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HomeMy WebLinkAbout4.10 KBHomesTR5926AmendAgr CITY CLERK File # 600-60 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 5, 2003 SUBJECT: Acceptance of Improvements and Amendment to Agreement to Provide Security and Right-of-Entry for Installation of Drainage Improvements for California Highlands (Tract 5926) by KB Homes, Inc. (formerly Kaufman & Broad of Northem California) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution Accepting Improvements for Tract 5926 and Approving Amendment No. 1 to the Agreement to Provide Security and Right-of-Entry for Installation of Drainage Improvements for California Highlands 2) Amendment No. 1 to the Agreement to Provide Security and Right-of-Entry for installation of Drainage Improvements for California Highlands 3) Original Agreement to Provide Security and Right-of-Entry for Installation of Drainage Improvements for California Highlands executed on November 5, 1998 4) Vicinity Map RECOMMENDATION: Adopt the Resolution accepting the tract improvements, approving the traffic control devices installed for Tract 5926, California Highlands (also known as Donlon Canyon), and approving  Amendment No. 1 to the Agreement to Provide Security and Right of Entry for Installation of Drainage Improvements for California Highlands (City of Dublin Subdivision #5926) FINANCIAL STATEMENT: Kaufman and Broad of Northern California, which is now KB Homes, Inc. (KB Homes), has provided a Maintenance Bond in the amount of $900,000 to guarantee against defects for one year. Once the tract improvements have been accepted, the City ~vill incur maintenance costs for City street improvements on Dublin Boulevard. KB Homes has also provided a Faithful Performance Bond and Labor and Materials Bond to guarantee installation of necessary drainage improvements for Donlon Creek. All internal streets are private with maintenance to be performed by California Highlands of Dublin Owners Association (Homeowners Association). Street light maintenance costs for street lights along COPIES TO: Garrett Small, KB Homes, Inc. ITEM NO. ~ Gg,DEVELOP\CA HighlandLAgstacpt_5926.doc.doc j ~: ......~ Dublin Boulevard will be paid by the Street Lighting Maintenance Assessment District 83-1. Maintenance of landscaping along the Dublin Boulevard frontage and within the common and open space areas will be performed by the Homeowners Association. DESCRIPTION: Tract 5926, California Highlands (also known as Donlon Canyon), is located at the westerly terminus of Dublin Boulevard, and includes 246 multi-family units, approximately 170 acres of open space, and a remainder parcel that was subsequently subdivided into 17 single-family lots with Tract 7067. The subdivision also includes a 3.12-acre Dublin San Ramon Services District (DSRSD) water tank site, and a 16.38-acre lot deeded to the East Bay Regional Park District (EBRPD) as a scenic easement. All interior streets, utilities and landscaping within the California Highlands subdivision are private and are maintained by the Homeowners Association. This project included improvements on Dublin Boulevard, such as installation of water, sewer and storm drainage improvements, landscape improvements along the frontage, and a soundwall along Caltrans' right-of-way on the south side of Dublin Boulevard. The tract improvements have been constructed pursuant to the Tract Developer Agreement and to the satisfaction of the City Engineer, and it is now appropriate for these improvements to be accepted by the City for permanent maintenance. The following regulatory traffic control devices will be accepted and approved as part of this project and added to the City of Dublin's Traffic Code: A. Bower Lane, Brigadoon Way, Cory Lane, Craigtown Lane, Dalmally Lane, Dulsie Lane, Eastertown Lane, Glengarry Lane, Ian Lane, McBride Lane, McKay Lane, McPeak Lane, Melvich Lane, Royshill Lane, Ruthven Lane, Sornoway Lane and Wallace Lane are designated as "Private Streets." B. No Parking Restriction has been installed on both sides of Dublin Boulevard between the easterly tract boundary and the westerly terminus of Dublin Boulevard (Traffic Code Section 6.28.010). At the time that the City and KB Homes executed the Tract Developer Agreement for subdivision improvements, the developer provided a Performance Bond in the amount of $3,600,000 and a Payment Bond in the amount of $1,800,000 to guarantee the work. Now that the work is complete, the bonds may be released in accordance with authority contained in §66499.7 of the Government Code, and replaced with a Maintenance Bond in an amount necessary to guarantee the work for a one-year period following acceptance of the work. The developer has provided a Maintenance Bond in the amount of $900,000, which is 25% of the original Performance Bond amount, and which is sufficient to guarantee the tract improvements for a one-year period after acceptance. The Conditions of Approval for Tract 5926 also required KB Homes to implement Stream/Detention Basin Stabilization Plans (drainage improvements) on property owned by KB Homes and the California Highlands of Dublin Owners Association. On November 5, 1998, the developer entered into an agreement with the City entitled, "Agreement to Provide Security and Right of Entry for Installation of Drainage Improvements for the California Highlands (City of Dublin Subdivision #5926)" (Drainage Agreement). This Drainage Agreement governed the stream and detention basin stabilization plan for Donlon Creek and for the farm pond on the EBRPD easement upstream of the subdivision. The Drainage Agreement required the developer to complete the improvements prior to September 30, 1999. As of today, only the farm pond work is complete; the detention basin and stream improvements still await permits from the Army Corps of Engineers, Fish & Game, and the US Fish and Wildlife Service. KB Homes has requested that Amendment No. 1 to the Drainage Agreement be approved to allow additional time to obtain required jurisdictional permits and to complete the drainage improvements. Amendment No. 1 extends the deadline until September 30, 2004, and reduces the Improvement Security from $450,000.00 to $116,164.50 to account for completion of the farm pond work. It also updates the developer's contact information. KB Homes submitted copies of permit applications to demonstrate that issuances of said permits are pending approval of the jurisdictional agencies. These permits should be obtained soon to allow the remaining improvements to be completed well in advance of the new deadline. The security posted with the amendment will be held until all drainage improvements are completed and accepted by the City. Staff recommends that the City Council adopt the Resolution accepting the tract improvements, approving the regulatory traffic control devices installed, and approving Amendment No. 1 to the Agreement to Provide Security and Right-of-Entry for Installation of Drainage Improvements for the California Highlands (City of Dublin Subdivision #5926). Page 3 ~, ~'~2 RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF IMPROVEMENTS FOR TRACT 5926 (CALIFORNIA HIGHLANDS), APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES, AND APPROVAL OF AMENDMENT NO. I TO THE AGREEMENT TO PROVIDE SECURITY AND RIGHT-OF-ENTRY FOR INSTALLATION OF DRAINAGE IMPROVEMENTS WHEREAS, the subdivider of Tract 5926, filed on January 8, 1996, in Book 222 of Maps at Pages 71 - 84, previously entered into a Tract Developer Agreement with the City of Dublin on December 12, 1995, to improve said Tract in accordance with plans and specifications on file with the City Engineer, said Tract identified as follows: a) Subdivider: KB Homes, Inc. (KB Homes), formerly Kaufman and Broad of Northern California b) Tract Location: Westerly terminus of Dublin Boulevard c) Tract Size: 246 multi-family units, 17 single-family units and approximately 170 acres of open space d) Resolution Approving Final Map: No. 148-95, City Council of Dublin e) City Streets Affected: Dublin Boulevard WHEREAS, the Tract improvements associated with Tract 5926 are complete in accordance with said plans and specifications, and any approved modifications thereof, to the satisfaction of said City Engineer of the City of Dublin; and WHEREAS, the developer has installed certain traffic regulatory devices as a part of the Tract improvements; and WHEREAS, the original Performance Bond and Labor and Materials Bond referenced in the Tract Developer Agreement can be released in accordance with the authority contained in §66499.7 of the Government Code of the State of California and replaced with a Maintenance Bond to guarantee the completed work for a one-year period following acceptance; and WHEREAS, the City and the subdivider also entered into an Agreement to Provide Security and Right of Entry for Installation of Drainage Improvements for the California Highlands (City of Dublin Subdivision # 5926) on November 5, 1998, an agreement that was subsequently recorded with the Alameda County Recorder as Series No. 99012869 on January 12, 1999; and WHEREAS, the subdivider has asked that Amendment No. 1 to said Agreement be approved to extend the completion deadline until September 30, 2004, to revise the Improvement Security requirements, and to change the subdivider's contact information; and WHEREAS, the City Engineer has reviewed the subdivider's request, and determined that it is in the best interests of the City to approve the subdivider's request; and WHEREAS, Amendment No. 1 hereby incorporates by reference all terms and conditions set forth in the original Agreement, and all terms and conditions which are not specifically modified by Amendment No. 1 shall remain in full force and effect; NOW, THEREFORE, BE IT RESOLVED that: 1. The tract improvements associated with said Tract are hereby approved and accepted subject to a one-year guarantee. 2. The traffic regulatory devices installed by the developer are hereby included in the City of Dublin Traffic Code, said regulatory devices to include the following: a. Bower Lane, Brigadoon Way, Cory Lane, Craigtown Lane, Dalmally Lane, Dulsie Lane, Eastertown Lane, Glengarry Lane, Ian Lane, McBride Lane, McKay Lane, McPeak Lane, Melvich Lane, Royshill Lane, Ruthven Lane, Sornoway Lane and Wallace Lane are designated as "Private Streets." b. No Parking Restriction on both sides of Dublin Boulevard between the easterly tract boundary and the westerly terminus of Dublin Boulevard (Traffic Code Section 6.28.010). 3. The original Performance Bonds issued by The American Insurance Company (Bond Nos. 138045788 and 11127298245) in the amount of $3,600,000.00 be released. 4. The original Payment Bonds issued by The American Insurance Company (Bond Nos. 138045788 and 11127298245) in the amount of $1,800,000.00 be released. 5. The submitted Maintenance Bonds issued by American Casualty Company of Reading, PA, and the American Insurance Company (Bond Nos. 138045788 and 11127298245) in the amount of $900,000.00 for off-site improvements be accepted as security for the aforesaid one-year maintenance period, said period to commence on this date and terminate on the 5th day of August, 2004. BE IT FURTHER RESOLVED that: 1. Amendment No. 1 to the Agreement to Provide Security and Right of Entry for Installation of Drainage Improvements for the California Highlands (City of Dublin Subdivision #5926) is hereby approved. 2. The deadline for completion of the improvements governed by said Amendment No. 1 be extended until September 30, 2004. 3. The original Letter of Credit in the amount of $450,000.00 be released. 4. The submitted Faithful Performance Bond and Labor and Materials Bond by Fidelity and Deposit Company of Maryland (Bond No. 08658047) in the amount of $116,164.50 be accepted as Improvement Security for said Amendment No. 1. -2- 5. The subdivider's contact person for issues related to this agreement be as specified in Amendment No. 1. BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the City Manager to execute Amendment No. 1, and directs the City Clerk to record Amendment No. 1, along with a certified copy of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of August, 2003. AYE S: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk GSDEVELOP\CA Highland\Resoacpt imp 5926.doc -3- RECORDING REQUESTED BY: CITY OF DUBLIN WHEN RECORDED MAIL TO: CITY CLERK CITY OF DUBLIN 100 CIVIC PLAZA DUBLIN, CA 94568 SPACE ABOVE THIS LINE FOR RECORDER'S INFORMATION CITY OF DUBLIN AMENDMENT NO. 1 TO THE AGREEMENT TO PROVIDE SECURITY AND RIGHT OF ENTRY FOR INSTALLATION OF DRAINAGE IMPROVEMENTS FOR THE CALIFORNIA HIGHLANDS (CITY OF DUBLIN SUBDIVISION # 5926) This AMENDMENT NO. 1 (hereinafter "Amendment") to the Agreement to Provide Security and Right of Entry for Installation of Drainage Improvements for the California Highlands ( City of Dublin Subdivision #5926 ) is made and entered into by and between the CITY OF DUBLIN, a municipal corporation (hereinafter "City"), and KB HOMES, INC., a California corporation (hereinafter "Developer") effective this 5th day of August, 2003 (the Effective Date"). RECITALS A. On June 25, 1990, the City Council adopted Resolution No. 79-90 approving Tentative Map 5926. B. On November 5, 1998, the Developer entered into an agreement titled "Agreement to Provide Security and Right of Entry for Installation of Drainage Improvements for the California Highlands (City of Dublin Subdivision #5926)" (hereinafter "Agreement"), to provide the City a right of entry to the property owned by the Developer and to the property owned by the California Highlands of Dublin Owneds Association (hereinafter "HOA") for the purpose of installing, repairing and maintaining certain storm drainage improvements as defined by the term "Improvements" in the Agreement. The Agreement recorded on January 12, 1999, per Instrument No. 99012869 at. the Alameda County Recorder's Office is on file with the City Clerk and is incorporated herein by reference. C. The Developer has taken steps to install the Improvements identified in the Agreement and has completed a portion of the improvements. However, as of the Effective Date, the Improvements generally identified as Main Channel Sediment Basin Improvements and Downstream Tributary Channel Improvements have not yet been installed by the Developer as required by the Conditions of Approval. AMENDMENT NO. 1 TO THE AGREEMENT TO PROVIDE SECURITY AND RIGHT OF ENTRY FOR INSTALLATION OF DRAINAGE IMPROVEMENTS FOR THE CALIFORNIA HIGHLANDS (CITY OF DUBLIN SUBDIVISION # 5926) Page 2 of zt D. The City wishes to cooperate with the Developer in completing the Improvements by extending the time of completion specified in Section 1 of the Agreement, and reducing the amount of the security posted with the Agreement to reflect the cost of the Improvements remaining to be completed as of the Effective Date. E. The Developer estimates that the cost of completing the remaining Improvements will be approximately $77,443.00. F. In consideration of the City permitting the extension of the time of completion, the Developer will provide the City improvement security in the amount of 150% of the estimated cost. NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. INCORPORATION BY REFERENCE. This Amendment hereby incorporates by reference all terms and conditions set forth in the Agreement, unless specifically modified by this Amendment. All terms and conditions set forth in the Agreement which are not specifically modified by this Amendment shall remain in full force and effect. 2. AMENDMENT TO THE AGREEMENT. 2.1 Replace Section 1 of the Agreement with the following: "Prior to September 30, 2004, the Developer shall: a) complete the Improvements to the satisfaction of the Director of Public Works of the City of Dublin, and b) post a one year maintenance bond with the City in the amount of $19,360.75 (25% of the estimated cost specified in Section E of Amendment No. 1)." 2.2. Replace Section 2 of the Agreement with the following: "IMPROVEMENT SECURITY. The Developer shall furnish the following improvement security. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a surety bond executed by the Developer and by a corporate surety authorized to do business in California. (i) Faithful Performance security in the amount of $116,164.50 (150% of cost estimate approved by the City and attached as Exhibit A) to secure faithful performance of this Amendment (until the date on which the City accepts the Improvements as complete) pursuant to Government Code section 66499.1,66499.4, and 66499.9. G:\Develop\Ca Highlands~Amendment No. 1 to KB Agreement AMENDMENT NO. 1 TO THE AGREEMENT TO PROVIDE SECURITY AND RIGHT OF ENTRY FOR INSTALLATION OF DRAINAGE IMPROVEMENTS FOR THE CALIFORNIA HIGHLANDS (CITY OF DUBLIN SUBDIVISION # 5926) Page 3 o£ ~: (ii) Labor and Material security in the amount of $116,164.50 (150% of cost estimate approved by the City and attached as Exhibit A) to secure payment by the Developer to laborers and materialmen (until the date on which claims are required to be made by laborers and materialmen) pursuant to Government Code sections 66499.2, 66499.3, 66499.4 and 66499.7(b)" 2.5. Section 3 of the Agreement shall be revised to include Developer's updated information for noticing as follows: Garrett Small KB HOME South Bay, Inc. 6700 Koll Center Parkway, Suite 200 Pleasanton, CA 94566 Telephone: (925) 750-1753 Facsimile: (925) 750-1807 2.6. Sections 4 and 6 shall be. revised as follows: Replace the words "Letter of Credit" with "Improvement Security". 3. MODIFICATIONS. This Amendment may not be modified orally or in any manner other than by an agreement in writing signed by both parties, in accordance with the requirements of the Agreement. 4. SEVERABILITY. In the event any term of this Amendment is held invalid by a court of competent jurisdiction, the Amendment shall be construed as not containing that term, and the remainder of this Amendment shall remain in full force and effect. 5. SIGNATURES. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Amendment on behalf of the respective legal entities of the Developer and the City. This Amendment shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. G:lDevelop\Ca Hightands~Amendment No. I to KB Agreement AMENDMENT NO. I TO THE AGREEMENT TO PROVIDE SECURITY AND RIGHT OF ENTRY FOR INSTALLATION OF DRAINAGE IMPROVEMENTS FOR THE CALIFORNIA HIGHLANDS (CITY OF DUBLIN SUBDIVISION # 5926) Page 4 of 4 IN WITNESS WHEREOF the parties do hereby agree to the full performance of the terms set forth herein. CITY OF DUBLIN DEVELOPER KB HOIVI~ SO,,U~TH BAY INC. By: Richard C. Ambrose By: Chris Reder Title: City Manager Title: Division Senior Vice President Date: Date: ~Tune 17 t 2003 Attest: By: KayKeck Title: CITY CLERK Date: Approved As To Form: By: Title: CITY ATTORNEY Date: G:\Develop\Ca Highlands~Amendment No. f to KB Agreement X AMER } STATE OF CALIFORNIA }ss. COUNTY OF Alameda } On June 17, 2003 , before me, Alice E. Salcedo , personally appeared Chris Reder , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(-e.) whose name(.e,) is/az-e- subscribed to the within instrument and acknowledged to me that he/she/they.executed the same in his/,~CC~e~ authorized capacity(!cs-), and that by his/&cr/thc!r signature(.e.) on the instrument the person(s) or the entity upon behalf of which the person/c,.) acted, executed the instrument. WITNESS my hand and official seal. ~ %c"E ~.,~-c~-i::~ ~ ~ %~me~/ ALAMEDA CO~'~ '~ Signature ]__~u '._ L (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title insurance Company CALIFORNIA itlGIt'LANDS: DONLAN CAN~ON SED~ BAS~ KSTI~A~ OF ~RO~LE COST Andrew Leahy P,E. June l 0, 2003 Main Channel Sediment Basin I. Excava~ and o~aul on-sim soils ~ c~a~ a single sed;ment basin ~tim~ 1600 c.y. ~ $12.0Wc.y. ~. Construct gabion ou~I1 ~ exi~ing culw~ 16 c.y. rock filled gabion baskc~ ~ $225/c.y. = 3~00 3, Cons~ct rip rap slope s~bili~tion in 2 Io~tiOns 40 c.y. rip rap ~ $150/c.y. = 6000 4, ~econs~ existing outlet s~cmre and replace gravel ~ter'blankct E~tima~d lump sum = 3500 5. Const~m sccond~ry outlet ~ctum on existing culve~ ~imated lump smn ~ 5000 6. In. Ii steel.posm to mark limi~ of~tum maintcnan~ e~a~vafion Estimate 30 posts ~ $150/post = 4500 7. Miscellaneous finish gr~fng ~stimamd lump sum = 3300 8. Stab[ii~repl~ffm~om all distur~d ar~ ~ound ~dimen~ b~in ~s~ima~d lump sum ~ 5000 Downstream Trjhuta~ 9, ~xcavam and o~aul ~cumula~d sediment from existing Estimate 120 ~.y. ~ $12.00/c.y. = $ 1440 l 0. Rccons~m e~sting ouffal] skuc~m & add in,et dam Esfima~d lump sum = 4000 [ 1. Cons~u~ ca.hen maintenance a~ess ramp in~ s~iment basin E~tim~ted lump sum = 2500 J 2. ReplanEstsbili~/restore ~1 distur~d ar~s around b~in Estimated lump sum - 250~ Base Cohst~etion Cost = $ 60,740 ~seellaneous costs I3. Consm~ction Mobili~tion ~ 5% = 3037 14. Sumey & Construction M~agomen~ ~ 7.5% ~ 4555 15. Cm~s~u~fi6n Conting~n~ ~ 20% = 9 . Total Cons~ctlon Co~ - $ 77,443 Addittonnl Cos~ - estimat~ to be pr~d~ ~ ~A [& R~move 10-- 12 bay t~es being killed by sediment a~umullation Environmental Mlti~tion: c~t, ~pla,~ment w~lands .- Recorded in O??icial RecOrds, Alameda County Pat. r ick 0 'Connel 1, Cl erk-Recorder 99012869 ll:4?am 1/12/99 005 26055854 26 28 A15 31 7.00 90.00 0.~0 0.00"0.00 0.00 0.00 0.00 When RecOrded Mail To: ~ City Clerk City of Dublin ,x~ 100 Civic Plaza r~x,~d OITy OF DUBI. llu Dublin, CA 94568 space above this line for Recorder's Use AGREEMENT TO PROVIDE sEcURITY AND .RIGHT OF ENTRY FOR INSTALLATION OF DRAINAGE IMPROVEMENTS FOR THE' CALIFORNIA HIGHI_dkNDS (CITY OF DUBLIN SUBDMSION #5926) This agreement is entered into between Kaufman & Broad of Northern California, Inc.; a California corporation ("DEVELOPER") and the City of Dublin- ("CITY"), a Municipal Corporation effective this 5th day of November,. 199'8.2'(the "Effective Date").' RECITALS A. On Jilne 25, 1990, the City Council adopted Resolution No. 79 -- 90 approving Tentative Map 592 6 (the "Approval"). B. Conditions Nos. 8, 9, 13, i7, 26, 30, 32, 34, 35 and 79 on the Approval and "Typical pUblic·Works Conditions" Nos. 17 and 40 on the Approval require that, prior to the CITY issuing occupancy permits for b.uildings in Subdivision #5926, the DEVELOPER install various drainage improvements, described therein and further described in the "Summary of Interim and Preliminary Sediment Management P1an for California Highlands" dated October 21, 1998 attached, hereto as Exhibit A and incorporated herein on that certain real property owned by DEVELOPER (the ."Developer's Property") described in Exhibit B attached hereto and incorporated herein and on that certain real property owned by the California Highlands of Dublin Owners Association ("HOA") (the "HOA's Property") described 1 ' RECORDERS MEMO Legib~[ty for microfilming and copying is unsatisfactory in a portion of this d0Cbment when recorded. '- 99012869 in Exhibit C attached hereto and incorporated herein (together these drainage improvements required on the Developer's Property and the HOA's Property are the "Improvements"). .. C. While the DEVELOPER has takenl steps to install the Improvements, as of the Effective Date, all the Improvements have not yet been installed and accepted by the CITY as required by the Conditions of Approval. D. Nevertheless, the DEVELOPER now seeks to obtain occupancy permits for buildings in Su_bdivision #5926. E. The CITY wishes to cooperate with the DEVELOPER in completing Subdivision #5926, but desires enforceable security to ensure that the Improvements will be installed. F.' The DEVELOPER estimates that the cost of completing the Improvements will be approximately $300,000.00, as shown in Exhibit A to this Agreement. G. In consideration for the issuance of the occupancy permits, under'this Agreement. the DEVELOPER will provide the cITY with: 1) a letter of credit in the amount of 150% of the estimate ($450,000.00) 2) a right of entry for the Developer's· Property and the HOA's Property. H. This Agreement and Exhibit D hereto incorporated herein provide the CITY a right of entry to both the Developer's Property and the HOA'S PropertY for the purpose of installing, repairing and maintaining the Improvements.· Both Exhibit E attached hereto and incorporated herein and the Declaration of Restrictions for California Highlands Tract 5926 (the ~'Dedaration'') provide the DEVELOPER the right to enter the HOA's Property for the purpose of installing, repairing and maintaining the Improvements. 'AGREEMENT ' In consideration for the promises set forth below, the adequacy of which is acknowledged and accepted, the parties agree as follows: I.. Prior to September 30, 1999, the DEVELOPER dhalh a) complete the ImProvements to the satisfaction of the Director of Public Works of the City of 2 Dublin, and b) pOst a one year maintenance bond with the CITY in the amount of $225,'000.00 for' the Improvements.. 2. The DEVELOPER has obtained and provided to the CITY the irrevocable letter of credit ('tLetter of. Credit") in favor of the CITY, attached hereto as Exhibit F and incorporated herein. 3. The CITY, its agents, employees or contractors may at any time following 24-hours written notice to the DEVELOPER.or its successor in interest to the Developer's Property, enter t~he Developer's Property to inspect, install or repair the Improvements. SUch right of, entry also allows the CITY to enter and travel . across that certain emergency vehicle and maintenance access easement' shown on sheet 14 on the Map of Tract 5926 filed lanuary 8, 1996 in book 222 of Maps at pages 71-84 Alameda County'offidal records for the purposes of gaining access to 'and egress from the Developer's Property to perform the above activities. The notice required by this paragraph shall be provided to: Richard Ambrosini .ICaufman & Broad of NOrthern California 3130 Crow Canyon Place, Suite 300 San Ramon,.CA 94583 Telephone: (925) 866-9669 Facsimile: (925) 866-7192' 4. After all the Improvements are completed and accepted by the Director of Public Works of the City of Dublin, the CITY shall prompdy release the Letter Of Credit, and the Right of Entry created in paragraph 3 of this Agreement shall expire, provided that Developer has provided a maintenance bond as provided in paragraph 1 of this Agreement. 5. After all the Improvements are completed and accepted by the Director of Public Works of the City of Dublin, DEVELOPER shall, for a period of one year follow/rig the date Of CITY's acceptance, provide such maintenance, adiustment, and repair in the Improvements as the Director of Public Works of the City of Dublin may reasonably deem necessary and appropriate, consistent with the design and specifications fOr the Improvements. The maintenance bond identified in paragraph I of this Agreement shall serve as security for the DEVELOPER's obligatiOns under this paragraph. 012869 6. As provided in the Letter of Credit, at any time aftergiving 10 days written notice to the representative of the DEVELOPER identified in paragraph 3, the CiTY may draw from the funds securedby the Letter of Credit to install or repai_r the Improvements. The CITY, however', anticipates that the DEVELOPER will complete the Improvements to the satisfaction of the CITY, and the CITY will release the Letter of Credk. ~ cITY OF' DUBLIN: Richard C..Ambrose . City Manager ATTEST: APPROVED AS TO FORM: City Attorney I<AUFMAN & BROAD OF NORTHERN CALIFORNIA: Date: )':\WPDWINRSW'd 14\9 8kAGREE'4'NSTLIMP.N13 AUL:rja 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Onpersonally appeared f/~9 ~t~ Name(s} ~Si~n~(s) ~ pemonally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the pemo~ whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/~/~ executed the same in his/~/~r authorized capacity~), and that by ~~ ~ ~~~ his/~/~r signature~ on the instrument the person~, ~ ~~ ~, ,~CK ~ or the entity upon behalf of which the person~ acted, 0~~ ~~s~6~ ~~~,~, u~u~o.~ executed the instrument. ~ ~ ~ ~ WITNESS my hand and official seal. 0~~ Comm. ~1 ~ ~ ~y ALAMEDA COU~Y ~~ Com~. EXp. Nov OPTIONAL Though the information be/o~ is not required by [a~ it may prove valuable to persons re/ying on the documen~ and ~u/d prevent fraudulent removal and rea~achment of ~his fo~ to another documenL Description of A~ached Document ~tle or T~e of uocumenc Document Dine: ~ ~ Number of Pages: Signer(s) Other Than~Named Above: Capaci~(ies) Claimed by Signer(s) Signer's Namo:~~, ~~ or's Namo: ~ Individual ~ luai ~ Corporate Officer ~ Officer ~tle(s): Title(s): ~ PaKner--~ Limited ~ General ~ Pa~ner mited ~ General ~ A~omey-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ ~ Guardian or ~ Other: 7dp of ~humb here ~ Other: Top of thumb here Signer is Representing: Signer Is Representing: 1995 National Note, P/Association · 8256 Remmet Ave,. P.O, Box 7184- · Cancga Park, CA 91309-7184 Prod. No. 5907 Reorder:. Call Toll-Free 1-800-876-6827 State of California ) ) SS. County of Alameda ) On ~~~~~_before me, a Notary Public, personally appeared ~~/h/" personally known to me v *~ ~ ~ ...... ,~,,. ~, ............... ,.,,y ,e.,: to be the person(f~ whose nme(g) is/a~ subscribed.to the within instrument and acknowledged to' me that he/~ eXecuted the same in his~ · o~/.ho~_ · the instrument authorized c.4pacity(i~), and that by h~s/b__: ...... sxgnatureg~) on the personOt), or the entity upon behalf o~ which the persongr) acted, executed the instrument. ~vVITNESS my hand and official seal. EXHIBIT A 9901'2869 Summary of Interim and Preliminary Sediment Management Plan- for California Highlands Subdivision Prepared by Andrew Leahy, 1LC.E. Enclosures 9 9 012'8.6 9 CALIFORNIA HIGHLANDS STREAM/DETENTION BASIN STABILIZATION INTERIM AND LONG RANGE PLANS b.y: Andrew Leahy R.C.E. date: October 21, 1998 INTERIM PLAN ' A. Existing Detention Basin It appears that the bottom of the existing outfal! is too iow, which encourages the ' deposition of sediment at the headwali and existing culvert .where.the stream enters the project storm drain system. 1. Raise 'the bottom of the existing detention basin approximately four feet by constructing a buried box at the headwall, so water does not drop Out of the last reach of the .stream as it enters a deep, still po01 at the pipe entrance. a. It is recognized that filling the bottom of the existing basin. Will reduce the volume. of the project's available detention storage, but it is not expected that this change will be significant. Although as much as four ~feet deep, the area to be filled is relatively small, so the lost volume should not be excessive; In addition, at least a portion of this toss will be made up by recommended regrading around the outfall ' and at the end of the stream channel. Existing topographic maps are not · sufficiently detailed to determine.the extent of these changes, but it is not expected that'the lost volume Will increase 100 year. storage elevations by more than a couple of inches. The surface area of the'full detention basin is at least 40 times as large as the area to be filled. 2. Construct a 42 inch high (+_.)-sediment trap. with perforated Wails on the new basin . bottom, it. is expected that stream flow will fill the portion of the basin on the ' development site to the level of the new outlet virtually every time it rains, providing· some initial settling time and catchment volume before water spills over the raised top 'of the new outfall structure. Once it stops raining and the.stream flow slows down, - .the retained water will drain out fairly.quickly through a gravel filter surrounding the structure, drying out the bottom of the basin. a. The sediment.trap inlet will be a large, sloPed grate facing the stream channel, with a vertical grate facing in the Opposite direction. This wilt permit the basin to drain freely even 'when the structure is partially blocked by debris accumulations at the outlet. · 3. Remove all-lOose-dirt piles'in the basin vicinity and perform-some limited regrading on the slope behind and to the right (facing upstream) of the outfall structure to lower existing grades· and increase the size 'of the sediment catchment. This material can be used to fill in the pond to raise the bottom to its new grade. 4. Place rip-rap to stabilize the downstream end of the stream channel where it enters the detention basin and also to stabilize the bottom of the basin leading to the main tributarY inlet culvert. 5. Replant, Stabilize and restore all disturbed areas with erosion control plantings as Andrew J. Leahy R.C.E. ~. 1 .~ San Francisco, CA California High/ands Stream/Detention Basin Stabi/ization Plans 10/21/98 recommended by the project 'biologist.. 'B. Tributary Stream A small "forebay" where this tributary enters a culvert that discharges into the detention basin has filled with sediment, which has also partially clogged the culvert. This material should be removed to create.a shallow stilling basin upstream of a hay bale silt dam to be constructed at the culvert entrance. The entire area should then be replanted, stabilized and restored. " C. Existing Farm Pond- Reopen the existing ,discharge channel around the left .(facing upstream) end of the pond's earthen dam. Raise the .center of. the dam as required to route all overflow to the discharge channel. Realign the fencing to keep cattle away from the dam face. LONG TERM PLAN A. Existing Detention Basin . The sediment trap constructed in the existing detention basin under the Interim Plan would be maintained as part of the long term plan for addressing the site's sediment accumulation problem and for protecting the downstream drainage system. The sediment control capacity would be expanded as follows for the long term: Stage 1 Construct 2 or 3 rip-rap check dams upstream of the sediment trap, within the limits' of the existing detention basin, t~ slow flow velocities and provide additional areas for deposition of suspended sediment. The number and locatiOn of the dams to be field determined, based on the results of a new topographic survey. Stage 2 (if required, based on system performance during 5 year monitoring period) 1. Significantly expand the interim sediment basin, up into the woods within the boundaries of the existing detention pond, by lowering the natural flood plain terraces on either'side of the main stream channel. This will provide an extended stilling basin where silt would settle out before reaching the sediment trap in the detention basin. The 'new grades would be designed to preserve the existing mature oak trees, to permit easy, long term equipment access for Periodic silt removal, and to maintain the existing trail access that leads upstream through this area. a. Configuration of the basin and the extent of new grading would be subject to the recommendations of the project geoteChnical consultant, to ensure that the steep ' canyon walls in the vicinity would not be destabilized. b. This expanded basin would be the ultimate solution described in all permitting applications for regulatory agencies~ However, the staged approach that allows Andrew J. Leahy R.C.E. 2 San Francisco, CA ~ California Highlands Stream/Detention Basin Stabilization Plans 10/21/98 for modifications· based on field observations would be Presented as the preferred alternative.. 2. Replant, stabilize and restore ali disturbed areas. B. Tributary Stream Construct a single check dam approximately 100 feet upstream of the ';forebay" area at the edge.of the development site (which is to be regraded as an interim measure), on the stream's main tributary. It is not expected that t structure will stop this channel's production of sediment, but it ,.~zill help stabilize an easily-accessible reach that·is undergoing very severe downcutting at the toe of a steep slope. As on the main stream, design and placement of the check dam would be in accordance with the. project geotechnicai engineer's recommendations. C. Existing Farm Pond · Water is currently draining over the.top of an earthen dam that impounds the farm pond at the upstream end of the main stream's watershed. This occurs at the center of the dam, where cattle have beaten down the ground and created a small channel where water trickles out of the pond behind a barbed wire fen~:e. Because the center has been lowered, it. does not appear that any flow is routed to the earth discharge channel, which runs around the left (facing Upstream) end of the dam. Unless this situation is corrected, it appears likely that the dam will eventuaily fail, dumping an enormous sediment load and a large, surge of stored water into the upstream channel. Route overflow from the pond around the right side of. the dam, through a culvert that discharges into the head of the stream channel, 'below the dam' fill. The existing ' discharge Channel runs down a very steep,' potentially unstable wall of the canyon' below the dam, so it is recommended that its use be discontinued. 2. Reinforce/restructure the existing dam as required to raise it well above the stored water level and to ensure its long term stability. Stabilize the slope below the dam with rip-'rap. 3.Replant, Stabilize and restore all disturbed areas. 4. Provide an alternate Water source for cattle so they do not attempt to recreate access to the pond at the dam face. Andrew J. Leahy R.C.E. 3 San Francisco. CA Enclosure 2 · CALIFORNIA HIGHLANDS STR£AMXDET£NTION BASIN STABILIZATION CONCEPTUAL CONSTRUCTION COST ESTIMATE by: Andrew Leahy R.C.E. date: October 21, 1998 INTERIM PLAN A. EXisting Detention Basin I. - Convert existing outfall structure to si~t trap = ~ 12,500 2. Regrade edges of existing detention basin within, developed area = 4000 3. Stabilize end of stream channel and bottom of detention pond with rip-rap Estimate 20 tons rip-rap ~'$60/ton in place = 1200 '4. Replant/Stabilize/Restore all disturbed areas = . .. 2500 · Existing Detention Basin Subtotal = $ 20,200 B. Tributary Stream · 1. Remove accumulated sediment at storm drain entrance Estimate 300 c.y. excavation & offhaul @. $12~50/c.y. = $ 3750 2. Construct Hay Bale Silt Dam = 1250 3. ·Replant/Stabilize/Restore all disturbed areas = .150© Existing Detention Basin Subtotal'= · $ 6500 Interim Plan Construction Total = $ 26,700 LONG TERM PLAN A. Existing Detention Basin Stage 1 1. Construct 3 rip-rap check dams in stream Channel Estimate excavation & backfill @ $2500/check dam 'Estimate 40 tons rip-rap/check dam ~ $60/ton 3 check dams @ ~4900/each = ~ 14,700 ' Stage I Subtotal = $ 14,700 Stage 2 (if required) 1. Clear existing downed trees and debris = 9- 2500 2. Excavate silt basin within limits of existing detention basin Estimate 1200 c.y. excavation & offhaul @ $7.50/c.¥. = 9000 3. Replant/Stabilize/Restore all disturbed areas = Stage 2 Subtotal = $ 24,000 Tributary stream 1. Construct I rip-rap check dam in stream channel Estimate excavation & backfill = ~ 4000 Estimate 80 tons rip-r, ap .placement @ '~60/ton = 4,800 Tributary Stream Subtotal = $ 8800 C. Existing Farm Pond 1. Regrade/Stabi!ize existing earthen dam = $ 17,500 '2. Stabilize eroding slope betow dam -Estimate200 tons rip-rap ~ $75/ton in place = 15,000 3. Install bypass culvert as new pond discharge 300 I.f, (-+) 36" Culvert '@ ~ 110/I.f. = 33,000 Inlet/Overflow'structUre in pond = 7500 Miscellaneous excavation/grading/stabilization.@ outfall = 12,500 4. Replant/Stabilize/Restore all'disturbed areas = ~500Q Farm Pond Subtotal = $ 90.500 Long Term Plan Construction Total = ~ 138,000 Total Project Construction Cost' (TPCC) = t~ 164,700 MISCELLANEOUS COSTS 1. Contingencies & Unanticipated Construction Estimate @ 25% of TPCC = ' $ 41',175 2. Mobilization @ 7.5% of TPCC = 12,.350 3. Engineering, Permitting & Environmental Consulting Estimated Lump Sum = ~0.000 Miscellaneous Costs Total = $ 1.33,525 TOTAL. ESTIMATED PROJECT COST = $ 298,225 Andrew J. Leahy R.C.E. 2 San Francisco, CA Figures (;RATE WILL MOUNT (2) BRACKETS STEEL GRATE '"'k /IN. COLUMNS IN TOP OF POR~JS FRONT W~ALL OPEN REAR WALLS j BETWEEN COLUMNS (aRAT~ NOT SErum) SOLID CONCEEI'E WN.LS ~.2._ajaea only) MAXIMIZE WALL HOLES · AS PERMITTED BY I J SI'RpCTURAL ' DESIGN ~ ~x , NEY/GRAI~E  ~ 6'xs' HO~ZO~ · . BEAM TO SUPPORT ~ POROUS REAR WALL figure Headwall Modification Designed by A~drew Leahy R.C.E. Elevation/Section California Highlands EXHIBIT B The real property in the City of Dublin~ County of Alameda, State of California, described as follows: P~ce! 107 ~ shown on tho Map of T~ 5926, ~ed.l'an",~a,"! 8, .!99~ ~ Book 222 of Maps at page 71, Alameda County Records. ~:.9 9 0 12 8 6 9~/ EXHIBIT C The ~al property/n me City of Dublin, Co=~'7 of ALameSa, 5tare of ~~ fl~cfibed ~ fotlo~ P~el 105 ~ sho~ ~ ~e ~ of T~ 5~ ~ 1~ 8, .1996, ~ B~k 2~ of ~s ~ page 71, ~ C~R~ ' 99012869 EXHIBIT D · city of Dublin When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Space above this'line for Recorder's Use RIGHT OF' ENTRY PERMIT By its signatttre below, CALIFORNIA HIGHLANDS OF DUBLIN oWNERS ASSOCIATION, a California nonprofit corporation, ("Owner") hereby grants permission (the "Licensee") to the CITY OF DUBLIN, a municipal corporation, its agents, ·employees or contractors ("Permittee") to enter and bring the necessary workers, tools .and equipment on'that portion of the property of the Undersigned described below, for the express purpose of .completing drainage utility improvements and related work on the existing pond and detentiOn basin, situated on'Lots 107 and 105 of Tract 5926, respectively, and taking such other actions reasonably necessary in the judgment of Permittee. It is understood and agreed that the Permittee will access the herein described property' eXclusively by way of the existing emergency access road running through the developed and undeveloped areas of Tract 5926 and will leave the property in a dean and orderly condition. Permittee hereby agrees to indemnify, defend, and hold Owner harmless from and against any and all loss, expense (including attorneys and consultants fees), claim, liability, damage and injury to person or property arising from or in connection with the entry onto the 'Property or activities on the Property by Permittee, its employees, consUltants, engineers, agents and.contractors; provided that Permittee shall have 'no responsibility liability for loss, expenSe, claims, liability, damage or injury caused exclusively by the negligent act or omission of Owner or Owner's agents, employees I . · 99012869 or contractors. Th{s License shall remain in fOrce and effect for one year ~om the date the City of Dublin Public Works Director accepts in writing the improvements as complete. All rights hereunder shall cease upon such occurrence. Date: ~,t~_~.fi~. _ t_.~? /L , i998 "' property Description: The real property in the City of Dublin, County of Alameda, State of C~ifomia, described as follows: Lot 105 as shown on the Map °f Tract 5926, fried January 8, 1996, in Book 222 of Maps at page 71, Alameda County Records. Accepted and agreed: OW~qER: CALIFORNIA HIGHLANDS OF DUBLIN OWNERS ASSOCIATION, a California nonprofit corporation pERMITTEE City of Dublin J:\I~'PDkMNRSVVkl 14L98XAGREEXJ~NTKY_DU.N 1 990t 286 on ~i'(~),/r//~0t) )G; ~.qc~ before me, a Notary Public, personally appeared, _~_._ ~3 ~la2~._ ~ person~ly ~om to me (or proved to me on ~e basis of sa~sfactoW e~dence) to be ~e person(s) whose name(s) is/~e subsc~bed to the ~n insment' and · . ac~owledged to me that h&shWthey executed ~e sine in his~er/~ek .. auto.zed capadty(ies), ~d ~at by hi.er/their si~ature(s)on ~e ins~ent the person(s), or the enfiW upon beh~f Of which ~e person(s) a~ed, ~ecuted 'the ins~ment. wITNESs my hand'~d offidfl se~. i,4ogA ,¥' fds c ...... 99012869 CALiFORNiA. ALL-PURPOSE ACKNOWLEDGMENT State of CJi/-/F J~,~ i ~ Name and ~tJe ~ ~cer (e.g., ~gane ~, Notaw Public') personally appeared ~ personally ~own to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) is/are subscribed to the within inst~ment and acknowledged to me that he/she/they executed the same in his/her/their authorizedcapacity(ies), and that by' g ~ KAY KECK ~ his/her/their signature(s) on the instrument the person(s), O~ Corem ~1113261 ~ or the entity upon behalf of which the person(s) acted, O~NOTARYPU~IC CALIFORNIA~ executed the instrument. ~ ~~ ~AMEDA COUN~ WITNESS m~;~5 OPTIONAL Though the information be/ow i~ not required by law, ~ may prove valuable to per~on~ relying on t~e d~ument and aou/d prevent f~udulent removal and rea~aohment o~ this ~o~ to another document. Description of A.achedDocument ~tle or Type of Documont~~. _ ~ ~~ gocumentDate: ~~~ /~! I~ Number of Pages: Capacity(les) Claimed by Signer(s) Signer's N~~ 'er's Name: ~ Individual [ual ~ Co.orate'Officer ~ Officer ~tle(s): ~tle(s): ~ PaKner~ Limited ~ General Q Pa~ner mited ~ General ~ A~orney-in-Fa~ ~ Trustee ~ Trustee . ~ Guardian or Consewator ~ ~ Guardian or ~ Other: ~ ~ Other: Top of thumb here Signer Is Representi~: Signer Is Representing: © 19~5 National Notary Association - 8236 Remmet Ave,, P.O. Box '~184 o Canoga Pad(, CA 91309-7184 Prod. No. 5907 Reorder:. Call Toil~Free 1-,800~76-6827 EXHIBIT E City of Dublin When Recorded Mail To: City' Clerk.- City of Dublin !00 Ci,Ac Plaza Dublin, CA 94568 Space above this line for Record&s Use RIGHT OF ENTRY PERMIT By its signature below,. CALIFORNIA HIGHLANDS OF DUBLIN OWNERS ASSOCIATION, a California nonprofit corporation, ("Owner") hereby grants .. permission (the "Licensee") to KAUFMAN & BROAD OF NORTHERN CALIFORNIA, INC., its contractors and their authorized agents ("Permittee") to enter and bring the 'necessary workers, tools and equipment on that portion of the property of the undersigned described below, for the express purpose of completing drainage utility improvements and related work on the existing pond and detention basin, situated on Lots .107 and 105 of Tract 5926, respectively, and taking such other actions reasonably necessary in the judgment of Permittee. It is understood and agreed that the Permittee will access the herein described property exclusively by way of the existing emergency access road running through the developed and undeveloped areas of Tract 5926 and will leave the property in a dean and orderly condition~ · Permittee hereby agrees to indemnify, defend, and hold Owner harmless from and against any and all loss, expense (inducting attorneys and consultants fees), claim, liability, damage and injury to person or property arising from or in connection with the entry onto the Property or activities on the Property by Permittee, its employees, consultants, engineers, agents and contractors; provided that Permi~ztee shall have no responsibility liability for loss, expense, claims, liability, damage or injury caused exclusively by the negligent act or omission of Owner or Owner's agents, employees 1 990I 869 .., < or contractors. At all.times dinting the.term of ~e ~cense, Pe~ttee sh~l force ~d effect ~e follo~ng insurance: (i) Worker's Compensa6on instance n~N,,ai.. ~ ~ ' emp..yees liability) ~ minimm limits of $1,000,000 ea& for bodily inju~ by accident (per acddent), bodily inj~ by disease (poli~ li~t) ~d bo~ly injuW by ~sease (each employee);. (ii) Commerd~ gener~ liability insurance -~tten on ~ occu~ence basis, ~ li~ts of at least $1,000,000 per person per accident ~d at le~t $1,000,000 property dmage, or Combined Single .Limit of at least $1,000;000 consisting of bo~ bodily inj~ and properW damage Coverage and ~duding proje~s .. liability coverage and con~actu~ liab~W ~ressly coveting, M~out li~m~on, ~1 of Subcon~aCmr's obligations ~der ~is Liceme, ~duding, but not li~ted to, ~e follo~ng: coverage pursuit to IS0 Endorsement No. CG 20-10-11-85, presses/operations, products/completed operations, om~s/c6ntractors protective, independent contra~ors, 'bla~et con~a~u~ liability, broad fora property dmage, person~ inj~, "X", "C", stmct~ inj~ to b~lding or s~ure, ~or d~ge to prope~ below ~e s~face of ~e go~d; and (iii) Automobile HabiliW instance, including liability for ~1 omed, hired and non-o~ed vehicles, ~ miffimm limits of $1,000,000 fro bodily inj~ per,persons $1,000,000 property damage and $I,000,000 combined,single limit per occ~ence. Owner shall be named as an additional insured under the commercial general liability policy. The policy shall stipulate that the insurance afforded the additional insured shall apply as primary insurance and that any other insurance carried by Owner will be excess only and will not contribute a "daims made" basis. All insurance policies required herein shall be issued by responsible insurance companies, maintaining an A~M. Best's Rating of AVI or better and qualified to do business in the state where the Work and/or Project is located. This License shall remain in force and effect for one year from the date the City of Dublin Public Works Director accepts in writing the improvements as complete. All rights hereunder shall cease upon such occurrence. 2 Date: pJtg~/~'-~- /~ ,1998 Prope~y Desct4~iption: The rea! propemy in the City of Dublin, Co~nty o_ Alameaa, State of California/described. as follows: Lot 105 as shown on the Map of Tract' 5926, filed January 8, 1996, in Book 222 of Maps at page 71, Alameda County !~cords. Accepted and agreed: OWNEP, x 'CALIFORNIA HIGHLANDS OF DUBLIN OWNEILS ASSOCIATION; a California nonprofit corporation PERMITTEE I<aafman & Broad of Northern California, Inc. I:\WPDXaMNRSW~I I,}\98XAGREE~ENTRY_KB.N13 On ~'}r~_~ .,,~l~/1 l~: Iq~ ~ before me, a Notary Public, personally appeared personally lanown to me (or proved to me on the basis of satisfactow evidence) to be the person(s) whose r~ame(s) is/are subscribed to the within instrument and acknow!edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. · WITNESS my hand and official seal. State of California ) County of Alameda ) personally appeared personally known to me (or-proved *~ ~ ~. ,ho h~sis to be ~e person(~ whose n~e(~) is/~subscfibed to ~e ~in ins~ent and ac~owledged to me that hW~ executed ~e sine in hi~ authorized capaciW(~), and t~t by his&~cr/O, cir si~ature(?} on the inst~ent the person(~, or the entity upon behflf of wN~ ~e person~ acted, exerted the ins~ment. 'WITNESS my hand and offidal seal. -Gt~NA M. CURTIS ~ Comm. F.x~. F~. 19,'2000 ~ PAGE DATE: NOVEMBER 5, ~998 IRREVOCABLE. STANDBY LETTER OF CREDIT NUMBER: 3012928 BENEFICIARY APPLICANT CITY OF DUBLIN KAUFMAN AND BROAD OF NORTHERN 100 CIVIC PLAZA CALIFORNIA, INC. DUBLIN, CALIFORNIA 94568 3130 CROW CANYON ROAD, SUITE 300 ~ ~, SAN RAMON, CALIFORNIA. 94583 AMOUNT USD 450,000.00 FOUR HUNDRED FIFTY THOUSAND AND 00/100'S US DOLLARS EXPIRATION NOVEMBER 30, 1999 AT OUR COUNTERS · WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 3012928 WHICH IS AVAILABLE WITH BANK OF AMERICA NT & SA BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AATD YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA NT & SA, ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW: . BENEFICI;tRY'S SIGNED STATEMENT AS FOLLOWS: "PROCEEDS FROM THIS LETTER oF CREDIT WILL BE USED BY THE CITY To PAY · FOR COSTS RELATING TO THE INSTALLATION OF THE IMPROVEMENTS (AS THAT TERM IS DEFINED IN THE "AGREEMENT TO PROVIDE SECURITY AND RIGHT OF ENTRY· FOR .INSTALLATION OF DRAINAGE IMPROVEMENTS FOR THE CALIFORNIA HIGHLANDS (CITY OF DUBLIN SUBDIVISION 5926)", ENTERED INTO ON ', NOVEMBER 5, 1998 BETWEEN KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, INC. A_ND THE CITY OF DUBLIN} WHIC/4 COSTS ARE INCURRED BY (A) THE CITY, (B) ITS AGENTS, (C) ITS EMPLOYEES, (D) ITS CONTRACTORS, OR (E) ANY THIRD PARTY (SUCH AS THE HOA) WHICH THE CITY MAY ELECT TO PAY." 'WE HEREBY ENO=AGE WITH THE BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT - WILL BE DULY HONORED UPON PRESENTATION, AS SPECIFIED HEREIN. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS ~ PRACTICE FOR DOCUMENTARY CREDITS (1993 REVIS'I.ON), INTERNATIONAL CHAMBER OF COMMER. CE PUBLICATION NO. 500. AU/~R~U' SIGNATURE AUTHORIZED S!GNA.T_qq~R ' __/~ t T~is ooC~m' CONSISTS OF'Z ~AGEm,.- . ./ CHERYL JEFFERSON ORIGINAL Bank of Ame~ca NTaSA T,,ade Operations Cent~ s655 333 South Beaud~ Avenue, I gth Flr., Los Angetes. CA 90017 CABLE ADDRESS: Telex MCI 67652 GANKAMER SrO · SWIFT ADDRES~ BOFAUS6S CO~R-!04'~A ~a.g5 I~!or~! e.~) PAGE: 1 DATE: NOlrEMBER 5;% i998 ' IRREVOCABLE sTANDBY LETTER OF CREDIT NUMBER: 3012928 BENEFICIARY ' APPLICANT CITY OF DUBLIN tCAUFFLm_N AND BROAD OF NORTHERN 100 CIVIC PLAZA CALIFORNIA, INC. DUBLIN, CALIFORNIA 94568 3130 CROW CANYON ROAD, SUITE 300 SAN RAMON, CALIFORNIA 94583 AMOUNT USD 450,000.00 FOUR HUNDRED FIFTY THOUSAND ~ 00/100'S US DOLLARS EXPIRATION NOVEMBER 30, 1999 AT OUR COUNTERS WE HEREBY ESTABLISH .IN YOUR FAVOR OUR Il{REVOCABLE STANDBY LETTER OF CREDIT NUMBER 3012928 WHICH IS AVAILABLE WITH BA/~K OF AMERICA NT & SA BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS 'LETTER OF CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA NT & SA, ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW: '' BENEFICIARY'S SIGNED STATEMENT AS FOLLOWS: ;'PROCEEDS FROM THIS LETTER OF CREDIT WILL BE USED BY THE CITY TO PAY FOR COSTS RELATING TO THE INSTALLATION OF THE IMPROVEMENTS (AS THAT TERM IS DEFINED IN THE ,'AGREEMENT TO PROVIDE SECURITY AND RIGHT OF ~". ENTRY FOR INSTALLATION OF DRAINAGE IMPROVEMENTS FOR THE CALIFORNIA HIGHLANDS (CITY OF DUBLIN'SUBDIVISION 5926)", ENTERED INTO ON . NOVEMBER 5, 1998 BETWEEN KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, INC. AND THE CITY OF DUBLIN) WHICH COSTS ARE INCURRED BY (A) THE CITY, (B) ITS AGENTS, (C) ITS EMPLOYEES, (D) ITS CONTRACTORS, OR (E) ANY THIRD PA~TY (SUCH AS THE HOA) WHICH THE CITY MAYELECT TO PAY." WE HEREBY ENGAGE WITH THE BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND '- IN COMPLIANCE WITH THE TERMS AlqD CONDITIONS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION, AS SPECIFIED HEREIN. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. r/ THIS DOCUMENT CONSISTS OF I PAGE(S). ' CHERYL IB~FERSON ORIGINAL Bank of Amer~a NT&SA Trade Operatk~n~ Cent[er 5655 333 South Beaudry Avenue, 19th F~ Les Angel~.. CA 90047 CABLE ADDRESS: Telex MC,! ~" %NKAMER SFO · SWIFT ADDRESS BDFAUS6S