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Home My WebLink AboutReso 130-06 I-580/Fallon Interchange Improvements RESOLUTION NO. 130 . 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AMENDMENT NO. I TO AGREEMENT WITH THE UN FAMILY REGARDING CONSTRUCTION OF THE I.580/FALLON ROAD INTERCHANGE IMPROVEMENTS WHEREAS, a part of the mitigation for the Dublin Ranch developments in Areas A-E and F, G & H requires improvement of the I.580/Fallon Road Interchange; and WHEREAS, on May 1,2001, the City Council of the City of Dublin approved an agreement with the Lin Family for the construction of the interchange project wherein the Lin Family agreed to advance the funds for the construction of the project; and WHEREAS, the scope of construction work and related costs have been expanded to accommodate Pleasanton's request to incorporate additional improvements associated with proposed developments in Pleasanton, and other misceilaneous work needed to satisfy Caltrans' requirements; NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council approves Amendment No 1 to the Agreement with the Lin Family regarding funding for construction of the I.580/Fallon Interchange Improvements, BE IT FURTHER RESOLVED that the Mayor is authorized to execute Amendment No, 1 to the Agreement, attached hereto as Exhibit "A." PASSED, APPROVED AND ADOPTED this July 18, 2006, by the following vote: AYES' Councilmembers Hildenbrand, Oravetz and Zika, and Mayor Lockhart NOES. None ABSENT Council member McCormick ABSTAIN None I l ~ (/(L1k'2X(\,: . .~A<LiI I : Mayor I, l/ ATTEST -1 &J- ~ '~y I Reso No. 13006, Adopted 7/18(06, Item 4.2 Pap;e 1 of 1 AMENDMENT NO.1 TO AGREEMENT BETWEEN THE LIN FAMILY AND CITY OF DUBLIN REGARDING FUNDING FOR CONSTRUCTION OF FALLON ROAD /1-580 INTERCHANGE 'b .-0'1 u 1::1 THIS FIRST AMENDMENT is entered into this~ day of J,-.. C 2006, between the City of Dublin, a municipal corporation ("City") and Chang Su.O-Lin (also known as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known as Kevin Lin), (hereinafter "Developer") (Collectively, City and Lin are referred to as "the Parties,") RECITALS A The Parties are parties to a certain agreement dated May 1, 2001, entitled "Agreement Between the Lin Family and City of Dublin Regarding Funding for Construction of the Fallon Road /1-580 Interchange" ("the Agreement") B Pursuant to the Agreement, the Lin Family ("Developer") agreed upon the City anticipating awarding a contract for the construction of the Interchange Improvements (as defined in the Agreement) to pay the City $6,920,075 ("the Base Advance") and to pay such additional amounts as may be necessary to make up any deficit in funds available to construct the interchange, C After the execution of the Agreement, City and the City of Pleasanton agreed that certain additional improvements ("the Pleasanton-related Improvements") not contemplated in the Agreement be made at the 1-580/Fallon Road Interchange, which improvements are associated with proposed developments in Pleasanton, and the City of Pleasanton agreed to contribute up to $986,074 toward the construction of the Pleasanton-related Improvements, D In addition, CalTrans has required the completion of an east bound auxiliary lane ("the Dublin-related Improvements"), which improvements are associated with development in Dublin and which improvements were not contemplated iri the Agreement. E, Furthermore, the Developer has requested that the City include the gap closure Category 1 work on Fallon Road estimated at $150,000 ("Category 1 Work"), in the freeway construction contract to provide a smooth transition between the freeway project and Fallon Road F In order to ensure a funding source for the construction of the Interchange Improvements (including the Pleasanton-related Improvements, the Dublin-related Improvements, and the Category 1 Work), City has requested that Developer, and Developer has agreed to increase the amount of the Base Advance required by the Agreement to $12,051,882, pursuant to the terms set forth in the Agreement and this Amendment. Amendment No, 1 to Un Agreement Regarding Construction of I.SSO/Fallon Road Interchange May 24, 2006 Page 1 of 3 NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the Parties agree to amend the Agreement as follows, AGREEMENT Section 1 Exhibit A and Exhibit D to the Agreement are hereby replaced with the attached documents labeled, respectively, "Exhibit A" and "Exhibit D " Section 2, The first paragraph of Section 1 of the Agreement, titled "Advance of Monies by Developer," is amended to read as follows, "When City anticipates awarding the Consulting Services Agreement for construction management of the interchange improvements and upon fifteen (15) days' notice from City, Developer agrees to pay to City the sum of one million five hundred fifteen thousand and seven hundred fifty four dollars ($1,515,754) When City anticipates awarding a contract for construction of the Interchange Improvements and upon fifteen (15) days' written notice from City, Developer agrees to pay to City the sum of ten million three hundred eighty six thousand and one hundred twenty eight dollars ($10,536,128), City anticipates receiving from the City of Pleasanton $1,527,157 associated with the construction of the interchange project ("the Pleasanton Contribution") Within 30 days' of its receipt of the Pleasanton Contribution (or any portion thereof) from the City of Pleasanton, City agrees to pay to Developer the Pleasanton Contribution (or any portion thereof)- The City has no duty to reimburse Developer in the event that the City of Pleasanton does not make the Pleasanton Contribution." Section 3 Section 3 of the Agreement, titled "Dedication of RiQht of Way," is amended to read as follows: "Section 3 Dedication of Riqht of Wav: Credit Aqainst TIF Developer has delivered to City and City has accepted the grant deed, attached hereto as Exhibit D The land associated with the grant deed will be used by City to widen Fallon Road at the north approach to the interchange, The City has, pursuant to a Credit/Reimbursement Agreement, dated February 27, 2003, provided Developer with a Eastern Dublin Traffic Impact Fee credit equal to Three Hundred Forty One Thousand Two Hundred Seventy Two Dollars ($341,272)." Section 4 Section 4 of the Agreement, titled "Credit Aqainst TIF," is amended to read as follows: Amendment No, 1 to Un Agreement Regarding Construction of I.SSO/Fallon Road Interchange May24 2006 P~ge 2 of 3 "Section 4 Credit Aaainst TIF for Pavments City will provide a credit to Developer in the amount of Developer's payment of monies hereunder to be used by Developer against payment of the TI F This agreement shall be deemed to be the crediUreimbursement agreement required by Section V(A) of the TIF Guidelines, All aspects of the credits shall be as described in the TIF Guidelines, including the right to convert any unused credits to a right of reimbursement, subject to the following provisions (a) the Developer shall pay an administrative fee of one-half of one percent or $1,000 whichever is greater; (b) the credit shall be granted at the time Developer makes payments of money pursuant to this agreement; (c) the credit shall be in the amounts of $10,374,725 that may be used only against the Category 2 TIF Fees, and $150,000 that may be used only against the Category 1 TIF Fees, and (d) the credit may be used once it is granted Developer shall receive no TIF credit for its $1,527,157 payment associated with the Pleasanton Contribution, unless the TIF is amended to inciude the costs associated with the Pleasanton Contribution. " Section 4 The existing agreement remains in effect except as specifically modified herein. CITY OF DUBLIN DEVELOPER Chang Su-O-Lin (also known as Jennifer Lin) Hong Y 0 Lin (also known as Kevin Lin) . Ho I n Un (also known as Frederich or , Fr de i Lin) Janel Lockhart, Mayor Fawn Holman, City Clerk ong ri ed Representative Attest: Approved as to form, Elizabeth Silver, City Attorney Amendment NO.1 to Lin Agreement Rogarding Coostruction of 1.5801Falion Road Interchaoge May24, ,006 Page 3 of 3 EXHIBIT A The interchange Improvements mcluded in this agreemcnt consists of the following parts: 1 Construcl1on of a second hridge overpass to provide two lanes III each direction, 2, Widening the eastbound 1-580 off-ramp to providc a second left-turn lane at the ramp intersection with EI Charro Road and IDstaHation of a traffic signal at the intersection, 3 Widening the westhound 1.580 off-ramp to provide four lanes (two left and two nght turn lanes) at the ramp intersection with Fallon Road and mstallatJon of a traffic Signal at the intersection. 4 Constructing the southbound to eastbound loop on-ramp (one mixed flow and an HOV bypass), 5 Constructing the northhound to wcstbound loop on-ramp (one mixed flow and an HOV bypass). 6. Widening northbound Fallon Road north ofthe overcrossing to providc additional storage at thc intcrscction with the westbound ramps. 7. Widcning Fallon Road approaching the intersection With the westbound ramps. 8, Widening westbound on-ramp to include an HOV bypass lane. 9 Widening easthound on-ramp to includc an HOV bypass lane. 10 Constructing one westbound 1-580 auxiliary lane 1,300 fcet long in advance of the intcrchange, RECdRDING REQUESTED BY First American Title Guaranty Company Order No, 597135 "'6 Escrow No, 597135 n '__ WHEN RECORDED MAIL TO: EXHIBIT D 200321909104/15/200308:30 AM OFFICIAL R~CORDS OF RHCOROING FEE _,__ ALAMEDA COUNTY PATRICK O'CDNNaLL ~~ IIIIIIIIIIIIIII.~. City of Dublin Public Works Department 100 Civic Plaza Dublin, CA 94568 MAIL TAX STATEMENTS TO' SAME AS MOVE Am 985-6_1 (pOrtion) ~oJ... SPACE ABOVE: THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): CITY TRANSFER TAX $ DOCUMENTARY TF'lANSFER TAX $ exempt- SURVEY MONUMENT FEE $ Computed on the oon.sid9ldlion or value of property oonveyai..l; OR CQ~l,Jted on the consideration or v;;llue less. liens or encumbr.l;lnces rem~!njng at Urne of s.;lle. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Chang Su..o Un, also known as Jennifer L.in, a married woman as her sole and separate property and r Hong Uen Un, also known as Frederic Lin, a single man hereby GRANT(S) to The City of Dublin, a municipal corporation the """I property in the City of County of Dublin Alameda I State of CalJfornia, dascrlbad as FOR LEGAL DESCRIPTION SEE EXHIBIT "An ATTACHED HERETO AND MADE A PART HEREOF Dated ,1"'n11"7 "l1 ?OO? STATE OF CALIFORNIA COUNTY OF } }ss. 1 On before: me, appeared pe=1a!o/ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(Sl whose name(s) is/are subscrIbed to the wllnln instrument and aCknowledged to me that heJshi:!/they e)fecuted the same in his/her/their authoriz.ed capacity(ies), and that by hlslharlthelr slgn~ture(s} On the lnstrumont the person(St or' the entity upon behalf of which the person(s) actsd, oxeCllted the instmment. r \. WITNeSS my hEllld and official seal. -~ S.l~nahire GDBLK.DOC rR~\f 6J!74) d ~-!) ~>t~ ~~,,, ~~ C~ SU-O Lin, by Hon fa m",_as ItE- , f- Attorney In Fact "'" """-':I- 47l"-#7 "" ~r-~ ...r:' -/ ----' \1 ~ Hong Lien Lln --" /TIlIS COrB<l'O[ OffiCI;!1 nol.a~lll seal) ('; n r ~ ACKNOWLEDGMENT: TAIWAN CITY OF TAIPEI AMERICAN INSTITUTE IN TAIWAN, TAIPEI OFFICE ) ) SS. ) ) Susan E. Haft'll ON DEe 11 2D.D2 ,2002, BEFORE ME Special Notary (PL96-8~ , PERSONALLY APPEARED HONG LIEN L1N AS ATTORNEY-IN-FACT FOR CHANG SU-O UN. AND HONG LIEN LIN rIiRiml^~L)( ''"10''(1)1 T9 MC (9n PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED .cAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. SIGNATURE ~unA ~d -,~,Ij. 5usan H. Ba:ftel SpOlcial Notary (PL96-S) Quly aSIlCliatJo.d and quallfled MlCClmll'l",loJl. llx>>lr.,IOot All. agOa MY COMMISSION EXPIRES. NAME (PRINTED), SPECIAL NOTARY ( . 11,267-00 Page 1 oi2 " Exhibit A DESCRIPTION FEE CONVEYANCE OF A PORTION OF CHANG SU-O UN PROPERTY FALLON j:{OAD & I-SS0 "EAST DUBLIN PROJECT ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF RANCHO SANI'A RITA, TOWNSillP 3 SOUTH, RANGE 1 EAST, MOUNT DIAaLO MERIDIAN AND BEING ALSO A PORTION OF THE cHAJIlG SU.O LIN PROPERTY AS SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY MAP NO, 1005 (KO,S, #looS), FILED IN BOOK 16 OF RECORDS OF SURVEY AT PAGES 37 TO 51, BEING ALSO A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE DEED AS RBCORDE;D ON JULY 31,1985, IN SERIES No, 8S-150494 ALAMEDA COUNTY RECORDERS OFFICE. STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS. BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF PALLON ROAD WITH THE NORTHERLY LINE OF STATE HIGHWAY I.S80, SHOWN AND SO DESIGNATED ON SAID R,O,S, #1005 AS BEING MARKED BY A STEEL FENCE CORNER POST WHICH BEARS S 83024'49" W 86,39 FEET FROM A CHC BRASS DISC STAMPED "A458", TIlENCS FROM SAID POINT OF BDOlNNlNG AND COINCIDENT WITH SAID NORTHERLY LINE OF STATE illGHWAY I.S80 S So039'32" W 11S.70 FEET! r , THENCE LEAVING SAID NORTHERLY LINE N 00026'33" E 309.24 FEET, I THENCE S 88058'58" E 95.75 FEET TO A POINT IN THE WESTERLY LINE OF SAID FALl,ON ROAD! THENCE COINCIDENT THEREWITH S 02"06'49" W 234,34 FEET TO THE POINT OF BEGINNING. END OF DESCRIPTION DATE CONTAINING AN AREA OF 24,965 SQUARE FEET MORE OR LESS, ;;r;:F~ FRED C. INGALLS, P.L$. LICENSED PROFESSIONAL LAND SURVEYOR No. 5859 (EXP.: 12(3112004) STATE OF CALIFORNIA --- I IIACKlY l SIIIPS CIVIL ENGINEERING. LAND PlANNING'lAND SURVEYING 5142 Franklin DrIVe Sulle B. PJeosonton. CA, 94BB8-33~5 19251 225-0690 P:\k;~I~\]6034-.20\Fal1o[JAddtJlI roo.w 09-11..fJl.dCl(: EX CAL TRANS ROW APN 985--8-1 EXHIBIT .. A" SHEET 2 OF 2 "J IT1 ~ "'~ "., ,Q., . '<:.- \~V \ '~ "'\'-:JA - ':~ _ _ N 00'26'3~E_ _ _309.24' --I z ~6 ~~ . . 24,965 +/- SQ FT _ ~02'06'49. E r~' ~- , /' ..." ~~ ',c"'/' " 234,34' '-~,.~-~ ~~~ , " " '.....~ ............. J""- ~'--~ -- ~/ ,;:.><..... ........''''1."''''.. 0' ~._" .J,-,-" '"' /:~--," -...-~ '~-'-'~~'I\- ~,.................~ ......... II>- r .--- _.._-~.~" ALLON ROAD "\ \ I J I ....--1I:.....e---~-~ ,~ p.---- /' / ~-"-y-; // , () PLAT TO ACCOMPANY DESCRIPTION THE BASIS OF BEARING IS NAD 83. THE DISTANCES SHD'IIIN ARE GRID DISTANCES. 1-580/FALLON ROAD INTERCHANGE IMPROVEMENTS FEE CONVEYANCE TO CITY OF DUBLIN OOUtllY OF 1UIIEIJA CAlJFORIM IIIIDY.... IU~.J~~U~.~ ~uP .. IWICN" CA. t4IU ~ {IOt-t 110 ~m~~f'iF'....1l:!="~..... ZCALE: 1 _ DA.TI;:: JANUARY 200l J08 NO. 11267 D9 ~ DISTANCES ARE GRID DISTANCES MUL TIPL Y BY 1,0000973 TO OBTAIN GROUND LEVEL DISTANCES, f'.1 f"' f' , .. CERTIFICATE OF ACCEPTANCE: This is to certify that the interest in real property conveyed by this Deed or Grant, dated January 31, 2002, from Chang Su~O Lin and Hong Lien Lin, for a Grant Deed for a fee conveyance for Fallon Road (a portion of APN 985-0006-001) to the City of Dublin, a governmental agency, is hereby accepted by Lee Thompson, City Engineer, on behalf of the Dublin City Council pursuant to authority conferred by Resolution No, 2+87 of the Dublin City Council, adopted on April 13, 1987, and the grantee consents to recordation thereof by its duly authorized officer, DATED: {1:bvu ""7 ,22003 LEE THOMPSON, CITY ENGINEER g~ Y' . , ItyofDubl 100 Civic Center Dublin, Califomia 94568 1": \legals. \16034-2D\cert-accliJlt.-fllIklI'I-ke.doc (\ r \ r , .. , "'\ RESOLUTION NO. 24 - 87 A RESOLUTION OF THE CITY COONCIL OF THE CITY OF DUBLIN *****~****************.*** RELATED TO THE DESIGNATION OF OFFICERS AUTHORIZED TO ACCEPT AND DIRECT RECORDATION OF DEEDS WHEREAS, the City Council is desirous of developing an efficient mechanism for the acceptance of deeds; and WHEREAS, Section 27281 of the California Government Code (CGC) requires that deeds or grants conveying any interest in or easement upon real estate to a governmental agency for public purposes must meet specific requirements; and WHEREAS, the requirements include evidence of a certificate or resolution of aoceptance attached to the deed or grant prior to recordation; and WHEREAS, Section 27281 provides that a governmental agency may authorize one or more officers by general resolution to accept and consent to such deeds or grants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, pursuant to Section 27281 (CGC), does hereby authorize the City Manager and/or the City Engineer to accept and consent to such deeds or grants, conveying any interest in or easement upon real estate, on behalf of the City of Dublin. PASSED, APPROVED AND ADOPTED this 13th day of April, 1987. AYES: Counci1members Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None 062< -Efhla- AT?,"~) ., ~ k1Lv-bL 0 - C~ty Cler