HomeMy WebLinkAboutReso 52-16 Boulevard Tr 8150 LTE RESOLUTION NO. 52 - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT
FOR LANDSCAPE FEATURES AND TRASH CAPTURE DEVICES
FOR TRACT 8150, BOULEVARD PHASE 1A
WHEREAS, a Vesting Tentative Map for Tract 8150 for the project known as Boulevard
(formerly known as Dublin Crossing) was approved by Planning Commission Resolution No. 14-14
on March 25, 2014 with Conditions of Approval; and
WHEREAS, said Conditions of Approval require the developer to install project-related
landscape features and trash capture devices 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 said landscape features and trash capture
devices; and
WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement
Agreement to construct the required Tract improvements, including said landscape features and
trash capture devices; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for
Long Term Encroachment for Landscape Features and Trash Capture Devices with Tract 8150,
Boulevard Phase 1A, attached hereto as Exhibit A, which will be recorded against the property
concurrently with the Tract 8150 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 19th day of April, 2016, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None /
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LAT
ATT T: v«E Mayor
City Clerk
Reso No. 52-16,Adopted 4-19-16, Item 4.5 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 AND TRASH CAPTURE DEVICES
WITHIN TRACT 8150 BOULEVARD PHASE 1A
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES AND TRASH CAPTURE DEVICES WITHIN TRACT 8150 BOULEVARD
PHASE lA ("Agreement")is made between the City of Dublin("City") and Dublin Crossing,
LLC, a Delaware limited liability company ("Owner").
1. Property: The subject property is Tract 8150 Boulevard 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 8150 Boulevard, Dublin Crossing Phase
1A, ("Project").
3. Landscape Features and Trash Capture Devices: Owner, as part of the
Project, anticipates the construction of Project related landscape features and trash
capture devices within the City's rights of ways on the following streets in Tract
8150 Boulevard: Dublin Boulevard, Columbus Street, El Dorado Lane, and
Sterling Street(collectively, the"Landscape Features and Trash Capture
Devices"). Construction details for these Landscape Features and Trash Capture
Devices are shown on the Dublin Crossing Phase 1A plans prepared by Gates &
Associates, dated , 2016, and
Improvement Plans prepared by Ruggeri-Jensen-Azar, dated
with modifications as necessary for City approval. 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 Trash Capture Devices 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
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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 and Trash Capture
Devices, including but not limited to fountains, arches,monuments, etc.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape Features improvements and Trash Capture Devices,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 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 Trash Capture Devices 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 and Trash Capture Devices unless caused by the negligence,
gross negligence or willful misconduct of the City, its agents, contractors or
employees.
10. Permanent: The Landscape Features and Trash Capture Devices and the rights
appurtenant thereto as set forth in this Agreement shall exist in perpetuity, and are
appurtenant to the Property.
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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 8150 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
include Dublin Crossing, LLC, a Delaware limited liability company, and all
successors and assigns, including but not limited to the Tract 8150 Boulevard
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: Dublin Crossing, LLC
500 La Gonda Way, Suite 100 I
Danville, CA 94526
(925) 743-8000
Attn. Tom Stoller
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
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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.
Dated this day of , 2016.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
Chris Foss
City Manager
OWNERS:
DUBLIN CROSSING, LLC,
a Delaware limited liability company
By: BrookCal Dublin LLC,
a Delaware limited liability company
Its: Member
By:
Name:
Title:
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By:
Name:
Title:
By: SPIC DUBLIN, LLC,
a Delaware limited liability company
Its: Member
By: STANDARD PACIFIC INVESTMENT CORP.,
a Delaware Corporation
Its: Sole Member
By:
Its:
By:
Its:
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NOTES: LEGEND:
1. ALL STREET LIGHTS, PEDESTRIAN LIGHTS, AND MEDIAN BIO—RETENTION AREAS/LANDSCAPING — OWNED
LANDSCAPING WILL BE MAINTAINED BY THE LLMD. //�/ BY CITY, MAINTAINED BY HOA
SIDEWALK -
' OWNED BY CITY, MAINTAINED BY HOA
2. CONCRETE MONOLITH/SEATWALLS/GRAINITE SEAT -
1 PADS/ENTRY MONUMENTS/METAL FENCES OWNED AND
MAINTAINED BY HOA. DECORATIVE STAMPED AC PAVING —
r; OWNED BY CITY, MAINTAINED BY HOA
EXHIBIT A o , —
-
a LONG TERM ENCROACHMENT AGREEMENT RUGGERI-JENSEN-AZAR
i� ENGINEERS • PLANNERS • SURVEYORS
TRACT 8150 - DUBLIN CROSSING PHASE 1A 4690 CHABOT DRIVE. SUITE 200 PLEASANTON, CA 94588
ALAMEDA COUNTY, CALIFORNIA PHONE (925) 227-9100 FAX (925) 227-9300
SCALE. DATE- JOB NO.:
FOR: DUBLIN CROSSING, LLC 1"=300' I MARCH 17, 2016 I 081076PH1
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STORM WATER INLET SHALL BE TRITON BIOFLEX DROP
INLET TRASH GUARD GUARD (REM-1) BY REVEL II
ENVIRONMENTAL MANUFACTURING, INC OR APPROVED
EQUAL BY THE CIVIL ENGINEER. SCALE: 1"=150'
EXHIBIT A - TRASH CAPTURE SITE PLAN
LONG TERM ENCROACHMENT AGREEMENT
'Rji.r. .
RUGGERI-JENSEN-AZAR
ENGINEERS • PLANNERS • SURVEYCRS
4590 CHABOT DRIVE,SUITE 200 PLEASANTON.CA 94588
PHONE: (925)227-9'OC FAX (925)227-9302
APRIL 6, 2016 SHEET 1 OF 2
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NOTES:
STORM WATER INLET SHALL BE TRITON BIOFLEX DROP
INLET TRASH GUARD GUARD (REM-1) BY REVEL
ENVIRONMENTAL MANUFACTURING, INC OR APPROVED
EQUAL BY THE CIVIL ENGINEER. —N-
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SCALE: 1"=150'
EXHIBIT A - TRASH CAPTURE SITE PLAN
LONG TERM ENCROACHMENT AGREEMENT
1:1. fitimia
RUGGERI-JENSEN-AZAR
ENGINEERS • PLANNERS • SURVEYORS
4690 CHABOT DRIVE,SUITE 200 PLEASANTON.CA 94588
PHONE: (925)227-9,00 FAR: (925)227-9300
APRIL 6, 2016 SHEET 2 OF 2