HomeMy WebLinkAboutReso 209-14 Jordan Ranch Tr 8197 LTE RESOLUTION NO. 209 - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT
FOR LANDSCAPE FEATURES FOR TRACT 8197, JORDAN RANCH, NEIGHBORHOOD 6
WHEREAS, a Revised Vesting Tentative Map Tract 8024 for the project knows as Jordan
Ranch 2 specific to Subareas 2 and 3 — Jordan Ranch was approved by Planning Commission
Resolution No. 12-23 on May 8, 2012, 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 developer has executed and filed with the City of Dublin a Tract Improvement
Agreement to construct the required Tract improvements, including said landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for
Long Term Encroachment for Landscape Features for Tract 8197, Jordan Ranch, Neighborhood 6,
attached hereto as Exhibit A, which will be recorded against the property concurrently with the Tract
8197 Final Map.
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 16th day of December, 2014, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
1*(4i\r-ir).- )6\ ' li I f
ATTEST: J ' May r
6/1/0 P ., '
City Clerk
Reso No.209-14,Adpoted 12-16-14, Item 4.4 Page 1 of 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
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8197,
JORDAN RANCH—UNIT II—NEIGHBORHOOD 6
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH TRACT 8197("Agreement") is made between the City of Dublin ("City")
and LS-SF Jordan Ranch LLC, A California Limited Liability Company("Owner").
1. Property: The subject property is Tract 8197 as filed in Book of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Developer is the Owner of Tract 8197, Jordan Ranch ("Project").
3. 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 8197; Central Parkway and Street L(collectively, the
"Landscape Features"). Construction details for these Landscape Features are
shown on the Landscape Plans for Tract 8197& 8198—Neighborhood 6 at
Jordan Ranch, prepared by Gates & Associates, approved by the City. The scope
of the improvements covered under the agreement is shown on the attached
Exhibit"A".
4. Encroachment Permit: 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.
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5. Ownership: Owners shall own all special Landscape Features, including but not
limited to monuments,walls, arches,benches, irrigation, etc. as shown on the
Landscape Plans listed above in Section 3.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape Features and 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 or Landscape Improvement damaged or removed 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. Removal 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. Insurance: Owners shall obtain and maintain in 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 made 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 willful
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 to Assign: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Tract 8197 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
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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 Assigns: Each reference 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 LS-SF Jordan Ranch LLC, A California Limited Liability Company, and
all successors and assigns LS-SF Jordan Ranch LLC, A California Limited
Liability Company.
13. Notices: Any notices, requests, demands or other communications required or
permitted 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:
Landsea Holdings
70 South Lake Avenue, Suite 1000
Pasadena, CA 91101
Attn. John Ho, Managing Director
Phone No. (626)463-7340
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. 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 shall continue in full force and effect and shall in no way be impaired
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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. Counterparts. 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.
Dated this day of , 2014.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
City Manager
OWNER:
LS-SF Jordan Ranch LLC, A California Limited Liability Company
By:
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