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Home My WebLink About4.14 Sorrento East Tr 7656DESCRIPTION: 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 dedicates for public use Capoterra Way, Giovanni Way, Lee Thompson Street, and Palermo Way. In lieu of a Tract Improvement Agreement with a Performance Bond and a Labor and Materials Bond to guarantee construction of the improvements for the Tract 7982 subdivision, SR Structured Lot Options I, LLC, executed and filed with the City a Covenant and Deed Restriction applicable to the Parcels created by the Tract 7982 Final Map. The Covenant and Deed Restriction requires that certain subdivision improvements be completed prior to the further subdivision of each parcel in accordance with the Conditions of Approval for the Tentative Map and approved plans for Tract 7982. Taylor Morrison of California, LLC, the buyer/developer for Parcel 5 of Tract 7982, includes certain improvements on Lee Thompson Street required by the Conditions of Approval for Tract 7982 with the Tract Improvement Agreement for Tract 7656. These improvements, together with improvements to be constructed by Taylor Morrison of California, LLC, with their Tract Improvement Agreement for Tract 7656, satisfy the obligations under The Covenant and Deed Restriction for Parcel 5 of Tract 7982. SR Structured Lot Options I, LLC, A Delaware Limited Liability Company, is filing Final Map 7656 to subdivide Parcels 5 of Tract 7982 into 57 lots and dedicate Public Service Easements and Emergency Vehicle Access Easements. Tract 7656 Final Map has been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval for Tract 7656 adopted by Planning Commission Resolution No. 10-09 on March 9, 2010. The developer, Taylor Morrison of California, LLC, has submitted the signed Tract Improvement Agreement, together with the required cash deposits in lieu of Performance and Labor & Materials Bonds in the amount of $97,000 for the public Tract 7656 improvements, in the amount of $1,130,000 for the private Tract 7656 improvements, and in the amount of $140,000 for the public Tract 7982 improvements with Tract 7656. It is now appropriate to remove the deed restriction from the property, since Taylor Morrison has executed an Improvement Agreement and provided a deposit guaranteeing the construction of the improvements required under the deed restriction. The Release of Covenant and Deed Restriction, attached as Exhibit "B" to the Resolution Approving Final Map and Tract Improvement Agreement for Tract 7656, Sorrento East-Neighborhood 10 (Attachment 3), will remove the deed restriction from the property. Aqreement for Lonq Term Encroachment for Landscape Features The Agreement for Long Term Encroachment for Landscape Features with Tract 7656 provides for the Homeowners' Association to maintain landscaping in the planter strips and pop-outs along the project frontage that is within the public rights-of-way. (Attachment 4) Parkland Dedication Requirements Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land or pay a fee in lieu of dedicating such land as a condition of final map approval. Staff has Page 2 of 3 prepared a Resolution which outlines the requirements and how compliance will be achieved by SR Structured Lot Options I, LLC, which is the entity filing the Parcel Map (Attachment 5). SR Structured Lot Options I, LLC, holds Community Park Land credits and Neighborhood Park Land credits, in an amount sufficient to fully offset its Community Park Land dedication and Neighborhood Park Land requirements. The following table shows how SR Structured Lot Options I, LLC, will satisfy the Park Land dedication requirements for Tract 7656: Dedication Re uirement Fees In Lieu of Dedication SR Structured Lot Options I, LLC, Com liance Communi Park Land 0.399 acres N/A Use of ark acrea e credits Nei hborhood Park Land 0.171 acres N/A Use of ark acrea e credits The calculation of the acreage required and/or in-lieu fees is determined in accordance with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which outlines the requirements and how Standard Pacific Corp., will achieve compliance (Attachment 5). NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this report have been provided to SR Structured Lot Options I, LLC, A Delaware Limited Liability Company, and Taylor Morrison of California, LLC. ATTACHMENTS: 1. Location Map 2. Reduced Copy of Final Tract Map 7656 3. Resolution Approving Final Map and Tract Improvement Agreement for Tract 7656, Sorrento East-Neighborhood 11 together with Exhibit "A", Agreement and Exhibit "B", Release of Covenant and Deed Restriction with Respect to Parcel 5 of Tract 7982 4. Resolution Approving Agreement for Long-Term Encroachment for Landscape Features with Tract 7656 South together with Exhibit "A", Agreement 5. Resolution Accepting Park Land Dedication Credits for Park Land Dedication Requirements for Tract 7656 (Sorrento East-Neighborhood 10 (North): SR Structured Lot Options I, LLC) G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-East\Tract 7656-Neighborhood 10\Staff Report Final Map 7-10-11(2).docx Page 3 of 3 ~~~: ~"~ -- a --~~ n i _ , ~~ z~ ~~ . ~ w a ~ ~ a ~ ~ ~ T Z ~ 9WNER~S STAlEA1ENT iHE UNOQt9dlm UOES HQt~Y ST~IE: iHAT NE IS IHE OkNEP OF N1 IME LANOS OELNEAIED AND QIBRACm YA7HIN h1E 7RACT BWNDMY l1NE dF TNIS FlNAL NM EN1111E11'7RACT 7856, SORRENTO N~q180RH00D 10, tltt OF ~IIBUN, ALAYmA CWNtt, CAUiOHMA', CON95PNG Oi 7XELl£ (1t) 41EET5, 1195 57A1O~11T BENG UPON 31EET ONE (1) 7HEREOF: 7HAT HE CONSFNIS lU THE PREPARA710N ANU i1lINC OF SN~ MAP: 7HAT SAIO NAP PMI7CULMLY SEIS FORT1 AND DESCRIBES P11 iHE LOTS IN7ENDED FOP SALE BY THE1R NUI~ER AND PREqSE M1D7H AND LENGiH; AND THAT SAN YAP PARTICULARLT SE75 Fdt7H NiU DESCRIBES TIE PMCELS OF GRWND RESIIiVED Fpt Pl19lIC PURP035 BY 7NEII2 BOUN~APoES, COURSES, AND IX7Fl1T. THE flEAL PftOPQi7Y OESCRIBED BELOW IS OmICA1ED AS AN EA4}1EHT FOR PUBl1C P~APOSE£ THE MEAS OE9(~lAlEO AS 'PUBLIC SEANCE EAg]IENY (P5~ AS 910YM UVON iN15 MM. ME FOR 7HE PURPOSE OF INSTFLLA710N, CONSR2UC710N, RGCESS, NI~ NNNTENANCE Of UNOERCRWND UTl11Y SRtI1CNRES 71iE NEAL PROPQ2TY DESCRIBFD BFLOW IS ~mICR1ED AS N1 EASENENT FOfl PUBl1C WRVOgS iHE N2EA5 DmGNAIED AS 'EMERGFNCY VEXICLE ~CC65 EA411ENf (EVA~ AS 910MN IIPON TNIS YPP, ARE FIXt 1HE PURPOSE OF ACCESS OF EMQtGENCY VEHICLES AND EMERGENCY EWIPNENT. THE HEAI PPOPERtt DEStliIBm BE10W IS ~E-ICA7ED AS AN EASD/QIT FOR PUBt1C WPPOSE4 iXE AREAS OE9GNATED AS'~SRSD' ARE IRREVOCA9lY OFFEPEO fqt pmlCAliON Tp WBIJN SAN RA110N 9RNCE5 qSTIiICT (USR50), OR ITS OE9GNEE W CRO55, AS A SU951MFACE EASEMENT AND SUftFACE EASIIENT Fdi POTABIE WAIER ~Np RECYCLED WAIER NID SNIITMY SEN9i PURPOSES. WLLUDINC ACCE55 1HEPEfO. FOP WNSIRUCTION. OPERAPON, NNN7ENRNCE, REPNR RND REPLACFYENT OF WORKS, IMPROVEIAENlS, MID SIPUCNRES, MID iHE CIEARING OF OBSiRUCTONS AN~ VEGETAlION. NO BUIIDING OR S7RUCNRE NAY BE PUCED pV SAID EASEIIENT, NOR SHML ANYM1IINC BE OONE TiFA~N, NIXt ACCE55 RESRLC7ED llIEREfO W14CN MRY WTERFQiE NTiH OSRS~'S ML QJJOY4ENT OF SPID FASElIENT. ~CCEPTNlCE OF SAIU EASQIENT WRL BE BY SEPIAAIE WS7RIINENT SUBSEOUENT TO 1NE FlLING OF TMIS MM. iHE REAL PROPEA7Y DE9GNAlED AS TMCENTO UNE FA-0 TEARACE PAOLO TERRAGE, AND CMQiIfA IANE AS SH015N UPIXi iX15 MM, ARE FOR PRIVRIE ACCE55 ANO LAN~SCAGINC PURP05E5 FOR iXE fiENEFT OF iHE LOlS IN TRACT 7858 PND ARE N0T DmIGATED TO 1HE PUBIJG hIESE FREAS ARE TO BE OWNm IND YAP1TMlm BY 7HE HU4EOWNERS ASSOq~710N OG TRACT 7658 IN ACCOROANCE M1TH 1XE COVENAN75, CONq710N5 ANU RESIRICTIONS GOYFHNING iRACT 7858. . hiE RFAL PHOPEfitt OE9CNAlEU AS 'PPoVAIE ~CCE55 EAgIIFNI" (PAE) AS 410NN UPOp MS YM, IS FON THE WRPOSE OF PRIVATE KNI4E Ntll PEUESIRIAN ACCE53 WAYS FOR THE BPlEFlT OF 7HE fATS IN IIiACT 7655 qND IS NOT DmICAIED TO RIE PUBl1G 7HESE AREAS ME TO BE OWNm AND MAINTAINm BY iNE H011EOVMFRS RSSOCIAiION OF 7RACT 7fi56 IN ~CCIXtOANCE X11H iME COYENANTS, CONDITI(INS AN~ RE3TRICIIONS fAYFRNING TR~CT ]656. i 1HE REAL PROPER7Y OE9GNAlED AS 'PRIVAIE STORM DRAIN EAgNENI' (PSUc~ AS 9i0VM IIPON iW5 MM, IS FOR T1E PURPOSE OF WSTALLATION M'D YAIMEHANCE OF %CVp7E SfORII DRAIN FAtll17iE5 N0 APPUR7ENANCFS TMQ2ET0 Fdt ME BENEFlT OF 7XE LA75 W 7RACT 7fi56 AN~ IS NOT DE-ICp7ED ttl 1HE GU~1C. 4AINIENNICE OF SAID FApIlTES 91ALL BE 1HE RESPONSIBILITY OF 111E HOAIEOl5NEA5 ASSOCUiION Of' TRACT 7658 IN ACCORDANfL N17N 1NE COYENAN75, CONDIlIONS AND PFS7PoC710N5 GO4ERWNC 7RACT 7858. 1HE HEAL PROPWTY OE4CNAlED AS 'PPoVAIE PmE57WAN ACCESS EASEAIENT' (PPI~ AS 910KN IIPON T115 YM. IS FOR 7HE PURPOSE Of PmE57RIAN ACCE55, REfAWING WALLS, AND IANDSCAPWC FOfi 7HE BQlEFI7 OF iME 1A15 IN iR/.CT 7656 AND IS NOT DEqCATED TO 1HE PU9UG YAWTENM'Q OF SN~ FApl1Tl6 91R11 BE 7f1E RESPONSIBRITY ~ 7HE MdlEO'hNQiS ASSOdA710N OF iRACT 7858 IN ~CCOflDrWCE VA1M ME CO`hNAN75, CONDITIONS ANO PESRtIC110NS GOYERNING TRACT 7858. 7HE flEAL PROPER7Y UE9GNA7FD AS 'PPoVAIE YARU EASENEN7' (P1'E) AS SHOYM UPON TNIS NAP. IS FOR iHE BENff1T AND AVPURTANT 10 TNE ADJOIILNC L0T FCR 7HE PURPOSE OF WSi~LLATON AN~ YNNIENANCE OF PRIVAIE lAN~SCAVE AND IX2AINRCE FAqU11E5, PPIG(INC, AN~ PPPUR7FNANCFS TIEAETO N!D RERffA710NAL USE OG YMO MEA er n¢ ~~awxc wTS. ~++o u¢ NoT omic~ho ro n~ vueuc NAINIENANCE Oi SIID ME/5 AND/qi FAfJU71E5 S1ALL BE iHE PESPoNSIBRITV OF iHE BEHEFITING LD75 @l ACCM~ANCE Ni7X THE C04ENM115, CONOITONS AND RESR2ICIIONS GOVFRNWG IIiACT 7858. ! 7HE PEAL PROPQttt UE4GNAlED AS PM(9.5 h B, F D, E, G, G, H, ~HD I AS SIOWN UPON iltl5 YAP, IS FOfl E 7HE PURPOSE Of LANDSCAPWC. PRIVAIE PmE57RIPN ACCE55 WAYS. AND VRIV~IE SrORM ORNNS AND IS N0T ~FDICAIEU TO T1E PU&JC. hIESE AREAS ARE TO BE ONNm AND MAINTHNm BY HdlEONtIEliS ASSOtlA710N OF ~ 7RACT 7856 IN ACCOROANCE 'MiH IXE COVEH~VliS, CONOI110N5 ANO RES7RILTIONS GOVERNING 7RACT 7658. 7HE REAL PROPQiTV DESICN~TED AS 'LOT A' AS 410VM UPON 7N15 YM, IS FETAUIE~ BY OYMER FOR t OE~ELOPYENT PUfffO5E5. ~ .~` TiE ftEAL PROPQEtt DESCPoBm HERFIN 5 RLSO SUBJECT 70 hIE MRS7ER DECLARATIONS Oi fA~ENANTS, [ CONOI110N5 ANO RESIRIC710N5 OF SORFENTD EAS~ C0~£HNWG IA~CT 7892. ANU iHE OEIXARAPONS dF a WVENANIS, CONDI710N5 AND RESTRIC710N5 W4IIU~WG iRACT 7658 AND ANY AYEIIDMEtl75 IHEREfO APPROYID IN ACCOROANCE N11H lf1EW TERYS iM15 YM SHOWS /d1 EAg11Q115 ON 1NE PRE1115E5 M OF RECOPD. IN YATNE55 WHEfiEOF, ~/~ -H~ -~ 7HE UNOEP4CNED HA`iE E%ECIIIE- iH15 SfRIELFl1T IXI TiE yyG_ OAY dF J, ~ hP yp~~, OWNFA: SR STRIIC RED LAT OPTIONS I U.C, A OFIAWME LIYIIED IJABILfiY CONPANY BY: ' e : nne APN: 905-0053-009 (portion) SrAiE aF ' E~Q~ courm or n~r~wa,.edc. ~ ss ONS~~L~JD .p011, B6diEUE,~nnu0.1~'~0.f{~iNG~ A NOTMY PUBLIG P~~NP11Y RVPEARFD ~~ 4 /~/ls- L YMO PFOVfD TO NE ON 111E BA95 OF SAIIgAGTORY ENDENCE TO BE 7HE~ NHOSE NNIE(~ I5~ ARE SUBSCRIBED TO lF1E Ni1HIN IN5IRUAIENT RNU AdCNO D TO NE 7HATylC/ SNE/ iHEK E%EqI7ED 7HE SA~IE IN ltl9~ HER/ A~R AVTHORIffD CAPRq7VQ~. AIID RI~T 8Y ie" /HE7i /ilIBR 9GNANRF.('¢) ON 7HE NSTRUYENT 7!E PERSON~) CR 1ME QJPtt ON BE}IALF OF 'MpCH T1E PQt50N(~) ACTFD. FJ~WiED 7NE IN57HIlN~Ef1T. WISCORS~/1 1 WtIIFY UNOQt GQIALtt Oi PERJUPY UNOER 1HE UWS Oi 1HE ST~IE OF fi~iNtk 1H~T ME FOREGOWG PMAtliMH IS 7RUE RND COflRE T. M17NE55 YY - 9plAlllRE ~' n R ~~ PRINT NANE ~'~'~ NY C01141590N N111~ER: YY CWYImON EX%FESSZ4~• a°~d PRINpPAL COUNIY Of Bl19NE5S ~Le F,I% ~ ~~' ~' _.~'~"' . COUN7Y REGORDER~S STATFA/ENT FlIID FOfl RECOF~ T95 _ DAY OF 2011. PT u.. W BOq( _ OF MAPS AT PACR ~T 7HE REW6T Oi FlRST ANEFtlCAN 717LE WMPANY. fEE: f DOCUMENT N0. PA7HIG% O~CONNFIL COUNIY OF PLNIm0. STAIE OF CAl1FORfJIR BY DEPUTY COUNtt RECOfiDQt TRACT 7656 SORRENTO NEIGHBORHOOD 10 B~IG l 9VB-IV6mN 0~ PARC6L b I9 9HO11N ON Tll8 Y1P OF 7'R~f.7 7BB2 PQPD IN BOOK 90Y aP YAP9 AY P1GE 3B, OPRGLL f~0~9 OP d7.111L01 WDN[Y CPfY OF DUBLIN ALAMEDA COUNTY, CALQ~'OEWIA RUCGERI-JENSEN-AZAR k ASSOCIATES CIV[I. ENGIIJEERS, PLANNERS, SURVEYORS PL819dNiVN, C11lPoSN11 Nt1S EOll u s~s /V ~ ~ QiSS;INEQYS STA7FlAENT 7X15 Nr1P WA$ PREPARED BY YE IXt UNOFR YY MREC110N, AT 7HE REplEST OF 3t $IRIICNWD !AT OPTONS I LLL. IT IS BASED UPON A FlEl- AIR1£Y PQiFQRNm BY YE Oil UN~ER YY OIREC110N W OCTOBQt Y010, IN CONFORMANCE W1TH 1HE REWIREIAENTS OF h1E SIIBDINSION NAP ACT AN~ LOCAL OFOWANCE /~ND IS 1{p1E AND CdIPIEIE ~lS SNOYM. 1 HER~Y STAIE TIAT TUS FlNAL YM SUBSTAN7IALLY CON~q7Y5 TO iHE C01111710NALLY APPROVED 7FNTA71kE NAP Qf AN1~ iXAT ALL YONJIFNIS ME OF THE p1ARAC7Qt AND OCdIPY iXE P09710N5 WDIGA7ED OR 1H~T iHEY N1LL BE SET IN TIOSE POSIPONS ON OR B60RE OECEYBQt 201], ANO 7HAT SA10 YONUNENTS ApE OR NiLL BE SUFFIpQ1T TO ENABIE TiE SUR~EY RJ BE RE7ftACm. IHE GRO55 MEA X17HIN iHE iRAC7 IS 1286 ACRES. YORE OR lFSS. S 1 PIEItOP~tl~N~1B1 D/¢" ~II ~oe~E`~t¢ REq5R2AlI0N E7~IRE5: DECEI/BEIi 31. 2011 ~P.~~~<a;. ~ S No.~~ yy.tyf1111 ~ # ~ ~~ 'Fa c~ qTY ENGINEER~S STA7FMETlT 1 HER~Y SiAIE T1AT I HAOE D(AI/iNEV 7HIS YAV AND 7HAT 7HE SIIBOIN90N AS SNONN HQiEOfi IS SUBS7PN11ALLY 1HE SAYE AS IT APPEMm pV iNE 7FtlTATI~E NM AN~ ANY APPRObFD ALTEAAlI0N5 7VIEFEOG; THAT ALL PRONSIONS OF pIMTER 2 OF SUBqN9QV 2 OF P1lE 7 OF 7HE CAl1FOHNI~ GOVERld1FHi COOE (SUBqN90N NRP AC» M'p ANY LOCAL OflDIpANC6 AGRICA4E AT 111E 71YE Of MPROVAL OF THE IENTAIiYE 4M X~YE B@l C~ONN/J/~y WTH/ .a!~/.L/ 7"/~-// NARN A IjNUQt, R.C.E N0. 31853 OATE att ENaNEER att oF DUBUN IICQJSE E]~IRES: SFP7FlIBQt ](1~ 2011 PLANNING AIANAGER'S STA7EMENT iH15 YAP CONFOF245 TO 1HE IENTA7I~E MAG AND CORRESPONDING CONDIlI0N5 ~5 MPRO~F.D BY 7HE GLANNING COMM1590N ON 2011. THIS NAP HAS BEEN RENENED BY ME AND 1HE COIJDI11IX15 OF FPPROV1IL N~YE B@1 SR115FlED. ~_/ ~X 7//Nl~ .EFF Bu(dt o ''- PLANNWG AUNAWt 591LS REPORT A SdLS ANO CEOIECHNICAL INVE571GA1i0N RND REPORT ~A1FD SEP7EMBER 14, Y010, .p8 N0. 7/29.ODI. W~VS PREPRRm BV BERLOGAR GE07ECHWG~1 CONSLLTPNiS AND FlLED WITI TIE p1Y OG OUBUN, CMI~ORNIA pN CLERK'S STAIE'AIFNT i. CAROLINE S0T0, tltt CLQ2N ANO CIEPo( OF THE CWNpL OF iHE Cltt OF UUBUN, CWNTY OF pIANEDA, STATE OF CAIJFIXtNIA, ~0 HER~Y STAIE 1H~T 1H15 FlNAL NM ENTITLID 'lI7ACT 7656. SOPPFMO NOpIBORH00D 10', CONSIS7ING OF TNEL~E (t]) 9VFEiS, THIS SfATfLENT BE1NG UPON 41FEf TMLI (2) MFAEOF. WAS PPESENim TO SAID COUNpL AS PRONDm BY RESOIUTq! N0. AT A 11EEfING MEID ON ME OAY OF 1011. N!D 1XAT SAN COUNqL q0 1HQiEUPON AYPROVE SrVD 4M AND DID AGCfPi, 9JBJECT TO INPROVEMENTS, ON BENALF OF 7HE PUBIJC, 'EVAE' AN~ 'PSE', $HONH TIQiEUPdI /5 OEDICA7FD TO PUBIJC IlSE I NRINEA SUIE RUT ALL ACREEEIF?!TS AND SUFETY AS REWIRED BY UW TO ACWNPANY lNE R71HM FlNAL MM HA4E B@! APPROYID BY 7HE Q7Y CWNQL OF 7HE Cltt aF DUBIJN AND ARE FlLED W YY OFFICE P! WI7NE55 NHEPEOF.I XA6E l~RREUMO 4T YY HAt~ iHIS OAY OF 2011. CAftOt1NE 5070~ qtt GIIiK AN~ QERI( OF 1HE COUNdL OF 1HE q7Y OP WBl1N. CWN7Y OF AU11mA. STAIE OF CMIiORNIA CLERK OF 1HE BOAR~ ~ Sl1PEStVISORS STATEMENT I, CRYSTAL HISHI~A q2AFF, CLFAN OF THE BOMD OF SUVQYNSORS OF 1HE COIINTY OF ALAYEDA, STAIE OF CMIFORNIA, DO FER~Y SiATE, AS piECNED BF10W. 1HAT: ~ AN MPROVE- BOND NAS B@l FlLID Vd1H 7HE SUPQtN50R5 OF 7HE SAID COUNtt AND STATE IN 7fiE ANOUNT OG S CONCtl710Nm FOR iHE PAYIdENT OF ALL TA%ES AND ~EqAL ASSESSMEN75 COLLECIED AS TR%ES MHlpl ARE NOW A lffN ACAINST 5/JD UND IXt ANY PMT TIFAEOF. BUT NOT tEr PAYABIE, NID WAS WlY MPROVFD BY SAID BOMD W SND AllOUNT. ALL TAXES AND SPEpAL 0.55ESAIEN75 COLLECIED AS T~%ES NAVE BFFN ^ PA10 AS CFRTIFlED BY 7HE TI7EASUf~R-TA% COLIECTON Of TF~ CWN7Y OF ALANFDA W WITNESS 1lNEREOF, I NA4E HpiELNTO $ET YY HAND TXIS ~1Y a son. CRYSTAL HIS A GR F ~~~ Oi 5 PEN SIXtS CWNtt OF CL/JImR SrA1E OF CALFdiNIA ASSI5TANT q7Y ENqNEEFt~S STAIEMENT I XEft~Y 5TATE 7HAT I HAYE IXANWm 7W5 YAP AND I AY SA715FlED TNAT T15 YAP IS TEOINICALLY CORFECT. PAl1L G KflUGER. R.C.E NQ 705B7 OAIE ~CiWG A595TqNT OlY FN4NEIIt, Cf1Y W DUBIW UCQISE EI~IRES: Y~RCH J1. 201Y BY: DEPUiY QEFK ' TRACT 7656 SORRENTO NEIGHBORHOOD 10 B~iG A 9U6DIVLRmP OP PARRI:IQ. 8 69 39071N ON 7BC YAP OP TRdC7 7882 P~HD Q7 H008 90B OP Y1PB AT PdGB 98. OMCIIL ~C0~9 OY 1G1~1 CODNfY CITY OF DUBLIN ALAMEDA COUNTY, CAI.II~'ORNL1 RUGGERI-JEN3EN-AZAR & ASSOCUTES CIVII. ENGMEII2S, PLANNERS, 9URVEYORS PL8L91M9N. CIIlPO@711 WY EOll V~ ~ / vi W PARCEL 9 YRACJ 7982 309 M 9B \\ \ ~ ~ \~ ~ ~p m~cr ns~ - .ra u n (Pf IRACT Md1 - ,R/D Y .H o eo izo ieo c o+ ~er > l Imh ~ 80 A - - ~.a~c ~oz ~ ~7Rp1, PARXWAY ~wc s s~~oN or raecc~. a ~s amwx ow r~ me or re~cr aaex PifSU IN BOOS 90D 4- Y1P9 1T PdG6 9B. OFY6IdL f~0~9 OP 1W~1 COON~Y C1TY OF DUBL[N ALAMEDA COUNTY, CALIFORNIA RUGGERI-dENSEN-AZAR & AS30CIATES CIVII. ENGINEER9, PLANNERS, SURVEYORS +++nx, c~oawa NH6 EOLL PA.4CfL 1 Y. C~~ j3 -an~ farY 7RAC7 7651 C~ I' v C~ ;yit~ ~hl sas M 7Y w / at'y.~/ %5~'µ~ ~~'~ ' I ~ I I~ IMTaEb I~ ~ ~, . u Nszvat'w i~zsr cx~ll I& t1 wr~vr.ww saar - I~ u u~,rJSas~c rzm• I ~ LI NA7JYYE IQ73' G~19'10'AY IAT A u Nma~c•w ue~' v.naas' I ~ SBQkAG4E5 C6 N9]2141T Pl.au' ' t~ u.t,7asYr zso• . I I (E MSYO'19'W 3EI' I I ta xeove'srT um' I I~ I 9 e '~ ~1 I ~ I F~D1600~. 80.M~ ~~~~ N&S~e]! ~) ~~~ N r~.~ N797~,~~•E,,]~6q301' ~ I9 ~'~ FA90 Ta°.~- ~ O 78 1 $~~ ~ ~ Jl '~ PAF~1 E 1 ~ \ ~ ~ J6 J3 u .ET ~~~ ~ S l~ 1 m ~ 1~: ~ J9 P~, U ~ 3 1 ~¢ ` ~ s .0 1+ 77 ' ~ \ ~ NOTES: I. ALL YONINENT lIE LIN6 ARE AT RIOfT ANQE$ TO 7HE uor+uurNr uwe urafss on~rxx+se r+oho. 2 NEW EASEl1E11T5 ARE 910MN ON 41EflS 4 TIRWCH 1B. BASIS OF BEARINGS TNE BEARWG N1P28~38'W BEIYhFH iOUND YONUYENTS W ~Oq01ART SRtEET /S SNOMN ON 7R~CT 7651, FllID IN BOq( 303 OF YIPS AT PACE 77, AW.IEDA COUNtt RECOPDS, IS TN(EN AS iHE BA45 OF BEAPINCS fOft 1X15 NAP. LEGEND - - - - - 1R~CT BWNDARY l1NE LOT UNE - - - - MONIINFNT WlE . _._....._...__....__.. ....__......._ . YONUNINT TIE UNE '------ ---_ NEW FASD/ENT IINE AS NOIID ---- -- WS11NC EAg11QlT LINE AS NOTED EIOSNIG lAT IJNE ~ SET qTY OF DUBLIN STr1NDM0 YONUYENT SrAYPm ACE Y5261 OO ~OUND f]7Y OF WBLW STM'UTAD NOMIIR'NT PQt REFQiQICE AS NO7FD EVAE El1ERGEHCY VE}IICLE RCCF55 ER~/ENT GSE PUBLIC gRNCE ERSEIENT D4im UU9lW SAN MYON SERNCES d571iICT PAE PPoV~TE AC~55 EA~IT PPpE PPoVAIE PmE51FtlAN ACCE55 EAS~IIEHT PSDE PFIVAIE STORN DflAIN EASQIENT PYE PPoV~IE YAttO E/S~ffNT PIE PPoVAIE lANUSCAPE EA4]IENT IX W57P1G (M-N) MONUNENT TO YONUMENT (R) RADIr1L (~ roru ( OATA H~) R~C~D D~TA t REiLRENCE SOkT. SOUARE fFET o ~ ~ SHEET COVERAGE O SHEFf MIMHFR ~ b~~r~ry ~ ~% / , ~TRACT 7656 ' SORRENTO NEIGHBORHOOD 10 ~'l ~('~ ~ V ~ 5 ~23 RESOLUTION NO. -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *******,~* APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 7656, SORRENTO EAST-NEIGHBORHOOD 10 WHEREAS, the Final Map for Tract 7656, 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, Taylor Morrison of California, LLC, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 7656 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 cash deposits in the amount of $97,000 for the public Tract 7656 improvements, in the amount of $1,130,000 for the private Tract 7656 improvements, and in the amount of $140,000 for the public Tract 7982 improvements with Tract 7656, conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by cash deposits in the amount of $97,000 for the public Tract 7656 improvements, in the amount of $1,130,000 for the private Tract 7656 improvements, and in the amount of $140,000 for the public Tract 7982 improvements with Tract 7656, conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and WHEREAS, certain Covenant and Deed Restriction recorded in the Official Records of Alameda County on March 3, 2011, as Instrument No. 2011-79727 imposed certain obligations on the Owner with respect to securing the completion of improvements specified for Parcel 5 of Tract 7982; and WHEREAS, with respect to Parcel 5, sufficient security has been provided to ensure that the obligations with respect to said Parcel 5 will be satisfied; NOW, THEREFORE, BE IT RESOLVED that said agreement and cash deposits are hereby approved. BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby authorized to execute the Release of Covenant and Deed Restriction with Respect to Parcel 5 of Tract 7982, attached hereto as Exhibit "B." 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." ATTACHMENT 3 • ~ ~3 ~ BE IT FURTHER RESOLVED that the Final Map of Tract 7656 be and the same is hereby approved, and that rights to the areas marked as Public Service Easement (PSE) and Emergency Vehicle Access Easement (EVAE) offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted, subject to improvement; and that the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 19th day of July, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-East\Tract 7983-Neighborhood 11\Reso FM 7983.doc 2 r7ti~~ 3 CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 7656 This agreement is made and entered into this day of , 2011, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and , a Corporation 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. 7656, desires to improve those improvements (hereafter "The Improvements") required by City of Dublin Planning Commission Resolution No. 10-09 adopted on March 9, 2010 for Tract 7893 and the improvement for removing the left turn pocket and completing the median across the former Capoterra Way intersection including the frontage curb & gutter, landscaping the Lockhart Street median between Palermo Way and Central Parkway, and landscaping along the eastern frontage of Lockhart Street between the Park entrance and Central Parkway, as required for Tract 7982 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 7656, Sorrento East- Neighborhood 10, Phase 1 prepared by Ruggeri-Jensen-Azar dated July 1, 2011 with any modifications required for City approval; • Landscape Plans, Tract 7656, Sorrento East - Neighborhood 10, Phase 1 prepared by R3 Studios dated June 21, 2011 with any modifications required for City approval; • Joint Trench Composite & Street Lighting Plans for Tract 7656, Sorrento East - Neighborhood 10, Phase 1 prepared by RGA Design, LLC dated July 1, 2011 with any modifications required for City approval; • Improvement Plans, Tract 7982, Sorrento East prepared by MacKay & Somps and signed by the City Engineer on March 15, 2011; • Landscape Plans, Tract 7982, Sorrento East - Backbone Improvements prepared by R3 Studios dated May 12, 2011 with any modifications required for City approval; • Joint Trench Composife & Street Lighting Plans for Sorrento East - Tract 7892 prepared by RGA Design, LLC dated May 18, 2011 with any modifications required for City approval; 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 portion of The Improvements that will be accepted by the City as Public 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: ~ ~xh~~~~~ ~j~s~ I~.t~ or~ ~ ~3 1. Completion Time. 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. 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement is agreed to be as follows: • Tract 7656 Public Improvements $ 97,000 ~ Tract 7656 Private Improvements, Phase 1 $1,130,000 • Tract 7982 Public Improvements constructed with Tract 7656 $ 140,000 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. 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. 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: 3. Insurance Required. Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by C1TY. 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 ~ a3 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 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. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liabilitv: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form wifh 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 Liabilitv: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liabilitv: 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 d~ductibles or self-insured retentions as respects the CITY, its o~cers, 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 Liabilitv and Automobile Liabilitv 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 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, 3 I ~o -~~ 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 Emplovers Liabilitv 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 Coverages. 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 insiarance 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 whatsae~[er 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 4 11 ~3 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 completion 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, or 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. 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. Aqreement Assiqnment. Tiiis Agreement shall not be assigned by DEVELOPER without the written consent of CITY, which consent shall be granted or withheld in the manner described in Section 17 of the Development Agreement between the City of Dublin and Structured Lot Options l, LLC for Sorrento East at Dublin f?anch, dated August 7, 2007. 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 of the work, or any severable part thereof, or fails to complete such work within the time specified herein, 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 ~a a ~ 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 propertybelonging 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 Notices required to be given to DEVELOPER shall be addressed as follows: Notices required to be given surety of DEVELOPER shall be addressed as follows: Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 8. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. 13 a~ 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 The Irnprovements and the delivery of a set of final as-built plans to CITY by DEVELOPER, C1TY, through its City Engineer or his designated representative, , shall examine The Improvements 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 that are within the Public right-of-way or Public easements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance. City shall release any and all security provided by DEVELOPER in the manner described in Section 66499.7 of the Subdivision Map Act. [The City will not accept the Private Improvements and a warranty bond will not be needed for these Improvements.] 11. Patent and Copvriqht Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or,litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 13. Liability. A. DEVELOPER Primarilv 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: « 3 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 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. ~ 14. Recitals. The foregoing Recitals are true and correct and are made a part hereof. ~s ~ ~ 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 Taylor Mor son of Ca ifornia, LLC . . ~ By: Jim ' on, ~ e resident, Land Resources G:IDEVELOPMENT, PRIVATEIDublin RanchlSorrento-EastlTract 7656-Neighborhood 101Tract 7656 Tract Improvement Agmeement .doc 9 ~6 a3 Recording requested by and when recorded mail to: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder's use. RELEASE OF COVENANT AND DEED RESTRICTION FOR PARCEL 5 OF TRACT 7982 WHEREAS, SR Structured Lot Options I, a Delaware limited liability company ("the Owner"), caused to be recorded in the Official Records of Alameda County that certain Covenant and Deed Restriction ("the Covenant"), recorded on March 3, 2011, as Instrument No. 2011-79727 and affecting the real property delineated as Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Tract Map 7982 recorded in the Official Records of Alameda County on March 3, 2011, as Instrument No. 2011-79726 ("the Tract Map") in order to secure completion of certain improvements required as conditions of the City of Dublin's approval of the Tract Map; and WHEREAS, said Covenant imposed certain obligations on the Owner with respect to securing the completion of improvements specified for each of the ten individual parcels created by the Tract Map; and WHEREAS, Said Covenant provides that the City shall release the Covenant in whole or in part as to one or more of the individual parcels upon the effectiveness of a Tract Improvement Agreement and accompanying security relating to the parcels or to any individual parcel; and WHEREAS, with respect to said Parcel 5, the owner has entered into a Tract Improvement Agreement and has provided sufficient security to ensure that it will satisfy its obligations with respect to said Parcel 5; and WHEREAS, Owner has requested, and City wishes to release the Covenant with resepect to Parcel 5. NOW THEREFORE, the City hereby releases the Covenant with respect to said Parcel 5, except as otherwise provided herein, or in any other Release of Covenant and Deed Description submitted by the City and recorded in the Official Records of Alameda County, all other provisions of the Covenant shall remain in full force and effect. EXHIBIT~ To the Resolution 17 a3 ~ Dated: CITY, City of Dublin, a municipal corporation By: Joni Pattillo Its: City Manager ATTEST: By: Its: City Clerk SIGNATURES MUST BE NOTARIZED. G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-East\Tract 7983-Neighborhood 11\Release of Covenant and Deed Restriction.doc RESOLUTION NO. - 11 I Z~ a3 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *~*****~* APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACT 7656 WHEREAS, a Vesting Tentative Map for Tract 7656 and Site Development Review for Sorrento East was approved by Planning Commission Resolution 10-09 on March 9th, 2010, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project- related landscape features within the public rights-of-ways; and WHEREAS, said Conditions of Approval required the developer to enter into an "Agreement for Long-Term Encroachment" for the maintenance of the landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features with Tract 7656 attached hereto as Exhibit "A," which will be recorded against the property concurrently with the Tract 7656 final map; NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 19th day of July, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\DEVELOPMENT, PRIVATE\Dublin Ranch\Sorrento-East\Tract 7983-Neighborhood 11\Resolution Loi ATTAC H M E NT • i ~' ,a3 ~ AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 7656 , SORRENTO EAST - NEIGHBORHOOD 10 THIS.AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 7656 ("Agreement") is made between the City of Dublin ("City") and Taylor Morrison of California, LLC ("Owner"). 1. Pro er : The subject property is Tract 7656 as filed in Book of Maps at Pages , in the Official Records of the County of Alameda, State of California. 2. Develoner: Owner is the owner of Tract 7656, Sorrento East- Neighborhood 10, ("Proj ect"). 3. Landscape Features: Owner, as part of the Project, anticipates the construction of Project related landscape features within the City's rights of ways on the following streets in Tract 7656; Lee Thompson Street, Central Parkway, and Lockhart Street (collectively, the "Landscape Features"). Construction details for these Landscape Features are shown on the Landscape Plans for Tract 7656, Sorrento East- Neighborhood 10 prepared by R3 Studios and approved by the City. • 4. Encroachment Permit: Owners shall apply to the City for an encroachment permit for work to be performed pursuant to this Agreement. The City must grant the encroachment permit for all work to install, operate and maintain the Landscape Features improvements and all the conditions imposed by the City must be consistent with the provisions of this Agreement. If there is a conflict between any provisions of this Agreement and the encroachment permit, the provisions of this Agreement shall prevail over the conditions of the encroachment permit. 5. Ownership: Owners shall own all special Landscape Features, including but not limited to fountains, arches, monuments, etc. 6. O~erations and Maintenance: Owners shall maintain and repair all the Landscape improvements, including all frontage and island landscape plantings, irrigation, and sidewalks within the designated areas; in a safe manner consistent with the approved plans to the reasonable satisfaction of the City at its sole cost and expense, including electric power and water cost. Owner will be responsible at its sole cost to replace or repair any Landscape Feature damaged or removed ~ during the maintenance or repair of sewer, water, drainage or utility improvements by the City, Dublin San Ramon Service District or utility company, unless such damage or removal is caused by the negligence, gross negligence or . . 1 EXHIBIT To the Resolution C7~lJ ~~i willful misconduct of the City, Dublin San Ramon Service District or utility company. The City will maintain at its sole cost all asphalt concrete pavement, concrete curb and gutter, drainage improvements, traffic signs and striping, and streetlights and any other features in the public right of way. 7. Removal or Relocation: If future improvements proposed by the City conflict with any of the Landscape Features, the City may remove or reasonably relocate the Landscape Feature at its sole cost. If any of the Landscape Features are relocated, the City and Owners will execute a modification to this Agreement to reflect the maintenance and operations at its new location. Provided, however, the City is under no obligation to relocate any of the Landscape Features. 8. Insurance: Owners shall obtain and maintain in effect a combined single limit policy of liability insurance not less than one million dollars ($1,000,000) covering the Landscape Features improvements and shall name the City as an additional irisured. , 9. Indemnification: Owners shall indemnify, defend and hold the City harmless from and against any and all loss, claims, liability damage or expense or cost the City may incur or become liable for or for which a claim is made by a third party, . due to or arising out of Owner's construction, maintenance or operations of the Landscape Features unless caused by the negligence, gross negligence or willful misconduct of the City, its agents, contractors or employees. 10. Permanent: The Landscape Feature and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, and are appurtenant to the Property. 11. Right to Assi~n: Owners may assign any or all rights, interests and obligations of Owners arising under this Agreement to the Homeowners' Association for Tract 7893 or to a successor in interest of Owners with respect to all or a portion of the Project; provided, however, that no such assignment of Owners' rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide on any assignment within ten (10) days after Owner's notice thereof, provided all necessary documents and other information are provided to the City Manager to enable the City Manager to assess the assignment. 12. Successors and Assigns: Each reference to the "City" in this Agreement shall be deemed to refer to and include the City and all successors and assigns of City. All references to the "Owner" in this Agreement shall be deemed to refer to and include Taylor Monison of California, LLC and all successors and assigns Taylor Morrison of California, LLC including but not limited to the Tract 7656 Home Owner's Association. 2 a ~ ~3 ~ 13. Notices: Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery if delivered personally to the party to whom notice is to be given (including messenger or recognized delivery or courier service) or.on the second day after mailing, if mailed to the party to whom notice is to be given, by first-class mail, postage prepaid, and properly addressed as follows: City: City of Dublin 100 Civic Plaza Dublin, California 94568 Fax No. (925) 833-6651 Attn: City Manager Owner: Taylor Morrison of California, LLC 1180 Iron Point Road, Suite 100 Folsom, CA 94568 Attn: Jim Jimison, VP of Land Acquisition and Development 14. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth in full body of this Agreement. 15. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the --intent and economic effect of the. invalid or unenforceable provision. 16. Entire A~reement. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and cannot be amended or modified except by a written agreement, executed by each of the parties hereto. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. 3 a~ a d,3 Dated this day of ,.201 l. CITY: THE CITY OF DUBLIN, a municipal corporation Name: Title:. OWNERS: ' Taylor Mo ison of alifornia, LLC ~ ~ By: Jim Jimison, Vice President, Land Resources Authorized Representative C.•IDEVELOPMENT, PRIVATEIDublin RanchLSorrento-EastlTract 7983-Nerghborhood IIILong Term Encroachment Agree TracT 7983.doc 4 ~3 a3 RESOLUTION NO. -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTING PARK LAND DEDICATION CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7656 (SORRENTO EAST-NEIGHBORHOOD 10 (NORTH) SR STRUCTURED LOT OPTIONS I, LLC) WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes; and WHEREAS, the subdivider of the property, SR Structured Lot Options I, LLC (Developer), is filing Tract 7656 Final Map which will create 57 residential lots for development; and WHEREAS, the Park Land requirements for the project based on the requirements of the Municipal Code and the designated land use for Tract 7656 are 1) Dedication of 0.399 acres of Community Park Land or payment of Community Park Land In-Lieu Fees, and 2) Dedication of 0.171 acres Neighborhood Park Land or payment of Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer has possession of credits for 0.399 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 7656; and WHEREAS, Developer has possession of credits for 0.171 acres of Neighborhood Park Land credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 7656. NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.399 acres Community Parkland Credits and 0.171 acres of Neighborhood Park Land credits are hereby. accepted as performance of said subdivider's obligation under Subdivision Requirements in Chapter 9.28 of the Dublin Municipal Code. PASSED, APPROVED AND ADOPTED this 19th day of July, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ~ ATTEST: Mayor City Clerk G:~DEVELOPMENT, PRNATE~Dublin Ranch\Sorrento-East\Tract 7656-Neighborhood lO~Reso~arkland dedicai ATTA C H M E N T 5'~