The URL can be used to link to this page

Home My WebLink AboutReso 117-17 Approving the Agreement for Long Term Encroachment for Landscape Features for Tract 8260, Tassajara Hills RESOLUTION NO. 117 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR TRACT 8260, TASSAJARA HILLS WHEREAS, a Vesting Tentative Map for the Tassajara Hills development 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 for the Tassajara Hills development, attached hereto as Exhibit A, which will be recorded against the property concurrently with the final map; NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Engineer 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 5th day of September, 2017, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta, and Hernandez NOES: ABSENT: Mayor Haubert ABSTAIN: &(,4_ // Mayor Pro Tempore ATTEST: •r/' City Clerk Reso No. 117-17, Adopted 9/5/2017, Item No. 4.7 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 WITHIN TRACT 8260 TASSAJARA HILLS PHASE TWO THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 8260,TASSAJARA HILLS PHASE 2 ("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 8260 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 8260,Tassajara Hills Phase Two ("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 Tracts 8260: Aubrey Way, Cathedral Rock Way, Copper Peak Drive, Delamar Drive, Kalmia Hills Court, Lahontan Way, Lembert Hills Drive, Lembert Hills Court, Mount Dana Drive, Mount Dana Court, Tulare Hill Drive, Palisades Drive,Tecopah Hills Way, and Sentinel Dome Way. Construction details for these Landscape Features are shown on the plans entitled Improvement Plans, Tract 8260—Tassajara Hills (formerly Moller Ranch), Phase 2/Backbone (Landscaping), prepared by Gates &Associates, Sheets L0.1-L4.3 (34 Sheets). The scope of the improvements covered under the agreement is shown on the attached Exhibit A, limited to improvements within the fourteen streets listed above. 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 and all the conditions imposed by the City must be consistent with the provisions of this Agreement. If there is a conflict between any 1 provisions of this Agreement and the encroachment permit, 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 fountains, arches, monuments, etc. 6. Operations and Maintenance: Owner 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 Features damaged or removed during the maintenance or repair of sewer, water, drainage or utility improvements by the City, Dublin San Ramon Services 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 Services 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 Features 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 Homeowner's Association for Tracts 8260 or to a successor in interest of Owner with respect to all or a portion of the 2 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 or designee, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager or designee 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 or designee 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 Tassajara Hills Homeowner'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 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: 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 provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 3 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: Name: Title: OWNER: TOLL CA VIII,L. ' ,A CALIFORNIA LIMITED PARTNERSHIP By: /e,A, / Robert b. 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 August 24, 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. KRISTINE E.DESROSIERS my hand and official seal. r `. Notary Public•California = i,f' '.-js Alameda County `x-14 Commission N 2170165 M Comm.EM Tres Oct 31,2020 Signature (Seal) • LEGEND: \\ k . \�� : CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE(AREA=39,100±SF) S. ',;il CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE(AREA=172,5003 SF) \ \ Q'ti j,°!� Go� O Jf —--—TRACT BOUNDARY \ ♦♦ 44, s' //, , of /¶//' / 1 \cPj`♦ i I � ♦ /.., ,it, iiir . taints‘04(glibl ' ov ,„, .to ... \0 ♦ / /r---_- , ... ,_, _.....4.44.4 0.007...-ow i 1 I 1111 I; \vogt...47#S, \ x (-\ .4 �, SHEET 6 F-Il■a t i.,!..I 4..-4*),..‘.,,.;j,o..—n..t..i4-11 -, , a g..;;;;;, , \ ,:k LLJ //t, - ---------- ---J / . _ `(,1 KEY MAP LJJ \ LU 1 C/) / 4 NORTH 0 100 200 400 SCALE: 1"=200' MACKAY& comps TM ENCROACHMENT AGREEMENT EXHIBIT A ENGINEERS PLANNERS SURVEYORS DUBLIN, CALIFORNIA PLEASANTON,CA (925)225-0690 DRAWN BY: CW I JOB NO:19569.0101 DATE: 05-26-2017 SHEET 1 of 7 05-26-2017 5:16pm Kim Reed P:\19569\PLANNING\EXH-A_LONG TERM ENCROACHMENT-LETTER-BW.DWG SEE SHEET 3 SoP% aQ�� 4 to co CV IC. W W .1 • Q W W a a w 2 _ 1011 U) co i LLJ/ PO LLI w 1� w vJ QPv CD / /, / / / I / A°1-1-1 )L / / / • NORTH LEGEND: 0 100 200 400 •�•�• . �•�! CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE(AREA=39,1001-SF) ..�.�.� CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE(AREA=172,5003 SF) SCALE: r=200' —--—TRACT BOUNDARY TASSAJARA HILLS MACKAY& Som s LONG TERM ENCEROACHT A MENT AGREEMENT XHIBI ENGINEERS PLANNERS SURVEYORS DUBLIN, CALIFORNIA PLEASANTON,CA (925)225-0690 DRAWN BY: CW JOB NO:19569.0101 DATE: 05-26-2017 _ SHEET 2 of 7 05-26-2017 5:17pm Kim Reed P:\19569\PLANNING\EXH-ALONG TERM ENCROACHMENT-LETTER-BW.DWG LEGEND: :17. CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE(AREA=39,1001 SF) CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE(AREA=172,5001 SF) g —--—TRACT BOUNDARY �� VJ F W W Z Co W /� O �-- e . / c30-% 5 , _,..---- & - , ,,,;:=="' ' ,, 4 / QP M- ate O NORTH P%4' (Si t0 ti 5� l, F CO O 0 100 200 400 a..\\- a Q F3 SCALE: 1"=200' G ft ¢ ' W w I- E a a TASSAJARA HILLS SEE SHEET 2 MACKAY & SOMPS LONG TERM ENCROACHMENT AGREEMENT ENGINEERS PLANNERS SURVEYORS DUBLIN, CALIFORNIA PLEASANTON,CA (925)225-0690 DRAWN BY: CW I JOB NO:19569.0101 DATE: 05-26-2017 SHEET 3 of 7 05-26-2017 5:17pm Kim Reed P:\19569\PLANNING\EXH-ALONG TERM ENCROACHMENT-LETTER-BW.DWG **jJIIIII HE 5 41,1100p , , , ,,,,, 11111111ilik 4 ULARE HL v,�...� .,.d #. - pgivE.Q Q ' 6 GOQQ ■N .r. m , , „ , ..„ , H ,„ , ,, - LIJ TF�Opq yjC<S ,. W LU Ws.-��` L1J KALMIA HILLS COURT ' � �� ' .w ti� w w LLI N O P T H cn LEGEND: ►� _ , CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE(AREA=39,100±SF) CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE(AREA=172,500±SF) SCALE: 1"=200' —--—TRACT BOUNDARY mACKAY& SOMPS TM ENCROACHMENT HILLS LONG TERM ENCROACHMENT AGREEMENT EXHIBIT A ENGINEERS PLANNERS SURVEYORS DUBLIN, CALIFORNIA PLEASANTON,CA (925)225-0690 DRAWN BY: CW 1 JOB NO:19569.010 I DATE: 05-26-2017 SHEET 4 of 7 05-26-2017 5:17pm Kim Reed P:\19569\PLANNING\EXH-A_LONG TERM ENCROACHMENT-LETTER-BW.OWG LEGEND: ►TA, CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE(AREA=39,1001 SF) CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE(AREA=172,5001 SF) '- —--—TRACT BOUNDARY .... -/ CO ..■•'*.. .*.... //'s.NORTH // W 0 1 200 400 ' W /, = SCALE: 1"=200' CO W -/ Rig W ��- (pPNPO ' ----- / Ii I te- f y .y „PP S PO n el,- • 11a1� , 10 Aq �PZVp :� / !,s<S' SPp�s �L Z1 Z1�__1. V :,0,916. QPV COPPER PEAK DCk .."- ... S., \ cc,\oo 111 1/110 PNON" W ...-"' S .. PV In ACKAY& SOMPS TERM ENCROACHMENT AGREEMENT ENGINEERS PLANNERS SURVEYORS DUBLIN,XuIBICALIFORNIA PLEASANTON,CA (925)225-0690 DRAWN BY: CW I JOB NO:19569.010 DATE: 05-26-2017 SHEET 5 of 7 05-26-2017 5:17pm Kim Reed P:\19569\PLANNING\EXH-ALONG TERM ENCROACH MENT-LETTER-BW.DWG SE ' H : E , LAHONTAN WAY ig if:/1 1 1 \ / / LEMBERT HILLS DRIVE I 06 1 I Cl)V 1 F 1 w w Z I W 4 OD N O R T H �T I LEGEND: 00 200 400 k 7. CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE(AREA=39,100±SF) SCALE: 1 = — — _ —200, CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE(AREA=172,500±SF) — --—TRACT BOUNDARY MAC�Y Soin s TM ENCROACHMENT HILLS LONG TERM ENCROLIACTHMENT AGREEMENT ENGINEERS PLANNERS SURVEYORS DUBLIN,XnIC'LIFORNIA PLEASYATON,CA (925)225-0690 DRAWN BY: CW JOB N0:19569.010 DATE: 05-26-2017 SHEET 6 of 7 05-26-2017 5:20pm Kim Reed P:\19569\PLANNING\EXH-ALONG TERM ENCROACHMENT-LETTER-BW.DWG I•I,I .ICI•LI I I' •I' /.... 'lel° ' I 'sqlI NIP F 1 SENTINEL DOME WAY MIMI f 11111111111 MIR 4/1/ SIN ti OPP _ I 4 it O # . NORTH I‘aiiii LEGEND: oQy ` 0 100 200 400 wI �� CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE(AREA 39,1003 SF) h ,i Z SCALE: 1>>=2 00 CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE AREA=172,500±SF) . 44., -- TRACT BOUNDARY 1 TM ENCROACHMENT HILLS MACKAY& comps LONG TERM ENCROACHMENT AGREEMENT ENGINEERS PLANNERS SURVEYORS DUBLIN,HICALIFORNIA PLEASANTON,CA (925)225-0690 DRAWN BY: CW JOB NO:19569.010 DATE: 05-26-2017 SHEET 7 of 7 05-26-2017 5:42pm Kim Reed P:\19569\PLANNING\EXH—ALONG TERM ENCROACHMENT—LETTER—BW.DWG