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HomeMy WebLinkAbout4.3 Schaefer Rch TR 6765 Maintor 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL May 21, 2013 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -60 SUBJECT: Approval of Agreement for Long -Term Encroachment for Landscape and Decorative Pavement Maintenance at Schaefer Ranch Tract 6765 and Schaefer Ranch Unit 2, Tract 8000 (Schaefer Ranch Holdings, LLC) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: Schaefer Ranch Holdings, LLC has executed an Agreement for Long -Term Encroachment for Landscape and Decorative Pavement Maintenance for Tracts 6765 and 8000 of the Schaefer Ranch development. The Agreement provides for the Schaefer Ranch Homeowners' Association to maintain project - related landscape and decorative pavement features within the public rights -of -way. FINANCIAL IMPACT: There is no cost to the City. The Schaefer Ranch Homeowners' Association will be responsible for maintaining the project - related landscape and decorative pavement features associated with Tracts 6765 and 8000 within the public rights -of -way. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving the Agreement for Long Term Encroachment for Landscape and Decorative Pavement Maintenance at Schaefer Ranch Tract 6765 and Schaefer Ranch Unit 2, Tract 8000 with Schaefer Ranch Holdings, LLC. Submitted By Director of Public Works DESCRIPTION: Reviewed By Assistant City Manager Schaefer Ranch Holdings, LLC, the owner of Tract 6765, Schaefer Ranch and Tract 8000, Schaefer Ranch Unit 2 has executed an Agreement for Long -Term Encroachment for Landscape and Decorative Pavement Maintenance (Agreement). The Agreement provides for the developer to maintain project - related landscape within the public rights -of -way, including planter strips and street trees at the following locations: Page 1 of 2 ITEM NO. 4.3 • Dublin Boulevard - on both sides of the street between Roys Hill Lane and the western terminus of Dublin Boulevard. • Schaefer Ranch Road - on both sides of the street between Dublin Boulevard and the City limit line. • Marshall Canyon Road - on both sides between Reimers Way and Ridgeline Place • Entry features at Dublin Boulevard (fronting the East Bay Regional Park District Staging Area), Dublin Boulevard /Schaefer Ranch Road, Dublin Boulevard /Jacqueline Street, Dublin Boulevard /Marshall Canyon Road, and Dublin Boulevard /Kelly Canyon Road /Seeno Street intersections. The Agreement also provides for the developer to maintain project - related decorative pavement within the public rights -of -way at the following locations: • Dublin Boulevard /Schaefer Ranch Road intersection • Dublin Boulevard /Marshall Canyon Drive intersection • Dublin Boulevard /Jacqueline Street intersection • Dublin Boulevard /Seeno Street/Kelly Canyon Drive intersection • Dublin Boulevard /Schaefer Heights Road intersection • Marshall Canyon Drive /Ridgeline Drive intersection • Marshall Canyon Drive /Ridgeline Place intersection • Marshall Canyon Drive /Reimers Way intersection • Kelly Canyon Drive /Reimers Way intersection • Kelly Canyon Drive /Schaefer Heights Road intersection • Dublin Boulevard at Primary Entry and East Bay Regional Park District Staging Area As allowed by the Agreement, the developer has assigned maintenance responsibility of said landscape and decorative pavement features to the Schaefer Ranch Homeowners' Association. Staff has prepared a Resolution approving the Agreement for Long -Term Encroachment for Landscape and Decorative Pavement Maintenance at Schaefer Ranch Tract 6765 and Schaefer Ranch Unit 2, Tract 8000 (Attachments 2 and 3). NOTICING REQUIREMENTS /PUBLIC OUTREACH: Public noticing occurred development. Copies of t ATTACHMENTS: 1. 2. 3. as part of the Tentative Map process for the Schaefer Ranch ,iis report have been provided to Schaefer Ranch Holdings, LLC. Location Map Resolution Approving the Agreement for Long -Term Encroachment for Landscape and Decorative Pavement Maintenance at Schaefer Ranch Tract 6765 and Schaefer Ranch Unit 2, Tract 8000 Exhibit "A" to Resolution, Agreement for Long Term Encroachment Page 2 of 2 T mmmc==NL;;;j ME I Im ME I IN MENE �ru.! rir.�,�r��. :rm,ii ,,� »,�d .�r. �� MEN v o= o© T RESOLUTION NO. -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE AND DECORATIVE PAVEMENT MAINTENANCE AT SCHAEFER RANCH TRACT 6765 AND SCHAEFER RANCH UNIT 2, TRACT 8000 WHEREAS, Tract 6765, filed in Book 297 of Maps at Pages 1 -51, was approved by the City Council Resolution No. 17 -07 on February 20, 2007; and WHEREAS, Tract 8000, filed in Book 323 of Maps at Pages 29 -37, was approved by the City Council Resolution No. 173 -12 on October 2, 2012; and WHEREAS, said Conditions of Approval of the Schaefer Ranch development required the Developer, Schaefer Ranch Holdings, LLC, a California Limited Liability Company, to construct landscape and decorative pavement features within the public rights -of -way; and WHEREAS, said Conditions of Approval required the Developer to enter into an "Agreement for Long -Term Encroachment" for the maintenance of the landscape and decorative pavement features; and WHEREAS, the Developer has installed landscape features and decorative pavement within the public rights -of -way in accordance with the approved plans for Tract 6765 and Tract 8000; and WHEREAS, the Developer is required to maintain these landscape improvements and decorative pavement; and WHEREAS, the Developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape and Decorative Pavement Maintenance at Schaefer Ranch Tract 6765 and Schaefer Ranch Unit 2, Tract 8000 (hereinafter the "Agreement "), attached hereto as Exhibit "A "; 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 21St day of May, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G: DEVELOPMENT, PRIVATE \Schaefer Ranch \Council\Long Term Enc Agreement TR6765 & TR8000\Attachment 2 - Resolution LongTermEncrAgree - Tracts 6765 & 8000 Schaefer Ranch Holdings.doc Recording Requested By: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE AND DECORATIVE PAVEMENT MAINTENANCE AT SCHAEFER RANCH TRACT 6765 AND SCHAEFER RANCH UNIT 2, TRACT 8000 This AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE AND DECORATIVE PAVEMENT MAINTENANCE AT SCHAEFER RANCH, TRACT 6765, and Schaefer Ranch Unit 2, Tract 8000 ( "Agreement ") is made and entered into this day of , 2013, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "City" and Schaefer Ranch Holdings, LLC, a California Limited Liability Company hereinafter referred to as "Schaefer Ranch ". RECITALS 1. Property: The subject property in the City of Dublin, Alameda County, California is described as follows: Tract 6765 as filed in Book 297 of Maps at Pages 1 through 51, in the Official Records of the County of Alameda; and Tract 8000 as filed in Book 323 of Maps at Pages 29 through 37, in the Official Records of the County of Alameda. 2. Developer: Schaefer Ranch is the master developer of Tract 6765 and Tract 8000 ( "Property ") and is constructing residential units on the property (the "Project "). 3. Association: Schaefer Ranch Homeowners Association ( "Association ") is a California nonprofit mutual benefit corporation formed to manage common interest elements within the Project. 4. Landscape Features: Schaefer Ranch, as part of developing the Project, has constructed or will construct landscaping (turf, ground cover, shrubs and trees, decorative walls and fences) and has installed or will install irrigation equipment within street -side parkways and slope areas, on portions of the City public street WDEVELOPMENT, PRIVATE \Schaefer Ranch\Agreements\Long Term Enc Agreement TR6765 & TR8000\FINAL Schaefer Ranch LongTermEncroachment Agreement. doc Page 1 of 6 5/6/2013 rights -of -way as shown in Exhibit A, attached hereto and incorporated herein by this reference and further described as follows: • Dublin Boulevard - on both sides of the street between Roys Hill Lane and the terminus of Dublin Boulevard. • Schaefer Ranch Road - on both sides of the street between Dublin Boulevard and the City /County limit line. • Marshall Canyon Road - on both sides between Reimers Way and Ridgeline Place • Entry features at Dublin Boulevard (fronting the East Bay Regional Park District Staging Area), Dublin Boulevard /Schaefer Ranch Road, Dublin Boulevard /Jacqueline Street, Dublin Boulevard/Marshall Canyon Road, and Dublin Boulevard/Kelly Canyon Road /Seen Street intersections. These landscaping and irrigation improvements are collectively referred to as the "Landscape Features ". The specific location and design of these Landscape Features are described on the City- approved Project Landscape Plans on file at the City, which Plans are incorporated herein by this reference: • Landscape Improvement Sleeving Plans, Schaefer Ranch Schaefer Ranch Road and Dublin Boulevard, Tract 6765, Dublin, Cali ornia (4 Sheets: SLVl- SLV4) prepared by Millennium Design & Consulting, Inc. Approved on 9/7/07; • Landscape Architectural Drawings — Dublin Boulevard, Schaefer Ranch Road, and Road A', Tract 6765 Streetscape, Dublin, California (38 Sheets: Ll -L38) prepared by Nuvis Landscape Architecture & Planning. Approved on 10/8/07; and • Landscape Architectural Drawings, Schaefer Ranch — Tract 6765 Entry Plans, Dublin, California (26 Sheets: L1 -L26) prepared by Nuvis Landscape Architecture & Planning. Approved on 10/3/07; and • Landscape Architectural Construction Documents — Schaefer Ranch Unit 2 Tract 8000, Dublin, California (21 Sheets: L- 1 -L21) prepared by MD Fotheringham. Approved on 12/12/12. 5. Decorative Pavement Features: Schaefer Ranch, as part of developing the Project, has constructed or will construct decorative pavement within the street, and within the median, on portions of the following City public street right -of -way at the following locations and as shown in Exhibit A, attached hereto and incorporated herein by this reference and further described as follows: • Dublin Boulevard /Schaefer Ranch Road intersection • Dublin Boulevard /Marshall Canyon Drive intersection • Dublin Boulevard /Jacqueline Street intersection • Dublin Boulevard /Seen Street/Kelly Canyon Drive intersection • Dublin Boulevard /Schaefer Heights Road intersection • Marshall Canyon Drive / Ridgeline Drive intersection WDEVELOPMENT, PRIVATE \Schaefer Ranch\Agreements\Long Tenn Enc Agreement TR6765 & TR8000\FINAL Schaefer Ranch LongTermEncroachment Agreement.doc Page 2 of 6 5/6/2013 • Marshall Canyon Drive/Ridgeline Place intersection • Marshall Canyon Drive /Reimers Way intersection • Kelly Canyon Drive/Reimers Way intersection • Kelly Canyon Drive /Schaefer Heights Road intersection • Dublin Boulevard at Primary Entry and East Bay Regional Park District Staging Area These decorative pavement improvements are collectively referred to as the "Decorative Pavement Features ". The specific location and design of these Decorative Pavement Features are described on the City- approved Project Improvement and Landscape Plans on file at the City, which Plans are incorporated herein by this reference: • "Tract 6765 Improvement Plans - Phase 1 Schaefer Ranch Dublin_ Cali ornia" (43 Sheets: 1 -43), prepared by P/A Design Resources, Inc. Approved on 12/5/06. • Landscape Architectural Drawings — Dublin Boulevard Schaefer Ranch Road, and Road A, 6765 Streetscape Dublin California (38 Sheets: Ll -L38) prepared by Nuvis Landscape Architecture & Planning. Approved on .10/8/07; and • Landscape Architectural Drawings Schaefer Ranch — Tract 6765 Entry Plans, Dublin, California (26 Sheets: L1 -L26) prepared by Nuvis Landscape Architecture & Planning. Approved on 10/3/07; and • Landscape Architectural Construction Documents — Schaefer Ranch Unit 2 Tract 8000, Dublin, California (21 Sheets: L -1 -1,21) prepared by MD Fotheringham. Approved on 12/12/12 6. Encroachment Permit: Schaefer Ranch has applied or will apply to City for an encroachment permit for the construction, operation and long -term maintenance of the Landscape and Decorative Pavement Features. The City shall grant the encroachment permit for all work to install, operate and maintain the Landscape and Decorative Pavement Features. 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. 7. Ownership: Schaefer Ranch shall own the Landscape Features except for any portions thereof that are transferred to the Association. 8. Operations and Maintenance: Schaefer Ranch shall maintain and repair, at its sole cost and expense, all elements of the Landscape and Decorative Pavement Features in a safe manner consistent with the approved plans and to the reasonable satisfaction of the City, including the costs of electric power and water. Provided that the City, the Dublin San Ramon Services District or any other authorized utility company has given Schaefer Ranch written notice 10 days prior to commencing its work, Schaefer Ranch shall be responsible at its sole cost to replace or repair any Landscape and Decorative Pavement Features damaged or removed during the maintenance or repair G: \DEVELOPMENT, PRIVATE \Schaefer Ranch\Agreements\Long Term Enc Agreement TR6765 & TR8000\FINAL Schaefer Ranch LongTermEncroachment Agreement.doc Page 3 of 6 5/6/2013 of sewer, water, drainage or utility improvements by the City, the Dublin San Ramon Services District or other authorized utility company, unless such damage or removal is caused by the negligence, gross negligence or willful misconduct of the City, the Dublin San Ramon Services District or other authorized utility company, or by the criminal conduct of third parties. The City shall maintain at its sole cost all asphalt and concrete pavement, concrete curb and gutter, concrete sidewalks, drainage improvements, traffic signs and striping, streetlights and any features other than the Landscape and Decorative Pavement Features within the public right -of -way or easement. 9. Removal or Relocation: If future improvements proposed by the City conflict with any Landscape and Decorative Pavement Features, the City may remove or reasonably relocate the Landscape and Decorative Pavement Features at its sole cost. If any of the Landscape and Decorative Pavement Features are relocated, City and Schaefer Ranch shall execute a modification to this Agreement to reflect the maintenance and operations of the relocated Landscape and Decorative Pavement Features; provided, however, that the City and Schaefer Ranch shall be under no obligation to relocate any of the Landscape and Decorative Pavement Features. 10. Insurance: Schaefer Ranch shall obtain and maintain in effect a combined single limit policy of liability insurance of not less than one million dollars which covers the Landscape and Decorative Pavement Features and identifies the City as an additional named insured. 11. Indemnification: Schaefer Ranch shall indemnify, defend and hold the City harmless from any and all loss, claims, liability, damage or expense (collectively, "Costs ") City may incur or become liable for, or for which a claim is made by a third party, due to or arising out of Schaefer Ranch's construction, maintenance or operations of the Landscape and Decorative Pavement Features, unless such Costs are due to or arising out of the solenegligence, gross negligence or willful misconduct of the City, its agents, contractors or employees, or the criminal conduct of third parties. Any assignment by Schaefer Ranch of its rights and obligations under this Agreement pursuant to the assignment provisions below, shall not include an assignment of Schaefer Ranch's obligation to indemnify the City for Costs arising from Schaefer Ranch's construction of the Landscape and Decorative Pavement Features. 12. Run With The Land: The rights and obligations of the parties set forth in this Agreement, unless assigned pursuant to the assignment provisions herein, shall run with and burden the Property, and shall be binding on and for the benefit of the Property and all persons or entities acquiring any interest in the Property. 13. Rights to Assign: Schaefer Ranch may assign some or all of its rights and obligations, for the operation and maintenance of portions of or all of the Landscape and Decorative Pavement Features, under this Agreement to the Association, and City now acknowledges and approves such assignment. Schaefer Ranch and the Association may also assign some or all of their rights, interests and obligations WDEVELOPMENT, PRIVATE \Schaefer Ranch\Agreements\Long Term Enc Agreement TR6765 & TR8000\FINAL Schaefer Ranch LongTermEncroachment Agreement.doc Page 4 of 6 5/6/2013 under this Agreement to a third party (excluding the Association), but no assignment to such third party shall occur without prior written notice to City and approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. Upon any assignment described in this paragraph, Schaefer Ranch shall be released from all obligations and liabilities provided herein pertaining to those rights, obligations, and Features assigned. 14. Successors and Assigns: Each reference to the "City" in this Agreement is deemed to refer to and include the City and all successors and assignees of City. Except as otherwise provided, all references to "Schaefer Ranch" in this Agreement are deemed to refer to and include Schaefer Ranch Holdings, LLC and all successors and assignees of Schaefer Ranch Holding, LLC including the Schaefer Ranch Homeowners Association. 15. Notices: Any notices, requests, demands or other communications required or permitted to be given under this Agreement must be in writing and will 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 Attn: City Manager 100 Civic Plaza Dublin, California 94568 Telephone No. 833 -6650 Fax No. (925) 833 -6651 Owner: Schaefer Ranch Holdings, LLC Attention: President 4061 Port Chicago Highway, Suite H Concord, California 94520 Telephone No. (925) 682 -6419 Fax No. (925) 689 -2047 Any party may change its address for notices and consents by giving notice to the other parties. 16. 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 will continue in full effect and will not be impaired, and the parties agree to substitute for the invalid or unenforceable provision a binding provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. G:\DEVELOPMENT, PRIVATE \Schaefer Ranch\Agreements\Long Term Enc Agreement TR6765 & TR8000\PINAL Schaefer Ranch LongTermEncroachment Agreement.doc Page 5 of 6 5/6/2013 17. 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. 18. Counterparts: This Agreement may be executed in counterparts, each of which is, for all purposes, deemed an original and all such counterparts, taken together, constitute one instrument. The foregoing Recitals are true and correct and are made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY: City of Dublin, a municipal corporation Joni Pattillo, City Manager Date: ATTEST: Caroline Soto, City Clerk Date: 2032052.2 OWNER: Schaefer Ranch Holdings, LLC a California limited liability company By: Its managing member, Schaefer Ranch Development, Inc., a California corporation Typed or Printed Name Title Date (Attach Notary Acknowledgment) WDEVELOPMENT, PRIVATE \Schaefer Ranch\Agreements\Long Term Enc Agreement TR6765 & TR8000\FINAL Schaefer Ranch LongTermEncroachment Agreement.doc Page 6 of 6 5/6/2013 I M4t.1 :Ifcl INI►\ /life MOM LVA �u Z W i a s. r 7 µµµ¢e7 / •- W A O x I U � 1 a6 �d �a7 wiz z w a An�qa ww Up� 1 kl o 0 ?, ra / ��'b� i U UZ S