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HomeMy WebLinkAbout4.08 AgrmntSnRmnMaintStgch CITY OF DUBLIN CITY COUNCIL HEETr'v'~ ~'~'~ , ,_m~ ~ .... :: April 8 1985 ^ ..... - ..... ~-:p+ wi~ City of San Ramon for Maintenance of Landscaping on Stagecoach Road EX'ii.ilo P.S['>:CnED ' Reso~ .... ~ " ' :uuJ_o~, e[!l~ m(cerpt zrcm .... ,}, ~- Tau~ Site D =velO~menb .Lr~_ct 4 !'/ ..... "~ aud Amado s ~. d / Rev{~;,~' Boundary Hc~p RECOMMENDATION h/ ~,r::~.-:~+~ Reso!.~:tiort authoFizing M~vc~,~. . to execute ~ ~ a,2 r e e m ~ n t _u,,~uiAL S~APz~4zN!'t. oo,.o to be borne by. assessment district ,~-~, e ..... '~m~, · T,- ~ ..... :-.S~n~e with the County's zonin,{ annroval of ~-- 719 rs ~y ,~ and City' ~- :'act ~, . ( ....... Le~) , the . s - , _~n o,z ~he ~t'F~eE which is in ~he ' h of tee includin6 portl e[~t, iFe ~engt5 the s~ b ~'. ........ The developer wii: . ~.,.~: ........ ',~!b2 of Sarl R~.:::on. ' ~ inir~iailv finance ~m=~ mr~nt, enance ~ ' ......... ~ -- !,he , ' -~,~ City cz Dublin a a'oDr'ov~_mS , ih iS FLF~CeSS{iY'y !CF ~;~ ..... ~ !iow eh~ City of Dublin iando-'~ins --' 3n2 $ c,o~c-~, :,.~4 until such time that vacant l:~,.~ ~ San ~ ~ ,.zz,-~I ..... q ..... ~.-.~z'. ~,--~ -i ~rp ~ ~,'~ WiLL OG rGqr~vl':; }''~ = ~O"~ h~' rr-:'~i'lE~lq.~li%C~ a~.~ ,~lo a~r~e .... n,. c .... e to Tke City cf Dublin's m':~invs:~ar~ce co:szs will 'ce financed by the assessment disl ric~. RESOLUTION NO. - 85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING AGREEMENT FOR MAINTENANCE OF LANDSCAPING ON STAGECOACH ROAD IN THE CITY OF SAN RAMON WHEREAS, since Stagecoach Road runs through Dublin and San Ramon, and landscaping is being installed along Stagecoach Road in each of said Cities, and the Dublin City Council is desirous of providing for the maintenance of such landscaping in a consistent and uniform manner; and WHEREAS, the proposed agreement would allow Dublin to maintain the landscaping along Stagecoach Road within the City limits of San Ramon pursuant to the terms of this Agreement; and WHEREAS, each of said Cities intend to ultimately provide the funds necessary for the maintenance of the landscaping improvements within each of their respective jurisdictions through maintenance assessment districts or by any other lawful means of providing such funds; and WHEREAS, in the interim, prior to development along Stagecoach Road in the City of San Ramon, the responsibility of landscaping design, installation and maintenance is the responsibility of Tract 4719 (Larry Lee) and Tract 5180 (Amador Lakes); and WHEREAS, the City of San Ramon staff has reviewed the proposed agreement and will present it to the San Ramon City Council for approval. NOW, THEREFORe, BE IT RESOLVED that the City Council of the City of Dublin authorizes the Mayor to execute the Agreement for Maintenance of Landscaping on Stagecoach Road. 1985. PASSED, APPROVED AND ADOPTED this 8th day of April, AYES' NOES: ABSENT: ATTEST: Mayor City Clerk AGREEMENT FOR MAINTENANCE OF LANDSCAPING ON STAGECOACH ROAD THIS AGREEMENT is made and entered into this day of , 1985, ky and between the City of Dublin, a municipal co~poration, hereinafeter referred to as "Dublin", and the City of San Ramon, a municipal corporation, hereinafter referred to as "San Ramon" W I TN E S SETH: WHEREAS, since Stagecoach Road runs through Dublin and San Ramon, and landscaping is being installed along Stagecoach Road in each of said Cities, it is desirable to provide for the maintenance of such landscaping in a consistent and uniform manner; WHEREAS, San Ramon agrees to allow Dublin to maintain the landscaping along Stagecoach Road within the city limits of San Ramon pursuant to the terms of this Agreement; WHEREAS, each of said Cities intends to provide the funds necessary for the maintenance of the landscaping improvements within each of their respective jurisdictions through maintenance assessment districts or by any other lawful means of providing such funds; NOW, THEREFORE, based on the foregoing understandings, Dublin and San Ramon agree as follows: mutual 1. Responsibilities of Dublin. Dublin agrees to establish a Maintenance Assessment District within the city limits of Dublin which shall be bounded by the exterior limits of Tract 4719. Dublin shall collect funds from properties within said District and shall use said funds to maintain the street and park landscaping, as hereafter described, along Stagecoach Road within the city limits of Dublin and within the city limits of San Ramon in the area shown on Exhibit "A" which is attached hereto. 2. Responsibilities of San Ramon. San Ramon shall assume landscape maintenance responsibility from Dublin upon the development of now vacant lands adjacent to Stagecoach Road in San Ramon. Those developments shall be conditioned to maintain landscaping now provided by Dublin. 3. Quality of Landscaping Maintenance. Dublin shall maintain landscaping within the city limits of San Ramon at a level equal to that provided within the city limits of Dublin. Dublin agrees to maintain said landscaping within the city limits of Dublin and San Ramon in a healthy, well-growing and weed and debris-free manner by use of either its own personnel and equipment or by contracting for such maintenance. Dublin agrees to replace any dead, damaged or diseased plants as necessary, and repair or replace any damaged irrigation system. 4. Level of Maintenance. Commencing in May, 1985, and annually thereafter, the Cities will agree on the level of maintenance to be provided for the following year. 5. Arbitration. t Any controversy or claim arising out of or relating to his Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Rules of The American Arbitration Association, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 1 6. Indemnity. San Ramon promises and agrees to indemnify and hold harmless Dublin, its officers, officials,'~ employees ~and agents from any and all claims, demands, expenses, actions,'~¥suits, liability or loss which may arise from, or be incurred ~as .the result of, injury or damage to persons or property .within the jurisdiction of San Ramon and arising out of the negligence of San Ramon, its officers, officials, employees and agents. 7. Indemnity. Dublin promises and agrees to indemnify and hold harmless San Ramon, its officers, officials, employees and agents from any and all claims, demands, expenses, actions, suits, liability or loss which may arise from, or be incurred as the result of, injury or damage to persons or property within the jurisdiction of Dublin and arising out of the negligence of Dublin, its officers, officials, employees and agents. 8. Terms. This Agreement shall continue in full force and effect until terminated by either party by written notice to. the other party one hundred twenty (120) days in advance. THIS AGREEMENT is entered into as of the day and year first above written. ATTEST: CITY OF DUBLIN City Clerk APPROVED AS TO FORM: By Mayor City Attorney ATTEST: CITY OF SAN RAMON City Clerk APPROVED AS TO FORM: By Mayor City Attorney -2- EXHIBIT C GENERAL PROVISIONS lt~g6th ZONING UNIT 3uly 20~ 1981 The Final Map of Tract t~719 shall be filed with the County Recorder of Alameda County prior .to commencement of any improvement in the project, with the exception ;of 'grad. lng' 'and .improvements"~related _i_h~_r_.et_o_ and extension of Stagecoach Road. '-~" All._con~itions of approval for Tract 4719 are incorporated by reference as General.....'" Provisions of this reclassification. "" .... Prior :to'anyz'~i:ading, a detailed construction grading plan and soil erosion and sedimentation control plan prepared by a Civil Engineer in' accordance with maps and :provisions 'of-this reclassification and the project soils and 'geologic investigation report shall be approved by the Director of Public Works. Grading shall be completed in accordance with this plan to the satisfaction of the Director of Public Works. Grading transitions from natural slopes to graded slopes above Stagecoach Road shall be approved by the Planning Director and completed to the satisfaction of the Planning Director. Prim- b. t~"iilir~'the- Fin~l Map; the following shall be done: A detailed landscape pla'fi, prepared by a registered landscape architect, shall be approved by the Planning Director. All landscaping shall be maintained at the developer's expense until landscaping has been fully installed and-established and final improvements have been accepted by the Board of Supervisors. Transfer of maintenance responsibility 'co the homeowners association or individual homeowners shall not occur until requirements of this provision and the landscaping plan are met. .. A homeowners association encompassing all lo~s in this project shall be formed. CC&Rs for each lot shall be approved by the Planning Director. CC&Rs for said Association shall require that: l) 2) 3) payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property_owner; · · ~... _ ,, ::. ......~ : -.':.;.! ~..~%;:.-'/~- :,.:-;'- ,.....: :' ,....'?. . The.Association shall take fee title to Parcel '.., ;..i ':" .-t,.... '.-.'-?" :'-:;..,-;' '--~-'~,<:: ~,,';,,~..~t"'.:::,..;.::.;'... The Association maintain all common areas in good repair, including drainage and erosion control improvements, fences, and landscaping. The Association shall maintain, through an appropriate easement, slope areas on individual lots. The Association shall mhintain fire breaks to 'the standards of Dublin San Ramon Services District Fire Department. the Association shall keep the County Planning Department informed of the current name, address~ and phone number of the Association's official representative~ and Developer shall deposit one-half the cost of signalization at Stagecoach Road and Amador Valley Boulevard to requirements o! the Direczor of Public Works. design of the recreation/open space site and the realignment of affected residential units shall be rcviewed and approved by staff at the time of Site Development Review. ~/~ All condominium units shall contain standard and currently available energy saving devices, and be insulated in : accordance with Title 24, State of California Administrative 1 Code and evidence shall be provided to the Building Official from P.G.& E. that the units meet .P.G.& E.'s requirements of the "Energy Conservation Home Program" if it still exists at the time the units are to be constructed. 7.f Compliance with the City of Condominium Dublin Residentia'l Development Guidelines (as amende~ 3/'30/83).  Compliance with City of Dublin Site Development Review Standard Conditions. OCompliance with of Dublin Police Services Standard City Res.ide~tia.1 Building Security Requirements. ' , , A,l.~-~'--' . ' ~ --~/FTh ~and/or DroDertv owner is to be responsible for the ~% 0v~ ~.~' - "~' ce of the entire ro ect and related improvements ~ 3me!ntenan P ] .... . Jand shall continue said responsibility until such time as / .'/ the Homeowners' .Association assumes the responsibility. · · ' " ' ' " ' ' ~_, ~ ~.[ Th~ and/or property owner is to provide to th~ City Planning ~ /D~a.~ment a s~atus report as to the oc~cupancy ~/ characteristics of the development once each year for three years . Fire Department requirements, Flood Control District requirements, Public Works and City Eno~ne=~ recuirements Written statements from each agency approving the plans over which it has jurisdiction shall be submitted to the P!annin.c Department prior to issuance cf Building Permits or the installation of any improvements related to this project. /.information and directories shall be provided Unit address to the satisfation of DSRSD Fire Department, Postal Service, and Dublin Planning Department.- . .- ~.!~'/4.~~,__ Parkland dedication shall be made, 'and/or fees shall be paid prior to approval of the Final Map, and as provided by local ordinance, to the satisfaction of the City of Dublin and DSRSD to comply with the Subdivision Ordinance. Should park land be dedicated and improvements be required; the - improvements shall be acceptable 'to the City of Dublin and "be installed as the City shall specify. o~r the undeveloped portion of the site shall be fenced off, the area around the lake shall be fenced off, prior to the filling of the lake; ~ the undevg~oped portion shall be maintained in a manner '~/a~ceptable to DSRSD Fire Depa. r~ment, and it shall be kept / free of trash and debris; .. %/~ 15.I:The"maintenance responslDl£1ty~ ..alnCOntractual obligation/ ~ for':the maintenance of the lan .... ~p""~?'irr'igati°n~~J, - I lighting, fencingS: and"~elated 'imProvements for StageCoach I Road, and related slope easements, shall be assigned and .~ found acceptable to the City of Dublin, for the portion of ~ the City of Dublin, and to the City of San Ramon, for that portion in the City of San Ramon, prior to approval of the I Final ~%ap, or building permits. The City will attempt to I establisk a Landscaping and Lighting Assessment District to I__serve that purpose. '  . Should Amador Lakes be built in phases: , // EXHIbiT A