HomeMy WebLinkAboutReso 162-17 Amendment to Park Improvement Agreement, Accepting the Jordan Ranch Park Improvements, and Accepting the Offer of Dedication of Parcel D of Tract 8024 RESOLUTION NO. 162 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AMENDMENT TO THE IMPROVEMENT AGREEMENT FOR JORDAN RANCH
PARCEL D (NEIGHBORHOOD PARK SITE), ACCEPTING THE JORDAN RANCH PARK
IMPROVEMENTS, AND ACCEPTING THE OFFER OF DEDICATION OF
PARCEL D OF TRACT 8024
WHEREAS, BJP-ROF Jordan Ranch, LLC, the Developer of Tract 8024, previously entered
into a Park Improvement Agreement for Jordan Ranch Parcel D (Neighborhood Park Site), dated
November 17, 2015, City Council Resolution No. 182-15, with the City of Dublin, to complete
improvements associated with the Jordan Ranch Neighborhood Park, Parcel D, Tract 8024, in
accordance with plans on file with the City Engineer; and
WHEREAS, the Developer has agreed to construct certain additional improvements that were
not contemplated as part of the original Improvement Agreement and will be reimbursed by the City;
and
WHEREAS, the City has prepared an Amendment to the Park Improvement Agreement,
attached hereto as Exhibit A; and
WHEREAS, the Developer provided Faithful Performance and Labor and Materials Bonds,
each in the amount of $1,962,485.00 (Bond No. 0694142), issued by International Fidelity Insurance
Company to guarantee said Jordan Ranch Parcel D (Neighborhood Park Site) Improvements; and
WHEREAS, the Jordan Ranch Parcel D (Neighborhood Park Site) Improvements are now
complete in accordance with said plans, and any approved modifications thereto, to the satisfaction of
the City Engineer; and
WHEREAS, the Faithful Performance Bond and Labor and Materials Bonds can be released,
in accordance with the authority contained in Section 66499.7 of the Government Code of the State of
California, and replaced with a Maintenance/Warranty Bond to guarantee the completed work for a
one-year period; and
WHEREAS, BJP-ROF Jordan Ranch, LLC, has provided a Maintenance/Warranty Bond in the
amount equal to twenty percent of the construct costs to guarantee the improvements for a one-year
period; and
WHEREAS, the Developer previously submitted an Offer of Dedication of Parcel D of Tract
8024, to the City for public park purposes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby:
1. Approves and accepts the Jordan Ranch Parcel D (Neighborhood Park Site)
Improvements, subject to a one-year guarantee period.
2. Accepts the submitted Maintenance Bond for the Jordan Ranch Parcel D
(Neighborhood Park Site) Improvements, as security for the aforesaid one-year
Reso No. 162-17, Adopted 12/19/2017, Item No. 4.11 Page 1 of 2
warranty period, said period to commence on this date and terminate on the 19th day of
December, 2018.
3. Releases the original Faithful Performance Bond issued by International Fidelity
Insurance Company (Bond No. 0694142) in the amount of$1,962,485.00 for the Jordan
Ranch Parcel D (Neighborhood Park Site) Improvements.
4. Releases the original Labor and Materials Bond issued by International Fidelity
Insurance Company (Bond No. 0694142) in the amount of$1,962,485.00 for the Jordan
Ranch Parcel D (Neighborhood Park Site) Improvements, in accordance with the
requirements of§66499.7 of the Government Code of the State of California.
5. Approves the Amendment to the Improvement Agreement with BJP-ROF Jordan
Ranch, LLC.
6. Accept the offer of dedication of Parcel D of Tract 8024 for public park purposes upon
completion of the construction of the certain improvements in the Amendment to the
Improvement Agreement for Jordan Ranch Parcel D (Neighborhood Park Site).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment
to the Park Improvement Agreement and make any necessary changes that carry out the intent of
this Resolution.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute a change order
for the additional improvements described in the Amendment to the Park Improvement Agreement
and is authorized to pay the Developer for the cost of the Additional Improvements up to an amount,
not to exceed one hundred fifty thousand dollars ($150,000).
PASSED, APPROVED AND ADOPTED this 19th day of December, 2017, by the following
vote:
AYES: Councilmembers Biddle, Goel, Gupta and Hernandez
NOES:
ABSENT: Mayor Haubert
ABSTAIN:
A/(14
Mayor Pro Tempore
ATTEST:
CZ.t.q) Z- f-ce
City Clerk
Reso No. 162-17, Adopted 12/19/2017, Item No. 4.11 Page 2 of 2
AMENDMENT TO PARK IMPROVEMENT AGREEMENT FOR
JORDAN RANCH PARCEL D (NEIGHBORHOOD PARK SITE)
THIS AMENDMENT TO THE PARK IMPROVEMENT AGREEMENT (this
"Amendment") is made and entered in the City of Dublin on this 19th day of December,
2017 by and between the City of Dublin, a Municipal Corporation (hereafter "City") and
BJP-ROF Jordan Ranch, LLC, a California Corporation (hereafter "Landowner"). City
and Landowner are hereinafter collectively referred to as the "Parties."
WITNESSETH:
WHEREAS, City and Landowner are Parties to that certain "Improvement
Agreement for Jordan Ranch Parcel D (Neighborhood Park Site), dated November 17,
2015 ("Agreement"); and
WHEREAS, the City wishes to include Additional Improvements in Jordan Ranch
Neighborhood Park, which include: modification of a bio-retention basin; modification to
a drainage swale; and installation of an irrigation booster pump ("Additional
Improvements); and
WHEREAS, Landowner agrees to construct the Additional Improvements and the
City agrees to reimburse the Landowner for the actual costs incurred for the construction
of the Additional Improvements, up to the not to exceed amount of$150,000; and
WHEREAS, the Parties wish to amend the Agreement to include the Additional
Improvements and associated construction costs.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the Agreement is amended as follows:
1. Section 2. Construction Documents is rescinded in its entirety and replaced with
the following:
2. Construction Documents. The City has prepared construction plans and
specifications for the Improvements, dated August 27, 2015, and on file with the Public
Works Director. The construction plans and specifications are amended to include
Additional Improvements identified by the City, and to be constructed by the Landowner,
consisting of: (1) modification of a bio-retention basin; (2) modification of a drainage
swale; and (3) installation of an irrigation booster pump (the "Additional Improvements").
2. Section 3. Completion Time, the first sentence is rescinded in its entirety and
replaced with the following:
3. Completion Time. Landowner will commence construction of the
Improvements and Additional Improvements by March 1, 2016, provided that the City
has provided the plans by January 15, 2016, and shall complete all Improvements no
later than February 1, 2018 except as extended by weather delays as allowed for in the
City's standard specifications or unless the completion date is extended by the City
Council.
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3. Section 11. Estimated Cost of Improvements is rescinded in its entirety and
replaced with the following:
11. Estimated Cost of Improvements. The estimated cost of constructing the
Improvements required by this Agreement as adjusted for inflation is agreed to be for a
fixed limit in the amount of $1,965,000 as more fully set out in Exhibit "B" entitled
"Complete Project Cost Estimate — Jordan Ranch Neighborhood Park Improvements"
and incorporated herein.
The estimated cost to construct the Additional Improvements required by this
Agreement as adjusted for inflation is agreed to be for a fixed, not to exceed amount of
$150,000. Upon completion of the Additional Improvements, the Landowner shall
provide the City with an invoice for the actual cost of the Additional Improvements.
Within thirty (30) days of receipt of the invoice, the City shall pay the Landowner the
lessor of the actual costs of the Additional Improvements or$150,000.
4. Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
IN WITNESS WHEREOF, the City and Landowner have executed this Amendment, the
day and year first above written.
CITY OF DUBLIN
-- - a Municipal Corporation
Dated: By:
Name: Christopher L. Foss
Title: City Manager
ATTEST:
By:
Name: Caroline P. Soto, City Clerk
Approved as to form
By:
Name: John Bakker, City Attorney
DEVELOPER
BJP-ROF Jordan Ranch, LLC
a Delaware limited liability company
By: Fallon-Jordan, LLC
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a California limited liability company
its Managing Member
By: MVP Development California, LLC
a California limited liability company
its Managing Member
By: 2002 Radanovich Family Trust
its Managing Member
By:
Name: Robert Radanovich
its: Trustee
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