HomeMy WebLinkAbout4.08 Jordan Rch Unit II LTE Tr 8100DATE:
TO:
FROM:
SUBJECT:
STAFF REPORT
CITY COUNCIL
August 20, 2013
Honorable Mayor and City Councilmembers
Pa:tic:04JoniPattillo, City Manager
CITY CLERK
File #600-60
Approve the Final Map, Tract Improvement Agreement, and Agreement for Long -
Term Encroachment for Landscape Features for Tract 8100, Jordan Ranch Unit II
BJP-ROF Jordan Ranch LLC)
Prepared by Jayson Imai, Senior Civil Engineer
EXECUTIVE SUMMARY:
BJP-ROF Jordan Ranch LLC, A Delaware Limited Liability Company, is filing a Final Map for
Tract 8100 (Jordan Ranch, Unit II) to create 15 lots for future development.
FINANCIAL IMPACT:
The developer has signed an Improvement Agreement and has posted bonds to guarantee
construction of public streets and other public improvements within Tract 8100 and on Central
Parkway, adjacent to the development. As of the date of this report, staff nas estimated that
more than seventy five percent (75%) of both the on -site tract omprovements and Central
Parkway improvements have been completed. Therefore, the Performance Bond and 1oabor &
Materials Bond amounts for construction of the on -site tract improvements and Central Parkway
improvements have been reduced to reflect twenty five percent (25%) of the estimated cost to
construct the improvements. Bond amounts are summarized in the table below.
Purpose of Bond
On Site Tract Improvements
Central Parkway Improvements
Bond Number
0591508
0591507
Amount of Bond
981,818
1,107,247
The developer will be responsible for all construction inspection costs related to the public
improvements required for Tract 8100. Once these improvements are accepted, the City will
incur maintenance costs for City -maintained improvements within Tract 8100. Maintenance cost
information will be provided at the time of improvement acceptance. The Homeowners'
Association will be responsible for maintaining the project -related landscape features within the
public right-of-way.
RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt the Resolution Approving Final Map and Tract
Improvement Agreement for Tract 8100, Jordan Ranch, Unit II; and 2) Adopt the Resolution
Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8100,
Jordan Ranch, Unot I0.
Page 1 of 3 TEM NO. 4.8 ge-4
Submit ed By
Public Works Director
DESCRIPTION:
a
Submitted By \ '
Administrative Services
Director
Reviewed y
Assistant City Manager
Mission Valley Properties, dba BJP -ROF Jordan Ranch LLC, is filing a Final Map for Tract 8100,
Jordan Ranch Unit 11 to create 15 lots for future development (Attachment 1). The 15 lots
include 10 large lots to be further subdivided for residential use (lots 1 -10), a potential future
school site (Parcel A), a future public park (Parcel B), a future street extension (Parcel C), an
open space parcel (Parcel D), and a common area lot for the homeowners association (Parcel
E).
The Final Map for Tract 8100 dedicates the rights -of -way for Central Parkway, Sunset View
Drive, Panorama Drive, Sunset View Court, Panorama Court, Carbondale Way, and Table
Mountain Road as well as public service easements, public access easements, and storm drain
easements.
The map dedicates a 2.00 -acre public park parcel (Parcel "B ") to the City of Dublin. Per the
Subdivision Map Act, City Council must accept or reject any offer of dedication made on a Final
Map at the time of Map approval. The City is currently not prepared to accept the 2.00 -acre
park parcel as the developer is obligated to construct certain improvements related to the park
prior to acceptance. Therefore, staff recommends that City Council reject the offer of dedication
of Parcel "B" at this time. At a later date, and when appropriate, staff will recommend that City
Council accept the offer of dedication.
The map also dedicates Parcel "C" to the City of Dublin as a portion of Panorama Drive. This
portion of Panorama Drive would serve as a possible connection point to future development on
the adjacent property to the east of Tract 8100. The City is currently not prepared to accept
Parcel "C" as there is no planned development on the adjacent property that would require this
connection point. Therefore, staff recommends that City Council reject the offer of dedication of
Parcel "C" at this time. At a later date and when appropriate, staff will recommend that City
Council accept the offer of dedication.
Conditions of Approval Nos. 50 and 51 of the revised Vesting Tentative Tract Map 8024,
adopted by Planning Commission Resolution No. 12 -23 on May 8, 2012 require the developer to
obtain the necessary right -of -way to extend Central Parkway to Croak Road prior to the first
Final Map for Neighborhood 2 through 6 of the Jordan Ranch Development. The Final Map for
Tract 8100 will create the parcels for Neighborhoods 2 through 6. As of the date of this staff
report, the Developer has diligently pursed the acquisition but has been unable to secure the
required right -of -way for the completion of Central Parkway. The Conditions of Approval of
Vesting Tentative Tract Map 8024, consistent with the Subdivision Map Act, provide that, if the
developer cannot acquire the necessary land from the adjacent property owner, the City would
contemplate eminent domain if necessary or waive the conditions that require the developer to
complete Central Parkway. On July 16, 2013 City Council adopted a Resolution of Necessity
authorizing the commencement of an eminent domain action to acquire the required roadway
Page 2 of 3
easements for the extension of Central Parkway. This City Council action fulfills the developer's
obligations related to Conditions of Approval Nos. 50 and 51 of Vesting Tentative Tract Map
8024.
The Final Map for Tract 8100 has been reviewed and found to be in conformance with the
Tentative Map and Conditions of Approval. The Developer has submitted an executed Tract
Improvement Agreement, together with the required Faithful Performance and Labor & Material
Bonds.
The Agreement for Long Term Encroachment for Landscape Features for Tract 8100 provides
for the Homeowners' Association to maintain project - related landscape features within the public
rights -of -way, including planter strips, sidewalks, monuments and street trees.
Staff has prepared a resolution approving the Final Map and Tract Improvement Agreement for
Tract 8100, Jordan Ranch, Unit II (Attachments 2 and 3) and a resolution approving the
Agreement for Long Term Encroachment for Landscape Features for Tract 8100, Jordan Ranch,
Unit II (Attachments 4 and 5).
Park Land 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. The 15 lots are
planned for further subdivision and future development. Therefore, no park land dedication is
required with this final map.
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 BJP -ROF Jordan Ranch LLC.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8100
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 8100, Jordan Ranch, Unit II
3. Exhibit "A" to Resolution, Tract Improvement Agreement
4. Resolution Approving the Agreement for Long Term Encroachment
for Landscape Features for Tract 8100, Jordan Ranch, Unit II
5. Exhibit "A" to Resolution, Long Term Encroachment Agreement
Page 3 of 3
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RESOLUTION NO. -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 8100, JORDAN RANCH, UNIT II
WHEREAS, the Final Map for Tract 8100, 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, BJP -ROF Jordan Ranch LLC, A Delaware Limited Liability
Company, has executed and filed with the City of Dublin a Tract Improvement Agreement for
Tract 8100 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 bonds furnished by
International Fidelity Insurance Company in the amount of $981,818 for the On -site
improvements (Bond No. 0591508), and in the amount of $1,107,247 for Central Parkway
Improvements (Bond No. 0591507), conditioned upon faithful performance of said Agreement;
and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by
International Fidelity Insurance Company in the amount of $981,818 for the On -site
improvements (Bond No. 0591508), and in the amount of $1,107,247 for Central Parkway
Improvements (Bond No. 0591507), conditioned upon payment for labor performed or material
furnished under the terms of said Agreement; and
WHEREAS, as conditioned through Planning Commission Resolution No. 12 -23
approved on May 8, 2012, the Developer has irrevocably offered for dedication to the public in
fee Parcel "B" on Final Map for Tract 8100 for public park purposes; and
WHEREAS, the aforementioned Conditions of Approval state the City will not accept this
Parcel until the site is rough graded, including installation of erosion control measures as
generally shown on the Tentative Map; and
WHEREAS, required grading and erosion control has not been deemed complete for
Parcel "B "; and
WHEREAS, Parcel "C" on Final Map for Tract 8100 is irrevocably offered for dedication in fee
for public purposes to become a portion of Panorama Drive; and
WHEREAS, Parcel "C" is an extension of Panorama Drive for future connection to the
adjacent property to the east of Tract 8100; and
1
WHEREAS, the aforementioned adjacent property to the east is not currently being
developed;
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 offers of dedication of Parcels "B" and "C" are
hereby rejected by City Council, on behalf of the public.
BE IT FURTHER RESOLVED that the Final Map of Tract 8100 be and the same is
hereby approved, and that rights to the areas marked as Central Parkway, Sunset View Drive,
Panorama Drive, Sunset View Court, Panorama Court, Carbondale Way, and Table Mountain
Road, Public Service Easement (PSE), Emergency Vehicle Access Easement (EVAE), Public
Access Easement (PAE), and Storm Drain Easement (SDE) 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 20th day of August, 2013, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
2
Mayor
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 8100
This agreement is made and entered into this 20th day of August, 2013, by and between the
City of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and BJP -ROF Jordan Ranch
LLC, A Delaware Limited Liability Company, hereinafter referred to as "DEVELOPER ".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that DEVELOPER, the subdivider of Tract No. 8100, desires to improve those
improvements (hereafter `The Improvements ") required by City of Dublin Planning Commission
Resolution No. 12 -23 adopted on May 8, 2012 for Tract 8024 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 8100, Jordan Ranch (Unit II), (19 Sheets, Sheets 1 -18), prepared by
Ruggeri- Jensen -Azar and signed by the City Engineer on December 21, 2012.
• Central Parkway Improvement Plans, Tract 8100, Jordan Ranch (13 Sheets, Sheets 1 -13),
prepared by Ruggeri - Jensen -Azar and signed by the City Engineer on December 21, 2012.
• Joint Trench Composite for Mission Valley Homes, Jordan Ranch - Unit 1/ (Phase A), — Tract
8024 & 8100, prepared by Giacalone Utility Design and Planning, with any modifications for
approval by the City Engineer.
• Joint Trench Composite for Mission Valley Homes, Jordan Ranch - Unit /I (Phase B), — Tract
8024 & 8100, prepared by Giacalone Utility Design and Planning, with any modifications for
approval by the City Engineer.
• Street Lighting Plans for Mission Valley Homes, Jordan Ranch Unit I/ (Phase A) — Tract 8024
& 8100, prepared by Giacalone Utility Design and Planning, with any modifications for
approval by the City Engineer.
• Street Lighting Plans for Mission Valley Homes, Jordan Ranch Unit /I (Phase B) — Tract 8024
& 8100, prepared by Giacalone Utility Design and Planning, with any modifications for
approval by the City Engineer.
• Rough Grading Plans, Tract 8100, Jordan Ranch (Unitll), (18 Sheets, Sheets 1 -8, S1 -S4, and
Remedial Grading Plans G -1 thru G -6), prepared by Ruggeri - Jensen -Azar and signed by the
City Engineer on December 12, 2012.
• Tract 8100 Jordan Ranch, Phase Four. On -Site Landscape Plans, (41 Sheets, Sheets L0.1-
L3.5), prepared by Gates & Associates and signed by the City Engineer on March 12, 2013.
• Tract 8100, Jordan Ranch, Phase Four: Central Parkway landscape Plans (30 Sheets,
Sheets L0.1- L3.4), prepared by Gates & Associates and signed by the City Engineer on March
12, 2013.
• Traffic Signal Improvement Plans — Central Parkway & Sunset View Drive, prepared by TJKM
Transportation Consultants, with any modifications for approval by the City Engineer.
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:
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 are
presented in the Bond Estimate for Tract 8100, and Bond Estimate for Central Parkway
Improvements, dated August 2, 2013, prepared by Ruggeri - Jensen -Azar, and are agreed to be as
follows:
• Tract 8100 (On -site Improvements) $ 981,818
• Tract 8100 Central Parkway Improvements $ 1,107,247
Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing
the obligation secured. Said amount reflects that the Tract 8100 On -Site Improvements are currently
75% complete (bond is for 25% of the full amount), and Tract 8100 Central Parkway Improvements
are currently 75% complete (bond is for 25% of full amount). The bond estimates are attached as
Exhibits A and B to this agreement,
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:
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 (collectively,
the "Faithful Performance Bond ").
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 therefore (collectively, the "Labor and Materials
Bond ").
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 (if different than
Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor
to commence work on this contract or subcontract until all insurance required for DEVELOPER and
DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall
be maintained in full force and effect until the completion of work under this Agreement and the final
acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General 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 Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this projectllocation 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' Com ensation 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. DEVELOPER hereby declares that
the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self -
insured retention for Bodily Injury and Property Damage Liability, (ii) a $2,000,000 per
occurrence self - insured retention for third party action over actions and (iii) a $7,500,000 per
occurrence self - insured retention for Home Builder's Limited Warranty Coverage, Construction
3
Damage Liability Coverage and f=ungi and Related Medical Payments ( "GL SIR's "). The CITY
hereby approves the GL SIR's.
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.
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 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.
Notwithstanding the foregoing, if an endorsement that would provide for thirty (30)
days' prior written notice prior to one or more of the above actions is not commercially
available, DEVELOPER shall be excused from providing an endorsement covering
said action or actions, provided that in such circumstances, DEVELOPER shall give
written notice to the CITY as soon as is practicable if DEVELOPER learns that its
coverage has been suspended, voided, cancelled by either party or reduced in
coverage or in limits.
a) Acceglability of Insurers. Insurance is to be placed with insurers with a
Rests' rating of no less than A:VII.
4
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 certify 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 provided;
however, that if the policies are not yet available, the City will accept
copies of the applicable binders.
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
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, 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.
5
DEVELOPER shall guarantee free access to CITY through its City Engineer and designated
representative for the safe and convenient inspection of the work throughout its construction. Said
CITY representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in
strict accordance with the improvement plans and specifications.
6. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY.
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's obligations
under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any extension
thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be
adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's
creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's
contractors, subcontractors, agents or employees should violate any of the provisions of this
Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and
DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion,
thereof, and default of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of
such written notice to cure such default; provided that, if such cure cannot be reasonably effected
within such fifteen (15) day period, such failure shall not be a default hereunder so long as
DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter
diligently prosecutes such cure to completion.
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 therefore.
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
Notices required to be given to DEVELOPER shall be addressed as follows:
BJP -ROF Jordan Ranch LLC
5000 Wopyard Road, Ste. 170
Pleasanton, CA 94588
Attn. Robert Radanovich
Fax No. (925) -467 -9919
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. 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 The Improvements 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 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 and shall thereafter immediately release
the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private
Improvements and a warranty bond will not be needed for these Improvements; provided however,
the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or
his designated agents of their completion and shall thereafter immediately release the Faithful
Performance Bond and the Labor and Materials Bond.
11. Patent and Coovright 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. Liabilit .
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, 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.
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
By:
City Manager
ATTEST:
City Clerk
DEVELOPER
BJP -ROF Jordan Ranch LLC
By:
Rob Radanovich
Authorized Representative
GDEVELOPMENT, PRIVATEUordan Ranch FCN #8131Tract 91ONtaff ReporATIA -Tract 8100.doc
R
A%.;# AL
RUGGERI- JENSEN -AZAR � f, Ga�tMk��-u `ti�:�� :EPlS�ASUFIVEYGfi3
PRELIMINARY ENGINE'ER'S OPINION OP PROBABLE CONSTRUCTION COSTS
TRACT 5100 • JORDAN RAMCH
DUBLIN, CALIFORNIA August 2, 2013
(Clfy Bonn Estimate) Job No. 081001U2
ON-S119 IMPOMMENTS
..,.
SUMMARY
A. ASPHALT PAVING
$807,070
B. CONCRETE
$4999,670
C. STORM DRAIN
$480,190
D. MISCELLANEOUS
$1,541,380
SUBTOTAL =
$3,328,190
8% ENGINEERING CONTINGENCY =
$266,260
10% CONSTRUCTION CONTINGENCY
$332 820
TOTAL ESTIMATED ON -SITE CONSTRUCTION COST ;
$%02T,2_70
TOTAL BOND AMOUNT (SEE NOTE 0)
$981,818
N&E
1. , All cost figures are given as estimates only. Actual cost wll l be dependent on the cost Rgures at bidding time;
the general market situation, oonlracloes work load, seasonal factor, labor and cost, eta. This englneoring
firm cannot be responsible for fluctuations In cost factors.
2. This enginasfs opinlon Is based on the Improvement Plans, prepared by Rugged,Jensen -Azar
dated December 20, 2012 and revised June 28, 2013.
3, Thie engineers opinion does not Include any agency fees.
4. This engineers opinion does not Include costs for water or server Improvements which falls under Dublin San Ramon
Services Dlatdct (DSRSD) )urisdlallon.
S. • Improvements are ongoing and are at different stages of completion. Therefore, the sold amount reflects that the
Tract 8100 On -Site Improvements are currently 75% complete (bond (a for 25°x6 of full amount).
O. LKt` kUobtA8681M15E ,'rm,ks�Ba�fANr�SYml+rckxi_a1CD C;YEon .Sg[Rrreq+eri 9ge 1 of 2
4690 CHABOT DRIVE, SUITE 200, PI.EASANTON, CA 94588 T: (926) 227 -9100 / 171 (026) 227.9300 / vrww.rja•gps.00n►
Xkyl 1.
RUGGERI- iC•]\iG+T"�Itif -AZAR Y BlJC]f7EE €su • EzL \tfi+fni • silltY£N'tJt }fi
V �t v F s.x �J �rlV r�t4+li} .LrI`°'J.,i� , y. �. t.r r. �... c.. a........,... �... t .�:..,- ,� =.t•.,.�..�.��.��t�.a w,��.,.,..,uz... -�:u
PRELIMINARY ENGINEER'S OPINION OF PROBABLE CONSTnUC]ION COSr8
TRACT 8109 - JORDAN RANCH
DUBLIN, CALIFORNIA August 2, 2013
(City Bond Reffmate) Job No. 081001 U2
I 09SC IP IO Q A N' AMOt 1
•► fi'i� Il
A. ASPHALT PAVING.
1. Fine Grading (Etta to RW) 377,805 SF
2. AC paving (3'AC 110 "AB) 168,702 SF
B, CONCRET9
1. W Curb & Gutter 10,070 LF
2, DAveway 40 FA
3, • Curb Ramps (w /Armor Ttle Dumas) 16 EA
4. Sidewalk 61,636 Sir
C. STORM DRAIN
1. 10" RCP
2. 24" RCP
3. Manhole
4. Storrn Water Inlet
6 Curb Subdrain
6. f=ield Inlet
D. MISGELLANEOUS
1. Signing & StAping
2. r trrigatlon Sleeve
3. Landscaping
4. Joint Trench
S. Street Monuments
6, Pedestrian Bridge (8'x 40')
7. & Wlde Decomposed Oranite Troll (N `thlck)
8. 8' Wide AC Troll (2.6 "ACIWAB)
9. 2' Wids AB Troll Shoulder on each side (8.6' deep)
40, Street Lights
O.VldrihlkhsQYA11D7k7E,Frr,,ba' Bar. tAY. ei�C�bc3enfraci. 8SL0..Cfi /GOr•CI- 6Bktfrt�ara�Wge 2 of 2
$0.35 $132,260
$4.00 $674,810
SUBTOTAL= $8071070
$13.00 $130.990
$760.00 $30,000
$1,900.00 $30,400
$6.00 $308180
SUBTOTAL st 499,570
6,422 L
LF $
$40.00 $
$216,880
1,167 L
LF $
$56.00 $
$$4,190
4 E
EA $
$3,500.000 $
$14,000
53 C
CA $
$2,600.00 $
$132,608
2,805 L
LF $
$12.00 $
$34,620
9 F
FA $
$2,000.00 $
$1$,000
SUBTOTAL ts $
$480,190
1 L
LS $
$20,000.00 $
$20,000
336 L
LF $
$5.00 $
$1.680
52825 S
SF $
$5.00 $
$264,130
10350 L
LF $
$100.00 $
$1,035,000
28 E
EA $
$400.00 $
$11,200
1 L
LS $
$40,000.00 $
$40,000
3,000 S
SF $
$1.50 $
$4,500
20,100 S
SF $
$2,60 $
$610,260
400 T
TON $
$20.00 $
$9,600
42 E
EA $
$2,600.00 $
$148,900
SUBTOTAL = $1,641,36
4090 CHABOT ORIVE, SUITE: 200, PLEASANTON, CA 94588 }�y,A Y�L�t� T.,(925) 227 -91001 F. (9261227 -03001 wwwaja- Ups. cool �NA,
EC ns r'iA P�71FRE . snevcvorrs
RUGGER
I- ENSEN -AZA t J
• ,mai a.r�..�ti -r r
PPELIMINARYENG1NEER'S OPINION OI: PRO,BABLI: CONSTRUCTION COSTS
CENTRAL PARKWAY IMPROVEMENTS
DUBLIN, CALWORNIA August 2, 2013
(City Bond Esllmale) Jots No. 061001 U2
OFESLTE I,MpRO MENTS
SUMMAE1
A. ASPHALT PAVING
$1,1741,490
S. CONCRETE
$440,390
0. STORM DRAIN
$1398,694
0, MISCELLANEOUS
$1,433 6o5
SUBTOTAL. g
,763,3741
8% ENGINEERING CONTINGENCY=
$300,270
10% CONSTRUCTION CONTINGENCY =
-$376340
TOTAL. ESTIMATED CONSTRUCTION COST
$4,4211,989
TOTAL BOND AMOUNT (SEES NOTE S)
$1,407,247
Notes,
1. All cost figures are given as estimates only. Actual Cost will be dependent on the cost figures at
bidding ume, the general market situation, contractor's work load, seasonal factor, labor and
cost, eta This e"Ineering ffrm cannot be responsible for tluctuallons In cost factors.
2, This engineer's opinion Is based on central Parkway improvement plans, prepared by RJA, dated
December 20, 2012 roVsed June 25, 2013.
3. This engineor's opinion does not include any agency fees.
4. This engineers opinion does not include costs for water or sowar improvements which fail under Dublin Sots
namon services District jurisdiction.
5. Improvements are ongoing and are at different stages of oornpletlon. Theroforo, the sold amount reflects that the
Tract 8100 Central ParWaylmprovements are currently 75 % complete (bond is for 2Cs %of full amount).
a�AirtrAkbaWb3: wr�ruwc► raaYr�rxer C +Hfererryorysonn.sasoicrworrai�: P090102
RUGGERI- JENSEN -AZ,{ R �_.. ��_2 � ....tNGfNCR3 • PLAN?eta 11
PRI: LIMINARY ENGINEER'S OPINION OF'PROBA 14L E CONSTRUCTION COSTS
CENTRAL PARKWAYIMPROVO NTS
DUBLIN, CALIFORNIA August 2, 2013
(CRy Bond Estimato) Job NO- 01311001U2
ITEM DESCRIPTIa QUANTIT __UNlT PRfCl= AMQUN
IMPROVF
A. ASPHALT PLYING
I. Fine Grading (R1W to RIW)
2. AC Paving (4` ACf15.64 A13)
3, AC Berm
B.--- CONCRETE
1. 64 Flush Curb
2. 6" Curb R Gutter
3. Madlan Curb
Curb Ramps (�y/Armor -'f11n Domes)
Sidewalk
DRAIN 0. RJORM
1.
18" RCP
2.
24" RCP
3.
30' RCP
4.
SW RCP
6.
42' RCP
8,
19, CMP
7.
Manhole (Typo 1)
8.
Manhole (Type II)
9.
Field Intel (Type w1[.)
10,
Field Inlet (Type IR)
11.
Storm Water [out
12.
Vegetated Swale
13.
Curly Subdraln
1, Stoning 3; Striping
2, BaMcade
3. Traffic Control
4. Street Monurnenls
5. Street Lights (Double Heads)
S. HOA Landscaping
7. CitY Medlan Landscaping
8. 4° Irdgatlon Sleeve
0. Joint Trench
% Tra ffloSignal (at Sunset View Drive)
11. Conduits for Fulure Traffic Signal (at Panorama Drive)
12. Traffic Signal Modification (at Fallon Road)
201,390
SF
$0.35
$98,400
180,128
SF
$8.00
$1,080,760
24
LF
$10.00
$240
SUBTOTAL a
1,1[70,400
2,056
L
$10 .00
$20,600
4,065
LF
$13.00
$52,840
5,470
LF
$20.00
$109.400
10
EA
$1,000.00
$10.000
47,717
8t=
$5.00
52,685
38440,390
SUBTOTAL=
1,500
LF
$40.00
$60,000
524
LF
$55.00
$28,820
707
LF
$00.00
$47,620
75
LF
$70.00
$65,250
028
LF
$80.00
$74.240
144
LF
$20.00
$2,880
3
FA
$3,000.00
$9,000
2
FA
$3,600.00
$7,000
5
EA
$3,000.00
$15.000
2
EA
$3,500.00
$7.000
21
EA
$2,600.00
$52,500
17,310
SF
$20.00
$348.200
3,662
LF
$'12.00
$44,184
SUBTOTAL
,
1
LS
$20.000.00
$20,000
6
FA
$2,000.00
$12,000
1
LS
$5,000.00
$5,000
4
FA
$400.00
$1,600
i6
EA
$4,800.00
$72.000
80,095
SF
$5.00
$404,976
18.620
SF
$5.00
$$2,600
3,006
LF
$5.00
$16,430
.6,000
LF
Mom
$500,000
1
LS
$260,006.00
$260,000
1
LS*
$10,000.00
$10,000
1
EA
$50,000.00
$50.000
SUBTOTAL=
�1,433,005
OusrlfRisl :WipElnrilE,n,+Kts�eCdYhw ilCftdll rbaf CfYBOtn.s0 k14fAriYidi/l3 Page2of2
4090 0ABOT DBIVF, SUITE 200, PLEASANTON, CA 94586 T, (025) 227.91001 F: (9251221.0300 / anvw,rla gps.corn � �'
RESOLUTION NO. -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8100,
JORDAN RANCH, UNIT II
WHEREAS, a Revised Vesting Tentative Map for Tract 8024 for Jordan Ranch 2
Specific to Subareas 2 and 3, was approved by Planning Commission Resolution No. 12 -23 on
May 8, 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 a Tract
Improvement Agreement to improve required Tract improvements, including said 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 8100, Jordan Ranch Unit II,
attached hereto as Exhibit "A ";
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 20th day of August, 2013, by the following
vote:
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8100,
JORDAN RANCH
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH TRACT 8100 ( "Agreement ") is made between the City of Dublin ( "City ")
and BJP -ROF Jordan Ranch LLC, A Delaware Limited Liability Company ( "Owner").
1. Property; The subject property is Tract 8100 as filed in Book of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Developer is the Owner of Tract 8100, Jordan Ranch ( "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 with Tract 8100; Central Parkway, Sunset View Drive,
Panorama Drive, Panorama Court, Sunset View Court, Carbondale Way, and
Table Mountain Road (collectively, the "Landscape Features "). Construction
details for these Landscape Features are shown on the On -Site Landscape Plans
for Tract 8100, Jordan Ranch Phase 4, prepared by Gates & Associates, approved
by the City, and Central Parbvay Landscape Playas for Tract 8100 Jordan Ranch
Phase 4, prepared by Gates & Associates, approved by the City. The scope of the
improvements covered under the agreement is shown on the attached Exhibit "A ".
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 sidewalk, plantings, irrigation, monuments, street trees, etc.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape improvements, including all frontage landscape plantings, irrigation,
sidewalks, and monuments 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
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 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 insured.
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 Features and the rights appurtenant thereto as set
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
Tract 8100 or to a successor in interest of Owners with respect to al 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 BJP -ROF Jordan Ranch LLC, A Delaware Limited Liability Company,
2
and all successors and assigns BJP -ROF Jordan Ranch LLC, A Delaware Limited
Liability Company.
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:
BJP -ROF Jordan Ranch LLC, A Delaware Limited Liability Company
5000 Hopyard Road, Ste. 170
Pleasanton, CA 94588
Attn. Robert Radanovich
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
Dated this day of , 2013.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
City Manager
OWNER:
BJP -ROF Jordan Ranch LLC, A Delaware Limited Liability Company
LE
Name:
Title:
1809818.1
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