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HomeMy WebLinkAboutItem 4.2 Dublin Meadows Private Vehicle Access , CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: October 29, 1990 SUBJECT: Private Vehicle Aceessway Maintenanee Agreement Dublin Me.adows (LL. Construction) (Report by Public Works Director Lee Thompson) EXHIBITS ATTACHED: 1) Resolution .",}) Agreement RECOMMENDATION: ~'~AdOPt resolution FINANCIAL STATEMENT: No cost to City. DESCRIPTION: The streets within Dublin Meadows are private, and the property owner or homeowner's assocatioTI is to maintain the streets. The Site Development Review Conditions of Approval for Dublin Meadows require the developer to submit a Private Vehiele Aeeessway Maintenanc_e 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 maintenanee work on the streets. The eost of said maintenanee would be charged to the property owner or owne.rs, 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 re.eomme.nds that the City Council adopt a resolution authorizing the Mayor to execute the Agreement and directing recording of said Agreement. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-------------------------------------~~~~ )1/ ITEM NO. ~ .~OPIES TO: J.L. Construction ' diiv &otJ-30 RESOLUTION NO. —90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT WITH DUBLIN MEADOWS PARTNERS FOR DUBLIN MEADOWS, TRACT 5883 WHEREAS, the vehicle accessways within Tract 5883 are private and are to be maintained by the Owner or, upon sale of condominium units, by the Homeowner's Association; and WHEREAS, the Site Development Review approval for Dublin Meadows 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. BE IT FURTHER RESOLVED that the City Council hereby directs that the City Clerk shall record said Agreement with the office of the Alameda County Recorder. PASSED, APPROVED, AND ADOPTED this 29th day of October, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City of Dublin, City Clerk 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 Space above this line for Recorder' s use PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT TRACT 5883 Dublin, California This Private Vehicle Accessway Maintenance Agreement, executed as of the 9th day of October, 1990,. by and between Dublin Meadows Partners, A California Limited 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 Dublin Meadows, Tract 5883 , prepared by Bissel and Karn, dated July, 1989. 1. 2 The Master Declaration and Condominium Declaration provide that private vehicle accessways are common area for the benefit of owners within the individual condominium projects. 1.3 The Owner and City desire that a recorded contract, running with the land and binding subsequent owners of the property, be established providing the City with the authority to repair and/or maintain the private vehicle accessways in the event the Owner (including any successors in interest of 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 Dublin Meadows. 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 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 rights to maintain, City shall take all reasonable precautions to protect the vehicle accessways and all other private property located within Dublin Meadows. 4.2 All maintenance, construction and reconstruction performed by the City shall be done in accordance with the plans and specifications for Dublin Meadows, .Tract 5883 , and in accordance with all applicable City of Dublin standard plans. 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 . 1 above. 4 . 3 City agrees to indemnify and hold Owner and/or Association harmless from all loss, liability, claim other damage caused by or relating to City's 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 borne 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 property 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. (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 following 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 paid registered or certified letter to the Owner and/or Association at the address indicated below: Dublin Meadow Partnership c/o JL Construction Company 5966 La Place Court, Suite 200 Carlsbad, California 92008 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. DUBLIN " . I•DOWS PARTP RSHIP CITY OF DUBLIN By: 401 �A Chain D e Board Mayor Attest: City Clerk • CORPORATE ACKNOWLEDGMENT NO.202 f/r✓1l./JJ✓1JYJ.1.//!/J.. ✓!!✓l.!.f/✓//J.Yezer.i /JJ.J/lJ/',l.//JYll./J F/-ozG o/lJYI✓.,=/JYlr✓/FJ/Jl.!J!./JJl./'J1./l./lJll,` State of California On this the 9 day of October 19 90,betore me, ,S 0 SCounty of San Diego }SS. Susan Hope Tunison the undersigned Notary Public,personally appeared 0 0 o James L. Franklin `^,,{p OFFICIAL SEAL -` ]�personally known to me 0 4f ;ti SUSAN HOPE TUNISON o proved to me on the basis of satisfactory evidence 0 l �5 y`�'��NOTARY PUBLIC-CALIFORNIA l l 4"`4 LOS ANGELES COUNTY to be the person(s)who executed the within instrument as l MY COMM. EXP. NAY 17. 1911 • or on behalf of the corporation therein named,and acknowledged to me that the corporation executed it. 0 0 WITNESS my hand and official seal. 0 Notary's Signature 0 o ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. l) THIS CERTIFICATE TitleorTypeofDocument Private Vehicle Accessway Maintenano MUST BE ATTACHED Agreement S TO THE DOCUMENT Number of Pages 6 Date of Document 10/9/9 0 0 DESCRIBED AT RIGHT: Signer(s)Other Than Named Above Mayor - City of Dub 1 in 5 fJY./J.../J lJY./✓.1J 3.lJ Y.../J1.1./../l 11J.../l✓J.../.l-l�.rJl./.../1.,_,- ✓l./J.../-l./✓l./F/✓J.../././Y.!!./J'1.11./'./'1.11././../.l..././l✓1..!✓....c./l././l,I 7120 019 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304-7184 • • EXHIBIT "A" Dublin Meadows All that real property located in the City of Dublin, County of Alameda described as follows: Parking areas and driveways located within Lot 1, Tract 5883 filed April 30th, 1990, Map Book 190, Pages 50 through 55, Alameda County Records.