HomeMy WebLinkAboutReso 39-16 Dublin Ranch Subarea 3 Tr 8171 RESOLUTION NO. 39 - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE FIRST AMENDMENT TO TRACT IMPROVEMENT AGREEMENT
FOR TRACT 8171, DUBLIN RANCH SUBAREA 3, PHASE ONE
WHEREAS, the Owner, Lennar Homes of California, a California corporation, and the
City of Dublin previously entered into a Tract Improvement Agreement for Tract 8171, Dublin
Ranch Subarea 3, Phase One, to satisfy Conditions for Approval approved by Planning
Commission Resolution No. 14-20 on April 29, 2014; and
WHEREAS, the City Council previously approved the Tract Improvement Agreement for
Tract 8171, Dublin Ranch Subarea 3, Phase One, with Resolution No. 103-15 on June 16,
2015; and
WHEREAS, said Conditions of Approval required the Owner to enter into an Tract
Improvement Agreement to guarantee improvements associated with Tract 8171; and
WHEREAS, the Tract Improvement Agreement required certain improvements to be
completed prior to issuance of the 100th Building Permit within Tract 8171; and
WHEREAS, the Developer has requested that the completion time for those certain
improvement required prior to the issuance of the 100th Building Permit be revised such that
they are required at the same time the remainder of the tract improvements are required; and
WHEREAS, the remainder of the tract improvement covered by the Tract Improvement
Agreement for Tract 8171, Dublin Ranch Subarea 3, Phase One are require to be completed
not later than two years following said date of execution of the Tract Improvement Agreement,
or June 16, 2017; and
WHEREAS, in exchange for revising the completion date of said improvements, the
Developer has offered to design and install certain median landscape and irrigation
improvements on Dublin Boulevard and Central Parkway; and
WHEREAS, the Developer has executed and filed with the City of Dublin the First
Amendment to the Tract Improvement Agreement for Tract 8171, Dublin Ranch Subarea 3,
Phase One, attached hereto as Exhibit A. outlining the revised completion date and required
landscape and irrigation improvements.
NOW, THEREFORE, BE IT RESOLVED that said First Amendment to the Agreement is
hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City
Council to execute the Agreement.
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PASSED, APPROVED AND ADOPTED this 15th day of March, 2016, by the following
vote:
AYES: Councilmembers Biddle, Wehrenberg, and Mayor Haubert
NOES: Vice Mayor Gupta
ABSENT: Councilmr_mber Hart
ABSTAIN: None
ATTEST: Mayor
d/1/12 (' fl
City Clerk
Reso No. 39-16,Adopted 3-15-16, Item 4.4 Page 2 of 2
EXHIBIT A
CITY OF DUBLIN
FIRST AMENDMENT TO
TRACT IMPROVEMENT AGREEMENT
TRACT 8171
DUBLIN RANCH SUBAREA 3, PHASE ONE
This First Amendment is made and entered into this day of March, 2016, by and
between the City of Dublin, a municipal corporation, hereinafter referred to as"CITY", and Lennar
Homes of California, Inc., a California Corporation, hereinafter referred to as "DEVELOPER".
RECITALS
A. WHEREAS, CITY and DEVELOPER are parties to that certain "Tract Improvement
Agreement, Tract 8171, Dublin Ranch Subarea 3, Phase One" ("Agreement"), approved by City
Council Resolution No. 103-15 on June 16, 2015.
B. WHEREAS, CITY and DEVELOPER now desire to enter into this "First Amendment to
Tract Improvement Agreement, Tract 8171, Dublin Ranch Subarea 3, Phase One" ("Amendment") in
order to modify, amend and/or supplement certain terms and conditions of the Agreement, as
hereinafter provided.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree as follows:
Section 1 Section 1 of the Agreement is hereby deleted in its entirety and replaced with the
following:
Time is of the essence in this Agreement. DEVELOPER shall complete The Improvements
not later than two years following said date of execution of this Agreement.
Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of
final Record Drawings of The Improvements, including any modifications made during construction.
Section 2 A new section, Section 1A, "Additional Improvements,"of the Agreement shall be
inserted to read as follows:
The DEVELOPER agrees to design and install, at their sole cost and expense, landscape and
irrigation improvements (hereafter"The Additional Improvements")to the satisfaction of the City
Engineer at the following locations:
• Existing median on Dublin Boulevard between Lockhart Street and the Fallon Gateway
Entrance
• Existing median on Central Parkway between Lockhart Street and Fallon Road
The DEVELOPER shall, within five (5)days after the date the City of Dublin City Council
approves the Amendment,furnish to the CITY a cost estimate for the construction of The Additional
Improvements for review and approval by the CITY Engineer. The construction cost estimate shall
provide for construction cost contingencies in the an amount equal to twenty percent(20%)of the
estimated construction costs, and engineering and design costs in an amount equal to ten percent
(10%) of the estimated construction costs.
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The DEVELOPER shall, within ten (10)days of the date the CITY Engineer approves the cost
estimate for The Additional Improvements, furnish CITY with the following security in a form
satisfactory to the CITY Attorney:
Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or an
instrument of credit equivalent to one hundred percent(100%)of the estimate set forth above and
sufficient to assure CITY that The Additional Improvements will be satisfactorily completed.
Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly
and legally licensed to conduct a general surety business in the State of California, or an instrument of
credit equivalent to one hundred percent(100%)of the estimate set forth above and sufficient to
assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor,
materials, or equipment shall be paid therefore.
The DEVELOPER shall, within thirty (30) days of the date of this agreement, submit
improvement plans for the construction of The Additional Improvements for review and approval by
the CITY Engineer.
Within sixty(60)days of the date plans for The Additional Improvements are approved by the
CITY Engineer, the DEVELOPER shall commence construction of The Additional Improvements.
DEVELOPER shall complete The Additional Improvements not later than two years following
said date of execution of this Agreement.
Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of
final Record Drawings of The Additional Improvements, including any modifications made during
construction.
Section 3 All other provisions of the Agreement shall remain in effect.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
CITY OF DUBLIN
By:
City Manager
ATTEST:
City Clerk
DEVELOPER
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Lennar Homes of California, Inc., a California Corporation
By:
Gordon D. Jones,
Vice President
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