HomeMy WebLinkAboutReso 193-07 Tassajara Crk Maint Assoc
RESOLUTION NO. 193 - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING FIRST AMENDMENT TO
ACCESS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBLIN
AND THE TASSAJARA CREEK MAINTENANCE ASSOCIATION
WHEREAS, the Alameda County Flood Control and Water Conservation District (Zone 7) and
the City of Dublin previously entered into a License Agreement on March 18, 1987, as authorized by City
Council Resolution No. 15-87, allowing the City the use of certain flood control channel properties owned
by Zone 7 for park and recreational purposes, including trails and landscaping; and
WHEREAS, said license agreement was replaced by a new agreement entitled Recreational Use
License Agreement (the "License Agreement") dated February 15, 2005, as authorized by City Council
Resolution No. 16-05; and
WHEREAS, the License Agreement was amended on October 16, 2007, as authorized by City
Council Resolution No.193-07, to add a new segment of the Tassajara Creek Regional Trail, from
Somerset Drive to a point 1100 feet to the north,. to the channel properties governed by the License
Agreement, said segments being more precisely described as Parcels A, B, C, and D, (Assessor's Parcel
Numbers 986-0031-002, 986-0032-002, 986-0032-003, and 986-0030-004) of Tract 7414 recorded on
June 28, 2004, in Book 275 of Maps at Pages 66-80, and a portion of Lot 131 (986-0028-004) of Tract
7075, recorded on April 18, 2001, in Book 257 of Maps, Pages 47-61("Parcels"), Official Records of
Alameda County; and
WHEREAS, the Tassajara Creek Maintenance Association ("Association") was formed to
maintain, among other improvements within the Tract 7075, landscaping, irrigation, a concrete rail fence
and a frog habitat mitigation pond ("Landscaping") within the Parcels; and
WHEREAS, the City desires to retain control of trail maintenance and transfer maintenance of
the Landscaping to the Association; and
WHEREAS, the 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 maintenance and repair of the
Landscaping; and
WHEREAS, the City and the Association previously entered into an Access and Maintenance
Agreement (the "Agreement") with the Association on February 15,2005, as authorized by City Council
Resolution No. 19-05, defining the Association's obligation to perform maintenance and repair of the
Landscaping; and
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WHEREAS, the Association will be assuming maintenance responsibilities for additional
landscaping improvements, including a frog habitat mitigation pond on Parcel D, within Parcels A,B, C
and D of Tract 7414 and Lot 131 of Tract 7075; and
WHEREAS, the City and the Association have prepared an Amendment to the Agreement to add
these parcels and the additional landscaping to the Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the First Amendment to the Access and Maintenance Agreement between the Tassajara
Creek Maintenance Association and the City of Dublin, attached hereto as Exhibit "A."
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 First Amendment
to the Access and Maintenance Agreement to the Association for the Association's Board approval and
processmg.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 16th day of October, 2007, by the following vote:
AYES:
Councilmembers Hildenbrand, Oravetz, Sbranti, Scholt and Mayor Lockhart
NOES:
ABSENT:
ABSTAIN:
A~~
;' Interim City Clerk
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FIRST AMENDMENT TO ACCESS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF
DUBLIN AND THE T ASSAJARA CREEK MAINTENANCE ASSOCIATION
This First Amendment to Access and Maintenance Agreement, dated as of October _, 2007 (this
"Amendment") modifies and amends that certain "Access and Maintenance Agreement between the City
of Dublin and the Tassajara Creek Maintenance Association Relating to a Segment of the Tassajara Creek
Regional Trail between Casterson Drive and Somerset Drive", dated February 15, 2005 (the "Agreement")
between the THE CITY OF DUBLIN as "the City" and THE TASSAJARA CREEK MAINTENANCE
ASSOCIATION, a California mutual benefit corporation as the Association. The City and the Association
are referred to herein as the "Parties." Capitalized terms used herein and not otherwise defined shall have
the meanings ascribed to such. terms in the Agreement.
RECITALS
A. The Agreement sets forth the respective rights and obligations of the parties with respect
to the certain landscaping and improvements associated with a public recreational trail along Tassajara
Creek. Pursuant to the Recreational Use License Agreement dated February 15, 2005 with Zone 7 of the
Alameda County Flood Control and Water Conservation District (License Agreement), the City possesses
a license over certain Zone 7 properties within City. That License Agreement specifically allowed the City
to transfer and assign the 'rights and obligations under the Agreement to the Association
B. By that certain "Amendment No. 1 to the Recreational Use License Agreement Between
the City of Dublin and Zone 7 of the Alameda County Flood Control and Water Conservation District"
(License Agreement Amendment) dated October 16, 2007, the City and Zone 7 expanded the scope of
the underlying license agreement to include additional properties (Additional Properties) including Parcels'
A, B, C, and D of Tract Map 7414,filed June 28, 2004, in Book 275 of Maps, Pages 68 through 80, and a
portion of Lot 131 of Tract 7075 , filed on April 18, 2001, in Map Book 257, Pages 47-61, Official Records of
Alameda County, as shown on Exhibits A and B-7 of the License Agreement Amendment.
. C. The Parties desire to amend the Agreement in order to expand the Association's
maintenance obligations within the Additional Properties to perform maintenance and repair of certain
landscaping (including a habitat mitigation frog pond), irrigation system and a concrete wall on property
owned by Zone 7, pursuant to Article 3.1 (i) of the Maintenance CC and R's, 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 associated improvements.
NOW, THEREFORE, for good and. valuable consideration, the suffiCiency of which is hereby
acknowledged, Agency and Developer hereby agree to amend the Agreement as follows:
Section 1.
Section 1(d) Of the Agreementis hereby amended to read as follows:
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 Agreement,
shown as Exhibit B-6 of the License Agreement and more specifically Parcels C, 0 and E
of Tract 7075, recorded on April 18, 2001, at Book 257 of Maps, pages 47-61 in the Official
Records of Alameda County, as well as property shown as Exhibits A and B-7 to the
License Agreement Amendment and more specifically Parcels A, B, C, and D of Tract
7414, recorded on June 28, 2004, at Book 275 of Maps, Pages 68-80, and Lot 131 of
1016243.1
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Tract 7075, recorded on April 18, 2001 j at Book 257 of Maps, Pages 47-61 in the Official
Records of Alameda County, and any other additional parcels that may be included under
any amendment to this Agreement.
Section 2. Association shall have access to newly defined Creek Parcel properties in
accordance with Section 2 of the Agreement.
Section 3. In the event of a conflict between the Agreement and this Amendment, this
Amendment will control. Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
WHEREFORE, the parties have executed this Amendment effective October -.:..,2007
CITY OF DUBLIN
By:
'Mayor
ATTEST:
By:
APPROVED AS TO FORM:
By:
1016243.1
T ASSAJARA CREEK MAINTENANCE
ASSOCIATION
a California Nonprofit Mutual Benefit Association
By:
By:
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