HomeMy WebLinkAboutReso 29-14 Connolly Station LTC RESOLUTION NO. 29 - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG-TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH PARCEL MAP 10027, CONNOLLY STATION
WHEREAS, a Vesting Tentative Map for Parcel Map 10027 — Connolly Station was
approved by Planning Commission Resolution No. 06-009 on October 24, 2007, 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 said landscape features; and
WHEREAS, the improvements, including said landscape features, are complete in
accordance with the plans on file with the City Engineer, and any approved modifications
thereto, to the satisfaction of the City Engineer; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement
for Long-Term Encroachment for Landscape Features with Parcel Map 10027, Connolly
Station, attached hereto as Exhibit A, which will be recorded against the property;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approve the said Agreement and authorize the City Manager 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 18th day of March, 2014, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
.cam..
Inz,j‘
ATTES / Mayor
City Clerk
Reso No.29-14,Adopted 3-18-14, Item 4.6 Page 1 of 1
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 10027,
CONNOLLY STATION
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH TRACT 10027("Agreement")is made between the City of Dublin("City")
and Essex Dublin Owner,L.P.("Owner").
1. ,Pronerty: The subject property is Tract 10027 as filed in Book 318 of Maps at
Pages 14-18,in the Official Records of the County of Alameda, State of
California,
2. Developer: Developer is the Owner of Tract 10027,Connolly Station
("Project").
1 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 with Tract 10027;ST.Patrick Way and Golden Gate Drive
(collectively,the"Landscape Features"), Construction details for these
Landscape Features for"Golden Gate Drive"are shown on the Landscape Plans
for Golden Gale Drive Slreelscape Improvements,prepared by Hansen&Mcardle
landscape architecture and"St.Patrick Way"are shown on the Landscape Plaits
prepared by the Guzzardo Partnership Inc.,approved by the City. The scope of
the improvements covered under the agreement is shown on the attached Exhibit
4. Encroachment Perndt; 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 sidewalk,plantings,irrigation,street trees,etc.
6. Operations and Maintenance:, Owners shall maintain and repair all the
Landscape improvements,including all frontage landscape plantings,irrigation,
sidewalks,and street trees 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.Owner will be responsible
at its sole cost to replace or repair any Landscape Feature damaged or removed
I
during the maintenance or repair of sewer,water,drainage or utility
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,and
streetlights in the public right of way.
7. Regan'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. loggings. Owners shall obtain and maintain ht 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 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 me 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 wlllf�il
misconduct of the City,its agents,contractors or employees.
10. Permanent: The Landscape Features and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity,and are appurtenant to the
Property.
11. Right tout g : Owners may assign any or all rights,interests and obligations
of Owners arising under this Agreement to the Homeowners'Association for
Tract 8140 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. The City Manager shall
consider and decide on any assignment within ten(10)days after Owner's notice
thereof;provided all necessary documents and other information are provided to
the City Manager to enable the City Manager to assess the assignment.
12. Successors and Assigbst Each refbrence 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 Essex Dublin Owner,L.P.
2
13. Notices: Any notices,requests,demands or other communications required or
pennitted 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:
City:
City of Dublin
100 Civic Plaza
Dublin,California 94568
Fax No.(925)833-6651
Attn:City Manager
Owner:
Essex Dublin Owner,L.P.
925 B Meadow Dr.
Palo Alto,CA 94303
Fax No:(650)494-1671
Attn:Deanna Chalfant
•
14. Exhibits:.All exhibits attached to this Agreement are incorporated herein as
though they were set forth in Hill body of this Agreement.
15. partial Invaliditv. 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 NI 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. Counternarts. This Agreement may be executed in one or more counterparts,
each of which shall,for all purposes,be deemed an original and all such
counterparts,taken together,shall constitute one and the same instrument.
3
Dated this 3rd day of March,2014.
CITY:
THB CITY OF DUBLIN,
a municipal corporation
By:
City Manager
OWNER:
Essex Dublin Owner,L.P.,
a California limited partnership
By: Essex Dublin GP,L.P.,
a Delaware limited partnership,
its general partner
By: Essex Management Corporation,
a California corporation,
its general partner
•
B
Y:
Its:
1809818.1
4
ACKNOWLEDGMENT
State of California
County of Santa Clara
On March 3, 2014 before me, Ellaa M.Taylor, Notary Public
(Insert name and title of the officer) •
personally appeared John Eudy
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Is/are
subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In
his/her/their authorized capacity(les),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 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
1117 '. "Ti'
WITNESS my hand and official seal. Woken♦Well
•• ' Homy Peak•odirt Na
Slab fit'oorhry
Nov ore,
Signature , (Seal)
•
•
•
•
GOLDEN GATE DR. milems
• ••
/ 1 ii • :
4 .+. .....a.•�••• ••• ■ NW.••••••••••• •1••••••••.o+. __• •• • ne �••� ical
•....L ht.1...talaSSEN/f//=P./•••■••••••••••■111....■E...___ ' .SCOPE OF PUBLIC IMPROVEMENTS COVERED •
wc . • UNDER AGREEMENT.DEVELOPER MAINTENANCE —
i R SPONBIBE ITIESDONOTEXTENDTOMAINTAWNE
1 r? s l THE PUBLIC IRRIGATION SERVICE OR SYSTEM ON I 1
GOLDEN oATE CRIVa
1
I 11 1 1
lam r
1 ao o so too �.., L =
ill
imil
•1
1 i
li
■ I 1j7 —.1—%
_-==.I -.:.—r'
. . `r ..... _ ' i
1
1
li arms
\ ,,
Q. --
op 21 ,,
1
1
BKF ENGINEERS EXHIBIT A
2/28/14 CONNOU.Y STATION