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Home My WebLink AboutReso 39-15 Persimmon Place PM 10276 LTE RESOLUTION NO. 39 - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR PARCEL MAP 10276, PERSIMMON PLACE WHEREAS, a Vesting Tentative Parcel Map for Parcel Map 10276, Persimmon Place was approved by Planning Commission Resolution No. 13-40 on November 12, 2013 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 an Improvement Agreement to construct the required 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 Parcel Map 10276, Persimmon Place, attached hereto as Exhibit A, which will be recorded against the property concurrently with Parcel Map 10276. 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 7th day of April, 2015, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert NOES: None ABSENT: None ABSTAIN: None Ta4 0 ATTEST: Mayor 6,„,0 City Clerk Reso No. 39-15,Adopted 4-7-15, Item 4.2 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 PARCEL MAP 10276 PERSIMMON PLACE THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES,PARCEL MAP 10276, PERSIMMON PLACE("Agreement")is made between the City of Dublin("City") and Regency Village at Dublin,LLC ("Owner"). 1. Property: The subject property is Parcel Map 10276 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 Parcel Map 10276,Persimmon Place ("Project"). 3. Landscape Features: Owner, as part of the Project, anticipates the construction of Project related Iandscape features within the City's rights of ways on the following streets in Parcel Map 10276: Dublin Boulevard, Hacienda Drive, Martinelli Way and Arnold Road(collectively,the "Landscape Features"). Construction details for these Landscape Features are shown on the"Off-Site Civil Improvement Plans for The Village at Dublin,"prepared by Cardno and approved by the City on November 20,2014; and "New Site Improvements for Persimmon Place,"prepared by Johnson Lyman Architects and approved by the City on December 2,2014. 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. 1 5. Ownership: Owners shall own all special Landscape Features, including but not limited to fountains, arches,monuments, 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, 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 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 and any other features 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 Property-owners' Association for Parcel Map 10276,Persimmon Place 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 2 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 Regency Village at Dublin.,LLC and all successors and assigns,including but not limited to the Parcel.Map 10276,Persimmon Place Property-Owners' Association. 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: Pete Knoedler Regency Village at Dublin., LLC 2999 Oak Road#1000 Walnut Creek,CA 94597 (925)270-1800 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 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 th.e entire agreement and understanding of the parties with respect to the subject matter hereof and cannot 3 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 24 rrt day of V 4-c-rF ,2015.. CITY: THE CITY OF DUBLIN, a municipal corporation By: City Manager OWNER: Regency Village at Dublin, LLC A Delaware Limited Liability Company By: Regency Centers LP A Delaware Limited Partnership, its sole member By: Regency Centers Corporation A Florida Corpor on, its general partner Name: &J11LJ ,Vl)(&t- Title: -' 41,1 SeeAitached California All•Purposa Adalowisdgment 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 Q '•• State of California ,/ County of_ a y } ` P. 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