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HomeMy WebLinkAbout2013-12-17; City Council; 21459; Approving Maintenance CT 02-17 Fair Oaks ValleyCITY OF CARLSBAD - AGENDA BILL AB# 21.459 APPROVING THE STREET TREE MAINTENANCE AGREEMENT WITH CWV LA COSTA 49, LLC FOR CT 02-17 - FAIR OAKS VALLEY DEPT.DIRECTOR |SJI\£^ MTG. 12/17/13 APPROVING THE STREET TREE MAINTENANCE AGREEMENT WITH CWV LA COSTA 49, LLC FOR CT 02-17 - FAIR OAKS VALLEY CITY ATTORNEY ^ DEPT. CED APPROVING THE STREET TREE MAINTENANCE AGREEMENT WITH CWV LA COSTA 49, LLC FOR CT 02-17 - FAIR OAKS VALLEY CITY MANAGER RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2013-290 APPROVING a Street Tree Maintenance Agreement with CWV LA COSTA, LLC for CT 02-17 Fair Oaks Valley. ITEM EXPLANATION: Pursuant to condition 34 of Planning Commission Resolution No. 5954, the property owner, has executed a Street Tree Maintenance Agreement for CT 02-17 Fair Oaks Valley (Agreement). This Agreement addresses the maintenance of street trees in the public right-of-way for Fair Oaks Valley (Project). It is anticipated that the obligation to maintain street trees will be transferred to the Home Owners Association (HOA) forthis project. This subdivision is within Local Facilities Management Plan (LFMP) Zone 11 and is generally located at the southerly terminus of Camino Junipero. This Agreement has been reviewed by Planning, Engineering, Finance and the City Attorney's Office. Based on staff review, this agreement satisfies condition 34 of Planning Commission Resolution 5954, therefore, staff recommends approval ofthis agreement ENVIRONMENTAL IMPACT: The approval of an Agreement is a ministerial process and is exempt from the requirements ofthe California Environmental Quality Act (CEQA) pursuant to Carlsbad Municipal Code Section 19.040.070 A.l.a. FISCAL IMPACT: Street tree maintenance will be performed by the HOA for this project. If the HOA fails to maintain street trees, in accordance with the terms ofthe Agreement, the City may cause the Street Lighting and Landscape District #2 to assess property owners for the costs of street tree maintenance. Therefore, this agreement has no fiscal impact on the City. EXHIBITS: 1. Resolution No. 2013-290 approving the Street Tree Maintenance Agreement with CWV LA COSTA 49, LLC for CT 02-17 Fair Oaks Valley 2. Location Map 3. Street Tree Maintenance Agreement for CT 02-17 Fair Oaks Valley. DEPARTMENT CONTACT: Steve Bobbett, 760-602-2747, steve.bobbett(i5)carlsbadca.eov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 RESOLUTION NO. 2013-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A STREET TREE MAINTENANCE AGREEMENT WITH CWV LA COSTA 49, LLC FOR CT 02-17 FAIR OAKS VALLEY. WHEREAS, the Property Owner, CWV LA COSTA 49, LLC, has executed a Street Tree Maintenance Agreement for Fair Oaks Valley (Agreement), and has submitted the Agreement to the City of Carlsbad for approval; and WHEREAS, the Property Owner has submitted this Agreement pursuant to Condition No. 34 of Planning Commission Resolution No. 5954; and WHEREAS, staff recommends approval of this agreement in that it satisfies Condition No. 34 of Planning Commission Resolution No. 5954. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Street Tree Maintenance Agreement for CT 02-17 Fair Oaks Valley between CWV LA COSTA 49, LLC and the City of Carlsbad, 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 forward said Agreement to the Office of the County Recorder for recordation. /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 17*^ day of December, 2013, by the following vote to wit: AYES: NOES: Council members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. ATTEST: BARBARA ENGLESOIVCity Clerk LOCATION MAP WOT" ro SCALE PROJECT NAME FAIR OAKS VALLEY PROJECT NUMBER CT02'17 EXHIBIT 2 PLOTTED BY: SCOTT EVMS PLOT DAlE-M/JO/fJ PX7H:D;\0£VQOPM£Nr PR0JECTS\Cl\Cm-17.DW 4 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: CITY OF CARLSBAD Attn: City Clerk 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL MO.: 223-061-01 & 02 PROJECT ID: CT 02-17 PROJECT NAME: Fair Oaks Valley RELATED PROJECT ID: STREET TREE MAINTENANCE AGREEMENT This Agreement is made by and between CWV La Costa 49 LLC, a Delaware limited liability company ("Owner") and the City of Carlsbad, a municipal corporation ("City"), (collectively, "Parties"). Recitals WHEREAS. Owner owns certain real property in the City of Carlsbad, 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 to develop Property in accordance with Tentative Map No. CT 02-17 Fair Oaks Valley ("Project"); and, WHEREAS, in consideration ofthe 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 right-of-way line; and, WHEREAS, the Project is required to be annexed into Street Lighting and Landscape District #2 (District). District is a financing mechanism to fund the maintenance and replacement of certain improvements within the right-of-way including public street lights, arterial median landscaping & irrigation, and Street Trees; and, WHEREAS, In lieu of District 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 ofthe 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. City of Carlsbad'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 440-5L, (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 City 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 described as: 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 Carlsbad'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 prior 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 irrigation 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 attomey'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, described 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 retum receipt requested, or by other comparable commercial means and addressed as follows: If to the City: City of Carlsbad, City Engineer 1635 FaradayAvenue Carlsbad CA 92008 If to the Owner: CWV La Costa 49 LLC 5927 Priestly Dr. Suite 110 Carlsbad CA 92008 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 safety 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 restrictions. 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 City that it intends to, and has the authority 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 /// /// /// /// /// /// /// /// /// /// /// /// CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of DL^-> On t^^a n before me, lUdlTaiM 7>'W, A/A^K/J T^^d. ^ (Here insert nme and title of the officer)_J personally appeared _ who proved to me on the basis of satisfactory evidence to be the person(^) whose name(0 is/ftfe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/fe©f/their authorized capacity(i#s^, and that by his/hm/their signature's) on the instrument the person^), or the entity upon behalf of which the person's) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MORGEN FRY Commission # 1918442 Notary Public - Calilornia 1^ Signattrfe ofNotary Public (Notary Seal) 1 Nsn^^ County g 1 My Comm. Expires Dec 24,20141 ADDITIONAL OPTIONAL INFORMATION DESCPUPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) nt conxir Number of Pages Document Date_ (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. ceriifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/#»yr is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature ofthe notary public must match the signature on file with the office of the county clerk. • Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document, • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com 13. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, the undersigned has executed this instrument this 21 day of October 20 13 OWNER: CWV La Costa 49 LLC, a Delaware limited liability company By: California West Communities, LLC, a California limited liability company. Its Manager By: Donald W. Fontana (Print Name Here) (Print title) (Sign Here) (Print Name Here) CITY OF CARLSBAD a Municipal Corporation of the State of California By: tt Hall, Mayor ATTEST: Barbara Engleson;;?; City Clerk (Print title) APPROVED AS TO FORM: Celia Brewer City Attorney By: /^^ S^k^ Ron^Kemp \ Assistant City Attorney (Proper notarial acknowledgment of execution by OWNER must be attached) (Chairman of the Board. President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations If only one officer signs, the corporation must attach a resolution certified by the secretary or CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of San Diego } On October Jl, 2013before me, M.K. Stuckey, notarv public Here Insert Name and Tille of the Officer personally appeared Donald W. Fontana Name(s) of Slgner(s) M.K.STUCKEY Commission* 1933217 Notary Public - Caiifornia 1 ^ San Diego County J My Comm. Expires May 16,2015 L "9 9 9 9 who proved to me on the basis of satisfactory evidence to be the person0;) whose name(W) Is/a)^ subscribed to the within instrument and acknowledged to me that he/^e/tl^y executed the same in hisWtf^lr authdrized capacity(|^s), and that by h's/^T^r/m^"" signature^ on the instrument the persbnn^, or the entity upon behalf of which the person('^ acted, executed the instrument. 1 ceriify 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. Place Notary Seal Above Though thejnformatjon below,s not required by law. it may prove valuable to persons relying oJthe document and could prevent fraudulent removal and reattachment of this form to another document ^^"^ Description ®f Attaehed Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaelty(ies) Claimed by Signer(s) Signer's Name: Number of Pages: • Corporate Officer — Title(s); • Individual • Partner-• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner - • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: >20i0 National Notaiy Association - NatlonalMotary.org - 1-800-US NOTARY {•1-800-876-6827) Item #5907 EXHIBIT "A" DESCRIPTION PARCBL 1: ™ ^^^^ ^^^^ LOT ^ OF RANCHO LAS ENCINITAS, IN THE ^™ J^^' ^0™TY OF SANDIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF LOT 6 AS SHOWN ON LICENSED SURVEYOR'S MAP NO. 443, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 2°52'55" WEST ri?^™ TTT^T.^^^ OF SAID EAST HALF 1388 FEET; THENCE PARALLEL WITH ^n^^?^^^^:?^i^^ LOTNORTH 87°01'50" EAST 1318 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT 6; THENCE SOUTH 2°58'45" EAST ALONG SAID EAST LINE 1388 FEET TO THE SOUTHEAST CORNER OF SAID LOT- THENCE ALONG SAID SOUTH LINE SOUTH 87^01 '50" WEST 1318.30 FEET TO^TOE POIOT^^^ BEGINNING. PARCEL 2: ' ^ ™ ^^^T OF LOT 6 OF RANCHO LAS ENCINITAS, IN THE ?nl?l^^!^^?.'^^™^^ OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF COUNTY, JUNE 27, 1898, LYING WITHIN THE FOLLOWING DESCRIBED r ARCEL OF LAND: COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HALF OF SAID LOT 6 AS SHOWN ON LICENSED SURVEYORS MAP NO. 443, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF SAID EAST HALF NORTH 2°52'55" WEST 1388 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 2°52'55" WEST 1256 62 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF; THENCE NORTH 75°47'10" EAST ALONG THE NORTHERLY LINE OF LOT 6 A DISTANCE OF 1340 37 FEET TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE EAST LINE THEREOF SOUTH 2°58'45" EAST 1518 FEET TO A LINE WHICH BEARS EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT 6 FROM THE TRUE POINT OF BEGINNING- THENCE SOUTH 87°0r50" WEST ALONG SAID PARALLEL LINE 1318 FEET MORE OR LESS, TO THE TRUE POINT OF BEGINNING ^^^i.MUKh UK RALPH STONE & ASSOCIATES LANDSCAPE ARCHrTECTURE . PLANNING 1345 ENCINITAS BLVD., #630 ENCINITAS, CALIFORNIA 92024 (858) 755-3188 STREET TREE COUNT O PRIVATE STREET TREE STREET TREE IN PUBLIC R.O.W. TO TO BE MAINTAINED BY HOA 159 STREET LIGHT COUNT -< PRIVATE STREET LIGHT DECORATIVE STREET LIGHT IN PUBLIC R.O.W. TO BE MAINTAINED BY HOA 14 FAIR OAKS VALLEY EXHIBIT B STREET TREE AND STREET LIGHTING EXHIBIT SLLD #2