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Home My WebLink About4.05 TassajaraCreekPh1 CITY CLERK File # D[llJO]OJ-~~ )to (õOO- 30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 15,2005 Acccptancc of Improvements for Tract 7075 (Tassajara Creek Phase I - Greenbriar by GHC Investments, LLC), and Approval of Access and Maintenance Agreemcnt with Tassajara Creek Maintenance Association for Landscape Maintenance of Alameda County Flood Control - Zone 7 (Zone 7) Creek Parcels Report Prepared by: Mark Lander, City Engineer SUBJECT: ATTACHMENTS: 1) 2) RECOMMENDATIONJ 1) " l3 3) Resolution Accepting Improvements for Tract 7075 and Approving Regulatory Traffic Control Devices Rcsolution Approving Access and Maintenance Agreement witb the Tassajara Creek Maintenance Association for Landscape Maintenance of Zone 7 Parcels, together with Exhibit "A", Access and Maintenance Agreement Vicinity Map 2) Adopt the Resolution accepting improvements associated with Tract 7075 (Tassajara Creek Phase 1 - Greenbriar), and approving the regulatory traffic control devices. Adopt the resolution approving the Access and Maintenance Agreement between the City and the Tassajara Creek Maintenance Association for maintenance of landscaping within Zone 7 creek parcels. GHC Investments, LLC, has provided a Maintenancc Bond in the amount of $919,923 to guarantee against defects for one year. Once these improvements have been accepted, the City will incur maintenance and street sweeping costs for Creekview Drive, Maymont Court, Maymont Lane, Somerset Lane, Tassajara Road, and thc Tassajara Creek Regional Trail. The street light maintenancc costs will be paid by Street Lighting Maintenance Assessment District 1999-1. FINANCIAL STATEMENT: AU other internal streets (Bamslcy Place, CaUaway Place, Cascade Creek Lane, Chadwick Place, Chanterel1e Placc, Cragford Place, hmiswood Place, McCreUis Place, Mt. Vernon Place, Old Wcstbury ~ - - - - - - - - - - - - - - - - - - - - - - - - - - ~ ~ - - - ~ ~ - - - - - - - - - - - - - - - - - - - ~ - - - ~ - - - - - G:\DEV BI..oP\CJrCCl1briar@TSS!iajara Crcek\Agslacpt_7075.dùc COPIES TO: Patrick Costanzo Jr., GHC Investments IOb~ ITEMNO.~ tI Way, Skyland Way, Tryon Place, Verdin Place and Waterperry Place), utilities and landscaping are private and wil1 be maintained by the Riva at Tassajara Creek Homeowner's Association. Landscaping in the public right-of-way and within property owncd by Zone 7 will be maintained by the Tassajara Creek Maintenance Association. DESCRIPTION: GHC Investments, LLC, recently completed the improvements associated with Tassajara Creek Phase I (Tract 7075), a subdivision located in eastern Dublin west of Tassajara Road. The work was governed by a Tract Developer Agreement executed on April 3, 2001, via City Council Resolution No. 48-01, as previously amended via City Council Resolution No. 52-03 on April 1,2003, and further amended via City Council Resolution No. 63-04 on April 20, 2004. Since the improvements have bccn constructed pursuant to the Tract Developer Agrecment and to the satisfaction of the Public Works Director, it is appropriate for the improvements to now be accepted by the City for permanent maintenance. The following regulatory traffic control devices wil1 be accepted and approved as part of this proj ect and added to the City of Dublin Traffic Code: A. Creekview Drive is designated as a "Through Street". B. "No Parking Anytime" restriction on both sides of Somerset Lane between Creekvicw Drive and Tassajara Road. C. "No Parking Anytime" restriction on the west side of Tassajara Road between the northerly and southerly tract boundaries. D. Stop control devices on the northerly approach of Creckview Drive at Somerset Lane. E. Stop control devices westerly approach of Somerset Lane at Creekview Drive. F. Stop control devices on the easterly approach of Maymont Court at Crcekview Drive. G. Stop control devices on thc northwesterly and southwesterly approaches of Maymont Lane at Creekview Drive. At the time that the City and GHC Investments, LLC, executed the Tract Developer Agreemcnt, the developer provided a Performance Bond in the amount of $3,967,690 and a Labor and Materials Bond in the amount of $1,983,845 to guarantee performance of the work. Now that the work is complete, these bonds may be released in accordance with the authority contained in §66499.7 of the Government Code, and replaced with a Maintenance Bond in the amount nccessary to guarantee the work for a one-year period following acceptance. The developer has provided a Maintenance Bond in the amount of $991,923, which is sufficient to guarantee the improvements for a one-year period after acceptance. As part of the tract improvcments, landscaping and stream restoration planting was installed on Parcels C, D, and E, which have been dedicated to Zone 7 for flood control purposes. A proposed Recreational Use License Agreement for use of Zone 7 property for trail and landscaping purposes appears as a scparate item on this agenda. The City will maintain the trail and will transfer maintenance of the landscaping to the Tassajara Creek Maintenancc Association via an access and maintenance agreement. Staff recommends that the City Council 1) adopt the Resolution accepting the improvements associated with Tract 7075 (Tassajara Creek Phase I - Grecnbriar), and approving the regulatory traffic control deviccs, and 2) adopt the Resolution approving the Access and Maintenance Agreement betwecn the City and the Tassajara Creek Maintenance Association for maintenance of landscaping within Zone 7 crcck parcels. Page 2 ~ d.. I Db" RESOLUTION NO. - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTANCE OF IMPROVEMENTS FOR TRACT 7075 (TASSAJARA CREEK PHASE I BY GHC INVESTMENTS, LLC) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES WHEREAS, the subdivider of Tract 7075, filed on April 18, 2001, in Book 257 of Maps at Pages 47 - 61, previously entered into a Tract Developer Agreement with the City of Dublin to improve said Tract in accordance with plans and specifications on file with the Public Works Director, said Tract idcntified as follows: a) Developer; b) Tract Location: c) Tract Size: d) Resolution Approving Agreement: e) City Streets Affected: GHC Investments, LLC West ofTassajara Road 126 Single-Family Lots No. 48-01, City of Dublin City Council Creekview Drivc, Maymont Court, Maymont Lane, Somerset Lane and Tassajara Road WHEREAS, the Tract Developer Agreement was previously amended via City Council Resolution No. 52-03 on April I , 2003, and via City Council Resolution No. 63-04 on April 20, 2004; and WHEREAS, the Improvements associated with Tract 7075 are complete in accordance with said plans and specifications, and any approved modifications thereto, to the satisfaction of the Public Works Director; and WHEREAS, the developcr has installed certain regulatory traffic control devices as part of the Tract improvements; and WHEREAS, the original Performance Bond and Labor and Materials Bond that guaranteed the Street Improvements can be released, in accordance with thc authority contained in §66499. 7 of the Government Code of the State of California, and replaced with a Maintenance Bond to guarantce thc completed work for a onc-year period following acceptance; NOW, THEREFORE, BE IT RESOLVED that: 1. The improvements completed within said Tract are hereby approved and accepted subject to a one-year guarantee period. 2. The traffic regulatory devices installed by the developer arc hcreby included in the City of Dublin Traffic Code, said regulatory devices to include the fol1owing: a) Creekview Drivc is dcsignated as a "Through Street" (Traffic Code Chapter 6.08). b) "No Parking Anytime" restriction on both sides of Somerset Lane between Creekview Drive and Tassajara Road (Traffic Code Chapter 6.04.250). 2. -15 -D6 +.5 1 ATTACDT /. .:< "'öO¡ c) "No Parking Anytime" restriction on the west side of Tassajara Road between the northerly and southerly tract boundaries (Traffic Code Chapter 6.04.250). d) Stop control devices installed on the northerly approach of Creekview Drive at Somerset Lanc (Traffic Code Section 6.16.020). e) Stop control devices installed on the westerly approach of Somerset Lane at Creekview Dri.ve (Traffic Code Section 6.16.020). t) Stop control devices installed on the easterly approach ofMaymont Court at Creekview Drive (Traffic Code Section 6.16.020). g) Stop control devices installed on the northwesterly and southwesterly approaches of Maymont Lane at Creekview Drive (Traffic Code Scction 6.16.020). 3. The original Performance Bond issued by Developers Surety and Indemnity Company (Bond No. 8664018) in the amount of $3,967,690 be released; and 4. The original Labor and Material Bond issucd by Developers Surety and Indemnity Company (Bond No. 8664018) in the amount of $1 ,983,845 be released; and 5. The submitted Maintenance Bond issued by Developer's Surety and Indemnity Company (Bond No. 86640lS) in the amount of $991,923 be accepted as security for the aforesaid one-year maintenance period, said period to commence on this date and terminate on the 15th day of February, 2006. PASSED, APPROVED AND ADOPTED this 15th day of February, 2005. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOP\Grccnbriar@Ta5sajara Cr¡::~k\resoacpt~ 707S.doc 2 RESOLUTION NO. - 05 3rt~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING ACCESS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE TASSAJARA CREEK MAINTENANCE ASSOCIATION RELATING TO A SEGMENT OF THE T ASSAJARA CREEK REGIONAL TRAIL BETWEEN CASTERS ON DRIVE AND SOMERSET DRIVE WHEREAS, Alameda County Flood Control - Zonc 7 (Zone 7) and the City of Dublin prcviously entered into a License Agreement on March 18, 1987, as authorized by City Council Resolution No. 15-87, allowing the City the use ofccrtain flood control channel properties owned by Zone 7 for park and recreational purposes, including trails and landscaping; and WHEREAS, said license agreement was replaccd by a new agreement entitled Recreational Use License Agreement (the "License Agreement") datcd February 15, 2005, as authorized by City Council Resolution No. _05; and WHEREAS, the License Agreement adds a new segment of the Tassajara Creek Regional Trail, from a point 1,300 feet north of Gleason Drive to Somcrset Drive to the channel properties governed by the License Agreement, said segments being more precisely described as Parcels C, D, and E (APN's 986-030-001, 986-029-006 and 986-29-007) of Tract 7075 ("Parcels") recorded on April 18, 2001, in Book 257 of Maps at Pagcs 47-61, Official Records of Alameda County; and WHEREAS, Zone 7 will consider an offer of dcdication of the Parcels for flood control purposes at its Board meeting of February 16, 2005; and WHEREAS, the Tassajara Creek Maintenance Association ("Association") was formed to maintain, among other improvements within Tract 7075, landscaping, irrigation and a concrete rail fence ("Landscaping") within the Parcels; and WHEREAS, the City desires to retain control of trail maintenance and transfcr maintenance of the Landscaping to the Association; and WHEREAS, thc License Agreement specifically allows the City to transfer and assign the rights and obligations under the License Agreement to the Association; and WHEREAS, the City and the Association desire to enter into an access and maintenance agreement for the parcels, defining the Association's obligation to perform maintenancc and repair ofthe Landscaping; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve thc Access and Maintenance Agreement between the Tassajara Creck Maintenance Association and the City of Dublin, attached hereto as Exhibit "A". 1 ATrACDT 2. 4t/l BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this Resolution, along with duplicate executed copies of the Acccss and Maintenance Agreement to the Association for the Association's Board approval and processing. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 15th day of February, 2005. AYES: NOES: ABSENT: ABST ATN: Mayor ATTEST: City Clerk (ì:\LJEVELOP\Grt:enbriar@Tassajara Cl'cck\rcso ~CCCIi~ and mHìnt~mmce Agmt w TCMA, 2~OI-05.doç 2 5lfJD[ ACCESS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE TASSAJARA CREEK MAINTENANCE ASSOCIATION RELATING TO A SEGMENT OFTHE TASSAJARACREE;K REGIONAL TRAIL BETWEEN CASTERSON DRIVE AND SOMERSET DRIVE THIS ACCESS AND MAINTENANCE AGREEMENT is dat,.d for reference this 15th day of February, 2005 by and between the City of Dublin. a California rnunicipal' corporation ("City"), and the Tassajara Creek Maintenance Association, a California nonprofit mutual benefit corporation ("Association"). RECITALS A. The City and Zone 7 of J),lameda County Water and Conservation District. a body corporate and politic. ("Zone 7") are parties to a license agreement entitled Recreational Use License Agreement, dated February 15. 2005 ("the License Agreement" <¡s defined below). The License Agreement grants the City a license over certain property, shown as, Exhibit B-6 of the License Agreement ("the Creek Parcel" as defined below). and owned by Zone 7 within the City for the purposes of maintaining a public recreational trail. The License Agreement is attached as Exhibit A. B. Section 7(a) Of the License Agreement requires the City to cause certain improvements within the Creek Parcel to be maintain~d in an orderly, safe and sanitary manner at all times. C. The Association was formed to maintain a precast concrete wall, certain iandscaping and an irrigation system located with}n certain property owned by the City that abuts Tassajara Road, and a stream and restoration area and possibly a trial, if not maintained by others, located adjacent to Tassajara Creek within property owned by Zone'? The members of the Association are the owners of homes adjacent to or in the vicinity of areas maintained by the Association, D. The City has determined that it. and not the Association will operate and maintain the trail on the 'Creek Parcel but that the Association will maintain certain ,landscaping and other improvements on the Creek Parcel. E, The purpose of this Agreement is to state the Association's obligation to perform maintenance and repair of certain landscaping, irrigation system ana a concrete raii fence on property owned by Zone 7, pursuant to Article 3:1(i) of the Maintenance CC&Rs. and to provide agents of the Association with the necessary access rights over properties owned by Zone 7 in order to maintain and repair the Creek Parcel Improvements. NOW, THEREFORE, the parties agree as foliows: Section 1. Definitions. All capitaliz"d terms that are not defined in this Sublicense Agreement shall have the meanings ascribed to them in the License Agreement. a. Agreement. ,This Access' and Maintenance Agreement b. Association. The Tassajara Creek Maintenance Association. a California nonprofit mutual benefit corporation. ' c. City. The City of Dublin. d. Creek Parcel. Certain property owned by Zone 7 and over which the City has a license to maintain a public recreational trail pursuant to the License AgreelJ1ent, shown as Exhibit B-6 of the License Agreement and more specifically Parcels C, D and E of Tract 7075, recorded on April 18, 2001, 732579.1 DIT A 1P/lf:{Î st Book 257 of Msps, pages 47-61 in the records of Alsmeds County snd sny sdditionsl psrcels thst may be included under any smendment to this Agreement. e. Creek Parcel Improvements. The Isndscaping, irrigstjon system and concrete rail fence on the Creek Parcel as shown in the Improvement Plans entitled Tsssajsra Creek Phsse I, Trsct 7075, Lsndscape Plans, sheets 1-27, prepared by Thomas Baak and Associates, dated February 14, 2002 and Tassajara Creek Phase II, Tract 7279, Landscape Plans, Sheets 1-19, prepared by Thomas Baak and Associates, dated August 12, 2003. The Creek Parcel Improvements shall not include the trail within the Creek Parcel. f. Maintenance CC&Rs. The Tsssajsra Creek Msintensnce Association Declarstion of Restrictions (CC&Rs) recorded On December 28. 2001 as Instrument No. 2001505671 in the records of Aiameda County, California and any amendments thereto. g,. and politic. Zone 7. Zone 7 of Alameda County Wster and Conservstion District. s body corporate Section 2. Access. Pursuant to the City's authority under Section l.a of the License Agreement, the Association has the right to access the Creek Parcel in, order for the agents of the Association to inspect, maintain. clean, repair, and/or replace the Creek Parcei Improvements. Association aCknowledges that. unless otherwise set forth in this Agreement, all of the covenants of the City contained in the License Agreement applicable to the Creek Parcel Improvements are binding On the Association ss though it were the City. Should the terms and conditions of this Agreement conflict or be inconsistent with the terms and conditions of the License Agreement, the terms of the License Agreement shall prevail. Section 3.. .", ·-Maintenance and Operations. a. Maintenance. The Association shall maintain the Creek Parcel Improvements in accordance with the Maintenance CC&Rs, in particular in accordance with the requirements of Article 3 of the Maintenance CC&Rs. b. Assessments. The Association shall levy and collect assessments from its members as required under Maintenance CC&Rs in order to secure the necessary funds to perform its maintenance and repair duties under Section 3a of this Agreement. c. City Enforcement Rights. If the Association fails to perform the maintenance. required under Section 3.a of this Agreement and Articie 3.1 of the Maintenance CC&Rs, the City may, but shall not be obligated to. perform such maintenance. On demand, the Association shall immediately reimburse the City all costs incurred by the City in performing the maintenance, inciuding reasonable overhead costs incurred by the City in performing the maintenance and other such costs in connection therewith. The Association. if necessary, immediately shall levy, collect and enforce necessary assessments against the lot owners to recover the necessary funds to reimburse the City, pursuant to Article 3.4 of the Maintenance CC&Rs. d. Improvements requirements. Landscaping and Weed Abatement. Association will keep the Creek Parcel free from weeds and ,other vegetation in accordance· with City weed-abatement e. Trash Colleçtion. Associstion will keep the Creek Parcel Improvements free from trash and other refuse. f. Vandalism. Association shall, at its own expense, promptly repair all damage to the Creek Parcel Improvements, and to existing and future utilities on the Creek Parcel Improvements caused by users of the Creek Parcel. 732579.1 February 15. 2005 2 19J4 Section 4. Term. The term of this Agreement shall remain in effect until such time as the License Agreement is terminated or nO longer effective. Notwithstanding the foregoing, if the License Agreement is terminated or becomes ineffective, the Association's obligations under Section 3 of this Agreement shall survive termination of this Agreement but shall be suspended until such time as the City has sufficient rights to grant the Association the right of access to the Creek Parcel. If the City subsequently acquires rights over the Creek Parcel sufficient to allow the City to grant the Association the right to access the .Creek Parcel for the purpose of maintaining the Creek Parcel Improvements, the Association shall enter into a commercially reasonable amendment to this Agreement or a subsequent Agreement that would authorize the Association enter onto the Creek Parcel for the purposes of maintaining the Creek Parcel Improvements and that would again obligate the Association to maintain the Creek Parcel Improvements. Section 5. Zone 7's Title and Superior Rights. Association acknowledges Zone Ts title in and to the Creek Parcel and agrees not to assail or resist Zone 7's title. Association further acknowledges that its rights to use the Creek Parcel are subordinate to the City's uses of the Creek Parcel. Association also acknowledges the City's right to suspend, limit, and revoke the Association's use of the Creek Parcel, upon written delivery of written notice of suspension, limitation or revocation to an authorized agent of the Association. Should its right to use the Creek Parcel be suspended, limited, or revoke, Association agrees that any costs associated with the Association's inability to use the Creek Parcel shall be borne solely by the Association. Section 6. Indemnification. Association shall indemnify, defend, protect and hold Zone 7 and the City harmless from and against all ciaims by reason of any injury to or death of any person and damage to any property, of any kind whatsoever arising out of. resulting from, or in any way related to the acts or omissions of Assodation. its board of directors, officers or employees, arising out of this Agreement Section 7. Insurance. The Association shall maintain the insurance required under Section 6.1 of the Maintenance CC&Rs. Notwithstanding the foregoing. if requested by. the City in writing, the Assodation shall increase the coverage amounts by an amount necessary to equal the coverage amounts required of the City by Section 12 of the License Agreement The Association shall name the City and Zone 7 as additional insureds, and upon request from the City, which may be made from time to time, submit to the City insurance certificates confirming that the required insurance is in place. Section a. Miscellaneous. a. Amendment<¡. This Agreement may be amended fr'om time to time with the written consent of the parties. For purposes herein. the Board of Directors of the Association shall have full power and authority to consent and approve any amendment on þehalf of ttie Assodation and the consent of the members of the Association shall not be required unless specifically required by operation of law or by the Maintenanèe CC&Rs. Any amendment shall be effective when signed by authorized agents of the respective parties and recorded in the records of Aiameda County, California. b_ Assignment. The Association may not transfer or assign any of its rights or duties under this Agreement without the prior written consent of the City and Zone 7, which consent may be granted or withheld in their sole discretion. . c. Entire Agrljeme~t and Amendments. This Agreement and the exhibits attached hereto represent the entire agreement between the parties in connection with the subject matter contained herein: and this Agreement supersedes and repiaces any and all prior and contemporaneous agreements, understandings and communications between the parties, whether oral or written, with regard to the subject matterhereof. This Agreement may not be modified or amended except in a writing signed by the parties bound by this Agreement. d. Attorneys 'fees. If any party named herein brings an action or proceeding to enforce the terms hereof or declare rights hereunder. the prevaiiing party in any such action (or proceeding), on trial 732579.1 February 15, 2005 3 or appeal. shall be entitled to reasonable attorneys' fees to be paid by the losing party as fixed by the Court (or if applicable, the arbitrator). e. Counterparts. This Agreement shall be executed in counterparts, and all counterparts shall be as one Agreement. Section 9. Notices. All notices or other writings required to be presented by this Agreement shall be deemed to have been made when deposited in the United States mail, registered or certified, postage prepaid, and addressed as follows: City of Dublin: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Tassajara Creek Maintenance Association: Section 10. Exhibits. The following exhibit is attached hereto and made part of this Agreement by this reference: Exhibit A. Recreational Use and License Agreement between the City of Dublin and Zone 7 Water Agency, dated February 15, 2005. IN WiTNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CITY OF DUBLIN TASSAJARA CREEK MAINTENANCE ASSOCIATION ~~\ By: Its Mayor ATTEST: City Clerk APPROVEO AS TO FORM: City Attorney 732579.1 February 15. 2005 4 '3/if) "r ALL-PURPOSE ACKNOWLEDGMENT r· ~.----.~..-.. ~.---.~.~.~.~.~.----..-...---.---.---. -.-.., State of cali. fo.rnia } . County of J{~d t( 55. t On f~, 'I, j-.V1J S before me, ¡V(A12-Y ;4-. If;,f-IJCO ,u,'"tfY-/V Fu6i-;c, t (DATE.) I' (NOT'ARY) -----r . personally appeared Pkr'r¿i-c(í::- C!5S'Í,>-YÞo.,' a:>e....- t SIGNeR(S} ~personallY known to me - OR- 0 e 0 e sa t.· ( - ~ to be the person(l1 whose narne(M is/_ subscribed to the within instrument and t acknowledged to me that he/shBitllÐY executed · thc same in his/här,'taeir authorized t capacity~), and that by his/her/their t. signatureWon the instrument the person(s), or the entity upon bchalf of which the t· person~ acted, executed thc instrument. i i i i . t i i i o PARTNER(S) t o ATrORNEY-IN-FAC'r f¡sUJt.. o TRUSTEE(S) ~._-,... NUMBER OF PAGES i o GUARDIAN/CONSERVATOR ¡ t 0 OTHER: ..,_~__~_~. i DATifõ¡; DOCÚMENT i i SIGNER IS REPRESENTING: i t* NAMB OF P8R'sON(S)' OK E)o./ITrY(IHS) AÅ t· "ÍA-r.r~M4-- c.c.Pe.J:: /PI,4.,}, re... a.-. c.c , ._--~.~_.._^""--_.- . A-4 $ u-c-. 4-710/ OTHER. L.~._._._._._._._._._._. _._._._._._..J ¡ i i . A. ~. Commlllolonfl141.696 ~. .. Notary PuÞIIC' . C_rnIO ! '.' __County MyComm. bplMtNl16. 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