The URL can be used to link to this page

Home My WebLink About4.14 TDA DubRan L2,L3,L4CTTY CLERK FILE # 600-60 AGENDA STATEMENT CZTY COUNCZL MEETZNG DATE: December 19, 2000 SUBJECT: Amendments to Tract Developer Agreements, Tracts 6957, 6958 and 6959 (Dublin Ranch Neighborhoods L-2, L-3 and L-4) ' Report Prepared by: Lee So Thompson, Public Works Director: ATTACHMENTS: Resolution Adopting the Amendments to Tract Developer ' Agreements for Tract 6957, 6958 and 6959, together with three exhibits, each being an amendment to the Agreements with MSSH Dublin Development, LLC, for Neighborhoods L-2, L-3 and L~4 On-site Tract Improvements , RECOMMENDATION:~Adopt resolution amending the TraCt Developer Agreements for Tracts 6957, 6958 and 6959 FINANCIAL STATEMENT: MSSH Dublin Development, LLC, has submitted performance and labor and materials bonds to guarantee construction of the onsite tract improvements for Dublin Ranch Phase 1 Neighborhoods L-2, L-3 and L-4, and has paid the cost of the associated construction inspection. Once improvements have been constructed and accepted, the City will incur maintenance costs for City-maintained improvements. DESCRIPTION: Tracts 6957, 6958 and 6959 are located in the Eastern Dublin Specific Plan area, generally bounded by Tassajara Road on the west, Gleason Drive on the south, the northerly Dublin City Limit on the north, and Fallon Road on the east. Tract 6957 consists of 69 residential lots, Tract 6958 of 86 lots, and Tract 6959 of 92 lots. Tract Developer Agreements with MSSH Dublin Development, LLC, weye approved by the City Council for L-2 on April 6, 1999; for L-3 on April 20, 1999; and for L-3 on September 20, 1999; which cover all of the on-site tract improvements associated with the development of these three Neighborhoods and includes street improvements, grading 'and utilities. All of the required fees, bonds, insurance certificates were submitted as required by the Tract Developer Agreements. Section 1 of each Tract Developer Agreement stipulates the time of completion of work to be within 365 days following the date of execution of the Agreement. The Developer is currently constructing the: improvements required for the subdivisions in accordance with the approved plans and specifications. COPIES TO: Keyin Peters, MSSH Dublin Development (Shea Homes) ITEM NO. ~ G:\develop\dubranch\agst amend tr dev agmt L2,3,4 Since the time limit for completion of the work has expired for each Agreement, the Developer has submitted a request to the City for extension of the time limit for completion to June 30, 2001, together with a letter from the surety certifying that the performance and labor and materials bonds will remain in effect through the proposed extensions. The City Engineer has reviewed the request, and has determined that it is in the best interests of the City and the Developer to approve the request to ensure orderly completion of the public improvements being constructed by the Developer. In order to extend the time limits set by the Tract Developer Agreements, amendments to the Agreements are needed. These amendments will grant the Developer a time extension up to June 30, 2001, to complete the remaining improvements. Staff recommends that the City Council adopt the resolution approving the amendment to the Tract Developer Agreement for Tracts 6957, 6958 and 6959. Page 2 RESOLUTION NO. - O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO TRACT DEVELOPER AGREEMENTS FOR TRACTS 6957, 6958, AND 6959 (DUBLIN RANCH, PHASE I - NEIGHBORHOODS L-2, L-3 AND L-4) WHEREAS, MSSH Dublin Development, LLC, the Developer of Tracts 6957, 6958, and 6959, Dublin Ranch, Phase I, Neighborhoods L-2, L-3 and L-4,.executed Tract Improvement Agreements (hereinafter referred to as Agreements) for L-2 on April 6, 1999; L-3 on April 20, 1999; and L-4 on September 20, 1999; and WHEREAS, pursuant to the requirements of said Agreements, the Developer has submitted the required bonds to guarantee construction of tract improvements for Dublin Ranch, Phase 1, Neighborhoods L-2, L-3 and L-4, and has paid the costs of construction inspection; and WHEREAS, the time limits for completion of tract improvements set by said Agreements has expired; and WHEREAS, the City Engineer has reviewed the Developer' s request for extensions of the time limits for completion of tract improvements to June 30, 2001 for Tracts .6957 and 6958 on December 30, 2001; and WHEREAS, in order to extend the time limits set by the Agreements, amendments to the Agreements are needed; NOW, THEREFORE, BE IT RESOLVED that the amendments (Exhibits "A", "B" and "C" for' L-2, L-3 and L-4 of this resolution) t° the Tract Development Agreements for Tracts 6957, 6958 and 6959, Dublin Ranch, Phase 1, Neighborhoods L-2, L-3 and L-4, is hereby approved. PASSED, APPROVED AND ADOPTED this 19th day of December, 2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g.. Idevelopldub ranch~reso amend tr &v agmts L2, 3, 4 EXHIBIT "A" OF RESOLUTION -2000 AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR DUBLIN RANCH-PHASE I, TRACT 6957 (NEIGHBORHOOD L-2) BETWEEN CITY OF DUBLIN AND MSSH DUBLIN DEVELOPMENT, LLC WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and MSSH Dublin Development, LLC (hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter referred to as AGREEMENT) on April 6, 1999; and WHEREAS, time limit for completion of certain on-site and off-site improvements (hereinafter referred to as WORK) as set forth in the AGREEMENT has expired, and the DEVELOPER has submitted a request to extend the time limit for completion of said WORK; and WHEREAS, the City Engineer has reviewed the DEVELOPER's request, and determined that, it is in the best interest of the City and 'the DEVELOPER to approve the request; and' WHEREAS, in order to extend the time limii set by the AGREEMENT, an amendment to the AGREEMENT is needed; and WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set forth in the AGREEMENT, and all terms and conditions which are not specifically modified by this Amendment shall remain in full force and effect; and NOW, THEREFORE, the parties hereto agree as follows: Timing of completion of WORK is extended to June 30, 2001. CITY OF DUBLIN ATTEST: Mayor City Clerk G:\deVelop\dubl inranchXL-2\amend to tract dev agmt MSSH Dublin, LLC . EXHIBIT "B' OF RESOLUTION -2000 'AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR DUBLIN RANCH-PHASE I, TRACT 6958 (NEIGHBORHOOD L-3) BETWEEN CITY OF DUBLIN AND MSSH DUBLIN DEVELOPMENT, LLC WItEREAS, the City of Dublin (hereinafter referred to as "CITY")and MSSH Dublin Development, LLC (hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter referred to as AGREEMENT) on April 20, 1999; and / WHEREAS, time limit for completion of certain on-site and off-site improvements (hereinafter referred to as WORK) as set forth in the AGREEMENT has expired, and the DEVELOPER has submitted a request to extend the time limit for completion of said WORK; and WHEREAS, the City Engineer has reviewed the DEVELOPER's request, and determined that, it is in the best interest of the City and the DEVELOPER to approve the request; and WHEREAS, in order to extend the time limit set by the AGREEMENT, an amendment to the AGREEMENT is needed; and WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set'forth in the AGREEMENT, and all terms and conditions which are not specifically modified by this Amendment shall remain in full force and effect; and NOW, THEREFORE, the parties hereto agree as follows: Timing of completion of WORK is extended June 30, 2001. CITY OF DUBLIN ATTEST: Mayor City Clerk ublin, LLC A D$1 ' ' 'ability Company D G:\develop\dublinranchXL-3\amend to tract dev agmt EXHIBIT ".e"-OF RESOLUTION -2000 AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR DUBLIN RANCH-PHASE !, TRACT 6959(NEIGHBORHOOD L-4) BETWEEN CITY OF DUBLIN AND. MSSH DUBLIN DEVELOPMENT, LLC WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and MSSH Dublin Development, LLC (hereinafier referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter referred to as AGREEMENT) on September 20, 1999; and WHEREAS, time limit for completion of certain on-site and off-site improvements (hereinafter ~referred to as WORK) as set forth in the AGREEMENT has expired, and the DEVELOPER has submitted a request to extend the time limit for completion of said WORK; and WHEREAS, the City Engineer has reviewed the DEVELOPER's request, and determined that, it is in the best interest of the City and the DEVELOPERto approve the request; and WHEREAS, in order to extend the time limit set by the AGREEMENT, an amendment to the AGREEMENT is needed; and WHEREAS, this Amendment hereby incorporates by reference all terms and conditions set forth in the AGREEMENT, and all terms and conditions which are not specifically modified by this Amendment shall remain in full force and effect; and NOW, THEREFORE, the parties hereto agree as follows: Timing of completion of WORK is extended to December 30, 2001. CITY OF DUBLIN ATTEST: Mayor City Clerk MSSH Dublin, LLC /L~~Liability Company · Date': ,/ G:\develop\dublinranch\L-4\amend to tract dev agmt