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Home My WebLink AboutReso 177-12 Sorrento at Dublin Rch LT Encroach RESOLUTION NO. 177 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACTS 7641, 7642, 7643, 7644 and 7645 WHEREAS, the Developer, Sorrento at Dublin Ranch, L.P. and the City of Dublin previously entered into a Agreement for Long Term Encroachments for Landscape Features with Tracts 7641 , 7642, 7643, 7644 and 7645, to satisfy Conditions of Approval approved by Planning Commission Resolution No. 05-52 on September 13th, 2005; and WHEREAS, the City Council previously approved the Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644, and 7645 with Resolution No. 36-06 on April 4, 2006; and WHEREAS, the Developer has executed and filed with the City of Dublin the First Amendment to the Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645, to include the pedestrian bridge construction and maintenance within the public right-of-way at Grafton Street, as a landscape feature, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED that said First Amendment to the Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the First Amendment to the Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645, attached hereto as Exhibit A. 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 16th day of October, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None j 71 ATTE Mayor ficd City Clerk Reso No. 177-12, Adopted 10-16-12, item 4.3 Page 1 of 1 • Recording Requested By: - • • CITY OF DUBLIN When Recorded Mail To: City Cleric City of Dublin • 100 Civic Plaza Dublin,CA 94568 Fee Waived per GC 27383 FIRST AMENDMENT TO AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACTS 7641, 7642, 7643, 7644 AND 7645 This First Amendment is made and entered into this day of 2012, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "City," and Sorrento at Dublin Ranch I, L.P., a California limited partnership, hereinafter referred to as "Developer." RECITALS A. City and Developer are parties to that certain "Agreement for Long Term Encroachment for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645" ("the Agreement"), approved by City Council Resolution No. 36-06 on April 4, 2006. B. By this Amendment, the parties desire to add the construction and maintenance of the pedestrian bridge at Grafton Street to the Landscape Features listed in the Agreement. • NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: Section 1. Section 3 of the Agreement is amended to read as follows: Landscape Features: Sorrento, as part of developing the western portion of their Sorrento at Dublin Ranch Project, will be constructing project related landscape features within the City's rights of ways on Brannigan Street (east side), Aviano Way, Palermo Way, Capoterra Way, Perugia Street, Rimini Lane, Rimini Court, Montalcino Street, Mirano Court, Grafton Street (west side and median), Gleason Drive (south side) and Central Parkway, and a pedestrian bridge at Grafton Street (collectively, the "Landscape Features"). The specific location and description of these project related Landscape • Features are shown on the attached Exhibit A. Construction details for these Landscape Features are shown on the Sorrento, Landscape Plans prepared by Vander Toolen Associates, approved by the City for Tracts 7641, 7642, 7643, 7644 and 7645, and Grafton Street Bridge Plans, prepared by Van Tilburg, Banvard & Soderbcrgh,AIA,NCE, and MacKay & Somps, dated June 6, 2008 and approved by the.City for. Sorrento at Dublin Ranch. The scope of the improvements covered under this agreement is shown on the attached Exhibit"A". • • I Section 2. Section 6 of the Agreement is amended to read as follows: Sorrento shall maintain and repair all the Landscape Features improvements 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. Sorrento will maintain all their frontage, median and island landscape plantings, and irrigation, sidewalks, and Landscape Features structures and decorative pavement within the public right of way, including the pedestrian bridge at Grafton Street right of way and its appurtenances, except for the medians in Gleason Drive, Central Parkway and Brannigan. Street, which • will be maintained by the City at City's sole cost. Sorrento will be responsible at its sole cost to replace or repair any Landscape Feature, including decorative pavement, the pedestrian bridge and its appurtenances, 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 street lights. Section 3. Exhibit 1 to this Amendment is hereby attached to the Agreement as a new Exhibit "A>r Section 4. All other provisions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date and year first above written. 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