HomeMy WebLinkAboutReso 70-13 Sorrento East Long Term Encroach RESOLUTION NO. 70 - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING FIRST AMENDMENT TO AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 7982
WHEREAS, the Owner, SR Structured Lot Options I LLC, a Delaware Limited Liability
Company, and the City of Dublin previously entered into an Agreement for Long Term Encroachment
for Landscape Features with Tract 7982, to satisfy Conditions for Approval approved by Planning
Commission Resolution No. 10-09 on March 9th, 2010; and
WHEREAS, the City Council previously approved the Agreement for Long Term
Encroachment for Landscape Features with Tract 7982 with Resolution No. 21-11 on March 1, 2011;
and
WHEREAS, said Conditions of Approval required the Owner 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 the First Amendment
to Agreement for Long Term Encroachment for Landscape Features with Tract 7982, attached hereto
as Exhibit A, to include the maintenance of the landscape area within the western right-of-way of
Lockhart Street along the Kolb Elementary School parcel, as a Landscape Feature.
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 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 June, 2013.
AYES: Councilmembers Biddle, Gupta, Hart, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Haubert
ABSTAIN: None
Ube:— it-lost
ATT T: Mayor
City Clerk
Reso No. 70-13,Adopted 6-4-13, Item 4.3 Page 1 of 1
Recording Requested By
CITY OF DUEL'
When Recorded Mail To:
r'!w Clerk
=iiv of Dublin
100 Civic Plaza
Dublin,CA 94567E
Fee Waived per GC 27.io,
FIRST AMENDMENT TO AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 7982
This First Amendment is made and entered into this day of 2013, by and
between the City of Dublin, a Municipal Corporation, hereinafter referred to as "City." and SR
Structured Lot Options I LLC, a Delaware Limited Liability Company, hereinafter referred to as
"Owner."
RECITALS
A. City and Developer are parties to that certain "Agreement for Lona Term
Encroachment for Landscape Features with Tract 7982" ("Agreement"), approved by City
Council Resolution No. 21-11 on March 1, 2011.
B. By this Amendment, the parties wish to add the construction and maintenance of
the landscape area within the City's right of way at the west side of Lockhart Street along the
eastern frontage of the school site parcel 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: Owner, as part of developing its Sorrento East Project, will be
constructing project related landscape features within the City's rights of ways on Palermo
Way, Lee Thompson Street, Capoterra Way, Grafton Street, Lockhart Street, Gleason
Drive and Central Parkway (collectively, the "Landscape Features"). The specific
location and description of these project related Landscape Features are shown on Exhibit
A attached hereto and incorporated herein by reference. Construction details for these
Landscape Features are shown on the Tract 7982, Sorrento East Backbone Streets,
Landscape Plsurs, prepared by R3 Studios and approved by the City, and Tract 7651
Sorrento East, Landscape Improvements for Palermo Way at Lockhart Street Plans,
prepared by R3 Studios,dated November 21,2008,approved by the City for Tract 7651.
Section 2. Exhibit I to this Amendment is hereby attached to the Agreement as a new Exhibit
"A".
Section 3. All other provisions of the Agreement shall remain in effect.
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to oe execute:.
as of the date and year lust aoove wr::tc
CITY: DEVELOPER:
ii-{EE CITY OF DUBLIN. SR Structured Lot Options I LLC.
rr::nlelnal.corporation A Delaware Limited Liability Company
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ACKNOWLEDGMENT
State of California 1
County of tc/1.'r1 tnkut}r c ) i { '
On 1"I,CLy I� ao 3 , before me, J'Q�1`tU.( C. i �
Nt. L N . finsert name of notary)
Notary Public, personally appeared •ruW RAL
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.
1dt5 5v)
I certify under PENALTY OF PERJURY under the laws of the State of that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ., \ C JwCh (Seal)
975263.01/00 S '•, Z
370946-0000211-29-13/mrfnmf „'�' �: NOTARY 'S. L
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EXHIBIT "A" ®A &SNIPS
LONG-TERM ENCROACHMENT AGREEMENT P�o�a ®� 9,
SORRENTO EAST -TRACT 7982 Rid
DAMMED FelemS'% I
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