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HomeMy WebLinkAboutReso 107-90 PropOwnersEDubStudyRESOLUTION NO. 107 - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO AGREEMENTS BETWEEN THE CITY OF DUBLIN AND SPONSORING PROPERTY OWNERS FOR EAST DUBLIN STUDY WHEREAS, the preparation of a General Plan Amendment and Specific Plan Studies for East Dublin is a comprehensive process involving several Sponsoring Property Owners and the City of Dublin; and WHEREAS, the City Council has previously authorized two amendments to the original Agreement between the City of Dublin and the Sponsoring Property Owners; and WHEREAS, only certain Sponsoring Property Owners elected to participate with the execution of Amendments numbered 1 and 2; and WHEREAS, the group of Property Owners which executed the First Amendment also executed the Second Amendment; and WHEREAS, it is necessary to further amend these agreements in order to accomplish the work necessary to complete the project; and WHEREAS, two amendments are attached hereto marked Exhibit A and B respectively and by reference made a part hereof; and WHEREAS, Exhibit A is labeled First Amendment to the Agreement; and WHEREAS, Exhibit B is labeled Third Amendment to the Agreement; and WHEREAS, whether a Sponsoring Property Owner executes Exhibit A or Exhibit B will depend upon whether said Property Owner has previously executed an amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment (Exhibit A and B) and authorizes the City Manager to execute the appropriate Amendment with Sponsoring Property Owners. BE IT FURTHER RESOLVED that the amount attributable to each property owner shall be based upon acreage based formulas used to develop the cost sharing of the original scope of work. The amount will vary depending on the number of participating owners (including Alameda County); however, the aggregate amount attributable to all parties participating in this amendment shall not exceed $220,868. PASSED, APPROVED AND ADOPTED this 23rd day of July, 1990. AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt NOES: None ABSENT: None Mayor <<DATA A:EASTDAT3.DOC~ FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT WHEREAS, <<po>> ("the Property Owner") and the City of Dublin ("The City") are parties to an agreement entitled "AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT FOR A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT," which agreement is dated ~datel>>; and WHEREAS, further professional services are required for the purposes of preparing the General Plan Amendment Study, Specific Plan and Environmental Impact Report ("EIR"); and WHEREAS, the total costs of such further services ("Further Services") is $220,868; and WHEREAS, because this Amendment relates to payment of costs for the General Plan Amendment, Specific Plan and EIR by certain Sponsoring Property Owners, the agreement of all Sponsoring Property Owners is not required to the amendments set forth herein; and WHEREAS, the Property Owner and The City hereby agree to amend the AGREEMENT as follows: follows: A new Section 9 is added to the AGREEMENT to read as "9. Payment To The City for Further Services. The Property Owner will pay The City the following amounts for the cost of Further Services: General Plan and EIR Further Services (The Property Owner's property only) General Plan and EIR Costs for Further Services Attributable to Property Owned by Others $ << amt 1 ~ $ ~< amt 2 ~ Specific Plan and EIR Further Services (The Property Owner's property only) $~amt3~ Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others TOTAL $ << amt4 ~ $~amt5~ follows: A new Section 10 is added to the AGREEMENT to read as "10. Reimbursement for Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others In the event The City recovers any of the costs of preparing the Specific Plan and EIR from persons seeking governmental approval for lands within the East Dublin Specific Plan Area pursuant to Government Code Section 65456, The City shall reimburse The Property Owner in the amount of The Property Owner's proportional share of the "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others", not to exceed the amount of $<<amt4>>. The Property Owner's reimbursement pursuant to this paragraph shall be in the proportion The Property Owner's "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" contribution bears to the total "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" payments made by other contributing property owners (including Alameda County) entering into agreements with The City similar to this agreement and paying for "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" follows: A new Section 11 is added to the AGREEMENT to read as "11. Reimbursement for General Plan.and EIR Costs for Further Services Attributable to Property Owned'by Others In the event The City recovers any of the costs of preparing the General Plan and EIR from persons seeking governmental approval for lands within the East Dublin extended planning area or otherwise, The City shall reimburse The Property Owner in the amount of The Property Owner's proportional share of the "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others," not to exceed the amount of $<<amt2~. The Property Owner's reimbursement pursuant to this paragraph shall be in the proportion The Property Owner's "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others" contribution bears to the total "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others" payments made by other contributing property owners (including Alameda County) entering into agreements with The City similar to this agreement and paying for "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others." follows: A new Section 12 is added to the AGREEMENT to read as "The Total sum indicated!in paragraph 9 shall be paid by the Property Owner to The City at the time of execution of this Amendment." 2 Except as expressly amended, the AGREEMENT shall remain in full force and effect. THE PROPERTY OWNER THE CITY OF DUBLIN (a Municipal corporation) By: By: Printed Name Richard C. Ambrose, City Manager Date: Date: 3 {{DATA A:EASTDATA.DOC~ THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT WHEREAS, <<po~> ("the Property Owner") and the City of Dublin ("The City") are parties to an agreement entitled "AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT FOR A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT," which agreement is dated {{datel~, and was amended by the FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT, dated <{date2>~ and the SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE SPONSORING PROPERTY OWNERS FOR PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT, dated ~date3~ ("AGREEMENT"); and WHEREAS, further professional services are required for the purposes of preparing the General Plan Amendment Study, Specific Plan and Environmental Impact Report ("EIR"); and WHEREAS, the total costs of such further services ("Further Services") is $220,868; and WHEREAS, because this Amendment relates to payment of costs for the General Plan Amendment, Specific Plan and EIR by certain Sponsoring Property Owners, the agreement of all Sponsoring Property Owners is not required to the amendments set forth herein; and WHEREAS, the Property Owner and The City hereby agree to amend the AGREEMENT as follows: follows: A new Section 9 is added to the AGREEMENT to read as "9. Payment To The City for Further Services. The Property Owner will pay The City the following amounts for the cost of Further Services: General Plan and EIR Further Services (The Property Owner's property only) $ <{ amt 1 >~ General Plan and EIR Costs for Further Services Attributable to Property Owned by Others $ {< amt2 ~ XHiBiT Specific Plan and EIR Further Services (The Property Owner's property only) $ << amt3 >> Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others $ <<amt4 >~ TOTAL $<<amt5>> follows: A new Section 10 is added to the AGREEMENT to read as "10. Reimbursement for Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others In the event The City recovers any of the costs of preparing the Specific Plan and EIR from persons seeking governmental approval for lands within the East Dublin Specific Plan Area pursuant to Government Code Section 65456, The City shall reimburse The Property Owner in the amount of The Property Owner's proportional share of the "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others", not to exceed the amount of $<<amt4~. The Property Owner's reimbursement pursuant to this paragraph shall be in the proportion The Property Owner's "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" contribution bears to the total "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others" payments made by other contributing property owners (including Alameda County) entering into agreements with The City similar to this agreement and paying for "Specific Plan and EIR Costs for Further Services Attributable to Property Owned by Others". follows: A new Section 11 is added to the AGREEMENT to read as "11. Reimbursement for General Plan and EIR Costs for Further Services Attributable to Property Owned by Others In the event The City recovers any of the costs of preparing the General Plan and EIR from persons seeking governmental approval for lands within the East Dublin extended planning area or otherwise, The City shall reimburse The Property Owner in the amount of The Property Owner's proportional share of the "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others," not to exceed the amount of $~amt2~. The Property Owner's reimbursement pursuant to this paragraph shall be in the proportion The Property Owner's "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others" contribution bears to the total "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others" payments made by other contributing property owners (including Alameda County) entering into agreements with The City similar to this agreement and paying for "General Plan and EIR Costs for Further Services Attributable to Property Owned by Others." 2 D. A new Section 12 is added to the AGREEMENT to read as follows: "The Total sum indicated in paragraph 9 shall be paid by the Property Owner to The City at the time of execution of this Amendment." Except as expressly amended, the AGREEMENT shall remain in full force and effect. THE PROPERTY OWNER THE CITY OF DUBLIN (a Municipal corporation) By: By: Printed Name Date: Date: Richard C. Ambrose, City Manager 3