1 (Space above for Recorder's use only)
AMENDMENT TO AGREEMENT RESPECTING THE MANAGEMENT, MAINTENANCE AND
CONTROL OF THE COMMON PROPERTIES AND IMPROVEMENTS IN THE BRICKYARD COVE SUBDIVISION NO. 3520
This AMENDMENT TO AGREEMENT RESPECTING THE MANAGEMENT,
MAINTENANCE AND CONTROL OF THE COMMON PROPERTIES AND IMPROVEMENTS IN THE BRICKYARD COVE SUBDIVISION NO. 3520 (" 3520 AMENDMENT ”) is made and entered into this _ day of ___________, 2023 by and between the CITY OF RICHMOND, a municipal corporation (“City”) and the BRICKYARD COVE ASSOCIATION NO. 1, a non-profit corporation formed under the laws of the State of California (“Association ”) (“City” and “Association ” are hereinafter referred to collectively as the “Parties”).
WITNESSETH:
WHEREAS, Association owns and maintains common properties in that certain subdivision known as Brickyard Cove Units 1 and 2 (“Subdivision ”), more particularly described as follows:
Subdivision 3520 in the County of Contra Costa, State of California, per the final subdivision map recorded on
December 12, 1968, in book 125 of Maps at page 16, in the office of the Recorder of Contra Costa County,
California.
WHEREAS, City and Association are parties to that certain AGREEMENT
RESPECTING THE MANAGEMENT, MAINTENANCE AND CONTROL OF THE COMMON PROPERTIES AND IMPROVEMENTS IN THE BRICKYARD COVE SUBDIVISION NO. 3520
NO FEE FOR RECORDING PURSUANT TO
GOVERNMENT CODE SECTION 27383
2 Made and entered into on the 24
th of August, 1970, and recorded as Instrument No. 55362 at Page 153 of Book 6201 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
WHEREAS, since its development, the Association has owned, operated and maintained Brickyard Cove Road (the “Road”) , its curbs, gutters and sidewalks (See Exhibit A). Brickyard Cove Road shall be known as 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. The Association has regular ly 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:
I
1. Association hereby offers the Road Infrastructure for dedication to the City for ownership, operation, maintenance, repair and replacement.
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. Association shall pay the sum of $38,780.00 to the City on or before the Effective Date. These funds will be appropriated to the City’s Pavement Management Program. Notwithstanding the foregoing, Association understand s 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. The following funds shall be paid to the City on or before the Effective Date:
a. Brickyard Landing Owners Association shall pay to the City the sum of $120,000.00.
b. Brickyard Cove Association #2 shall pay to the City the sum of $14,828.00 c. Seacliff at Point Richmond Owners Association shall pay the City the sum of $74,352.00.
5. The Association agrees (along with the Brickyard Community Associations named in No. 4 above) to maintain and keep in good condition at their sole cost and expense, without weeds and debris, the landscaping located within the Brickyard Cove Road roadside and median. The City, Association and the Brickyard Community Associations named in No. 4 above agree to negotiate and enter into an easement
3 agreement on or prior to the Effective Date to facilitate the obligations set forth in this Section 5.
6. As noted in the Recitals above, the A ssociation 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 maintenance and repairs, including pothole repairs.
7. Association 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.
8. Except as amended hereby, all other terms and conditions of the Agreement shall remain in full force and effect.
I N WITNESS WHEREOF, the parties hereto have executed this 3520 AMENDMENT on the day and year first above written.
CITY OF RICHMOND, a municipal corporation
By: ____________________________________
Eduardo Martinez, Mayor
Attest:
______________________________ BRICKYARD COVE ASSOCIATION, No. 1, CITY CLERK a non-profit corporation
By: __________________________________
Approved as to form: Eileen Lewis, President Brickyard Cove HOA1
______________________________
Dave Aleshire, City Attorney