HomeMy WebLinkAboutReso 143-15 Wallis Ranch Tr 8252 LTE RESOLUTION NO. 143 - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT
FOR LANDSCAPE FEATURES FOR TRACT 8252, WALLIS RANCH
WHEREAS, a Master Vesting Tentative Map for Tract 7515 for the project known as Wallis
Ranch was approved by City Council Resolution No. 68-14 on May 20, 2014, with Conditions of
Approval; and
WHEREAS, the Final Map for Tract 8252 is a subdivision of Tract 7515, and subject to the
Conditions of Approval set forth for Vesting Tentative Map Tract 7515; and
WHEREAS, said Conditions of Approval require the developer to construct project-related
landscape features within the public rights-of-ways; and
WHEREAS, said Conditions of Approval require 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 8252, Wallis Ranch, attached hereto as
Exhibit A, which will be recorded against the property concurrently with the Tract 8252 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 1st day of September, 2015, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
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ATTEST: Mayor
it? c4
City Clerk
Reso No. 143-15, Adopted 9-1-15, 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 8252,
WALLIS RANCH
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH TRACT 8252 ("Agreement") is made between the City of Dublin("City")
and DEVELOPMENT SOLUTIONS WR, LLC, a Delaware Limited Liability Company
("Owner").
1. Property: The subject property is Tract 8252 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 8252, Wallis 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 8252: Wallis Ranch Drive and Rutherford Drive
(collectively, the"Landscape Features"). Construction details for these
Landscape Features are shown on the following plan sets approved by the City on
(the "Plans").
• Improvement Plans—Backbone Infrastructure - Wallis Ranch, prepared by
MacKay& Somps
• Landscape Plans—Backbone— Tract 8252— Wallis Ranch, prepared by Gates
& Associates
The scope of the Landscape Features covered under the Agreement is shown on
the attached Exhibit"A". For purposes of this Agreement, the term"Landscape
Features" shall not include those improvements owned and/or maintained by the
City, as set forth in Section 6 below.
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
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the encroachment permit for all work to install, operate and maintain the
Landscape Features improvements, and all the conditions imposed by the City, if
any, must be consistent with the provisions of this Agreement and the Plans. If
there is a conflict between any provisions of this Agreement and the
encroachment peiniit, the provisions of this Agreement shall prevail over the
conditions of the encroachment permit.
5. Ownership: Owner shall own all special Landscape Features, including but not
limited to monuments, walls, sidewalks, arches, fences, benches, irrigation, trees,
tree wells and landscaping as shown on the Plans except as provided in Section 6
below.
6. Operations and Maintenance: Owner shall maintain and repair all the
Landscape Features, including all frontage landscape plantings, irrigation,
sidewalks,tree wells and street trees within the designated areas, in a safe manner
consistent with the approved Plans 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 or any of their officers,
officials, directors, agents, volunteers, contractors or employees. The City will
own and maintain at its sole cost and expense all asphalt concrete pavement,
concrete curb and gutter, drainage improvements, traffic signs and striping, and
streetlights in the public right of way, all of which shall not be included as
Landscape Features for purposes of this Agreement.
7. Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features, following at least ten (10) business days prior
written notice to Owner, the City may remove or reasonably relocate the
Landscape Features at its sole cost and expense. If any of the Landscape Features
are relocated, the City and Owner will cooperate in good faith to modify this
Agreement or enter into a separate agreement to reflect the maintenance and
operations of the Landscape Features 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
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Landscape Features unless caused by the negligence, gross negligence or willful
misconduct of the City, its officers, officials, directors, agents, volunteers,
contractors or employees. Following assignment of this Agreement to the
Homeowners' Association, in no event shall the liabilities and obligations of the
Homeowners' Association under this Agreement exceed the limits of insurance
coverage required to be carried under Section 8 above.
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
8252 or to a successor in interest of Owner with respect to all or a portion of the
Project provided that Owner provides written notice of this Agreement to the
Homeowners' Association or successor in interest and provides the City a copy of
such notice.
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 Development Solutions WR,LLC, a Delaware Limited Liability
Company, and all successors and assigns to Development Solutions WR, LLC, a
Delaware 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:
Development Solutions WR, LLC
4600 Wells Fargo Center
3
90 South Seventh Street
Minneapolis, MN 55402
Attn: General Counsel
Telephone: (612) 851-3000
Fax: (612) 851-3001
Email: notices @castlelake.com
With a copy to:
Trumark Homes LLC
4185 Blackhawk Plaza Circle, Suite 200
Danville, CA 94506
Attn: Laura O'Brien
Telephone: (925) 309-2502
Email: lobrien @tr unarkco.corn
With a copy to:
Isles Ranch Partners
60 South Sixth Street, Suite 2440
Minneapolis, MN 55402
Attn: Carol Racine
Telephone: (612) 404-3003
Email: cracine @islesranch.com
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
be amended or modified except by a written agreement, executed by each of the
parties hereto.
17. Attorneys' Fees. In the event of the bringing of any action or suit by either party
against the other in connection with this Agreement, including but not limited to
an alleged uncured material breach of this Agreement,the prevailing party shall
be entitled to have and recover of and from the other party all costs and expenses
of the action or suit including, without limitation, court costs, reasonable
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attorneys' fees, expert witness fees, and other professional fees resulting
therefrom.
18. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole benefit of the parties and their successors in interest. No other person shall
have any right of action based upon any provision of this Agreement.
19. 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:
DEVELOPMENT SOLUTIONS WR, LLC,
a Delaware Limited Liability Company
Bya,-
Judd Gilats
Vice President
Title:
1809818.1
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