HomeMy WebLinkAboutReso 213-06 Sorrento Neighborhood Square
RESOLUTION NO. 213 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING FIRST AMENDMENT TO AGREEMENT REGARDING PROPOSED
NEIGHBORHOOD SQUARE IN SORRENTO AT DUBLIN RANCH
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Sorrento at Dublin Ranch
I, LP, a California Limited Partnership owned by wholly-owned subsidiaries of Toll Brothers, Inc.,
(hereinafter referred to as "Developer") entered into an Agreement on May 16, 2006; and
WHEREAS, the Developer and the City wish to amend the Agreement to include additional
improvements for the Neighborhood Square in Sorrento at Dublin Ranch; and
WHEREAS, as a condition of said Amendment, the Developer is required to warranty the
improvements for a period of one year following acceptance of the work by the City; and
NOW, THEREFORE BE IT RESOLVED that said Amendment regarding the proposed
Neighborhood Square in Sorrento at Dublin Ranch, attached hereto as Exhibit "A", is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Amendment regarding the proposed Neighborhood Square in Sorrento at Dublin Ranch.
PASSED, APPROVED AND ADOPTED this 7th day of November 2006, by the following vote:
AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTES:A ~
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City Clerk
Reso No. 213-06, Adopted 11/7/06, Item 8.4
Page 1 of 1
FIRST AMENDMENT TO AGREEMENT REGARDING PROPOSED
NEIGHBORHOOD SQUARE IN SORRENTO AT DUBLIN RANCH
The City of Dublin, a municipal corporation ("City") and Sorrento at Dublin
Ranch I L.P., a California limited partnership ("Developer") are parties to an
agreement entitled Agreement Regardin~ Proposed Neighborhood Square in
Sorrento at Dublin Ranch, dated May 16t , 2006 ("Agreement"). City and
Developer hereby agree by this First Amendment to Agreement Regarding r"'
Proposed Neighborhood Square in Sorrento at Dublin Ranch, dated GGteber no V'Q.A'I'\\e..'!'
l, 2006, to amend said Agreement as set forth below.
Section 1. Amendment to Section 3. Grading and Preparation of
the Park Site
Section 3.b, entitled Erosion Control Measures is amended by adding the
following:
"No later than October 20, 2006, the City shall provide the seed mix
design for hydroseeding to Developer. Developer will hydroseed no later
than November 15, 2006."
Section 2.
Amendment to Section 4. Schedule
Section 4 is deleted and new Section 4 is added to read as follows:
"The Developer agrees to complete all improvements in the Agreement,
including the First Amendment, for the park site and provide the City with
the Notice of Completion of Grading no later than April 1, 2007. The City
agrees to provide plans and specifications and a layout plan to the
Developer not later than October 20th, 2006 for the walkway and plaza.
The City shall accept the work at the time the park site is accepted,
provided the work is done in accordance with this agreement."
The City of Dublin will complete additional improvements to the park site
during the spring and summer of 2007. The City of Dublin agrees to
remove the temporary construction fencing by August 31,2007 or after the
site has been mowed three times whichever comes later. The first
mowing will occur when the grass has reached 2.5 inches and will be
mowed to 2.0 inches. Subsequent mowing intervals will occur once a
week.
Section 3. Amendment to Section 5. Neighborhood Square
Frontage Improvements
AMENDMENT #1 FOR THE NEIGHBORHOOD SQUARE IN SORRENTO AT DUBLIN RANCH
wc-117749 .
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Section 5 is amended by adding the following at the end:
"Notwithstanding the preceding sentence, the Developer will complete the
sidewalk fronting the Neighborhood Square along Palmero Way and
Capoterra Way as shown on Exhibit B. The sidewalk will be installed per
City standard detail."
Section 4. New Section 5.1 Neighborhood Square Site
Improvements
A new Section 5.1 is added to read as follows:
A. The Developer agrees to provide soil fertilizers and amendments per
October 10,2006 Soil and Plant Laboratory Report shown on Exhibit D,
no later than April 1, 2007. The City shall provide the organic compost
amendment.
B. The Developer agrees to incorporate the fertilizers, amendments and
organic compost into the soil per City specifications, no later than April 1,
2007.
C. The Developer agrees to install the concrete pathway as shown in Exhibit
E and install utility sleeves underneath the pathway as directed by the
City. Pathway and utility sleeves shall be installed per City specifications,
no later than April 1, 2007.
D. The Developer agrees to install the concrete entry plaza as shown in
Exhibit E per City specifications, no later than April 1, 2007.
Section 5.
Amendment to Section 8. Miscellaneous
Section 8 is amended by adding the following:
p. The City shall inspect the work for conformance with the plans and
specifications. If the workmanship or material is found not to conform to
the requirements of the plans and specifications the Developer must
replace or correct the deficiency.
q. The Developer shall guarantee all the Work for one year from the date the
City accepts the Work. The Developer shall be responsible for completing
repairs directly attributable to defective materials or workmanship.
Following acceptance of the park site and improvements, the City will be
responsible for any damage that occurs to the improvements by City
employees, agents or contractors.
r. The Developer will not receive any credits or reimbursements from the
City of Dublin's Public Facility Fees for the work done under this
Agreement.
AMENDMENT #1 FOR THE NEIGHBORHOOD SQUARE IN SORRENTO AT DUBLIN RANCH
wc-1177 49
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s. Developer shall defend City, its officers, employees and officials, against
any claims or actions (including declaratory or injunctive relief) concerning
Developer's construction of the work under this agreement on Developer's
property_and shall indemnify and hold City harmless from any damages,
charges, fees or penalties that may be awarded or imposed against City
and/or Developer in connection with, or on account of, Developer's
construction of work hereunder and/or City's failure to enforce or comply
with any applicable laws.
t. Developer will pay prevailing wages for any work done pursuant to this
agreement.
IN WITNESS WHEREOF, the parties have executed this First Amendment to
Agreement Regarding Proposed Neighborhood Square in Sorrento at Dublin
Ranch as of the date first set forth above.
CITY OF DUBLIN:
DEVELOPER:
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~a~et Lockhart, May'or.\.
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Fawn Holman, City Clerk
Sorrento at Dublin Ranch I L.P.,
a California limited partnership
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Approved as to Form:
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.4,'~ r. ~!jzabeth H. Silver, City Attorney
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AMENDMENT #1 FOR THE NEIGHBORHOOD SQUARE IN SORRENTO AT DUBLIN RANCH
wc-117749
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