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Home My WebLink AboutReso 123-11 Sorrento East Tr 7652 Long Term EncrochRESOLUTION NO. 123 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ****~~*** APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACT 7652 WHEREAS, a Vesting Tentative Map for Tract 7652 and Site Development Review for Sorrento East was approved by Planning Commission Resolution 10-09 on March 9th, 2010, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project- related landscape features within the public rights-of-ways; and WHEREAS, said Conditions of Approval required the developer to enter into an "Agreement for Long-Term Encroachment" for the maintenance of the landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features with Tract 7652 attached hereto as Exhibit A, which will be recorded against the property concurrently with the Tract 7652 final map. NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 19th day of July, 2011, by the following vote: AYES: Councilmembers, Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTEST• ~ ~0~ City Clerk V µ-- .~~~' Y,~•~t.~ y Mayor Reso No. 123-11, Adopted 7-19-11, Item 4.10 Page 1 of 1 ~ ~ a4 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 (Space Above For Recorder's Use} AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 7652, SORRENTO EAST - NEIGHBORHOOD 6 THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 7652 ("Agreement"), is made between the City of Dublin ("City") and Standard Pacific Corp., a Delaware Corporation ("Owner"). Pro er : The subject property is Tract 7652 as filed in Book of Maps at Pages , in the Official Records of the County of Alameda, State of California (the "Property"). ~ 2. Develoner: Owner is the owner of Tract 7652, Sorrento East- Neighborhood 6, ("Project"). Landscape Features: Owner, as part of the Project, anticipates the construction of Project related landscape features within the City's rights of ways on the following streets in Tract 7652; Vittoria Loop and Palermo Way (collectively, the "Landscape Features"). Construction details for the Landscape Features are shown on the Laridscape Plans for Tract 7652, Sorrento East-.Neighborhood 6 prepared by R3 Studios, Inc., a California corporation and approved by the City. 4. Encroachment Permit: Owners 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. Ownership: Owners shall own all special Landscape Features. 6. Operations and Maintenance: Owners shall maintain and repair the Landscape Features in:a safe manner consistent with the approved plans to the reasonable satisfaction of the City at Owner's sole cost and expense, including electric power EXHIBIT ~ To the Resolution ~`~ a4 ~ and water cost. Owner shall be responsible, at its sole cost and expense, 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 Service District or any utility company, unless such damage or removal is caused by the negligence, gross negligence or willful misconduct of the City, Dublin San Ramon Service District or any utility company. The City shall maintain, at its sole cost a'nd expense, all asphalt concrete pavement, concrete curb and gutter improvements, drainage improvements, traffic signs and striping, and streetlights and any other features 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 conflicting Landscape Feature at its sole cost and expense. If any of the Landscape Features are relocated, the City and Owners shall execute a modification to this Agreement to reflect the maintenance and operations of the relocated Landscape Features at their new location. Provided, however, the City is under no obligation to relocate any of the Landscape Features. 8. Insurance: Owners shall obtain and maintain in effect a combined single limit policy of liability insurance not less than one millian dol[ars ($1,000,000) . covering the Landscape Features and shall name the City as an additional insured. 9. Indemnification: Owners 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 Feature and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, and are appurtenant to the Property. 11.~ Ri~ht to Assi~n: Owners may assign any or all rights, interests and obligations ~ of Owners arising under this Agreement to the Homeowners' Association ~for Tract 7652 or to a successor in interest of Owners with respect to all or a portion of the Project; provided, however, that no such assignment of Owners' rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager, which approvaI shail 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. Suceessors and Assi~ns: Each reference to the "City" fn this Agreement shall be deemed to refer to and include the City and all successors and assigns of City. All r ~ a~ ~ references to the "Owner" in this Agreement shall be deemed to refer to and include Owner and all successors and assigns of Owner including but not limited to the Tract 7652 Home Owner's Association. 13. Notices: Any notices, requests, demands or other communieations 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 messeriger 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: Standard Pacific Corp. Attn: Stephen D. Melander, Authorized Representative 3825 Hopyard Road, Suite 275 Pleasanton, GA 94588 14. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth 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 this ~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 AQreement. 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. ~ a~ ~ Dated this day of , 2011. CITY: THE CITY OF DUBLIN, a municipal corporation . . Name: Title: OWNERS: State of California ) County of ~Q~j ~y~ w ) Sta cific C ., a Delaw e Corporation By. . Thoma urrill Authorized Representative On~~~I1~ ~, 2(~j~ { , before me, ~C~ 11~i m~Yl'G~Lt ~~C.~ , ~ J ' _ (insert me and title of the~tlicer) .~ Notary Public, personally appeared ~~1C~ YY1G~5 ~ rY ( ~ 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. 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~% V l~i State of California ) County of ~ ) ~----_ MEt~ ' SYDNEY MUR Commission # 18317~2 Notary Public - California Alameda County r,,,.,~, FYOires Feb 21, 2013 (Seal) On • , before me, , ' (insert name and title of the officer) Notary Public, personally appeared , 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/tlieir authorized capacity(ies), and that by his/her/their signature(s) on the instrument tlie person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia. that the foregoing paragraph is true and correct. ~ WITNESS my hand and official seal. Signature (Seal) {