HomeMy WebLinkAboutReso 158-11 Schaefer Rch Park ImprovRESOLUTION NO. 158 -'F1
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE FIRST AMENDMENT TO IMPROVEMENT DEVELOPER AGREEMENT
~OR SCHAEFER RANCH PARK IMPROVEMENTS
WHER~AS, City and Developer are parties to that certain "Improvement Developer
Agreement for Schaefer Ranch Park Improvements," dated January 16, 2007 ("the
Agreeme~t").
WHEREAS, the Agreement requires Developer to complete certain Park Improvements
as defined in the Agreement prior to the issuanee of the 201st building permit in the Schaefer
Ranch Project and prevents City from issuing building permits beyond the 201st building permit
until Developer has completed the Park Improvements and it has accepted them.
WHEREAS, Developer has requested that it be given additional time to commence and
complete the construction of the Park Improvements, and has also, in conjunction with the
request, offered to donate $500,000 for tFie City to use as an endowment for the maintenance
and operat~on of the Dublin Heritage Park and Museums.
WHEREAS, the City is willing to grant the request because the amendment provides a
definitive completion date for the Schaefer Ranch Park.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby approves the
First Amendment to the Improvement Developer Agreement (Exhibit A) for Schaefer Ranch
Park Improvements and authorizes the City Manager to execute the amendment.
PASSED, APPROVED AND ADOPTED this 6th day of September 2011, by the following
vote:
AYES: Councilmembers Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Biddle
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ABSTAIN: None ~~
Mayor
ATTE :
City Clerk
Reso No. 158-11, Adopted 9-6-11, Item 7.1 Page 1 of 1
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FIRST AMENDMENT TO IMPROVEMENT DEVELOPER AGREEMENT FOR
SCHAEFER RANCH PARK fMPROVEMENTS
This First Amendment is made and entered into this 6th day of September
2011, by and between the City of Dublin, a municipal corporation, hereinafter
referred to as "CITY," and Schaefer Ranch Holdings LLC, a California limited liability
company, hereinafter referred to as "DEVELOPER."
RECITALS
1. C{TY and DEVELOPER are parties to that certain "Improvement
Developer Agreement for Schaefer Ranch Park Improvements," dated January 16,
2007 ("the Agreement").
2. The Agreement requires DEVELOPER to complete certai~ Park
Improvements as defined in the Agreement prior to the issuance of the 201 st
building permit in the Schaefer Ranch Project and prevents CITY from issuing
buifding permits beyond the 201 st building permit until DEVELOPER has completed
the Park Improvements and it has accepted them.
3. DEVELOPER has requested that it be given additional time to
commence and complete the construction of the Park Improvements, and CITY is
willing to grant the request.
AMENDMENT
NOW, THEREFORE, in consideration of the mutuaf promises, conditions, and
covenants_herein contained, the parties agree as follows: ~
Section 1. Section 1 of the Agreement is amended to read as follows:
"1. Desiqn Plans.
DEVELOPER shall submit plans and specifications (construction
documents) for the Park Improvements to the CITY for design review by
and shall obtain CITY approval of the final plans and specifications for
the Park Improvements no later than April 15, 2012. CITY shall have 30
calendar days to respond to DEVELOPER's initial submittal, which shall
be no later than November 15, 2011, and any subsequent submittals of
revised plans and specifications. DEVELOPER sliall design the Park
Improvements in accordance with the CITY's Parks and Recreation
Master Plan and CITY's Park Development Standards. The final
design, including detailed plans and specifications, of the park shall be
approved by CITY, which may require peer review of the design at
DEVELOPER's cost. DEVELOPER shall obtain all required permits
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and pay all required fees including utility connection fees and inspection
fees. Construction of the Park Improvements shall not begin until the
final plans and specifications are approved by the CITY."
Section 2. Section 2 of the Agreement is amended to read as follows:
"2. Completion Time_
Notwithstanding the timing for construction outlined in Condition
No. 120 in Resolution No. 98-38, the parties hereby agree to the
timeline for Park Improvement construction and completion set by this
Paragraph 2 of this Agreement. DEVELOPER will commence
construction of the Park Improvements prior to June 30, 2012 and will
complete construction of the Park Improvements prior to June 30, 2013.
Time is of the essence in this Agreement.
Upon completion, DEVELOPER shall furnish CITY with a compfete and
reproducible set of final as-built plans and AutoCad copies of the
construction documents for the Park Improvements, including any CITY
authorized modifications.
In the event that DEVELOPER is unable to complete the Park
Improvements prior to the time specified herein, the CITY shall take all
actions necessary to collect on furnished bonds and/or at the CITY's
option, the CITY shail complete the work and the DEVELOPER shall be
subject to the costs and expenses named in Paragraph 8.3
Section 3. Concurrentfy with the execution of this Amendment, DEVELOPER
shall furnish the CITY with replacement security meeting the requirements of section
6 of the Agreement. Upon receipt of the.replacement security, CITY will return the
security previously provided under section 6 of the Agreement. ~
Section 4. All other provisions of the Agreement shall remain in effect.
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lN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be executed as of the date and year first above written. ,
CITY OF DUBLIN
By:
Joni Pattillo, City Manager
SCHAEFER RANCH HOLDINGS, LLC
a California limited liability company
By: Schaefer Ranch Development, Inc., -
~ a California corporation ~
{ts managing member
Attest:
By:
Albert D. Seeno, III
President
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
1679981.2
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