HomeMy WebLinkAboutItem 4.6 LS Maint ShamrockFord CTTY CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: APRIL 1~ 2003
SUBJECT: Approval of Agreement between City of Dublin and Shamrock
Ford, Inc., for Maintenance of Landscaping along 1-580
Report Prelvared by: Lee S. Thompson, Public FVorks Director
ATTACHMENTS: 1) Resolution Approving Agreement between the City of
Dublin and Shamrock Ford, Inc., for Maintenance of
Landscaping along 1-580 (Caltrans Right-of-Way)
2) Agreement between the City of Dublin and Shamrock Ford,
Inc., for Maintenance of Landscaping along 1-580
3) Location Map
RECOMMENDATION: ~Adopt Resolution Approving Agreement between the City of Dublin
and Shamrock Ford for Maintenance of Landscaping along 1-580
FINANCIAL STATEMENT: Shamrock Ford will be responsible for maintenance of the landscape
improvements within Caltrans' right-of-way until January 1, 2019.
DESCRIPTION: As part of the Conditions of Approval for Parcel Map 7287,
AutoNation USA Corporation was required to design and install landscaping improvements within
Caltrans' 1-580 right-of-way abutting the property now occupied by Shamrock Ford. AutoNation
was further required to enter into a maintenance agreement with the City of Dublin to maintain these
landscaping improvements. Shamrock Ford, Inc., has since assumed ownership of this property.
In order to meet this requirement, the City entered into an agreement with Caltrans on November 24,
1999, which delegates Caltrans' landscape maintenance obligation to the City, and authorizes the City
to delegate said maintenance obligation to the owners of properties fronting 1-580. To date, the City has
entered into maintenance agreements for landscaping within Caltrans' right-of-way with the Koll Dublin
Corporate Center and Hacienda Crossings Shopping Center.
Extended Stay America (ESA Services, Inc.) recently completed installation of the required landscaping
improvements in this area on behalf Shamrock Ford. The City now proposes to enter into an agreement
to transfer the City's maintenance obligation to Shamrock Ford, the current owner of the AutoNation
USA site, until January 1, 2019, at which time the maintenance obligation will revert to Caltrans.
COPIES TO: Chip Sabadash, AutoNation Joe Vieria, ESA Services
ITEM NO. 4~
G:\develop\AutoNation~agst l~mdscape maintenance agmt 7287
Upon approval of this agreement, Shamrock Ford will assume responsibility for maintaining this
landscaping. With the execution of this maintenance agreement, Shamrock Ford will join the Koll
Center and Hacienda Crossings in maintaining landscaping within Caltrans' 1-580 right-of-way. The
remaining undeveloped segment fronting the GM Auto Mall will be landscaped when the adjoining
parcel is developed in the future, and a similar maintenance agreement will be executed at that time.
Staff recommends that the City Council adopt the resolution approving the Agreement between the City
of Dublin and Shamrock Ford, Inc., for maintenance of landscaping along 1-580.
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT BETWEEN CITY OF DUBLIN AND SHAMROCK
FORD, INC., FOR MAINTENANCE OF LANDSCAPING ALONG 1-580
WHEREAS, Tentative Parcel Map 7287, in the incorporated territory of the City of Dublin, State of
California, was approved by the Community Development Director on April 16, 1999, by Resolution No. 03-
99; and
WHEREAS, the Site Development Review application for Extended Stay America Hotel was
approved by the City Council on April 20, 1999, by Resolution No. 74-99; and
WHEREAS, the Conditions of Approval for the Tentative Parcel Map and the Site Development
Review (Conditions 30 and 53 respectively) require the Developer of the project to design, construct and
maintain the landscape improvements within the Caltrans 1-580 right-of-way adjacent to the project; and
WHEREAS, on November 24, 1999, the City entered into an agreement with Caltrans which delegates
Caltrans' obligation to maintain the landscaping within the 1-580 right-of-way to the City, and authorizes the
City to delegate such maintenance obligation to the adjoining property owner; and
WHEREAS, the property owner, Shamrock Ford, Inc., has executed an Agreement between the
City of Dublin and Shamrock Ford, Inc., for Maintenance of Landscaping along 1-580, thus accepting the
maintenance obligation; and
WHEREAS, Shanu'ock Ford will assume the maintenance obligation for the landscape improvements
within the 1-580 right-of-way until January 1, 2019, at which time the maintenance obligation will revert back
to Caltrans;
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Agreement between
City of Dublin and Shamrock Ford; Inc., for Maintenance of Landscaping along 1-580,
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 1 st day of April, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Mayor
City Clerk
AGREEMENT BETWEEN THE CITY OF DUBLIN
FOR
MAINTENANCE OF LANDSCAPING ALONG 1-580
THIS AGREEMENT (this "Agreement") is made and entered into this th day of
_, by and between the City of Dublin, a municipal corporation (City) and F4R-S-T --> St-/c/tqR, cb;
(Developer). Coa P~R ~ rr o~
~C~S
A. Developer holds legal interest in and desires to develop the real property described
in Exhibit A attached hereto (the Property).
B. Condition of Approval No. 30 from Community Development Director
Resolution No. 03-99 for Tentative Parcel Map.7287 approved on April 16, 1999 and Condition
of Approval No. 53 from City Council Resolution No. 74-99 for the Site Development Review
,application approved on April 20, 1999 require Developer to enter into a landScape agreement
with City for landscaping (the "Landscaping") along the frontage of the Property within the
Caltrans right-of-way for Interstate 580, which area is depicted on Exhibit B attached hereto.
Developer has satisfied this condition (and City hereby acknowledges that such condition has
been satisfied) by concurrently herewith entering into an agreement with the City for installation
and maintenance of the Landscaping.
C. City has entered into an agreement with Caltrans entitled Agreement for
Maintenance of Landscaping on State Highways in the City of Dublin, dated November 24, 1999,
(the Caltrans' Agreement), a copy of which is attached hereto as Exhibit C. The Caltrans
Agreement delegates Caltrans' obligation to maintain the Landscaping to City and authorizes
City to re-delegate such maintenance obligation to Developer, subject to certain conditions.
D. The purpose of this Agreement is to re-delegate the City's obligations for
maintenance of such Landscaping to Developer for the 1-580 right-of-way adjacent to the
Property.
E. Developer may create an Owners Association (the "Association") to maintain the
common area on the Property, among other tasks, and may assign its obligations under this
Agreement to the Association upon the Association's creation, which assignment is acceptable to
City, provided that it is made in accordance with the terms hereof.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the
mutual provisions, obligations and covenants herein contained, City and Developer agree as
follows:
G:DEVELOPkAutoNation\agmt maintain landscaping
AGREEMENT
1. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
2. Re-Delegation of Maintenance Obligation to Developer.
City hereby re-delegates and assigns its obligations under the Caltrans Agreement to
maintain the Landscaping along the frontage of the Property within Caltrans' right-of-way for
Interstate 580 to Developer, and Developer hereby assumes and agrees to perform said
obligations.under the Caltrans Agreement.
3. Assignrnent.
Developer shall have the right to assign its obligations under this Agreement to the
Association (the "Assignment"), which Assignment shall be evidenced by an assignment and
assumption agreement (the "Assignment Agreement") in form and substance reasonably
satisfactory to the City's Director of Public Works and the City Attorney.
4. Indemnification.
Developer agrees to defend City against any claims or actions arising during the period
prior to the Assignment and arising from Developer's actions pursuant to this Agreement, and
Developer shall indemnify and hold City harmless from any damages associated therewith that
may be awarded against City. Upon the Assignment, the Association shall defend City against
any claims or actions arising during the period after the Assignment and ahsing from the
Association's actions pursuant to this Agreement, and the Association shall indemnify and hold
City harmless from any damages associated therewith that .may be awarded against City.
City agrees to defend Developer (and/or the Association, as applicable) against any
claimsor actions arising from City's actions pursuant to this Agreement, and City shall
indemnify and hold Developer (and/or the Association, as applicable) harmless from any
damages that may be awarded against Developer (and/or the Association, as applicable) in
connection with City's actions pursuant to this Agreement.
5. Encroachment Permit.
If required by Caltrans in accordance with the Caltrans Agreement, City hereby covenants
and agrees to obtain and maintain the necessary encroachment permit (naming Developer and the
Association as additional beneficiaries of such permit) from Caltrans to allow Developer (and its
successors and assigns) to perform its obligations under this Agreement. Developer (and its
successors and assigns) shall not be in default of this Agreement for failure to perform some or
G:DEVELOPXAutoNation\agmt maintain landscaping Page 2
all of its maintenance obligations hereunder if City fails or is unable to obtain the requisite
encroachment permit.
6. Termination.
Developer may terminate this Agreement by providing six months notice to City and by
paying to City an amount of money reasonably deemed sufficient by'City to generate income for
City to maintain the Landscaping with its own forces or by contract.
City may terminate this Agreement by providing Developer 30 days notice in writing, in
which event Developer shall not be required to pay any amounts to City to generate income for
City to maintain the Landscaping with its own forces or by contract.
Notwithstanding anything to the contrary contained in this Agreement, if not earlier
terminated by either party in accordance with this Section 6, this Agreement shall automatically
terminate upon the termination of the Caltrans Agreement (which Caltrans Agreement terminates
on January 1, 2019).
7. Amendment.
This Agreement may not be amended or otherwise modified except in a writing executed
by all parties hereto. City hereby agrees that any amendment or other modification to the
Caltrans Agreement that would result in any impairment of DeveloperTs (or its successors or
assigns) rights or expansion of its obligations under this Agreement shall require the prior written
approval of Developer (or its successors or assigns).
8. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall constitute an original and all of which taken together shall constitute one and the
same instrument.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
G:DEVELOPXAutoNafion~gmt maintain landscaping Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
CITY OF DUBLIN
By:
Mayor
G:DEVELOP~utoNation\agmt maintain landscaping Page 4 of 7
STATE OF )
)
COUNTY OF )
On , before me, , 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 whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF FZORIJ~ )
) SS.
COUNTY-OF ~0~/3 )
On ~~Rg /Oj ~OO~ ,beforeme,~R~ ~ ~'Jliam~ ,aNota~Publicin
and for said state, personally appeared ~gW~ZZ Z. ~R~*~ , Eersonally ~own to me (or
proved to me on the basis of satisfacto~ evidence) to be the person whose name is subschbed to
the within instrument ~d ac~owledged to me that he/~ executed the same in his~r
authohzed capaci~, ~d that by his/~ si~at~e on the inst~ent, the person, or the entity upon
behalf ofwNch the person acted, executed the ins~ment.
WITNESS my h~d and official seal.
Not~ Public in and for said State -:~ ~
G:DEVELOPkAutoNationkagrnt maintain landscaping Page 5 of 7
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 2 AS SAID PARCEL IS SHOWN ON CERTAIN LOT LINE ADJUSTMENT NO.
L-00-10 AS APPROVED BY THE CITY ENGINEER, CITY OF DUBLIN, AND RECORDED
ON JANUARY 2, 2001 AS INSTRUMENT NO. 2001000373 IN THE OFFICE OF THE
RECORDER OF ALAMEDA COUNTY.
G:DEVELOP~AutoNation\agmt-maintain landscaping Page 6 of 7
EXHIBIT
LANDSCAPING AREA
N ~'~'3'~" E
e~"t t~5t." E
N 8B~871:,g" ~k 5.42'
PA,B6E-L 8 N 0:~"11'5:~" E ~ NEW. P~CEL
PA~gE:L MAP 71 1 8 POteNT OF 28.50' LINE ~ 0~'~9"~E' /
~8,~ P~ 5a .DEGI;N'N,tNG L- /.
/
PARCEL 2 PARCEL 'A'
234 PM B5
: t9.148 AC.~
FABCEL ' C' '
PA:~CEL ~.P 7a~7
~N 88'P~8'D9" w ~4,8 FM 7
- 16.00' 19.17 AC.~ N~ / z .~
P~E,S:~;L ~.P 7t18 ADBBE~: 4ee:e DUBLIN BLVD. ~C
2,82 F~ 5'~
/
/
N 8'8~8'14" ~
Z9-7, BS' 158.59' //
A~R~MENT FOR ~~CE OF ~DSCAp~NG
ON STA~ HIGHWAYS IN THE Ci~ 0F DUBLIN .
'This AGREEMENT is made effe~ive ~is '~i day of ~~~, 1999,
b~ and b~=sn ~he State of Caiifprnia, abting by and ~r0ugh ~e Dep~ent
Transpo~a~ion, hemina~er refe~e~ to as ~STA~E,~ and ~e Ci~ of Dublin.hereina~er
referred to ~
. The pa~i~ d~ire to pro,de ~ CI~ pe~0~ p~icul~ mainte'n~ce.
- run,ions, on the ~e' highways WEh[n. ~e CI~ as au~/ze~ .in Se~ion 1'30
of ~he ~e~ ahd Highways Code.
!1. This Agreement shall, supplement .any previous agreement for ~aintan~ce of
the id~antifiad:po~ion of ~e ~te highways .in the C~ of Dublin and/or
amendme~ ther~o' w~h-the CI~.
The C~ shall ps~o~ such mai~en~n=e wo~ as is specificaBy delegated t0
~, on the ~dent~ed Stye highway ro~es, ~r p~ions ~mof, ali as herein=~er
described under Exhibit A, a~ached t0 and made a pa~ 0f this .Agreement, or
as said E~ibit may be subsequen~y modified, wi~ the consent of the pa~es
here~o acting by. and ~hrough their a~horized representatives.
When f~ure" landscaping is to,be' instalfed under STATE-~ued encroachment
pe~A~ 'S~ATE will provide a.neWly ,dated and revised ~hibit A, ~hich, when
accepted In writipg by ~, Sh~il. be made a pa~ hsr~f
· . supersede the original ~hibA as pa~ of ~is Ag'r~emen~.
IV. The degree-or e~ent of maintenance work to be peffo~ed, and ~s s~nda~ds
thamfore, Shall be in acco~ance-w~ the pro~sions of Section,27 of the
~ets and HighWays Code and ~e then current edition of ~e Stye
Maintenanc~ Manual, or as may be prescribed ~om ~ime to ~me by ~e DiS~i~
Direc~r. =Di~ri~ Dire~or," as used herein, means the ~i~ct Dire~or .of
Depa~en~ of Tra~po~a~on assigned to the te~Ao~ in whi~ Ct~ is
10~t~, or an =~h0rized representative. .' "
The STATE resales ~ option_ to inspect ~ mndo~ all areas of.State
highways, maintained, by the C~.' However, such rend'om inspe~ion does n~
preempt'~he Ci~'s maintenance rasponsibilEies as speckled' in this
Agreement.
~ encroachment permi~ will be required for thi~ pa~ies when mainten~ce
work.is re-deleg.~ed. Such r~dategetad wor~' shalt be paroled at ~e sams
love. is Of servic.s as sperm, ed herein and. will ,be subject to the .same random
inspections as. provided for work performed 'directly by CiTY forces,
V. The ~Jnc~ions and levels ~f maintenance service delegated.to'the' CiTY.in the
atl~hed Exhibit A, ~Delegafibn of LandsCape Matntanahce.,u has bean
oo!3sidered :in setting authorized total dollar amounts. The CITY may. perform
additiorial wore if desired, but'the STATE will not. reimburse the CITY for any
work in excess of the authorized dollar limits established herein. -.
Nothing, in the provisions of this Agreement is intended 'to create dufie~ or
Obligsl~cns to or rights in third, parties not pa~ties to this corm'act, or to affect.
the legal liability of either party to ?,he contract by imposing any standard of
care respecting the maintenance of State highways different'from the standard
of car. e imposed by taw.
VII. Rights granted ~o C[~ under this Agreement are restricted to ma.i~tenance
dt~tie~. Any other use or pr. esen¢~, by C[.T~, including a contractor for CITY,
will require that a separate encroa~hmer~t permit be issued from STATE,
'VIii. CiTY shall not, a.t ar~y time, use or permit the public ~o use the landscaped
areas subject' to maintenance under this Agreement, hereinafte~
"LANDSCAPED AREAS,' in. aR¥ manner .that will ]n~erfere with or {repair the
primary highway transportation use of STATE's righ~ of Way or other uses
licensed or pertained by STATE.
Should Ci'f~ desi~-e to recons~r[zc~ or fu. rther improve LANDSCAPED ARF. AS~
CITY' Shall obtain ail necessary-design approvals and a new additional
encroachmen~ permit' from STATE.
X.. CITY shalI be responsible ?or all ¢os~ 'associated with rel0ca~Jng or
protecting any elements of the LANDSCAPED AREAS in the event that such
action is required due to any work proposed, pertained, or performed by
STATE tha~ might be necessarY/to expand, modify, mah3~ain, or repair
STATE's highway system. STATE shatl provide sufficient notification ~0
CITY prior ~o 'the start' of .any such worE.
XI. ~TATE reserves its right'to use all o~ those areas within STATE~'s P[ght of
~a¥, including LANDSCAPED AREAS, for future construction.,
reconstruCtion, expansion, modification, or maintenance purposes .withou~
restriction, i~cluding the area encompassing the LANDSCAPED AREAS.
CiTY shat! not .enter the adjacent roadbed of State highways, which in¢Iudes
the roadbed of"ramps~.during maintenance of LANDSCAPED AREAS, nor
shall CiTY use ~aid r0ad~ed as'an access to anc~ fromm LANDSCAPED AREAS
- unless e×presS~l~/provided for in a separate 'encroachment permit obtained
'from STATE.
XIV. 'A description of those, maintenance functions delegated to. CFTY are included'
in this section. ThoSe functions are identified by STATE's HM Program
Codes,
HM2D'.. L;T~: .EPJDEBRI$1GP~. FFm
CiTY shal[ provide for removal cf. litter, debris, and graffiti from the roadsides
' along LAEIDSCAPED AREAS, · Litter, - debris, and.graft-Cd includes, but is not' ,
timtted to, all sand, paper, garbage, refuse, tfimmings~ and other natural 'or
man-made intrusions resulting from public .passage and access or acts of.
God.
HM2E LANDSCAPING.
CITY shail provide for m~intenance and r. epiacement.of all vegetative
.. mater[at,.including watering, fertilizing, pi.ant replaceme .nt, 'weed control by
hand and mechanical means,, tree trimming and/or removal, chipping,
misCellaheous work such as pes.t..control and inhibitor spray. The
maintenance' of the irrigation system is included.
XIV. It is understood and agreed that neither'the STATE nor any officer Or employee
'.thereof is responsible for any damage or.liability occurring by reason of
anything done or omitted to be done by the CITY under or in-connection ~vith'
any work, authority or jurisdiction delegated to .t..he. CITY under this Agreement.
It is underat=od and.agreed that, pursuant.to Go.v~mment bode'Section
.895,4, CITY shall defend, indemnify and Save hah~less l~he State of California,
all Officers arid employees from all Claims, suits or' actions of eYery.name~ kind
and deScription brought for-er in account of injuries to or death of any person
or damage to property r..e~ul1~ing, fr~rn anything dena Or'omitted'to be dc~ne by
the CiTY under o'r in ccnnectlon With 'any wor'P,, authority or jurisdiction
delegated to the CiTY under this 'agreemen~o
· XV. It is ~nderstood and agreed that neither the CiTY nor any officer or employee
thereof is responsible for any damage Or liability 0~urring by reason of
.anything done or omitted to be don~' by the STATE under or in connection
with any work, authority or jurisdiction delegated .to..the STATE under" this.
Agreement. tt is. understood and.agreed' that, pursuant to Government Cod~
Section ~9.~.4 ~TA~, shall defend, indemn~ and ~e h~l~s the Ci~, all
o~cers -~d e~lo~e~ from ali 'claims.,. s~s or amions of eva~ name; ~nd.
and d~crip~on brought for of ~ acco. un~ of injuri~ ~ or d~h. Of any pemon
or damage ~ prope~ ~u~ng from an~ng done or om~ed to be done by
'.~e STA~ under or in cohn~on w~ any work, a~o~ or jurisdi~on
delegated ~ the STATE Under this agr~men~.
XVI. This'Agr~ment shal.l.rem~ in. full force and ~em'un~ amend~' b~ ~.
m~al ca~e~ of ~e p~ there~ or ta~inated by ~Eher pa~ upon
(30) days w~en notice ~ the other
. 'If CI~ .gNes such notice, Ci~ shall remove the landscaping subje~ to
maintenance under ~is Agr~me~ at no cos~ to STATE. ~em~ivaly, ~ C~
and STATE 'm~ally agree in wrEing, STATE may take over Iow maintenance
· .of the tands~ping subje~, to ~is Agreement.
IN WITNESS WHE~OF, ~e pa~iss her~o have set their hands and s~ts
day. and year fir~ above'
CITY .OF DUBLIN STATE OF' CAEtFORNIA
DEPARTMENT OF TRANSPORTATION
MaYo~ ~ Director of Transportation
A~est: By ' ..
Di~dct Division Chi~
· ' · Maintenance
'ApProved aS to f°rm~
C~ A~6mey
LANDSCAPED AREAS
Location. Route ~. 'Post Encroachment .- See Exhibit A Termination Date
No. No. Miles Permit No. Pages (See Note ;2)
1 580' 18.6' 98-0864 '3 and'Z~ Janua~ i, 2019
Note:'
2. -sTATE .shall assume H~2D and NM:gE program world,, and th& cast. and liability
thereof, for the landscaped 'area identified by' location, number an the termination
date .indicated.
2
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~:~ ~=: :=:: ~ CARRIER
~~~===}~ STAGING
TASSAdARA CR££K
AUTONATION usa - DUBLIN, CALIFORNIA - SHAMROCK FORD