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HomeMy WebLinkAbout4.09 Pulte Home Tr 8167 R1 of D*bh rye --.. X82 STAFF REPORT CITY CLERK t��i� File # -60 (iL � CITY COUNCIL F le 600 DATE: August 18, 2015 TO: Honorable Mayor and City Councilmembers f . FROM: Christopher L. Foss, City Manager / / A 7 SUBJECT: Approval of Final Map and Improvement Agreement, Approval of Agreement for Long-Term Encroachment for Landscape Features, and Acceptance of Parkland Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8167, Tribeca (Pulte Home Corporation) Prepared by Jayson lmai, Senior Civil Engineer EXECUTIVE SUMMARY: Pulte Home Corporation, a Michigan Corporation, is filing a Final Map for Tract 8167 (Tribeca) to create nine numbered parcels and 10 lettered parcels for the construction of 52 condominium townhouse units on a 2.86 acre site. Tract 8167 is bounded on the north by Dublin Boulevard, on the east by Campbell Lane, and on the southwest by the Iron Horse Trail. The subject site is also known as Dublin Transit Center Site A-1. 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 $449,592.00 in Community Park Land Fees due. Credits are also being used to satisfy $222,924.00 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 8167. The Performance Bond and Labor & Materials Bond amounts for construction of the tract improvements are for 100% of the estimated cost to construct the improvements. Bond amounts are summarized in the table below. Purpose of Bond Bond Number Amount of Bond Public & Private Improvements SNO4002530 $1,100,940.00 Faithful Performance Public & Private Improvements SN04002530 $1,100,940.00 Labor & Materials The developer will be responsible for all construction inspection costs related to the improvements required for Tract 8167. All streets internal to the proposed subdivision will be privately owned and maintained by the Homeowners' Association. The Homeowners' Association will also be responsible for maintaining the project-related landscape features within the public right-of-way on Dublin Boulevard and Campbell Lane and for maintaining the on-site stormwater treatment measures constructed with this project. Page 1 of 3 ITEM NO. 4.9 RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving Final Map and Tract Improvement Agreement for Tract 8167, Tribeca; adopt the Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8167, Tribeca; and, adopt the Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8167, Tribeca. Submitted By Reviewed By Reviewed By Public Works Director Administrative Assistant City Manager Services Director DESCRIPTION: Pulte Home Corporation, a Michigan Corporation, is filing a Final Map for Tract 8167, to subdivide Parcel 1 of Parcel Map 8275, recorded in Book 280, at Pages 71 and 72, Alameda County Records, into nine numbered parcels (Parcels 1 through 9) and ten lettered parcels (Parcels A-J) for the construction of nine condominium townhouse buildings containing a total of 52 three-story condominium townhouse units (Attachment 1). The Final Map for Tract 8167 dedicates public street right-of-way at the southwest corner of the intersection of Dublin Boulevard and Campbell Lane (designated as Parcel J on the Final Map). The Final Map also dedicates to the public Emergency Vehicle Access Easements and Public Service Easements. The Final Map for Tract 8167 has been reviewed and found to be in conformance with the Vesting Tentative Map and Conditions of Approval adopted by City Council Resolution 151-14 on September 2, 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 8167 provides for the Homeowners' Association to maintain project-related landscape features within the public right-of-way along Dublin Boulevard and Campbell Lane, including planter strips and sidewalks. Staff has prepared a Resolution Approving the Final Map and Tract Improvement Agreement for Tract 8167, Tribeca (Attachments 2 and 3) and a Resolution Approving the Agreement for Long- Term Encroachment for Landscape Features for Tract 8167, Tribeca (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. Pulte Home Corporation has acquired Community Park Land Credits and Neighborhood Park Land Credits from another developer. The following table shows how Pulte Home Corporation will satisfy the park land requirements for Tract 8167: Page 2 of 3 Dedication Fees In Lieu Pulte Home Corporation Requirement of Dedication Compliance Community Park Land 0.364 acres $449,592.00 Use of Credits Acquired Neighborhood Park Land 0.156 acres $222,924.00 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 8167, Tribeca (Attachment 6), which outlines the requirements and how Pulte Home Corporation 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 Pulte Home Corporation. ATTACHMENTS: 1. Reduced Copy of Final Tract Map 8167 2. Resolution Approving Final Map and Tract Improvement Agreement for Tract 8167, Tribeca 3. Exhibit "A" to Resolution, Tract Improvement Agreement for Tract 8167, Tribeca 4. Resolution Approving the Agreement for Long-Term Encroachment for Landscape Features for Tract 8167, Tribeca 5. Exhibit "A" to Resolution, Long-Term Encroachment Agreement for Tract 8167, Tribeca 6. Resolution Accepting Park Land Dedication In-Lieu Credits for Park Land Dedication Requirements for Tract 8167, Tribeca Page 3 of 3 s � - �s - W ❑ �F - 0. 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Z6'IS 9°' Ni J bll 'N / N to os, - - w qi qi - / w O 0 0 52 tx RESOLUTION NO. - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT FOR TRACT 8167, TRIBECA WHEREAS, the Final Map for Tract 8167, 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, Pulte Home Corporation, a Michigan Corporation, has executed and filed with the City of Dublin a Tract Improvement Agreement for Tract 8167 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 National Casualty Company in the amount of $1,100,940.00 for the public and private improvements (Bond No. SNO4002530), conditioned upon faithful performance of said Agreement; and WHEREAS, said Tract Improvement Agreement is secured by a bond furnished by National Casualty Company in the amount of $1,100,940.00 for the public and private improvements (Bond No. SNO4002530), 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 8167 be and the same is hereby approved, and that rights to the areas marked as Parcel J, Emergency Vehicle Access Easement (EVAE) and Public Service Easement (PSE), offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted, subject to improvement, and that the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 18th day of August, 2015, by the following vote: AYES: 1 NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2 CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT TRACT 8167 � / This aQnamD1entisrnade and entered into this �J� day of_ 2D15. bvand between the City DfDublin, a Municipal Corporation, hereinafter referred toae "CITY", and Pu|te HOrD8 Corporation, aMiChigaD 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 8167, desires to improve those improvements (hereafter"The Improvements") required by City ofDublin City Council Resolution No. 151-14, adopted September 2. 2O14, approving a Site Development Review Permit and Vesting Tentative Map 81O7 for the Transit Center Site A,1 Project, 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 nf the CITY, and those certain plans for said development entitled: • Improvement Plans—D7\C ShteA-I 7i/beCe, 7iaC/8167, prepared by MacKay Q Sonnps' with any modifications for approval bythe City Engineer • Joint Trench Composite—Dublin Transit Center Site A-/, Tract 8167, prepared byGiaca|one Design SeP/ioeo. with any modifications for approval by the City Engineer • PnvutmS�8mtLi hbng—Duhlin7hansdCenherS8eA-/, pn*punadby[Siaca|one [>eeign Services, with any modifications for approval hy the City Engineer • Landscape Improvement Plans— Dublin Transit Center, TidbecaTiact 8/67 (Site A-Y), prepared byR3 Studios, with any modifications for approval bythe 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 connp|eteThe Improvements within the time hereinafter specified, and CITY intends to accept DEyEL{]PER'soffer(s) of dedication OfThe Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions Vf this Aor��rn�ntand Agreement; WHEREAS, CITY has determined that the portion mf The Improvements that will beaccepted by the City as Public improvements are e public works subject to California prevailing wage requirements: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein oontmined, the parties agree as follows: I. Completion Tim . Time iSofthe essence iD this Agreement. DEVELOPER shall complete The Improvements not later than two years following said date of execution of this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final Record Drawings ofThe Improvements, including any modifications made during construction. 2. Estimated Cost of Imorovements. The estimated cost of constructing The Improvements required by this agreement are presented in the Bond Estimate—Dublin Transit Center Site A-1, dated June 29, 2015, prepared by MacKay QSnDnpS' and are agreed tobe as follows: 0 Tract 8167 - Public and Private Improvements $1.100.94U0 Said amount includes costs and reasonable expenses and fees which may be incurred inenforcing the obligation secured. Said amount reflects that the Tract 8167 Improvements are currently 096 complete (bond is for 100% of the full amount). The bond estimate is attached as Exhibit,4tnthis Agreement. Furnished.Bonds Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in afonm satisfactory to the CITY Attorney: Performance.Faithful Either a cash deposit, a corporate surety bond issued byecompany duly and legally licensed to conduct a general surety business inthe State of California, oran instrument uf credit equivalent to one hundred per cent (10096) 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"). Materials.Labor and Either a cash deposit, a corporate surety bond issued bya company duly and legally licensed to conduct general surety business inthe State of California, orun instrument of credit equivalent to one-hundred per cent /1OQ%\ ofthe estimate set forth inParagraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing |abmr, materials, or equipment shall be paid therefore (collectively, the "Labor and Materials Bond"), CITY shall be the sole |ndernDitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5mfthe Subdivision Map Act. 3. Insurance Reguired. Prior fmcommencing 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 tobe Obtained and filed with the Administrative Services Q|rector, all insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor to commence work oO this contract or subcontract until all insurance required for DEVELOPER and [}EVEL(]PEF1'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 byCITY, All requirements herein provided shall appear either iD the body ofthe insurance policies mras endorsements and shall specifically bind the insurance carrier. A. Minimum Scope of Insurance. Coverage shall beat least aa broad as: 1\ Insurance Services Office form number 8LDOO2 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GLO4O4 2 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence"form CG 0001) 2) Insurance Services Office form number CA 0001 (E& 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 lit-nit 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(13)(1) contains (i) a $1,000,000 per occurrence self- insured retention for Bodily Injury and Property Damage Liability, (ii) a $2,000,000 per occurrence self-insured retention for third party action over actions and (iii) a $7,500,000 per occurrence self-insured retention for Home Builder's Limited Warranty Coverage, Construction Damage Liability Coverage and Fungi and Related Medical Payments ("GL SIR's"). The CITY hereby approves the GL SIR's, D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. 3 c) Any failure bz comply with reporting provisions of the policies shall not affect coverage provided tnthe C|TY, its offioers, officials, employees or volunteers. d\ The DEVEL(]PER's insurance ahe|| apply separately to each insured against whom o|airn is made or suit is brought, except with respect to the limits of the insurer's liability, 2\ . The insurer shall agree to vveiwm all rights of subrogation against the CITY' its officers, offioia|s, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be guspended, vnided, cancelled by either pgdv, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified nnoi|' return receipt requemted, has been given to the CITY. Notwithstanding the foregoing, if an endorsement that VvoV|d 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 on endorsement covering said action or aotions, 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 suspaAded, vmided, cancelled by either party or reduced in coverage or in |inniio. a} . Insurance is to be placed with insurers with a Bests' rating of no less than A: V||. b) Verification gLCoverage. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this o|ause. 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 COnlnAenoes. The CITY reserves the right to [equine complete, certified copies of all required insurance policies, at any time provided; hovvever, that if the policies are not yet available, the City will accept copies of the applicable binders. o) Subcontractors. DEVELOPER and/or []EVEL(}PER^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 [)EVEL[}PER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the vvork, or otherwise delivered to CITY as m part of the work pursuant to the Agreement, to be free of all defects of workmanship and 4 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 sale 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 Agai=!t. 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 5 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 (1 ) 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: Pulte Group Northern California Division 6210 Stoneridge Mail Road, 51' Floor Pleasanton, CA 94588 Attn. Andy Cost, Director of Land Development Phone No. (925) 249-4327 Email: Andy.Cost @Pulte.com Notices required to be given to SURETY of DEVELOPER shall be addressed as follows: Name of Surety: Address: 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. 6 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. Safetv Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly, 10. Acceptance of Work. Upon notice of the completion of The Improvements and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine The Improvements without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements that are within the Public right-of-way or Public easements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private Improvements and a warranty bond will not be needed for these Improvements; provided however, the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or his designated agents of their completion and shall thereafter immediately release the Faithful Performance Bond and the Labor and Materials Bond, 11. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California, 7 13. Li ugti&- A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, Supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. 4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 3. 14. Recitals. The foregoing Recitals are true and correct and are made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written, 8 CITY OF DUBLIN By: City Manager .ATTEST: City Clerk DEVELOPER Pulte Home Corporation, a Michigan Corporation Ey .. Andy Cost Authorized Representative 9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ALAMEDA On July 22, 2015, before me, Jeanne Miller, Notary Public (here insert name and title of the officer) Personally appeared Andy Cost who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/sI16 executed the same in his/he authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 111116INI M1011�11 Col MMISSion*210 WITNESS my hand and official seal. ER 06546 NGt'%(yPUbjiC�Cajd0rnj& Z 1"Ornis a Unt M COMM. IreS M 019 4 a 9,2 a 9,2019 Signature (Seal) 2294-00169\FORM\1224230,1 10/1/14 S$ 19748-01 JA 06-29-2015 a, TDP e ,e M PRELIMINARY BOND ESTIMATE-CITY OF DUBLIN DUBLIN TRANSIT CENTER SITE A-1 �� PUBLIC AND PRIVATE IMPROVEMENTS DUBLIN, CALIFORNIA OF Based on Improvement Plans submitted by MacKay&Somps to the City of Dublin in June 2015. 52 units ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT A. GRADING AND STREETWORK 1. 25,491 SF Finish Grade street RNV $0.40 $10,200 2. 22,610 SF 3"A.C. pavement including seal coats&conforms $1.40 $31,650 1 22,610 SF 10"Class 11 Aggregate Base $1.79 $40,470 4. 2,881 SF Decorative Paving $5.00 $14,410 5. 1 EA Street Name Sign $250.00 $250 6. 1 EA Stop sign, stop bar and legend $500.00 $500 7. 1 LUMP SUM Striping/Pavement Markers $5000 8. 10 EA Traffic signs $250.00 $2,500 12. 320 LF Pavement cuts for Campbell Lane improvements $20.00 $6,400 10. 850 SF Campbell Lane paving repairs $6.00 $5 100 ESTIMATED TOTAL GRADING AND STREETWORK: $116,480 B. CONCRETE 1, 2,482 LF Concrete curb&gutter including aggregate base $16,00 $39,710 2, 18,200 SF 4"Sidewalk including aggregate base $6.50 $'118,300 3. 9 EA Curb ramp with domes $2,500.00 $22,500 ESTIMATED TOTAL CONCRETE: $180,510 C. STORM DRAIN 1. 7 EA Manhole $3,800.00 $26,600 2. 8 EA Type"A"Curb inlet $3,800.00 $30,400 3. 1 EA Type"C"Curb inlet $3,800.00 $3,800 4. 1 EA Field Inlet $2,500.00 $2,500 5. 955 LF 18" RCP Storm drain pipe $38.00 $36,290 6. 135 LF 15" RCP Storm drain pipe $35.00 $4,730 7. 85 LF 12"RCP Storm drain pipe $32.00 $2,720 8. 161 LF 8"PVC Storm drain pipe $22.00 $3,540 9. 14 LF 6"PVC Storm drain pipe $15.00 $210 10. 1 EA Diversion Structure $4,000,00 $4,000 11. 2 EA Overflow riser $2,500.00 $5,000 12. 2 EA Remove and Replace CB(including pvmt cut and $5,000.00 $10,000 trench repair) 13. 12 EA Trash Capture Filter $500.00 $6,000 ESTIMATED TOTAL STORM DRAIN: $135,790 P:\19748\Admin\estimates\19748,010 City Bond-cost Estimate 2015-08.29.xls Pg. 1 1S748-01 00-2B-2015 TDP SITE A-1 ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT D. JOINT TRENCH I ELECTRICAL/STREET LIGHT 1. 52 EA Main line joint trench ino|transformers, pull boxes, $4.500.00 $234.000 z. O EA E|eotro|iem $5.000.00 $40.000 3. 1 EA Relocate Electrolier and box $4,000.00 $4,000 ESTIMATED TOTAL ELECTRICAL WORK: $238.000 E. LANDSCAPING/MISCELLANEOUS CONSTRUCTION 1. 2.317 SOFT Bioneienbon Basin, including select soil $20.00 $46.340 2, 1.480 SF Bin-mwo|a along west edge, including select soil $20.00 *28.000 3. 670 LF Soundwa||or decorative fencing along westerly $90.00 $60.300 *. 40 E8 Street Trees $250.00 $18.000 5. BUDGET Site Landscaping/monumentadon/common area $100.000 0. 3.072 SF Lanauaping&irrigation along Dublin Blvd, ROW $4.50 *13.820 7. 120 LF 6"Irrigation sleeves $18.DO $2,160 ESTIMATED TOTAL LANDSCAPE/MISCELLANEOUS CONSTRUCTION." *282'220 SUMMARY A GRADING AND 8TREETVVORK $118.480 B CONCRETE WORK $180.510 C STORM DRAIN WORK $135.780 D JOINT TRENCH/ELECTR|CAL/8TREETLIGHTS $238.000 E LANDSCAPE/MISCELLANEOUS CONSTRUCTION $262,220 TOTAL IMPROVEMENTS $933'000 CONTINGENCY(10%) $93'380 ENGINEERING FEES(8%) $74,840 TOTAL BOND ESTIMATE $1.100,940 NOTES I, This estimate i*prepared o,a guide only and io subject w possible change. x has been prepared tua standard of accuracy which,to the best of our knowledge and judgment,is sufficient to satisfy our understanding u/the purposes or this estimate. MacKay moompo makes nv warranty,either expressed o, implied,^s/o the accuracy o/this estimate, Prepared»v the firm or MAoxAv&SoMpm evmnmam"mosmnamsoown.mo city Bond Cost Estimate m/o-0o�9,xls Pg,2 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 8167, TRIBECA WHEREAS, a Vesting Tentative Map for Tract 8167, Tribeca was approved by City Council Resolution No. 151-14 on September 2, 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 8167, Tribeca, attached hereto as Exhibit "A", which will be recorded against the property concurrently with the Tract 8167 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 18th day of August, 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 ufDublin 10A Civic Plaza Dublin,CA 94560 Fee Waivedper GC 27383 AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 0107—DUBLIN TRANSIT CENTER SITE A-1 - TRIBECf& THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 0|67 (''Agcoeooent'`) is made between the City o[Dublin (^'City") and Pu1ttHome Corporation, A Michigan Corporation (^^Opazcr"). 1. The subject property i»Tract 8|h7um filed iu Book oZ Maps u1 Pugoe_________, in the Official Records of the County nfAlameda, State of California. 2. Developer ie the Owner of Tract 8|67, Dublin Transit Center Site A-1, Idheuu("Project"). 3, Owner, oa part nFthe Project, antici u1eotbec000truotimz of Project re|uied|undmompefeo1urca (including concrete sidewalks) vvi1bio the City's rights of ways on the Dublin.Boulevard and Campbell Lane with Tract 8l67 (the "Landscape Features"). Construction details for these Landscape Features are shown on the Landscape Improvement Plansfor Dublin Transit Center, Trd>ecu Tract 8/d7(Site/4-0, prepared byF<3 Studios, approved hythe City. The scope of the improvements covered under the agreement io shown on the attached Exhibit^'/\". 4, Owner shall apply to the City for aoencroochment permit for work tobs performed pursuant to this Agreement. The City must grant the encroachment permit for all work 10 iuNu|L operate and maintain the Landscape Features improvements and all the conditions imposed by the City must be consistent with the provisions of this Agreement. TF there iouconflict between any provisions of this Agreement and the encroachment permit, the provisions of this Agreement shall prevail over the conditions ofthe encroachment permit. l 5. Own Owner shall own all special Landscape Features. "Special Landscape Features include but are not limited to monuments, walls, arches, benches, bdeudoo' etc. as shown onthe Landscape Plans |imCcd above in Section 3. Owner does not own the concrete sidewalk. 6. Owner shall rnaiotuin and repair all the Landscape Features and Landscape improvements, including all frontage landscape plantings, irrigation, sidewalks, and street trees within the designated ozeua, in o safe manner consistent with the approved plans tothe rcumouub|c satisfaction of the City at its sole cost and expense, including electric power and water cost. Owner will he responsible at its sole cost to replace mr repair any sidewalk, Landscape Feature or Landscape Improvement damaged or removed dnriuR the cnoio10000cc nr repair ofsewer, 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 ofthe City, Dublin Son Ramon Service District orutility 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 ofway. 7. Tf future improvements proposed hy the City conflict with any oy the Landscape Features, the City may remove or reasonably relocate the Landscape Feature o1 its sole cost. lf any nf the Landscape Features are relocated, the City and Owner will execute unoodifioo1iou to this Agreement to reflect the maintenance and operations at its new location. Provided, however, the City is under no obligation to ro10001s any of the I.uud*cupc Features. 0. Owner shall obtain and maintain iu effect ucombined single Lizud policy ofliability insurance not less than one million dollars ($1`000,000) covering the Landscape Features improvements and shall name the City asan additional insured. 9. 0vvuer ahoU 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 o c)uion is made by utbird 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 ofthe City, its agents, uootouutoze or employees. 10. The Landscape Features and the rights appurtenant thereto aoset fbdb in this Agreement mbaU exist in perpetuity, and are appurtenant to the Property. 11. Right to Assig : Owner may assign any orall rights, interests and obligations of Owner arising under this Agreement iothe ffonuoovvuozs` Association for Tract 8167 or to a successor in interest of Owner with respect to all or a portion of the 2 Project; however,that no such assignment u[Owner's rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval hy the City Manager, which approval shall not be uocoasonnb|yvvdbbclJ- oonddiooedordoluycd. The City Manager shall consider and decide on any assignment within ten (10) days oDcr(}vvuer"o notice thereof, provided all necessary documents and other information are provided tnthe City Manager to enable the City Manager to assess the assignment. 12. Each reference to the "City`^ iu this Agreement shall he deemed to refer to and include the City and all auooeymorm and assigns of City. All references tothe `^{}vvuer`, in this Agreement ubmU be deemed to refer to and inclodmPu\te lI000e Corporation, uMiubiguo Corporation, and all auoccaaora and oomigum of9u]1cHome Corporation, a Michigan Corporation. 13. Any notices, requests, demands or other communications required nr permitted tobe given tinder this Agreement shall boin writing and shall bo deemed to have been duly given on the date of delivery if delivered personally to the party to vvboul notice is to be Oirco (including oueuaeogcr or recognized delivery or courier service) wrouthe second day after mailing, if mailed to the party to vvbozu notice iotnhngiven, by first-class ouuil` postage prepaid, and properly addressed uu follows: City: City ofDublin lOO Civic Plaza [)uh|io` California 94568 Fax No. (925) @33-hh5l Attn: City Manager [)`vooc Puke Group Northern California Division 02I0 S1oocridgc Mall Road, 5m Floor Pleasanton, C/\ 94588 Attn. Andy Cost, Director of Land Development Phone No. (925)249-4327 14. : All exhibits attached to this Agreement are incorporated be,siu as though they were set forth in full body of this AArcerocoL 15^ Partial Invalidi . If any provision of this Agreement is held hyu court o[ competent jurisdiction to he invalid or uooufbroeuhlr, the remainder of the Agreement shall continue in full force and effect and shall iuuo way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that inost closely approximates the intent and economic effect of the invalid or unenforceable provision, 3 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: Pulte Home Corporation, a Michigan Corporation By: �......... Narne: Title: 1809818.1 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ALAMEDA On July 22, 2015, before me, Jeanne Miller, Notary Public (here insert name and title of the officer) Personally appeared Andy Cost who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she-executed the same in his/he authorized capacity, and that by his/herT signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JEANNE MILLER Commission#2106546 Z NotaTy Public-California Alameda County Es Ma 9,2019 Comm.E Ors e Signature (Seal) 2 294-00 1 69\FORM\1224230.1 10/l/14 (nx � Z M fi 0 O Vi ¢ a owl L w z� u va OUR; g Ln �<b� w m . `� `'� cj Lu cr- " M t' ✓A! t'd'4j ft, �, J i . i +� E � dN � l /? _ f 4�2 o ccyy�M M�, o CD M �If 1 II 11 II ~ W 111 ffl( � i a 4 ° - <c U) O E E RESOLUTION NO. — 15 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 8167, TRIBECA 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, Pulte Home Corporation, a Michigan Corporation, is filing Tract 8167 Final Map to develop 52 condominium residential dwelling units on nine parcels; and WHEREAS, the Park Land requirements for the project, based on the requirements of the Municipal Code and the designated land use for Tract 8167 are 1) Dedication of 0.364 acres of Community Park Land or payment of $449,592.00 in Community Park Land In-Lieu Fees; and 2) Dedication of 0.156 acres of Neighborhood Park Land or payment of $222,924.00 in Neighborhood Parkland In-Lieu Fees; and WHEREAS, Developer has possession of credits for 0.364 acres of Community Park Land credits, which the Developer desires to have applied to fully satisfy the Community Park Land obligation for Tract 8167; and WHEREAS, Developer has possession of credits for 0.156 acres of Neighborhood Park Land credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park Land obligation for Tract 8167; NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.364 acres of Community Park Land Credits and the application of 0.156 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 18th day of August, 2015, by the following vote: AYES- NOES- ABSENT- 1 ABSTAIN: Mayor ATTEST: City Clerk 2