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HomeMy WebLinkAbout5.4 Agreement for Long Term Encroachment for Landscape Features with Regional Street Housingr DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 5.4 DATE: February 18, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SU B.ECT: Agreement for Long Term Encroachment for Landscape Features with Regional Street Housing Prepared by: Gabrielle Abdon, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will consider approving an Agreement for Long Term Encroachment for Landscape Features with Regional Street Housing at 7750 St. Patrick Way. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Regional Street Housing. FINANCIAL IMPACT: There is no impact to the General Fund. All costs associated with the agreement are borne by the developer. DESCRIPTION: Eden Housing is developing a 1.33-acre property located at 7750 St. Patrick Way (formerly 6543 Regional Street) with 113 affordable rental units to serve very low- and low-income seniors. The Agreement for Long Term Encroachment for Landscape Features provides for the property owner to maintain the landscape and decorative features within the public street rights -of -way along Regional Street and St. Patrick Way. This includes all landscape planting, irrigation, sidewalks, street trees, stormwater treatment, and decorative/stamped pavement. The project conditions of approval require this agreement prior to the issuance of a grading or encroachment permit. The City Council Resolution approving the Agreement is included as Attachment 1 and the Agreement is included as Attachment 2. Page 1 of 2 1 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Regional Street Housing 2) Exhibit A to Resolution - Agreement for Long Term Encroachment for Landscape Features with Regional Street Housing at 7750 St. Patrick Way (formerly 6543 Regional Street) Page 2 of 2 2 Attachment I RESOLUTION NO. XX — 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH REGIONAL STREET HOUSING WHEREAS, a Site Development Review Permit for the Regional Street Housing Residential Project was approved by Planning Commission Resolution No. 21-11 on November 23, 2021, with Conditions of Approval; and WHEREAS, said Conditions of Approval require the developer to construct project -related landscape features within the public street rights -of -way of Regional Street and St. Patrick Way; and WHEREAS, said Conditions of Approval require the developer to enter into an "Agreement for Long Term Encroachment for Landscape Features" for the maintenance of said landscape features; and WHEREAS, said Conditions of Approval also require the developer to take over maintenance responsibilities along the project frontage at St. Patrick Way previously maintained by Avalon West; and WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features with Regional Street Housing at 7750 St. Patrick Way (formerly 6543 Regional Street), attached hereto as Exhibit A, which will be recorded against the property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement for Long Term Encroachment for Landscape Features with Regional Street Housing at 7750 St. Patrick Way (formerly 6543 Regional Street), attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the agreement, attached hereto as Exhibit A, and make any necessary, non -substantive changes to carry out the intent of this Resolution. {Signatures on the Following Page} Reso. No. XX-25, Item X.X, Adopted 02/18/2025 Page 1 of 2 3 PASSED, APPROVED AND ADOPTED this 18th day of February 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 4 Attachment 2 Exhibit A to the Resolution Recording Requested By: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH REGIONAL STREET HOUSING AT 7750 ST. PATRICK WAY (formerly 6543 REGIONAL STREET) THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH REGIONAL STREET HOUSING AT 7750 ST. PATRICK WAY (formerly 6543 REGIONAL STREET) ("Agreement") is made between the City of Dublin ("City") and Regional Street Investors, L.P. ("Owner"). 1. Property: The subject property is APN 941-1500-025-00, which is more particularly described in attached Exhibit "A" (the "Property"). 2. Developer: Owner is the developer of the Property and intends to construct thereon a multifamily housing development consisting of one hundred thirteen (113) units ("Project"). 3. Landscape Features: Owner, as part of the Project, anticipates the construction of Project related landscape features along the project frontages within the City's rights of ways on the following streets: St. Patrick Way and Regional Street (collectively, the "Landscape Features"). Construction details for these Landscape Features are shown on the Landscape Plans for Regional Street Apartments, prepared by Golden Gate Landscaping, and Landscape Plans for St. Patrick Way Tract Map 8460, prepared by The Guzzardo Partnership, both approved by the City. The scope of the improvements covered under this Agreement is shown on the attached Exhibit "B". 4. Encroachment Permit: Owner shall apply to the City for an encroachment permit for work to be performed pursuant to this Agreement. The City must grant the encroachment permit for all work to install, operate and maintain the Landscape Features and all the conditions imposed by the City must be consistent with the provisions of this Agreement. If there is a conflict between any provisions of this Agreement and the encroachment permit, the provisions of this Agreement shall prevail over the conditions of the encroachment permit. 1 5 5. Ownership: Owner shall own all Landscape Features, including but not limited to sidewalk, stormwater treatment areas, trash capture devices, plantings, irrigation, street trees, etc. 6. Operations and Maintenance: Owner shall maintain and repair all the Landscape Features, including all frontage landscape plantings, stormwater treatment areas, trash capture devices, irrigation, sidewalks, and street trees within the designated areas, in a safe manner consistent with the approved plans to the reasonable satisfaction of the City at its sole cost and expense, including electric power and water cost. Owner will be responsible at its sole cost to replace or repair any Landscape Feature damaged or removed during the maintenance or repair of sewer, water, drainage or utility improvements by the City, Dublin San Ramon Services District or utility company, unless such damage or removal is caused by the negligence, gross negligence or willful misconduct of the City, Dublin San Ramon Services District or utility company. The City will maintain at its sole cost all asphalt concrete pavement, concrete curb and gutter, drainage improvements, traffic signs and striping, and streetlights in the public right of way. 7. Removal or Relocation: If future improvements proposed by the City conflict with any of the Landscape Features, the City may remove or reasonably relocate the Landscape Feature at its sole cost. If any of the Landscape Features are relocated, the City and Owner will execute a modification to this Agreement to reflect the maintenance and operations at its new location. Provided, however, the City is under no obligation to relocate any of the Landscape Features. 8. Insurance: Owner shall obtain and maintain in effect a combined single limit policy of liability insurance not less than one million dollars ($1,000,000) covering the Landscape Features improvements and shall name the City as an additional insured. 9. Indemnification: Owner shall indemnify, defend and hold the City harmless from and against any and all loss, claims, liability damage or expense or cost the City may incur or become liable for or for which a claim is made by a third party, due to or arising out of Owner's construction, maintenance or operations of the Landscape Features unless caused by the negligence, gross negligence or willful misconduct of the City, its agents, contractors or employees. 10. Permanent: The Landscape Features and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, and are appurtenant to the Property. 11. Right to Assign: Owner may assign any or all rights, interests and obligations of Owner arising under this Agreement to the designated property manager for the Project or to a successor in interest of Owner with respect to all or a portion of the 2 6 Project; provided, however, that no such assignment of Owner's rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide on any assignment within ten (10) days after Owner's notice thereof, provided all necessary documents and other information are provided to the City Manager to enable the City Manager to assess the assignment. 12. Successors and Assigns: Each reference to the "City" in this Agreement shall be deemed to refer to and include the City and all successors and assigns of City. All references to the "Owner" in this Agreement shall be deemed to refer to and include Regional Street Investors, L.P., a California limited partnership, and all successors and assigns of Regional Street Investors, L.P. 13. Notices: Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery if delivered personally to the party to whom notice is to be given (including messenger or recognized delivery or courier service) or on the second day after mailing, if mailed to the party to whom notice is to be given, by first-class mail, postage prepaid, and properly addressed as follows: City: City of Dublin 100 Civic Plaza Dublin, California 94568 Fax No. (925) 833-6651 Attn: City Manager Owner: Regional Street Investors, L.P. 22645 Grand Street Hayward, CA 94541 Attn: Aruna Doddapaneni Senior Vice President of Real Estate Development Wells Fargo Bank, National Association 550 S. Tryon Street 23rd Floor, MAC D1086-239 Charlotte, NC 28202-4200 Attention: Director of Asset Management 3 7 14. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth in full in the body of this Agreement. 15. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 16. Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and cannot be amended or modified except by a written agreement, executed by each of the parties hereto. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. Dated this day of , 2025. CITY: THE CITY OF DUBLIN, a municipal corporation By: Colleen Tribby City Manager 4 8 OWNER: Regional Street Investors, L.P., a California limited partnership By: Regional Street, LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, its sole/member manager Aruna Doddapaneni Senior Vice President of Development 5 9 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 S`v on NV4Ni' 191\\ '2' before me, Date 1 I \E J AMEN Eli NDTNW4 PUScW c Here Insert Name and Title of the Officer personally appeared P09--V 4c t )? NEN� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LEXIE JIMENEZ Notary Public - California San Diego County Commission 0 2489633 My Comm. Expires May 7. 2028 Place Notary Seal and/or Stamp Above 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. Signatur OPTIONAL ature ootary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 'ti �N`E- VQQ- 1,WCl Te_4\A ‘CizoP � Document Date: y NNv ' 29\1\--\ , 21)2S Number of Pages: Signer(s) Other Than Named bove: Capacity(ies) Claimed by Si • ner(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 G: neral ❑ At orney in Fact ❑ Guardian or Conservator ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Ti ❑ Partner — 0 Limited ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: le(s): General r Attorney in Fact Guardian or Conservator ©2019 National Notary Association M1304-09 (11/20) 10 Exhibit A Legal Description EXHIBIT A The land referred to is situated in the County of Alameda, City of Dublin, State of California, and is described as follows: Parcel 2 of Parcel Map No. 1920, filed December 1, 1976 in Book 94 of Parcel Maps, Pages 11 and 12, Alameda County Records. Excepting therefrom: That portion of land conveyed to the City of Dublin by Grant Deed Dated March 15, 2021, Recorded 03-26-21, as Instrument No. 2021123184, more particulary described as follows: Real property, situate in the incorporated territory of the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of Parcel 2, as said Parcel 2 is shown and so designated on Parcel Map 1920, filed for record on December 1, 1976 in Book 94 of Parcel Maps, at Page 11, in the Office of the County Recorder of Alameda County, more particulary described as follows: Beginning at the Northwestern corner of said Parcel 2; Thence from said point of beginning, along the Northerly line of said Parcel 2, North 69° 08' 15" East 31.11 feet; Thence leaving said Northerly line, along the arc of a non -tangent 40.00 foot radius curve to the left, from which the center of said curve bears South 33° 42' 04 East, through a central angle of 77° 09' 41" an arc distance of 53.87 feet, to the Westerly line of said Parcel 2; Thence along said Westerly line, North 20° 51' 45" West 39.00 feet to said point of beginning. Assessor's Parcel No. 941-1500-25-2 7 11 Exhibit B Improvement Plan 8 12 10X10X6 TEE 3" WM & 6" BFP (DOMESTIC) 1 ST. PATRICK WAY Oirirrl S/W - *'' 50.8't' kiriterni ir‘ 11 Il` RW . 10X10X1��./ J SERVICE SADDLE ii #�ti.. 1"WM& / 3g 1" BFP (IRRIGATION). SNJ 111114 r , TEE 8" DDCA I 10X1OX8 S6J I I /41 �", PAE i TRASH - I CONCRETE 24' DRIVEWAY PAD , STAGING AREA L CONTRACTOR TO CONFORM TO EXISTING S/W BW 353.85 LONG TERM ENCROACHMENT AGREEMENT EXHIBIT NO SCALE JANUARY 2025 CITY OWNED / PROPERTY OWNER MAINTAINED (INCLUDING LANDSCAPE, SIDEWALK, CURB RETURNS, STORMWATER TREATMENT, DRIVEWAYS) PROJECT SITE --T SAN RAMON (925) 866-0322 ROSEVILLE (916)788-4456 WWw.CBAUDG.CONI CIVIL ENGINEERS • SURVEYORS • PLANNERS F:13456-0001ACADIEXHIBITSIXB-019 PUBLIC IMPROVEMENTS.DWG 13