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HomeMy WebLinkAboutItem 3.2 GHAD S R Long Term EncroachSTAFF REPORT DISTRICT CLERK SCHAEFER RANCH File #600 -35 GEOLOGIC HAZARD ABATEMENT DISTRICT DATE: July 16, 2013 TO: Honorable President and Board of Directors FROM: Joni Pattillo City of Dublin City Manager""'', ".. SUBJECT: Approval of Agreement for Long -Term Encroachment for Landscape Maintenance within Geologic Hazard Abatement District (CHAD) Parcels 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 Maintenance within the Geologic Hazard Abatement District (CHAD) parcels at Tracts 6765 and 8000 of the Schaefer Ranch development. The Agreement provides for the Schaefer Ranch Homeowners' Association to maintain project - related landscape features within the GHAD parcels. FINANCIAL IMPACT: There is no cost to the CHAD. The Schaefer Ranch Homeowners' Association will be responsible for maintaining the project - related landscape features within the GHAD parcels at Tracts 6765 and 8000. RECOMMENDATION: Staff recommends that the Board of Directors adopt the Resolution approving the Agreement for Long Term Encroachment for Landscape Maintenance within the Geologic Hazard Abatement District Parcels at Schaefer Ranch Tract 6765 and Schaefer Ranch Unit 2, Tract 8000 with Schaefer Ranch Holdings, LLC. Submitted By Interim District Manager �?14 Reviewed By Assistant City Manager Page 1 of 2 ITEM NO. 3.2 DESCRIPTION: 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 Maintenance (Agreement). The Agreement provides for the developer to maintain project - related landscape within the Geologic Hazard Abatement District (CHAD) parcels, including planter strips and street trees at the following locations (Attachment 1): • Parcels E, F, G, H, L and U of Tract 6765 • Parcels A, A -1 and C of Tract 8000 As allowed by the Agreement, the developer has assigned maintenance responsibility of said landscape features to the Schaefer Ranch Homeowners' Association. Staff has prepared a Resolution approving the Agreement for Long Term Encroachment for Landscape Maintenance within the Geologic Hazard Abatement District Parcels at Schaefer Ranch Tract 6765 and Schaefer Ranch Unit 2, Tract 8000 with Schaefer Ranch Holdings, LLC (Attachments 2 and 3). NOTICING REQUIREMENTS /PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process for the Schaefer Ranch development. Copies of this report have been provided to Schaefer Ranch Holdings, LLC. ATTACHMENTS: 1. Location Map 2. Resolution Approving the Agreement for Long -Term Encroachment for Landscape Maintenance within the Geologic Hazard Abatement District Parcels at Schaefer Ranch Tract 6765 and Schaefer Ranch Unit 2, Tract 8000 3. Exhibit "A" to Resolution, Agreement for Long Term Encroachment Page 2 of 2 ®Q ✓ ann. xw.®, wvi.,. �. runeae.. nn .fana.,R...rmaviaru..no...rraa .rs.. � �a�i SCHAEFER RANCH GHAD RESOLUTION NO. - 13 A RESOLUTION OF THE BOARD OF THE SCHAEFER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT APPROVING AN AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE MAINTENANCE AT SCHAEFER RANCH TRACT 6765 AND SCHAEFER RANCH UNIT 2, TRACT 8000 WHEREAS, this Resolution is adopted pursuant to the provisions of Division 17 (Section 26500 et seq.) of the Public Resources Code, entitled "Geologic Hazard Abatement Districts" ( "the GHAD law "); and 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 features within the Schaefer Ranch Geologic Hazard Abatement District parcels; 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 installed landscape features within the Schaefer Ranch Geologic Hazard Abatement District parcels in accordance with the approved plans for Tract 6765 and Tract 8000; and WHEREAS, the Developer is required to maintain these landscape improvements; and WHEREAS, the Developer has executed and filed with the Board of the Schaefer Ranch Geologic Hazard Abatement District an Agreement for Long Term Encroachment for Landscape 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 the Board of Directors of the Schaefer Ranch Geologic Hazard Abatement District approves the Agreement. BE IT FURTHER RESOLVED that the District Manager is hereby authorized to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this District is hereby directed to transmit said Agreement to the County Recorder for filing. BE IT FURTHER RESOLVED that the District Clerk shall certify the adoption of this Resolution. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon adoption. PASSED, APPROVED AND ADOPTED this 16th day of July, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: District Clerk Board President 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 MAINTENANCE a RANCH TRACT 6765 AND SCHAEFER RANCH UNIT 2 TRACT 8000 This AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE 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 Schaefer Ranch Geologic Hazard Abatement —Distfict,a political subdivision of California, hereinafter referred to as "GRAD" and Schaefer Ranch Holdings, LLC, a California Limited Liability Company hereinafter referred to as "Schaefer Ranch". L EEqperty: 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 I through 51, in the Official Records of the County of Alameda; and Tract 8004 O as filed in Book 323 of Maps at Pages 29 through 37, in the Official Records of the County of Alameda, 2. P�g Io )e�r: Schaefer Ranch is the master developer of Tract 6765 and Tract 8,000 ("Property") and is constructing residential units on the property (the "Project"). 3. Schaefer Ranch Geol Ac Hazard Abatement District: Within the Property, the CHAD is or will be the owner of Parcels E, F, G, 1-1, L and U of Tract 6765 and Parcels A, A-1, B, C, D and E of Tract 8000 (" "CHAD Parcels,"). 4. Association: Schaefer Ranch Homeowners Association ("Association") is a California nonprofit Mutual benefit corporation formed to manage common interest elements within the Project. CiAGHAM01 - Schaefer Rmich GliAD\Agreeiiieiits\Lojig'Fenix Enc AgreementTINAL Schaefer GHAD Ung Term Encroachment Agreemew 06-27-2013.doc Rage I of 6 6/27/2013 5. LadandqsIcOR)Le Feat,ut-es Schaefer Ranch, as part of developing the Project, has Feat, or will construct landscaping (turf, ground cover, shrubs and trees, decorative walls and fences) and has installed or will install irrigation equipment within portions of or all of tile following GHAD Parcels as shown in Exhibit A, attached hereto and incorporated herein by this reference: • Parcels E, F, G, H, L and U of Tract 67'65 • Parcels A, A-1 and C of Tract 8000 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 oil file at the City, which Plans are incorporated herein by this reference: • Lcnld�scq e Inljvroi�einent Sleevit Plcurs SchqeLer RqncA,_&ltcre r i rrrtcla Road and Dublin Bmdeva•d, Troct 6765, Dublin Cal ifornia (4 Sheets: SLV1- SLV4) prepared by Millennium Design & Consulting, Inc, Approved on 9/7/07; • Landscape Architectural D•aivin s — Dublin Bouletwrd Schae - Ranch _Lel, Road cind Road 'A. Tract 676-5 Strppq, ublin, (111i&rniq (38 Sheets: c L1 -L38) prepared by Nuvis Landscape Architecture & Planning, Approved on 10/8/07; and • LmLdu-cape Architectural D•awinks, 5'Chqe car _bench — T)-oct 6765 ratty Plans, QiLb irr, Ccrllf�rr�rr (26 Sheets: LI-L26) prepared by Nuvis Landscape Architecture & Planning. Approved on 10/3/07; and • Landsc we Architectural Coll stri tetion Documents — Scha (el�- Ranch Ullit 2 Tract 8000, Dy�Llirr crlr crr�r� (21 Sheets: L1 -L21) prepared by MD Fotheringharn Landscape Architect, Inc. Approved on 12/12/12, 6. Encroachment Pernij Schaefer Ranch has applied or will apply to L, D lFernlit, . the CHAD for an encroachment permit for the construction, operation and long-term maintenance of the Landscape Features. The CHAD shall grant the encroachment porn-fit for all work to install, operate and maintain the Landscape Features. if there is a conflict between any provisions of this Agreement and the encroachment permit, the provisions of this Agreement shall prevail over tile conditions of the encroachment permit, 7. OwiiershjE, Schaefer Ranch shall own the Landscape Features except for any portions thereof that are transferred to the Association, 8. Schaefer Ranch shall maintain and repair, at its sole cost and expense, all elements of the Landscape Features in a safe manner consistent with the approved plans and to tile reasonable satisfaction of tile GLAD, including the costs of electric power and water. Provided that the GLAD, tile 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 Features damaged or GAGHAM01 -Schaefer Ranch GHAD\Agreements^,Long Term Eire: AgreernentTINAL Schaefer GHAD Long Term EncroaChIlleffi Agreement 06-27-2013,doc, Page 2 of 6 6/27/2013 removed during the maintenance or repair of sewer, water, drainage or utility improvements by the GHAD, 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 GHAD, the Dublin San Ramon Services District or other authorized utility company, or by the criminal conduct of third parties. The GHAD 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 Features within the GHAD Parcels 9. Removal ot- Relocation: If future improvements proposed by the GHAD conflict with any Landscape Features, the GHAD may remove or reasonably relocate the Landscape Features at its sole cost. If any of the Landscape Features are relocated, the GHAD and Schaefer Ranch shall execute a modification to this Agreement to reflect the maintenance and operations of the relocated Landscape Features; provided, however, that the GHAD and Schaefer Ranch shall be under no obligation to relocate any of the Landscape 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 Features and identifies the GHAD as an additional named insured,. 11. Mdermiffication: Schaefer Ranch shall indemnify, defend and hold the GHAD harmless from any and all loss, claims, liability, damage or expense (collectively, "Costs") the GHAD 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 Features, unless such Costs are due to or arising out of the sole negligence, gross negligence or willful misconduct of the GHAD, 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 HAD for Costs arising from Schaefer Ranch's construction of the Landscape 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. 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 Features under this Agreement to the Association, and the GHAD now acknowledges and approves such assignment, Schaefer Ranch and the Association may also assign some or all of their, rights, interests and obligations under this Agreement to a third party (excluding the Association), but no assignment to such third party shall occur without prior written notice to the GHAD and approval by the GHAD Manager, which approval shall not be unreasonably withheld, GAGHAD\01 - Schaefer RaiictiGHAD AgreeiiieiiisVLongTefin Eric Agi-eeiiieiit%F�INALSell;iefer GRAD Lotig Tenn EjicroacliiiieiitAgreeTilelit 06-27-2013,doc Page 3 of 6 6/27/2013 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 Ass Each reference to the "GHAD" in this Agreement is deemed to refer to and include the GHATS and all successors and assignees of the GHAD. 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: CHAD: Schaefer Ranch CHAD Attn: CHAD Manager 100 Civic Plaza Dublin, California 94568 Telephone No, (925) 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: 11" 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. 17. Entire kL-AAmMok This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and cannot be GAGHAD\01 - Schaefer Ranch CilAAD\Agreeiiieiils\torigTerTriEnc Agree menAFIN ALScliieferGHADLoiigTeniiEncroaclinieiit Agreernew 06-27-200,doc Page 4 of 6 6/27/2013 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, deerned an original and all such counterparts, taken together, constitute one instrument. GAGHAD\01 - Schaefer Ranch GHAD\AgTeenicnt0Long'Ferm Enc AgreementTINAL, Schaefer GHAD Long Term Encroachment Agreement 06-27-2013,doc Page 5 off 6/27/20 t 3 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, GHAD: Schaefer Ranch Geologic Hazard Abatement District, a political subdivision of California By: District Manager Date: ATTEST: By: District Clerk Date: 2032052.2 OWNER: Schaefer Ranch Holdings, LLB" a California limited liability company By: Its managing member, Schaefer Ranch Development, Inc., a California corporation LIM Typed or Printed Name Title Date M= GAGHAM01 - Schaefer Ranch GHAMkgreementsUong Terni Enc AgreemenITINAL Schaefer CHAD Long Term Encroachnimt Agreemmit 06-27-2013,doc Page 6 of 6 6/27/2013 qI iiaTdvms J,,MmiSr Mhann a. �. 9�fbM'Y"3'�9