HomeMy WebLinkAboutReso 104-15 Dublin Ranch Subarea 3 LTE RESOLUTION NO. 104 - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT
FOR LANDSCAPE FEATURES FOR TRACT 8171, DUBLIN RANCH SUBAREA 3,
PHASE ONE
WHEREAS, a Vesting Tentative Map for Tract 8171, Dublin Ranch Subarea 3, Phase One
was approved by Planning Commission Resolution No. 14-20 on April 29, 2014 and City Council
Resolution No. 66-14 on May 20, 2014 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 with Tract 8171, Dublin Ranch Subarea 3, Phase
One, attached hereto as Exhibit A, which will be recorded against the property concurrently with the
Tract 8171 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 June, 2015, by the following vote:
AYES: Councilmembers Biddle, Gupta, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: Councilmember Hart
ABSTAIN: None
ATTEST: Mayor
I elm -h1 City Cler
Reso No. 104-15, Adopted 6-16-15, Item 4.8 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 8171 — DUBLIN RANCH SUBAREA 3, PHASE ONE
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH TRACT 8171 ("Agreement") is made between the City of Dublin("City")
and Lennar Homes of California, Inc., A California Corporation ("Owner").
1. Property: The subject property is Tract 8171 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 8171, Dublin Ranch Subarea 3,
Phase One ("Project").
3. Landscape Features: Owner, as part of the Project, anticipates the construction
of Project related landscape features (including concrete sidewalks)within the
City's rights of ways on the Central Parkway and Fallon Road, with Tract 8171
(the "Landscape Features"). Construction details for these Landscape Features
are shown on the Irongate Off-site Plans for Phase 1 — Tract 8171, Dublin, CA,
prepared by R3 Studios, approved by the City in June 2015. 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.
5. Ownership: Owners shall own all special Landscape Features. "Special
Landscape Features include but are not limited to monuments, walls, arches,
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benches, irrigation, etc. as shown on the Landscape Plans listed above in Section
3. Owner does not own the concrete sidewalk.
6. Operations and Maintenance: Owner shall maintain and repair all the
Landscape Features and Landscape improvements,including all frontage
landscape plantings, irrigation, sidewalks, street trees and stormwater treatment
measures 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 sidewalk, 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 8171 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 Lennar Homes of California, Inc, a California Corporation, and all
successors and assigns Lennar Homes of California, Inc, a California Corporation.
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:
Lennar Homes of California, Inc., A California Corporation
6111 Bollinger Canyon Road, Suite 550
San Ramon, CA 94583
Fax No. (925) 242-0837
Attn: Michael Snoberger
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 the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot
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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 , 2015.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
City Manager
OWNER:
Lennar Homes of California, Inc., a California Corporation
By:
Name: Gordon D. Jones
Title: Vice President
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RESOLUTION NO. — 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING PARK LAND DEDICATION IN-LIEU CREDITS AND DEDICATION OF PARK
LAND FOR PARK LAND DEDICATION REQUIREMENTS FOR
TRACT 8171, DUBLIN RANCH SUBAREA 3, PHASE ONE
WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider
of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map,
dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and/or
recreational purposes; and
WHEREAS, the Developer, Lennar Homes of California, Inc., a California
Corporation, is filing Tract 8171 Final Map to develop 175 residential dwelling units on 175
lots; and
WHEREAS, the Park Land requirements for the project, based on the requirements of
the Municipal Code and the designated land use for Tract 8171 are 1) Dedication of 1.225
acres of Community Park Land or payment of $1,401,050 in Community Park Land In-Lieu
Fees; and 2) Dedication of 0.525 acres of Neighborhood Park Land or payment of $707,700
in Neighborhood Parkland In-Lieu Fees; and
WHEREAS, Developer will satisfy the Community Park Land Dedication requirement
through the use of existing Community Parkland credits in the amount of$1,401,050; and
WHEREAS, Developer will satisfy the Neighborhood Park Land Dedication
requirement through the dedication of a 2.00 acre Neighborhood Park within Tract 8171;
NOW, THEREFORE, BE IT RESOLVED that the use of existing Community Parkland
credits in the amount of $1,401,050 and dedication of 2.00 acres of Neighborhood Parkland
are hereby accepted as performance of said subdivider's obligation under Subdivision
Requirements in Chapter 9.28 of the Dublin Municipal Code.
PASSED, APPROVED AND ADOPTED this 16th day of June, 2015, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
1
Mayor
ATTEST:
City Clerk
2