HomeMy WebLinkAboutItem 4.02 Private Vehicle Access Agreement (2) 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.
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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
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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.
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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
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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:
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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.
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HEIDE K.CHAPMAN /
.. .1, NOTARY PUBLIC
ALAMEDA COUNTY,CALIFORNIA r Notary Public in and for said State_
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My scmmission expires ftv.13.1992
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(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]
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302\89080114.2MO 5