RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Union City
34009 Alvarado-Niles Road
Union City, California 94587
Attention: Public Works Director
EXEMPT FROM RECORDING
FEES PER
GOVERNMENT CODE §§6103,
27383
Space above this line for Recorder's Use
SUBDIVISION IMPROVEMENT AGREEMENT
No.
TRACT MAP 8251
STATION EAST RESIDENTIAL MIXED-USE DEVELOPMENT
(AREA 7-- ONSITE PRIVATE SIA PA 9 & 10)
LENNAR HOMES OF CALIFORNIA, LLC
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SUBDIVISION IMPROVEMENT AGREEMENT
No.
-----
TRACT NO. 8251
STATION EAST RESIDENTIAL MIXED-USE DEVELOPMENT
(AREA 7-ONSITE PRIVATE SIA PA 9 & 10)
THIS SUBDIVISION IMPROVEMENT AGREEMENT for Tract No.8251 (the "Agreement") is entered into as of , 2026 between the CITY OF UNION CITY, a municipal corporation ("City") and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (hereinafter "Developer). City and Developer may be collectively referred to herein as the "parties."
Recitals
This Agreement is based on the following facts, understanding and intentions ofCity and Developer:
A. Developer is the developer ofthe Station East development project located on the real property located in the City ofUnion City, County ofAlameda, State ofCalifornia, more particularly described on Tract No. 8251 (the "Property"). Millrose Properties California, LLC, a California limited liability company ("Millrose") is the current fee owner ofthe Property and consents to the recordation ofthis Agreement as evidenced by its signature below. Lennar anticipates acquiring Property back from Millrose at a future date; and
B. On June 8, 2021, the City Council approved the tentative map (TTM-20-001) for a subdivision ofthe Property (Tract No. 8251) with certain conditions (collectively, the "Conditions of Approval"), and the final map is based on this approval; and C. The subdivision of the Property is also subject to that certain Development Agreement with an effective date ofJuly 22, 2021 and recorded in the Official Records ofAlameda County on December 14, 2021, as Document No. 2021396181 (as amended from time to time, the "Development Agreement");
C. Developer is required and proposes to construct various improvements in and adjacent to the subdivision. The improvements are described generally in the Approved Plans as defined below ("Improvements"). The Improvements are required by the Subdivision Map Act, the Union City Municipal Code ("UCMC") and the tentative map approved by the City; and -2-
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D. Developer has presented a final subdivision map for the Property, and has requested that City approve the final map so that it may be filed and recorded; and E. As a condition precedent to the acceptance and approval of the final map, the City requires the agreement for construction of Improvements as shown on the approved improvement plans and specifications for the construction on file with the City Engineer's office (collectively, and as may be modified with City approval, the "Approved Plans"). (Gov. Code $ 66462 and UCMC § 17.32.010.) Developer requested approval of the final map before the construction and completion of the Improvements, subject to this Agreement; and F. Government Code sections 66499 and 66499.3 and UCMC section 17.32.060 require that security be provided with any such subdivision improvement agreement, and establishes the types and amount of security; and
G. City wishes to ensure that the Improvements will be completed in a workmanship manner and in accordance with the conditions of approval and applicable law; and H The Parties have agreed to enter into nine (9) separate subdivision improvement agreements for different elements of the Improvements. For the purposes of this Agreement, the Improvements shall refer to those specific Improvements identified within Area 7 on Exhibit B, attached hereto and incorporated herein, and as further detailed in the Approved Plans.
I. The Parties agree that, prior to acceptance of the improvements related to the final Subdivision Improvement Agreement for the Tract, review of the conditions of the public streets previously constructed by Developer under prior Subdivision Improvement Agreements solely to determine whether such improvements have been adversely impacted by Developer's current construction activities shall be performed at the request of the City. Any required pavement repairs or treatments shall be limited to those reasonably necessary to address damage directly caused by Developer's current work, shall be mutually agreed upon by City and Developer. In no event shall Developer be responsible for general maintenance, rehabilitation, or upgrades of previously accepted public improvements unrelated to damage caused by Developer's activities.
J. Parties acknowledge that by entering into multiple subdivision improvement agreements, the Developer waives their option to request partial acceptances.
NOW, THEREFORE, for and in consideration of anticipated approval and recordation of the final map for the Property, and the dedications therein offered, and in order to ensure satisfactory performance by Developer of its obligations under this Agreement, the Subdivision Map Act and the UCMC, City and Developer agree as follows:
l. Required Improvements. Developer shall, at its sole cost and expense, install and complete the Improvements based on the Approved Plans on file in the Public Works Department and incorporated herein by reference. All Improvements shall be done in a professional and workmanship manner in accordance with the latest City of Union City Public Works Standards, the Standard Specifications of Alameda County Public Works and the latest Standard Specifications of the State of California, Department of Transportation. If there is any conflict between the specifications, the City Engineer shall determine which prevail. -3-
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Developer warrants that the Approved Plans are accurate and complete. If at any time before expiration of the one year repair and maintenance period described in section 4 below, the Approved Plans prove to be inadequate in any material respect, Developer shall make whatever changes are reasonably necessary to correct the inadequacy. Moreover, if the work on the Improvements has been performed pursuant to inaccurate or incomplete Approved Plans, Developer shall correct such work at its own expense.
Developer reserves the right to modify the plans and specifications for the Improvements as the development progresses if unforeseen conditions occur, provided that written approval is first obtained from the City Engineer in his or her reasonable discretion, which approval shall not be unreasonably withheld, conditioned or delayed. City reserves the right to make modifications to the plans and specifications for the Improvements whenever field conditions and/or public safety reasonably require such modifications. Developer shall pay City, and be responsible for all costs, expenses, and liability associated with checking and inspecting any modifications.
If Developer fails to construct the Improvements as required, City may, at its option: (1) grant an extension of time in accordance with UCMC section 17.32.050; (2) cause the Improvements to be completed and recover all related costs from Developer and/or the surety. (Gov. Code $ 66499.11 and UCMC § 17.32.050.)
2. Time for Completion. All Improvements shall be installed and completed within 18 months from the date of this Agreement or such time as approved by the City Engineer, not to exceed a period of 36 months, unless a different deadline is established by the Development Agreement or an extension is granted by the City Council or the City Engineer. (UCMC §
17.32.050.) The date of completion shall be the date of a final inspection that demonstrates Developer has satisfactorily completed the Improvements inspected in accordance with the Improvement Plans. The date of the approval by City Council for acceptance of the Improvements shall be the date used on the City resolution accepting the Improvements. No periodic progress inspections, waiver of any defect, or breach of this Agreement shall bind the City to accept the Improvements.
(a) Inspection and Acceptance. Upon completion of the work, including the 90-day establishment period for any landscaping, on all or any category or area of the Improvements eligible for acceptance, the Developer may request a final inspection by the City Engineer. Written notice requesting final inspection shall be submitted to the City Engineer and City Engineer conduct the requested final inspection in compliance with the requirements of Government Code section 66499. 7. Within ten (10) days of a final inspection that demonstrates Developer has satisfactorily completed the Improvements inspected in accordance with the Improvement Plans, the City Engineer shall recommend and schedule with City Council at the next available date, the acceptance of the Improvements by the City Council, unless such power to accept has been delegated by the City Council to the City Engineer or another officer of the City, in which case the final acceptance shall be subject to the reasonable approval of that specified official (any determination that the Improvements has not been satisfactorily completed shall include a list of all remaining work to be completed). Such final inspections shall apply the standards and provisions of Exhibit A to determine if the Improvements has been satisfactorily completed. After acceptance of the Improvements by the City Council or delegated official, the City shall be responsible for all maintenance of the Improvements accepted by the City except -4-
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for warranty repairs necessitated by a construction defect in the Improvements as described in Exhibit A and the final pavement treatment described in Recital I. The procedures related to City inspections and the conditions required for acceptance are more specifically described in Exhibit A, incorporated herein by this reference.
(b) Third Party Agencies. Consistent with Government Code Section 66499.8, for the portions of the Improvements that are to be accepted by another governmental agency, such as a wet utility provider, the City shall not release the improvement security until the obligations are performed to the reasonable satisfaction of such other governmental agency.
In accordance with Government Code Section 66499.8, such other governmental agency shall be conclusively deemed to be satisfied with the performance of the Improvements if it has not responded within two months after notice of completion of the the portions of the Improvements that are to be accepted by that governmental agency.
3. Costs of Plan Check and Inspection. Upon execution of this Agreement, Developer shall pay to City the sum of $193,463.33 to cover the cost of plan checking and inspecting the lmprovements.
4. One Year Repair and Warranty Period. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, or damage by third-parties, Developer guarantees all work executed by Developer and/or Developer's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to City as a part of the work pursuant to this Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after final acceptance of the 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. City shall apply the standards and provisions of Exhibit A in making such a determination.
Developer further covenants and agrees that defects in workmanship or materials identified during the one (1) year guarantee period shall be promptly corrected. Any repaired or replaced portion of the improvements shall be warranted for a period of ninety (90) days from the date of completion of such repair, or for the remainder of the original one (1) year guarantee period, whichever is longer. In no event shall the guarantee period for any improvement or repaired item be extended beyond one (1) year from the date of original acceptance, except that the foregoing ninety (90) day repair warranty may extend beyond such one-year period solely with respect to the specific repaired item.
In the event 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 -5-
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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, twenty percent (20%) 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. Security.
a. Amount of security. Upon execution of this Agreement, Developer shall file the following bonds with the City: (Gov. Code $ 66499.1 and UCMC § 17.32.060.) 1) Faithful Performance Bond. Developer shall submit a corporate surety bond in the amount of $700,000.00, which is 100% of the total estimated cost of construction of the Improvements, guaranteeing the faithful performance of this Agreement. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. 2) Labor and Materials Bond. Developer shall submit a corporate surety bond in the amount of $700,000.00, which is 100% of the total estimated cost of construction of the Improvements, guaranteeing the payment of all persons for labor or materials furnished in the construction of the Improvements. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney.
b. Warranty Bond. Before the City's acceptance of the Improvements, Developer shall deposit with the City either cash or an acceptable corporate surety bond in the amount of $70,000, which is 10% of the estimated cost of construction of the Improvements as security for maintenance of the Improvements and to guarantee the Improvements against any defective work or labor done, or defective materials used in the work.
c. Estimate of Improvement costs. As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in enforcing the obligations secured ("Estimated Total Cost of the Improvements"). (Gov. Code $ 66499.4; UCMC $ 17.32.060.) d. Release of security. Complete Release of security shall be in accordance with Gov. Code section 66499.7 and UCMC section 17.32.070.
5. No Waiver by City. City inspection, approval or acceptance of the Improvements shall not relieve Developer of its obligations to fulfill this Agreement as provided herein, nor -6-
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shall City be stopped from bringing any action for damages arising from Developer's failure to comply with the terms and conditions of this Agreement.
6. Indemnity. Developer shall defend, indemnify, and hold harmless City, its officers, employees, agents, and elective and appointive boards from any and all claims, losses, damages, including property damage, personal injury, including death, costs, including attorney fees, and liability of any kind or nature to the extent directly or indirectly arising out of performance under this Agreement and/or the construction of the Improvements by Developer, contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for Developer, contractor or any subcontractor, save and except those matters arising from the sole, active negligence or willful misconduct of City. Developer's obligations under this Section 15 shall extend until the date that both of the following have occurred: (1) the City accepts all of the Improvements; and (2) the one year warranty period has expired, at which time the indemnification obligations under this section 15 shall automatically terminate with regard to any cause of action arising after such date. Notwithstanding the preceding sentence, Developer's obligations under this Section 15 for claims related to latent defects of the Improvements shall extend until the date that is ten (10) years after the date the City accepts all of the Improvements.
Acceptance of insurance required under this Agreement shall not relieve Developer from liability under this defense, indemnification and hold harmless provision.
The parties intend that this provision shall be broadly construed to effectuate its purpose.
The provisions of this section 15 shall survive completion of the Improvements or the termination of this Agreement.
7. Encroachment permit: Prevailing wages.
a. Encroachment permit. For any work done in the public right-of-way, Developer shall obtain encroachment permit(s) from City and shall, at its sole cost, furnish City with the required certificates of insurance and endorsements for review and approval by City before the start of any work, and shall maintain insurance throughout the duration of the Agreement.
b. Prevailing wages. Developer agrees to comply with prevailing wage law, Labor Code Section 1720 et seq., to the extent applicable to the Improvements and shall be responsible for any penalties and wages as required by law incurred for noncompliance. c. Applicable law. Developer shall construct the Improvements in accordance with all federal, state, and local laws, ordinances, regulations and rules. Developer shall be solely responsible for obtaining any require licenses or approvals necessary for construction of the Improvements.
8. Insurance. Developer shall procure and maintain for the life of this Agreement (including the one (1) - year guarantee period as described in section 4 of this Agreement), insurance against claims for injuries to persons and damages to property which may arise from or in connection with the performance of the work hereunder by Developer, its contractor, agents, -7-
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representatives, employees or subcontractors. Said insurance shall be maintained in full force and effect until the written Release of Security is issued by the City Engineer. Additionally, completed operations coverage shall be maintained in full force and effect for three years after the acceptance date of the Improvements. 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 coverage. Coverage shall be at least as broad as:
1) Insurance Services Office form number CG000l covering Commercial General Liability on an "occurrence" basis.
2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3) Workers' Compensation insurance as required by the State of California. b. Minimum limits of insurance. Developer shall maintain limits no less than:
1) Comprehensive general liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either Athe 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: $2,000,000 combined single limit per accident for bodily injury and property damage.
3) Workers' Compensation: Workers' compensation limits as required by the Labor Code of the State of California.
d. Deductibles and self-insured retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Developer shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
e. Other insurance provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) Genera] Liability and Automobile Liability Coverages a) City, its officers, agents, officials, employees, and volunteers are to be covered as insureds with respect to liability arising -8-
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out of automobiles owned, leased, hired or borrowed by or on behalf of Developer, and with respect to liability arising out of activities performed by or on behalf of Developer including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Developer's insurance (at least as broad as ISO Form CG 20 10, 11 85 or later revised), or as a separate owner's policy.
b) For any claims related to this project, Developer's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Developer's insurance and shall not contribute with it.
2) Workers' Compensation. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Developer pursuant to this Agreement.
3) All Coverages.
a) Insurance is to be placed with insurers with a current A.M.
Best rating of "A:VII" or better.
b) Developer shall furnish City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by City or on other than the City's forms, provided those
endorsements or policies conform to the requirements. Initial certificates and endorsements are to be received and approved by City before work commences. Updated certificates and endorsements are to be provided to City prior to each policy expiration date. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these
specifications at any time.
c) Developer and/or Developer's general contractor shall include all subcontractors as insureds under their policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
d) Developer hereby grants to City a waiver of any right to subrogation that any insurer of Developer may acquire against -9-
City by virtue of the payment of any loss under such insurance.
This provision applies regardless of whether City has requested or received a waiver of subrogation endorsement from the insurer.
e) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City.
f) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Section 2782 of the Civil Code.
g) No policy required by this Section 10 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense.
9. Notices. Any notice to be given under this Agreement shall be given by enclosing it in a sealed envelope, first-class postage prepaid and depositing it in the United States mail, addressed to the party at the following address:
If to Developer:
If to City:
Lennar Homes of California, LLC
2603 Camino Ramon, Suite 525
San Ramon, CA 94583
Attention: Kelley Stough
E-Mail: [email protected]
Joan Malloy , City Manager
City of Union City
34009 Alvarado-Niles Road
Union City, California 94587
Either party may change its address by notifying the other party of the change of address.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section 10.
10. Recordation; Binding effect. City agrees to allow Developer to record the final map. City shall record this Agreement with the County Recorder's Office and the provisions of this Agreement shall bind and inure to the benefit of the heirs, successors, and assigns of City and Developer.
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11. Miscellaneous provisions.
a. Amendments. This Agreement and the Approved Plans contain the entire agreement between Developer and the City with respect to the Improvements. No modification to this Agreement shall be effective unless it is in writing, signed by the Developer and the City and approved as to form by the City Attorney. b. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. c. Independent Contractor. In performing under this Agreement, Developer and its employees, agents, contractors, and subcontractors shall act at all times as an independent contractor. Nothing contained here shall be construed or applied so as to create the relationship of principal and agent, or of employer and employee, between City and Developer or its employees, agents, contractors, and subcontractors.
d. Binding Upon Heirs. Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto.
e. Governing Law: Severability. The laws of the State of California shall govern this Agreement. Any action to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in the County of Alameda, California.
The invalidity, in whole or in part, of any provision of this Agreement will not void or affect the validity of any other provision of this Agreement. f. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
[signature page follows immediately]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written.
Dated: _
Attest
Thai Nam Pham
City Clerk
Dated: _
CITY OF UNION CITY
By: _
Joan Malloy
City Manager
DEVELOPER),
ar Hlnerok Al«to, LO
)
»Es±es Name' kite uils»..
Dated: Jug 2A,i6@e
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104198\19566151v1
Approved as to Form:
Kristopher J. Kokotaylo
City Attorney
104198\19566237vl
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Consent to Recordation
Millrose Properties California, LLC, a California limited liability company ("Millrose") is the owner in fee simple of the Property as defined above and hereby consents to the recordation of this Subdivision Improvement Agreement.
MILLROSE:
Millrose Properties California, LLC,
a California limited liability company
By: Lennar Homes ofCalifornia, LLC,
a California limited liability company
(as successor-in-interest by conversion to
Lennar Homes ofCalifornia, Inc.)
Its: Attorney-in-fact
By: ~. ~
Name: Chal 'oh2
Title: Authorized Representative
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104198\19566037v2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189
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Signer's Name: _
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Signer is Representing.
□ Attorney in Fact
□ Guardian or Conservator
©2019 National Notary Association
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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paragraph is true and correct.
WITNESS my hand and official seal.
Signature _
Signature of Notary Public
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ianer(s) )thor [han [amed boye.
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Signer's Name:
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©2019 National Notary Association
Signer's Name: _
□ Corporate Officer - Title(s): _
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Exhibit A
Inspection Procedures
The following terms and clarifications will be used and followed by City Staff and Inspectors and the Developer's Representatives when preparing project acceptance punchlist items and their needed, or not needed, repairs or replacements.
Improvement Assessment Disagreements Arbitration
Should the Developer and the City dis-agree on the need for repair or replacement of an improvement item, Developer will contact its Civil and or Geotechnical Engineer of Record for an inspection, assessment of the item or issue, and request a letter which will be provided to the City addressing the City's concern and lack of need for repair or replacement for the City's review and consideration.
Item Type
Concrete Sidewalk Cross Slope and Remove and Replacement l. Sidewalk Cross Slope can vary widely given street slopes, soil shrink and swell, ground movement and or subsidence and temperature especially if placed by hand and not machine placed. As cement is a plant batched material that is hauled to the work site and includes additives to meet a certain mix design, water content and design strength, the final finish can vary from one set of forms to another and from one finisher to another.
Given these variables, the allowable range for sidewalk placed can be anywhere from
1.3%- 2.0%. This varying slope will be checked by use of a recently calibrated "Smart Level" and by taking three (3) slope readings within one flag or section of sidewalk between two tooled joints. The three (3) readings will then be averaged and if the average slope between the three (3) reading is within the above range, then the sidewalk can be left in place.
2. Cracks in concrete curbs, gutters, sidewalks, trails, seat walls or any other concrete element are expected and there needs to be an acceptable tolerance for what size crack requires the concrete item to be removed and replaced. For this reason, cracks smaller than 3/32", roughly the width of a US Nickel, do not require removal and replacement if cracks are a result of concrete shrinkage. Two or more cracks 3/32" in width or cracks with spalls within a section of concrete shall be removed and replaced. Cracks, regardless of size, as a result of damages from equipment or vehicles shall be removed and replaced. Cracks 3/32" in width that do not require removal and replacement shall be filled with a concrete caulking filler by Developer for aesthetic reasons.
3. Curb Chips less than 6" in both directions may be repaired using a patching material that is specifically designed, intended, or recommended by the manufacturer for concrete curb repair. The patching material shall be installed in accordance with the manufacturer's written instructions and recommendations. Repairs shall be finished with a brushed texture and color that closely matches the existing curb to the extent practicable. -15-
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Asphalt Surfaces
l. Cracks in Asphalt can be expected, especially as the asphalt ages. Minor cracks up to ¼" wide can be crack sealed with a liquid asphalt emulsion, applied hot, to fill the cracks without any saw cutting, dig outs or asphalt re-paving.
2. Minor scratches and or gouges in the asphalt do not constitute a structural defect and will not delay acceptance of the street by the City. If there are too many scratches and or gouges, Developer will address them during the one (1) year Warranty Period by saw cutting and removing the damage asphalt or by grinding them out and patch paving them.
Surface Signage & Striping
Truncated Domes
l. ADA Truncated Domes are manufactured by several different companies and come in many colors. The City will accept any approved manufacturer or equal product that meets applicable Caltrans specifications. A typical color of "yellow" that meets Caltrans specifications will be deemed acceptable for the Station East Project.
Storm Water Treatment Area (Rain Gardens) and Curb Inlets Trash & Debris Protection Devices l. Storm Water curb and treatment area inlet trash & debris protection devices shall be supplied and installed after the inlets are installed and are functioning and will be maintained by Developer until they have been accepted either by the City or the HOA at which time either the City of the HOA will commence maintenance of all of the inlet protection devices per the maintenance responsibilities indicated in the recorded O&M Agreement.
Storm Drain System Cleaning and CCTV
l. The storm drain system will need to be clean when it is ready for City Acceptance.
Developer will make every effort to keep temporary BMP filters or covers over all inlets during the development process. Developer will flush and CCTV the Storm Drain system one (1) time after all base rock has been placed and compacted but before asphalt pavement placement and prior to acceptance. Developer shall invite the City Inspector to observe the CCTV operation and will provide a copy of the video upon written request from the City. Unless a major structural defect is found in the storm pipe, the results of the CCTV will not delay paving of the streets.
2. City will only have "inspection jurisdiction" over storm drain pipes within future City Rights of Way and within public easements. All storm drain pipes and inlets within private common areas will be owned and maintained by the HOA after acceptance. City will own and maintain public storm drain pipes and curb inlets within the public right-ofway.
3. Storm Drain Pump Stations #1, #3 & #4 will be owned and maintained by the Master HOA. Pump Station #1 in Parcel "A" Park, will be owned and maintained by the HOA. -16-
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SCALE: I"-60' DATE FEBRUARY 14,2025
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