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Home My WebLink AboutReso 36-06 Long Term Enroachments Sorrento RESOLUTION NO. 36 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * . ~ . . APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACTS 7641, 7642, 7643, 7644 AND 7645 WHEREAS, a Vesting Tentative Map for Tract 7641 and Site Development Review for Sorrento at Dublin Ranch was approved by Planning Commission Resolution 05-52 on September 13th, 2005, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the Developer, Sorrento at Dublin Ranch T, L.P., to construct project-related landscape features within the public rights-of-ways; and WHEREAS, said Conditions of Approval required the Developer, Sorrento at Dublin Ranch T, L.P., to enter into an "Agreement for Long-Term Encroachment" for the maintenance oftbe landscape features; and WHEREAS, the Developer has executed and filed with the City of Dublin a Tract Improvement Agreement to improve 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 with Tract 7641, 7642, 7643, 7644 and 7645 attached hereto as Exhibit "A": NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk ofthis City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 4th day of April, 2006, by the following vote: AYES NOES' ABSENT Councilmembers Hildenbrand, McCormick and Zika, and Mayor Pro Tern Oravetz None Mayor Lockhart ~ /rMij CL..4 Mayor Pro 1 m ABSTAIN None ATJ: _ J~ RCSO No. 36..06, Adopted 4/4/06, Item 4.2 Page 1 ofl Recording Requested By: CITY OF DUBLIN When Rccurded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee W"ived per GC' 273R3 AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACTS 7641, 7642, 7643, 7644 and 7645 THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 7641, 7642, 7643, 7644 and 7645 ("Agreement") is made between the City of Dublin ("City") and Sorrento at Dublin Ranch T, L.P ("Sorrento"). 1. Property: The subject property is Parcels 6 and 10 of Tract 7281 as filed m Book 277 of Maps at Pages 82-8R, in the Official Records ofthc County of Alameda, State of California. 2. Developer: Sorrento at Dublin Ranch T, L.P is the developer of Tracts 7641, 7642, 7643,7644 and 7645 (the "Sorrento at Dublin Ranch Project"). 3. Landscape Features: Sorrento, as part of developing the western portIOn ofthelT Sorrento at Dubhn Ranch Project, will bc constructing project related landscape features WIthin tbe City's rights of ways on Brannigan Street (east side), Aviano Way, Palermo Way, Capoterra Way, Perugia Street, Rimini Lane, Rimini Court, Monta1cino Street, Mirano Court, Grafton Street (west side and median), Gleason Drive (south side) and Central Parkway (collectively, tbe "Landscape Features"). The specific location and description of these project related Landscape Features are shown on the attached Exhibit A. Construction details for these Landscape Features are shown on the Sorrento, Landscape Plans prepared by Vander Toolen Associates, approved by the City for Tracts 7641, 7642,7643,7644 and 7645 4. Encroachment Permit: Sorrento shall apply to the City for an encroachmcnt permit for work to be performed pursuant to this Agreement. The City must grant the encroacbment pennit for all work to install, operate and maintain the Landscape Features lInprovements and all the conditions imposed by the City must be consistent with the provisions oftlus Agreement. Tftbere is a cunflict between any provisions of this Agreement and the encroachment permit, the prOVISIOns ofthls Agreement shall prevail over the conditions of the encroachment permit. 5. Ownership: Sorrento shall own all special Landscape Features, including but not limited to fountains, arches, monuments, etc., as proVided in Exbibit A. fl. Ooerations and Maintellallce: Sorrento shall maintain and repair all the Landscape Features improvements in a safe manner consistent with the approvcd plans to the reasonablc satisfaction of the City at its sole cost and expense, including electric 1 power and water cost. Sorrento will maintain all their frontage, median and island landscape plantings, and irrigation, sidewalks, and Landscape Features structures and decorative paveinent within the public right of way, except for the medians in Gleason Drive, Central Parkway and Brannigan Street, which will be maintained by the City at City's sole cost. Sorrcnto will be responsible at its sole cost to rcplacc or repair any Landscape Feature, mc1uding decorative pavement, damaged or removed during the mamtenance 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, Dublm 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. 7. Removal or Relocation: If future improvements proposed by tbe City conflict with any ofthe Landscape Features Improvements, tbe City may reasonab~y remove or reasonably relocate the Landscape Feature at its sole cost. If any of the Landscape Features is relocated, the City and Sorrento will execute a modification to this Agreement to reflect the maintenance and operatIOns at lls new locabon. PrOVIded, however, the City is under no obligation to relocate any of the Landscape Features. 8. Insurance: SOITento shall obtain and maintain in effect a combined single limit policy ofliability insurance not less than one million dollars covering the Landscape Features improvements and shall name the City as an additional named insured. 9. Indemnification: Sorrento shall indemmfy, defend and bold 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 ofSorrcnto'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. 10. Permanent: The Landscape Feature and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, are appurtenant to the Property 11. Ri!!ht to Assi!!n: Sorrento may assIgn any or all rights, interests and obligatIOns of Sorrento arislUg under this Agreement to the Homeowners' Association for SOITento at Dublin Ranch (West); provided, however, that no such assignment of Sorrento's rights interests and obligations under this Agreement shall oecur without prior written notice to the City and approval by the City Manager, wbich approval shall not be uilleasollably WIthheld, conditioned or delayed. 12. Successors and Assi!!ns: 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 "Sorrento" m llus Agreement shall be deemed to refer to and include SOITento and all successors and assigns of SOITento including the Homeowners' Association for Sorrcnto at Dublin Ranch (West). 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 deomed 2 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 SOITento SOITento at Dublin Ranch, I, L.P 100 Park Place, #140 San Ramon, California 94583 Fax No. (925) 855-9927 Attn: Jon Paynter 14. Exhibits: All exhibits attached to this Agreement <lte incorporated heroin as though they were set forth in full body of this Agreement. 15. Partial Invallditv. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shali continuc 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 oftbe invalid or unenforceable provision. 16. Entire Aereement. This Agreement contains the enure agreement and understanding ofthe parties with respcct to thc subject matter hercof 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 counterplllts, taken together, shall constitute one and the same instrument. Dated this day of ,2006. CITY: THE CITY OF DUBLIN, a municipal corporation DEVELOPER: Sorrento at Dublin Rancb I, L.P., a California limi artnership By BY' Name: Name: Title: Title: S ?","IU. ~fl.!eS"()f:....!.\ 3 LffiENIl :moo: mY OWNI!D ANDMASIEJ. 8DJL l.WNlAmII SOF15CAE'E r. ~:-<I arrOW}fi:l,uml.lA91ERBOA.tW!I"'TAINED~ ~ FUJE:31lIIANARCEIWAY * I'EtASTER.!.ST.....rw.u . crmAINERrniIi.lP1I.MTEll. @ RIm)'IJ.N!l>. --- 'I cnrrAllml1lll!. ........0 \ 0 P!l.Ima SJATI.IAI:'f_y'- ..~ -', , , , , , \ " \ \ , --- --- ..----- ------ ------ ..---::: ~ ---------= \ \ \ , \ \ \ " " \ \ ------ ~ --- NEIGHBORHOOD 5 ...r- """""'0 -----+- !IAl\lIJll' RECREATION FACILITY NE!OHBORHOOD 1 PUBllC PARK ___ """'.:00 ....... "'_I-I~_ SORRENTO " DuHllII Jllrl Dublill, Caltfumia AREA f WEST "ToO '21.l vtD..1i' .e. ~ '" ~ ....Il..... ~-=-= -- C.ll.1