HomeMy WebLinkAbout2013-04-30; City Council; 21193; Tree Maintenance La Costa Town Square CT 08-03CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
21,193
4/3Q/13
DEPT. CED
APPROVING A STREET TREE MAINTENANCE
AGREEMENT WITH DEVELOPMENT SOLUTIONS
2LAC, LLC FOR LA COSTA TOWN SQUARE
RESIDENTIAL, PROJECT NO. CT 08-03
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2013-083 approving a Street Tree Maintenance
Agreement with Development Solutions 2LAC, LLC for La Costa Town Square Residential, Project
No. CT 08-03.
ITEM EXPLANATION:
Pursuant to condition 29 of Planning Commission Resolution No. 6582, the property owner, has
executed a Street Tree Maintenance Agreement for La Costa Town Square, Residential (Agreement).
This Agreement addresses the maintenance of street trees in the public right-of-way for La Costa
Town Square Residential (Project). It is anticipated that the obligation to maintain street trees will be
transferred to the Home Owners Association (HOA) for this project.
This Agreement has been reviewed by Planning, Engineenng, Finance and the City Attorney's Office.
Based on staff review, this agreement satisfies condition 29 of Planning Commission Resolution 6582;
therefore, staff recommends approval of this agreement.
ENVIRONMENTAL IMPACT:
The approval of a street tree maintenance agreement is a ministerial process and is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Cartsbad Municipal
Code Section 19.04.070 A.1.a.
FISCAL IMPACT:
Street tree maintenance will be performed by the HOA for this project. If the HOA fails to maintain the
street trees, in accordance with the terms of the Agreement, the City may take over the maintenance.
If the City takes over the maintenance, property owners will be assessed through Street Lighting and
Landscape District #2 for the costs of street tree maintenance. Therefore, this agreement has no fiscal
impact on the City.
EXHIBITS:
2.
3.
Resolution No. 2013-083 approving the Street Tree Maintenance Agreement with
Development Solutions 2LAC, LLC for La Costa Town Square Residential, Project No. CT 08-
03.
Location Map.
Street Tree Maintenance Agreement for La Costa Town Square Residential, Project No. CT
08-04.
DEPARTMENT CONTACT: TecIa Levy 760-602-2733 tecla.levv(S^cartsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED d CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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EXHIBIT 1
RESOLUTION NO. 2013-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A STREET TREE
MAINTENANCE AGREEMENT WITH DEVELOPMENT
SOLUTIONS 2LAC, LLC FOR LA COSTA TOWN SQUARE
RESIDENTIAL. PROJECT NO.. CT 08-03.
WHEREAS, the Property Owner, Development Solutions 2LAC, LLC, has executed a
Street Tree Maintenance Agreement for La Costa Town Square, Residential (Agreement), and has
submitted the Agreement to the City of Cartsbad for approval; and
WHEREAS, the Property Owner has submitted this Agreement pursuant to condition 29
of Planning Commission Resolution No. 6582; and
WHEREAS, staff recommends approval of this agreement in that it satisfies condition 29
of Planning Commission Resolution No. 6582; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cartsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Street Tree Maintenance Agreement for La Costa Town Square
Residential, Project No. CT 08-03 between Development Solutions 2LAC, LLC
and the City of Cartsbad, which is attached hereto and incorporated herein by
reference, is hereby approved and the Mayor is authorized and directed to
execute said Agreement.
3. That the City Clerk is authorized to fonA/ard said Agreement to the Office of the
County Recorder for recordation.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Cartsbad on the 30*^ day of April, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
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\JJ HXLL, Mayor MATT
ATTEST:
RB/K^leN0ab^N,^ify Clerk
{SEAitL
LOCATION MAP
NOT TO SCALE
PROJECT NAME
LA COSTA TOWN SQUARE - RESIDENTIAL
PROJECT
NUMBER
CT08-03
EXHIBIT
Exhibit ^
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAILTO:
CITY OF CARLSBAD
Attn: City Clerk
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL
NO.
PROJECT ID
PROJECT NAME
RELATED PROJECT ID:
223-050-74-00
CT 08-03
La Costa Town Square,
Residential
STREET TREE MAINTENANCE AGREEMENT
This Agreement is made by and between Development Solutions 2LAC, LLC, a
Delaware limited liability company ("Owner") and the City of Cartsbad, a municipal corporation
("City"), (collectively, "Parties").
Recitals
WHEREAS, Owner owns certain real property in the City of Cartsbad, County of San
Diego, and State of California more properly described in "Exhibit A", attached hereto and
incorporated herein ("Property"); and,
WHEREAS, Owner seeks to record a final map(s) to develop Property in accordance
with Tentative Map No. CT 08-03 La Costa Town Square - Residential ("Project"); and,
WHEREAS, in consideration of the Project conditions-of-approval, Owner is required to
install trees within the parkways ("Street Trees"), where parkways are defined as the areas
along the sides of streets within the public street right-of-way between the back of the curb and
the nght-of-way line; and,
WHEREAS, Owner seeks to satisfy condition 15 of PC Resolution 6582 to ensure
ongoing maintenance is performed on Street Trees; and,
WHEREAS, the Project is required to be annexed into Street Lighting and Landscape
Distnct #2 (Distrtct). Distrtct is a financing mechanism to fund the maintenance and
replacement of certain improvements within the right-of-way including public street lights,
artertal median landscaping & irrigation, and Street Trees; and,
WHEREAS, In lieu of Distnct performing maintenance of Street Trees, Owner may elect
to perform said maintenance and, provided Street Tree maintenance is performed pursuant to
the terms of this Agreement, District will not assess street tree maintenance costs to property
owners within Project limits.
NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree
as set forth below.
1. Street Trees. Owner has prepared construction plans to install Street Trees in
accordance with the Project conditions-of-approval, Cify of Cartsbad's Community Forest
Management Plan, Landscape Manual, Municipal Code, Council Policy on Street Trees, and
City Standards, all as shown on the approved landscape and irrigation plan(s), DWG 475-2L,
(collectively "Landscape Plans") on file with the City. In addition to installing Street Trees, the
Landscape Plans described herein detail construction of other items not covered by this
Agreement. The term Street Trees, for the purposes of this Agreement, shall not include other
items. Other items include, but are not limited to turf, shrubbery, groundcover, irrigation, and
hardscape ("Other Items"). However, nothing in this Agreement shall preclude Owner or the
Association referred to in Paragraph 12 below from maintaining the Other items.
2. Street Tree Maintenance. Upon construction of Project improvements and Cify
release of security of Project improvements, Owner agrees, at its sole cost and expense, to
maintain, repair, and replace, the Street Trees described herein. The locations of Street Trees
covered by this Agreement are described in "Exhibit B", attached hereto. The maintenance
obligations are descnbed as:
/(Ait?* \
a. Owner shall perform all necessary maintenance on Street Trees including but not
limited to trimming, pruning, staking, root barriers, and street tree replacement, all in
accordance with the City of Cartsbad's Community Forest Management Plan, Landscape
Manual, Municipal Code, Council Policy on Street Trees, and City Standards to ensure Street
Trees are maintained in a healthy condition. Owner shall install only those species of street
trees as approved by the City. Owner is responsible to maintain street trees in locations as
shown on the approved Landscape Plan. Owner shall not remove or relocate street trees to
alternate locations without written prtor approval from the City. Owner shall perform
maintenance to prevent and, if necessary, address any immediate health and safety concerns
including but not limited to fallen Street Trees, overgrowth into vehicular or pedestrian travel
way, root damage to sidewalks, and visual impairments related to traffic movements. All
maintenance activities in this paragraph are described as "Street Tree Maintenance",
hereinafter.
Unless otherwise approved by the City, all Street Trees removed due to death shall be
replaced by the Owner with a Street Tree of the same species as the one removed, and within
the same vicinity as the one removed. The replacement Street Tree shall be of a minimum 15-
gallon container size, and shall be installed by the Owner no later than 45 days from the date
the prior Street Tree was removed.
3. Parkway Irrigation. Owner, at its sole cost and expense, shall provide for all
ongoing irrigation required to ensure adequate growth and, once established, to maintain the
Street Trees covered by this Agreement. Owner is responsible to maintain all Irrigation
Improvements as shown on the Landscape Plan (Irrigation Improvements). Owner shall
perform necessary inspections of irrigations systems and controllers to make adjustments of
seasonal water demands and irngation heads to provide the necessary water for Street Trees.
4. Successors and Assigns. This Agreement shall be binding and inure to the benefit
of the parties hereto and their respective legal representatives, successors, and assigns.
Owner agrees to incorporate this Agreement by reference in any subsequent deeds to the
property, but any failure to do so does not invalidate this provision.
5. Permits Required. Owner shall obtain all necessary permits required to perform
Street Tree Maintenance in City right-of-way.
6. Indemnity. Owner shall defend, indemnify and hold harmless the City, its officers,
employees and agents from any actions, suits, claims, damages to persons or property, costs
including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss
that may be asserted or claimed by any persons, firm, or entity arising from the Owner
performing Street Tree Maintenance, or lack thereof, descnbed herein.
7. Responsibility of Plans. Approval of the Landscape Plans by the City shall not
constitute an assumption by the City of any responsibility for such damage, costs, etc. City
shall not be an insurer or surety for the design, construction or maintenance of the Street Trees
pursuant to the Landscape Plans, nor shall any officer or employee thereof be liable or
responsible for any accident, loss or damage happening or occurring while performing Street
Tree Maintenance as specified in this Agreement.
8. Notices. Any notice which is required or may be given pursuant to this Agreement
shall be sent in writing by United States mail, first class, postage pre-paid, registered or certified
with return receipt requested, or by other comparable commercial means and addressed as
follows:
If to the City: If to the Owner:
Cify of Cartsbad, City Engineer Development Solutions 2LAC, LLC
1635 Faraday Avenue 4600 Wells Fargo Center
Cartsbad CA 92008 Minneapolis, MN 55402
which addresses may be changed from time to time by providing notice to the other party in the
manner described above.
9. Lien Capability. Subsequent to Owner notice, and lack of action to remedy the
breach of terms of this Agreement, the City may have the right, but the not the obligation to
perform certain Street Tree Maintenance to address issues that may involve public safefy and
the welfare of the public ("Public Safety Street Tree Maintenance"). The City may elect, at its
own discretion, to bill to Owner the costs the City incurred to perform Public Safety Street Tree
Maintenance covered by this Agreement ("Invoice"). The Owner shall pay the full amount
invoice amount within 60-days of the date of Invoice. If after 60-days of non-payment of said
Invoice, the amount listed on the Invoice shall constitute a lien on the Owner's Property subject
to enforcement and foreclosure in accordance with California State law. However, the lien rights
set forth in the declaration of restrictions required pursuant to Condition(s) 12(4) of City
Planning Commission Resolution No. 6582 shall apply instead of the lien rights set forth in this
Paragraph with respect to those portions of the Property that become annexed to the
declaration of restrtctions.
10. District. Pursuant to the conditions of approval. Project will be annexed into the
District to cover the maintenance of certain improvements within City right-of-way. Among
other requirements, District may collect assessments to perform Street Tree Maintenance.
Under the terms of this Agreement, District will not assess costs for Street Tree Maintenance,
provided Owner performs continued Street Tree Maintenance pursuant to the terms of this
Agreement.
11. Failure to Maintain. In the event that the Owner fails, at any time to perform Street
Tree Maintenance, the failure may be considered a breach of terms of this Agreement. The
City is the sole arbiter to evaluate the Owner performance of Street Tree Maintenance. The
City may elect, in the public's interest that the District take over Street Tree Maintenance.
Upon the City's determination, the City shall provide one (1) written notice to inform Owner that
the District intends take over Street Tree Maintenance covered by this Agreement. Within 90-
days after receipt of said notice, the District will take over responsibility of Street Tree
Maintenance and all property owners within the Project will, hereinafter, become annually
assessed the current assessment rate most recently approved by City Council, consistent with
the District requirements. The District, by assuming Street Tree Maintenance, shall not assume
any obligation to maintain Other Items or Irrigation Improvements. Owner is responsible to
maintain Irrigation Improvements and provide for ongoing irrigation necessary to maintain all
landscaping in the Parkway, including but not limited to Street Trees as described above.
12. Homeowners Association. Owner represents to Cify that it intends to, and has
the authorify to, unilaterally transfer said Street Tree Maintenance to a Homeowners
Association, as defined in Civil Code Section 1351(a) ("Association"), for the Project and that
such transfer has been provided for in the Declaration, and that such document(s) include the
Street Tree Maintenance provisions described herein. Upon or prior to transfer of obligations
under this Agreement to an Association for a portion of the Property, that portion of the
Property shall be annexed to the declaration of restrictions required pursuant to Condition(s)
17(4) of City Planning Commission Resolution(s) No. 6582 which shall include provisions to
collect adequate funds to perform Street Tree Maintenance covered by this Agreement.
Transfer to an Association shall not reduce, limit, or modify the obligations and terms set forth
in this Agreement. Nothing in this Agreement is intended to prevent the transfer to the
Association of any obligations under this Agreement
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of g^An "Pie^D
On K/\/QU before me, Mpy-A^^n tlU. KID'WIV'U TtlWliC. ,
• (Here inSert name and title of the efVicer)
personally appeared _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name('s) is/af& subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/hcr/th#ir authorized
capacity(tcs), and that by his/hef/thetr signature(*) on the instrument the person(s-), or the entity upon behalf of
which the person(^) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
U
Signature of Notary Public
(Notary Seal)
MORGENFRY
Commission # 1918442
Notary Public - California z
San Diego County
My Comm. Expires Dec 24,20141
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document) ^
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Numberof Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
• Individual (s)
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(Title)
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• Trustee(s)
• other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
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2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com
STATE OF MINNESOTA
COUNTY OF
On March 15, 2013 before me, Connie Schaupp - Notary Public, personally appeared Julie K Braun, Vice
President of Development Solutions 2LAC, LLC, who is personally known to me or proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that that they executed the same in their authonzed capacity
)f notaric (signature of notarial officer)
My commission Expires:
STATE OF MINNESOTA
COUNTY OF
On March 15, 2013 before me, Connie Schaupp - Notary Public, personally appeared Kevin Hiniker, Vice
President of Development Solutions 2LAC, LLC, who is personally known to me or proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that that they executed the same in their authorized capacity
CONSTANCE ANDREA SCHAUPP
NOTARY PUBUC-MINNESOTA
MY COMMISSION EXPIRES 01/31/2017 (signature of notarial officer)
My commission Expires:
Y.S \ 2-0 11
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EXHiBrr "A"
LEGAL DESCRIPTION
PARCEL 4 OF CARLSBAD MINOR SUBDIVISION NO. 04-08, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARCEL MAP THEREOF NO. 20982, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON JULY 11,2012 AS FILE NO. 2012-0402964 OF
OFFICL\L RECORDS.
CITY OF , OCEANSIDE
HIGHWAY!
PACIFIC
OCEAN
BUSINESS PARK DR.
CITY OF ENCINITAS
VICINITY MAP
LEGEND
STREET TREE (QTY: 33) - INSTALLED AND MAINTAINED BY DEVELOPER (PRIVATE)
EXISTING STREET TREE (QTY: 11)
STREET TREE (QTY; 732) - INSTALLED AND MAINTAINED BY DEVELOPER (PRIVATE).
TREE LOCATION IS APPROXIMATE AND CONCEPTUAL ONLY. FUTURE RESIDENTIAL
DEVELOPER WILL SUBMIT A PLANTING PLAN SHOWING THE EXACT LOCATION OF THE
TREES. TREES TO BE PLANTED 1 PER 40 FEET OF STREET FRONTAGE.
SHEET1
OF 3 SHEETS
'TESHIMA DESIGN GROUP
LA COSTA TOWN SQUARE (RESIDENTIAL) - STREET TREE EXHIBIT "B" iDOJOBMOi l^a
LA COSTA TOWN SQUARE (RESIDENTIAL) - STREET TREE EXHIBIT "B "
SHEET 2
OF S SHEETS
Pin—I ^TESHIMA DESIGN GROUP
North SCALE: l"=40'-0"
5"
IDOKBNOl ttm
MATCHUNE • SEE SHEET 1
SHEETS
OF 3 SHEETS
X. ^^^_J ^^TESmMA DESIGN CafiOUP 5-
LA COSTA TOWN SQUARE (RESIDENTIAL) - STREET TREE EXHIBIT "B"
North SCALE. l" = 4£J'-0" TOO KB ML