Loading...
HomeMy WebLinkAboutItem 4.02 Private Vehicle Access Agreement 00' ,30 CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: November 13, 1990 SUBJECT: Private Vehicle Accessway Maintenance Agreement Torrey Pines - Village IV (Tract 6052) (Report by Public Works Director Lee Thompson) EXHIBITS ATTACHED: 1) Resolution 2) Agreement RECOMMENDATION: '7u�Adopt resolution FINANCIAL STATEMENT: No cost to City. DESCRIPTION: The streets within Village IV Torrey Pines are private, and the Master Declaration of Conditions, Covenants, and Restrictions for Tract 5511 (the Villages at Willow Creek) provides that the property owner or homeowner's assocation is to maintain the streets. The Site Development Review Conditions of Approval for Village IV require the developer to submit a Private Vehicle Accessway Maintenance Agreement to the City for approval. This agreement provides that, in the event the owner or association fails to maintain the private streets, the City may enter the property for the purpose of performing maintenance work on the streets. The cost of said maintenance would be charged to the property owner or owners, and in the event that payment was not received, would become an assessment to be collected with property taxes. The agreement does not obligate the City to do the work. Staff recommends that the City Council adopt the resolution authorizing the Mayor to execute the Agreement and directing recording of said Agreement. ----------- ---------------------------------------------------------------- ITEM N0. COPIES TO: Doug Ledeboer, Standard Pacific DD - 10 RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------- APPROVING PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT WITH STANDARD PACIFIC OF NORTHERN CALIFORNIA FOR TRACT 6052 TORREY PINES (VILLAGE -IV OF THE VILLAGES AT WILLOW CREEK) 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 IV; and WHEREAS, the Site Development Review approval for PA 88-025 Village IV Torrey Pines 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. BE IT FURTHER RESOLVED that the City Council hereby directs that the City Clerk shall record said Agreement with the office of the Alameda County Recorder. PASSED, APPROVED, AND ADOPTED this 13th day of November, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk EXHIBIT "A" RECORDING REQUESTED BY: WHEN RECORDED, PLEASE MAIL TO: CITY OF DUBLIN P.O. Box 234-0 t Duhlln, CA 94563 (Space Above Line for Recorder's Use Only) VEHICLE ACCESSWAY MAINTENANCE AGREEMENT VILLAGE IV THIS VEHICLE ACCESSWAY MAINTENANCE AGREEMENT (the "Agreement") is entered into this day of by and between STANDARD PACIFIC, L.P. , a Delaware limited partnership (the "Developer") , and THE CITY OF DUBLIN (the "City") R E C I T A L S A. Developer is the owner of real property in the City of Dublin, County of Alameda, State of California described as Parcel A of Parcel Map 5353, as shown on the Map filed in Book 178 of Parcel Maps at Page 36, Records of said County ("Village IV") which has been or will be resubdivided as Tract 6052. B. Village IV is subject to the Master Declaration (defined below) , which contains provisions for the shared use and the maintenance of "Vehicle Accessways" (defined below) for the benefit of all of the villages described therein. C. The Developer and City desire to enter into this Agreement to assure continued maintenance, repair and reconstruction of improvements upon the Vehicle Accessways for the benefit of such owners and to provide for an easement over the Vehicle Accessways for such activity and for access by fire, police, health and sanitation vehicles and public utilities vehicles in providing services to the adjacent property. NOW, THEREFORE, in consideration of the mutual covenants, conditions and restrictions contained herein, the parties hereto agree as follows: 1. Definitions. The following terms shall have the following meaning whenever used in this Agreement except where the context clearly indicates otherwise: (a) City. "City" shall mean and refer to the City of Dublin, California. (b) County. "County" shall mean and refer to the County of Alameda, State of California. (c) Master Declaration. "Master Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions for Alamo Creek recorded on September 19, 1986 as Instrument No. 86-230450, of Official Records of the County and any amendments thereto. (d) Residence. "Residence" shall mean and refer to any lot or parcel shown on a final or parcel map filed for record in the County unless a condominium plan has been recorded 10-31-90 10532-00030 302\89080114.2ND upon such lot or parcel pursuant to Section 1351(e) of the Civil Code of the State of California, or any successor statute thereof, in which event "Residence" shall then mean and refer to a condominium. "Residence" shall not include any property owned by a Subordinate Association. (e) Residence Owner. "Residence Owner" shall mean and refer to one or more persons or entities who are alone or collectively the record owner of a fee simple title to a Residence excluding those having any such interest merely as security for the performance of an obligation. (f) Subordinate Association. "Subordinate Association" shall mean and refer to any nonprofit mutual benefit corporation incorporated under the laws of the State of California, its successors and assigns, named in a "Subordinate Declaration". (g) Subordinate Declaration. "Subordinate Declaration" shall mean and refer to any declaration of covenants, conditions and restrictions and any supplemental declaration thereto or any amendments thereof which are now or will hereafter be recorded against all or any portion of Village IV and will be subordinate to the Master Declaration. (h) Vehicle Accessways. "Vehicle Accessways" shall mean and refer to Lot N and the area designated as "Private Street, P.S.E. and E.V.A.E." on said Tract No. 6052. (i) Vehicle Accessway Owner. "Vehicle Accessway Owner" shall mean and refer to one or more persons or entities who are alone or collectively the record owner of a fee simple title to a Vehicle Accessway, excluding those having any such interest merely as security for the performance of an obligation. (j) Village IV. "Village IV" shall mean and refer to the property described in the Master Declaration to be Parcel A of Parcel Map 5353, as shown on the map filed in Book 178 of Parcel Maps at Page 36, Records of the County which has been or will be subdivided into Tract 6052. 2. Maintenance Obligation. A Vehicle Accessway Owner shall have the obligation, at no expense to the City, to maintain, repair and reconstruct the improvements upon the Vehicle Accessways owned in a manner satisfactory to the City and in compliance with plans and specifications approved by the City. The City shall have the right, but not the obligation, to assume all or any portion of such maintenance, repair and reconstruction in the event such activity is not adequately performed by the Vehicle Accessway Owner. 3. Grant of Easement. Developer hereby grants to City an easement over the Vehicle Accessways for the purpose of maintaining, repairing and reconstructing said improvements upon the Vehicle Accessways as provided herein and for ingress and egress for such purposes. This easement is specifically limited to such purposes and shall not create any easement in favor of the public. Entry by the City upon the Vehicle Accessways for any allowable purpose may be made without notice in the event of any emergency involving potential danger to life or property. Entry for any non-emergency allowable purposes may be made at any reasonable time after notice of such entry and purpose of not less than ten (10) days has been given to the Vehicle Accessway Owner responsible for such activity unless corrective work is commenced by such Vehicle Accessway Owner within three (3) days following delivery of such notice and such corrective work is prosecuted to completion within thirty (30) days from date of commencement of such activity or such later date agreed to by the City. 10-31-90 10532-00030 302\89080114.29D 2 4. Reimbursement of Costs. All reasonable costs expended by the City for labor, materials, equipment, indirect onsite supervision of the maintenance, repair and reconstruction performed under this Agreement shall be reimbursed to the City by the responsible Vehicle Accessway owner. At the sole option of the City, if such reimbursement is not made to the City upon demand any such reimbursement may be included as an assessment against the Residence on the next succeeding County property tax bill covering such Vehicle Accessway, or in the event any Vehicle Accessway is owned in common by Residence Owners for the benefit of all members of a Subordinate Association or has been conveyed to a Subordinate Association, the City shall have the power to include such reimbursement as an assessment on the next succeeding County property tax bill of all Residences encumbered by the Subordinate Declaration of such Subordinate Association. Such reimbursement amount shall be apportioned at an equal amount for each such Residence. 5. Indemnity. City hereby agrees to indemnify and hold Vehicle Accessway owners free and harmless from any claim, loss or liability of any kind whatsoever in connection with or arising out of the maintenance, repair or reconstruction work performed upon the Vehicle Accessways by the City (unless such claim, loss or liability arises out of the wilful or negligent act or omission of Vehicle Accessway Owner, in which event, City shall have no liability therefor) . 6. Successors and Assigns. This Agreement and all of its terms, covenants and conditions will inure to the benefit of and be binding upon the successors and assigns of Developer, and the successors in title to the Vehicle Accessways and the Residences. 7. Notice. Any notice to be given under the provisions of this Agreement shall be in writing and shall be directed to the address of the party to whom intended as follows: If to Developer: Standard Pacific, L.P. 3825 Hopyard Road Suite 195 Pleasanton, California 94566 Attn: Doug Ledeboer If to Subordinate Association: The principal office of the corporation established pursuant to a resolution of its board of directors. If to Residence Owner: To the street address of the Residence of each such Residence Owner. Each of the foregoing parties may designate from time to time by written notice to the other parties a different address which shall then be substituted for the one above specified. Any notice sent by mail as aforesaid shall be deemed delivered when directed to the addressee at the address indicated for the purpose of notice and when placed in the United States Mail, first class, postage prepaid. 8. Paragraph Headings. All paragraph headings are inserted for convenience only and shall not be used in any way to modify, limit, construe or otherwise affect this Agreement. 9. Waivers. No action taken pursuant to this Agreement by or on behalf of any party shall be deemed to constitute a waiver by the party taking such action of the complete compliance with representations, covenants or agreements 10-31-90 10532-00030 302\89080114.2MD 3 contained herein. No waiver, modification or change shall be binding unless in writing and signed by the party making the waiver. A waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed in that state. 11. Attorneys' Fees. Should any party institute any action or proceeding to enforce this Agreement or any provision hereof or for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party in connection with such action or proceeding. 12. Severability. If any term(s) or provision(s) of this Agreement or the application thereof to any persons or circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term(s) or provision(s) to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby. Each and every term of this Agreement shall be valid and enforced to the fullest extent permitted by law. 13. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations, and understandings of the parties, oral or written, are hereby superseded and merged herein. 14. Amendments. Any amendment to this Agreement must be in writing and signed by all of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. STANDARD PACIFIC, L.P. , a Delaware limited partnership By: StanPac Corp. , a Delaware corporation Its Managing Partner By: Its: Authorized Re resentative By: Its: Authorized Representative CITY OF DUBLIN By: Its: City Manager By: 10-31-90 10532-00030 302\890801%.2ND 4 STATE OF CALIFORNIA ) ss. COUNTY OF ALAMEDA ) On November 5, 1990 , before me, the undersigned, a Notary Public in and for said State, personally appeared M.C. Cortney personally known to me (or proved to me on the basis of satisfactory evidence) to be the Authorized Representative and respectively, on behalf of StanPac Corp. , a Delaware corporation, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors, said corporation being known to me to be the managing partner of STANDARD PACIFIC, L.P. , the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. nmlunnnnnnanmmnul�minrtnmrtrnn!rm!rmnem!nnninns i � .. HEIDE K.CHAPMAN / .. .1, NOTARY PUBLIC ALAMEDA COUNTY,CALIFORNIA r Notary Public in and for said State_ ?° My scmmission expires ftv.13.1992 ii111NU�..r•,cil L';IiuLditlil ii;:ilI IIIII11111111111tli111181111hii U;Illi;ilL' (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF ALAMEDA ) On before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as and _ , respectively, on behalf of THE CITY OF DUBLIN, and acknowledged to me that such City executed the same. WITNESS my hand and official seal. Notary Public in and for said State [Seal] 10-31-90 10532-00030 302\89080114.2MO 5