HomeMy WebLinkAboutReso 61-13 Schaefer Rch Unit 2 Tr 8000 RESOLUTION NO. 61 - 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.
Page 1 of 2
PASSED, APPROVED AND ADOPTED this 21St day of May, 2013, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
to--
A J
Mayor
ATTEST: �/�
PL
City Clerk
Reso No. 61-13,Adopted 5-21-13, Item 4.3 Page 2 of 2
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
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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 Refiners 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.
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 Sleevin2 Plans Schaefer Ranch, Schaefer Ranch
Road and Dublin Boulevard, Tract 6765, Dublin, California(4 Sheets: SLV1-
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: Ll-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/Seeno Street/Kelly Canyon Drive intersection
• Dublin Boulevard/Schaefer Heights Road intersection
• Marshall Canyon Drive/Ridgeline Drive intersection
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• 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,
California" (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, Tract 6765 Streetscape, Dublin, California (38 Sheets:
L1-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: Ll-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
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
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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
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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.
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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: OWNER:
City of Dublin, a municipal corporation Schaefer Ranch Holdings, LLC
a California limited liability company
By: By: Its managing member, Schaefer Ranch
Development, Inc., a California corporation
Joni Pattillo, City Manager
Date: By:
ATTEST:
Typed or Printed Name
By:
Caroline Soto, City Clerk
Title
Date:
Date
(Attach Notary Acknowledgment)
2032052.2
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