HomeMy WebLinkAbout4.3 Jordan Ranch Tr 8155 Brookfield Bay Areaor nU,��
19 82 STAFF REPORT CITY CLERK
CITY COUNCIL File #600 -60
DATE: May 20, 2014
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of
Agreement for Long -Term Encroachment for Landscape Features, Approval of
Stormwater Treatment Measures Maintenance Agreement, and Acceptance of
Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for
Tract 8155, Jordan Ranch, Neighborhood 4 (Brookfield Bay Area Holdings LLC)
Prepared by Jayson Imai, Senior Civil Engineer
EXECUTIVE SUMMARY:
Brookfield Bay Area Holdings LLC, a Delaware Limited Liability Company, is filing a Final Map
for Tract 8155 (Jordan Ranch, Neighborhood 4) to create five lots for the construction of 70
condominium homes. Tract 8155 is bounded on the north by Carbondale Way, on the west by
Sunset View Drive, on the south by Central Parkway, and on the east by lot 4 of Tract 8100.
FINANCIAL IMPACT:
Park land dedication requirements are proposed to be satisfied with Park Land Credits held by
the Developer. Credits are being used to satisfy $518,919.00 in Community Park Land Fees
and $267,050.00 in Neighborhood Park Land Fees due.
The developer has signed a Tract Improvement Agreement and has posted bonds to guarantee
the construction of tract improvements within Tract 8155. The Performance Bond and Labor &
Materials Bond amounts for construction of the tract improvements are for 100% of the
estimated cost to construct the improvements. Bond amounts are summarized in the table
below.
Purpose of Bond.
Bond Number
Amount of Bond
Performance
TM5156524/015043715
$1,131,380.00
Labor & Materials
TM5156524/015043715
$1,131,380.00
The developer will be responsible for all construction inspection costs related to the
improvements required for Tract 8155. All streets internal to the proposed subdivision will be
privately owned and maintained by the Homeowners' Association. The Homeowners'
Association will also be responsible for maintaining the project - related landscape features within
the public right -of -way and for maintaining the stormwater treatment measures constructed with
this project.
Page 1 of 3 ITEM NO. 4.3
RECOMMENDATION:
Staff recommends that the City Council take the following actions: 1) Adopt a Resolution
Approving Final Map and Tract Improvement Agreement for Tract 8155, Jordan Ranch,
Neighborhood 4; 2) Adopt a Resolution Approving the Agreement for Long -Term
Encroachment for Landscape Features for Tract 8155, Jordan Ranch, Neighborhood 4; 3) Adopt
a Resolution Approving the Stormwater Treatment Measures Maintenance Agreements for
Tract 8155, Jordan Ranch, Neighborhood 4; and 4) Adopt a Resolution Accepting Park Land
Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 8155, Jordan
Ranch, Neighborhood 4.
Submitted By
Public Works Director
DESCRIPTION:
(ice
Reviewed By
Administrative
Services Director
dr
'\ Reviewed By
Assistant City Manager
Brookfield Bay Area Holdings LLC, a Delaware Limited Liability Company, is filing a Final Map
for Tract 8155, to subdivide Lot 5 of Tract 8100 into five lots for the construction of 70
condominium homes (Attachment 1). The Final Map for Tract 8155 also creates two private
streets (Forrest Springs Road and Blackrock Road), multiple private alleyways and dedicates a
public service easement and emergency vehicle access easement. The Final Map for Tract
8155 has been reviewed and found to be in conformance with the Tentative Map and Conditions
of Approval adopted by Planning Commission Resolution No. 10 -25 on May 11, 2010.
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 8155 provides
for the Homeowners' Association to maintain project - related landscape features within the public
rights -of -way along the project boundary streets, including planter strips, sidewalks, and street
trees.
The Stormwater Treatment Measures Maintenance Agreements for Tract 8155, Jordan Ranch,
Neighborhood 4, provides for the Homeowners' Association to maintain the stormwater
treatment measures constructed with this project, which include storm drain inlet inserts and
bioretention ponds.
Staff has prepared a Resolution Approving the Final Map and Tract Improvement Agreement for
Tract 8155, Jordan Ranch, Neighborhood 4 (Attachments 2 and 3); a Resolution Approving the
Agreement for Long -Term Encroachment for Landscape Features for Tract 8155, Jordan
Ranch, Neighborhood 4 (Attachments 4 and 5); and a Resolution Approving Stormwater
Treatment Measures Maintenance Agreements for Tract 8155, Jordan Ranch, Neighborhood 4
(Attachments 6, 7 and 8).
Page 2 of 3
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.
Brookfield Bay Area Holdings LLC, has acquired Community Park Land Credits and
Neighborhood Park Land Credits from another developer. The following table shows how
Brookfield Bay Area Holdings LLC will satisfy the park land requirements for Tract 8155:
The calculation of the acreage required and /or in -lieu fees are determined in accordance with
City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution Accepting Park
Land Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 8155, Jordan
Ranch, Neighborhood 4 (Attachment 9), which outlines the requirements and how Brookfield
Bay Area Holdings LLC will achieve compliance.
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 Brookfield Bay Area Holdings LLC.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8155
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 8155, Jordan Ranch, Neighborhood 4
3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract
8155, Jordan Ranch, Neighborhood 4
4. Resolution Approving the Agreement for Long -Term Encroachment
for Landscape Features with Tract 8155, Jordan Ranch,
Neighborhood 4
5. Exhibit "A" to Resolution, Long -Term Encroachment Agreement with
Tract 8155, Jordan Ranch, Neighborhood 4
6. Resolution Approving Stormwater Treatment Measures Maintenance
Agreement with Tract 8155, Jordan Ranch, Neighborhood 4
7. Exhibit "A" to Resolution, Stormwater Treatment Measures
Maintenance Agreement with Tract 8155, Jordan Ranch,
Neighborhood 4
8. Exhibit "B" to Resolution, Stormwater Treatment Measures
Maintenance Agreement with Tract 8155, Jordan Ranch,
Neighborhood 4
9. Resolution Accepting Park Land Dedication In -Lieu Credits for Park
Land Dedication Requirements for Tract 8155, Jordan Ranch,
Neighborhood 4
Page 3 of 3
Dedication
Fees In Lieu
Brookfield Bay Area
Requirement
of Dedication
Holdings LLC
Compliance
Community Park Land
0.49 acres
$518,919.00
Use of Credits Acquired
Neighborhood Park Land
0.21 acres
$267,050.00
Use of Credits Acquired
The calculation of the acreage required and /or in -lieu fees are determined in accordance with
City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution Accepting Park
Land Dedication In -Lieu Credits for Park Land Dedication Requirements for Tract 8155, Jordan
Ranch, Neighborhood 4 (Attachment 9), which outlines the requirements and how Brookfield
Bay Area Holdings LLC will achieve compliance.
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 Brookfield Bay Area Holdings LLC.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8155
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 8155, Jordan Ranch, Neighborhood 4
3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract
8155, Jordan Ranch, Neighborhood 4
4. Resolution Approving the Agreement for Long -Term Encroachment
for Landscape Features with Tract 8155, Jordan Ranch,
Neighborhood 4
5. Exhibit "A" to Resolution, Long -Term Encroachment Agreement with
Tract 8155, Jordan Ranch, Neighborhood 4
6. Resolution Approving Stormwater Treatment Measures Maintenance
Agreement with Tract 8155, Jordan Ranch, Neighborhood 4
7. Exhibit "A" to Resolution, Stormwater Treatment Measures
Maintenance Agreement with Tract 8155, Jordan Ranch,
Neighborhood 4
8. Exhibit "B" to Resolution, Stormwater Treatment Measures
Maintenance Agreement with Tract 8155, Jordan Ranch,
Neighborhood 4
9. Resolution Accepting Park Land Dedication In -Lieu Credits for Park
Land Dedication Requirements for Tract 8155, Jordan Ranch,
Neighborhood 4
Page 3 of 3
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RESOLUTION NO. -14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 8155, JORDAN RANCH, NEIGHBORHOOD 4
WHEREAS, the Final Map for Tract 8155, 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, Brookfield Bay Area Holdings LLC, a Delaware Limited
Liability Company, has executed and filed with the City of Dublin a Tract Improvement
Agreement for Tract 8155 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 a bond furnished by
Liberty Mutual Insurance Company in the amount of $1,131,380.00 for the site improvements
(Bond No. TM5156524/015043715), conditioned upon faithful performance of said Agreement;
and
WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by
Liberty Mutual Insurance Company in the amount of $1,131,380.00 for the site improvements
(Bond No. TM5156524/015043715), conditioned upon payment for labor performed or material
furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby
approved.
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby
authorized to execute said Tract Improvement Agreement, attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the Final Map of Tract 8155 be and the same is
hereby approved, and that rights to the areas marked as Public Service Easement (PSE), and
Emergency Vehicle Access Easement (EVAE), offered for dedication to public use in conformity
with the terms of dedication be, and they are hereby accepted, subject to improvement, and that
the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for
filing.
PASSED, APPROVED AND ADOPTED this 6th day of May, 2014, by the following vote:
AYES:
1
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 8155
This agreement is made and entered into this 6th day of May, 2014, by and between the City
of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and Brookfield Bay Area
Holdings 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. 8155, desires to improve those
improvements (hereafter "The Improvements ") required by City of Dublin Planning Commission
Resolution No. 10 -25 adopted on May 11, 2010 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, Tracts 8154 & 8155 — The Preserve at Jordan Ranch — The Dunmore
Collection, (28 Sheets, Sheets 1 -28), prepared by Ruggeri- Jensen -Azar and signed by the City
Engineer
• Joint Trench Composite — Jordan Ranch — Tract 8155, prepared by Lighthouse Design, Inc.,
with any modifications for approval by the City Engineer.
• Private Lighting Plan — Jordan Ranch — Tract 8155, prepared by Lighthouse Design, Inc., with
any modification for approval by the City Engineer
• Landscape Plans - Jordan Ranch Townhomes - Tracts 8154 -8155, prepared by Thomas Baak
& Associates, LLP, 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 8155, dated February 25, 2014, prepared by Ruggeri -
Jensen -Azar, and are agreed to be as follows:
• Tract 8155 Improvements
$1,131,380.00
Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing
the obligation secured. Said amount reflects that the Tract 8155 Improvements are currently 0%
complete (bond is for 100% of the full amount). The bond estimate is attached as Exhibit A 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' 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' 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
2
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 project/location or the general aggregate limit shall be
twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3) Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
C. Deductibles and Self- Insurance Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the CITY. 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
Damage Liability Coverage and Fungi 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.
3
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) Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than A:VII.
b) Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that
insurer to 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
9
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.
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
67
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:
Brookfield Bay Area Holdings LLC, A Delaware Limited Liability Company
500 La Gonda Way, Suite 100
Danville, CA 94526
Attn. Kevin Pohlson, Vice President Land & Planning
Phone No. (925) 743 -8000
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.
M
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 Copyright Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for,
and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and
court costs, which may result 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.
7
13. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and
construction of The Improvements will not adversely affect any portion of adjacent properties
and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify,
defend, release, and save harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, from and against any and all loss, claims, suits,
liabilities, actions, damages, or causes of action of every kind, nature and description, directly
or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations hereunder;
provided as follows:
1) That CITY does not, and shall not, waive any rights against DEVELOPER
which it may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the
insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to
all damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this paragraph,
regardless of whether or not CITY has prepared, supplied, 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
Brookfield Bay Area Holdings LLC, A Delaware Limited Liability Company
IN
Kevin Pohlson
Authorized Representative
G: \DEVELOPMENT, PRIVATE \Jordan Ranch - FCN 031006 - FM 8154 & 8155 - Brookfield\Agreements \Tract Improvement Agreement - Tract 8155.doc
M
RESOLUTION NO. -14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG -TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8155, JORDAN RANCH, NEIGHBORHOOD 4
WHEREAS, a Vesting Tentative Map for Tract 8024 — Jordan Ranch was approved by
Planning Commission Resolution No. 10 -25 on May 11, 2010, with Conditions of Approval; and
WHEREAS, said Conditions of Approval required the developer to construct project -
related landscape features within the public rights -of -ways; and
WHEREAS, said Conditions of Approval required the developer to enter into an
"Agreement for Long -Term Encroachment" for the maintenance of said landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin a Tract
Improvement Agreement to construct the 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 8155, Jordan Ranch,
Neighborhood 4, attached hereto as Exhibit "A ", which will be recorded against the property
concurrently with the Tract 8155 Final Map;
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City
Council to execute the Agreement.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
transmit said Agreement to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 6th day of May, 2014, by the following vote-
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
Recording Requested By:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8155,
JORDAN RANCH — UNIT II — NEIGHBORHOOD 4
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH TRACT 8155 ( "Agreement ") is made between the City of Dublin ( "City ")
and Brookfield Bay Area Holdings LLC, A Delaware Limited Liability Company ( "Owner ").
1. Property: The subject property is Tract 8155 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 8155, 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 8155; Carbondale Way and Sunset View Drive
(collectively, the "Landscape Features "). Construction details for these
Landscape Features are shown on the Landscape Plans for Jordan Ranch
Townhomes, Tracts 8154 & 8155, prepared by Thomas Baak & 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, street trees, etc.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape improvements, including all frontage landscape plantings, irrigation,
sidewalks, and street trees 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 8155 or to a successor in interest of Owners with respect to all or a portion
of the Project; provided, however, that no such assignment of Owners' rights
interests and obligations under this Agreement shall occur without prior written
notice to the City and written approval by the City Manager, which approval shall
not be unreasonably withheld, conditioned or delayed. The City Manager shall
consider and decide on any assignment within ten (10) days after Owner's notice
2
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 Brookfield Bay Area Holdings LLC, A Delaware Limited Liability
Company, and all successors and assigns Brookfield Bay Area Holdings 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:
Brookfield Bay Area Holdings LLC, A Delaware Limited Liability Co.
500 La Gonda Way, Suite 100
Danville, CA 94526
Attn. Kevin Pohlson, Vice President Land & Planning
Phone No. (925) 743 -8000
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.
Dated this day of , 2014.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
City Manager
CIIA "K
Brookfield Bay Area Holdings LLC, A Delaware Limited Liability Company
Wo
Name:
Title:
1809818.1
RESOLUTION NO. -14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT
WITH TRACT 8155, JORDAN RANCH, NEIGHBORHOOD 4
WHEREAS, a Vesting Tentative Tract Map for Tract 8024 — Jordan Ranch was approved
by Planning Commission Resolution No. 10 -25 on May 11, 2010, with Conditions of Approval;
and
WHEREAS, said Conditions of Approval required the developer to construct project -
related stormwater treatment measures with this project; and
WHEREAS, said Conditions of Approval required the developer to enter into a
"Stormwater Treatment Measures Maintenance Agreement" for the maintenance of the
stormwater treatment measures; and
WHEREAS, the developer has executed and filed with the City of Dublin a Tract
Improvement Agreement to construct required tract improvements, including stormwater
treatment measures; and
WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater
Treatment Measures Maintenance Agreement (inlet inserts only) with Tract 8155, Jordan
Ranch, Neighborhood 4, attached hereto as Exhibit "A," which will be recorded against the
property concurrently with the Tract 8155 Final map; and
WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater
Treatment Measures Maintenance Agreement (general stormwater treatment measures) with
Tract 8155, Jordan Ranch, Neighborhood 4, attached hereto as Exhibit "B," which will be
recorded against the property concurrently with the Tract 8155 Final map; and
NOW, THEREFORE, BE IT RESOLVED that said Agreements are hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City
Council to execute the Agreements.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
transmit said Agreements to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 6th day of May, 2014.
AYES-
NOES-
ABSENT-
ABSTAIN:
ATTEST:
City Clerk
Mayor
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
Martha Aja
Environmental Services
City of Dublin
100 Civic Plaza
Dublin, CA 94568 Fee Waived per GC 27383
Space above this line for Recorder's use
STORMWATER TREATMENT MEASURES
MAINTENANCE AGREEMENT
This Stormwater Treatment Measures Maintenance Agreement ( "Agreement ") is
entered into this , 20147 by and between the City of Dublin
( "City ") and , a property owner of real
property described in Exhibit A of this Agreement ( "Property Owner ")
RECITALS
A. On October 14, 2009, the Regional Water Quality Control Board, San Francisco
Bay Region, adopted Order R2- 2009 -0074, CAS612008, issuing the Municipal
Regional Stormwater NPDES permit ( "MRP ") for the San Francisco Bay Region;
and
B. The City is a permittee of the MRP; and
C. Provision C.3.h of the MRP requires the City to implement an Operation and
Maintenance Verification Program ( "Program ") for stormwater treatment systems,
which are defined as "any engineered system designed to remove pollutants from
stormwater runoff by settling, filtration, biological degradation, plant uptake, media
absorption /adsorption or other physical, biological or chemical process," and
"includes landscape -based systems such as grassy swales and bioretention units
as well as proprietary systems" (MRP, pg. 133). As part of this program, the City is
required to ensure that all installed stormwater treatment systems or measures are
adequately operated and maintained by entities responsible for such stormwater
treatment systems or measures, such as the Property Owner; and
D. The Property Owner, is the owner of real
property commonly known as
(the "Property "), which is more particularly described in Exhibit A, upon which
stormwater treatment measure(s) are to be constructed or located, operated and
maintained; and
E. The stormwater treatment measure(s) are more particularly described in Exhibit
B — Stormwater Management Site Plan and the full scale project plans entitled
, and prepared by
are on file with the Public Works Department of the City; and
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F. The City is the permittee public agency with jurisdiction over the Property; and
G. The Property Owner, its administrators, co- owners, executors, successors, heirs,
assigns or any other persons, including any homeowners association (collectively
hereinafter referred to as "Property Owner") recognizes that the stormwater
treatment measure(s) must be installed and maintained on the Property as indicated
in this Agreement and as required by the MRP; and
H. The City and the Property Owner agree that the health, safety and welfare of the
citizens of the City, together with the provisions of Dublin Municipal Code Chapter
7.74 and other applicable City guidelines, require that the stormwater treatment
measure(s) detailed in Exhibit B are to be constructed, operated and maintained on
the Property by the Property Owner; and
The Property Owner accepts the responsibility for constructing, operating, and
maintaining the stormwater treatment measure(s) on the Property.
NOW, THEREFORE, with reference to the above recitals and in consideration of
the mutual promises, obligations, and covenants herein, the Property Owner agrees as
fol lows:
SECTION 1: CONSTRUCTION OF TREATMENT MEASURES
The on -site stormwater treatment measure(s) described in Exhibit B shall be
constructed by the Property Owner in strict accordance with the approved plans and
specifications identified for the development and any other requirements thereto which
have been approved by the City in conformance with appropriate City ordinances,
guidelines, criteria and other written direction.
SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY
This Agreement shall serve as the signed statement by the Property Owner
accepting responsibility for operation and maintenance of stormwater treatment
measures as set forth in this Agreement until the responsibility is legally transferred to
another entity.
SECTION 3: MAINTENANCE OF TREATMENT MEASURES
The Property Owner shall not destroy or remove the stormwater treatment
measures from the Property nor modify the stormwater treatment system in a manner
that lessens its effectiveness, and shall, at its sole expense, adequately maintain the
stormwater treatment measure(s) in good working order acceptable to the City and in
accordance with the Treatment Measure Operation and Maintenance Inspection Report
(Inspection Report) agreed hereto an example of which is attached as Exhibit C —
Inspection Report. This includes all pipes, channels or other conveyances built to
convey stormwater to the treatment measure(s), as well as all structures, improvements,
and vegetation provided to control the quantity and quality of the stormwater. Adequate
maintenance is herein defined as maintaining the described facilities in good working
condition so that these facilities continue to operate as originally designed and
approved. The Inspection Report shall include a detailed description of and schedule
for long -term maintenance activities.
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SECTION 4: SEDIMENT MANAGEMENT
The Property Owner shall manage sediment accumulation resulting from the
normal operation of the stormwater treatment measure(s) appropriately. The Property
Owner shall provide for the removal and disposal of accumulated sediments. Disposal of
accumulated sediments shall not occur on the Property, unless provided for in the
Inspection Report. Any disposal or removal of accumulated sediments or debris shall be in
compliance with all federal, state and local law and regulations.
SECTION 5: ANNUAL INSPECTION AND REPORT
The Property Owner shall, on an annual basis, complete the Treatment Measure
Operation and Maintenance Inspection Report (Inspection Report), attached to this
Agreement as Exhibit C. The annual Inspection Report shall include all completed
Inspection and Maintenance Checklists, attached hereto as Exhibit D for the annual
reporting period and shall be submitted to the City in order to verify that inspection and
maintenance of the applicable stormwater treatment measure(s) have been conducted
pursuant to this agreement.
The annual Inspection Report shall be submitted no later than December 31 of each
year, under penalty of perjury, to the City of Dublin NPDES Coordinator at the City of
Dublin, 100 Civic Plaza, Dublin CA, 94568 or another member of the City staff as directed
by the City. The Property Owner shall provide a record of the volume of all accumulated
sediment removed from the treatment measure(s) in the annual Inspection Report. The
Property Owner shall conduct a minimum of one annual inspection of the stormwater
treatment measure(s) before the wet season. This inspection shall occur between August
1St and October 1St each year. The Inspection Report, Exhibit C, may require more frequent
inspections.
SECTION 6: NECESSARY CHANGES AND MODIFICATIONS
At its sole expense, the Property Owner shall make any changes or modifications
to the stormwater treatment measure(s) and /or the Inspection Report, Exhibit C, as the
City may determine to be reasonably necessary to ensure that the treatment measures
are properly maintained and continue to operate as originally designed and approved.
SECTION 7: ACCESS TO THE PROPERTY
The Property Owner hereby grants permission to the City; the San Francisco Bay
Regional Water Quality Control Board (RWQCB); the Alameda County Mosquito
Abatement District (Mosquito Abatement District); and their authorized agents and
employees (hereinafter "Agencies ") to enter upon the Property at reasonable times and in a
reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in
order to ensure that treatment measures are being properly operated and maintained and
are continuing to perform in an adequate manner to protect water quality and the public
health and safety. This includes the right to enter upon the Property when the Agency or
Agencies has /have a reasonable basis to believe that a violation of this Agreement, the
City's Stormwater Management Program, guidelines, criteria, or the MRP, and any
amendments or re- issuances of this permit, is occurring, has occurred or threatens to
occur. The above listed Agencies also have a right to enter the Property when necessary
for abatement of a public nuisance or correction of a violation of the Inspection Report
criteria. Whenever possible, Agencies shall provide reasonable notice, delivered pursuant
to Section 9 of this Agreement, to the Property Owner before entering the property.
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SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES
In the event the Property Owner fails to maintain the stormwater treatment
measure(s) as shown on the approved Site Plan or comparable document in good
working order acceptable to the City and in accordance with the Inspection Report,
incorporated in the Agreement, the City, and its authorized agents and employees with
reasonable notice, delivered pursuant to Section 9 of this Agreement, may enter the
Property and take whatever steps it deems necessary and appropriate to return the
treatment measure(s) to good working order. Such notice will not be necessary if
emergency conditions require immediate remedial action. This provision shall not be
construed to allow the City to erect any structure of a permanent nature on the Property. It
is expressly understood and agreed that the City is under no obligation to maintain or
repair the treatment measure(s) and in no event shall this Agreement be construed to
impose any such obligation on the City.
SECTION 9: NOTICES
All notices herein required shall be in writing, and delivered by person or send
by registered mail, postage pre -paid.
Notices required to be given to the City shall be addressed as follows:
NPDES Coordinator
Environmental Services
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to Property Owner or Property Manager shall be
addressed as follows:
Company Name-
Attention-
Street Address:
City: State: Zip Code:
Telephone Number:
Any party may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
SECTION 10: REIMBURSEMENT OF CITY EXPENDITURES
In the event the City, pursuant to this Agreement, performs work of any nature
(direct or indirect), including any reinspections or any actions it deems necessary or
appropriate to return the treatment measure(s) in good working order as indicated in
Section 8, or expends any funds in the performance of said work for labor, use of
equipment, supplies, materials, and the like, the Property Owner shall reimburse the City
of Dublin upon demand within thirty (30) days of receipt thereof for the costs incurred by the
City hereunder, including reasonable mark -ups for overhead and expenses. If these costs
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are not paid within the prescribed time period, the City may assess the Property Owner
the cost of the work, both direct and indirect, and applicable penalties. Said assessment
shall be a lien against the Property, or prorated against the beneficial users of the
Property or may be placed on the property tax bill and collected as ordinary taxes by the
City. The actions described in this section are in addition to and not in lieu of any and all
legal remedies as provided by law, available to the City as a result of the Property Owner's
failure to maintain the treatment measure(s).
SECTION 11: INDEMNIFICATION
The Property Owner shall indemnify, hold harmless and defend the City and its
authorized agents, officers, officials and employees from and against any and all claims,
demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and
payments, including attorney fees claimed or which might arise or be asserted against the
City that are alleged or proven to result or arise from the construction, presence, existence
or maintenance of the treatment measure(s) by the Property Owner or the City. In the
event a claim is asserted against the City, its authorized agents, officers, officials or
employees, the City shall promptly notify the Property Owner and the Property Owner
shall defend at its own expense any suit based on such claim. If any judgment or claims
against the City, its authorized agents, officers, officials or employees shall be allowed, the
Property Owner shall pay for all costs and expenses in connection herewith. This section
shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents,
casualties, occurrences, claims and payments, including attorney fees claimed which arise
due solely to the negligence or willful misconduct of the City.
SECTION 12: NO ADDITIONAL LIABILITY
It is the intent of this Agreement to insure the proper maintenance of the
treatment measure(s) by the Property Owner; provided, however, that this Agreement shall
not be deemed to create or effect any additional liability not otherwise provided by law of
any party for damage alleged to result from or caused by storm water runoff.
SECTION 13: TRANSFER OF PROPERTY
This Agreement shall run with the title to the land. The Property Owner agrees
that whenever the Property is held, sold, conveyed or otherwise transferred, the
Property shall be subject to this Agreement which shall apply to, bind and be obligatory
to all present and subsequent owners of the Property. Before the Property is legally
transferred to another entity, the Property Owner shall provide written notice of the
Agreement to the transferee and provide the City a copy of such notice.
SECTION 14: SEVERABILITY
The provisions of this Agreement shall be severable and if any phrase, clause,
section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or
unconstitutional by a court of competent jurisdiction, or the applicability to any Property
Owner is held invalid, this shall not affect or invalidate the remainder of any phrase,
clause, section, subsection, paragraph, subdivision, sentence or provision of this
Agreement.
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SECTION 15: RECORDATION
This Agreement shall be recorded by the Property Owner, or by the City by mutual
Agreement, within thirty (30) days after the execution date of this Agreement as stated
above among the deed records of the County Recorder's Office of the County of Alameda,
California at the Property Owner's expense.
SECTION 16: RELEASE OF AGREEMENT
In the event that the City determines that the stormwater treatment measures
located on the Property are no longer required, then the City, at the request of the
Property Owner shall execute a release of this Agreement, which the Property Owner, or
the City by mutual agreement, shall record in the County Recorder's Office at the
Property Owner's expense. The stormwater treatment measure(s) shall not be removed
from the Property unless such a release is so executed and recorded.
SECTION 17: EFFECTIVE DATE AND MODIFICATION
This Agreement is effective upon the date of execution as stated at the beginning
of this Agreement. This Agreement shall not be modified except by written instrument
executed by the City and the Property Owner at the time of modification. Such
modifications shall be effective upon the date of execution and shall be recorded.
SECTION 18: MISCELLANEOUS
The interpretation, validity, and enforcement of this Agreement shall be governed
by and interpreted in accordance with the laws of the State of California. Any suit, claim,
or legal proceeding of any kind related to this Agreement shall be filed and heard in a court
of competent jurisdiction in the County of Alameda.
In the event of legal action occasioned by any default, inaction or action of the
Property Owner, the Property Owner agrees to pay all costs incurred by the City in
enforcing the terms of this Agreement, including reasonable attorney's fees, litigation
expenses, including experts' fees and costs, and other costs which shall become part of
the lien against the Party.
CITY: PROPERTY OWNER:
CITY OF DUBLIN
Typed or Printed Name
Title
Date
(Attach Notary Acknowledgment)
Typed or Printed Name
Title
Date
V. \VJCI J \QIJ. CIIUQ \LICJRlV �.1 \4.J CILVAI /.UVI: rcly. - V VI IV
EXHIBIT A - PROPERTY DESCRIPTION
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EXHIBIT B - STORWATER MANAGEMENT SITE PLAN
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EXHIBIT C
TREATMENT MEASURE OPERATION & MAINTENANCE INPSECTION REPORT
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EXHIBIT D - INSPECTION & MAINTENANCE CHECKLISTS
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RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
Martha Aja
Environmental Services
City of Dublin
100 Civic Plaza
Dublin, CA 94568 Fee Waived per GC 27383
Space above this line for Recorder's use
STORMWATER TREATMENT MEASURES
MAINTENANCE AGREEMENT
This Stormwater Treatment Measures Maintenance Agreement ( "Agreement ") is
entered into this , 20147 by and between the City of Dublin
( "City ") and , a property owner of real
property described in Exhibit A of this Agreement ( "Property Owner ")
RECITALS
A. On October 14, 2009, the Regional Water Quality Control Board, San Francisco
Bay Region, adopted Order R2- 2009 -0074, CAS612008, issuing the Municipal
Regional Stormwater NPDES permit ( "MRP ") for the San Francisco Bay Region;
and
B. The City is a permittee of the MRP; and
C. Provision C.3.h of the MRP requires the City to implement an Operation and
Maintenance Verification Program ( "Program ") for stormwater treatment systems,
which are defined as "any engineered system designed to remove pollutants from
stormwater runoff by settling, filtration, biological degradation, plant uptake, media
absorption /adsorption or other physical, biological or chemical process," and
"includes landscape -based systems such as grassy swales and bioretention units
as well as proprietary systems" (MRP, pg. 133). As part of this program, the City is
required to ensure that all installed stormwater treatment systems or measures are
adequately operated and maintained by entities responsible for such stormwater
treatment systems or measures, such as the Property Owner; and
D. The Property Owner, is the owner of real
property commonly known as
(the "Property "), which is more particularly described in Exhibit A, upon which
stormwater treatment measure(s) are to be constructed or located, operated and
maintained; and
E. The stormwater treatment measure(s) are more particularly described in Exhibit
B — Stormwater Management Site Plan and the full scale project plans entitled
, and prepared by
are on file with the Public Works Department of the City; and
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F. The City is the permittee public agency with jurisdiction over the Property; and
G. The Property Owner, its administrators, co- owners, executors, successors, heirs,
assigns or any other persons, including any homeowners association (collectively
hereinafter referred to as "Property Owner") recognizes that the stormwater
treatment measure(s) must be installed and maintained on the Property as indicated
in this Agreement and as required by the MRP; and
H. The City and the Property Owner agree that the health, safety and welfare of the
citizens of the City, together with the provisions of Dublin Municipal Code Chapter
7.74 and other applicable City guidelines, require that the stormwater treatment
measure(s) detailed in Exhibit B are to be constructed, operated and maintained on
the Property by the Property Owner; and
The Property Owner accepts the responsibility for constructing, operating, and
maintaining the stormwater treatment measure(s) on the Property.
NOW, THEREFORE, with reference to the above recitals and in consideration of
the mutual promises, obligations, and covenants herein, the Property Owner agrees as
fol lows:
SECTION 1: CONSTRUCTION OF TREATMENT MEASURES
The on -site stormwater treatment measure(s) described in Exhibit B shall be
constructed by the Property Owner in strict accordance with the approved plans and
specifications identified for the development and any other requirements thereto which
have been approved by the City in conformance with appropriate City ordinances,
guidelines, criteria and other written direction.
SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY
This Agreement shall serve as the signed statement by the Property Owner
accepting responsibility for operation and maintenance of stormwater treatment
measures as set forth in this Agreement until the responsibility is legally transferred to
another entity.
SECTION 3: MAINTENANCE OF TREATMENT MEASURES
The Property Owner shall not destroy or remove the stormwater treatment
measures from the Property nor modify the stormwater treatment system in a manner
that lessens its effectiveness, and shall, at its sole expense, adequately maintain the
stormwater treatment measure(s) in good working order acceptable to the City and in
accordance with the Treatment Measure Operation and Maintenance Inspection Report
(Inspection Report) agreed hereto an example of which is attached as Exhibit C —
Inspection Report. This includes all pipes, channels or other conveyances built to
convey stormwater to the treatment measure(s), as well as all structures, improvements,
and vegetation provided to control the quantity and quality of the stormwater. Adequate
maintenance is herein defined as maintaining the described facilities in good working
condition so that these facilities continue to operate as originally designed and
approved. The Inspection Report shall include a detailed description of and schedule
for long -term maintenance activities.
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SECTION 4: SEDIMENT MANAGEMENT
The Property Owner shall manage sediment accumulation resulting from the
normal operation of the stormwater treatment measure(s) appropriately. The Property
Owner shall provide for the removal and disposal of accumulated sediments. Disposal of
accumulated sediments shall not occur on the Property, unless provided for in the
Inspection Report. Any disposal or removal of accumulated sediments or debris shall be in
compliance with all federal, state and local law and regulations.
SECTION 5: ANNUAL INSPECTION AND REPORT
The Property Owner shall, on an annual basis, complete the Treatment Measure
Operation and Maintenance Inspection Report (Inspection Report), attached to this
Agreement as Exhibit C. The annual Inspection Report shall include all completed
Inspection and Maintenance Checklists, attached hereto as Exhibit D for the annual
reporting period and shall be submitted to the City in order to verify that inspection and
maintenance of the applicable stormwater treatment measure(s) have been conducted
pursuant to this agreement.
The annual Inspection Report shall be submitted no later than December 31 of each
year, under penalty of perjury, to the City of Dublin NPDES Coordinator at the City of
Dublin, 100 Civic Plaza, Dublin CA, 94568 or another member of the City staff as directed
by the City. The Property Owner shall provide a record of the volume of all accumulated
sediment removed from the treatment measure(s) in the annual Inspection Report. The
Property Owner shall conduct a minimum of one annual inspection of the stormwater
treatment measure(s) before the wet season. This inspection shall occur between August
1St and October 1St each year. The Inspection Report, Exhibit C, may require more frequent
inspections.
SECTION 6: NECESSARY CHANGES AND MODIFICATIONS
At its sole expense, the Property Owner shall make any changes or modifications
to the stormwater treatment measure(s) and /or the Inspection Report, Exhibit C, as the
City may determine to be reasonably necessary to ensure that the treatment measures
are properly maintained and continue to operate as originally designed and approved.
SECTION 7: ACCESS TO THE PROPERTY
The Property Owner hereby grants permission to the City; the San Francisco Bay
Regional Water Quality Control Board (RWQCB); the Alameda County Mosquito
Abatement District (Mosquito Abatement District); and their authorized agents and
employees (hereinafter "Agencies ") to enter upon the Property at reasonable times and in a
reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in
order to ensure that treatment measures are being properly operated and maintained and
are continuing to perform in an adequate manner to protect water quality and the public
health and safety. This includes the right to enter upon the Property when the Agency or
Agencies has /have a reasonable basis to believe that a violation of this Agreement, the
City's Stormwater Management Program, guidelines, criteria, or the MRP, and any
amendments or re- issuances of this permit, is occurring, has occurred or threatens to
occur. The above listed Agencies also have a right to enter the Property when necessary
for abatement of a public nuisance or correction of a violation of the Inspection Report
criteria. Whenever possible, Agencies shall provide reasonable notice, delivered pursuant
to Section 9 of this Agreement, to the Property Owner before entering the property.
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SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES
In the event the Property Owner fails to maintain the stormwater treatment
measure(s) as shown on the approved Site Plan or comparable document in good
working order acceptable to the City and in accordance with the Inspection Report,
incorporated in the Agreement, the City, and its authorized agents and employees with
reasonable notice, delivered pursuant to Section 9 of this Agreement, may enter the
Property and take whatever steps it deems necessary and appropriate to return the
treatment measure(s) to good working order. Such notice will not be necessary if
emergency conditions require immediate remedial action. This provision shall not be
construed to allow the City to erect any structure of a permanent nature on the Property. It
is expressly understood and agreed that the City is under no obligation to maintain or
repair the treatment measure(s) and in no event shall this Agreement be construed to
impose any such obligation on the City.
SECTION 9: NOTICES
All notices herein required shall be in writing, and delivered by person or send
by registered mail, postage pre -paid.
Notices required to be given to the City shall be addressed as follows:
NPDES Coordinator
Environmental Services
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to Property Owner or Property Manager shall be
addressed as follows:
Company Name-
Attention-
Street Address:
City: State: Zip Code:
Telephone Number:
Any party may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
SECTION 10: REIMBURSEMENT OF CITY EXPENDITURES
In the event the City, pursuant to this Agreement, performs work of any nature
(direct or indirect), including any reinspections or any actions it deems necessary or
appropriate to return the treatment measure(s) in good working order as indicated in
Section 8, or expends any funds in the performance of said work for labor, use of
equipment, supplies, materials, and the like, the Property Owner shall reimburse the City
of Dublin upon demand within thirty (30) days of receipt thereof for the costs incurred by the
City hereunder, including reasonable mark -ups for overhead and expenses. If these costs
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are not paid within the prescribed time period, the City may assess the Property Owner
the cost of the work, both direct and indirect, and applicable penalties. Said assessment
shall be a lien against the Property, or prorated against the beneficial users of the
Property or may be placed on the property tax bill and collected as ordinary taxes by the
City. The actions described in this section are in addition to and not in lieu of any and all
legal remedies as provided by law, available to the City as a result of the Property Owner's
failure to maintain the treatment measure(s).
SECTION 11: INDEMNIFICATION
The Property Owner shall indemnify, hold harmless and defend the City and its
authorized agents, officers, officials and employees from and against any and all claims,
demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and
payments, including attorney fees claimed or which might arise or be asserted against the
City that are alleged or proven to result or arise from the construction, presence, existence
or maintenance of the treatment measure(s) by the Property Owner or the City. In the
event a claim is asserted against the City, its authorized agents, officers, officials or
employees, the City shall promptly notify the Property Owner and the Property Owner
shall defend at its own expense any suit based on such claim. If any judgment or claims
against the City, its authorized agents, officers, officials or employees shall be allowed, the
Property Owner shall pay for all costs and expenses in connection herewith. This section
shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents,
casualties, occurrences, claims and payments, including attorney fees claimed which arise
due solely to the negligence or willful misconduct of the City.
SECTION 12: NO ADDITIONAL LIABILITY
It is the intent of this Agreement to insure the proper maintenance of the
treatment measure(s) by the Property Owner; provided, however, that this Agreement shall
not be deemed to create or effect any additional liability not otherwise provided by law of
any party for damage alleged to result from or caused by storm water runoff.
SECTION 13: TRANSFER OF PROPERTY
This Agreement shall run with the title to the land. The Property Owner agrees
that whenever the Property is held, sold, conveyed or otherwise transferred, the
Property shall be subject to this Agreement which shall apply to, bind and be obligatory
to all present and subsequent owners of the Property. Before the Property is legally
transferred to another entity, the Property Owner shall provide written notice of the
Agreement to the transferee and provide the City a copy of such notice.
SECTION 14: SEVERABILITY
The provisions of this Agreement shall be severable and if any phrase, clause,
section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or
unconstitutional by a court of competent jurisdiction, or the applicability to any Property
Owner is held invalid, this shall not affect or invalidate the remainder of any phrase,
clause, section, subsection, paragraph, subdivision, sentence or provision of this
Agreement.
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SECTION 15: RECORDATION
This Agreement shall be recorded by the Property Owner, or by the City by mutual
Agreement, within thirty (30) days after the execution date of this Agreement as stated
above among the deed records of the County Recorder's Office of the County of Alameda,
California at the Property Owner's expense.
SECTION 16: RELEASE OF AGREEMENT
In the event that the City determines that the stormwater treatment measures
located on the Property are no longer required, then the City, at the request of the
Property Owner shall execute a release of this Agreement, which the Property Owner, or
the City by mutual agreement, shall record in the County Recorder's Office at the
Property Owner's expense. The stormwater treatment measure(s) shall not be removed
from the Property unless such a release is so executed and recorded.
SECTION 17: EFFECTIVE DATE AND MODIFICATION
This Agreement is effective upon the date of execution as stated at the beginning
of this Agreement. This Agreement shall not be modified except by written instrument
executed by the City and the Property Owner at the time of modification. Such
modifications shall be effective upon the date of execution and shall be recorded.
SECTION 18: MISCELLANEOUS
The interpretation, validity, and enforcement of this Agreement shall be governed
by and interpreted in accordance with the laws of the State of California. Any suit, claim,
or legal proceeding of any kind related to this Agreement shall be filed and heard in a court
of competent jurisdiction in the County of Alameda.
In the event of legal action occasioned by any default, inaction or action of the
Property Owner, the Property Owner agrees to pay all costs incurred by the City in
enforcing the terms of this Agreement, including reasonable attorney's fees, litigation
expenses, including experts' fees and costs, and other costs which shall become part of
the lien against the Party.
CITY: PROPERTY OWNER:
CITY OF DUBLIN
Typed or Printed Name
Title
Date
(Attach Notary Acknowledgment)
Typed or Printed Name
Title
Date
V. \VJCI J \QIJ. CIIUQ \LICJRlV �.1 \4.J CILVAI O.UVI: rcly. - V VI I V
EXHIBIT A - PROPERTY DESCRIPTION
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EXHIBIT B - STORWATER MANAGEMENT SITE PLAN
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EXHIBIT C
TREATMENT MEASURE OPERATION & MAINTENANCE INPSECTION REPORT
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EXHIBIT D - INSPECTION & MAINTENANCE CHECKLISTS
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RESOLUTION NO. — 14
A RESOLUTION OF THE CITY COUNCL
OF THE CITY OF DUBLIN
r * * * *s * **.
ACCEPTING PARK LAND DEDICATION IN-LIEU CREDITS FOR
PARK LAND DEDICATION REQUIREMENTS FOR
TRACT 8155, JORDAN RANCH, NEIGHBORHOOD 4
WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider
of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map,
dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or
recreational purposes; and
WHEREAS, the Developer, Brookfield Bay Area Holdings LLC, a Delaware Limited
Liability Company, is filing Tract 8155 Final Map for developing 70 residential dwelling units
constructed on 5 lots; and
WHEREAS, the Park Land requirements for the project, based on the requirements of
the Municipal Code and the designated land use for Tract 8155 are 1) Dedication of 0.49
acres of Community Park Land or payment of $518,919.00 in Community Park Land In-Lieu
Fees, and 2) Dedication of 0.21 acres of Neighborhood Park Land or payment of
$267.050.00 in Neighborhood Parkland In-Lieu Fees; and
WHEREAS, Developer has possession of credits for 0.49 acres of Community Park
Land credits, which the Developer desires to have applied to fully satisfy the Community Park
Land obligation for Tract 8155; and
WHEREAS, Developer has possession of credits for 0.21 acres of Neighborhood Park
Land credits, which the Developer desires to have applied to fully satisfy the Neighborhood
Park Land obligation for Tract 8155;
NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.49 acres
of Community Park Land Credits and the application of 0.21 acres of Neighborhood Park
Land Credits are hereby accepted as performance of said subdivider's obligation under
Subdivision Requirements in Chapter 9.28 of the Dublin Municipal Code.
PASSED, APPROVED AND ADOPTED this 20th day of May, 2014, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
1
Mayor
ATTEST:
City Clerk
2