HomeMy WebLinkAbout4.5 Wallis Ranch Final Map Tr 7711or
19 82
/ii � 111
DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
April 5, 2016
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -60
Christopher L. Foss, City Manager "
Approval of Final Map and Tract Improvement Agreement, and Acceptance of
Park Land Dedication In -Lieu Credits for Park Land Dedication Requirements for
Tract 7711, Wallis Ranch, Neighborhood 1 (Development Solutions WR, LLC)
Prepared by Jayson Imai, Senior Civil Engineer
EXECUTIVE SUMMARY:
Development Solutions WR, LLC, a Delaware Limited Liability Company, is filing a Final Map for
Tract 7711 (Wallis Ranch, Neighborhood 1) to create 92 lots for the construction of 92 homes.
Tract 7711 is bounded on north by Contra Costa County, and on the south and east by open
space.
FINANCIAL IMPACT:
The developer has signed a Tract Improvement Agreement and posted bonds to guarantee the
construction of tract improvements associated with Tract 7711. The developer will be
responsible for all construction inspection costs related to the improvements required for Tract
7711. The Homeowners' Association will be responsible for maintaining the private streets and
project - related landscape features.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving Final Map and Tract
Improvement Agreement for Tract 7711, Wallis Ranch, Neighborhood 1; and adopt the
Resolution Accepting Park Land Dedication In -Lieu Credits for Park Land Dedication
Requirements for Tract 7711, Wallis Ranch, Neighborhood 1.
"ubmitted By
Public Works Director
DESCRIPTION:
"eviewed By
Administrative Services Di `r for
On September 16, 2014, City Council approved the Final Map for Tract 7515 (Resolution No.
155 -14), which subdivided the Wallis Ranch site into large -lot parcels for future development.
On September 1, 2015, City Council approved Final Map for Tract 8252 (Resolution No. 144-
Page 1 of 3 ITEM NO. 4.5
15), which re- subdivided the project site into large -lot parcels for future development, dedicated
parcels for future parks, and dedicated public right -of -way and easements. Development
Solutions WR, LLC, a Delaware Limited Liability Company (Development Solutions), is now
filing a Final Map for Tract 7711, Wallis Ranch Neighborhood 1, to subdivide Parcel 1 of Tract
8252 into 92 lots for the construction of 92 homes, establish private streets, and dedicate public
service easements and emergency vehicle access easements (Attachment 1).
The Final Map for Tract 7711 has been reviewed and found to be in conformance with Vesting
Tentative Tract Map 7711 and the Conditions of Approval.
The Development Solutions is responsible for the construction of all on -site infrastructure
improvements within Tract 7711, as required by the Conditions of Approval for Vesting Tentative
Map 7711 (Resolution No. 68 -14), and by the Planned Development Rezoning with Amended
Stage 1 and Stage 2 Development Plans for Wallis Ranch adopted by City Council on June 3,
2014 (Ordinance No. 11 -14). To guarantee the construction of the required improvements, the
Developer has submitted an executed Tract Improvement Agreement and the required Faithful
Performance and Labor & Material Bonds, which are summarized below.
Purpose of Bond,
Nu ber -
Amount of Bond,:
Tract 7711 Tract Improvements
K09344895
$ 2,040,834.00
Faithful Performance
Use of Credits Acquired
Neighborhood Park Land
Tract 7711 Tract Improvements
K09344895
$ 2,040,834.00
Labor & Materials
The developer will be responsible for all construction inspection costs related to the
improvements required for Tract 7711. All streets internal to Tract 7711 will be privately owned
and maintained by the Homeowner's Association.
Staff has prepared a Resolution Approving Final Map and Tract Improvement Agreement for
Tract 7711, Wallis Ranch, Neighborhood 1 (Attachments 2 and 3).
Park Land Dedication Requirements
Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land
or pay a fee in -lieu of dedicating such land as a condition of final map approval.
Development Solutions has acquired Community Park Land Credits and Neighborhood Park
Land Credits from park land dedicated with the Final Map for Tract 8252. The following table
shows how Development Solutions will satisfy the park land requirements for Tract 7711:
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 7711, Wallis
Ranch, Neighborhood 1 (Attachment 4), which outlines the requirements and how Development
Solutions will achieve compliance.
Page 2 of 3
Dedication
requirement
Fees in Lieu
of Dedication
Development Solutions WR, LLC
Compliance -
Community Park Land
1.0304 acres
$1,273,004.00
Use of Credits Acquired
Neighborhood Park Land
0.4416 acres
$ 631,120.00
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 7711, Wallis
Ranch, Neighborhood 1 (Attachment 4), which outlines the requirements and how Development
Solutions will achieve compliance.
Page 2 of 3
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 Development Solutions.
ATTACHMENTS: 1. Copy of Final Map for Tract 7711
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 7711, Wallis Ranch, Neighborhood 1
3. Exhibit "A" to Resolution, Tract Improvement Agreement, Tract 7711
4. Resolution Accepting Park Land Dedication In -Lieu Credits for Park
Land Dedication Requirements for Tract 7711, Wallis Ranch,
Neighborhood 1
Page 3 of 3
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RESOLUTION NO. -16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7711, WALLIS RANCH, NEIGHBORHOOD 1
WHEREAS, the Final Map for Tract 7711, 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, Development Solutions WR, LLC, a Delaware Limited
Liability Company, has executed and filed with the City of Dublin a Tract Improvement
Agreement for Tract 7711 to construct required subdivision improvements in accordance with
the Conditions of Approval for Tentative Tract Map 7711, and with the improvement plans
attached thereto; and
WHEREAS, said Tract Improvement Agreement is secured by the following bond
furnished by Westchester Fire Insurance Company:
• $ 2,040,834.00 for the Tract 7711 Tract Improvements (Bond No. K09344895)
conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by the following bond
furnished by Westchester Fire Insurance Company:
• $ 2,040,834.00 for the Tract 7711 Tract Improvements (Bond No. K09344895)
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, Tract 7711, attached hereto as
Exhibit "A."
BE IT FURTHER RESOLVED that the Final Map of Tract 7711 be and the same is
hereby approved, and that rights to the areas marked as Public Service Easement (PSE) and
Emergency Vehicle Access Easement (EVAE), offered for dedication 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.
1
PASSED, APPROVED AND ADOPTED this 5th day of April, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
TRACT 7711
This agreement is made and entered into this 5th day of April, 2016, by and between the City
of Dublin, a municipal corporation, hereinafter referred to as "CITY ", and Development Solutions WR,
LLC, a Delaware Limited Liability Company, hereinafter referred to as "DEVELOPER ".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that DEVELOPER, the subdivider of Tract No. 7711, desires to improve those
improvements (hereafter "The Improvements ") required by City of Dublin City Council Resolution No.
68 -14 adopted on May 20, 2014 for Tract 7711 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:
• Rough Grading Plans — Tract 7711 — Neighborhood 1 at Wallis Ranch, prepared by MacKay &
Somps and signed by the City Engineer
• Improvement Plans — Tract 7711— Neighborhood 1 at Wallis Ranch, prepared by MacKay &
Somps, and signed by the City Engineer
• Joint Trench & Private Street Lighting Plans — Tract 7711 — Neighborhood 1 at Wallis Ranch,
prepared by Giacalone Design, Inc., and signed by the City Engineer
• Landscape Plans — Tract 7711 — Neighborhood 1 at Wallis Ranch, prepared by Gates &
Associates, and signed by the City Engineer
and now on file in the office of the City Engineer, which are hereby referred to for a more definite and
distinct description of the work to be performed under this Agreement as though set forth at length
herein;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The
Improvements in consideration for DEVELOPER's satisfactory performance of the terms and
conditions of this Agreement; and
WHEREAS, CITY has determined that the portion of The Improvements that will be accepted
by the City as Public improvements are a public works subject to California prevailing wage
requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER shall complete said work not later than two years following said date of
execution. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish
CITY with a complete and reproducible set of final Record Drawings of The Improvements, including
any modifications made during construction.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement are
presented in the Bond Estimate, Wallis Ranch — Neighborhood 1, Improvement Plans /Grading, dated
12/1/15, prepared by MacKay & Somps:
• Wallis Ranch Neighborhood 1 Improvements $2,040,834.00
Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing
the obligation secured. Said amount reflects that the Tract 7711 Improvements are currently 0%
complete (bond is for 100% of the full amount). The bond estimate is attached as Exhibit A to this
agreement.
Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the
following security in a form satisfactory to the CITY Attorney:
Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or an
instrument of credit equivalent to one hundred per cent (100 %) of the estimate set forth in Paragraph
2 and sufficient to assure CITY that The Improvements will be satisfactorily completed (collectively,
the "Faithful Performance Bond ").
Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or an
instrument of credit equivalent to one - hundred per cent (100 %) of the estimate set forth in Paragraph
2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons
furnishing labor, materials, or equipment shall be paid therefore (collectively, the "Labor and Materials
Bond ").
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision
Map Act.
3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to
be obtained and filed with the CITY, all insurance required under this paragraph Prior to the
commencement of work under this Agreement, DEVELOPER' general contractor (if different than
Developer) shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph. DEVELOPER shall not allow any contractor or subcontractor
to commence work on this contract or subcontract until all insurance required for DEVELOPER and
DEVELOPER' general contractor shall have been so obtained and approved. Said insurance shall
be maintained in full force and effect until the completion of work under this Agreement and the final
acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
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covering Broad Form Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ( "occurrence" form CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than:
1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3) Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
C. Deductibles and Self- Insurance Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the CITY. DEVELOPER hereby declares that
the insurance required under Paragraph 3(B)(1) contains (i) a $1,000,000 per occurrence self -
insured retention for Bodily Injury and Property Damage Liability, (ii) a $2,000,000 per
occurrence self- insured retention for third party action over actions and (iii) a $7,500,000 per
occurrence self- insured retention for Home Builder's Limited Warranty Coverage, Construction
Damage Liability Coverage and Fungi and Related Medical Payments ( "GL SIR's "). The CITY
hereby approves the GL SIR's.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers shall
be named as additional insureds as respects: liability arising out of
activities performed by or on behalf of the DEVELOPER; products and
completed operations of the DEVELOPER; premises owned, occupied
or used by the DEVELOPER; or automobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain no special
limitations on the scope of the protection afforded to the CITY, its
officers, officials, employees or volunteers.
b) The DEVELOPER's insurance coverage shall be primary insurance as
respects the CITY, its officers, officials, employees and volunteers. Any
insurance or self- insurance maintained by the CITY, its officers, officials,
employees or volunteers shall be excess of the DEVELOPER's
insurance and shall not contribute with it.
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c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees or
volunteers.
d) The DEVELOPER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage. The insurer shall
agree to waive all rights of subrogation against the CITY, its officers, officials,
employees and volunteers for losses arising from work performed by the DEVELOPER
for the CITY.
3) All Coverages. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided, cancelled by either
party, reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to the CITY.
Notwithstanding the foregoing, if an endorsement that would provide for thirty (30)
days' prior written notice prior to one or more of the above actions is not commercially
available, DEVELOPER shall be excused from providing an endorsement covering
said action or actions, provided that in such circumstances, DEVELOPER shall give
written notice to the CITY as soon as is practicable if DEVELOPER learns that its
coverage has been suspended, voided, cancelled by either party or reduced in
coverage or in limits.
a) Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than A:VII.
b) Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that
insurer to certify coverage on its behalf. The certificates and
endorsements are to be received and approved by the CITY before
work commences. The CITY reserves the right to require complete,
certified copies of all required insurance policies, at any time provided;
however, that if the policies are not yet available, the City will accept
copies of the applicable binders.
c) Subcontractors. DEVELOPER and /or DEVELOPER's general
contractor shall include all subcontractors as insureds under its policies
or shall obtain separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
4. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all
work executed by DEVELOPER and /or DEVELOPER's agents, and all supplies, materials and
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devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY
as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and
materials for a period of one (1) year after initial acceptance of the entire work by CITY.
DEVELOPER shall repair or replace any or all such work or material, together with all or any other
work or materials which may be displaced or damaged in so doing, that may prove defective in
workmanship or material within said one -year guarantee period without expense or charge of any
nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in
workmanship and materials actually appear during the one -year guarantee period, and have been
corrected, the guarantee period for the defected items shall automatically be extended for an
additional year from the date of the completion of the repair to insure that such defects have actually
been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the
right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay
to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the
contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or welfare,
CITY shall have the right to immediately repair, or cause to be repaired, such defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing
statement relating to hazards to health and safety shall be deemed to include either temporary or
permanent repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements
or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of
such repair or work, fifty percent (50 %) of such costs and expenses for overhead and interest at the
maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such
work or repairs.
5. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and designated
representative for the safe and convenient inspection of the work throughout its construction. Said
CITY representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in
strict accordance with the improvement plans and specifications.
6. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY.
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's obligations
under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any extension
thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be
adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's
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creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's
contractors, subcontractors, agents or employees should violate any of the provisions of this
Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and
DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion,
thereof, and default of DEVELOPER, and DEVELOPER shall have fifteen (15) days after receipt of
such written notice to cure such default; provided that, if such cure cannot be reasonably effected
within such fifteen (15) day period, such failure shall not be a default hereunder so long as
DEVELOPER commences to cure such default in such fifteen (15) day period, and thereafter
diligently prosecutes such cure to completion.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have
the duty to take over and complete The Improvements herein specified; provided, however, that if the
surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY
written notice of its intention to take over the performance of the contract, and does not commence
performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over
the work and prosecute the same to completion, by contract or by any other method CITY may deem
advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be
liable to CITY for any damages and /or reasonable and documented excess costs occasioned by CITY
thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in
completing the work, such materials, appliances, plant and other property belonging to DEVELOPER
as may be on the site of the work and necessary therefore.
All notices herein required shall be in writing, and delivered in person or sent by registered
mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Development Solutions WR, LLC, a Delaware Limited Liability Company
4185 Blackhawk Plaza Circle
Suite 200
Danville, CA 94506
Attn. Heide Chapman
Phone: (925) 309 -2514
Email: hchapman @trumark - co.com
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Any party or the surety may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
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8. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets and
improvements within the work to be performed under this Agreement shall be at the sole and
exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for
dwellings located within the tract shall not be construed in any manner to constitute a partial or final
acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's
Building Official may withhold the issuance of building or occupancy permits when the work or its
progress may substantially and /or detrimentally affect public health and safety.
9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory
signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary
to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and
maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other
safety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shown
on the plans and included in the items of work) shall be removed from site of the work by the
DEVELOPER, and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of The Improvements and the delivery of a set of final as -built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative,
shall examine The Improvements without delay, and, if found to be in accordance with said plans and
specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the
estimated cost of The Improvements that are within the Public right -of -way or Public easements, shall
recommend acceptance of the work to the City Council and, upon such acceptance, shall notify
DEVELOPER or his designated agents of such acceptance and shall thereafter immediately release
the Faithful Performance Bond and the Labor and Materials Bond. The City will not accept the Private
Improvements and a warranty bond will not be needed for these Improvements; provided however,
the CITY shall examine the Private Improvements as set forth above and shall notify DEVELOPER or
his designated agents of their completion and shall thereafter immediately release the Faithful
Performance Bond and the Labor and Materials Bond.
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.
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13. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and
construction of The Improvements will not adversely affect any portion of adjacent properties
and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify,
defend, release, and save harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, from and against any and all loss, claims, suits,
liabilities, actions, damages, or causes of action of every kind, nature and description, directly
or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations hereunder;
provided as follows:
1) That CITY does not, and shall not, waive any rights against DEVELOPER
which it may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the
insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to
all damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this paragraph,
regardless of whether or not CITY has prepared, supplied, or approved of plans and /or
specifications for the subdivision, or regardless of whether or not such insurance
policies shall have been determined to be applicable to any of such damages or claims
for damages.
3) Design Defect. If, in the opinion of the CITY, a design defect in the work of
improvement becomes apparent during the course of construction, or within one (1)
year following acceptance by the CITY of the improvements, and said design defect, in
the opinion of the CITY, may substantially impair the public health and safety,
DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost
and expense, and the sureties under the Faithful Performance and Labor and Materials
Bonds shall be liable to the CITY for the corrective work required.
4) Litigation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this Agreement
or seeks to specifically enforce the terms of this Agreement, and, in the event judgment
is entered in said action, the prevailing party shall be entitled to recover its attorneys'
fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to
recover its attorney's fees and costs in any action against DEVELOPER's surety on the
bonds provided under paragraph 3.
14. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
CITY OF DUBLIN
By:
City Manager
ATTEST:
City Clerk
DEVELOPER
Development Solutions WR, LLC, a Delaware Limited Liability Company
Authorized Representative
G: \DEVELOPMENT, PRIVATE \Wallis - N1 - Tr 7711 - Dev Solns\Agreements \TIA - Dev Sol - Tr 7711.doc
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RESOLUTION NO. — 16
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 7711, WALLIS RANCH, NEIGHBORHOOD 1
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, Development Solutions WR, LLC, a Delaware Limited
Liability Company, is filing a Final Map for Tract 7711 to develop 92 residential dwelling units
constructed on 92 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 7711 are 1) Dedication of 1.0304
acres of Community Park Land or payment of $1,273,004.00 in Community Park Land In-
Lieu Fees, and 2) Dedication of 0.4416 acres of Neighborhood Park Land or payment of
$631,120.00 in Neighborhood Parkland In -Lieu Fees; and
WHEREAS, Developer has possession of 1.0304 acres of Community Park Land
credits, which the Developer desires to have applied to fully satisfy the Community Park
Land obligation for Tract 7711; and
WHEREAS, Developer has possession of 0.4416 acres of Neighborhood Park Land
credits, which the Developer desires to have applied to fully satisfy the Neighborhood Park
Land obligation for Tract 7711;
NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 1.0304
acres of Community Park Land Credits and the application of 0.4416 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 5th day of April, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
1
ABSTAIN:
ATTEST:
City Clerk
Mayor