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HomeMy WebLinkAbout4.07 Private Veh Access Amador Lakes Project CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING -DATE: May. 28, 1985 SUBJECT Acceptance of Private Vehicle Accessway Maintenance Agreements for the Amador Lakes Project (Lots 1 , 2 and 3 of Tract 5180 ) EXHIBITS ATTACHED Resolution; Copy of Agreements RECOMMENDATION UVAdopt Resolution accepting agreements and directing City Clerk to execute same . FINANCIAL STATEMENT: No financial costs to the City are anticipated to be incurred as a result of accepting and executing these maintenance agreements . Costs incurred from road maintenance , if necessary, are retrievable as outlined in Article V of the respective documents . DESCRIPTION The Planned Development Rezoning Ordinance adopted by the City for the Amador Lakes project (PA 83-035 ) provides under general provision 37(e ) that a recorded contract to run with the land shall be established providing the City with the authority to repair and/or maintain the private vehicle accessways , in the event the developer or the Homeowners ' Association fails to so maintain the accessways . The developer previously submitted one draft agreement for Amador-Stagecoach Associates and one draft agreement for Amador Lakes Associates for review. The drafts were reviewed by the Planning Staff and the City Attorney for format . The documents have been resubmitted in their final form and carry the Developer' s notarized signatures . In order to consumate the referenced condition of approval , it is necessary for the City Council to adopt a Resolution accepting the agreements and directing the City Clerk to record the documents . 1 ---------------------------------------------------------------------------- COPIES TO : Rafanelli/Nahas ITEM NO . LA RESOLUTION NO . - 85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------- ACCEPTING AND DIRECTING THE CITY CLERK TO EXECUTE PRIVATE VEHICLE ACCESSWAY AGREEMENTS FOR THE AMADOR LAKES PROJECT (LOTS 1, 2 and 3 OF TRACT 5180, SUBDIVIDED IN CONJUNCTION WITH PA 83-035 PLANNED DEVELOPMENT REZONING) WHEREAS , the Planned Development Rezoning Ordinance adopted by the City of the Amador Lakes project. (PA 83-035 ) provides under General Provision 37(e) that a recorded contract to run with the land shall be established providing the City with the authority to repair and/or maintain the private vehicle accessways in the event the developer or the Homeowners ' Association fails to so maintain the accessways ; and WHEREAS , the developers of the project , Amador- Stagecoach Associates , have prepared and executed copies of the required agreements and submitted them to the City for execution and subsequent recordation; and WHEREAS , the agreements have been reviewed by Staff and the City Attorney and have been determined to satisfactorily meet the intent and requirements of General Provision 37(e ) of the Planned Development Rezoning Ordinance covering the subject property . NOW, THEREFORE , BE IT RESOLVED that the Dublin City Council does hereby acknowledge acceptance of these Private Vehicle Accessway Maintenance Agreements for the Amador Lakes Project and directs the City Clerk to execute and record said agreements . PASSED , APPROVED AND ADOPTED this 28th day of May, 1985 • AYES : NOES : ABSENT : Mayor ATTEST: City Clerk i I PRIVATE VEHICLE ACCESSWAY MAINTENANCE AGREEMENT AMADOR LAKES Dublin, California - This Private Vehicle Accessway Maintenance Agreement, executed as of the day of ,•1984, by and between Amador=Stagecoach Associates (Owner) and. the City of Dublin (City) is .6ntered into* with reference to the recitals set forth in Article I below, �and constitutes a contract which will enable the City to provide certain maintenance services on the private vehicle accessways described in Exhibit A, under certain conditions as set forth herein. ARTICLE I RECITALS 1. 1 Owner is the owner of the real property described in the attached Exhibit A, together With private vehicle accessways as shown on the map of Tract 5180 as South Lake Drive. 1. 2 At the time of recording the final map of Tract 5180, Owner recorded a Declaration of Covenants, Conditions and Restrictions for the Community of Amador Lakes (Declaration). The Declaration provides in paragraph 9. 3 as follows: "The City as a third party beneficiary to this Community Declaration shall have the right, but not be obligated, to enforce the provisions of Article V of this Community Declaration relative to the obligation for main- tenance, repair, and upkeep of the community common area and the facilities located thereon. " 1. 3 The private vehicular accessways described above are community common area and are subject to the provisions of said paragraph 9. 3 1.4 The planned unit development ordinance adopted by the City of Dublin as "Plan Development Rezoning PA83-035, Amador Lakes" provides under General Provision 37(e) that a recorded contract to run with the land shall be established providing the City with the authority to repair and/or maintain the private vehicle accessways, in the event the developer or the Homeowners' Association fails to so maintain them. -1- ' -2- ARTICLE II MAINTENANCE 2. 1 Pursuant to the Declaration, it is the obligation of Owner or -the Amador Lakes Community Association to maintain the private vehicle accessways within Tract 5180,. Owner shall maintain them in a manner such that adequate access by vehicular traffic is provided at all times, so that fire, police, health and sanitation vehicles and public utility vehicles can -service the properties contiguous or adjacent thereto, and so that said vehicles would have adequate turning areas. All such maintenance shall be performed by Owner or the Community Association at no expense to the City of Dublin. 2.2 In the event Owner or Association refuses or fails to so maintain the private vehicle accessways, the City of Dublin shall have the right, not the obligation, to perform said maintenance on behalf of the Owner or Association. In furtherance of City's right to perform the maintenance, City may enter upon the property for the purpose of accomplishing such maintenance. ARTICLE III ACCESS 3. 1' Owner hereby grants to the City an irrevocable right of access to the vehicle accessways for the purpose of performing main- tenance as provided above. This right of access shall be restricted to the City's maintenance responsibilities pursuant to this contract, and shall not create an easement. on behalf of the public or the City for any purposes other than to provide such maintenance. Said right of access shall be terminated if an offer of dedica- tion of the access area shall be accepted by the City. ARTICLE IV PROTECTION OF PROPERTY & INDDINI7ICATION 4:.1 "In exercising City 's rights to maintain, City shall take all reasonable precautions to protect the vehicle accessways and all other private property located within Tract 5180. -3- .4. 2 All maintenance, construction and reconstruction performed by the City shall be done in accordance with the plans and specifications for Tract 5180, prepared by Tetrad Engineers, and in accordance with all applicable Alameda County specifications. The provi- sions of this paragraph shall not obligate the City to correct any defective workmanship or otherwise reconstruct or repair the private vehicle accessways, except as is necessary to meet the requirements under 2. 1 above. 4. 3 City agrees to indemnify and hold Owner 'and/or Association harm- less from all loss, liability, claim other damage caused by or relating to City 's repair or reconstruction work on the property. ARTICLE V ASSESSMENTS 5. 1 All reasonable costs expended by 'the City for labor, materials, equipment, and direct on-site supervision of repairs and/or reconstruction performed under the terms of this contract shall be borne by the Owner and/or the Association. City shall so notify the Owner and/or Association of all costs incurred by the City in performing such work. .5. 2 In the event following a request by the City for payment, Owner and/or Association cannot or *will not pay such reasonable costs, City shall have the power to assess on an equal basis each condominium (or residential unit prior to filing a condo- minium plan) on the property for reimbursement of such direct and reasonable costs. Any assessment so levied by the City shall be included at the City' s option, on the next succeeding Alameda County property tax bill. Such cost distributed equally to each of the condominiums shall be shown as a separate assessment along with the County ad valorem taxes and other assessments. ARTICLE VI NOTICE 6. 1 City's right to enter upon the property to perform such main- tenance shall be subject to the following requirements of Notice and Rights to Cure: (a) In the event of an emergency which threatens life or property, City shall have the right to enter upon the property to perform maintenance immediately upon giving notice to the Owner or the Association. • 4 • -4- (b) Where there is no immediate danger to life or property, City shall give 10 days' written notice to the Owner or Association of its intention to perform maintenance. Owner and/or .Association shall have three days following receipt of such notice to commence such maintenance repair and/or reconstruction and such work shall be completed within 30 days of receipt of such notice. (c) In the event that such maintenance work cannot be reasonably completed within the 30-day period, the period for completion shall .be .extended for so long as Owner and-.Association are diligently pursuing corrective measures on, the property. 6. 2 Where notice is required, it shall be deemed to have been properly given three days following mailing by post paid registered or certified letter to the Owner and/or Association at the address indicated below: Amador-Stagecoach Associates 20638 Patio Drive Castro Valley, CA 94546 with a copy to : Consolidated Capital Companies 1900 Powell St. , Suite 1000 Emeryville, CA 94608 :Attn: Real Estate Legal Department ARTICLE VII MISCELLANEOUS 7. 1 In the event of any controversy, claim, litigation, dispute or arbitration of any action between the parties arising out of or .resulting from this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable expenses and court costs, including without limitation, attorneys' fees and costs. 7.2 Each paragraph and provision of this Agreement is severable, l and if one portion -is determined to be invalid, the remaining portions shall, nevertheless, remain in full force and effect. 7. 3 This Agreement and any documents referred to herein contain the entire agreement between the parties relating to the subject matter hereof and may not be modified or amended except by written document signed by both parties. -5- '7.4 This Agreement shall be governed by the law of the State of California, and any legal action instituted pursuant to this Agreement shall be brought in the California State Courts in - Alameda County.. AMADOR-STAGECOACH ASSOCIATES CITY:OF DUBLIN By : Amador Lakes Associates III a By By . V� --Mark-Raf ahvili General Partner .By : _ onald C. Ivahas General Partner STATE OF CALIFORNIA County of Alameda ss On ��r� 19 g 5 before me,the undersigned,a Notary Public in and for said State,personally appeared V Mark Raf ane l l i Az=3 and Rnt,a 1 rT C Na hag „ ,,, , OFFICIAL SEAL personally known to me or proved to me on the MARY MEINTS basis of satisfactory evidence to be the person S that executed this instrument on behalf of the NOTARY PUBLIC -CALIFORNIA partnership and acknowledged to me that the partnership executed it. r ALAMEDA COUNTY k1y Comm. expires APR 22, 1983 OTARY PUBLIC ACKNOWLEDGMENT-PARTNERSHIP WTI FORM No. 62 _ 1/83 .. ��PTfitfR1'+ti'1H1'�'!'Ttirll� i i EXHIBIT "'A" Amador-Stagecoach Associates t All that real property located in the City •of Dublin, County of Alameda described as follows: . "Easements Number 1 and 2 across Lot 3 a shown on the .Final Map of Tract 5180, filed July 25, 1984, Map, Book Pages 1 through 6 inclusive, Alameda. County•Records.," • J