Attachment 2 - AMENDMENT ONE - AGREEMENT BRICKYARD 3637 - FINAL.pdf — Richmond City Council, September 26, 2023

1 (Space above for Recorder's use only)

AMENDMENT TO IMPROVEMENT AGREEMENT FOR
SUBDIVISION 3637 – BRICKYARD COVE UNIT NO. 3

This AMENDMENT TO IMPROVEMENT AGREEMENT FOR SUBDIVISION 3637 – BRICKYARD COVE UNIT NO. 3, dated February 22, 1982 (“ 3637 AMENDMENT”) is made and entered into this __ day of __________, 2023, by and between the CITY OF RICHMOND, a municipal corporation (“City”) and BOARDWALK CAL, LLC, a Delaware limited liability company, as to a 20% tenant-in-common interest; BOARDWALK CK 40, LLC, a Delaware limited liability company, as to a 6% tenant -in-common interest; BOARDWALK CORONADO, LLC, a Delaware limited liability company, as to a 9% tenant -in-common interest; BOARDWALK PALMS, LLC, a Delaware limited liability company, as to a 25% tenant -in-common interest: and BOARDWALK TV, LL C, a Delaware limited liability company, as to a 40% tenant -in-common interest (collectively, “Boardwalk”). “City” and “Boardwalk” are hereinafter referred to collectively as the “Parties”.

WITNESSETH:

WHEREAS, Boardwalk owns and maintains certain parcels in that certain subdivision now commonly known as Richmond Boardwalk (“Subdivision”), more particularly described as follows:

Subdivision 3 637 in the County of Contra Costa, State of California, per the final subdivision map recorded on March 5, 1982, in Book 262 of Maps at pages 43 through 47, in the Office of the Recorder of Contra Costa County, California.

WHEREAS, City and Boardwalk, as successor-in-interest to the former owners of Boardwalk’s parcels within the Subdivision , are parties to that certain IMPROVEMENT AGREEMENT FOR SUBDIVISION 3637 – BRICKYARD COVE UNIT NO. 3 , dated the 22nd of February, 1982 (the “Agreement”), and recorded at Page 348 of Book 10690 of the Official Records of the County of Contra Costa and such agreement among other things, contemplated dedication of the Road Infrastructure (defined below) to the City; and

RECORDING REQUESTED
BY:

WHEN RECORDED MAIL TO:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attn: Director of Public Works

NO FEE FOR RECORDING PURSUANT TO
GOVERNMENT CODE SECTION 27383

2 WHEREAS, Boardwalk owns certain real property encompassing a portion of Brickyard Cove Road, commonly known as APN s 560-430-013 and 560-410-065 and more particularly described in Exhibit A hereto (the “Road Property”); and
WHEREAS, since its development, Boardwalk or its predecessors -in-interest have owned, operated and maintained the portion of Brickyard Cove Road (the “Road”) in the Subdivision, its curbs, gutters and sidewalks (the “Road Infrastructure”); and
WHEREAS, work on the Road Infrastructure commenced in 1968 and was completed in 1970.

The Road has been resealed at least once since completion and was restriped in 2021. Boardwalk has regularly performed repairs and maintenance on the Road; and WHEREAS, the Parties desire to amend the Agreement as specified herein and a resolution (the “Resolution”) has been prepared for adoption by the City Council.

NOW, THEREFORE, it is mutually agreed by the Parties as follows:

1. Boardwalk hereby offers the Road Infrastructure, including fee title to the Road Property, for dedication to the City for ownership, operation, main tenance, repair and replacement of the Road Infrastructure.

2. City intends to accept the dedication and so shall accept such offer of dedication upon adoption of the Resolution, subject to the conditions specified therein, and the date of satisfaction of such conditions shall be deemed the Effective Date.

3. Boardwalk shall make a one-time payment of Fifty-Two Thousand Forty and 00/100 Dollars ($52,040.00) to the City on or before the Effective Date. These funds will be appropriated to the City’s Pavement Management Program. Notwithstanding the foregoing, Boardwalk understands and acknowledges that the City is under no obligation to at any particular time repave or repair the Road Infrastructure. Any City work on the Road Infrastructure shall be performed in accordance with the City’s Pavement Management Program Guidelines as they now exist or shall be amended by the City, which governs, among other things, prioritization of repaving and repair work performed on all City-controlled streets.

4. Boardwalk agrees to maintain and keep in good co ndition, at their sole cost and expense, without weeds and debris, the landscaping located within the Brickyard Cove Road roadside and median. The City and Boardwalk agree to negotiate and enter into an easement agreement on or prior to the Effective Date to facilitate the obligations set forth in this Section 4.

5. As noted in the Recitals above, the Boardwalk represents that it has owned, operated and maintained the Road Infrastructure in a state of good repair and in a safe condition by, among other things, restriping and resealing the Road and performing regular m aintenance and repairs, including pothole repairs.

6. Boardwalk understands and acknowledges that the City shall not be liable for any claims for injury or damage, directly or indirectly arising from the Road Infrastructure prior to the Effective Date.

7. Except as amended hereby, all other terms and conditions of the Agreement shall remain in full force and effect.

3 IN WITNESS WHEREOF, the parties hereto have executed this 3637 AMENDMENT on the day and year first above written.

[signatures on following page]

4 CITY OF RICHMOND, a municipal corporation

By: ____________________________________
Eduardo Martinez, Mayor

Attest:

_______________________________
City Clerk
BOARDWALK CAL, LLC, a Delaware
limited liability company