.Od L23 NB9'49'58'W 71.52'
L2 N4233'4B'E 19.IC
Li N7JD5'02'E 9.T/'
Li N42'33'i8'E 39.H8'
l5 N47'28'12hY 15.04~
TRACT N0. 7943
B~IQ A SUBDMSION OF A POR170N OP 1HATCEItTAA1 PARCEL OF LAND
QRAN7ED TO DUBLIN HOIISINGAVIHOR]TY INDOCOAffiiT N0. 86271644,
OFFICW. RECOR-S OF ALAh~A COl1N7'Y
QTY OFDUBLIN.ALAbffiDA COUNTY, CAI,IPORNLI
CARLSON, BARBEE & GIBSON, INC.
CNII,EN6R~FRS 3URVHYORS PLANNER9 '
9AA]
~
RAMON, CA[,Q~ORNIA I ^
SCALE:1"~50' DECCAfBER1A10 9~ ti
9.,
SHEET 8 OF S ~~~~~
~ '~"X ~
.~
RESOLUTION NO. - 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*******,~*
APPROVING TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7943, ARROYO VISTA
WHEREAS, the CITY and Citation Homes, dba Citation Homes Central, owner of
portions of Tract No. 7943, entered into a Tract Improvement Agreement on February 1, 2011
("the Original Improvement Agreement"), to complete those public improvements (hereinafter
"The Improvements") required by City of Dublin Planning Commission Resolution No. 09-15
adopted on April 28, 2009, in accordance with the requirements and conditions set forth in
said resolution; and
WHEREAS, KB Homes, dba KB Arroyo Vista LLC, has acquired from Citation Homes
its' interests in Tract 7943, and Citation Homes desires to transfer to KB Homes its obligations
under the Original Improvement Agreement; and
WHEREAS, KB Homes has executed and filed with the City of Dublin a Tract
lmprovement Agreement for Tract 7943 to construct required subdivision improvements in
accordance with the Conditions of Approval for the Tentative Map, and with the improvement
plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Arch
Insurance Company. in the amount of $3,866,000 for the tract civil improvements (Bond No.
SU1110292), conditioned upon faithful perFormance of said Agreement; and
WHEREAS, said Tract {mprovement Agreement is secured by bonds furnished by Arch
Insurance Company in the amount of $3,866,000 for the tract civil improvements (Bond No.
SU1110292), conditioned upon payment for labor perFormed or material furnished under the
terms of said Agreement; and
NOW, THEREFORE, BE IT RESOLVED that:
1. Said Agreement is hereby approved; and
2. The Performance Bond issued by Arch Insurance Company in the amount of
$3,866,000 for the civil in-tract improvements (Bond No. SU1110292) be accepted
as security; and
3. The Labor and Materials Bond issued by Arch Insurance Company in the amount
of $3,866,000 for the civil in-tract improvements (Bond No. SU1110292) be
accepted as security; and
4. The original Performance Bond issued by Bond Vintage Insurance, Inc., in the
amount of $3,866,000 for the tract improvements (Bond No. S0012) be released;
and
~ ATTACHMENT
~
~ o ~, ~,o
5. The original Labor and Materials Bond issued by Bond Vintage Insurance, Inc. in
the amount of $3,866,000 for the tract improvements (Bond No. S0012) be
released; and
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby
authorized to execute said Tract Improvement Agreement, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 3rd day of May, 2011, by the following vote:
YES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:~DEVELOPMENT, PRNATE\Silvera Ranch~Phase 4, Tract 7540~KB Homes~Reso Tract Lnp Agree Tract 7540, KB Homes.doc
2
~i l ~-o
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
Tract 7943,
Arroyo Vista
This agreement is made"and entered into this 3~d day of May, 2011, by and between
the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and KB Home
Arroyo Vista LLC, hereinafter referred to as "DEVELOPER".
REC ITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin,. State
of California; that DEVELOPER, the subdivider of Tract 7943, afso known as Arroyo Vista
desires to improve and dedicate those public improvements (hereafter "The Improvements")
in accordance with the requirements and conditions set forth in the City of Dublin Planning
Commission Resolution No. 09-15, adopted on April 28, 2009; the requirements of the
Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and
those certain plan and specifications for said development currentfy under review and
tentativefy approved by the City Engineer, and subject to such revisions as may be made to
the plans prior to the City Engineer's final approval, as follows:
a "Backbone Road Improvement Plans, Tract 7943 - Arroyo Vista, (31 Sheets, Sheets
1-31), prepared by Carlson, Barbee & Grbson, Inc.
• Joint Trench Plans - Tract 7943
•"Landscape lmprovement Plans'; (19 Sheets, Sheets L1-L18), prepared by Randall
Planning & Design lnc.
Said plans are now, or, if not yet finally approved, will be; on file in the office of the Public
Works Director/City Engineer, and are hereby referred to for a more definite and distinct
description of the work to be performed under this Agreement as though set focth.at length
herein; and
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.
EXHIBIT
!.~.
` To the Resolution
~a a-~
~
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this agreement. DEVELOPER shall complete
said work not later than two years following said date of execution of this agreement, unless
the completion date is extended by the City Council. Time is of the essence in this
Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as-built plans of The Improvements, including any authorized
modifications.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be as presented in the Bond Estimate - Arroyo Vista, prepared by Carlson, Barbee
& Gibson, Inc and Randall Planning & Design, Inc. ($ 3,866,600), and within the limits shown
on the Arroyo Vista Final Map and Bonding Key, attached to this agreement as Exhibits "A"
and "B". Said amount includes costs and reasonable expenses and fees which may be
incurred in enforcing the obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the Following security in a form satisfactory to the City Attorney:
A. Faithful PerFormance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one-hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor.
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surface water drainage of the subdivision shall not
interFere with the use of neighboring property, including public streets and highways.
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform to the provisions of
Chapter 5 of the Subdivision Map Act.
3. Insurance Required.
2
i~
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.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liabilitv 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.)
than:
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1"any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
.,
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less
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 projecUlocation 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 Liabi~ity: Workers'
compensation limits as required by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
~~~~
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activities perFormed by or on behalf of the DEVELOPER;
products and completed operations of the DEVE~OPER;
premises owned, occupied or used by the DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
DEVELOPER. The coverage shall contain no special limitations
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials, employees
and volunteers. Any insurance or self-insurance maintained by
the CITY, its officers, officials, employees or volunteers shall be
excess of the DEVELOPER's insurance and shall not contribute
with it.
c) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
~ employees or volunteers.
d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability. ,
2) Workers' Compensation and Employers Liability 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
~ 5 ~ a.o
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and
approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its
policies or shall obtain separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
4. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one-
year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and
materials actually appear during the one-year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year 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 fierein 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 frorrT the date of billing for such work or repairs.
~~~~
5. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representative for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority.to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by DEVELOPER and_ replaced to the
satisfaction of CITY without any expense to CITY in strict accordance with the improvement
plans and specifications.
6. Agreement Assiqnment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY, which shall not be unreasonably withheld, denied, or delayed.
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if
DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the
benefit of DEVELOf'ER'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, ap~liances, 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.
6
~. 7 ~ ~
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925)-833-6630
Notices required to be given to DEVELOPER shall be addressed as foflows:
Ray Panek
KB Home Arroyo Vista LLC
6700 Koll Center Parkway #200
Pleasanton, CA 94566
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Arch Insurance Company
Arch Contractors & Developers Group
135 N. Robles Ave. Ste. 825
Pasadena, CA 91101
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shafl be addressed and transmitted to the new address.
8. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all
streets and improvements within the work to be performed under this Agreement shall be at
the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy
permit by CITY for dwellings located within the tract shall not be construed in any manner to
constitute a partial or final acceptance or approval of any or all such improvements by CITY.
DEVELOPER agrees that CITY's Building Official rnay withhold the issuance of building or
occupancy permits when the work or its progress may substantially and/or detrimentally
affect public health and safety.
7
~~ ~ ~.o
9. Safetv Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as
may be necessary to prevent accidents to the public and damage to the property.
DEVELOPER shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work
to be perFormed under this Agreement, all fences, barriers, regulatory signs, warning lights,
and other safety devices (except such safety items as may be shown on the plans and
included in the items of work) shall be removed from site of the work by the DEVELOPER,
and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as-built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated
representative, shall examine the tract work without delay, and, if found to be in accordance
with said plans and specifications and this Agreement, shall recommend acceptance of the
work to the City Council and, upon such acceptance, shall notify DEVELOPER or his
designated agents of such acceptance.
11. Patent and 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. .
12. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of
this Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby
waive the provisions of Section 2819 of the Civil Code of the State of California.
13. Liabilitv
A. DEVELOPER Primarily.Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work will be performed in a proper manner.
DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and
each of its elective and appointive boards, commissions, officers agents and
employees, from and against any and all loss, claims, suits, liabilities, actions,
damages, or causes of action of every kind, nature,and description, directly or
indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
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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 agreemenf 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
[STAYSj, 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
public health and safety, DEVELOPER shall, upon order by the CITY, correct
said design defect at his sole cost and expense, and the sureties under the
Faithful PerFormance and Labor and Materials Bonds shall be liable to the CITY
for the corrective work required. [STAYS]
4) Litigation Expenses. tn the event that legal action is instituted by
either party to this Agreement, and said action seeks damages for breach of
this Agreement or seeks to specifically enforce the terms of this Agreement,.
and, in the event judgment is entered in said action, the prevailing party shall be
entitled to recover its attorneys' fees and court costs. If CITY is the prevailing
party, CITY shall also be entitled to recover its attorney's fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3.
14. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By:
Joni Pattillo, City Manager
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ATTEST: ~
City Clerk
DEVELOPER
KB Hom r oyo ista LLC
By:
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Print Name
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Title
G:IDEVELOPMENT, PRIVATEIArroyo Vistallmprovement agmt Tract 7943 KB Home.doc
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