Section 4 C. Restrictive Covenants And Maintenance Agreements
SECTION 4 RIGHT-OF-WAY, EASEMENT AND LAND USE SPECIAL PROVISIONS
C. Restrictive Covenants and Maintenance Agreements
In order to enhance public property with landscaping and other architectural features, the City requires developers to design, construct and/or install such enhancements within public rights-of-way adjacent to their proposed developments.
These required enhancements are usually described in the Design Review or Historical Preservation Board’s Final Order. Pursuant to the execution of these requirements, the developers present plans of the proposed improvements within the right-of-way to the City for review and approval. The plans are reviewed for compliance with city standards and specifications by the Planning, Building, Parks, Parking, Fire and Public Works Departments.
The final approved plans are then approved for construction when presented by the Contractor to the Public Works Department for a right-of-way permit.
As a requirement to permit the construction of such improvements within the right-of-way and because of the limited City resources to maintain such enhancements in a well maintained condition, the Public Works Department will require the Developer to submit a Maintenance Agreement or a Restrictive Covenant running with the property for the maintenance of such enhancements. This Maintenance Agreement or Restrictive Covenant shall be prepared by the Developer or his designee and reviewed and approved prior to execution and recordation, by the Public Works Department and the City Attorney’s Office.
The following are the minimum guidelines for preparing such Agreement or Covenant:
1. The document shall provide a legal description of the property and its owner/s who will be responsible for maintaining the improvements within the right-of-way.
2. A description with attached sketches and plans if necessary describing the proposed enhancements within the right-of-way which are subject to the maintenance agreement.
3. Minimum known standards or a description of the acceptable state of the installed enhancements/improvements in which such items in the right-of-way shall be maintained at.
4. A liability insurance clause provided and maintained by the developer and holding the City harmless in the event of accidents due to these improvements.
5. A restoration cost clause for the developer’ s responsibility to restore the subject enhancements following a necessary and permitted utility cut for replacement, construction or maintenance work of utilities or a major natural disaster affecting such installed improvements. This may also include a condition for the City to take action to perform such repairs within timely manner to safeguard public interests at a cost which will become reimbursable to the City by the developer or its successors.
Upon execution of the Maintenance Agreement or Restrictive Covenant by the developer or the legal representative of the property owner/s, the document shall be recorded and a copy of the recorded document submitted to the City’s Public Works Department.
Public Works Department shall conduct a final inspection of all the constructed improvements together with representatives of all the concerned Departments such as Parks, Planning, ADA etc. and an acceptance and close-out of the right-of-way permit shall constitute acceptability of the conditions for the Maintenance Agreement or Covenant.