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Home My WebLink About4.03 Sorrento Long Term Encroachor 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL October 16, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -60 SUBJECT: Approval of First Amendment to the Agreement for Long Term Encroachments for Landscape Features with Tract 7641, 7642, 7643, 7644, and 7645 Prepared by Mark Lander, City Engineer EXECUTIVE SUMMARY: Sorrento at Dublin Ranch I, L.P. and the City of Dublin previously entered into an Agreement for Long Term Encroachments for Landscape Features, dated April 4, 2006, for Tracts 7641, 7642, 7643, 7644 and 7645. Sorrento at Dublin Ranch I, L.P. has now executed and filed with the City of Dublin a First Amendment to the Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645, to include the pedestrian bridge at the Grafton Street public right of way as a landscape feature. FINANCIAL IMPACT: There is no financial impact to the City by approving the First Amendment to the Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645. The landscape improvements will be maintained by the Sorrento West and East Homeowner Associations. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving the First Amendment to the Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645. Submitted By Director of Public Works Reviewed By Assistant City Manager Page 1 of 2 ITEM NO. 4.3 DESCRIPTION: For project "Sorrento West ", the Developer, Sorrento at Dublin Ranch I, L.P., and the City of Dublin previously entered into an Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645. This agreement was entered into to satisfy Conditions of Approval approved by Planning Commission Resolution No. 05 -52 on September 13, 2005. The City Council approved this Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645 with Resolution No. 36- 06 on April 4, 2006. This agreement did not include the Pedestrian Bridge at the Grafton Street public right of way. The Planning Commission adopted Resolution No. 10 -09 on March 9, 2010, approving Site Development Review and New and Amended Vesting Tentative Tract Maps for Sorrento East, Area F, Dublin Ranch. This Resolution included a Condition of Approval requiring the Developer of "Sorrento East" project, SR Structured Lot Options I, LLC, to enter into a Long Term Encroachment Agreement with the City of Dublin for maintenance of landscape features within specified public right of ways, including maintenance of the Pedestrian Bridge at the Grafton Street public right of way. Subsequently, the developer of "Sorrento West ", Toll Brothers, Inc., and the developer of "Sorrento East ", SR Structured Lot Options I, LLC (joined in by Sorrento at Dublin Ranch I, LP and Sorrento at Dublin Ranch II, LP) entered into an agreement regarding the Pedestrian Bridge construction and maintenance. The agreement, entitled Agreement Regarding Easements, Maintenance and Covenants, was recorded with Alameda County Record No. 2008297104. This agreement placed the responsibility of construction and maintenance of the Pedestrian Bridge with Toll Brothers, Inc., the developer of the "Sorrento West" project. This agreement also provided provisions for SR Structured Lot Options I, LLC to pay Toll Brothers, Inc. for a portion of maintenance costs of the Pedestrian Bridge. Due to Toll Brothers, Inc. acceptance of responsibility for construction and maintenance of the Pedestrian Bridge, the Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645 needs to be amended to include the Pedestrian Bridge at the Grafton Street public right of way. NOTICING REQUIREMENTS /PUBLIC OUTREACH: No public noticing is required for this First Amendment to Agreement for Long Term Encroachment for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645. A copy of Staff Report will be sent to Toll Brothers, Inc. ATTACHMENTS: 1. Resolution Approving the First Amendment to Agreement for Long Term Encroachment for Landscape Features with Tracts 7641, 7642, 7643, 7644, and 7645 2. Exhibit "A" to the Resolution, First Amendment to Agreement for Long Term Encroachment for Landscape Features with Tracts 7641, 7642, 7643, 7644, and 7645 Page 2 of 2 RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR LONG TERM ENCROACHMENTS FOR LANDSCAPE FEATURES WITH TRACTS 7641, 7642, 7643, 7644 and 7645 WHEREAS, the Developer, Sorrento at Dublin Ranch, L.P. and the City of Dublin previously entered into a Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645, to satisfy Conditions of Approval approved by Planning Commission Resolution No. 05 -52 on September 13th, 2005; and WHEREAS, the City Council previously approved the Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644, and 7645 with Resolution No. 36 -06 on April 4, 2006; and WHEREAS, the Developer has executed and filed with the City of Dublin the First Amendment to the Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645, to include the pedestrian bridge construction and maintenance within the public right -of -way at Grafton Street, as a landscape feature, attached hereto as Exhibit "A "; NOW, THEREFORE, BE IT RESOLVED that said First Amendment to the Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the First Amendment to the Agreement for Long Term Encroachments for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645, attached hereto as Exhibit «A„ 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 16th day of October, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G: DEVELOPMENT, PRIVATL\Dublin Ranch \Sorrento -Toll Brothers \Traci 7641 - Sorrento West\Resolution for First Amendment of LongTermBncrAgree.doc Recording Requested By: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived pej• GC 27383 FIRST AMENDMENT TO AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACTS 7641, 7642, 7643, 7644 AND 7645 This First Amendment is made and entered into this between the City of Dublin, a municipal corporation, Sorrento at Dublin Ranch I, L.P., a California limited "Developer." RECITALS _ day of hereinafter partnership 2012, by and referred to as "City," and hereinafter referred to as A. City and Developer are parties to that certain "Agreement for Long Term Encroachment for Landscape Features with Tracts 7641, 7642, 7643, 7644 and 7645" ( "the Agreement "), approved by City Council Resolution No. 36 -06 on April 4, 2006. B. By this Amendment, the parties desire to add the construction and maintenance of the pedestrian bridge at Grafton Street to the Landscape Features listed in the Agreement. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: Section 1. Section 3 of the Agreement is amended to read as follows: Landscape Features: Sorrento, as part of developing the western portion of their Sorrento at Dublin Ranch Project, will be constructing project related landscape features within the City's rights of ways on Brannigan Street (east side), Aviano Way, Palermo Way, Capoterra Way, Perugia Street, Rimini Lane, Rimini Court, Montaleino Street, Mirano Court, Grafton Street (west side and median), Gleason Drive (south side) and Central Parkway, and a pedestrian bridge at Grafton Street (collectively, the "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, and Grafton Street Bridge Plans, prepared by Van Tilburg, Banvard & Soderbergh, AIA, NCE, and MacKay & Somps, dated June 6, 2008 and approved by the City for Sorrento at Dublin Ranch. The scope of the improvements covered under this agreement is shown on the attached Exhibit "A ". Section 2. Section & of the Agreement is amended to read as follows: Sorrento shall maintain and repair all the Landscape Features improvements 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. Sorrento will maintain all their frontage, median and island landscape plantings, and irrigation, sidewalks, and Landscape Features structures and decorative pavement within the public right of way, including the pedestrian bridge at Grafton Street right of way and its appurtenances, except for the medians in Gleason Drive, Central Parkway and Brannigan Street, which will be maintained by the City at City's sole cost. Sorrento will be responsible at its sole cost to replace or repair any Landscape Feature, including decorative pavement, the pedestrian bridge and its appurtenances, 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 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 street lights. Section 3. Exhibit 1 to this Amendment is hereby attached to the Agreement as a new Exhibit «A» Section 4. All other provisions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date and year first above written. CITY: THE CITY OF DUBLIN, a Municipal Corporation Name: Title: DEVELOPER: Sorrento at Dublin Ranch I, L.P., A California Limited Partnership By: E . Name Title: CADocuments and SettingsNUMMPLEMocal SettingATemporary Internet Fil esl Content,OFlttookNLU37w8L81Pirst Amendment of Agreement For Long Term liner Agreement.DOC 2 Con 0 � r c� x x � s 4 i 4 4 4 f 5 1 1 1 1 f f f f 1 1 r f I 1 f lu f