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Home My WebLink AboutReso 60-21 Approving a Storm Drainage Maintenance Agreement Between the City of Dublin and Dublin Crossing, LLCReso. No. 60-21, Item 4.10, Adopted 06/01/2021 Page 1 of 2 RESOLUTION NO. 60 - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A STORM DRAINAGE MAINTENANCE AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN CROSSING, LLC WHEREAS, Dublin Crossing, LLC (Developer) is developing Tract 8150, the Boulevard (formally Dublin Crossing) project, located in the City of Dublin, County of Alameda, on which the Developer is pursuing a residential development project (Project); and WHEREAS, the Project includes construction of storm drainage facilities within existing and future City property; and WHEREAS, pursuant to the conditions of approval for construction of the Project, the Developer is required to enter into a Storm Drainage Maintenance Agreement (Agreement) with the City for the maintenance, operations, and inspection obligations of the storm drainage facilities; and WHEREAS, the Developer formed the Boulevard Master Owners Association (Master Association), a California nonprofit mutual benefit corporation, which is governed by a Master Declaration of Covenants, Conditions, and Restrictions; and WHEREAS, the Master Declaration of Covenants, Conditions, and Restrictions assigned responsibility for the maintenance, operations, and inspection obligations of the storm drainage facilities within the Project; and WHEREAS, until such time that the Developer assigns the Agreement to the Master Association, the Developer accepts and will be responsible for the maintenance, operations, and inspection obligations of the storm drainage facilities within the Project; and WHEREAS, the Agreement memorializes the Developer’s maintenance, operations, and inspection obligations of the storm drainage facilities within the Project; and WHEREAS, the City acknowledges that the Developer’s intention is to assign the Agreement to the Master Association, upon which assignment the Developer will have no further obligations under the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Storm Drainage Maintenance Agreement between the City of Dublin and Dublin Crossing, LLC, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Storm Drainage Maintenance Agreement, attached hereto as Exhibit A, and make any necessary, non- substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of June 2021, by the following vote: DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 Reso. No. 60-21, Item 4.10, Adopted 06/01/2021 Page 2 of 2 AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _____________________________ City Clerk DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 STORM DRAINAGE MAINTENANCE AGREEMENT This Storm Drainage Maintenance Agreement ("Agreement") is made and entered into this----� 2020, by and between Dublin Crossing, LLC (the "Master Developer") and the City of Dublin, a municipal corporation ("City"). The Master Developer and City are collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, Dublin Crossing LLC is developing Tract 8150, located in the City of Dublin, County of Alameda, on which it is pursuing a residential development project ("the Project"); and WHEREAS, City owns portions of certain real property within the Project, which includes storm drainage facilities (the "Storm Drain Operation and Maintenance Obligations") and is responsible for the maintenance and operations of those facilities as part of the Project; and WHEREAS, Pursuant to the conditions of approval for construction of the Project, Developer is required to enter into an agreement with the City to allow the Master Developer to perform the Storm Drain Operation and Maintenance Obligations; and WHEREAS, Dublin Crossing LLC formed the Boulevard Master Owners Association ("Master Association") a California nonprofit mutual benefit corporation; and WHEREAS, the Master Declaration of Covenants, Conditions, and Restrictions of Boulevard ("Master Declaration") assigned responsibility for the maintenance of Storm Drain Operation and Maintenance Obligations, irrespective of where they are located, to the Master Association; WHEREAS, The Master Developer accepts) and will be responsible for the maintenance of the Storm Drain Operation and Maintenance Obligations; and WHEREAS, This Agreement memorializes the Master Developer's maintenance, operations, and inspection obligations, at the Master Developer's sole cost and expense; and WHEREAS, it is the parties' intention that the Master Developer's obligations under this Agreement will be assigned to the Master Association, upon which assignment Master Developer shall have no further obligations hereunder. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1.Definitions: The Storm Drain Operations and Maintenance Obligations shall be as identified on the attached Exhibit A. 2.Encroachment Permit: This Agreement shall provide the Master Developer with an on-going encroachment permit for the maintenance and inspection activities required within City rights-of-way per the terms of this Agreement. Master Developer shall notify the City 48-hours in advance whenever maintenance work is to be performed within the City rights-of-way and the scope of work reviewed by the City. The Master Developer shall obtain an individual encroachment permit for maintenance work that involves construction activities within City rights-of-way that necessitate the temporary closure of lanes or sidewalks requiring the review and approval of a traffic control plan. The City must grant the encroachment permit for all work to install, DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 C C C C C CCCCCCCCCCC CCCCCCCCCCCCCCCCCCCCCCCCC CCCCCCCCCC C CCCCCCC CCCCCCCC C C CCCCCCCCC C CC CC CC CC CCCCCCC C C 345 340 34 5 34 0 PUBLIC STREETS: LANDS AND IMPROVEMENTS TO BE OWNED BYCITY OF DUBLIN WITH MASTER HOMEOWNERS ASSOCIATIONMAINTAINING HARDSCAPE: SIDEWALK, DRIVEWAYS, FURNITURE,TREE GRATES, AND SILVA CELL WATER QUALITY TREATMENTFACILITIES WITHIN PUBLIC RIGHT OF WAYPUBLIC STREETS: LANDS AND IMPROVEMENTS TO BE OWNED BYCITY OF DUBLIN WITH MASTER HOMEOWNERS ASSOCIATIONMAINTAINING SOFTSCAPE: PARKWAY STRIP LANDSCAPING,FURNITURE, TREE PLANTING, AND BIORETENTION WATER QUALITYTREATMENT FACILITIES WITHIN PUBLIC RIGHT OF WAY.LEGEND:SHEET 2SHEET 3SHEET 4SHEET 5SHEET 6NEIGHBORHOOD NUMBER DRAINAGE RELATED INFRASTRUCTURE OWNERSHIP / MAINTENANCE SUMMARY:CITY OWNED / MASTER HOA MAINTAINEDCITY OWNED / CITY MAINTAINEDMASTER HOA OWNED / HOA MAINTAINEDZONE 7 OWNED / CITY MAINTAINED (CHABOT CREEK THROUGH PARK)ZONE 7 MAINTAINS FOR FLOOD CONVEYANCE ONLYCITY MAINTAINS TRASH PICKUP AND AESTHETIC LANDSCAPING UPKEEPCITY MAINTAINS AREA UNDER BRIDGES FOR SCOUR, SEDIMENTATION, BRIDGE ABUTMENTSZONE 7 OWNED / HOA MAINTAINED (UPPER CHABOT CREEK & CANAL 2)ZONE 7 MAINTAINS FOR FLOOD CONVEYANCE ONLYHOA MAINTAINS FOR TRASH PICKUP AND AESTHETIC LANDSCAPE UPKEEPRELOCATED MITIGATION DRAINAGE DITCHES ALONG SCARLETT DR. TO BE OWNED BY CITY, MAINTAINED BY HOA WETLAND MITIGATION AREAS WITHIN CHABOT CREEK AND CANAL 2 TO BE OWNED AND MAINTAINED BY ZONE 7 WITH DEVELOPER RESPONSIBLE FOR WETLAND MAINTENANCE FOR FIRST 10 YEARS AFTER COMPLETIONLEGEND:PUBLIC STREET IMPROVEMENTS OWNERSHIP / MAINTENANCE SUMMARY:DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 SCARLETT DRIVEHORIZON PARKWAYSEE SHEET 4SEE SHEET 3ALL MEDIAN IMPROVEMENTSARE CITY OWNED / CITYMAINTAINED (INCLUDINGBIO-RETENTION FACILITIES)60" SD (ARMY RUNOFF)THROUGH PUBLIC STREET(HORIZON PKWY) AND CITYPARK TO BE CITY OWNED /CITY MAINTAINED (777' - 60"SD THRU HORIZON & PARK)60" SD (ARMY RUNOFF)THROUGH NH21/22/23CITY OWNED / HOAMAINTAINED (880' - 60" SDTHRU NH21/22/23)RELOCATED MITIGATIONDRAINAGE DITCHES WITHINSCARLETT DR. R.O.W. TO BECITY OWNED / HOA MAINTAINED (2,225-LFT DITCH TOTAL)DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 CHA B O T C R E E K C H A B O T C R E E KHORIZON PARKWAYSEE SHEET 5 SEE SHEET 2SCARLETT DRIVENUGGET WAYDUBLIN BOULEVARDCOLUMBUS STREET EL DORADO LANESTERLING STREET SEE SHEET 2WETLANDMITIGATIONAREA72" SD (ARMYRUNOFF) THROUGHCITY PARK TO BECITY OWNED / CITYMAINTAINED (655' -72" SD THRU PARK)ALL MEDIAN LANDSCAPEAND HARDSCAPE IN PUBLICSTREETS TO BE CITYOWNED / CITY MAINTAINEDDUAL 8'X8' BOX CULVERT,HEADWALL AND RIP-RAP CITYOWNED / CITY MAINTAINEDHM VAULT #2 AND 48" SDOUTFALL TO CULVERT CITYOWNED / HOA MAINTAINED(918' - 48" SD THRU PARK)HM VAULT #1 AND 36" SDOUTFALL TO CULVERT CITYOWNED / HOA MAINTAINED(393' - 36" SD THRU PARK)RELOCATED MITIGATIONDRAINAGE DITCHES WITHINSCARLETT DR. R.O.W., CITYOWNED / HOA MAINTAINED(2,225-LFT TOTAL)DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 CCCCCCCCCCCCCC H A B O T C R E E K C H A B O T C R E E K 34 5 34 0 3 4 5 3 4 0HORIZON PARKWAYSEE SHEET 6 SEE SHEET 2 SEE SHEET 3ARMY BASESTERLING STREETSEE SHEET 3RIP-RAP AT HEADWALLHOA MAINTAINEDRIP-RAP AT HEADWALL CITYOWNED / CITY MAINTAINEDALL MEDIAN LANDSCAPEAND HARDSCAPE IN PUBLICSTREETS TO BE CITYOWNED / CITY MAINTAINEDWETLANDMITIGATIONAREAHEADWALL WITH RIP-RAPAND 9'x4' BOX CULVERTFROM ARMY DETENTIONBASIN, HOA MAINTAINED(22' - BOX CULVERT)9'x6' BOX CULVERT ANDHEADWALLS/WINGWALLS CITYOWNED / HOA MAINTAINED(260' - 9'x6' CULVERT)DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 CCCCCCCCCCCCCCCCCCCCCC C CCCCCCC CCCCCCCCC CC A N A L 2 CENTRAL PARKWAYSEE SHEET 6SEE SHEET 3EL DORADO LANE IRON HORSE PARKWAY ARNOLD ROADDUBLIN BOULEVARDCASCADE STREETRIP-RAP AT HEADWALLSHOA MAINTAINEDALL MEDIAN LANDSCAPE ANDHARDSCAPE IN PUBLIC STREETS TOBE CITY OWNED / CITY MAINTAINED8'X17' BOX CULVERT ANDHEADWALLS CITY OWNED / HOA MAINTAINED (154' - CULVERT)WETLANDMITIGATIONAREAS72" HM PIPE IN IRON HORSEPKWY. CITY OWNED / HOA MAINTAINED (460' - 72" HM)60" SD PIPE AND HEADWALLTO BE CITY OWNED / HOAMAINTAINED (600' - 60" SD)72" HM PIPE IN HOAPARCEL HOA OWNED& MAINTAINED (480' -72" HM PIPE)STERLING STREET DUAL 96" HM PIPES INHOA PARCEL HOAOWNED & MAINTAINED(1,275' - 96" HM PIPESTOTAL)DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838 C C C C C CCCCCCCCCCCCCCCCCCCCC CCCCCCCCCC CC CC CC CC CCCCCCC C C CANAL 2 CANAL 2HORIZON PARKWAYSEE SHEET 4 SEE SHEET 5IRON HORSE PARKWAY CASCADE STREET ARNOLD ROAD RIP-RAP AT HEADWALLSHOA MAINTAINEDRIP-RAP AT HEADWALLSHOA MAINTAINED8'X17' BOX CULVERT ANDHEADWALLS CITY OWNED / HOA MAINTAINED (125' - CULVERT)DocuSign Envelope ID: 5494AF8D-1CCB-41DA-A06F-A427A008E838