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HomeMy WebLinkAbout4.3 Private Vehicle Access Agreement &00-30 CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: July 23, 1990 SUBJECT: Private Vehicle Accessway Maintenance Agreement Park Wood - Village III (deport by Public Works Director Lee Thompson) EXHIBITS ATTACHED: 1) Resolution 2) Agreement RECOMMENDATION: Adopt resolution i FINANCIAL STATEMENT: No cost to City. DESCRIPTION: The streets within Village III Park Wood are private, and the Master Declaration of Conditions, Covenants, and Restrictions for Tract 5511 (the Villages at Willow Creek) provides that the property owner or homeowner's assocation is to maintain the streets. The Site Development Review Conditions of Approval for Village III require the developer to submit a Private Vehicle Accessway Maintenance Agreement to the City for approval. This agreement provides that, in the event the owner or association fails to maintain the private streets, the City may enter the property for the purpose of performing maintenance work on the streets. The cost of said maintenance would be charged to the property owner or owners, and in the event that payment was not received, would become an assessment to be collected with property taxes. The agreement does not obligate the City to do the work. Staff recommends that the City Council adopt the resolution. ---------------------------------------------------------------------------- ITEM NO. W44 COPIES TO: Rafanelli and Nahas RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------------- APPROVING PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT WITH RAFANELLI AND NAHAS FOR PARK WOOD (VILLAGE III OF THE VILLAGES AT WILLOW CREEK) WHEREAS, the Master Declaration of Conditions, Covenants, and Restrictions for Tract 5511 provides that the Owner or, upon sale of condominium units, the Homeowner's Association, shall maintain private vehicle accessways within Village III; and WHEREAS, the Site Development Review approval for PA 89-109 Village III Park Wood requires the developer to submit a Private Vehicle Accessway Agreement for the City's approval; and WHEREAS, the Agreement attached hereto as "Exhibit A" has been reviewed and found to be acceptable to the City; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Private Vehicle Accessway Maintenance Agreement attached hereto as "Exhibit A" and authorizes the Mayor to execute said Agreement. PASSED, APPROVED, AND ADOPTED this 23rd day of July, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City of Dublin, City Clerk P. 0. Box 2340 Dublin, CA 94568 Space above this line for Recorder ' s use PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT PARK WOOD - VILLAGE III TRACT 5511 Dublin, California This private vehicle Acce�sway Maintenance Agreement, executed as of the �� '�'' day of �� , 1990, by and between Rafanelli and Nahas, a Cali Partnership (Owner) and the City of Dublin (City) is entered into with reference to the recitals set forth in Article I below, and constitutes a contract which will enable the City to provide certain maintenance services on the private vehicle accessways described in Exhibit A, under certain conditions as set forth below. ARTICLE I RECITALS 1. 1 Owner is the owner of the real property described in the attached Exhibit A, together with the private vehicle accessways as shown on the improvement drawings of Village III , Tract 5511, prepared by Tetrad Engineering, Inc. dated April 3 , 1990, (hereinafter referred to as "private vehicle accessways. " 1. 2 The declaration of Covenants, Conditions and Restrictions for Alamo Creek, a subdivision containing condominium projects, was recorded on September 19 , 1986. The Declaration provides that, prior to the sale of any condominium unit within Tract 5511, an additional Condominium Declaration, attached in the form of Exhibit B to the Master Declaration, shall be recorded against the individual condominium project. Village III of Tract 5511 is such a condominium project. 1. 3 The Master Declaration and Condominium Declaration provide that private vehicle accessways are common area for the benefit of owners within the individual condominium projects. 1. 4 The Owner and City desire that a recorded contract, running with the land, be established providing the City with the authority to repair and/or maintain the private vehicle accessways in the event the Owner or subsequent to the Owner, a condominium association (Association) , fails to so maintain them. ARTICLE II MAINTENANCE 2 . 1 Pursuant to the Master Declaration, it is the obligation of the Owner, or, upon sale of condominium units, the Association, to maintain the private vehicle accessways within Village III. Owner shall maintain them in a manner such that adequate access by vehicular traffic is provided at all times, so that fire, police, health and sanitation vehicles and public utility vehicles can service the properties contiguous or adjacent thereto, and so that said vehicles would have adequate turning areas. All such maintenance shall be performed by Owner or the Association at no expense to the City of Dublin. 2 . 2 In the event Owner or Association refuses or fails to so maintain the private vehicle accessways, the City of Dublin shall have the right, but not the obligation, to perform said maintenance on behalf of the Owner or Association. In furtherance of City' s right to perform the maintenance, City may enter upon the property for the purpose of accomplishing such maintenance. ARTICLE III ACCESS 3 . 1 Owner hereby grants to the City an irrevocable right of access to the private vehicle accessways for the purpose of performing maintenance as provided above. This right of access shall be restricted to the City' s maintenance responsibilities pursuant to this contract, and shall not create an easement on behalf of the public or the City for any purposes other than to provide such maintenance. Said right of access shall be terminated if an offer of dedication of the access area shall be accepted by the City. ARTICLE IV PROTECTION OF PROPERTY & INDEMNIFICATION 4 . 1 In exercising City' s right to maintain, City shall take all reasonable precautions to protect the private vehicle accessways and all other private property located within Village III . 4 . 2 All maintenance, including any reconstruction, performed by the City shall be done in accordance with the plans and specifications for Village III, Tract 5511, prepared by Tetrad Engineering, Inc. , and in accordance with all applicable City of Dublin specifications. The provisions of this paragraph shall not obligate the City to correct any defective workmanship or otherwise reconstruct or repair the private vehicle accessways, except as is necessary to meet the requirements under 2 . 2 above. 4 . 3 City agrees to indemnify and hold Owner and/or Association harmless from all loss, liability, claim or other damage caused by or relating to City' s negligent repair or reconstruction work on the property. ARTICLE V ASSESSMENTS 5 . 1 All reasonable costs expended by the City for labor, materials, equipment, and direct on-site supervision of repairs and/or reconstruction performed under the terms of this contract shall be paid by the Owner and/or the Association. city shall so notify the Owner and/or Association of all costs incurred by the City in performing such work. 5 . 2 In the event following a request by the City for payment, Owner and/or Association cannot or will not pay such reasonable costs, City shall have the power to assess on an equal basis each condominium (or residential unit prior to filing a condominium plan) on the property for reimbursement of such direct and reasonable costs. Any assessment so levied by the City shall be included at the City' s option, on the next succeeding Alameda County property tax bill. Such cost distributed equally to each of the condominiums shall be shown as a separate assessment along with the County ad valorem taxes and other assessments. ARTICLE VI NOTICE 6 . 1 City' s right to enter upon the private vehicle accessways to perform such maintenance shall be subject to the following requirements of Notice and Rights to Cure: (a) In the event of an emergency which threatens life or property, City shall have the right to enter upon the property to perform maintenance immediately upon giving notice to the Owner or the Association, if possible. (b) Where there is no immediate danger to life or property, City shall give 10 days ' written notice to the Owner or Association of its intention to perform maintenance. Owner and/or Association shall have three days follow- ing receipt of such notice to commence such maintenance repair and/or reconstruction and such work shall be completed within 30 days of receipt of such notice. (c) In the event that such maintenance work cannot be reasonably completed within the 30-day period, the period for completion shall be extended for so long as owner and Association are diligently pursuing corrective measures on the property. 6 . 2 Where notice is required, it shall be deemed to have been properly given three days following mailing by post pai J� registered or certified letter to the Owner and/or ZVI Association at the address indicated below: Rafanelli & Nahast�s AWL, 2.9� Pates o Dom , C-astrQ VTr±+e-y, C-A 9- - � , ARTICLE VII MISCELLANEOUS 7 . 1 In the event of any controversy, claim, litigation, dispute or arbitration of any action between the parties arising out of or resulting from this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable expenses and court costs, including without limitation, attorneys ' fees and costs. 7 . 2 Each paragraph and provision of this Agreement is severable, and if one portion is determined to be invalid, the remaining portions shall, nevertheless, remain in full force and effect. 7 . 3 This Agreement and any documents referred to herein contain the entire agreement between the parties relating to the subject matter hereof and may not be modified or amended except by written document signed by both parties. 7 . 4 This Agreement shall be governed by the law of the State of California, and any legal action instituted pursuant to this Agreement shall be brought in the California State Courts in Alameda County. RAFANELLI & NAHAS CITY OF DUBLIN Z By: Mayor V. Mar} ; Rafanelli General' Partner By: Ronald C. Nahas General Partner State of California ) ss. County of Alameda ) a') , (°�U before me, On this Cry day of �/ .�i� ��a\c� 5 � �_, the and rsi ned Notary Public, personally appeared CA C& C C personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument on behalf of the partnership therein named and acknowledged to me that the partnership executed this instrument. OFFICIAL SEAL DIANNA S STARR u NOTARYPUBLIC-CALIFORNI Notary Public ALAMEDA COUNTY MY COMM. EXP. SEPT 21,1990 State of California j ss. County of Alameda ) On this lip days of u\ ( (c` C before me, );c;. ^,�� �4 v „- the undo signed Notary Public, personally appeared \1 I,rna`k � . L ' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument on behalf of the partnership therein named and acknowledged to me that the partnership executed this instrumentW.ehs OFFICIAL SEAL SEAL ( \ •. - ) _... DIANNA S STARR TARY PUBLIC-CALIFORNIA ALAMEDA COUNTY Notary Public EXP. SEPT 21,1990 114\agree\parkw EXHIBIT "A" Village III All that real property located in the City of Dublin, County of Alameda described as follows: Parking areas and driveways located within Lot 148 , Tract 5511 filed September 19 , 1986, Map Book 163 , Pages 48 through 58 , Alameda County Records.