HomeMy WebLinkAbout4.10 Private Vehicle Access Easement y 7
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CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: September 12, 1988
SUBJECT: Private Vehicle Accessway Easement - Village VII
(Woodlands) Villages at Willow Creek
EXHIBITS ATTACHED: 1) Resolution
2) Agreement
3) Location Map
RECOMMENDATION: *dopt Resolution Approving Private Vehicle Accessway
Agreement and Authorize Mayor to Execute Same
FINANCIAL STATEMENT: None.
DESCRIPTION:
Condition #17 of the Conditions of 'Approval for PA 87-101 Site
Development Review for Village VII of the Villages at Willow Creek states that
the developer will submit a Private Vehicle Accessway Agreement to the City.
This agreement will allow the City to perform maintenance, repair, or
reconstruction on the private streets within Village VII in the event that the
homeowner's association fails to maintain them. The easement is specifically
limited to those purposes; the streets will not become public.
In the event that the City needs to perform said maintenance, repair, or
reconstruction in order to insure the safety of persons using the streets, the
cost would be required to be reimbursed by the developer or property owner.
Staff recommends that the City Council adopt the resolution approving
this agreement and authorize the Mayor to execute same.
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ITEM NO. W"5,1 COPIES TO: Standard Pacific
RESOLUTION NO. -88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
---------------------------------------------
APPROVING A VEHICLE ACCESSWAY MAINTENANCE AGREEMENT
FOR TRACT 5780
(VILLAGE VII - STANDARD PACIFIC)
WHEREAS, the streets and other improvements within Tract 5780
(Village VII) are private and to be maintained by the developer or homeowners'
association; and
WHEREAS, the City wishes to 'insure that said streets and
improvements are maintained and repaired in order to provide public safety;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin approves a Vehicle Accessway Maintenance Agreement to allow the City
to maintain or repair said streets and improvements if the developer or
homeowners' association fails to do so.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
agreement.
PASSED, APPROVED, AND ADOPTED this 12th day of September, 1988.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
t
RECORDING REQUESTED BY:
WHEN RECORDED, PLEASE MAIL TO:
Pettis , Tester, Kruse & Krinsky
2301 Dupont Drive, 5th Floor
Irvine, California 92715
Attention: Dorothy A. Urbanec
(Space Above This Line for Recorder's Use Only)
VEHICLE ACCESSWAY MAINTENANCE AGREEMENT
VILLAGE VII
THIS VEHICLE ACCESSWAY MAINTENANCE AGREEMENT (the
"Agreement" ) is entered into this day of
by and between Standard Pacific, L.P. , a Delaware limited
partnership (the "Developer" ) and the City of Dublin (the
"City" ) .
R E C I T A L S
A. Developer is the owner of real property in the
City of Dublin, County of Alameda, State of California described
as Lot 147 of Tract No. 5511 filed in Book 163, Pages 48 to 58 ,
inclusive, of Maps records of said County ( "Village VII " ) which
has been or will be resubdivided as Tract 5780 .
B. Village VII is subject to the Master Declaration
(defined below) ,, which contains provisions for the shared use
and the maintenance of "Vehicle Accessways" (defined below) for
the benefit of all of the villages described therein.
C. The Developer and City desire to enter into this
Agreement to assure continued maintenance, repair and
reconstruction of improvements upon the Vehicle Accessways for
the benefit of such owners and to provide for an easement over
the Vehicle Accessways for such activity and for access by fire,
police, health and sanitation vehicles and public utilities
vehicles in providing services to the adjacent property.
NOW, THEREFORE, in consideration of the mutual
covenants, conditions and restrictions contained herein, the
parties hereto agree as follows :
1 . Definitions . The following terms shall have the
following meaning whenever used in this Agreement except where
the context clearly indicates otherwise:
(a) City. "City" shall mean and refer to the
City of Dublin, California.
(b) County. "County" shall mean and refer to the
County of Alameda, State of California.
(c) Master Declaration. "Master Declaration"
shall mean and refer to the Declaration of Covenants, Conditions
and Restrictions for Alamo Creek recorded on September 19 , 1986
as Instrument No. 86-230450, of Official Records of the County
and any amendments thereto .
(d) Residence . "Residence" shall mean and refer
to any lot or parcel shown on a final or parcel map filed for
record in the County unless a condominium plan has been recorded
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302\87090048 .AGR EXmHBIBI'"l
i t
upon such lot or parcel pursuant to Section 1351(e) of the Civil
Code of the State of California, or any successor statute
thereof, in which event "Residence" shall then mean and refer to
a condominium. "Residence" shall not include any property owned
by a Subordinate Association.
(e) Residence Owner. "Residence Owner" shall
mean and refer to one or more persons or entities who are alone
or collectively the record owner of a fee simple title to a
Residence excluding those having any such interest merely as
security for the performance of an obligation.
( f) Subordinate Association. "Subordinate
Association" shall mean and refer to any nonprofit mutual benefit
corporation incorporated under the laws of the State of
California, its successors and assigns, named in a "Subordinate
Declaration" .
(g) Subordinate Declaration. "Subordinate
Declaration" shall mean and refer to any declaration of
covenants , conditions and restrictions and any supplemental
declaration thereto or any amendments thereof which are now or
will hereafter be recorded against all or any portion of Village
VII and will be subordinate to the Master Declaration.
(h) Vehicle Accessways . "Vehicle Accessways "
shall mean and refer to Parcels KLM&N and the area designated as
"E .V.A.E . " or "Emergency Vehicle Access Easement" on said Tract
No. 5780 .
(i) Vehicle Accessway Owner. "Vehicle Accessway
Owner" shall mean and refer to one or more persons or entities
who are alone or collectively the record owner of a fee simple
title to a Vehicle Accessway, excluding those having any such
interest merely as security for the performance of an obligation.
( j ) Village VII . "Village VII" shall mean and
refer to the property described in the Master Declaration to be
Lot 147 of Tract Map No. 5511 filed in Book 163, Pages 48 to 58 ,
inclusive, of Maps, records of the County which has been or will
be subdivided into Tract 5780 .
2 . Maintenance Obligation. A Vehicle Accessway Owner
shall have the obligation, at no expense to the City, to
maintain, repair and reconstruct the improvements upon the
Vehicle Accessways owned in a manner satisfactory to the City and
in compliance with plans and specifications approved by the City.
The City shall have the right, but not the obligation, to assume
all or any portion of such maintenance, repair and reconstruction
in the event such activity is not adequately performed by the
Vehicle Accessway Owner.
3 . Grant of Easement . Developer hereby grants to
City an easement over the Vehicle Accessways for the purpose of
maintaining, repairing and reconstructing said improvements upon
the Vehicle Accessways as provided herein and for ingress and
egress for such purposes . This easement is specifically limited
to such purposes and shall not create any easement in favor of
the public . Entry by the City upon the Vehicle Accessways for
any allowable purpose may be made without notice in the event of
any emergency involving potential danger to life or property.
Entry for any non-emergency allowable purposes may be made at any
reasonable time after notice of such entry and purpose of not
less than ten ( 10 ) days has been given to the Vehicle Accessway
Owner responsible for such activity unless corrective work is
commenced by such Vehicle Accessway Owner within three ( 3) days
following delivery of such notice and such corrective work is
prosecuted to completion within thirty ( 30) days from date of
commencement of such activity or such later date agreed to by the
City.
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4 . Reimbursement of Costs . All reasonable costs
expended by the City for labor, materials, equipment, indirect
onsite supervision of the maintenance, repair and reconstruction
performed under this Agreement shall be reimbursed to the City by
the responsible Vehicle Accessway Owner. At the sole option of
the City, if such reimbursement is not made to the City upon
demand any such reimbursement may be included as an assessment on
.the next succeeding County property tax bill covering such
Vehicle Accessway, or in the event any Vehicle Accessway is owned
in common by Residence Owners for the benefit of all members of a
Subordinate Association or has been conveyed to a Subordinate
Association, the City shall have the power to include such
reimbursement as an 'assessment on the next succeeding County
property tax bill of all Residences encumbered by the Subordinate
Declaration of such Subordinate Association. Such reimbursement
amount shall be apportioned at an equal amount for each such
Residence .
5 . Indemnity. City hereby agrees to indemnify and
hold Vehicle Accessway Owners free and harmless from any claim,
loss or liability of any kind whatsoever in connection with or
arising out of the maintenance, repair or reconstruction work
performed upon the Vehicle Accessways by the City (unless such
claim, loss or liability arises out of the wilful or negligent
act or omission of Vehicle Accessway Owner, in which event, City
shall have no liability therefor) .
6 . Successors and Assigns . This Agreement and all of
its terms, covenants and conditions will inure to the benefit of
and be binding upon the successors and assigns of Developer, and
the successors in title to the Vehicle Accessways and the
Residences .
7 . Notice. Any notice to be given under the
provisions of this Agreement shall be in writing and shall be
directed to the address of the party to whom intended as follows :
If to Developer: 6990 Village Parkway, Suite 201
Dublin, California 94568
Attention: Michael C. Cortney
If to Subordinate
Association: The principal office of the
corporation established pursuant to
a resolution of its board of
directors .
If to Residence
Owner: To the street address of the
Residence of each such Residence
Owner.
Each of the foregoing parties may designate from time
to time by written notice to the other parties a different
address which shall then be substituted for the one above
specified. Any notice sent by mail as aforesaid shall be deemed
delivered when directed to the addressee at the address indicated
for the purpose of notice and when placed in the United States
Mail, first class , postage prepaid.
B . Paragraph Headings . All paragraph headings are
inserted for convenience only and shall not be used in any way to
modify, limit, construe or otherwise affect this Agreement.
9 . Waivers . No action taken pursuant to this
Agreement by or on behalf of any party shall be deemed to
constitute a waiver by the party taking such action of the
complete compliance with representations, covenants or agreements
contained herein. No waiver, modification or change shall be
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302\87090048 .AGR
binding unless in writing and signed by the party making the
waiver. A waiver by any party hereto of a breach of any
provision of this Agreement shall not operate or be construed as
a waiver of any subsequent breach.
10 . Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of
California applicable to contracts made and to be performed in
that state.
11 . Attorneys ' Fees . Should any party institute any
action or proceeding to enforce this Agreement or any provision
hereof or for damages by reason of any alleged breach of this
Agreement or of any provision hereof, or for a declaration of
rights hereunder, the prevailing party in any such action or
proceeding shall be entitled to receive from the other party all
costs and expenses, including, without limitation, reasonable
attorneys ' fees, incurred by the prevailing party in connection
with such action or proceeding.
12 . Severability. If any term( s) or provision(s ) of
this Agreement or the application thereof to any persons or
circumstances shall to any extent be invalid or unenforceable,
the remainder of this Agreement or the application of such
term(s) or provision(s) to persons or circumstances other than
those as to which it is held invalid or unenforceable shall not
be affected thereby. Each and every term of this Agreement shall
be valid and enforced to the fullest extent permitted by law.
13 . Entire Agreement. This Agreement constitutes the
entire agreement between the parties pertaining to the subject
matter hereof and all prior and contemporaneous agreements,
representations , negotiations , and understandings of the parties ,
oral or written, are hereby superseded and merged herein.
14 . Amendments . Any amendment to this Agreement must
be in writing and signed by all of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the date first above written.
STANDARD PACIFIC, L.P. ,
a Delaware limited partnership
By: StanPac Corp. , a
Delaware corporation
Its Managing Partner
By:
By:
CITY OF DUBLIN
By:
By:
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302\87090048 .AGR
STATE OF CALIFORNIA )
ss .
COUNTY OF ALAMEDA )
On (tmU' ' (q V'—, I I -IT� , before me, .the undersigned, a Notary
Public 1t
and for said State, personally appeared . Yj-heL
personally known to me (or roved,. to
on the basis of satisfactory evidence) to be the �(� CI'f Z�
r�-,nrf` i'l I--- �1'e' on behalf of StanPac Corp. , a Delaware
corpo ation, the corporation therein named, and acknowledged to
me that said corporation executed the within instrument pursuant
to its Bylaws or a resolution of its Board of Directors, said
corporation being known to me to be the managing partner of
STANDARD PACIFIC, L.P. , the partnership that executed the within
instrument, and acknowledged to me that such corporation executed
the same as such partner and that such partnership executed the
same.
WITNESS my hand and official seal .
OFFICIAL SEAL
°T cya�;,a. •�
NOTARY PUBLIC-CALIFORNIA
SANTA CLARA COU;M
co.~m. e;::ires JAN 30, 11j'89 N6 ary Public in and for said State
(SEAL) Y Tot)"\
STATE OF CALIFORNIA )
ss .
COUNTY OF ALAMEDA )
On , 19 , before me, the undersigned,
a Notary Public in and for said State, personally appeared
, personally known to me
or proved to me on the basis of satisfactory evidence to be the
person( s) who executed the within instrument as
of and
acknowledged to me that such
executed the same.
WITNESS my hand and official seal .
Notary Public in and for said State
[Seal]
5
07/27/88 10532-00010
302\87090048 .AGR
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