HomeMy WebLinkAboutReso 16-13 Brannigan St Long Term Encroach RESOLUTION NO. 16 - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS
FOR LANDSCAPE FEATURES WITH TRACT 8093
WHEREAS, a Site Development Review Permit and Vesting Tentative Tract Map 8093
for 19 Single-Family Detached Units for a 3-Acre Site Located Along the West Side of
Brannigan Street North of Gleason Drive was approved by Planning Commission Resolution 12-
12 on March 27th, 2012, with Conditions of Approval; and
WHEREAS, said Conditions of Approval required the developer 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 an Agreement
for Long Term Encroachment for Landscape Features with Tract 8093 attached hereto as
Exhibit A, which will be recorded against the property concurrently with the Tract 8093 final
map.
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved.
BE IT FURTHER RESOLVED that the City Manager 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 19th day of February, 2013, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None / 17 ±
ATT Mayor
iPocri
CC
City Clerk
Reso No. 16-13,Adopted 2-19-13, Item 4.7 Page 1 of 1
AGREEMENT FOR LONG TERM ENCROACHMENT
• FOR LANDSCAPE FEATURES WITHIN
TRACT 8093 -BRANNIGAN STREET
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THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WrfHIN TRACT 8093 ("Agreement") is made between the City of Dublin("City")
and J.ennar Homes of California, Inc., a California Corporation("Owner").
1: Property: The subject property is Tract 8093 as filed in Book of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Owner is the owner of Tract 8093,Brannigan Street, ("Project").
3. Landscape Features: Owner, as part of the Project, anticipates the construction
of Project related landscape features within the City's rights of ways on the
following streets in Tract 8093: Gleason Drive and Brannigan Street
(collectively, the "Landscape Features"). The specific location and description of
this Project related Landscape Features with regard to Tract 8093 are shown on
the attached Exhibit A. Construction details for these Landscape Features are
shown on the plans, "Brannigan Street— Tract 8093—Landscape Improvement
Plains", (15 Sheets, Sheets L-1.01 to L-7.01), prepared by HLD Group, and
approved by the City Engineer.
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 Exhibit A.
6. Operations and Maintenance: Owners-shall maintain and repair all the
Landscape Features improvements, including all frontage, median and island
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
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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,
streetlights, and any other features in the public right of way outside of the areas
designated as Landscape Features on Exhibit A.
7. Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features,the City may remove or reasonably relocate
the Landscape Feature at its sole cost. If any of the Landscape Features are
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 ($1,000,000)
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.
10. Permanent: The Landscape Feature and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity, and 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
Bramnigan Street or to a successor in interest of Owners with respect to all or a
portion of the 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 written approval by the City Manager, which
approval shall not be unreasonably withheld, conditioned or delayed.
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 the"Owner" in this Agreement shall be deemed to refer to and
include Lennar Homes of California, Inc., and all successors and assigns of
Lennar Homes of California, Inc., including but not limited to the Brannigan
Street Homeowners' Association.
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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:
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City: City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833-6651
Attn: City Manager
Owner: Michael Snoberger
Land Purchasing Manager
6111 Bollinger Canyon Road, Suite 550 -
San Ramon, CA 94583
(925) 327-8306'
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.
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 he executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such
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• counterparts,taken together, shall constitute one and the same instrument.
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Dated this day of , 2013.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
Name:
Title:
OWNERS:
Lennar Homes of California,Inc,
A California'Corporation
By: C, ` qG�
Print I atne
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Title
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G:IDEVELOPMENT,PRIVATE1Brannigan Street-Leaner-Tract 80931Agreeme nt-LTEA-Tract 8093.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of C M'e& .�
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personally appeared �1 t -?r ,,
Name(s)of Signer(9)
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within instrument and acknowledged to me that
he/shekhey executed the same in his/herltheir authorized
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Commission if 1951289 instrument the� erson
Notary Public-California P (s), or the entity upon behalf of
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3_ My Comm.Expires OCt 5,2015
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature`+ t r a
Plec Notary Seal Above .� ' Signature el Notary Public
OPTIONAL
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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 Attached Document
Title or Type of Document: rrcti-: e x rj i A "T''a 1 ) r n r "r
Document Date: ` Number of Pages: ec 3 ^ Theo`i �n
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s) -
Signers Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): U Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General O Partner—❑ Limited ❑ General
RIGHTTHUMBPRINT RIGrIrTHUMEPRINT
❑ Attorney In Fact oPStGNeI1 r::. ❑Attorney in Fact OF SIGNER st
❑ Trustee Top of thumb here p Trustee Top or Plumb here
❑. Guardian or Conservator ❑Guardian or Conservator
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❑ Other: - _ ❑Other:
Signer Is Representing: Signer Is Representing:
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