HomeMy WebLinkAboutReso 24-04 DublinRchBoxCulvert RESOLUTION NO. 24 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT
TO THE IMPROVEMENT AND MAINTENANCE AGREEMENT
FOR BOX CULVERT TO CHANNEL DRAINAGE FROM DUBLIN RANCH
×
WHEREAS, the Lin Family and the City of Dublin previously entered into an Improvement and
Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Raneh, dated October 7, 2003;
and
WHEREAS, the Lin Family has executed and filed with the City of Dublin an amendment to the
Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch to
insert Sierra Land Development Corporation as a party to the agreement for bonding and security
purposes;
NOW, THEREFORE, BE IT RESOLVED that said amendment to the agreement, hereto
attached as Exhibit "A', is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Amendment.
PASSED, APPROVED AND ADOPTED this 17th day of February, 2004.
AYES: Councilmembers McCormick, Omvetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None ~ . /
; - "Mayor -
ATTEST:
Cq k
K2/G/2- 17-04/reso.lin-boxculvert. doc (Item 4.4)
g:\d~v¢lop~lublin ranch~frastrueture~g3 box eulvert~msolution amend agree, doe
EXHIBIT "A" TO RESOLUTION~/- 04
FIRST AMENDMENT TO --
IMPROVEMENT AND-MAINTENANCE AGREEMENT
FOR BOX CULVERT TO'CHANNEL DRAINAGE FROM DUBLIN RANCH
THIS FIRST AMENDMENT TO THE IMPROVEMENT AND MAINTENANCE AGREEMENT
FOR BOX CULVERT TO CHANNEL DRAINAGE FROM DUBLIN RANCH is made and
entered in the City of Dublin on this 17th day of February, 2004. by and among the City of
Dublin, a Municipal Corporation ("City"), and Chang SM-O-Lin (also known as Jennifer Lin),
Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known as
Kevin Lin), hereinafter referred to as ("the Lin Family"), and Sierra Land Development
Corporation ("Sierra Land") (Lin Family and Sierra Land are referred to collectively as
("Owner").
RECITALS
A. .City and Lin Family are parties to.an agreement entitled Improvement and
Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch, dated
October 7, 2003 ("the Agreement").
B. Lin Family is the owner of certain land within the city of Dublin, known.as
Dublin Ranch. The City has approved certain development projects in Dublin Ranch that
require the construction of a box culvert along the north side of 1-580 to drain Dublin Ranch
("the .improvements").
C. Sierra Land is a legal entity controlled by the Lin Family that the Lin Family
propose to use to construct the Improvements. Sierra Land was not a party to the
Agreement.
D. By this Amendment, the parties intend to include Sierra Land as a party to the
Agreement to authorize Sierra Land to provide the security required by Section 3 of the
Agreement.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of
the mutual promises, obligations and covenants herein contained, City and Owner agree to
amend the Agreement as follows:
AGREEMENT
Section 1. Inclusion of Sierra Land as a Party. The term "Owner" as used in the
Agreement shall be.deemed to refer, to both the Lin Family and Sierra Land.
First Amendment to improvement and Maintenance Agreement
For Box Culvert to Channel Drainage from Dublin Ranch
Section 2. All other terms of the Agreement shall remain in effect.
IN WITNESS WHEREOF. the parties hereto ,have caused this Agreement to be
executed as of the date and year first above written.
CITY OF DUBLIN OWNER
· ¢f.Cnet Lockhart, Mayor' - - ' Chang Su-"O-Lin
Dat~U ~/~ ~¢¢ (also known as Jennifer Lin)/¢
Date:
(also known as Frederich or Frederic Lin)
By:
~, ~ity Clerl~ Date: ,/-
(also known as Kevin Lin)
Approved as to Fo~: Date:
eth H. Silvor, Gity
Jame~ng, Secr~ta. .
First Amendment to Improvement and Maintenance Agreement
For Bo.x Culvert to Channel Drainage from Dublin Ranch Page 2o~¢ 2