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HomeMy WebLinkAboutReso 132-98 IntAgmt EmeralPointRESOLUTION NO. 132 - 98 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF DUBLIN APPROVING PA 98-025, INTERIM AGREEMENT BETWEEN ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY AND OPUS WEST (EMERALD POINT PROJECT) AYES: NOES: ABSENT: ABSTAIN: WHEREAS, it is a City requirement that no building permit can be issued prior to the effective date of the Development Agreement because items contained in the Development Agreement implement requirements of the Specific Plan and associated environmental documents, traffic studies and plans; and WHEREAS, it is Opus West's desire to obtain a building permit for foundation work only prior to the effective date of the Development Agreement; and WHEREAS, Alameda County Surplus Property Authority (County) and Opus West (Opus) have requested approval of an "interim" Agreement that would contain those items required by the Eastern Dublin Specific Plan, environmental documents and project specific traffic studies and plans; and WHEREAS, the City Attorney has prepared such an "interim" Agreement (attached to the Staff Report) that contains all the pertinent points covered in the Development Agreement which are not conditions of the Project or may not be performed before the Project is completed; and WHEREAS, the Agreement would be effective from the date of approval of this Resolution until the effective date of the Development Agreement; and WHEREAS, any risk to be borne as a result of the issuance of the building.permit during the effective time period of the "interim" Agreement would be borne by Opus West; and WHEREAS, the staff report was submitted recommending the City Council approve the Agreement; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement between the City of Dublin, Opus West Corporation and Alameda County Surplus Property Authority. PASSED, APPROVED AND ADOPTED this 18th day of August, 1998. Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston None None None GSPA98-025\ccres ATTEST: K2/G/8- 18-98/resoemrl. doc