HomeMy WebLinkAbout4.05 Fairway Ranch Tr 7453CI'TY CLERK
AGENDA STATEMENT
CZTY COUNCIL MEETTNG DATE: NoVember 4, 2003
SUBJECT:
Approval of Final Map and Tract Improvement Agreement,
and Acceptance of Parkland Requirements for Tract 7453,
Fairway Ranch
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
3)
4)
Resolution Approving Final Map and Tract Improvement
Agreement, together with Exhibit "A"
Resolution for Acceptance of Parkland Requirements
Reduced copy of Final Map, Tract 7453
Location Map of the Neighborhood Square
RECOMMENDATI~kj~ 1)
FINANCIAL STATEMENT:
Adopt Resolution approving Final Map and Tract
Improvement Agreement for Tract 7453
Adopt Resolution for Acceptance of Parkland Requirements
for Tract 7453
The developer is providing bonds to guarantee construction of the
street, grading, utility improvements and landscaping, and will pay
the cost of construction inspection. Once improvements have been
constructed and accepted, the City will incur maintenance costs for
the City-maintained improvements within Tract 7453.
DESCRIPTION: The Final Map for Tract 7453 will subdivide the Lin's property
generally located between Keegan Street and Fallon Road, and Central Parkway and 1-580 into four lots.
Lots 1, 2 & 3, encompassing approximately 20 acres, will be developed as the Fairway Ranch project.
Lot 1 will be developed with 322 apartments, Lot 2 with 304 apartments, and Lot 3 with 304 residential
condominium units. A future final map for condominium purposes will be processed for Lot 3. The
fronting roads to these lots are being dedicated with this Final Map. The remaining 124 acres (Lot 4) will
be subdivided and developed in the future in accordance with the Dublin Ranch Master Plan. By separate
deed the Lins are dedicating the 1.91-acre Neighborhood Square at Chancery Lane and Finnian WaY in
Dublin Ranch, Area G, and a portion of the adjacent Central Parkway right-of-way that is outside the
boundary of Tract 7453.
COPIES TO: Marty Inderbitzen, Lin's Attorney
ITEM NO. 4~
G:XDEVELOP',Dublin Ranch~Fairway Ranch~Final Map~Agenda Statement .doc
The Improvement Plans for Tract 7453 have not yet been prepared. The bond amounts and Tract
Improvement Agreement are based on an estimate for bonding that contains detailed desCriptions and
exhibits defining the improvements to be constructed. In the absence of approved improvement plans,
the City has required the developer to bond for 150% of the improvements and for the design. The Final
Map for this tract has been reviewed and found to be in conformance with the Tentative Map and the
Conditions of Approval.
Dedication of the li91-acre Neighborhood Square in Area G satisfies the neighborhood parkland
requirements for Lots 1 and 2. The community parkland dedication requirements are met pursuant to
credits, as set forth in the Dublin Ranch MaSter Development Agreement. Lot 3 parkland fees will be
collected with the Final Map for condominium purposes on Lot 3, or with the Community Facilities Fees
at the issuance of building permit if no such map is filed.
Staff recommends that the City Council adopt the resolutions approving the Final Map and Tract
Improvement Agreement for Tract 7453, and for the Acceptance of Parkland Requirements for Tract
7453.
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND
TRACT IMPROVEMENT AGREEMENT FOR TRACT 7453
WHEREAS, the Final Map for Tract 7453, 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, Chang Su-O-Lin (also known as Jennifer Lin), Hong Lien Lin (also
known as Frederic or Frederich Lin) and DR Acquisitions II, LLC, a Delaware Corporation, has executed
and filed with the City of Dublin a Tract Improvement Agreement to improve required subdivision
improvements in accordance with the Conditions of Approval for the Tentative Map attached thereto; and
WHEREAS, said Tract Improvement Agreement is
Developers Surety and Indemnity Company in the amount of
performance of said Agreement; and
secured by a bond furnished by the
$ 5,317,000, conditioned upon faithful
WHEREAS, said bond furnished by the Developers Surety and Indemnity Company in the
mount of $ 5,317,000 secures the Tract Improvement Agreement, conditioned upon payment for labor
performed or materials furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said agreement, attached hereto as Exhibit "A",
and bonds are hereby approved, and the Mayor is hereby authorized to execute said agreement.
BE IT FURTHER RESOLVED that the Final Map of Tract 7453 is hereby approved, that rights
to the areas marked as Keegan Street, Central Parkway, Lockhart Street, Dublin Boulevard, Public Service
Easement (PSE), and Emergency Vehicle Access Easement (EVAE), offered for dedication to public use
in conformity with the terms of dedication 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 4th day of November, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
Tract 7453
This agreement is made and entered into this 4th day of November, 2003, by and
between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and
Chang Su-O-Lin (also known as Jennifer Lin), Hong Lien Lin (also known as Frederic or
Frederich Lin), and DR Acquisitions II, LLC, a Delaware Corporation, ("the Lins"), and Sierra
Land Development Corporation, a California Corporation ("Sierra Land") (the Lins and Sierra
Land are hereinafter referred to collectively as "DEVELOPER").
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State
of California, that the DEVELOPER of Tract 7453, desires to improve and dedicate those
public improvements (hereafter "The Improvements") required by City of Dublin Planning
Commission Resolution No. 03-31 adopted on June 24, 2003 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 described in
the Estimate for Bonding Tract 7453, consisting of 14 pages, prepared by MacKay &
Somps and dated October 10, 2003, and now on file in the office of the City En§ineer,
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; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of The Improvements in consideration for DEVELOPER's satisfactory performance
of the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence preparation of plans for the construction of The
Improvements within thirty (30) days following the date on which CITY executes this
Agreement. DEVELOPER shall complete said improvements 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 as-
built plans of The Improvements, including any authorized modifications.
TRACT IMPROVEMENT AGREEMENT
Tract 7453
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement as
presented in the Estima.Ce' for Bonding Tract 7'4'J3, dated October 10, 2003 prepared by
"MacKay and $omps is agreed to be $ 5,3'!7,000.00. Said amount includes a 50%
contingency that will be reduced to 10% when a new estimate for bonding is prepared and
approved based on approved plans. The bond amount for the sanitary sewer and water
improvements will be eliminated from the bond amount when these items are .bonded with the
Dublin San Ramon Service District. Said amount also includes costs and reasonable
expenses and fees which may be incurred in enforcing the obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the following security in a form satisfactory to the CITY Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred per cent (100%) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The.Improvements ~will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general sure. ty 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 DEVELQPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment
shall be paid therefor.
C..If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surface water drainage of the subdivision shall not
interfere with the use of neighboring property, including pubtic streets and highways.
CITY shall bethe 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.
4. insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be
obtained with the CITY, all insurance required under this paragraph. Prior to the
commencement of work under this Agreement, DEVELOPER's general contractor shall
obtain or cause to be obtained, all insurance required under this paragraph. DEVELOPER
and DEVELOPER's general contractor shall provide proof satisfactory to City of such
insurance that meets the requirements of this section and under forms of insurance
satisfactory in all respects to the City. DEVELOPER shall not allow a~.y contractor or
subcontractor to commence work on this contract or subcontract until all insurance required
TRACT IMPROVEMENT AGREEMENT Page 2 o1'2
Tract '7433
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 covedng Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial Generai Liability coverage ("occurrencef' form
CG 0001 .)
2) Insurance .Services Office form number CA 0001 (Ed. 12/90) 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 properly 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 project/location or the
general aggregate limit shall be twice the required occurrence limit.
2) Au(omobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor. Code of the State of California
and 'Employers Liabitity limits of $1,000,000 per accident,
C. Deductibles and Self-lnsurance Retentions. Any deductibles or self-
insured retentions must be. declared to and approved by the CITY. At the °ption of the
CITY, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; or the
DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D. Other Insurance ProviSions.
contain, the following provisions:
The policies are to contain,
or be endorsed to
1) General Liability and Automobile Liability Coveraaes.
TRACT IMPRO¥'E,'~b~ AGPCEEMENT Pa2e 3 of 10
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.
..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.
Any. failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
em ployees or volunteers.
d)
The DEVELOPER's insurance shall apply separately to each
insured against-whom .claim is made or suit is brought, except with
respec~ 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) A!I Covera.qes.'
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party, redUced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail;
return receipt requested, has been given to the CITY.
a) AcceptabilitY of insurers, insurance-is to be placed with insurers
with a Bests' rating'of no less than A:Vil.
b)
Verification of Coverage. DEVELOPER shall furnish CITY ,,Nth
certificates of insurance and with original endorsements affecting
coverage required by this 'clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
'['.he 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 ali
required insurance policies, at any time.
Subcontractors. DEVELOPER and/or DEVELOPER's generat
contractor shall include all subcontractors as insureds under its
polities or. shall obtain separate certificates and endorsements, for.
each subcontractor. All coverages for subcontractors shall be
subject to all of. the requirements stated herein.
5. 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 ali defects of workmanship and materials for a period of one (1) year after initial
acceptance of the entire ~vork by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one-
year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and
materials actually appear during the one-year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year to insure that
such defects have actually been corrected.
in the event the DEVELOPER shall fail to comply With the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing,' CITY shall
have the dght, 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
of 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 foregoi.ng 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 wo.CK, 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 atthe maxi mum rate of interest permitted-by taw accruing thirty (30)
days from the date of billing for such work or repairs.
6. Inspection of the Work:
DEVELOPER shall guarantee free access to CITY through its City Engineer and his
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 ptans and specifications, and ail 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.
7-. Agreement Assianmen_L
This Agreement shall not be assigned by DEVELOPER without the ~¢itten consent of
'CITY.
8. 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 thei-eof, 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, subcoptractors, agents or employees should violate
any of the provisions of this Agreement, the CiTY through its Pubtic Works Director may
serve written notice on DEVELOPER and DEVELOPER's surety or holder of Other security of
breach'of this Agreement, or of any portion, thereOf, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety
.shall have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice 'of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does no( commence performance thereof within thirty (30) days after notice to
CfTY' of such election, CITY may take over the work and prosecute the same to cOmpletion,
by contraCt or by any other method C,ITY 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-utiti, ze in completing
the work, such materials, appJian.ces, plant and other property belonging to DEVELOPER as
may be on the site of the work and necessary therefor.
All notices herein required shall be in *~iting, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dubtin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Martin Inderbitzen
Attorney at Law
7077 Koli Center Plaza, ¢120
Pteasanton, California 94.566
and
The Lin Family
c/o James Tong.
4690 Chabot Drive, Sui'te 100 Pleasanton, CA 94588
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Martin tnderbitzen
Attorney at Law
7077 Koll Center Plaza, ¢120
Pleasanton, Catffomia 94566
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..
9. 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 i~provements by ClTI'Y.
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.
10. 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 shatt fumi .s.h, Cace, and maintain such iights 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.
11. Acceptance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as-built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated
~'epresentative, shall examine the tract work without delay, and, if found to be in accordance
with said plans and specifications and this Agreement, shall recommend acceptance of the
work to the City Coundl ,and,- upon such acceptance, shall notify DEVELOPER or his
designated agents of such acceptance.
12. Patent and Copyri,qht 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 cop~ight, DEVELOPER shall be
liable for, and shall indemnify CITY from any fees, costs or litigation expenses, inoiuding
attorneys' fees and court costs, which may result from 'the use of said patented or copyrighted
material, process or publication.
13. 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.
I4. Liability.
A. DEVELOPER primarily Liable. DEVELOPER hereby warrants that the
design and construction of The improvements will not adversely affect any portion of
adjacent properties and that all work will be performed in a proper manner.
DEVELOPER agFees to indemnify, defend, re~ease, and save harmless CITY, and
each of its elective and appointive boaFds, commissions, officers agents and
employees, from and against any and ali tos.s, 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 DEVELQPER'S actions and obligations
hereunder; provided as follows:
1 ) That'Cl'FY 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 harmtess 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) Desi,qn Defect. ~f, 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. l'n 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 atso be entitled to .recover its attorney's.fees and costs in any
action against DEVELOPER's sUrety on the bonds provided under paragraph 3.
15. Recitals.
The foregoing Redtais are true and correct and are. made a part hereof.
IN W~TNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN:
By:
Janet Lockhart,'Mayor
DEVELOPER:
~.,.~...~../~..-,~., .~ Date_~/~ ¢2,,
Chang ,~uLO-Lin,~
(als° kno~ as Je'nnif~f
ATTEST:
By:
Kay Keck, City Clerk
Hong L~en Lm ¢'~'.~,¢.
(also known as Frederich Or Frederic Lin)
ao Lin ¢,~-¢
(also known as Kevin Lin)
;Development Corporation
3ame~cretary' Date:.//'o*-
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTANCE OF PARKLAND REQUIREMENTS
FOR TRACT 7453 FINAL MAP
WHEREAS, pursuant to Section 8-7.1 of Subdivision Ordinance 1-91, as adopted bY the City
of Dublin, and City of Dublin Municipal Code 9.28.020, and as amended by City Council Resolution
60-99, each subdivider of land for residential uses shall as a condition of the approval of a Final
Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for
park and/or recreational purposes; and
WHEREAS, the Lin Family is subdividing land to create three lots for developing 626 multi-
family residential dwelling units on Lots 1 and 2, and 304 residential condominium units on Lot 3;' and
WHEREAS, the Lin Family has dedicated to the City of Dublin 1.91 acres of land for a
Neighborhood Square; and
WHEREAS, the City Neighborhood Parkland dedication requirements in accordance with the
adopted fee schedule associated with the Neighborhood Parkland component of the Public Facility Fee for
Multi-Family Residential Dwelling Units in Eastern Dublin is 1.88 acres for Lots 1 and 2; and
WHEREAS, the Neighborhood Park land dedication requirements for Lot 3 will be met priOr to
filing of the Final Map for condominium purposes on Lot 3 or prior to issuance of a building permit, if no
such map is filed; and
WHEREAS, the Master Development Agreement between the City of Dublin and the Lin Family
for the Dublin Ranch Project (Areas A, B, C, D, E, F, G, and H) recorded as Series No. 99251790 on July
8, 1999, obligates the Lin Family to convey Community Park land in eastern Dublin and will therefore
satisfy the Community Park Land dedication requirement of 4.38 acres for Lots 1 and 2;
NOW, THEREFORE, BE IT RESOLVED that the aforesaid dedication and in-lieu fee is hereby
accepted as performance of the Lin Family's obligation for Lots 1 and 2 of Tract 7453 under Section 8-7.1
et seq. of the aforesaid Subdivision Ordinance 97-1.
PASSED, APPROVED AND ADOPTED this 4th day of November, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
/3
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