HomeMy WebLinkAboutReso 139-15 Tribeca LTE RESOLUTION NO. 139 - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT
FOR LANDSCAPE FEATURES FOR TRACT 8167, TRIBECA
WHEREAS, a Vesting Tentative Map for Tract 8167, Tribeca was approved by City Council
Resolution No. 151-14 on September 2, 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 8167, Tribeca, attached hereto as
Exhibit A, which will be recorded against the property concurrently with the Tract 8167 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 18th day of August, 2015, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None „ -- f;1‘ABSTAIN: None Icy L �`�
ATTEST:
()Xwt") l
City Clerk
Reso No. 139-15, Adopted 8-18-15, Item 4.9 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 8167—DUBLIN TRANSIT CENTER SITE A-1 -TRIBECA
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH TRACT 8167 ("Agreement") is made between the City of Dublin ("City")
and Pulte Home Corporation, A Michigan Corporation ("Owner").
1. Property: The subject property is Tract 8167 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 8167, Dublin Transit Center Site A-1,
Tribeca("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 Dublin.Boulevard and Campbell Lane with Tract
8167 (the "Landscape Features"). Construction details for these Landscape
Features are shown on the Landscape Improvement Plans for Dublin Transit
Center, Tribeca Tract 8167(Site A-1), prepared by R3 Studios, approved by the
City. The scope of the improvements covered under the agreement is shown on
the attached Exhibit"A".
4. Encroachment Permit: Owner 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: Owner shall own all special Landscape Features. "Special
Landscape Features include but are not limited to monuments, walls, arches,
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, 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
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 Owner 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: Owner 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: Owner 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: Owner may assign any or all rights, interests and obligations of
Owner arising under this Agreement to the Homeowners' Association for Tract
8167 or to a successor in interest of Owner with respect to all or a portion of the
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Project; provided, however, that no such assignment of Owner's 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 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 Pulte Home Corporation, a Michigan Corporation, and all successors and
assigns of Pulte Home Corporation, a Michigan 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:
Pulte Group
Northern California Division
6210 Stoneridge Mall Road, 5th Floor
Pleasanton, CA 94588
Attn. Andy Cost, Director of Land Development
Phone No. (925) 249-4327
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.
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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 , 2015.
CITY:
THE CITY OF DUBLIN,
a Municipal Corporation
By:
City Manager
OWNER:
Pulte Home Corporation, a Michigan Corporation
By:
Name: A
Title: 1 -
1809818.1
4
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On July 22, 2015, before me, Jeanne Miller,Notary Public
(here insert name and title of the offieer)
Personally appeared Andy Cost
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/hor signature on the instrument the person, or the
entity upon behalf of which the person 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.
�n. JEA ARIL
WITNESS my hand and official seal. t ► ComrnleNNE edon 4*210LER 6546
a �� Notar PubIGc-Cal6fornia
a i Alameda County
i z
M Comm.Ex lres Ma 9,2019
( / Signature
(Seal)
2294-00169\FORM\1224230.1
10/1/14
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