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4.4 Terrace Ridge Tr 7950
or 19 82 STAFF REPORT CITY CLERK CITY COUNCIL File #600-60 DATE: March 17, 2015 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 Fees for Park Land Dedication Requirements for Tract 7950, Terrace Ridge (William Lyon Homes, Inc.) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: William Lyon Homes, Inc. is filing a Final Map for Tract 7950 (Terrace Ridge) to create three lettered parcels and 36 developable lots for the construction of 36 single family homes. Tract 7950 is located on the former Nielsen property, bounded on the north by Silvera Ranch Drive, on the east by Tract 8327, on the south by Quarry Lane School, and on the west by Tassajara Road. FINANCIAL IMPACT: Park Land dedication requirements are proposed to be satisfied with payment of $461,232.00 in Community Park Land In-Lieu Fees and $232,992.00 in Neighborhood Park Land In-Lieu Fees. The developer has signed a Tract Improvement Agreement and has posted bonds to guarantee the construction of tract improvements within Tract 7950. 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 & Private Improvements — Faithful PB03010401907 $1,370,204.00 Performance Public & Private Improvements — Labor & PB03010401907 $1,370,204.00 Materials Tassajara Road Phase 2 Improvements — PB03010401896 $355,470.00 Faithful Performance Tassajara Road Phase 2 Improvements — PB03010401896 $355,470.00 Labor & Materials The developer will be responsible for all construction inspection costs related to the improvements required for Tract 7950. Terrace Ridge Court south of Highpointe Court will be designated as a private street and will therefore, be privately owned and maintained by the Page 1 of 3 ITEM NO. 4.4 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 stormwater treatment measures constructed with this project. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving Final Map and Tract Improvement Agreement for Tract 7950, Terrace Ridge; adopt the Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 7950, Terrace Ridge; and adopt the Resolution Accepting Park Land Dedication In-Lieu Fees for Park Land Dedication Requirements for Tract 7950, Terrace Ridge. a c( Submitted By Reviewed By 'A Reviewed By Public Works Director Administrative Assistant City Manager Services Director DESCRIPTION: William Lyon Homes, Inc., a California Corporation, is filing a Final Map for Tract 7950 to subdivide Parcel 1 of Parcel Map 1193 into three lettered parcels and 36 developable lots for the construction of 36 single family residential homes (Attachment 1). The Final Map for Tract 7950 dedicates public street rights-of-way for Tassajara Road, Highpointe Court, and the public portion of Terrace Ridge Court north of Highpointe Court. The Final Map also dedicates public service easements, an emergency vehicle access easement, sidewalk easements, and a landscape easement. The Final Map for Tract 7950 has been reviewed and found to be in conformance with the Vesting Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 10-21 on April 27, 2010. The Developer has submitted an executed Tract Improvement Agreement, together with the required Faithful Performance and Labor & Material Bonds. As part of the tract improvements, the Developer is required to widen Tassajara Road fronting the project site in order to provide two northbound travel lanes. In order to minimize traffic impacts to the public during construction, the Tract Improvement Agreement allows the Developer to defer final design and construction of these improvements until construction of the new southbound lanes and landscaped median on Tassajara Road is completed as part of the Wallis Ranch Project (Trumark Homes), or until one year from the date of execution of the Tract Improvement Agreement, whichever occurs first. Separate Faithful Performance and Labor & Material Bonds have been submitted for this work on Tassajara Road, referred to as the "Tassajara Road Phase 2 Improvements" on the approved tract improvement plans. The Agreement for Long-Term Encroachment for Landscape Features for Tract 7950 provides for the Homeowners' Association to maintain project-related landscape features within the public rights-of-way along Tassajara Road and all public streets interior to the project, including planter strips, sidewalks and street trees. Staff has prepared a Resolution Approving Final Map and Tract Improvement Agreement for Tract 7950, Terrace Ridge, (Attachments 2 and 3); and a Resolution Approving the Agreement Page 2 of 3 for Long-Term Encroachment for Landscape Features for Tract 7950, Terrace Ridge (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. William Lyon Homes, Inc. proposes to make cash payments to satisfy both its Community Park Land and Neighborhood Park Land dedication obligations. The following table shows how William Lyon Homes, Inc. will satisfy the Parkland requirements for Tract 7950. Dedication Fees In Lieu William Lyad H4mes, lncr Requirement of Dedication Compliance Community Park Land 0.403 acres $461,232.00 Payment of$461,232 Neighborhood Park Land 0.173 acres $232,992.00 Payment of$232,992 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 Fees for Park Land Dedication Requirements for Tract 7950, Terrace Ridge (Attachment 6), which outlines the requirements and how William Lyon Homes, 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 William Lyon Homes, Inc. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7950 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 7950, Terrace Ridge 3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract 7950, Terrace Ridge 4. Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 7950, Terrace Ridge 5. Exhibit "A" to Resolution, Long-Term Encroachment Agreement with Tract 7950, Terrace Ridge 6. Resolution Accepting Park Land Dedication In-Lieu Fees for Park Land Dedication Requirements for Tract 7950, Terrace Ridge Page 3 of 3 OWNER'S STATEMENT: TRACT 7 750 ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR'S STATEMENT: IN I E111111111N_REDV IT III IN IT A. OuN'R CF ALLTHE Lwos DEUrv_AT I AND ENDRACD wIII1 TAE q SUBDINSION OF PAR EL I OF PARCEL NM 1191 E __ ANNN,I L"Po.....Ere,rHesrarErnTErlrseE c E 1/F RECORDED IN PARCEL MM BOOK 81,AT PAGES 10. coM.ss oN Txs.AP Fas DEEN LE,E wEV AE AND III CONDTOry A,=s E,sAnSlw I,PELIA_ = El aAH'.ANDREFORDATI NOIDNI IIII IT T11lASMAPOOti TD AIIIAEDA COUNTY RECORDS DAr c HAN"I LI11Se$10111=1esaleNS rls CO1S III Prxcecs ev I nns NIN III L,I lets,1ewlNCS AID III AL CIS. CITY OF DUBLIN III-AN I A AN ss srwr eo.1111I r TIFLEA PROIRDLI DES NI-I ITLOOIS DwI AFw IN FEE FOR PUEUA PURPOSES ALAMEDA COUNTY,CALIFORNIA DEVELOPI'NT 1111TER ROAD TILANIAL PRAIIII D'sICNA 1AS wc110wr=ADULT.FIE PUSUC POa ION OF FELRACERIDCE 1111 AND TAIIIARA MACKAY Q_LNOMM ACTING CITY SURVEYOR'S STATEMENT: s��aerwuu Kd fil 3f-Poim INNI All sraTE THAT 111111 UNAL 11AIIIIII 11111 T-11ALIdA=E CnrFD RLACTTS:o.GnowuEUrv,AUIdwA000Nrv.auwRNlA'. 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T/1111IOINIL OF THGFYOF 111uN ws ARE CITED IN I'LAINTENANIR A A III AIDE,1111 NATED AS LANDSCAPE EASENE\rE.sEN AS IlIM LINK 94D MAP 13R-IF IIIPSSE OF LANDSCANPI OWNER'S ACKNOWLEDGMENT, IN..1111 1II-REDF.IIAUEIFaE1nr0_EI I.ry Iwo IT III IT x115.N1%II NONFOwI As ASSOI AToNl Tlr-AaFA D'sllNaI,AS lAxcFlsa x,s ariDFAS COrnucv ARFAFORFNFUSF OFLLFrvoF Thar scAUrn E FILLED TO.ITwn's.DRAINA^,EINGLEPS AND ECRIAL NNIIIAPINC,All ALL APPINTINUILI FD LANDSDAPINC.N�/EVERLV 0wuwaNlA]ssN ADLY IIIIA11THE CATE,.HILIN LNIA AINT"NAIII'I IF I PARIEL TO 11 "U”sFPARar'DOCUMFNF raTMFHOMFO,.�IFRSassIGATIOU.xsbur+IF rs FNF UI wcoFFms uA,-sro SEm coulrvoF / THIIN D"ILGH'I PC"IT 1111 IISI11 TO ITSELF PAPOIL I NAINTILANCI 01 SAID INACIL I TO 11 RESPONSIBILITY OF THE = ENT Ip4E1 AS SFO:AV U=oN DATE s.EEF NILE INPOIT NAIVE ANT FIE TV I""HIER av P„EUC, I' EAI _ _ - PERSONAUV APPEA N+nIEisl of sICNERNS CLERK OF THE BOARD OF SUPERVISORS'STATEMENT: IIIARATEDDCUMENT SUSSwu'vT FOTHE FIUNC OF INI.1AP. LE TO s'can,EVw TO TIE NCIEOANELS a_sccl<nsN EV AIANIS Y1,CII NNOEISI IS IRE .C1Nrv1FALAl.1 I ENDED TIE IAIIE IN III AREAK DEAR AS DUDU /p ATE INSTRIE `caul ENTTME BOARD OFSLPERASORS FOR THE COUNTY OF ALAEDS SPACE OF CAUFORNI I,Do THE Lsvl Dx DRENrn uaoN SENALE DF Ux cH Tx .. Fw,Ex THE NSrw JxF eovE. ,NAT aucTian.ePE�a,iav�n�AirvrENnxcE REP+iLA`oREPUCRi.IErl,s 1FP ai0�iriP IOLIDiENI SF EE auc,EA's FEE rxE Rv INDE1 THE L„v._DF III STIFF DF cwwLNIA TIAT III wRESDINc IINI'LIAIII - FAR IS TRTE AN DOOR FELT ❑ PL = sLE..ITN DSxsss FU�Eruo lrx,TFeAD a_ -AxE_ANDSPECIAL ASS'ssM ITT rs,.alECTEDASTAxED EASEmENT.AIIEIIIIIFIAIIIIIIENiwiLLIIIIIPII-INITRIIENT. FATNESS nn 11,D. APPR,EDSV AIR L AL BOARTE IN III AtIOUNT. THIN UASHSns 11 NOTES ALL E FRENTS OF REDaw,AITwn TME SOUNSARVUNES OF FFE IELEIN ENSODIED INK ILIN„TU= ❑ - AGII III BEEN PAR AS C1snHES IITHE IN lITNEAS'111EQF III UNDERSIGNII 111 IIICUTEFI LUIS STATOKENT ON 111 11 OF ILIA. AS MNER IIwAn IIN IIIES INC,A oAIwLNIA CIRPOLATION FLINIIPA ADUII IF EISWESS IIIA 111PSELUa1FIN DINNER DINNER CDNLnSSIINaoFr¢TIRI D CITY ENGINEER'S STATEMENT: PLIII,DIVIELECK SURVEYOR'S STATEMENT: ST11 THAI I TASK THIS FINAL 11 INTIT _ - COUNTY RECORDER'S STATEMENT: I ED IT I MI FN TIE LFOUILENENFS OI THESUPcE ISISN nIAI RE 11 ACT wcAL O'INUxcES.r-HELELE IF'UVILUA,I LVSN /EOnrvc TENTAnvE law qvo ANT w1RO/EO ALTERATIONS THEREOF AND THAT ALL xoII I.oI-HE SFATE LA.F NDI"IN IN AUCU""mlz.I NEVI III-THAT THIS FINAL NAP SUSerwnALLV CINwvlu FO TIE—INITIALLY AND LCaLO1DINANCES AVVU:asLE ArrNEnNEOF avvloeu oFFNEeESnNC FErrrnm'nlao NAVE eEErI CONPNES FILED FOR L'eDRS rnIS DAY OF .1111 AT I.E.,IN eoox_______________DF MAPS,F PAC's APPROIT TI—PE NPLETEAS HD N ANDTIATTLEOROSSALEA ':AFR —TFRO1It IEIIIINO. -IF NLSF IITIIN FIE TRACT IS inxs ACRES MDLE 11 LESS. 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PURSUANT)0 ARTICLE 2,SECTION 66131(9)OF)NE .M SUBDIVISION MM M ACT,THIS M SIALL CONSTITUTE TIE eI ABAIDONNENT IN ITS ENTIRETY,MTHIN THE BOUNDARIES OF THIS MM: I.TASSAJARA ROAD IRREVOCABLE OFFER OF DEDICATION, RECORDED AS INSTRUNENT NO.200.51)229),ALANEDA COUNtt RECORDS. og SIAiiON CCS 2I.ZONES N GN IN151515 TRACT 7950 n I a wp/Nd 8 A SUBOINSION OF PARCEL I OF PARCEL NM 1191 si ————— I� YY RECORDED IN PARCEL NM BOOK Bd,AT PAGES 40, co.no.use m as NG w� ` GRASS pin:sANPEp'EAU I9gE' , U, NI [I,elo.oq/sq,zrvp MAMEDA COUNiUBR RECORDS oROEe teRNauunou suioN cns ——— I m �m=-UVg9'ar LR-') �� — MMEOA COVUNiY,CALIFORNIA KA &SM MO 1'LP.NTH TWC 0 50 t®0 ���1 _ RRRAY ____——3BN1 itiB.40' NO TAG SOME:I'=100' wo.� _ NORTN OUBIiN RPNCH (R-1)N-l) z�ae rv�wix JARUARY 2D15 nresmuo P:\�sErvWWOx-nw.mw FlIE SHEET}O'l 19)]4 I -�_SILVEgq /{q NCH � I I Curve Table Curve cable Curve Table curve cable �y j e g_ P_ 6 DR1VE / G16 I, - _ , a Ie P ao 6a az.9 s wi -TS TO 40 56 23 IS 22 TO M E`.Ia 33:0633:5x'R.., 11 433.50 -4-10 M a9 / I afi.e,<� zs ra.as'x � 6A sll Nes°Da'z)E)as.ss'endv c6 ,rs- __—._.—___—_._—___—._.—___ L21 I I'll rr>ACr r.�. 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Ixf AREA DESIGNATED 0 A5 TERRACE PoWE ORT L(PPoNAIE STREET) I as�'[ Y s30 SS 51 99 -154 - _ mI S A FILE,pSR'Q.PE,EUE.ANS SYE ND O6 66 T'ER.10 6 6,= _ - TRACT 7950 32 - A SUBDIVISION OF PARCEL 1 OF PARCEL NAP 1193 21.11 RECORDED IN PARCEL NAP BOOK 84,AT PALES 40, I WE, 0a - -- — — ? ALAAEDA COUNTY RECORDS a O p6px0oNMENT nOTE CITY OF DUBLIN I Cz E 6z.25 2z,.Tp' __. "' PURSUANT TO ARTICLE 1.SECTION 66434 OF THE ALAMEDA COUNTY,CALIFORNIA __ U"A ®810.41'BNDV (9) z31 2z' _ - ""'NO2°0) B,g515 OF BEARINGS: SUBOMSION NM p ,TITS MUP S-1-CONSIIfUTE ixE I3�5. 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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 7950, TERRACE RIDGE WHEREAS, the Final Map for Tract 7950, 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, William Lyon Homes, Inc., has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 7950 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 Philadelphia Indemnity Insurance Company in the amount of $1,370,204.00 for public and private improvements (Bond No. P1303010401907), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Philadelphia Indemnity Insurance Company in the amount of $1,370,204.00 for the Public Improvements (Bond No. P1303010401907), 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 Philadelphia Indemnity Insurance Company in the amount of $355,470.00 for the construction of the Tassajara Road Phase 2 Improvements (Bond No. P1303010401896), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by Philadelphia Indemnity Insurance Company in the amount of $355,470.00 for the construction of the Tassajara Road Phase 2 Improvements (Bond No. P1303010401896), conditioned upon payment for labor performed or material furnished under the terms of said Agreement; NOW, THEREFORE, BE IT RESOLVED that said Tract Improvement 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 7950 be and the same is hereby approved, and that rights to the areas marked as Tassajara Road, Highpointe Court, 1 Terrace Ridge Court (Public), Public Service Easement (PSE), Sidewalk Easement (SWE), Landscape Easement (LSE) and Emergency Vehicle Access Easement (EVAE) offered for dedication for 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 17th day of March, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2 CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 7950 This agreement is made and entered into this nth day of March, 2015, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and William Lyon Homes, Inc. 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. 7950, desires to improve those improvements (hereafter"The Improvements") required by City of Dublin City Council Ordinance No. 11-10 adopted on June 1, 2010 approving a Planned Development Rezone with a Related Stage 1 and Stage 2 Development Plan for the Nielsen Property Residential Project, and Planning Commission Resolution No. 14-XX adopted by the Planning Commission of the City of Dublin on June 10, 2014 approving the Site Development Review for the Project known as Terrace Ridge, 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 7950— Terrace Ridge, prepared by MacKay & Somps, with any modifications for approval by the City Engineer • Joint Trench Plans— Tract 7950— Terrace Ridge, prepared by Giacalone Design Services, Inc., with any modifications for approval by the City Engineer. • Landscape Plans— Tract 7950— Terrace Ridge, prepared by vanderToolen Associates, 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; and WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; 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. Time is of the essence in this Agreement. DEVELOPER shall complete The Improvements not later than two years following said date of execution of this Agreement. 1 i DEVELOPER shall complete final improvements plans for and begin construction of the required improvements on Tassajara Road, generally referred to as the Tassajara Road Phase 2 Improvements as shown on the plans listed above (hereafter"Phase 2 Improvements), within one year from the date of execution of this Agreement, or within sixty (60) days of written notice from the City that the Wallis Ranch Project has completed construction (or is ready to begin construction) of its portion of improvements on Tassajara Road, whichever occurs earlier. Phase 2 Improvements shall include, but not be limited to, temporary paving, signage and striping required to detour traffic for the duration of construction of the Phase 2 Improvements. All improvements including transitions and interim improvements required to provide safe and functional traffic lanes and shoulder shall be constructed as approved by the City Engineer. 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- Tract 7950— Terrace Ridge, dated February 2, 2015, prepared by MacKay & Somps, and are agreed to be as follows: • Tract 7950 - Public Improvements $1,145,204.00 • Tract 7950— Private Improvements $ 225,000.00 • Tract 7950—Tassajara Road Improvements— PHASE 2 $ 355,470.00 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Said amount reflects that the Tract 7950 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"). i 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. I r 2 I r f 3. Insurance Required. Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph Prior to the commencement of work under this Agreement, DEVELOPER's general contractor (if different than Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence"form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liabilitv: $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: 3 1) General Liability and Automobile Liability Coverages. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. t 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 4 work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time provided; however, that if the policies are not yet available, the City will accept copies of the applicable binders. c) Subcontractors. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 5. Inspection of the Work. 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 5 promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 6. Agreement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY. 7. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of such written notice to cure such default; provided that, if such cure cannot be reasonably effected within such fifteen (15) day period, such failure shall not be a default hereunder so long as DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter I diligently prosecutes such cure to completion. 1 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. I Notices required to be given to CITY shall be addressed as follows: City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 i i 6 Notices required to be given to DEVELOPER shall be addressed as follows: William Lyon Homes, Inc. of California 2603 Camino Ramon, Suite 450 San Ramon, CA 94583 Attn. Steve Jones, Project Manager Phone: (925) 543-5543 Email: steve.jones @lyonhomes.com Notices required to be given to SURETY of DEVELOPER shall be addressed as follows: Lockton Insurance Brokers, LLC Attn: Surety Department 19800 MacArthur Blvd., Suite 1250 Irvine, CA 92612 Any party or the surety may change such address by notice in writing to the other party and I thereafter notices shall be addressed and transmitted to the new address. 3 8. Use of Streets or Improvements. i 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. f 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 j 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 7 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. A 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: i 1) That CITY does not, and shall not, waive any rights against DEVELOPER P 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, C 8 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: r i i f City Clerk p f DEVELOPER f is William Lyon Homes of California, Inc., a California Corporation E Steven M. Jones Designated Signer I i i i E 9 F I I 19724-01 01/29/15 C.M.L. j PRELIMINARY BOND ESTIMATE TERRACE RIDGE ! SS/ PUBLIC AND PRIVATE IMPROVEMENTS ` DUBLIN, CALIFORNIA I Based on Improvement Plans submitted by MacKay & Somps to the City of Dublin in �Q- January 2015 l HIV �� /;1 36 lots ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT I!. A. GRADING AND STREETUIWORIC 1, 87,900 SF Finish Grade street R/W $0.40 $35,160 2. 59,560 SF 3"A,C. pavement including seal coats & $1.40 $83,380 conforms 3. 59,560 SF 10" Class II Aggregate Base $1.79 $106,610 4. 13 EA Survey Monuments $300.00 $3,900 5, 3 EA Street Name Sign $450.00 $1,350 6. 3 EA Stop sign, stop bar and legend $750.00 $2,250 7. LUMP SUM Striping/Pavement Markers $2,500 8, 4 EA Traffic signs $450.00 $1,800 ESTIMATED TOTAL GRADING AND STREETWORK: $236,950 B. CONCRETE 1, 3,590 LF Vertical curb &gutter including aggregate $16.00 $57,440 2, 11,502 SF 4" Sidewalk Including aggregate base $4.00 $46,010 3. 4,788 SF 6" Section residential driveway including $6.00 $28,730 j aggregate base (Detail 3080) 4, 2,130 SF 4" Tassajara Sidewalk incl. aggregate base $4.00 $8,520 5, 13 EA Type "A" Curb inlet-(City Standard 401) $4,200.00 $54,600 6. 4 EA Curb ramp with domes $2,500.00 $10,000 7. 72 EA Thru curb drains (2 per lot) $100.00 $7,200 I 8, 5 EA Field Inlets $1,800.00 $9,000 9, 100 LF Vertical curb (Fire turn-a-round) $14.50 $1,450 s I ESTIMATED TOTAL CONCRETE: $222,950 f: s i P:1197241a fiicelEsllmales119724_BONO ESTIMATE CML_201bD129.x1s 1 of 3 I i 19724-01 i 01/29/15 C.M,L. E ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT C. STORM DRAIN 1. 4 EA Standard manholes per City Detail 407 $4,000.00 $16,000 2. 1,310 LF 18" RCP Storm drain pipe $45.00 $58,950 r 3. 202 LF 15" RCP $42.00 $8,480 4. 28 LF 12" RCP $40,00 $1,120 5. 77 LF Drainage Ditch (3') $14,50 $1,120 6. 1600 LF Drainage "J" Ditch (4,5') $14.50 $23,200 7, 1 EA Type II manhole break in to Tassajara Ex 36" $6,000.00 $6,000 8. 1 EA Type A Curb inlet break in to Tassajara ex $6,000.00 $6,000 9. 65 LF Valley Cutter $30,00 $1,950 ESTIMATED TOTAL STORM DRAIN: $122,820 D. ELECTRICAL/STREET LIGHT 1, 17 EA Electrolier Including conduit & boxes $2,500.00 $42,500 2, 36 EA Joint Trench Facilities $6,000.00 $216,000 I ESTIMATED TOTAL ELECTRICAL WORK: $258,5500 E. MISCELLANEOUS CONSTRUCTION 1, 1,763 LF Retaining Walls 2' (average) $30,00 $52,890 2. 884 LF Retaining Walls 3' (average) $40.00 $35,360 3. 2,412 LF Retaining Walls 4' (average) $60,00 $144,720 4, 275 LF Retaining Walls 5' (average) $80.00 $22,000 5. LUMP SUM Bioretention basin $50,000 6. LS Interim drainage-Tassajara Rd. $15,000 ESTIMATED TOTAL MISCELLANEOUS CONSTRUCTION: $319,970 i f r P:11372-01oII1celEsUmnlasNp72.1 ESTIMATE CM 20150129AS 2 of 3 i t i 19724-01 I 0'1/29/15 C,M,L. ! SUMMARY_ A GRADING AND STREETWORK $236,950 4 B CONCRETE WORK $222,950 j C STORM DRAIN WORK $122,820 D ELECTRICAL/STREET LIGHTS $258,500 E MISCELLANEOUS CONSTRUCTION $319,970 TOTAL IMPROVEMENTS $1,161,190 CONTINGENCY(10%) $116,119 ENGINEERING FEES (8%) $92,895 TOTAL BOND ESTIMATE $1,370,204 NOTES This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is i sufficient to satisfy our understanding of the purposes of this estimate, MacKay& Somps makes no warranty, either expressed or Implied, as to the accuracy of this estimate. i Prepared by the firm of MACKAY&SOMPS I j i i. l i r 1 P:\197241oiNcelEsBm©t66119724 BOND_rSTIMATE_CML 20160120AS 3 of 3 � 19724-01 02/02/2015 C.M.L. QROFESS/- PRELIMINARY BOND ESTIMATE - CITY F ,A EMP4 Z TERRACE RIDGE TASSAJARA ROAD IMPROVEMENTS No.43061 PHASE 2 DUBLIN, CALIFORNIA C I\- 9TFOF CM-1F�� Based on Improvement Plans submitted by MacKay & Somps to the City of Dublin in January 2015 ITEM QUANTITY UNIT DESCRIPTION UNIT AMOUNT PRICE A. GRADING ARID STREETWORK 1. LS Demo $40,000 2. LS Grading $15,000 3. 20,190 SF Finish Grade street RM $0.40 $8,080 4. 20,190 SF 5"A.C. pavement including seal coats & $2.30 $46,440 conforms 5. 20,190 SF 9" Class II Aggregate Base $1.60 $32,300 6. 20,190 SF 14" Aggregate Subbase $1.40 $28,270 7. 2,650 SF 3" Temporary A.C. Pavement for shoe-fly 1.40 3,710 8. 2,650 SF 8" Class II Aggregate Subbase for shoe-fly 1.40 3,710 9. 610 LF Curb $16.00 $9,760 10. 6,020 SF Landscaping/ Bioretention Areas $10.00 $60,200 11. 4 EA Electroliers $4,200.00 $16,800 12. - LS Adjust existing facilities $8,000 13. LS Traffic Control $50,000 TOTAL IMPROVEMENTS $267,270 CONTINGENCY (25%) $66,818 ENGINEERING FEES (8%) $21,382 TOTAL BOND ESTIMATE $355,470 i NOTES This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay & Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate. Prepared by the firm of j MACKAY & SOMPS 1 RESOLUTION NO. - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR TRACT 7950, TERRACE RIDGE WHEREAS, a Vesting Tentative Map for Tract 7950, Terrace Ridge was approved by Planning Commission Resolution No. 10-21 on April 27, 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 7950, Terrace Ridge, 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 17th day of March, 2015, 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 7950—TERRACE RIDGE THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 7950 ("Agreement") is made between the City of Dublin("City") and William Lyon Homes, Inc., A California Corporation("Owner"). 1. Property: The subject property is Tract 7950 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 7950, Terrace Ridge ("Project"), 3. Landscape Features: Owner, as part of the Project, anticipates the construction of Project related landscape features (including concrete sidewalks)within the City's rights of ways on the Tassajara Road, Terrace Ridge Court and Highpointe Court with Tract 7950 (the"Landscape Features"). Construction details for these Landscape Features are shown on the Landscape Construction Documents for Tract 7950—Terrace Ridge, prepared by vanderToolen 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. "Special Landscape Features-include but are not limited to monuments, walls, arches, 1 benches, irrigation, etc. as shown on the Landscape Plans listed above in Section 3. Owner does not own the concrete sidewalk. 6. Operations and Maintenance: Owner 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 sidewalk, 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 7950 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 i 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 Assijzns: 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 William Lyon Homes, Inc.,a California Corporation, and all successors and assigns William Lyon Homes, 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: William Lyon Homes 4000 Executive Parkway, Suite 250 San Ramon, CA 94583 Attn. Steve Jones, Project Manager Phone No. (925) 543-5543 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 3 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 , 2015. CITY: THE CITY OF DUBLIN, a municipal corporation By: City Manager OWNER: William Lyon Homes, Inc., a California Corporation By: ' Name: J-. izn J Title: r` ~ 1809818.1 4 ISILVERA RANCH DRIVE I � � - - - - - - - - I :D _ _ ® 1 CD 1 ui 1 o H I I � W U Q I i W 1 ~ 1 I HIGHPOINTE COURT Io I 0 I I¢ I I I< I I Q ER 'ACE RIDGE OURT) 1 I`O PRI ATE ST EET ( I I¢ _ NOT A PART OF LO G TERM FNCRO CHMENT AGREE N I I 1 I 1 1 � I 0 U ui I 1 Cs I 1 � 1 I I a GHPOxN�� CpUR � NI s I1 ~ 1 1 1 � I I 1 i 1 I LEGEND j — PUBLIC LANDSCAPE AREA TO BE MAINTAINED BY TRACT 7950 HOA — - - - — TRACT 7950 BOUNDARY NOTE: SIDEWALKS IN PUBLIC TERRACE RIDGE COURT R/W AND HIGHPOINTE COURT R/W AND SIDEWALKS IN TASSAJARA ROAD PUBLIC R/W ADJACENT TO THIS 0 60 120 240 TRACT ARE TO BE MAINTAINED BY TRACT 7950 HOA. SCALE:1 I'=120' I r MACKAY & SOMPS TERRACE RIDGE MINEERS PLANNERS SURVEYORS CITY OF DUBLIN LONG TERM ENCROACHMENT CALIFORNIA PLEWNTON,LA (925)225-0690 DRAWN BY:CML/MB I JOB NO:19724-011 DATE: 02-12-2015 1 REV. DATE: N/A PHASE: Al—TT_orI19 9.no...., .._..__._. DAID79A"WIPITC\inKIP TFPtI CAIrRnArIkJPKIT VV"QITnwr. RESOLUTION NO. — 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PARK LAND DEDICATION IN-LIEU FEES FOR PARK LAND DEDICATION REQUIREMENTS FOR TRACT 7950, TERRACE RIDGE 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, William Lyon Homes, Inc., is filing Tract 7950 Final Map to develop 36 residential dwelling units on 36 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 7950 are 1) Dedication of 0.403 acres of Community Park Land or payment of $461,232.00 in Community Park Land In-Lieu Fees; and 2) Dedication of 0.173 acres of Neighborhood Park Land or payment of $232,992.00 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer will satisfy the Community Park Land Dedication requirement through the payment of in-lieu Park Dedication Fees; and WHEREAS, William Lyon Homes, Inc. has deposited with the City of Dublin $461,232.00, which is the full amount required to satisfy the obligation for Community Park Land In-Lieu Fees for Tract 7950; and WHEREAS, Developer will satisfy the Neighborhood Park Land Dedication requirement through the payment of in-lieu Park Dedication Fees; and WHEREAS, William Lyon Homes, Inc. has deposited with the City of Dublin $232,992.00, which is the full amount required to satisfy the obligation for Neighborhood Park Land In-Lieu Fees for Tract 7950. NOW, THEREFORE, BE IT RESOLVED that the payment of $461,232 of Community Park Land in-lieu fees and $232,992 in Neighborhood Park Land in-lieu fees 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 17th day of March, 2015, by the following vote: AYES: 1 NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2