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Home My WebLink About4.05 Parcel 7357 Appr 't :r .. ," tit /- C I T y' C L E R K V File # D~UJ~-[1]~ 'OO"~Z> . AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 5, 1999 SUBJECT: Approval of Parcel Map 7357, Tassajara Meadows, Unit II Report Prepared by: Lee S. Thompson, Public Works Director EXIllBITS ATTACHED: 1) 2) 3) Resolution Approving Parcel Map 7357 Reduced Copy of Parcel Map 7357 Tract Developer Agreement (Mission Peak Homes) RECOMMENDATION:0"(d-- Adopt resolution approving Parcel Map 7357. FINANCIAL STATEMENT: The developer is providing performance and labor and materials bonds to guarantee construction of the street, grading, and utility improvements and will pay the cost of construction inspection. Once the improvements have been constructed and accepted, the City will incur maintenance costs for the City-maintained improvements. . DESCRIPTION: Parcel Map 7357, which includes the future Tassajara Meadows II (Mission Peak Homes), is located along the west side of Tassajara Road and northerly of Gleason Drive. The developer agreement with Mission Peak Homes refers to improvements for Parcell, and includes dedications for publk streets (portions of Tassajara Road and Gleason Drive, as well as a new street, Creekview Drive), a utility easement, and a trail and access easement. Parcel 1, which will be subdivided into 95 single family lots, is located easterly of Tassajara Creek. Parcel A, which is the creek channel, is to be dedicated to Zone 7 for flood control purposes in a separate , deed. The improvement plans and Parcel Map have been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval. All of the required fees, bonds, and insurance certificates have been submitted. Staff recommends that the City Council adopt the resolution approving Parcel Map 7357. . COPIES TO: Mission Peak Homes 5' ITEM NO.4" c g:\develop\tmeadows\agst73 5 7 .. e e . RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING PARCEL MAP 7357 (T ASSAJARA MEADOWS II) WHEREAS, Parcel Map 7357, 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 the provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and WHEREAS, certain public improvements within Parcel Map 7357 are offered for dedication to the public; NOW, THEREFORE, BE IT RESOLVED that Parcel Map 7357 be and the same is hereby approved; and that rights to areas marked as the following streets: Tassajara Road, Gleason Drive, and Creeh."View Drive, within the boundary of the embodied Parcel Map, and those strips of land marked as "Public Utility Easement (p.U.E)" and "Trail and Access Easement," as offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted; and that the Clerk of this City Council be and . . is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 5th day of January, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\develop\tmeadows\reso7357 . ATIACH~JtENT I '. e e . CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this _ day of , 1998, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Mission Peak Homes, Inc., hereinafter referred to as "DEVELOPER". WITNESSETH WHEREAS, it has been determined by the City Council of the City of Dublin, State of California, that DEVELOPER, as a subdivider, desires to improve and dedicate Parcel Map 7357 in accordance with the requirements and conditions set forth within the City of Dublin Planning Commission Resolution No. 98a035 adopted on November 30, 1998; the requirements of the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and specifications for said development approved by said City Council, and now on file in the office of the Public Works Director/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 required improvement within the time hereinafter specified, and City intends to accept Developer's offer(s) of dedication of said improvement(s) in consideration for Developer's satisfactory performance of the terms and conditions of this Agreement: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein cpntained, the parties agree as follows: 1. Completion Time. Developer will commence the work required by this Agreement within thirty (30) days following the date on which City executes this Agreement. Developer shall complete said work not later than three hundred sixty-five (365) days 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 as-built plans, including any authorized modifications. 2. Bonds Furnished. Concurrently with the execution of this Agreement, Developer shall furnish City with a Faithful Performance Bond and a Labor and Materials Bond. Each bond shall be in a form prescribed by City, and shall be issued by a company duly and legally licensed to conduct a general surety business in the State of California. Each bond shall become a part of this Agreement. . a. Faithful Performance Bond. Developer shall furnish City with a bond conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum of $2,132,380.00. Page 1 ATfACHMENT j e e . 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 Assiqnment. This Agreement shall not be assigned by Developer without the written consent of City. . 7. Abandonment of Work. If the work to be done under this Agreement is abandoned, or if this Agreement is assigned by Developer without written consent of City, or if City through its City Engineer determines that the said work or any part thereof is being unnecessarily or unreasonably delayed or that Developer is willfully violating any of the conditions or covenants of this Agreement or is executing this Agreement in bad faith, the City shall have the authority to order Developer to discontinue all work or any part thereof under this Agreement, and Developer shall cease to continue the work or such part thereof as City may designate, and City shall thereupon have the power to obtain by Agreement, purchase, rental or otherwise, all labor, equipment, and materials deemed necessary to complete the work and to use such materials as may be found upon the line of such work. Developer and his sureties shall be liable for all expenses incurred by City for the acquisition and use of such labor, equipment, and ma~erials. 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 improvementf? 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 substan~ially 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 all tract work and the delivery of a set of final as-built plans to City by Developers, City, through its City Engineer or his designated representative, shall examine the tract work without delay, and, if found to be in Page 3 . . . , ATTEST: e City Clerk e CITY OF'DUBLlN By Mayor DEVELOPER - MISSION PEAK HOMES, INC. By ~ =S~, JOHN S. WONG Type or Print Name PRESIDENT Title Page 5