HomeMy WebLinkAboutReso 158-12 Sorrento East LT Encroach RESOLUTION NO. 158 - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG-TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 7655
WHEREAS, a Vesting Tentative Map for Tract 7655 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 7655 attached hereto as
Exhibit A, which will be recorded against the property concurrently with the Tract 7655 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 4th day of September, 2012, by the
following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
\J44.
ATTES7Ti Mayor
City Clerk
Reso No. 158-12, Adopted 9-4-12, Item 4.10 Page 1 of 1
AGREEMENT FOR LONG-TERM ENCROACHMENT
FOR LANDSCAPE FEATURES.WITHIN TRACT 7655,
SORRENTO EAST -NEIGHBORHOOD 9
TI-IIS AGREEMENT FOR LONG-TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 7655 ("Agreement") is made between the City of Dublin ("City")
and Shea Homes Inc., a Delaware corporation("Owner").
1. Property: The subject property is Tract 7655 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 7655, Sorrento East-Neighborhood 9,
("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 with Tract 7655; Central Parkway, Grafton Street, Giovanni
Way, and Lee Thompson Street(collectively,the "Landscape Features").
Construction details for these Landscape Features are shown on the Landscape
Plans for Tract 7655, Sorrento East-Neighborhood 9 prepared by R3 Studios,
approved by the City; Improvement Plans, Tract 7655, Sorrento East—
Neighborhood 9,prepared by MacKay& Somps, approved by the City; and
Improvement Plans, Tract 7982-Sorrento East,prepared by MacKay& Somps,
approved by the City. The locations of these Landscape Features are attached
hereto as Exhibit A.
4. Encroachment Permit: Owners shall apply to the City for an encroachment
pewit 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.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape improvements, including all frontage and island landscape plantings,
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
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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 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 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 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 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: 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 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: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Tract 7655 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 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
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include Shea Homes Inc., a Delaware corporation and all successors and assigns
Shea Homes Inc., a Delaware corporation including but not limited to the Tract
7655 Home Owner's Association.
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: Shea Homes Inc., a Delaware corporation
2580 Shea Center Drive
Livermore, CA 94550
• Phone: (925) 245-3610
Attn: Matthew J.Henry, VP of Land Acquisition
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 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.
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Dated this day of , 2012.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
City Manager
• OWNER:
Shea Homes Inc., a Delaware corporation
By:
Matthew J. Henry
VP of Land Acquisition
1809811.1
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