HomeMy WebLinkAbout4.10 Storm Drainage Maintenance Agreement with Dublin Crossing, LLC (2)STAFF REPORT
CITY COUNCIL
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Agenda Item 4.10
DATE:June 1, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Storm Drainage Maintenance Agreement with Dublin Crossing, LLC
Prepared by: Kan Xu, Senior Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving a Storm Drainage Maintenance Agreement with Dublin
Crossing, LLC for the maintenance of various storm drainage facilities within the Boulevard
development.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Storm Drainage Maintenance Agreement Between the City of
Dublin and Dublin Crossing, LLC.
FINANCIAL IMPACT:
There is no financial impact to the City to prepare and approve this agreement. All costs are borne
by the developer.
DESCRIPTION:
The Boulevard development (formerly Dublin Crossing) is located along Dublin Boulevard,
between Scarlett Drive and Arnold Road. The development is being subdivided into several
neighborhoods. The project conditions of approval require the Developer to enter into a storm
drainage maintenance agreement that provides for the Developer, and eventually the
homeowners’ association, to maintain City-owned, project-related storm drainage facilities within
the development.
The subject storm drainage facilities are located within the public street rights-of-way and within
Don Biddle Community Park. Storm drainage facilities include relocated mitigation drainage
ditches along the Scarlett Drive extension, hydromodification management vaults and the
associated outfall pipes within Don Biddle Community Park, 60-inch and 72-inch diameter storm
drain pipes, box culverts, headwall structures, and rip-rap along Chabot Creek and Canal 2. The
storm drainage facilities are identified graphically as an exhibit within the agreement (Attachment
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2).
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving a Storm Drainage Maintenance Agreement Between the City of Dublin
and Dublin Crossing, LLC
2) Exhibit A to the Resolution –Storm Drainage Maintenance Agreement
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Attachment 1
RESOLUTION NO. XX – 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.
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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:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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