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HomeMy WebLinkAbout4.07 Dublin Rch The Groves Tr 8164 or 19 82 STAFF REPORT CITY CLERK CITY COUNCIL File #600-60 DATE: December 16, 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, and Acceptance of Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8164, Dublin Ranch, The Groves — Lot 3 (Lennar Homes of California, Inc., a California Corporation) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will consider approving a Final Map being filed by Lennar Homes of California, Inc., for Tract 8164 (Dublin Ranch, The Groves — Lot 3) to create eleven lettered parcels and eleven developable lots for the construction of 122 condominium homes. Tract 8164 is bounded on the north by Maguire Way, on the east by Lockhart Street, on the south by Dublin Boulevard, and on the west by Keegan Street. 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 $976,732.00 in Community Park Land Fees due. Credits are also being used to satisfy $493,368.00 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 8164. 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 plumber, Amount of Bond Public Improvements - Faithful Performance CMS0282087 $217,285.00 Public Improvements - Labor & Materials CMS0282087 $217,285.00 Private Improvements - Faithful Performance CMS0282088 $936,000.00 Private Improvements - Labor & Materials CMS0282088 $936,000.00 The developer will be responsible for all construction inspection costs related to the improvements required for Tract 8164. All streets internal to the proposed subdivision including Maguire Way 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. Page 1 of 3 ITEM NO. 4.7 RECOMMENDATION: Staff recommends that the City Council adopt: 1) the Resolution Approving Final Map and Tract Improvement Agreement for Tract 8164, Dublin Ranch, The Groves — Lot 3; 2) the Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8164, Dublin Ranch, The Groves — Lot 3; and 3) the Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8164, Dublin Ranch, The Groves — Lot 3. a c( Submitted By Reviewed By Reviewed By Public Works Director Administrative Assistant City Manager Services Director DESCRIPTION: Lennar Homes of California, Inc., a California Corporation, is filing a Final Map for Tract 8164, to subdivide Lot 3 of Tract 7453 into eleven lettered parcels and eleven developable lots for the construction of 122 condominium homes (Attachment 1). The Final Map for Tract 8164 also establishes multiple private alleyways and dedicates a public service easement, a storm drain easement, and emergency vehicle access easement. The Final Map for Tract 8164 has been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by City Council Resolution No. 18-14 on February 18, 2014. 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 8164 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. Staff has prepared a Resolution Approving the Final Map and Tract Improvement Agreement for Tract 8164, Dublin Ranch, The Groves - Lot 3 (Attachments 2 and 3); and a Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8164, Dublin Ranch, The Groves — Lot 3 (Attachments 4 and 5). Park Land Dedication Requirements Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land or pay a fee in-lieu of dedicating such land as a condition of final map approval. Lennar Homes of California, Inc., has acquired Community Park Land Credits and Neighborhood Park Land Credits from another developer. The following table shows how Lennar Homes of California will satisfy the park land requirements for Tract 8164: Page 2 of 3 Dedication Fees In Lieu Lennar Homes of Requirement of Dedication California, Inc: Compliance Community Park Land 0.854 acres $976,732.00 Use of Credits Acquired Neighborhood Park Land 0.366 acres $493,368.00 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 8164, Dublin Ranch, The Groves — Lot 3 (Attachment 6), which outlines the requirements and how Lennar Homes of California, Inc., 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 Lennar Homes of California, Inc. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8164 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 8164, Dublin Ranch, The Groves — Lot 3 3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract 8164, Dublin Ranch, The Groves — Lot 3 4. Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8164, Dublin Ranch, The Groves — Lot 3 5. Exhibit "A" to Resolution, Long-Term Encroachment Agreement with Tract 8164, Dublin Ranch, The Groves — Lot 3 6. Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8164, Dublin Ranch, The Groves — Lot 3 Page 3 of 3 OWNER'S STATEMENT: ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR'S STATEMENT: THE°° TRACT 8164 IEEUUE V,T JF ED. TH„T,,,o E„aaT THLa „F.aTH..mcE„ LT„er THEIR ae_E<a NDD„T«„ FOR CONDOMINIUM PURPOSES A SUBDIN5IION OF LOT 3,A5 SHOWN ON TRACT 7453,RECORDED IN BOOK HELP a;1cE,=a;1aTaNT CCr'.SUNITY DEIE—SENT APPCT„a THE FEEL I Ean DEARIADPAu,n 1 DENCI TED,,,,E,,_r.ENT„F„a1UeuC FUPETEAl. 273 OF MAPS,AT PAGES 52 THROUGH 56, _ _ ALAMEDA COUNTY RECORDS,CITY OF EUCLID,ALAMEDA COUNTY,CALIFORNIA I. THE D..,.a TED.., aTIEHI'.E.,. ,_..ENT,EV.E .r<u.<.,..D R., UlUEA II�UKA ROOMS FIT a „aE a aH.FD11 EIIARENT,FEE,11 lHFA LLHEL N UIN 11DEa a`�, LCTI„N sna �oCTOBERa2014 r,n���� CITY CLERK'S STATEMENT: V]C]NITY MAP El SPENT _DU 'HE RENT-AP,INDTHE IT—PAPPIN ElIESENTPLE, _ a6 '°U,`.na SITE aom�o e w EE FE TH DHP„D.,.F a 3 NTH LLD DF6 „T.E�T�F„1D A o DUBBIN E6..E� "' �� aEE..E�T o w o s ueLN a to Ea.Trn.. 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E FLIT THE CLERK OF THE BOARD OF SUPERVISORS'STATEMENT: LHOUPE .„ ST 116 16 111 1 TP IS FPS FILED 66=�o,aa1 �H�C>� L.r UP IT , TE, , . .a THE,.uan D,1313E aN D:H�a ,., „F OWN ER'S ACKNOWLEDGMENT: HEGINTEPT1„NE111111.DECa.e_P11,1111 ❑ ..Ern,- F - lE THE�vt aF1Ho . oHe me TIA TEDF oHNU �>e `' axTF mays FEE THE Ee ^mE Tie, Fcr N-TP ll.�LL ❑ P" Dw 10EPTFEDI THE LE'T „aaE,rD E ACTING ASSISTANT CITY ENGINEER'S STATEMENT: THEuHEauxw,LLFCT„a„FTHP w,uNn E'DEE'l SHE EP E'E�Ull�EEDTTHIEE'T�"E�EIE"PIH El TPUP 11HUSTUPE PC 1.11 EAPPEIRE.IS CLIFF CEDIFICULD IDNEFLIL,_UNTY„F 1UPNESS w„NOFCa,,,mc„uNn„NO„T„TE CITY ENGINEER'S STATEMENT: COUNTY RECORDER'S STATEMENT: CSISIDIIEUN E11111 'HEFEll' E -T—El S I F THE I F H�'L F”I EVI E RETAECIT DE1 I C I P EHUZ'H"I'T�"L F`UI T FET FILED`-�`PEDEPF THIS DIF SHE IS IN ASIDE .11 CSISIDIIEUN NC-D, ED STATEMENTOF SOILS REPORT: TENT„Tn EREDITr=ECER.FUEFATH. THE TIRE xU.T.F THE vt„T a_ �FCaN. FEE I IF SHEET I OF 5 1172-10 TIM E Ngffq 1 THE LAND LIES WITHIN THE BOUNDARIES OF PENDING ASSESSMENT 111L 11,11,1111—I(pUR NCH),Al ARECTIlEl 11 AN RECORDED JUNE 8551999 AS INSORUMENTU NO,.99212309 A O F OFFICIAL lElSlW N'IN5ED RECORDED MARCH 9,995 AS INSTRUMENT ND.95-A51AW OF OFFICIAL RECORDS. M AcRFFMFNT RECORDED N.,UK',1,2110 AS EDENTIF INSTRUMENT NO,2000335772 THE TERMS AND PROVISIONS COMNNED THE"IMENT EN TIED EITO­CERTIFICATE INISEMENT OFFICOL RECORDS A, M NT(5)SOE FICIAL RECORDS TERMS AND ON(SONS CONTAINED IN THC ABOVE DOCUMENT. �HE CHINA SO C AS GET11MENT NO 2111111111 OF OFFICIAL IS10111. 2002 AS EINSTRUMENT NO,2002523070 OF OFFICNL ERECORDS BER 14, L REINTED BY AND BETAKEN TIE C OF DECEMBER 1,2 A'IN'T"DENT No,20 D 2`L OF OFFIRIAL IN FAVOR OF LFNNAR HOMLS OF CALIFORNIA INC.,A SOLIFORNN CORPORATION RECORDCD APRIL 29.2013 AS INSTRUMENT DOCUMENT S'EI'OGN"IC 10N 2003 AS INSTRUMENT NG. OF AN'FIRST MORUCAll AN HELD OF T RUST DATE N AWAD EST IT AND FOR VALUE,BUT HELPING AN'COVENAN'CONDUON,OR PESTS CT ON NDI ATINI A PREFERENCE,UNITING OR DISIONINATION BACKED YN EASE NDE(GE ODE 4 SOURCE OF INCOME DEFINED E ENIFSUCH OOVERNMWT G W))OR ANCESTRr.TO THE ExrwT SUCH covENAMS. .C.§3CARLO)OR OEN§1295.Ise R CAL STATED AND GOVERNMENT CA WEUL RESTRICTIONS UNDER STATE AND FEDERAL Taw ON THE AGE of OCCUPANTS IN sEwoR 11 ENT RECORDS THE FACT'HAT AN A111NMIN F, 'OF ICOm corITAINEO IN THE ABOVE FIC DocuMEAL RENT.ORDS TERMS AND OR ASKS CONNECT ON FEES RECORDED AUSIST 10,2005 AS INSTRUMENT NO REGA341SE4 OF O MEMORANDUM AND OF PPURCHASE AGREEMEENT,EXECMEDCBY EM ID BETWEEN HE'D AS HONG TO ALSO` PND/OF THEIR AND ASSIGNE[AND FLY A `'FINE INSTRUMENT NO,2012180624 OF oFDCIU RECroreos TRACT 8164 FOR CONDOMINIUM PURPOSES A SUBDIVISION OF LOT 3,AS SHOWN ON TRACT 7453,RECORDED IN BOON 273 OF MAPS,AT PAGES 52 THROUGH 56, ALAMEDA COUNTY RECORDS,CITY OO/Q F DUBLIN,AAMEDAA COUNTY,CALIFORNIA 11 Aµ1 SMS OCTOBER,2014 s n o SHEET 2 OF 5 11727,010 e z A ABANDONMENT NOTE- 55 e Of TRACT 1553 ZI ETr 1 aml �- ve -__] BI<273 PG�iC ] aa.2 WITH PC, A I oEA E P E EIAE 1 R-260.00' „�' s sDUfe� R-500.00 1,"56 N74-03-02 P 21002002�1OSVa6'S8' L 55.6] BNpV L-12.47 51B130V N6]"OB BN E p F 4,•.PS..i P.. iHF.u.H w...L. �ry aFC,pcO.H aoC' S _ N90°o0 00 E ov 61.39:BNCV L 139 19 B" m e6.A5' OP0000" �BN6y el ( ] E R MAGUIRE WAY (PRNATE) NOapo 00'EfR) eEARINCS suowN ARE eAVm UPON CALIFORNIA COORDINATE PARCEL K AIGUIRE CIA -- N13'42'56"1'1 44.61'BNDV _ -�� �N90-00'00"E 2]3.66'BNDV —q jj Ig01T 2 MULTIPLY N40°30'21'E 12.2]'BNDV _55_58"Ej] 1110'[j] osE EVXE, N2°51'31"1'1 11,10'BNDV DISTANCES By 09999054 TO OBTAIN ARID DISTANCES �Ell)g OF) -- 880 8 LOT 7 N45°66'66'W 26.60'BNDV j 1- I ]QB.O a' SZF�]RPCi NPP]453.BDDK 27i pFO PPS.AGES P F "—'� � 453,COUNTY ROC WS 58'SSE(RA F ROUGH 5c,u-11 L=51.]2'BNDV R-o IRACT MAP 148.BOO25]OF MPS PAGES 3 58 --- -� (A-11 I ��GCORD O EC CURVE'NO RO005 BO AUWEDA R}�p PARCEL I SURVEY BIG ACEI 37 FEE,E1.AE • v 4'1 'Efall UM vl .,ilk,,i 20.I C I i�2i All ml 188 8 10E PARCEL J 1 LOT 9•F PARCEL H 1]ED sF 'I II II S X I LEGEND Rv LINE IR2-21 ae'z]'CZng(e)Isl N I I _I —•--Dm HLDNE/PARCEI DNA NE I} C, N a G �A�z�,B.GD w �9ING Y E PARCEL D LNG PROPERIY LINE LINE F PARCEL 0 '" _--- [%]STING[ASEM[NT LINE • oses0 PARCEL E EIAI I (J] I - MONNME11 LION` �RDO ..� AT D DGY STREET MONUMENT RE 1L AIILE I IS vl I ANULE POINT 54 a I 11508186�]]n C 1 592.180.48 - w 2 F _I I 1 AN 51 ORDCR NPE E ACCESS EASEMENT EN" NECAll 20T fi 906 B •I C5 1 EM[RENCY VENICE 1-18s BF 1 ON 111 27.ZONC 3 DISTRICT 'J... - ry ROPER LINE 0 BE jE � 20488 8F 2128 38F •I �I � PLP PONTIM NI LINE MONUMENT yi - I m PSE Lp PUBLICR SERVICCP EASEMENT ES _ SDE STORK DRAIN EASEMENT OF RADIAL- PARCEL C6 PARCEL F Z��c W3258"EIR) 9I I _ AO S RECORD OF SURVEY N39"66'22'E 2].96'BNDV �• LOT 6 PARCEL E 5�s s I I z� (R-T) REFERENCE 2 r = y 11 _ E ` R INDICATES SHELL NUMBER eF a'N 56'10 E Rl N05"86'ON 10.38'BNDV I �- e o J N9 23'2p"L=18.32'BNDV 106.82 BNDV i�_rv0^az 9s TE 00 N4z4'ee.I IJ, ._I N 1C 3B 2 STAMP DDALLO o'h NB9°2]'02"1'1 1]0.53'BIRDS ,80 NB -USC&GS MEN,W/4' L R=90.00'110° J JI JJJ/ 4=4"5]'20 L-253.tfi'BNDV BURIED N79'0 DO-28.00'BNDV e Zo, 0 O.a' R=80.00'110"28'20"L=16.32'BNDV a8.00 FRL ss 0 2NAp ORDE43,E11,6104D4I59. �55 _ _ _ _ _ _ N fR_11_ ___ _ _ '.-11 TT 88 T_C— R IWPNGDIAIION CIA Y __ NBB^Dd 10'E 2x'/.23'I,1. _—_ 5(a-t)N (A-t) SIDUR G'S 2I,IDNE 3 —— 1R-el �a.z) _— — -- LR.1I ID—aD^49'31" fR-D DUBLIN BOULEVARD TIN F.0 M o T ND �'. pRNNAGE RELEASE EASEMENTS ENCUMBERING THIS SGE Al RECORDED M INSTRUMENT NO ¢ TRACT 8164 IT,199E-110 30 PND 20 204]952.PIAMESA COUNT LEASING,SPI ASEMEN TEIMN—TIE EASEMENT wHEN PERMANENT DB4NAGE FACUneS AR Ines LED TD ACCEPT IINAG FFLOWS F HAVE BEEN NITES Rim AND As IF MAP _— FOR CONDOMINIUM PURPOSES eEPARSIDN,sa0 oRnA TRUMEN"AT THE TIME OF THIS"'I BAR P PREPARER SCONCLUDE5 THAT THIS ENCUMBERANCE IS NO LONG ER IN EFFECT. __———�— A SUBDIVISION OF LOT 3,AS SHOWN ES TRACT THROUGH RECORDED IN BOOK ——— 273 OF MAPS,AT PAGES 52 THROUGH 56, 2 NT(RAE)AND PC UTILITY EASEMENT(RUE) VI mT 3 of TreACT]453.RE RAI OF REARINf.R- ALAMEDA COUNTY RECORDS,CITY OF DUBLIN,AAMEDA COUNTY,CALIFORNIA �P5 52 THRODGH 58,AIPMEDA COUNTY RECORDS.TO BE SETINEUISHm N SEPARATE INSTRUMENT SIIBSEOUEM Tp THE Flu NO OF THIS THE BASIS OF BEARINGS SHOWN HEREON IS THE LINE BETWEEN USCRAS E GRID macKar�som�s C CLACCULATED FROM PUBLISHED CIA 3. THE OFFER OF DEDICATION FOR THE DUBLIN SAN RAMON SERVICE DISTRICT EASEMET ORCE)WITHIN LOT 3 OF TRACT]453.RECORDED IN p IN TES FOR THIS LINE IS TAKEN AS NORTH 15 44 21 WEST 50 100 A 21 THE II DF THI 5 52 THROUGH 58,auMEIN ceuNTY RECOR05.TO BE TcuIMED eY SEPARATE INDICTMENT Su65mumT TO (CRaD,INA SCALE s�xe iwun�x OCTOBER 2014 amexmm 1\111IOsAA-lN01TM1T-ei eRD111 1111- SHEET 5 OF 5 19727,010 LSJT 2 \ TDCCT 7453 E _200.00 LI< 173 PG$2-55_____________________________________ N90°00'00" 6139'BND1' ` P=500.00'4=15°6B'bg L-13 NJ� \\� _ 31 -L��oo222 =I S'E' ESAS� 9aaq g00 P1�BIO OZ N` _______________________ L-1,224]oa 00� AGE _ 03 N T(R) gV 42 R B fi58 R/%•=UHE ILII\Y_lPR1V�.F)_7 NDV Ng]"0829E B- _ N90`00 00 E 273.65'BODY _ D 1 PSE,e o0 N2=61'31"'VI N 0"38 21 E O- 0 ' 4E(R) a 52 --� PARCEL K AIAGIJIRE IAV IAE.DSASD ° n 1].50'BNDV 12.2] BNDV [[IR E(R) s.00o 5A E,AI o0 00]E�L 00 00 ry OdEIA)s]25 9E 11 DSR�'la b e 3of�268633 BNONI V 50`00 00 00°43 0�L- 15 N9ff4920'[(R) OP5242' L a,d2 ---- X90`00 00',28 5 - L __ Ipm_ 8.81 06000 s m %�� V 1LOT 18E N9 E'� 9Px II E 2PLSD6*Ti eE m o 66 0'00'00"PI ND'OD'oo' - •� 16.00• IN a 8.55' _ - ZO ofi'o0 �a V0=00'00 PSE R RCTRIE L=6,.a2o0' e0'Oo �a ` ,3.00' o/ m m o°� I v I I cw r r. fi.0o' S',T.___________ P"g.�� __N90"00'00'^L 3x2.1 I Toe.,] NO-_6'15E(R)_ 20.00 E A PARCEL A 01 6 N 20.00 PARCEL I A o s 6Rfio 10.63 N .< o.a0 Ne0-o0•00' s =g� F x H�9.EN N-00.00"E 12.00 _ ,SB.6]'_________ CTj �r o _______________ Q AF N90'a0'OD'E 13 of n ND D 6.65 a >. 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C��NivRECORD OFE SURVEY NO 01005,3BOOK16�OF 3D"D F 3 OF THIS ` 03 TRACT 8164 MINT z9„FV„FS,aF,,,,_„szTHI--aei�2BE,a.:L�n�e�oFi-111 IREGEcaa FE�A FOR CONDOMINIUM PURPOSES L6LF SURVEY NOTES- A SUBDIVISION OF LOT 3,AS SHOWN ON TRACT 7453,RECORDED IN BOOK IGO REFERD O BASIS OF BEARINGS AlL EEARINOS SHOWN ARE EASED UPON CALIFORNIA GIORDINAiE 273 OF MAPS,AT PAGES 52 THROUGH 56, PLAMEDA COUNTY REGOADS,COY OF DUBLIN,ALAMEDA COUNTY,CALIFORNIA INDICATED Su[ET NUMBER HIANGNS ION BA NIS LINE IS TAKEN AS IS THE AINE BETWEEN LISC&GSD DISTANCES BY�ISUOWN AR[GROLIND LEVEL DISTANC[S,MULTIPLY E EAE OF LATE CS S OWN HEREON, L 4 ES'xE CR 2 0.9999054 l0 OBTAIN CRIp DISTANCES. v-� SO�� oNS'FULON AND MO NT D BLO OWER'. `Mw BEARING CALCULATED FROM PUBLISHED CCSU2J ZONE 3 GRID (ROORD TES FOR THIS NORTH 15 42I W s in iNcem PTESTZOsmPOEFFIrvIDRDIDAY El.\11Tar_ru_11— SHEET 5 OF 5 OCTOBER,2014 RESOLUTION NO. - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8164, DUBLIN RANCH, THE GROVES - LOT 3 WHEREAS, the Final Map for Tract 8164, in the incorporated territory of the City of Dublin, State of California, has been presented to this City Council for approval, all in accordance with provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and WHEREAS, the Developer, Lennar Homes of California, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8164 to construct 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 RLI Insurance Company in the amount of $217,285.00 for the Public Improvements (Bond No. CMS0282087), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by RLI Insurance Company in the amount of $217,285.00 for the Public Improvements (Bond No. CMS0282087), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by RLI Insurance Company in the amount of $936,000.00 for the Private Improvements (Bond No. CMS0282088), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by RLI Insurance Company in the amount of $936,000.00 for the Private Improvements (Bond No. CMS0282088), 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 8164 be and the same is hereby approved, and that rights to the areas marked as Public Service Easement (PSE), Storm Drain Easement (SDE), and Emergency Vehicle Access Easement (EVAE), offered for dedication to public use in conformity with the terms of dedication be, and they are hereby 1 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 16th day of December, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2 CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 8164 This agreement is made and entered into this 16th day of December, 2014, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Lennar Homes of California, Inc., A California Corporation, hereinafter referred to as "DEVELOPER". RECITALS WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that DEVELOPER, the subdivider of Tract No. 8164, desires to improve those improvements (hereafter "The Improvements") required by City of Dublin City Council Resolution No. 18-14 adopted on February 18, 2014 approving a Site Development Review Permit and Vesting Tentative Tract Map 8164 for the Project known as The Groves Dublin Ranch (Lot 3), in accordance with the requirements and conditions set forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plans for said development entitled: • Improvement Plans— Tract 8164 -Lot 3 at Dublin Ranch, prepared by MacKay & Somps, with any modifications for approval by the City Engineer • Off-Site Improvement Plans— Tract 8164—Lot 3 at Dublin Ranch, prepared by MacKay & Somps, with any modifications for approval by the City Engineer • Joint Trench Plans— Tract 8164—Lot 3 at Dublin Ranch, prepared by Giacalone Design, with any modifications for approval by the City Engineer. • Private Lighting Plans— Tract 8164— Lot 3 at Dublin Ranch, prepared by Giacalone Design, with any modification for approval by the City Engineer • Landscape Plans— Tract 8164—Lot 3 at Dublin Ranch, prepared by R3 Studios, 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. 1 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement are presented in the Bond Estimate - Tract 8164— Lot 3 at Dublin Ranch— 122 Units, dated November 17, 2014, prepared by Ruggeri-Jensen-Azar, and are agreed to be as follows: • Tract 8164 - Public Improvements $ 217,285.00 • Tract 8164— Private Improvements $ 936,000.00 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said amount reflects that the Tract 8164 Improvements are currently 0% complete (bond is for 100% of the full amount). The bond estimates are 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. 2 A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 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. 3 b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. Notwithstanding the foregoing, if an endorsement that would provide for thirty (30) days' prior written notice prior to one or more of the above actions is not commercially available, DEVELOPER shall be excused from providing an endorsement covering said action or actions, provided that in such circumstances, DEVELOPER shall give written notice to the CITY as soon as is practicable if DEVELOPER learns that its coverage has been suspended, voided, cancelled by either party or reduced in coverage or in limits. a) 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 4. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 5. Inspection of the Work. 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. 5 7. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of such written notice to cure such default; provided that, if such cure cannot be reasonably effected within such fifteen (15) day period, such failure shall not be a default hereunder so long as DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter diligently prosecutes such cure to completion. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefore. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: Lennar Homes of California 6111 Bollinger Canyon Road, Suite 550 San Ramon, CA 94583 Attn. Gordon Jones, Vice President Phone: (925) 242-0811 Email: Gordon.jones @lennar.com 6 Notices required to be given surety of DEVELOPER shall be addressed as follows: Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 8. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 9. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. 10. Acceptance of Work. Upon notice of the completion of The Improvements and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine The Improvements without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements that are within the Public right-of-way or Public easements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private Improvements and a warranty bond will not be needed for these Improvements; provided however, the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or his designated agents of their completion and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. 7 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. 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. 8 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 Lennar Homes of California, Inc., A California Corporation By: Gordon Jones Authorized Representative G:\DEVELOPMENT,PRIVATE\The Groves(Tract 7453,lot 3)\Lennar-Tr 8164\Agreements\TIA\Tract Improvement Agreement-Tract 8164.doc 9 RESOLUTION NO. - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR TRACT 8164, DUBLIN RANCH, THE GROVES-LOT 3 WHEREAS, a Vesting Tentative Map for Tract 8164, Dublin Ranch, The Groves — Lot 3 was approved by City Council Resolution No. 18-14 on February 18, 2014, 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 8164, Dublin Ranch, The Groves — Lot 3, attached hereto as Exhibit "A", which will be recorded against the property concurrently with the Tract 8164 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 16th day of December, 2014, by the following vote- AYES- NOES- ABSENT- ABSTAIN- ATTEST- Mayor City Clerk 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 8164 -LOT 3 AT DUBLIN RANCH THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8164 ("Agreement") is made between the City of Dublin ("City") and Lennar Homes of California, Inc., A California Corporation ("Owner"). 1. Property: The subject property is Tract 8164 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 8164, Lot 3 at Dublin 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 8164; Dublin Boulevard, Keegan Street, and Lockhart Street(collectively, the "Landscape Features"). Construction details for these Landscape Features are shown on the Landscape Plans- Tract 8164 Lot 3 at Dublin Ranch, prepared by R3 Studios, 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. 1 5. Ownership: Owners shall own all special Landscape Features, including but not limited to monuments,walls, arches, benches, irrigation, etc. as shown on the Landscape Plans listed above in Section 3. 6. Operations and Maintenance: Owners shall maintain and repair all the Landscape Features and 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 or Landscape Improvement 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 8164 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 2 interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide on any assignment within ten (10) days after Owner's notice thereof,provided all necessary documents and other information are provided to the City Manager to enable the City Manager to assess the assignment. 12. Successors and Assigns: Each reference to the "City"in this Agreement shall be deemed to refer to and include the City and all successors and assigns of City. All references to the "Owner"in this Agreement shall be deemed to refer to and include Lennar Homes of California, Inc., a California Corporation, and all successors and assigns Lennar Homes of California, Inc., a California Corporation. 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: Lennar Homes of California 6111 Bollinger Canyon Road, Suite 550 San Ramon, CA 94583 Attn. Gordon Jones, Vice President Phone No. (925) 242-0811 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 3 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 OWNER: Lennar Homes of California, Inc., a California Corporation By: Name: Title: 1809818.1 4 z w W cc w qs o M od CC LIJ z w C.3 ggtl 50 LU cc F- 6 z LocKIIART STREET y ' lul I Al Jin, 7 II X ............. NVORRM RESOLUTION NO. — 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARK LAND DEDICATION IN-LIEU CREDITS FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 8164, DUBLIN RANCH, THE GROVES — LOT 3 WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map, dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or recreational purposes; and WHEREAS, the Developer, Lennar Homes of California, is filing Tract 8164 Final Map for Condominium Purposes to develop 122 residential dwelling units on 11 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 8164 are 1) Dedication of 0.854 acres of Community Park Land or payment of $976,732.00 in Community Park Land In-Lieu Fees; and 2) Dedication of 0.366 acres of Neighborhood Park Land or payment of $493,368.00 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer has possession of credits for 0.854 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 8164; and WHEREAS, Developer has possession of credits for 0.366 acres of Neighborhood Park Land credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 8164. NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.854 acres of Community Park Land Credits and the application of 0.366 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 16th day of December, 2014, by the following vote- AYES- NOES- ABSENT- ABSTAIN- 1 Mayor ATTEST: City Clerk 2