HomeMy WebLinkAboutReso 187-11 Long Term Encroach Tr 8081
RESOLUTION NO. 187 - 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8081,
NEIGHBORHOOD D-1 POSITANOI FALLON VILLAGE
WHEREAS, a Vesting Tentative Map for Tract 7586 for Fallon Village was approved by
Planning Commission Resolution 05-61 on November 22,2005, 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 a Tract Improvement
Agreement to improve required Tract improvements, including said 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 8081, Neighborhood D-1, Positano/
Fallon Village, attached hereto as Exhibit A.
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 15th day of November, 2011, by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
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Mayor
ATT~
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City Clerk
Reso No. 187-11, Adopted 11-15-11, Item 4.2
Page 1 of 1
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 WITHIN TRACT 8081, ,
FALLON VILLAGE/ POSITANO - NEIGHBORHOOD D-l
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 8081 ("Agreement") is made between the City of Dublin ("City")
andDublinRE Investors, LLC, A California Limited Liability Company, by Braddock and
Logan Services, Inc., A California Corporation, Its Manager ("Owner").
1. Property: The subject property is Tract 8081 as filed in Book _ of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Owner is the owner of Tract 8081, Fallon Village/ Positano
Neighborhood D-1 , ("Project").
3. 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 8081: Avanti Avenue, Forino Drive, Haggerty Court,
and Valentano Drive (collectively, the "Landscape Features"). ConstructIon
details for these Landscape Features are shown on the Landscape Plans for Tract
8081, Fallon Crossings prepared by Linda Gates and Associates, approved by the
City. The scope of the improvements covered under the agreement is shown on
the attached Exhibit A.
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 improvements 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.
5. Ownership: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, monuments, etc.
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EXHIBIT A
To the Resolution
irrigation, and sidewalks 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 orremoved
during the maintenance or repair of sewer, water, drainage or utility
improvements by the City, Dublin San Ramon Service 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 Service 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 and any other feahires in the public right of way.
7. Removal or Relocation: Iffuture 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 Owners 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: Owners shall obtain and maintain in effect a combined single limit
policy ofliability 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: Owners shall inderrinify, 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. Rh!ht to Assi2n: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Tract 76172 or to a successor in interest of Owners with respect to all or a portion
of the Proj ect; 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 approval shall
not be unreasonably withheld, conditioned or delayed. The City Mana~er 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. ..
2
12. Successors and Assi211s: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and as~igns of City. All
references to the "Owner" in this Agreement shall "be deemed to refer to and
include Dublin RE Investors, LLC, a California Limited Liability.Company and
all successors and assigns Dublin RE Investors, LLC, a California Limited
Liability Company including butnot limited to the Tract 8081 Home Owner's
Association.
13. Notices: Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shiUI 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 firshclass 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:
Jeff Lawrence
. Braddock and Logan Services, Inc.
4155 Blackhawk Drive, Ste. 201
Danville, CA 94506-4613
(925)- 736-4000 .
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full 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 impmred.
or invalidated, and the parties agr~e 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 Aereement. 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.
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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
,2011.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
Name:
Title:
OWNERS:
Dublin RE Investors, LLC, a California Limited Liability Company
By:
Jeff Lawrence
Authorized Representative
G:\DEVELOPMENT, PRlVATE\Fallon Village (EDPO)\Tract 8081 \Long Term Encroachment Agree TracT 8081.doc
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