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HomeMy WebLinkAboutReso 100-90 R&N ParkwoodVehicleRESOLUTION NO. 100-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT WITH RAFANELLI AND NAHAS FOR PARK WOOD (VILLAGE III OF THE VILLAGES AT WILLOW GREEK) WHEREAS, the Master Declaration of Conditions, Covenants, and Restrictions for Tract 5511 provides that the Owner or, upon sale of condominium units, the Homeowner's Association, shall maintain private vehicle accessways within Village III; and WHEREAS, the Site Development Review approval for PA 89-109 Village III Park Wood requires the developer to submit a Private Vehicle Accessway Agreement for the City's approval; and WHEREAS, the Agreement attached hereto as "Exhibit A" has been reviewed and found to be acceptable to the City; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Private Vehicle Accessway Maintenance Agreement attached hereto as "Exhibit A" and authorizes the Mayor to execute said Agreement. PASSED, APPROVED, AND ADOPTED this 23rd day of July, 1990. AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder, and Mayor Moffatt NOES: None ABSENT: None Mayor ATTEST: RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City Of Dublin, City Clerk P. O. Box 2340 Dublin, CA 94568 Space above this line for Recorder's use PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT PARK WOOD - VILLAGE III TRACT 5511 ,(~p Dublin, California of th~q~ day of Rafanel'ii and Nahas, a California General Partnership (Owner) and the City of Dublin (City) is entered into with reference to the recitals set forth in Article I below, and constitutes a contract which will enable the City to provide'certain maintenance services on the private vehicle accessways described in Exhibit A, under certain conditions as set forth below. ARTICLE I RECITALS 1.1 Owner is the owner of the real property described in the attached Exhibit A, together with the private vehicle' accessways as shown on the improvement drawings of Village III, Tract 5511, prepared by Tetrad Engineering, Inc. dated April 3, 1990, (hereinafter referred to as "private vehicle accessways." 1.2 The declaration of Covenants, Conditions and Restrictions for Alamo Creek, a subdivision containing condominium projects, was recorded on September 19, 1986. The Declaration provides that, prior to the sale of any condominium unit within Tract 5511, an additional Condominium Declaration, attached in the form of Exhibit B to the Master Declaration, shall be recorded against the individual condominium project. Village III of Tract 5511 is such a condominium project. 1.3 The Master Declaration and Condominium Declaration provide that private vehicle accessways are common area for the benefit of owners within the individual condominium projects. 1.4 2.1 2.2 3.1 4.1 4.2 The Owner and City desire that a recorded contract, running with the land, be established providing the City with the authority to repair and/or maintain the private vehicle accessways in the event the Owner or subsequent to the Owner, a condominium association (Association), fails to so maintain them. ARTICLEII MAINTENANCE Pursuant to the Master Declaration, it is the obligation of the Owner, or, upon sale of condominium units, the Association, to maintain the private vehicle accessways within Village III. Owner shall maintain them in a manner such that adequate access by vehicular traffic is provided at all times, so that fire, police, health and sanitation vehicles and public utility vehicles can service the properties contiguous or adjacent thereto, and so that said vehicles would have adequate turning areas. All such maintenance shall be performed by Owner or the Association at no expense to the City of Dublin. In the event Owner or Association refuses or fails to so maintain the private vehicle accessways, the City of Dublin shall have the right, but not the obligation, to perform said maintenance on behalf of the Owner or Association. In furtherance of City's right to perform the maintenance, City may enter upon the property for the purpose of accomplishing such maintenance. ARTICLE III ACCESS Owner hereby grants to the City an irrevocable right of access to the private vehicle accessways for the purpose of performing maintenance as provided above. This right of access shall be restricted to the City's maintenance responsibilities pursuant to this contract, and shall not create an easement on behalf of the public or the City for any purposes other than to provide such maintenance. Said right of access shall be terminated if an offer of dedication of the access area shall be accepted by the City. ARTICLE IV PROTECTION OF PROPERTY & INDEMNIFICATION In exercising City's right to maintain, City shall take all reasonable precautions to protect the private vehicle accessways and all other private property located within Village III. All maintenance, including any reconstruction, performed by the City shall be done in accordance with the plans and specifications for Village III, Tract 5511, prepared by 4.3 5.1 5.2 6.1 Tetrad Engineering, Inc., and in accordance with all applicable City of Dublin specifications. The provisions of this paragraph shall not obligate the City to correct any defective workmanship or otherwise reconstruct or repair the private vehicle accessways, except as is necessary to meet the requirements under 2.2 above. City agrees to indemnify and hold Owner and/or Association harmless from all loss, liability, claim or other damage caused by or relating to City's negligent repair or reconstruction work on the property. ARTICLE V ASSESSMENTS All reasonable costs expended by the City for labor, materials, equipment, and direct on-site supervision of repairs and/or reconstruction performed under the terms of this contract shall be paid by the Owner and/or the Association. city shall so notify the Owner and/or Association of all costs incurred by the City in performing such work. In the event following a request by the City for payment, Owner and/or Association cannot or will not pay. such reasonable costs, City shall have the power to assess on an equal basis each condominium (or residential unit prior to filing a condominium plan) on the property for reimbursement of such direct and reasonable costs. Any assessment so levied by the City shall be included at the City's option, on the next succeeding Alameda County property tax bill. Such cost distributed equally to each of the condominiums shall be shown as a separate assessment along with the County ad valorem taxes and other assessments. ARTICLE VI NOTICE City's right to enter upon the private vehicle accessways to perform such maintenance shall be subject to the following requirements of Notice and Rights to Cure: (a) In the event of an emergency which threatens life or property, City shall have the right to enter upon the property to perform maintenance immediately upon giving notice to the Owner or the Association, if possible. (b) Where there is no immediate danger to life or property, City shall give 10 days' written notice to the Owner or Association of its intention to perform maintenance. Owner and/or Association shall have three days follow- ing receipt of such notice to commence such maintenance repair and/or reconstruction and such work shall be completed within 30 days of receipt of such notice. 6.2 7.1 7.2 7.3 III III III III III III II1 III III (c) In the event that such maintenance work cannot be reasonably completed within the 30-day period, the period for completion shall be extended for so long as Owner and Association are diligently pursuing corrective measures on the property. Where notice is required, it shall be deemed to have been properly given three days following mailing by post pa~4 registered or certified letter to the Owner and/or Association at the address indicated below: Rafanelli & Nahas 20211 ea~tro Vallcy, -CA-9~rS~7 ARTICLE VII MISCELLANEOUS In the event of any controversy, claim, litigation, dispute or arbitration of any action between the parties arising out of or resulting from this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable expenses and court costs, including without limitation, attorneys' fees and costs. Each paragraph and provision of this Agreement is severable, and if one portion is determined to be invalid, the remaining portions shall, nevertheless, remain in full force and effect. This Agreement and any documents referred to herein contain the entire agreement between the parties relating to the subject matter hereof and may not be modified or amended except by written document signed by both parties. III 7.4 This Agreement shall be governed by the law of the State of California, and any legal action instituted pursuant to this Agreement shall be brought in the California State Courts in Alameda County. RAFANELLI & NAHAS By: ~~ ~ Ronald C. Nahas General Partner CITY OF DUBLIN State of California County of Alameda / I~O before me On this ~ day of ~ , , ~k~i~c~.'~'~.~ ~ , the undersized Notary Public, personally appeared ~%~\~C, ~ ~-5 , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument on behalf of the partnership therein named and acknowledged to me that the partnership executed this instrument. .e ~ OFFICIAL SEAL : DiAHNA S STAR q NOTARY PUBLIO"CALIF R~IA = ' ALAMEDA COUNTY . EXP. SEPT 21,1990~ State of California County of Alameda Notary Public On this ~'day of ,1 gObefore me, , V '~Y~C~ ~'~q',~ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument on behalf of the partnership therein named and acknowledged to me that the partnership executed this instrument. . EXP. SEPT 21,1990~ EXHIBIT "A" Village III All that real property located in the City of Dublin, County of Alameda described as follows: Parking areas and driveways located within Lot 148, Tract 5511 filed September 19, 1986, Map Book 163, Pages 48 through 58, Alameda County Records.