HomeMy WebLinkAbout4.7 Brannigan St Final Mapor
19 82
/ii � 111
DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
February 19, 2013
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -60
SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of
Agreement for Long -Term Encroachment for Landscape Features, Approval of
Stormwater Treatment Measures Maintenance Agreement, and Acceptance of
Park Land In -Lieu Fees for Tract 8093, Brannigan Street
Prepared by Ananthan Kanagasundaram, Associate Engineer
EXECUTIVE SUMMARY:
Lennar Homes of California, Inc., a California Corporation is filing Final Map 8093 to subdivide
Parcel 1 of Parcel Map 9451 into 19 residential lots. Tract 8093 is located along the west side of
Brannigan Street near the intersection of Gleason Drive. Lennar Homes of California, Inc. will
also be constructing certain public improvements on Brannigan Street and Gleason Drive with
this project.
FINANCIAL IMPACT:
Lennar Homes of California, Inc., a California Corporation has provided Performance Bonds and
Labor & Materials Bonds, to guarantee construction of the street, grading, utility improvements
and landscaping to be constructed with Tract 8093, and will pay the cost of construction
inspection. Once the improvements are accepted, the City will incur maintenance costs for
City- maintained improvements constructed with Tract 8093. The Homeowners' Association will
be responsible for maintaining the project landscape features within the public right -of -way, and
for maintaining the stormwater treatment measures constructed with this project.
Parkland dedication requirements have been satisfied with a payment of $198,797 for
Community Park Land In -Lieu Fees and Neighborhood Park Land In -Lieu Fees.
RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt the Resolution Approving Final Map and Tract
Improvement Agreement for Tract 8093, Brannigan Street; 2) Adopt the Resolution Approving
Agreement for Long -Term Encroachment for Landscape Features with Tract 8093; 3) Adopt the
Resolution Approving Stormwater Treatment Measures Maintenance Agreement with Brannigan
Street -Tract 8093; and 4) Adopt the Resolution accepting Park Land In -Lieu Fees for Park Land
Dedication Requirements for Tract 8093.
Page 1 of 3 ITEM NO. 4.7
�bmitted by - -`S bmitted"' y Reviewed By
Public Works Director Interim Administrative Economic Development Director/
Services Director Public Information Officer
DESCRIPTION:
The Planning Commission adopted Resolution 12 -12 on March 27, 2012 approving a Site
Development Review Permit and Vesting Tentative Tract Map 8093 for 19- single family
detached units for a three -acre site located along the west side of Brannigan Street north of
Gleason Drive.
Lennar Homes of California, Inc., the buyer /developer of Tract 8093, will construct certain
improvements on Brannigan Street and Gleason Drive as required by the Conditions of
Approval for Tract 8093 with the Tract Improvement Agreement for Tract 8093.
Lennar Homes of California, Inc. is filing Final Map 8093 to subdivide Parcel 1 of Parcel Map
9451 into 19 lots.
Tract 8093 Final Map has been reviewed and found to be in conformance with the Vesting
Tentative Map and Conditions of Approval for Tract 8093 adopted by Planning Commission
Resolution No. 12 -12 on March 27, 2012. The developer, Lennar Homes of California, Inc., has
submitted the signed Tract Improvement Agreement, together with a Grading Permit Bond
provided by RLI Insurance Company in the amount of $193,000 for Rough Grading (Bond No.
CMS0269038), the required Performance and Labor & Materials Bonds provided by RLI
Insurance Company in the amount of $144,000 for the Public Improvements -Tract 8093 (Bond
No. CMS02070318), and the required Performance and Labor & Materials Bonds provided by
Developers Surety and Indemnity Company in the amount of $864,000 for the Private
Improvements -Tract 8093 (Bond No. 387888S).
Agreement for Long Term Encroachment for Landscape Features
The Agreement for Long Term Encroachment for Landscape Features with Tract 8093 provides
for the Homeowners Association to maintain landscaping in the planter strips along the project
frontage that is within the public rights -of -way. (Attachment 4)
Stormwater Treatment Measures Maintenance Agreement
The Stormwater Treatment Measures Maintenance Agreement with Brannigan Street — Tract
8093 provides for the Homeowners Association to maintain the stormwater treatment measures
constructed with this project. (Attachment 5)
Parkland Dedication Requirements
Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land
as a condition of final map approval. Staff has prepared a Resolution which outlines the
requirements and how Lennar Homes of California, Inc. will achieve compliance (Attachment 6).
Page 2 of 3
Lennar Homes of California, Inc. has submitted payment of Community Park Land In -Lieu Fees
and Neighborhood Park Land In -Lieu Fees, which will fully offset its Community Park Land and
Neighborhood Park Land dedication requirements. The calculation of the acreage required
and /or in -lieu fees is determined in accordance with City of Dublin Municipal Code Chapter 9.28.
The following table shows how Lennar Homes of California, Inc., will satisfy the Park Land
dedication requirements for Tract 8093:
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 Vesting Tentative Map. Copies of
this report have been provided to Lennar Homes of California, Inc.
ATTACHMENTS: 1. Location Map
2. Reduced Copy of Final Tract Map 8093
3. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 8093, Brannigan Street together with Exhibit "A ",
Agreement
4. Resolution Approving Agreement for Long -Term Encroachment for
Landscape Features with Tract 8093 together with Exhibit "A ",
Agreement
5. Resolution Approving Stormwater Treatment Measures Maintenance
Agreement with Brannigan Street — Tract 8093 together with Exhibit
"A ", Agreement
6. Resolution Accepting Park Land Dedication In -Lieu Fees for Park
Land Dedication Requirements for Tract 8093 ( Brannigan Street:
Lennar Homes of California, Inc.)
Page 3 of 3
Dedication
Requirement
Fees In Lieu
of Dedication
Lennar Homes of
California, Inc. Compliance
Community Park Land
0.1330 acres
$130,416.00
Payment of In -Lieu Fees
Neighborhood Park Land
0.0570 acres
$68,381.00
Payment of In -Lieu Fees
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 Vesting Tentative Map. Copies of
this report have been provided to Lennar Homes of California, Inc.
ATTACHMENTS: 1. Location Map
2. Reduced Copy of Final Tract Map 8093
3. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 8093, Brannigan Street together with Exhibit "A ",
Agreement
4. Resolution Approving Agreement for Long -Term Encroachment for
Landscape Features with Tract 8093 together with Exhibit "A ",
Agreement
5. Resolution Approving Stormwater Treatment Measures Maintenance
Agreement with Brannigan Street — Tract 8093 together with Exhibit
"A ", Agreement
6. Resolution Accepting Park Land Dedication In -Lieu Fees for Park
Land Dedication Requirements for Tract 8093 ( Brannigan Street:
Lennar Homes of California, Inc.)
Page 3 of 3
LOCATION MAP
NOT TO SCALE
VICINITY MAY
NOT TO SCALE
TRACT N0. 8093
BRANNIGAN
BEING A S.,BDIYISION OF PARCEL I OF PARCEL MAP
9451 RTC )PORCH AUGUST 9, 20D7 IN ROOT: 309 OF MAPS
AT PAGE 53. ALAMEDA COUNTED RECORDS.
CT"` OF
I {L
OE LA , AL1MEDA COUNTY, ( BLLI R
CARLSON, BARBEE & GIBSON, INC.
REACT ECOH"EFERS STGENT) ORS PI AVBTRS
N SAN RAMON, CALIFORNIA
JANUARY ENS
OWNER'S STATEMENT
TO UNDERSIGNED, HEREBY STATES THAI THEY ARE THE OWNERS OF ALL THE LANDS DELINEATED
AND EMBRACED WITHIN THE BOUNDARY LINES UPON THE HEREIN EMBRACED MAP EMIILED 'TRACI
8093, BRPNNICNJ, CITY OF DUBLIN, ALPMEOA COUMY, CGIFORNIA CANSISTING OF THREE (3)
E 11) IH
PREPARATION PAID FMLING OF SPIO NMPPEETHAI SAID MAP PARDAULARLY SETSNFORTH AND DESCRIBES
ALL THE LOTS INTENDED FOR SALE BY THEIR NUMBER AN O PRECISE LENGTH AND WIDIH; THAT SAID
MAP PAFCELS OF LPND RESERVED FOR PUBLIC PAR PURP05ES BY THEIR BOUNDARY COURSES AND 'TEATTHE
THE REAL PROPERTY DESCRIBED BELOW 15 DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES'.
I) IF E AREAS DESIGNATED AS 'PUBLIC EERVICE EASEMENT (PEE) AS SHOWN UPON THIS MAP. PURPOSE IF APE FAR N. CONSTRUCTION, ACCESS, AND MAINTENANCE OF 'HE
UNDERGROUND CTILII, STRUCTURES.
2) l NT (EVAE) AS SHOWN
UPON THIS MAP IGARE EFOR THEM PURPOSES OF ACCESS ACCESS EMERGENCY VEHICLES AND
EMERGENCY EOUIPMENI.
TO REAL PROPERTY DESIGNATED AS PARCEL D. WHICH IS COMPRISED OF 05BORNE CIRCLE AND
OR DIE WAY, AS SHOWN UPON THIS MAP, IS FOR PRIVATE ACCESS PURPOSES FOR THE BENEFIT OF
THE LOTS ND PRE NOT DEDICATED l0 THE PUBUG THESE PREAS PRE l0 BE CAST
OWNED AND MAIMAINED BY THE HOMEOWNERS ASSO PRO OF TRACT 8093 IN ACCORDANCE WITH
THE COVENANTS, CONDITIONS, AND RESTRICTIONS GOVERNING TRACI 8093.
THE REAL PROPERTY DESIGNATED AS PARCELS A, B, AND C AS SHOWN UPON THIS MAP, ME
COMMON AREAS FOR THE USE OF PEDESTRIAN ACCESS, SIORM DRAINAGE, AND LANDSCAPING, AND
S NOT HALL RE THE
RESPONSIBILITY OF THE HOMEOWNERS ASSOGATION OF TRACT 8093 IN ACCORDANCE WITH THE
COVENANTS, CONDITIONS AND RESTRICTIONS GOVERNING TRACT 8093.
THE REAL PROPERTY DESCRIBED BELOW 15 DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES'.
THE PREAR DESIGNATED AS 'DERSES ARE IRREVOCABLY OFFERED FOR DEDICATION TO DUBLIN SAN
RAMON SERVICES DISTRICT HASSE), OR ITS DESIGNEE IN GROSS, AS A SUBSURFACE EASEMENT AND
SURFACE EASEMENT FOR POTABLE AND RECYCLED WATER AND SANITARY SEWER PURPOSES.
INCLUDING ACCESS THERETO. FOR CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND
REPLACEMENT OF WORKS, IMPROVEMENTS, AND STRUCTURES, AND THE CLEARING OF OBSTRUCTIONS
AND VEGETATION. NO BUILDING OR STRUCTURE MAY BE PLACED ON SAID EASEMENI, NOR SHALL
ANYTHING BE DONE THEREIN. NOR ACCESS RESTRICTED THERETO. WHICH MAY INTERFERE WITH
DSRSD'S FULL ENJOYMENT OF SAID EASEMENT. ACCEPTANCE OF SAID EASEMENT WILL BE MADE BY
SEPARATE INSTRUMENT SUBSEQUENT TO THE FILING OF THIS MAP.
OWNER LENNAR HOMES OF CALIFORNIA INC, A CALIFORNIA CORPORATION
6111 BOLLINGER CANYON ROAD. SUITE 550
SAN RAMON, CA 94583
195195 =ODD
OWNER'S ACKNOWLEDGEMENT
STATE OF -j SS
COUNTY OF
ON
--- ---- - - - -__ B[F ORf ME -------------------------- A
NOTARY PUBLIC IN AND FOR SPID COUNTY AND SALE, PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF
SATISFACTORY H P
SON(S WHOSE NAMES IS /ARE SUBSCRIBED 10 THE WIIUN
INSTRUMENT AND ACKNOWLEGfD TO ME THAI HE /5HE/THEY EXECUTED THE SAME IN
HIS /HER/THEIR AUTHORIZED CAPAGTY(IES), AND THAT BY HIS /HER/THEIR SIGNATURE(,) ON THE
INSTRUMENT THE PERSONS) OR THE EMILY UPON BEHALF OF WHICH THE PERSON(S) ACTED,
EXECUTED THE IN I
CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE'.
NAME (PRINT):
PRINCIPAL COUNTY OF BUSINESS
MY COMMISSION NO.: _
My COMMISSION EXPIRES
TRIICTCCIC CTATCNRCAIT
TRUSTEE'S ACKNOWLEDGEMENT
STATE OF 1 SS
COUNTY OF '
ON - - - BEFORE ME, --------------------------- A
NOTARY PUBLIC IN AND FOR SAID COH IY AND STATE. PER50NALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAMES IS /ARE SUBSCRIBED TO THE WITHIN INDIA U SENT AND ACKNOXEDGED TO ME TAT HE/SHEIHEY EXECUTED
HIS /HER/THYP AUTHORIZE CAPACITY(IES)H AND THAT BY HIS /HER/IHEIR THE 51GNAIURE(5) ON THE
INSTRUMENT THE PERSONS OR THE EMITY UPON BEHALF OF WHICH THE PERSON(E) ACTED,
EXECUTED THE INSTRUMENT.
CERTIFY UNDER PENApY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE
FOREWIIA PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE'.
NAME (PRINT).
PRINCIPAL COUNTY OF BUSINESS
My COMBISSION NO
MY COMMISSION EXPIRES
COUNTY RECORDER'S STATEMENT
FILED FOR RECORD THIS DAY GF 20_ AT M., IN
BOOK OF MAPS Al PAGES Al THE REQUEST OF NORTH AMERICAN
IDLE COMPANY.
FEE:$ PD. SERIES NG,
QTTPA77V[1O'Q QTATAAJFTVT
THIS MAP WAS PREPARED RY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN
CONFORMANCE WITH THE REOUIREMENIS OF THE SUBDIVISION MAP MT AND LOCAL ORDINANCE AT El TIE I OF CALIFORNIA IN MAY 2011 Y E SO IS TRUE AND IF "' AS SHOWN AND THAT ALL MONUMENTS ARE OF THE CHARACTER AND
OCCUPY THE POSITIONS INDICATED OR WILL BE SET IN THOSE POSITIONS BEFORE DECEMBER 51,
2014, AND THAT THE MONUMENTS ARE OR WILL BE SUFFICIENT 10 ENABLE THE SURVEY 10 Bf
RETRACED, AND THAT THIS FINAL MAP SUBSIANUALLY CONFORMS TO THE CONDITIONALLY APPROVED
TENTATIVE MAP.
CHRISTOPHER S HARMISON. RLS CV DATE
LA, NO 7176
Ql1TT C DPTIODT
CITY ENGINEER'S STATEMENT NED HElElY
SUBSIANIIALLYEIHEA'AME AS IIX APPEARED ONM THE APPROVED IEMAIIVE MAP AND ANY APPROVED
AND ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF CHAPTER 2 OF SUBDIVISION 2 OF TITLE
7 OF THE CALIFORNIA GOVERNMENT CODE (SUBDIVISION MAP ACT) AND ANY LOCAL ORDINANCES
APPLICABLE AT THE TIME OF APPROVAL OF THE IENIADDE MAP HAW BEEN COMPLIED WIIH,
ASSISTANT CITY ENGINEER'S STATEMENT
HEREBY STATE THAI I HAVE EXAMINED THIS MAP AND I AM SATISFIED THAT SAID MAP IS
TECHNICALLY CORRECT.
195195 =ODD
TRACT N0. 8093
BRANNIGAN
BENIi A E_ADR'ISION OF PARCEL I OF PARCEL MAP
B4;I REGARDED AUGUST 9, 2007 IN BOOK 90.1 AE MAPS
AT PAGE �3. ALANIEDA COL'VTO RECORDS.
CTTV OR DCIRI m, AT_AMF.DA COUNTY, C STORM A.
CARLSON, BARBEE & GIBSON, INC.
CIR7 FOOGNFERS SLRMVORS PI OWNERS
SAN RAMON, ('ALIFOR USIA
JANUARY 2913
PLANNING MANAGER'S STATEMENT
THIS MM CONFORMS TO THE TENTATIVE MAP AND CORRESPONDING ON PDONS AS APPROVED BY
lHE PLANNING COMMISSION ON MARCH 27, 2012. THIS MAP HAS BEEN RENEWED BY ME AND THE
CONDITIONS OF APPROVAL HAW BEEN SATISFIED,
CTTY CLERK'S STATEMENT
CLERK OF THE BOARD OF SUPERVISOR'S STATEMENT
I, CHERYL PFRrcINS, ASSISTANT CLERK OF ME BOARD OF SUPERVISORS OF THE COUNTY OF
ALAMEDA, SIAIE OF CALIFORNIA, DO HEREBY STATE, AS CHECKED BELOW, THAT
❑ AN APPROVED BOND HAS BEEN FILED WIIH THE SUPERVISORS OF SAID COUNTY AND STATE
IN THE AMOUNT OF 9-CONDITIONED FOR THE PAYMENT OF ALL TAXES AND
SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH ARE NOW A LIEN AGAINST SAID LAND
OR ANY PART THEREOF BUT NOT LEI PAYABLE, AND WAS DULY APPROVED BY SAID BOARD
IN SAID AMOUNT.
IF A SPEGPL ASSESSMENTS COLLECTED AS TAXES HAVE SEEN PAID AS CERTIFIED
BY THE TREASURE -TAI COLLECTOR OF THE COUNTY OF ALAMEDA,
TIN U
(NESS ,I HEREUNTO SET MY HAND TUS
NOTES
THE PROPERTY IS ENCUMBERED BY THE FOLLOWING TERMS PROVISIONS. AND EASEMENTS. PER TITLE
REPORT PREPARED BY NORTH AMERICAN TITLE COMPANY, ORDER N0. 54606- 1159920 -12. DATED
JUNE 27, 2012'.
1. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED 'MASTER DEVELOPMENT
AGREEMENT' RECORDED JULY 8 199 AS INSTRUMENT NO 99251790 OF OFFICIAL RECORDS
THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "SUPPLEMENTAL
FIVE AGREEMENT" RECORDED NOVEMBER 13, 2000, INSTRUMENT NO 2000335772 OF
OFFICIAL RECORDS.
THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED 'ESTOPPEL CERTIFICATE -
DUBLIN RANCH DEVELOPMENT AGREEMENT" RECORDED APRIL 10, 2002, INSTRUMENT NO.
2002158247 OF OFFICIAL RECORDS
THE TERMS AND DECISIONS CONTAINED IN THE DOCUMENT ENTITLED 'ASSIGNMENT OF
DEVECONTAINED OPMENT AGREEMENT" RECORDED JANUARY 9, 2004, INSTRUMENT N0. 2004011638 OF RECORDS
DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED OCTOBER 21, 2005 AS
INSTRUMENT NO 2005455429 OF OFFICIAL RECORDS
2 THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED 'ASSIGNMENT AND
ASSUMPTION AGREEMENT' RECORDED APRIL 3, 2001 AS INSTRUMENT NO 2001112431 OF
IFFICIAL RECORDS
S THE EFFECT OF A FINANCING STATEMENT RECORDED JUNE 4, 2012 AS INSTRUMENT NO
20- OF OFFICIAL RECORDS
4 THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED DEVELOPMENT AGREEMENT,
fXECUIED BY AND BETWEEN Cltt OF DUBLIN, A MUNICIPAL CORPORATION AND LENNAR HOMES
OF CALIFORNIA INC., A CALIFORNIA CORPORATION, RECORDED JUNE 11, 2012, AS INSTRUMENT
NO INSTRUMENT NO 2012189365 OF OFFICIAL RECORDS.
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NOT TO SCALE NOT TO SCALE NOT TO SCALE NOT TO SCALE
SEa000
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS SURVEY IS DETERMINED BY FOUND
MONUMEN15 IN BRANNIGAN STREET, THE BEARING BEING N0— "E PER
PARCEL MAP 9451 (300 PM 53).
LEGEND
- — SUBDIWSION RODNDARY
RIGHT OF WAY LINE
LOT LINE
EASEMENT LINE
CENTERLINE
MONUMENT LINE
(R) RADIAL
(M -M) MONUMENT TO MONUMENT
(M-PL) MONUMENT TO PROPERTY LINE
(A) INDICATES REFERENCE NUMBER
I FOUND STANDARD STREET MONUMENT, AS NOTED
o ANDARD STREET MONUMENT, LS 5
DSRIA DUBLIN SAN RAMAN SERVICES DISTRICT
PIE PUBLIC SERVICE EASEMENT
VEHICLE ACCESS EASEMENT
LL LOT LINE
REFERENCES
(1) PARCEL MAP 9451 (300 M 53)
(2) TRACT 6964 (2417 M 44)
(3) TRACT 17282 (289 M 178)
(4) TRACT 17281 (2717 M 82)
TRACT N0. 8093
BRANNIUAN
BL A SL'BINA ISSUING ON PARCEL I OF PAJZCa \LAP
911 LLCE RDrD AILCT ST 9 007 IN BOOR 3bO Or 1LAPS
Al PAGL M1 ALAyEDA CO NI] IUCORDS.
CITYOFIA BLIN, ALA\4ED.A COUNT), CALIFORNIA.
CARLSON BARBEE & GIBSON, INC.
CIVILEN INFERS SURVEYORS PLANSAER.S
SA"" CALLED 01
SCALE: 1" =4P JANUARY 2013
40 0' 20' 40' 80' 130'
GRAPHIC SCALE
SHEET 3 OF 3
RESOLUTION NO, -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 8093, BRANNIGAN STREET
WHEREAS, the Final Map for Tract 8093, 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, Lennar Homes of California, Inc., a California Corporation,
has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8093 to
improve required subdivision improvements in accordance with the Conditions of Approval for
the Vesting Tentative Map, and with the improvement plans attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by a grading bond furnished
by the RLI Insurance Company in the amount of $193,000.00 for work related to rough grading
(Bond No. CMS0269038)
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the
Developers Surety and Indemnity Company in the amount of $864,000.00 for the Brannigan
Street -Tract 8093 - Private Improvements (Bond No. 387888S), and secured by bonds furnished
by the RLI Insurance Company in the amount of $144,000.00 for the Brannigan Street -Tract
8093 - Public Improvements (Bond No. CMS02070318), conditioned upon faithful performance of
said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by the
Developers Surety and Indemnity Company in the amount of $864,000.00 for the Brannigan
Street -Tract 8093 - Private Improvements (Bond No. 387888S), and secured by bonds furnished
by the RLI Insurance Company in the amount of $144,000.00 for the Brannigan Street -Tract
8093 - Public Improvements (Bond No. CMS02070318), conditioned upon payment for labor
performed or material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby
approved.
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."
BE IT FURTHER RESOLVED that the Final Map of Tract 8093 is hereby approved, and
that rights to the areas marked as Public Service Easement (PSE) and Emergency 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 February, 2013 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
GADEVELOEMENT, RRIVAMBrannigan Street - Lennar - Tract 80931Reso FM 8093.doo
2
EXHIBIT "A"
AGREEMENT
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 8093 - BIZANNIGAN STREET
This agreement is made and entered into this 19`x' day of February, 2013, by and between the
City of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and Lennar Homes of
California, Inc., a California 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 8093, also known as Brannigan Street desires to
improve those improvements (hereafter "The Improvements ") in accordance with the requirements and
conditions set forth in the City of Dublin Planning Commission Resolution No. 12 -12, adopted on
March 27, 2012; 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
approved by the City Engineer, as follows:
• " Brannigan Street - Tract 8093 --- Pi -Nate Irnprovenient Plans ", (10 Sheets, Sheets 1 -10),
prepared by Carlson, Barbee & Gibson, Inc., dated January 2013 with any modifications as
necessary for City approval
• "Brannigan Street — Ti-act 8093 — Private Landscape hnprovenlent Plans, (15 Sheets, Sheets
L1.01- L7.01) by HLD Group, dated January 2013 with any modifications as necessary for City
approval.
• " Brannigan Street — Tr-act 8093 — Joint Trench Composite ", (4 Sheets, Sheets JTI -JT4),
prepared by Giacalone Utility Design, dated July 12, 2012 with any modifications as necessary
for City approval.
• " Brannigan Street — Ti-act 8093 -- Private Street Lighting Plans ", (2 Sheets, Sheets SL 1 -SL2),
prepared by Giacalone Utility Design, dated January 2013 with any modifications as necessary
for City approval.
• " Brannigan Street — Tract 8093 — PG&E, Gas Construction Dralvrngs ", (2 Sheets, Sheets GI -
G2), prepared by Giacalone Utility Design, dated 10 -11 -2012 with any modifications as
necessary for PG &E approval.
• " Brannigan Street -- Tract 8093 Public hnproveinent Plans ", (12 Sheets, Sheets 1 -12),
prepared by Carlson, Barbee & Gibson, Inc., dated July 2012 with any modifications as
necessary for City approval.
• "Gleason Drive at Brannigan Street -- Traffic Signal Modifications ", (5 Sheets, Sheets TS -1 to
TS-5), prepared by TJKM, dated 1012112 with any modifications as necessary for City
approval.
• "Brannigan Street — Tract 8093 — Rough Grading Plans ", (6 Sheets, Sheets 1 -6), prepared by
Carlson, Barbee & Gibson, Inc., dated October 2012, and signed by the City Engineer on
October 31, 2012.
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 forth at length herein; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the
time hereinafter specified, and where applicable, CITY intends to accept DEVELOPER's offer(s) of
easements in consideration for DEVELOPERS satisfactory performance of the terns 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:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this agreement. DEVELOPER shall complete said work
not later than two years following said date of execution 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 Estimates -- Brannigan Street — Tract 8093, prepared by Carlson, Barbee &
Gibson, Inc.:
• Rough Grading (estimate dated 10 /5 /12) S 193,000.00
• Private Improvements (estimate dated 12119/12) $ 854,000.00
• Public Improvements (estimate dated 1/23/13) $ 144,000.00
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:
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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
ftimishing 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 indernitee 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.
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 forth 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:
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1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If connnercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project /location or the general aggregate limit shall be
twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
C. Deductibles and Self- Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of the CITY,
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 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, 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,
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2) Workers' Compensation and Employers Liability Coverage.
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 requited 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 Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements
are to be received and approved by the CITY before work commences.
The CITY reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/or DEVELOPER's general
contractor shall include all subcontractors as insureds under its 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.
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In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the
right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay
to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the
contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or welfare,
CITY shall have the right to immediately repair, or cause to be repaired, such defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing
statement relating to hazards to health and safety shall be deemed to include either temporary or
permanent repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or
performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such
repair or work, fifty percent (50 %) of such costs and expenses for overhead and interest at the
maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such
work or repairs.
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.
G. Agreement Assigning .
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY,
which shall not be unreasonably withheld, denied, or delayed.
7. Abandomnent of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's obligations
under this Agreement,
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any extension
thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be
adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER`s
creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER`s
contractors, subcontractors, agents or employees should violate any of the provisions of this
Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and
DEVELOPEWs surety or holder of other security of breach of this Agreement, or of any portion,
thereof, and default of DEVELOPER.
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In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have
the duty to take over and complete The Improvements herein specified; provided, however, that if the
surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY
written notice of its intention to take over the performance of the contract, and does not commence
performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over
the work and prosecute the same to completion, by contract or by any other method CITY may deem
advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be
liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY
thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in
completing the work, such materials, appliances, plant and other property belonging to DEVELOPER
as may be on the site of the work and necessary therefor.
All notices herein required shall be in writing, and delivered in person or sent by registered
mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
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 follows:
Lennar Homes of California, Inc.
6111 Bollinger Canyon Road, Suite 550
San Ramon, CA 94583
Attn: Brent Reed, Forward Planning Manager
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Bond # CMS0269038 Bond #387888S
Bond # CMS02070318 Developers Surety and Indemnity Company
RLI Insurance Company P.O. Box 19725
8094 N Lindbergh Drive Irvine, CA 92623
Peroia, IL 61615
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
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or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building
Official may withhold the issuance of building or occupancy permits when the work or its progress
may substantially and /or detrimentally affect public health and safety.
9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory
signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to
prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and
maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other
safety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shown
on the plans and included in the items of work) shall be removed from site of the work by the
DEVELOPER, and the entire site left clean and orderly.
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 Copyright 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 fiom 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 Primarily Liable. DEVELOPER hereby warrants that the design and
construction of The Improvements will not adversely affect any portion of adjacent properties
and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify,
defend, release, and save harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, from and against any and all loss, claims, suits,
liabilities, actions, damages, or causes of action of every kind, nature and description, directly
or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations hereunder;
provided as follows:
1) That CITY does not, and shall not, waive any rights against DEVELOPER
which it may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the
insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to
all damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this paragraph,
regardless of whether or not CITY has prepared, supplied [STAYS], 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) Design 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. 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.
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
Joni Pattillo, City Manager
b
ATTEST:
City CIerk
DEVELOPER
Lennar Homes of California, Ire.,
A California Corporation
By:-
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Title
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
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personally appeared,
Name($) of Signers}
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commission # 1951289
Notary Public . California
Contra Costa County
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who proved to me on the basis of satisfactory evidence to
be the person(A) whose name(g) is/are-subscribed to the
within instrument and acknowledged to me that
he /sheAhey executed the same in his/herAheir authorized
capacity(ies), and that by his/harAheir signatureo) on the
instrument the person(;), or the entity upon behalf of
which the person($) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
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Place Notary Seal Above Signature Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Title or Type of Document: x I's. r 4 i t
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Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGIMHUMBPRINT
OF SIGNER
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Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
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OF SIGNER
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02007 National Notary Association • 9350 De Wo Ave., P.O. Box 2402 - Chatsssorth, CA 91313- 2402 - v ;,%Y.NabonalNotaryorg (tern @5907 Reorder CalTal-Free 1- 800876 -&827
RESOLUTION NO. -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS
FOR LANDSCAPE FEATURES WITH TRACT 8093
WHEREAS, a Site Development Review Permit and Vesting Tentative Tract Map 8093
for 19 Single - Family Detached Units for a 3 -Acre Site Located Along the West Side of
Brannigan Street North of Gleason Drive was approved by Planning Commission Resolution 12-
12 on March 27th, 2012, 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 8093 attached hereto as
Exhibit 'A" which will be recorded against the property concurrently with the Tract 8093 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 February, 2013.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
GADEVELOPMENT, PRIVATEV3rannigan Street - Lennar - Tract 80MReso[ution LongTermEncrAgree.doc
EXHIBIT "A"
AGREEMENT
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN
TRACT 8093 - BRANNIGAN STREET
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 8093 ( "Agreement") is made between the City of Dublin ( "City ")
and Lennar Homes of California, Inc., a California Corporation ( "Owner ").
1. Property:, The subject property is Tract 8093 as filed in Book of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Owner is the owner of Tract 8093, Brannigan Street, ( "Project ").
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 8093: Gleason Drive and Brannigan Street
(collectively, the "Landscape Features "). The specific location and description of
this Project related Landscape Features with regard to Tract 8093 are shown on
the attached Exhibit A. Construction details for these Landscape Features are
shown on the plans, " Brannigan Street — Tract 8093 — Landscape .Improvement
Plans ", (15 Sheets, Sheets L -1.01 to L- 7.01), prepared by HLD Group, and
approved by the City Engineer.
4. Encroachment Permit: Owners shall apply to the City for an encroaclunent
permit for work to be performed pursuant to this Agreement. The City must grant
the encroaclunent 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
encroaclunent permit.
5. Ownership: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, monuments, etc., as provided in Exhibit A.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape Features improvements, including all frontage, median and island
landscape plantings, and irrigation, sidewalks and decorative pavement 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. Owners will be responsible at its sole cost to replace or
repair any Landscape Feature, including decorative pavement, damaged or
removed during the maintenance or repair of sewer, water, drainage or utility
Nvc- 115073
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
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,
streetlights, and any other features in the public right of way outside of the areas
designated as Landscape Features on Exhibit A,
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 named insured,
9. Indemnification: Owners shall indeirmify, defend and hold the City harmless
front 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 asset
forth in this Agreement shall exist in perpetuity, and are appurtenant to the
Property.
11, Right to Assign: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Bratmigan Street or to a successor in interest of Owners with respect to all or a
portion of the Project; provided, however, that no such assigiunent 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 witlthcld, conditioned or delayed.
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 Lennar Homes of California, Inc., and all successors and assigns of
Lennar Homes of California, Inc., including but not limited to the Brannigan
Street Homeowners' Association.
2
wc- 115073
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: Michael Snoberger
Land Purchasing Manager
6111 Bollinger Canyon Road, Suite 550
San Ramon, CA 94583
(925) 327 -8306
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 Agreement. 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
wc- 115073
Dated this day of , 2013.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
Name:
Title:
OWNERS:
Lennar Homes of California, Inc.
A California Corporation
By:
Print ame
Title
GADEVELOPMENT, PRIVATEM3rannigan Street - Lennar - Tract 80UAgreement - LTEA - Tract 8093.doc
4
wc- 115073
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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WITNESS my hand and official seal.
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02037Na5xkd Notary Assodatim -9350 De Soto Ave., P.O. Box 2402•Chatsvath,GA91313 -2402 Ntrnv.NaVona1Notaryorg Item #5907 Reorder:CaHTod- Free1- 803 -876-6827
RESOLUTION N0, -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING STORMWATER TREATMENT MEASURES
MAINTENANCE AGREEMENT
WITH BRANNIGAN STREET - TRACT 8093
WHEREAS, a Site Development Review Permit and Vesting Tentative Tract Map 8093
for 19 Single - Family Detached Units for a 3 -Acre Site Located Along the West Side of
Brannigan Street North of Gleason Drive was approved by Planning Commission Resolution 12-
12 on March 27th, 2012, with Conditions of Approval; and
WHEREAS, said Conditions of Approval required the developer to enter into construct
project - related stormwater treatment measures with this project; and
WHEREAS, said Conditions of Approval required the developer to enter into a
°Stormwater Treatment Measures Maintenance Agreement" for the maintenance of the
stormwater treatment measures; and
WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater
Treatment Measures Maintenance Agreement" with Tract 8093 attached hereto as Exhibit "A,"
which will be recorded against the property concurrently with the Tract 8093 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 February, 2013.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
EXHIBIT "A"
AGREEMENT
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
STORMWATER TREATMENT MEASURES
MAINTENANCE AGREEMENT
This Stormwater Treatment Measures Maintenance Agreement ( "Agreement ") is
entered into this , 2013 by and between the City of Dublin ( "City ")
and Lennar Homes of California, Inc., A California Corporation, a property owner of real
property described in this Agreement.
RECITALS
A. On February 19, 2003, the Regional Water Quality Control Board, San Francisco
Bay Region, adopted Order R2- 2003 -0021, CAS0029831, reissuing the Alameda
Countywide NPDES municipal stormwater permit for the Alameda Countywide Clean
Water Program; and
B. Provision C.3.e.ii. of this NPDES permit, and as it may be. amended or reissued,
requires the permittee public agencies to provide minimum verification and access
assurances that all treatment measures shall be adequately operated and maintained by
entities responsible for the storm water treatment measures; and
C. The Property Owner, Lennar Homes of California, Inc., A California Corporation,
is the owner of real property commonly known as Brannigan Street — Tract 8093 (the
"Property "), subject to the conditions of approval of Planning Commission Resolution
No. 12 -12, PLPA -2011- 00039, approved March 27, 2012, and more particularly
described in the attached legible reduced -scale copy of the Site Plan or comparable
document (Exhibit A) upon which stormwater treatment measures are located or to be
constructed; and
D. The City is the permittee public agency with jurisdiction over the Property.
E. The Property Owner, its administrators, co- owners, executors, successors,
heirs, assigns or any other persons, including any homeowners association (hereinafter
referred to as "Property Owner") recognizes that the storm water treatment measure(s)
more particularly described and shown on Exhibit B (Location Form), "Private
Improvement Plans Branni an Street - Tract 8093 CitV of Dublin California" (10
Sheets), prepared by Carlson, Barbee & Gibson, Inc., of which full -scale plans and any
amendments thereto are on file with the Public Works Department of the City of Dublin
must be installed and maintained as indicated in this Agreement and as required by the
C- .000UME-1lbreed\ LOCALS- 11Tempinotes87944810 &M Stormwater Agreement.doc
Page t of 6
NPDES permit.
F. The City and the Property Owner agree that the health, safety and welfare of the
citizens of the City require that the stormwater treatment measure(s) detailed in the Site
Plan or comparable document be constructed and maintained on the Property; and
G. The City's Stormwater Management Program, guidelines, criteria and other
written directions require that the stormwater treatment measure(s), as shown on the
approved Site Plan or comparable document, be constructed and maintained by the
Property Owner
NOW, THEREFORE, with reference to the above recitals and in consideration of
the mutual promises, obligations, and covenants herein, City and Property owner agree
as follows:
SECTION 1: CONSTRUCTION OF TREATMENT MEASURES
The on -site stormwater treatment measure(s) shown on the Site Plan or
comparable document shall be constructed by the Property Owner in strict accordance
with the approved plans and specifications identified for the development and any other
requirements thereto which have been approved by the City in conformance with
appropriate City ordinances, guidelines, criteria and other written direction.
SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY
This agreement shall serve as the signed statement by the Property Owner
accepting responsibility for operation and maintenance of stormwater treatment
measures as set forth in this Agreement until the responsibility is legally transferred to
another entity. Before the Property is legally transferred to another entity, the Property
Owner shall provide to the City at least one of the following:
1) A signed statement from the public entity assuming post - construction
responsibility for treatment measure maintenance and that the treatment measures
meet all local agency design standards; or
2) Written conditions in the sales or lease agreement requiring the buyer or lessee to
assume responsibility for operation and maintenance (O &M) consistent with this
provision, which conditions, in the case of purchase and sale agreements, shall be
written to survive beyond the close of escrow; or
3) Written text in project conditions, covenants and restrictions (CC &Rs) for
residential properties assigning O &M responsibilities to the home owners association for
O &M of the treatment measures; or
4) Any other legally enforceable agreement or mechanism that assigns responsibility
for the maintenance of treatment measures.
SECTION 3: MAINTENANCE OF TREATMENT MEASURES
The Property Owner shall not destroy or remove the stormwater treatment
measures from the Property nor modify the stormwater treatment system in a manner
that lessens its effectiveness, and shall, at its sole expense, adequately maintain the
stormwater treatment measure(s) in good working order acceptable to the City and in
accordance with the Treatment Measure Operation and Maintenance Inspection Report
(TMOMIR) agreed hereto an example of which is attached as Exhibit C (TMOMIR).
This includes all pipes, channels or other conveyances built to convey stormwater to the
C:1 flOCUME- 1lbreedlLOCALS M11Tempinotes87944B10 &M StormwaterAgreement.doc
Page 2 of 6
treatment measure(s), as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the stormwater. Adequate maintenance is herein
defined as maintaining the described facilities in good working condition so that these
facilities continue to operate as originally designed and approved. The TMOMIR shall
include a detailed description of and schedule for long -term maintenance activities.
SECTION 4: SEDIMENT MANAGEMENT
The Property Owner will manage sediment accumulation resulting from the normal
operation of the stormwater treatment measure(s) appropriately. The Property Owner will
provide for the removal and disposal of accumulated sediments. Disposal of accumulated
sediments shall not occur on the Property, unless provided for in the TMOMIR. Any
disposal or removal of accumulated sediments or debris shall be in compliance with all
federal, state and local law and regulations.
SECTION 5: ANNUAL INSPECTION AND REPORT
The Property Owner shall, on an annual basis, complete the Treatment Measure
Operation and Maintenance Inspection Report (annual report), attached to this agreement
as Exhibit C. The annual report shall include all completed Inspection and Maintenance
Checklists Exhibit D (Check List) for the reporting period and shall be submitted to the City
in order to verify that inspection and maintenance of the applicable stormwater treatment
measure(s) have been conducted pursuant to this agreement. The annual report shall be
submitted no later than December 31 of each year, under penalty of perjury, to the City of
Dublin NPDES Coordinator at the City of Dublin, 100 Civic Plaza, Dublin CA, 94568 or
another member of the City staff as directed by the City. The Property Owner shall provide
a record of the volume of all accumulated sediment removed from the treatment
measure(s) in the annual report. The Property Owner shall conduct a minimum of one
annual inspection of the stormwater treatment measure(s) before the wet season. This
inspection shall occur between August 1St and October 1St each year. The TMOMIR,
Exhibit C, may require more frequent inspections. The results of inspections shall be
recorded on the Model Inspection & Maintenance Checklist(s) attached as Exhibit D.
SECTION 6: NECESSARY CHANGES AND MODIFICATIONS
At its sole expense, the Property Owner shall make changes or modifications to
the stormwater treatment measure(s) and/or the TMOMIR, Exhibit C, as may be
determined as reasonably necessary by the City to ensure that treatment measures are
properly maintained and continue to operate as originally designed and approved.
SECTION 7: ACCESS TO THE PROPERTY
The Property Owner hereby grants permission to the City of Dublin; the San
Francisco Bay Regional Water Quality Control Board (RWQCB); the Alameda County
Mosquito Abatement District (Mosquito Abatement District); and their authorized agents
and employees to enter upon the Property at reasonable times and in a reasonable manner
to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that
treatment measures are being properly maintained and are continuing to perform in an
adequate manner to protect water quality and the public health and safety. This includes
the right to enter upon the Property when it has a reasonable basis to believe that a
violation of this Agreement, the City's Stormwater Management Program, guidelines,
criteria, other written direction, or the Alameda Countywide Clean Water Program's
NPDES municipal stormwater permit (Regional Board Order R2- 2003 - 0021, and any
C: IDOCUME— l' breedkLOCALS- 11'rempinotes87944B10 &M Stormwater Agreement.doc
Page 3 of 6
amendments or re- issuances of this permit) is occurring, has occurred or threatens to
occur. The above listed agencies also have a right to enter the Property when necessary
for abatement of a public nuisance or correction of a violation of the TMOMIR criteria or
other written direction. Whenever possible, the City, RWQCB, or the Mosquito Abatement
District shall provide reasonable notice, delivered pursuant to Section 9 of this agreement,
to the Property Owner before entering the property.
SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES
In the event the Property Owner fails to maintain the stormwater treatment
measure(s) as shown on the approved Site Plan or comparable document in good
working order acceptable to the City and in accordance with the TMOMIR, incorporated in
the Agreement, the City, and its authorized agents and employees with reasonable
notice, delivered pursuant to Section 9 of this agreement, may enter the Property and
take whatever steps it deems necessary and appropriate to return the treatment
measure(s) to good working order. Such notice will not be necessary if emergency
conditions require immediate remedial action. This provision shall not be construed to
allow the City to erect any structure of a permanent nature on the Property. It is expressly
understood and agreed that the City is under no obligation to maintain or repair the
treatment measure(s) and in no event shall this Agreement be construed to impose any
such obligation on the City.
SECTION 9: NOTICES
All notices herein required shall be in writing, and delivered by person or send
by registered mail, postage prepaid.
Notices required to be given to the City shall be addressed as follows:
NPDES Coordinator
Public Works Department
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to Property Owner or Property Manager shall be
addressed as follows:
Company Name: Lennar Homes
Attention: Doug Rich
Street Address: 6111 Bollinger C n. Ste. 550
City: San Ramon State:
Telephone Number: 925.242.0837
CA
Zip Code: 94583
Any party may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
SECTION 10: REIMBURSEMENT OF CITY EXPENDITURES
C:I DOCUMEr- l% reedlLOCALS- 91Tempinotes87844BkO &M StormwaterAgreement.doc
Page 4 of 6
In the event the City, pursuant to this Agreement, performs work of any nature
(direct or indirect), including any re- inspections or any actions it deems necessary or
appropriate to return the treatment measure(s) in good working order as indicated in
Section 8, or expends any funds in the performance of said work for labor, use of
equipment, supplies, materials, and the like, the Property Owner shall reimburse the City
of Dublin upon demand within thirty (30) days of receipt thereof for the costs incurred by the
City hereunder, including reasonable mark -ups for overhead and expenses. if these costs
are not paid within the prescribed time period, the City may assess the Property Owner
the cost of the work, both direct and indirect, and applicable penalties. Said assessment
shall be a lien against the Property, or prorated against the beneficial users of the
Property or may be placed on the property tax bill and collected as ordinary taxes by the
City. The actions described in this section are in addition to and not in lieu of any and all
legal remedies as provided by law, available to the City as a result of the Property Owner's
failure to maintain the treatment measure(s).
SECTION 11: INDEMNIFICATION
The Property Owner shall indemnify, hold harmless and defend the City and its
authorized agents, officers, officials and employees from and against any and all claims,
demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and
payments, including attorney fees claimed or which might arise or be asserted against the
City that are alleged or proven to result or arise from the construction, presence, existence
or maintenance of the treatment measure(s) by the Property Owner or the City. In the
event a claim is asserted against the City, its authorized agents, officers, officials or
employees, the City shall promptly notify the Property Owner and the Property Owner
shall defend at its own expense any suit based on such claim. If any judgment or claims
against the City, its authorized agents, officers, officials or employees shall be allowed, the
Property Owner shall pay for all costs and expenses in connection herewith. This section
shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents,
casualties, occurrences, claims and payments, including attorney fees claimed which arise
due solely to the negligence or willful misconduct of the City.
SECTION 12: NO ADDITIONAL LIABILITY
It is the intent of this agreement to insure the proper maintenance of the
treatment measure(s) by the Property Owner; provided, however, that this Agreement shall
not be deemed to create or effect any additional liability not otherwise provided by law of
any party for damage alleged to result from or caused by storm water runoff.
SECTION 13: TRANSFER OF PROPERTY
This Agreement shall run with the title to the land. The Property Owner further
agrees whenever the Property is held, sold, conveyed or otherwise transferred, it shall
be subject to this Agreement which shall apply to, bind and be obligatory to all present
and subsequent owners of the Property.
SECTION 14: SEVERABILITY
The provisions of this Agreement shall be severable and if any phrase, clause,
section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or
unconstitutional by a court of competent jurisdiction, or the applicability to any Property
Owner is held invalid, this shall not affect or invalidate the remainder of any phrase,
clause, section, subsection, paragraph, subdivision, sentence or provision of this
C:IDOCUME-- 1lbreed\ LOCALS-- IXTempinotes87944B\O&M Stormwater Agreement.doc
Page 5 of 6
Agreement.
SECTION 15: RECORDATION
This Agreement shall be recorded by the Property Owner, or by the City by mutual
agreement, within 30 days after the execution date of this Agreement as stated above
among the deed records of the County Recorder's Office of the County of Alameda,
California at the Property Owner's expense.
SECTION 16: RELEASE OF AGREEMENT
In the event that the City determines that the stormwater treatment measures
located on the Property are no longer required, then the City, at the request of the
Property Owner shall execute a release of this Agreement, which the Property Owner, or
the City by mutual agreement, shall record in the County Recorder's Office at the
Property Owner's expense. The stormwater treatment measure(s) shall not be removed
from the Property unless such a release is so executed and recorded.
SECTION 17: EFFECTIVE DATE AND MODIFICATION
This Agreement is effective upon the date of execution as stated at the beginning
of this Agreement. This Agreement shall not be modified except by written instrument
executed by the City and the Property -Owner at the time of modification. Such
modifications shall be effective upon the date of execution and shall be recorded.
CITY: PROPERTY OWNER:
CITY OF DUBLIN
in
Typed or Printed Name
Title
Date
(Attach Notary Acknowledgment)
LENNAR HOMES OF CALIFORNIA, INC.,
A CALIF NIA CORPORATION
By.
Typed or Prf ed Name
t4
Title
Date
C:000UME-Itreed \LOCALS- 1Cfempinotes87944B10 &M StormwaterAgreement.doc
Page 6of6
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of .�a_
On _a,r\. (b 2_3t( =p before me, PDCfu, . .g 1 t c . _,
Date ` Here Insert Nams,Q�dTito of the r
personally appeared _� _
Nameo) of Signer(%
L. BITZER
CommissEon # 1951289
41-
Rotary Public - California Z 'x Contra Costa County
My Comm. Expires Oct 5, 2015
who proved to me on the basis of satisfactory evidence to
be the persons) whose name(s) islap,- subscribed to the
within instrument and acknowledged to me that
he/shoftey executed the same in his/her/their authorized
capacity(ios), and that by hisfiieAheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person,(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature,
_,,
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Place Notary Seal Acme Signature of ]rotary Public
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and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: l P .
Document Date:
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s): —
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
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OF SIGNER
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❑ individual
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Operation and Maintenance Information for Stormwater Treatment Measures
Complete and submit for municipal Stormwater NPDES permit reporting the following information for each new and
redevelopment project where treatment measures have been implemented since February 19, 2003. Information on
This section to be completed by Applicant
Background Information
Location or Address:
Type of Land Use: ❑ Commercial ❑ Industrial
Property Owner's Name:
Parcel/Tract No.:
❑ Residential ❑ Public Agency
Lot No.: APN #
Type of treatment measures implemented:
Describe locations of each treatment measure or attach map showing locations on the property:
Stormwater Treatment Measure Owner or Operator's Information:
Name:
Address:
Phone: Pax: E
Sizing criteria used to design each stormwater treatment measure:
❑ Alameda Countywide Clean Water Program's NPDES permit's Provision C.3.d
❑ Other, describe:
Applicant's Name
Signature
Date
This section to be completed by Agency staff or Applicant
More Detailed Information about Access Assurance and O &M Responsibilities:
Describe how access permission is assured for O &M verification by public agencies or their representatives
(e.g., municipality, Regional Water Quality Control Board, and Mosquito Abatement District):
Indicate how responsibility for O &M is assured. Check all that apply:
❑ Signed statement from private entity accepting responsibility for O &M until responsibility is legally
transferred.
❑ Signed statement from public entity assuming O &M and that the treatment measures meet all local
design standards.
❑ Written conditions in the sales or lease agreement requiring the buyer or lessee to assume O &M (in the
case of purchase and sale agreements, conditions shall survive the close of escrow).
❑ Written text in project conditions, covenants and restrictions for residential properties assigning O &M
responsibilities to the home owners association.
F1 Any other legally enforceable agreement or mechanism that assigns responsibility and describe below.
Local Agency O &M Verification Program
G:IDEVELOPMENT, PRIVATDBrannigan Street - Lennar - Tract 80931SD Maintenance AgreementkO &M location form (Exhibit B).doc
version dated April 11, 2003
Name of municipality or Flood Control District responsible under the NPDES permit for verifying O &M.
Describe where information documenting responsibility for O &M is kept and updated.
EXHIBIT B
Staff Initials
G:IDEVELOPMENT, PRIVATEIBrannigan Street - Lennar - Tract 80931SD Maintenance Agreement\O &M location form (Exhibit B).doc
version dated April 11, 2003
Model O &M Agreement
Attachment:
Stormwater Treatment Measure Inspections,
Operation and Maintenance,
Standard Annual Report Form
EXHIBIT C
Version: May 26, 2004
Exhibit to the
Maintenance Agreement between
[[= =Name o.f Mun cRpa[ity =_]]
and
[[== Property OwnerlResponsib[e Party =_]]:
Stormwater Treatment Measure Inspections,
Operation and Maintenance,
Standard Annual Report Form
Version: Afay 26, 2003
Stormwater Treatment Measure Inspections, Operation and Maintenance,
Standard Annual Report Form for Use in Reporting
To the [[ == Insert Name of Municipality = =]], California
When completed this report form and attached completed Inspection and Maintenance Checklists
will document the inspections and maintenance conducted for the identified stormwater
treatment measure(s) subject to the Maintenance Agreement between the City and the property
owner during the annual reporting period indicated below.
Property Information:
Property Address or APN:
Property Owner:
II. Contact Information:
Name of person to contact regarding this report:
Phone number of contact person: Email:
Address to which correspondence regarding this report should be directed:
III. Reporting Period:
This report, with the attached completed inspection checklists, documents the inspections and
maintenance of the identified treatment measures during the time period from
to
IV. Stormwater Treatment Measure Information:
The following stormwater treatment measures (identified treatment treasures) are located on the
property identified above and are subject to the Maintenance Agreement:
Identifying
Number of
Treatment
Measure
Type of Treatment Measure
Location of Treatment Measure on the
Property
G.(DEVELONN ESN' T, PRWATEIBranniganStred- Lennar- Tract 8693\ SD\ fainterumeAgreemenMt -MStandird Report Form- TMONIM (Exhibit C),doc Page i
Standard Annual Report Form
[[= Ihseif Property Address = =]]
V. Summary of Inspections and Maintenance:
Summarize the following information using the attached Inspection and Maintenance Checklists:
Identifying
Number of
Treatment
Measure
Date of
Inspection
Operation and Maintenance Activities
Performed and Date(s) Conducted
Additional Comments
VI. Sediment Removal:
Total amount of accumulated sediment removed from the storrnwater treatment measure(s)
during the reporting period: cubic yards.
How was sediment disposed?
❑ landfill
❑ other location on -site as described in and allowed by the maintenance plan
❑ other, explain
Page 2 Standard Annual Report Form
[[ == Insert Property—Address.—
VII, Inspector Information:
The inspections documented in the attached Inspection and Maintenance Checklists were
conducted by the following inspector(s):
Inspector Name and Title Inspector's Employer and Address
VIII. Certification:
I hereby certify, under penalty of perjury, that the information presented in this report and
attachments is true and complete:
Signature of Property Owner or Other Responsible Party Date
Type or Print Name
Company Name
Address
Phone number: Email:
Page 3 Standard Annual Report Form
[[= =Insert Property Address==]]
Attachments to the
Stormwater Treatment Measure Inspections,
Operation and Maintenance,
Standard Annual Report Form:
Inspection and Maintenance Checklist(s)
Page 4 Standard Annual Report Form
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C'i
RESOLUTION NO. — 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING PARK LAND IN -LIEU FEES FOR
PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8093
(BRANNIGAN STREET: LENNAR HOMES OF CALIFORNIA, INC.)
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 Developer, Lennar Homes of California, Inc., a California Corporation,
is filing Tract 8093 Final Map for developing 19 residential lots; and
WHEREAS, the Park Land requirements for the project based on the requirements of
the Municipal Code and the designated land use for Tract 8093 are 1) Dedication of 0.1330
acres of Community Park Land, and 2) Dedication of 0.0570 acres Neighborhood Park Land;
and
WHEREAS, Developer has submitted payment in the amount of $130,416.00 as
Community Park Land In -Lieu Fees, which the Developer desires to have applied to fully
satisfy the Community Park Land obligation for Tract 8093; and
WHEREAS, Developer has submitted payment in the amount of $68,381.00 as
Neighborhood Park Land In -Lieu Fees, which the Developer desires to have applied to fully
satisfy the Neighborhood Park Land obligation for Tract 8093;
NOW, THEREFORE, BE IT RESOLVED that the aforesaid payment of $130,416.00
for Community Park Land In -Lieu Fees, and aforesaid payment of $68,381.00 for
Neighborhood Park Land In -Lieu Fees, 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 February, 2013, by the
following vote-
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor