HomeMy WebLinkAboutReso 131-24 Item 5.5 Approving the Agreement for Long Term Encroachment for Landscape Features withDocusign Envelope ID: 65641EF4-8A37-4E9A-9F74-856A54D024CB
RESOLUTION NO. 131 — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH TRACT 8677, PA-4 THE DC (DUBLIN CENTRE)
WHEREAS, a Vesting Tentative Map for Tract 8677, The DC (Dublin Centre) was approved
by Planning Commission Resolution No. 24-02 on February 13, 2024, with Conditions of Approval;
and
WHEREAS, said Conditions of Approval required the developer to construct project -related
landscape features 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 Landscape Features" for the maintenance of said landscape
features; and
WHEREAS, the developer has executed and filed with the City of Dublin Tract Improvement
Agreements to construct the required tract improvements, including said landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for
Long Term Encroachment for Landscape Features for Tract 8677, PA-4 The DC (Dublin Centre),
attached hereto as Exhibit A, which will be recorded against the property concurrently with the
Tract 8677 Final Map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement for Long Term Encroachment for Landscape Features for Tract
8677, The DC (Dublin Centre), attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A and make any necessary, non -substantive changes to Exhibit A to carry out the intent
of this Resolution.
{Signatures on the following page}
Reso. No. 131-24, Item 5.5, Adopted 11/19/2024 Page 1 of 2
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PASSED, APPROVED AND ADOPTED this 19th day of November 2024, by the following
vote:
AYES: Councilmembers Hu, Josey, Qaadri, Thalblum and Mayor McCorriston
NOES:
ABSENT:
ABSTAIN:
ATTEST:
p-DocuSigned by:
14/(
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Reso. No. 131-24, Item 5.5, Adopted 11/19/2024 Page 2 of 2
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Exhibit A to the Resolution
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 WITH TRACT 8677,
PA-4 THE DC DUBLIN CENTRE
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH TRACT 8677 ("Agreement") is made between the City of Dublin ("City")
on the one hand, and Landsea Homes of California LLC, a Delaware limited liability company
(the "Contractor"), and KL LB BUY 2 LLC, a Delaware limited liability company (the
"Owner"), on the other hand.
1. Property: The subject property is Tract 8677 as filed in Book of Maps at
Pages , in the Official Records of the County of Alameda, State of
California ("Property").
2. Owner: Owner is the owner of Tract 8677, PA-4 The DC Dublin Centre
("Project").
3. Contractor: Owner has contracted with Contractor to construct various
infrastructure and related improvements consistent with Vesting Tentative Tract
Map and Improvement Plans for the DC Dublin Centre Tract 8677, including the
Landscape Features (as defined below).
4. Landscape Features: Owner or Contractor, as part of the Project, anticipates the
construction of Project related landscape features within the City's rights of ways
on the following public streets fronting Tract 8677: Tassajara Road, Gleason
Drive, and Brannigan Street (collectively, the "Landscape Features").
Construction details for these Landscape Features are shown on the following
plans:
a. Improvement Plans, Tract 8677 — DC Dublin Centre (PA-4), prepared by
Ruggeri -Jensen -Azar, approved by the City Engineer on ; and
b. Landscape Improvement Plans for Dublin Centre Phase I — On -Site PA-4,
prepared by Roach & Campbell, approved by the City Engineer on
; and
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c. Excerpts from Improvement Plans, Tassajara Road, Gleason Drive, Central
Parkway, Dublin Boulevard, and Brannigan Street limited to the Tract 8677
frontage, prepared by Ruggeri -Jensen -Azar, approved by the City Engineer on
; and
d. Excerpts from Landscape Improvement Plans for Dublin Centre Off -Sites
limited to the Tract 8677 frontage, prepared by Roach & Campbell, approved
by the City Engineer on
The scope of the improvements covered under the agreement is shown on the
attached Exhibit "A". For avoidance of doubt, the parties agree that Owner and
Contractor are each separately obligated to construct, operate and maintain the
Landscape Features in accordance with the provisions of this Agreement.
"Developer", as used herein, is the person that actually constructs, operates and
maintains the Landscape Features.
5. Encroachment Permit: Developer 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 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 the encroachment permit, the
provisions of this Agreement shall prevail over the conditions of the
encroachment permit.
6. Ownership: Owner shall own all special Landscape Features, including but not
limited to sidewalk, plantings, irrigation, street trees, etc.
7. Operations and Maintenance: Developer shall maintain and repair all the
Landscape Features, including all frontage landscape plantings, irrigation,
sidewalks, street trees, stormwater treatment, and decorative/stamped pavement
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. Developer 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 Services 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 Services 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 in the public
right of way.
8. 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 to another location within the Property, at its sole cost. If
any of the Landscape Features are relocated, the City, Owner, and Contractor will
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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.
9. Insurance: Developer 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 shall name the City as an
additional insured.
10. Indemnification: Developer 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,
directly arising from the negligence, gross negligence or willful misconduct of
Developer arising out of Developer's construction, maintenance or operations of
the Landscape Features unless caused by the negligence, gross negligence or
willful misconduct of the City, its agents, contractors or employees.
11. Permanent: The Landscape Features and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity and are appurtenant to the
Property.
12. Right to Assign: Following the completion of the construction and installation of
the Landscape Features, Owner and Developer may assign any or all of their
rights, interests and obligations arising under this Agreement to the Homeowners'
Association for Tract 8563 or to a successor in interest of Owner (including
Contractor) with respect to all or a portion of the Project; provided, however, that
no such assignment of the 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.
13. 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 any successors in ownership and title.
14. 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), upon delivery if given by electronic mail (email) 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:
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City:
City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833-6651
Attn: City Manager
Owner:
KL LB BUY 2 LLC, a Delaware limited liability company
Attn: Nathan Holt
Email: nathan.holt@klservicers.com
6900 E. Camelback Road, Suite 800
Scottsdale, AZ 85251
Contractor:
Landsea Homes of California, LLC, a Delaware limited liability company
Attn: David J. Mello Jr.
Email: dmello@landseahomes.com
3130 Crow Canyon Place, Suite 325
San Ramon, CA 94583
With a copy to:
Landsea Homes of California LLC, a Delaware limited liability company
Attn: Trever Potter
7525 Irvine Center Drive, Suite 200
Irvine, CA 92618
15. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
16. 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
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
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17. 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.
18. 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 , 202_.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
City Manager
Name:
CONTRACTOR:
LANDSEA HOMES OF CALIFORNIA LLC,
a Delawe`limited liability company
B
Name: David J. o Jr.
Title: Vice Pre ident
Dated: 0(J(t\:i r 1Q / tip2.4
OWNER:
KL LB BUY 2 LLC,
a Delaware limited liability company
By:
Name:
Title:
Nathan Holt
Authorized Signatory
Dated: 0C,arp\pJ,( -"\- \ aC'a\
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AGREEMENT FOR LONG TERM ENCROACHMENT - FOR LANDSCAPE FEATURES WITH TRACT 8677, PA-4 THE DC DUBLIN CENTRE
STATE OF ARIZONA )
COUNTY OF MARICOPA )
I, Julie Gillett, a Notary Public in and for the County and State aforesaid, do hereby certify that
Nathan Holt, Authorized Signatory of KL LB BUY 2 LLC, personally appeared before me this day
and acknowledged that due execution of the foregoing instrument on behalf of the limited liability
company.
Witness my hand and seal the 7th day of October , 2024.
JUUE GILLETT
Notary Public - State of Arizona
MARICOPA COUNTY
Commission # 835441
Expires August 05, 2028
Notary Public
My Commission Expires: 08/05/2026
Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of CQy f cad{-O
On Oc-o -ev10jZ02.1-1 before me, La rgV4 CrcoV'l(I,1\10-tPUbclL
(insert name and title of the officer)
personally appeared µnv1(1 J M'eitog.
who proved to me on the basis of satisfactory evidence to be the person(a) whose name(,b` is are
subscribed to the within instrument and acknowledged to me that9she/they executed the same in
er/their authorized capacity(ii5), and that by'her/their signature() on the instrument the
person(p', or the entity upon behalf of which the person(p acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ADA&v
(Seal)
LAUREN SNASHALL
if Notary Public - California
Contra Costa County
° Commission N 2431747
My Comm. Expires Dec 20, 2026
Docusign Envelope ID: 65641 EF4-8A37-4E9A-9F74-856A54D024CB
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