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Home My WebLink About4.03 Sorrento East Tr 7982or 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL June 4, 2013 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -60 SUBJECT: Approval of the First Amendment to Agreement for Long Term Encroachment for Landscape Features with Sorrento East Tract 7982 (SR Structured Lot Options I, LLC) Prepared by Jayson Imai, Senior Civil Engineer EXECUTIVE SUMMARY: SR Structured Lot Options I LLC, a Delaware Limited Liability Company (SR Structured Lot Options), and the City of Dublin previously entered into an Agreement for Long Term Encroachment for Landscape Features with Sorrento East Tract 7982, dated March 1, 2011 (Agreement). SR Structured Lot Options has now executed and filed with the City of Dublin a First Amendment to the Agreement to include the landscape area located within the public right - of -way along the Lockhart Street frontage of Kolb Elementary School as a Landscape Feature covered by the Agreement. FINANCIAL IMPACT: There is no financial impact to the City by approving the First Amendment to the Agreement. SR Structured Lot Options, or its assignee, will be responsible for maintaining the additional project - related Landscape Features within the public rights -of -way. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving the First Amendment to the Agreement for Long Term Encroachment for Landscape Features with Tract 7982. Submitted By Director of Public Works DESCRIPTION: Reviewed By Assistant City Manager SR Structured Lot Options I LLC, the developer of Sorrento East Tract 7982 and the City of Dublin previously entered into an Agreement for Long Term Encroachment for Landscape Features (Agreement). This Agreement was entered into to satisfy Conditions of Approval Page 1 of 2 ITEM NO. 4.3 approved by Planning Commission Resolution No. 10 -09 on March 9, 2010. The City Council approved this Agreement with Resolution No. 21 -11 on March 1, 2011. The Agreement now needs to be amended to include the landscape area within the public right - of -way along the Lockhart Street frontage of the Kolb Elementary School parcel. Per the Agreement, SR Structured Lot Options, or their assignee, would be responsible for the maintenance of these additional landscape improvements, including the planter strip and street trees. Staff has prepared a Resolution Approving the First Amendment to Agreement for Long Term Encroachment for Landscape Features with Tract 7982 (Attachments 2 and 3). NOTICING REQUIREMENTS /PUBLIC OUTREACH: Public noticing occurred development. A copy of tl ATTACHMENTS: 1. 2. 3. as part of the Tentative Map process for the Sorrento East its Staff Report has been provided to SR Structured Lot Options. Location Map Resolution Approving the First Amendment to Agreement for Long Term Encroachment for Landscape Features with Tract 7982 Exhibit "A" to Resolution, First Amendment to Agreement for Long Term Encroachment for Landscape Features with Tract 7982 Page 2 of 2 RESOLUTION NO. -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FIRST AMENDMENT TO AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 7982 WHEREAS, the Owner, SR Structured Lot Options I LLC, a Delaware Limited Liability Company, and the City of Dublin previously entered into an Agreement for Long Term Encroachment for Landscape Features with Tract 7982, to satisfy Conditions for Approval approved by Planning Commission Resolution No. 10 -09 on March 9th, 2010; and WHEREAS, the City Council previously approved the Agreement for Long Term Encroachment for Landscape Features with Tract 7982 with Resolution No. 21 -11 on March 1, 2011; and WHEREAS, said Conditions of Approval required the Owner 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 the First Amendment to Agreement for Long Term Encroachment for Landscape Features with Tract 7982, attached hereto as Exhibit "A," to include the maintenance of the landscape area within the western right -of -way of Lockhart Street along the Kolb Elementary School parcel, as a Landscape Feature; 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 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 4th day of June, 2013. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk 1590866.1 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 FIRST AMENDMENT TO AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 7982 This First Amendment 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 SR Structured Lot Options I LLC, a Delaware Limited Liability Company, hereinafter referred to as "Owner." RECITALS A. City and Developer are parties to that certain "Agreement for Long Term Encroachment for Landscape Features with Tract 7982" ( "Agreement "), approved by City Council Resolution No. 21 -11 on March 1, 2011. B. By this Amendment, the parties wish to add the construction and maintenance of the landscape area within the City's right of way at the west side of Lockhart Street along the eastern frontage of the school site parcel 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: Owner, as part of developing its Sorrento East Project, will be constructing project related landscape features within the City's rights of ways on Palermo Way, Lee Thompson Street, Capoterra Way, Grafton Street, Lockhart Street, Gleason Drive and Central Parkway (collectively, the "Landscape Features "). The specific location and description of these project related Landscape Features are shown on Exhibit A attached hereto and incorporated herein by reference. Construction details for these Landscape Features are shown on the Tract 7982, Sorrento East Backbone Streets, Landscape Plans, prepared by R3 Studios and approved by the City, and Tract 7651 Sorrento East, Landscape Improvements for Palermo Way at Lockhart Street Plans, prepared by R3 Studios, dated November 21, 2008, approved by the City for Tract 7651. Section 2. Exhibit 1 to this Amendment is hereby attached to the Agreement as a new Exhibit "A" Section 3. 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 0 Name: Title: Title: kxj%r N-kw�k GADEVELOPMENT. PRIVAMDUblin RanchlSorrento-Easffract 7982-Backbone\First AniendmentotAgrcement for Long Term Ener AgreementDOC N -- r) State of County of MIIIOUVAL On K �O ZgLQ) before me. (hisen name of notary) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose narrie(s) is/are subscribed to the within instrunient and acknowled-, ed to me that he/she/they executed the sane in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certif),, tinder PENALTY OF PERYURY under the laws of the State of )�=" that the fot,egoing paragraph is true and correct. WITNESS my hand and official seal. Signature- L6-1'�.d' C- (Seal) C & 975263,0110C OTA R C) 41, �A iS Or von' 001111MMIOO SORRENTO EAST Ar DUBLIN RANCH Dublin, California a k k i LEGEND IMPROVEMENTS WITHIN PUBLIC R/W ® TO BE MAINTAINED BY MASTER HOA ENTRY MONUMENT WITHIN PUBLIC R/W TO BE MAINTAINED BY MASTER HOA NOTE: SIDEWALKS SURROUNDING THIS TRACT WITHIN PUBLIC R/W ARE TO BE MAINTAINED BY ADJACENT NEIGHBORHOOD HOA. N O R T H t (N, T, S.) GLEASON DRIVE 3 3 � s 'I IF i� -p= y ,1 NJ it r PEDESTRIAN OVA ComhiLTNITY RFCREATION FACILITY WA LANDSCAPE POP -OUTS ,ALONG PARK'S FRONTAGE TO BE MAINTAINED BY MASTER HOA NEIGHBORHOOD PARK pp LEIZIAO NVAY LANDSCAPE POP_0I'F ALONG WAY SOUT1� SIDE OF QALERM SCIAOOL AND IN FRONT OF OOD PARK TO BE I`IE1Gl1BOItH SY MASTER 140A MAIN I.A1Nf D ELEMENTARY SCHOOL 10 u x O r r Vo 4 w� �r N �KaY85�mps EXHIBIT "A" �Su1 P�LU=u.Ox, fi. 4=:A8 {'JtSj Z]5 -069 LONG -TERM ENCROACHMENT AGREEMENT PR03ECrMMBEP, 393949 SORRENTO EAST - TRACT 7982 SCALE: N.T.S. DATE ISSUED: F&=yO9,1911