HomeMy WebLinkAboutItem 4.08 AgrmntSnRmnMaintStgch (2) CITY OF DUBLIN
CITY COUNCIL HEETr'v'~ ~'~'~ ,
,_m~ ~ .... :: April 8 1985
^ ..... - ..... ~-:p+ wi~ City of San Ramon for Maintenance of
Landscaping on Stagecoach Road
EX'ii.ilo P.S['>:CnED ' Reso~ .... ~ " '
:uuJ_o~, e[!l~ m(cerpt zrcm
.... ,}, ~- Tau~ Site D =velO~menb
.Lr~_ct 4 !'/ ..... "~ aud Amado s ~.
d / Rev{~;,~' Boundary Hc~p
RECOMMENDATION h/ ~,r::~.-:~+~ Reso!.~:tiort authoFizing M~vc~,~. . to execute
~ ~ a,2 r e e m ~ n t
_u,,~uiAL S~APz~4zN!'t. oo,.o to be borne by. assessment district
,~-~, e ..... '~m~, · T,- ~ ..... :-.S~n~e with the County's zonin,{ annroval of
~-- 719 rs ~y ,~ and City' ~-
:'act ~, . ( ....... Le~) , the . s -
, _~n o,z ~he ~t'F~eE which is in ~he
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e[~t, iFe ~engt5 the s~ b
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~ ' ......... ~ -- !,he
, ' -~,~ City cz Dublin a
a'oDr'ov~_mS , ih iS FLF~CeSS{iY'y !CF ~;~
..... ~ !iow eh~ City of Dublin
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Tke City cf Dublin's m':~invs:~ar~ce co:szs will 'ce financed by the assessment
disl ric~.
RESOLUTION NO. - 85
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING AGREEMENT FOR MAINTENANCE OF LANDSCAPING ON
STAGECOACH ROAD IN THE CITY OF SAN RAMON
WHEREAS, since Stagecoach Road runs through Dublin and
San Ramon, and landscaping is being installed along Stagecoach
Road in each of said Cities, and the Dublin City Council is
desirous of providing for the maintenance of such landscaping in a
consistent and uniform manner; and
WHEREAS, the proposed agreement would allow Dublin to
maintain the landscaping along Stagecoach Road within the City
limits of San Ramon pursuant to the terms of this Agreement; and
WHEREAS, each of said Cities intend to ultimately
provide the funds necessary for the maintenance of the landscaping
improvements within each of their respective jurisdictions through
maintenance assessment districts or by any other lawful means of
providing such funds; and
WHEREAS, in the interim, prior to development along
Stagecoach Road in the City of San Ramon, the responsibility of
landscaping design, installation and maintenance is the
responsibility of Tract 4719 (Larry Lee) and Tract 5180 (Amador
Lakes); and
WHEREAS, the City of San Ramon staff has reviewed the
proposed agreement and will present it to the San Ramon City
Council for approval.
NOW, THEREFORe, BE IT RESOLVED that the City Council of
the City of Dublin authorizes the Mayor to execute the Agreement
for Maintenance of Landscaping on Stagecoach Road.
1985.
PASSED, APPROVED AND ADOPTED this 8th day of April,
AYES'
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
AGREEMENT FOR MAINTENANCE OF
LANDSCAPING ON STAGECOACH ROAD
THIS AGREEMENT is made and entered into this day
of , 1985, ky and between the City of Dublin, a municipal
co~poration, hereinafeter referred to as "Dublin", and the City
of San Ramon, a municipal corporation, hereinafter referred to as
"San Ramon"
W I TN E S SETH:
WHEREAS, since Stagecoach Road runs through Dublin and
San Ramon, and landscaping is being installed along Stagecoach
Road in each of said Cities, it is desirable to provide for the
maintenance of such landscaping in a consistent and uniform
manner;
WHEREAS, San Ramon agrees to allow Dublin to maintain
the landscaping along Stagecoach Road within the city limits of
San Ramon pursuant to the terms of this Agreement;
WHEREAS, each of said Cities intends to provide the
funds necessary for the maintenance of the landscaping
improvements within each of their respective jurisdictions
through maintenance assessment districts or by any other lawful
means of providing such funds;
NOW, THEREFORE, based on the foregoing
understandings, Dublin and San Ramon agree as follows:
mutual
1. Responsibilities of Dublin.
Dublin agrees to establish a Maintenance Assessment
District within the city limits of Dublin which shall be bounded
by the exterior limits of Tract 4719. Dublin shall collect funds
from properties within said District and shall use said funds to
maintain the street and park landscaping, as hereafter described,
along Stagecoach Road within the city limits of Dublin and within
the city limits of San Ramon in the area shown on Exhibit "A"
which is attached hereto.
2. Responsibilities of San Ramon.
San Ramon shall assume landscape maintenance
responsibility from Dublin upon the development of now vacant
lands adjacent to Stagecoach Road in San Ramon. Those
developments shall be conditioned to maintain landscaping now
provided by Dublin.
3. Quality of Landscaping Maintenance.
Dublin shall maintain landscaping within the city
limits of San Ramon at a level equal to that provided within the
city limits of Dublin. Dublin agrees to maintain said
landscaping within the city limits of Dublin and San Ramon in a
healthy, well-growing and weed and debris-free manner by use of
either its own personnel and equipment or by contracting for such
maintenance. Dublin agrees to replace any dead, damaged or
diseased plants as necessary, and repair or replace any damaged
irrigation system.
4. Level of Maintenance.
Commencing in May, 1985, and annually thereafter, the
Cities will agree on the level of maintenance to be provided for
the following year.
5. Arbitration.
t Any controversy or claim arising out of or relating to
his Agreement, or the breach thereof, shall be settled by
arbitration in accordance with the Rules of The American
Arbitration Association, and judgement upon the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction
thereof.
1
6. Indemnity.
San Ramon promises and agrees to indemnify and hold
harmless Dublin, its officers, officials,'~ employees ~and agents
from any and all claims, demands, expenses, actions,'~¥suits,
liability or loss which may arise from, or be incurred ~as .the
result of, injury or damage to persons or property .within the
jurisdiction of San Ramon and arising out of the negligence of
San Ramon, its officers, officials, employees and agents.
7. Indemnity.
Dublin promises and agrees to indemnify and hold
harmless San Ramon, its officers, officials, employees and agents
from any and all claims, demands, expenses, actions, suits,
liability or loss which may arise from, or be incurred as the
result of, injury or damage to persons or property within the
jurisdiction of Dublin and arising out of the negligence of
Dublin, its officers, officials, employees and agents.
8. Terms.
This Agreement shall continue in full force and effect
until terminated by either party by written notice to. the other
party one hundred twenty (120) days in advance.
THIS AGREEMENT is entered into as of the day and year
first above written.
ATTEST:
CITY OF DUBLIN
City Clerk
APPROVED AS TO FORM:
By
Mayor
City Attorney
ATTEST:
CITY OF SAN RAMON
City Clerk
APPROVED AS TO FORM:
By
Mayor
City Attorney
-2-
EXHIBIT C
GENERAL PROVISIONS
lt~g6th ZONING UNIT
3uly 20~ 1981
The Final Map of Tract t~719 shall be filed with the County Recorder of Alameda
County prior .to commencement of any improvement in the project, with the
exception ;of 'grad. lng' 'and .improvements"~related _i_h~_r_.et_o_ and extension of
Stagecoach Road. '-~"
All._con~itions of approval for Tract 4719 are incorporated by reference as General.....'"
Provisions of this reclassification. "" ....
Prior :to'anyz'~i:ading, a detailed construction grading plan and soil erosion and
sedimentation control plan prepared by a Civil Engineer in' accordance with maps
and :provisions 'of-this reclassification and the project soils and 'geologic
investigation report shall be approved by the Director of Public Works. Grading
shall be completed in accordance with this plan to the satisfaction of the Director
of Public Works. Grading transitions from natural slopes to graded slopes above
Stagecoach Road shall be approved by the Planning Director and completed to the
satisfaction of the Planning Director.
Prim-
b.
t~"iilir~'the- Fin~l Map; the following shall be done:
A detailed landscape pla'fi, prepared by a registered landscape architect, shall
be approved by the Planning Director.
All landscaping shall be maintained at the developer's expense until
landscaping has been fully installed and-established and final improvements
have been accepted by the Board of Supervisors. Transfer of maintenance
responsibility 'co the homeowners association or individual homeowners shall
not occur until requirements of this provision and the landscaping plan are
met. ..
A homeowners association encompassing all lo~s in this project shall be
formed. CC&Rs for each lot shall be approved by the Planning Director.
CC&Rs for said Association shall require that:
l)
2)
3)
payment of dues and assessments shall be both a lien against the
assessed land and a personal obligation of each property_owner;
· · ~... _ ,, ::. ......~ : -.':.;.! ~..~%;:.-'/~- :,.:-;'- ,.....: :' ,....'?. .
The.Association shall take fee title to Parcel
'.., ;..i ':" .-t,.... '.-.'-?" :'-:;..,-;' '--~-'~,<:: ~,,';,,~..~t"'.:::,..;.::.;'...
The Association maintain all common areas in good repair, including
drainage and erosion control improvements, fences, and landscaping.
The Association shall maintain, through an appropriate easement, slope
areas on individual lots. The Association shall mhintain fire breaks to
'the standards of Dublin San Ramon Services District Fire Department.
the Association shall keep the County Planning Department informed of
the current name, address~ and phone number of the Association's
official representative~ and
Developer shall deposit one-half the cost of signalization at Stagecoach Road
and Amador Valley Boulevard to requirements o! the Direczor of Public
Works.
design of the recreation/open space site and the realignment
of affected residential units shall be rcviewed and approved
by staff at the time of Site Development Review.
~/~ All condominium units shall contain standard and currently
available energy saving devices, and be insulated in
: accordance with Title 24, State of California Administrative
1 Code and evidence shall be provided to the Building Official
from P.G.& E. that the units meet .P.G.& E.'s requirements of
the "Energy Conservation Home Program" if it still exists at
the time the units are to be constructed.
7.f Compliance with the City of Condominium
Dublin
Residentia'l
Development Guidelines (as amende~ 3/'30/83).
Compliance with City of Dublin Site Development Review
Standard Conditions.
OCompliance with of Dublin Police Services Standard
City
Res.ide~tia.1 Building Security Requirements. '
, , A,l.~-~'--' . '
~ --~/FTh ~and/or DroDertv owner is to be responsible for the
~% 0v~ ~.~' - "~' ce of the entire ro ect and related improvements
~ 3me!ntenan P ] .... .
Jand shall continue said responsibility until such time as
/ .'/ the Homeowners' .Association assumes the responsibility.
· · ' " ' ' " ' '
~_, ~ ~.[ Th~ and/or property owner is to provide to th~ City Planning
~ /D~a.~ment a s~atus report as to the oc~cupancy
~/ characteristics of the development once each year for three
years .
Fire Department requirements, Flood Control District
requirements, Public Works and City Eno~ne=~ recuirements
Written statements from each agency approving the plans over
which it has jurisdiction shall be submitted to the P!annin.c
Department prior to issuance cf Building Permits or the
installation of any improvements related to this project.
/.information and directories shall be provided
Unit
address
to the satisfation of DSRSD Fire Department, Postal Service,
and Dublin Planning Department.- . .-
~.!~'/4.~~,__ Parkland dedication shall be made, 'and/or fees shall be
paid
prior to approval of the Final Map, and as provided by local
ordinance, to the satisfaction of the City of Dublin and
DSRSD to comply with the Subdivision Ordinance. Should park
land be dedicated and improvements be required; the -
improvements shall be acceptable 'to the City of Dublin and
"be installed as the City shall specify.
o~r the undeveloped portion of the site shall be fenced off,
the area around the lake shall be fenced off, prior to
the filling of the lake;
~ the undevg~oped portion shall be maintained in a manner
'~/a~ceptable to DSRSD Fire Depa. r~ment, and it shall be kept /
free of trash and debris; ..
%/~ 15.I:The"maintenance responslDl£1ty~ ..alnCOntractual obligation/
~ for':the maintenance of the lan .... ~p""~?'irr'igati°n~~J,
- I lighting, fencingS: and"~elated 'imProvements for StageCoach
I Road, and related slope easements, shall be assigned and
.~ found acceptable to the City of Dublin, for the portion of
~ the City of Dublin, and to the City of San Ramon, for that
portion in the City of San Ramon, prior to approval of the
I Final ~%ap, or building permits. The City will attempt to
I establisk a Landscaping and Lighting Assessment District to
I__serve that purpose. '
. Should Amador Lakes be built in phases: ,
//
EXHIbiT A