HomeMy WebLinkAboutReso 57-08 Positano Neigh A&B
RESOLUTION NO. 57 - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS
FOR LANDSCAPE FEATURES WITH TRACTS 7853 and 7854,
POSITANO NEIGHBORHOODS "A" AND "B"
WHEREAS, a Vesting Tentative Map for Tract 7586 for Fallon Village was approved by
Planning Commission Resolution 05-61 on November 22,2005, with Conditions of Approval; and
WHEREAS, said Conditions of Approval required the Developer, Braddock and Logan Group II,
L.P., a California Limited Partnership, by Braddock and Logan Services, Inc., a California Corporation, Its
General Partner, 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 the maintenance of the 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 7853 (Positano Neighborhood "A") and Tract
7854 (Positano Neighborhood "B"), 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 of this City Council is hereby directed to transmit
said Agreement to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 15th day of April, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
A~t ~~
Deputy City Clerk
Reso No. 57-08, Adopted 4/15/08, Item 4.7
Page 1 of 1
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACTS 7853 and 7854
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACTS 7853 and 7854 ("Agreement") is made between the City of
Dublin ("City") and Dublin RE Investors, LLC and Braddock & Logan Group II, L.P.
("Owners").
1. Property: The subject property is Tracts 7853 and 7854 as filed in Book _ of
Maps at Pages , in the Official Records of the County of Alameda,
State of California.
2. Developer: Owners are the owners of Tracts 7853 and 7854 (the "Fallon Village
Project").
3. Landscape Features: Owners, as part of the Fallon Village Project, anticipate
the construction ofproject related landscape features within the City's rights of
ways on the following streets in Tract 7853: Positano Parkway, Capistrello Street,
La Strada Drive (west side), Valero Street (west side), Amatrice Way, West
Cantara Drive, Scala Court and La Vina Street; and on the following streets in
Tract 7854 and La Strada Drive, Forino Drive, Forino Court, Montiano Lane,
Lorenzo Court, Cantalise Drive, Cantalise Court, Vanucci Way, Salerno Drive,
Cerreto Street, Palatino Court, Montelena Court, Calabria Court (collectively, the
"Landscape Features"). The specific location and description ofthese project
related Landscape Features with regard to Tract 7853 are shown on the attached
Exhibit A and with regard to Tract 7854 are shown on the attached Exhibit B.
Construction details for these Landscape Features are shown on the Landscape
Plans for Fallon Ranch prepared by McKay & Somps dated 2./i(~fapproved by
the City for Tracts 7853 and 7854.
4. Encroachment Permit: Owners 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.
5. Ownership: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, monuments, etc., as provided in Exhibits A and B.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape Features improvements, including.all frontage, median and island
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. 10.
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landscape plantings, and irrigation, sidewalks and decorative 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. Owners will be responsible at its sole cost to replace or
repair any Landscape Feature, including decorative pavement, damaged or
removed during the maintenance 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, Dublin SanRamon 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 and any other features in the public right of way outside ofthe areas
designated as Landscape Features on Exhibits A and B.
7.
Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features improvements, the City may reasonably
remove or reasonably relocate the Landscape Feature at its sole cost. If any ofthe
Landscape Features is relocated, the City and Owners will 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.
8.
Insurance: Owners shall obtain and maintain in effect a combined single limit
policy of liability insurance not less than one million dollars covering the
Landscape Features improvements and shall name the City as an additional
named insured.
9.
Indemnification: Owners 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,
due to or arising out of Owner'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. '
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.
Right to Assign: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Fallon Ranch or to a successor in interest of Owners with respect to all or a
portion ofthe Positano Project; provided, however, that no such assignment of
Owners' rights interests and obligations under this Agreement shall occur without
prior written notice to the City and approval by the City Manager, which approval
shall not be unreasonably withheld, conditioned or delayed.
2
12. 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 "DREI" in this Agreement shall be deemed to refer to and include
DREI and all successors and assigns ofDREI including the Positano Owner's
Association.
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
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) 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
Owners:
Dublin RE Investors, LLC
4155 Blackhawk Plaza Circle, Suite 201
Danville, CA 94511
Fax No. 925-648-5700
Attn: Jeff Lawrence
Braddock & Logan Group II, L.P.
4155 Blackhawk Plaza Circle, Suite 201
Danville, CA 94511
Fax No. 925-648-5700
Attn: J effLawrence
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. 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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16. 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.
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
counterparts, taken together, shall constitute one and the same instrument.
Dated this
day of
,2008.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
Name:
Title:
OWNERS:
DUBLIN RE INVESTORS, LLC
A California limited liability company
By: Braddock & Logan Services, Inc.
Its: Manager
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BRADDOCK & LOGAN GROUP II, L.P.
A California limited partnership
By: Braddock & Logan Services, Inc.
Its: Manager
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
County of
On 3/&1/0 '2>
Contra Costa
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State of California
Date
before me,
Nancy E. Embrey, Notary Public
personally appeared
SEFP
Here Insert Name and Tille of the Officer
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Name{s) of Signer(s)
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NANCY E. EMBREY
@ Commission # 1578043
~ Ma Notary Public - California ~
Z , Contra Costa County -
. My Comm. Expires Jun 8. 2009
who proved to me on the basis of satisfactory evidence to
be the perso~ whose name~are subscribed to the
within instrument and acknow~dged to me that
dlS)she/they executed the, s~me i~/her/their authorized
capacity~, and that by@/her/their signature~ on the
instrument the person~, or the entity upon behalf of
which the person(~ 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.
Piace Notary Seal Above
Signature
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of AIlaCh~d Document No^",>< ~ f." CA-iJ,"-~ A~n-'-r::T
Title or Type of Document~ o.-c;t 7 8 5~ -r "1 8 S <f I ~ 1 D~' ~
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
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Signer's Name:
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Signer Is Representing: Signer Is Representing:
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@2007 National Notary Association. 9350 De Soto Ave., P'Q, Box 2402. Chatsworth, CA 91313-2402. www,NationaINotary,org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
County of
On '3 /7-1 J D b
Contra Costa
}
State of California
Date
before me,
'jE t"f
Nancy E. Embrey, Notary Public
Here Insert Name and Title of the Officer
'-'Au.) (L& NeE -
Name(s) of Signer(s)
personally appeared
----
-----....---....-........J
NANCY E. EMBREY
Commlsslon # 1578043
Notary Public - California t
Contra Cosio County -
My Comm. Expires Jun 8. 2009
who proved to me on the basis of satisfactory evidence to
be the person~ whose nameff~are subscribed to the
within instrument and acknowledged to me that
<b&she/they executed the same in Wher/their authorized
capacity~ and that by ~er/their signature(~ on the
instrument the person(.af,- or the entity upon behalf of
which the person~ 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.
Place Notary Seal Above
WITNESS Il}Y hand and official seal.
Signature \ 0G1t\. CJ(,1 . <2... ~-+yd~)
nature of Notary Public
Capacity(ies) Claimed by Signer(s)
Signer's Name: :5 e.--t..f l.u-...uJ. ~ \(\.'- t-
O Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
.
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Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
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o Trustee
o Guardian or Conservator
o Other:
.
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Signer Is Representing:
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Signer Is Representing:
@2007 National Notary Association. 9350 De Soto Ave.. P'Q, Box 2402 . Chatsworth, CA 91313-2402. www.NationaINotary,org Item #5907 Reorder: Call Toll-Free 1-800-876.6827
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