HomeMy WebLinkAboutReso 82-17 Approving Agreement Long-Term Encroachment Tract 8102, Tassajara Hills RESOLUTION NO. 82 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT
FOR LANDSCAPE FEATURES FOR TRACT 8102, TASSAJARA HILLS
WHEREAS, a Vesting Tentative Map for Tract 8102, Tassajara Hills was approved by
Planning Commission Resolution No. 12-45 on November 27, 2012 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 Encroachments" 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 8102, Tassajara Hills, attached hereto
as Exhibit A, which will be recorded against the property concurrently with the Tract 8102 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 20th day of June 2017, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT: Councilmember Goel
ABSTAIN:
T, A k- Ih,,j r-.L&
Mayor
ATTEST:
��p 4PW___
p,e pl y City Clerk
Reso No. 82-17, Adopted 6/20/2017, Item No. 4.12 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 Naived per GC 27383
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES
WITHIN TRACT 8102 TASSAJARA HILLS PHASE ONE
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 8102,Tassajara Hills Phase One("Agreement")is made between
the City of Dublin("City") and Toll CA VIII, L.P.,A California Limited Partnership ("Owner").
1. Property: The subject property is Tract 8102 as filed in Book_of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Owner is the owner of Tract 8102,Tassajara Hills Phase One
("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 in Tract 8102: Colton Hills Drive,Oak Ridge Court,Palisades
Drive, Rosamond Mills Court, and Tassajara Road,including future landscape
improvements on Tassajara Road between Palisades Drive and the Contra Costa
County line. Construction details for these Landscape Features are shown on the
plans entitled Improvement Plans, Tract 8102—Tassajara Hills (formerly Moller
Ranch), Phase UBackbone(Landscaping),prepared by Gates&Associates,
Sheets L0.1-L4.2(37 Sheets), and approved by the City Engineer on ,
2017,and Improvement Plans, Tassajara Hills—Offsite Plans (Landscaping),
prepared by Gates&Associates, Sheets L0.1-L3.10 (_Sheets), and approved by
the City Engineer ,2017. The scope of the improvements covered
under the agreement is shown on the attached Exhibits A and B, limited to
improvements within the five streets listed above.
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 and all the conditions imposed by the City must be consistent
1
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, including but not
limited to fountains,arches,monuments,etc.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape Features, including all frontage landscape planting, irrigation, and
sidewalks 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 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. The City will
maintain at its sole cost all asphalt concrete pavement, concrete curb and gutter,
drainage improvements,traffic signs and striping, and streetlights and any other
features 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
2
Tract 8102 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
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 shalt
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 Toll CA VIII,L.P.,A California Limited Partnership, and all successors
and assigns, including but not limited to the Tract 8102 Tassajara Hills Home
Owner's Association.
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 personalty 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: Toll.CA VIII,L.P.,A California Limited Partnership
6800 Koll Center Parkway#320
Pleasanton, CA 94566
Attn: Robert D. Moore, Group President
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
3
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. 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 , 2017.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
Christopher L. Foss
City Manager
OWNERS:
TOLL, VIII,L.P.,A CALIFORNIA LIMITED PARTNERSHIP
By:
Robert D. Moore
Group President
4
ACKNOWLEDGMENT
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 June 2, 2017 before me, Kristine E. Desrosiers, Notary Public
(insert name and title of the officer)
personally appeared Robert D. Moore
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s)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.
KRISTINNE F.pfSROSIEAS
WITNESS my hand and official seal. Notary Public•Ceitornla IL
19-M Alameda County
ommisslon#2170165
Comm.Ex Sits Oct 31,2020
Signature 'w':� f. ,r s<. `t ..a` (Seat)
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EXHIBIT 'A"
LONG-TERM ENCROACHMENT AGREEMENT
TASSAJARA HILLS
LEGEND CITY OF DUBLIN m c CALIFORNIA
CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE (AREA- 39,083+SF) 0 100 150 200 MAC�1 Y&SOMPS
ENaCERS PLAWERS SLR6VORS
SCALE: 1'-150' S1428 FR40IN M PiEkWDN,G 3+$W (un)225-0000
CITY OWNED AND MASTER HOA MAINTAINED WDSCAPE (AREA- 172,433+SF) y amw mwvwatt a�iaM on axw prwcw
-- TRACT BOUNDARY PLEASANfON 1 - 150 pt.062017 19569.O1A X
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EXHIBIT `A'
LONG-TERM ENCROACHMENT AGREEMENT
TASSAJARA HILLS
LEGEND CITY OF DUBLIN �y/ CALIFORNIA
CITY OAVED AND MASTER HOA MAINTAINED SOFTSCAPE (AREA = 39,083+SF) 0 l00 150 200 MAC ■ 4K SOM o S
0.=,r4xFS PLwKkS SU;NV0RS
SCALE: 1"-150 5142B rRANKUN DR.PUASAiON,a 0+3aa Wn)22s-Qm
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LONG-TERM ENCROACHMENT AGREEMENT
LEGEND CITY OF DUBLIN TASSAJARA HILLS c CAUFQRNIA
CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE (AREA - 39,083*SF) 0 100 150 200 MAWX&SOMPS
04WRS PLANNERS StANE m
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EXHIBIT B
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