HomeMy WebLinkAbout4.09 I-580/Fallon/Lin/Cons CZTY CLERK
FILE # 600-30
AGENDA STATEMENT
CTTY COUNCIL MEETTNG DATE: May 1, 2001
SUBJECT:
Agreement with Jennifer Lin for Construction of the I-580/Fallon
Road Interchange Improvements.
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
Resolution
Agreement with Jennifer Lin
RECOMMENDATION: d Adopt Resolution approving the Agreement with Jennifer Lin for
construction of the 1-5 80/Fallon Road Interchange Improvements
FINANCIAL STATEMENT:
The combination of this agreement, together with the Development
Agreement for the Dublin Ranch project, provides that Jennifer Lin
will pay the cost of construction for interchange improvements at the
1-580/Fallon Road Interchange.
The cost of construction is broken down as follows:
Value of Land Dedication $ 163,488
Installation of New Bridge and Loop Onramp 6,920,075
TOTAL $7,083,563
The Developer (Lin) will receive a credit in accordance with the
City' s adopted TIF guidelines against payment of the future Eastern
Dublin Traffic Impact Fees (TIF) in an amount equal to the value of
land dedicated and funds advanced for this work. The Agreement
has been signed by the authorized Developer representative.
DESCRIPTION: Improvement of the I-580/Fallon Road Interchange is a required
mitigation for the Dublin Ranch Developments, Areas A-E and F, G & H. The City Council previously
approved preparation of Design Documents for the I-580/Fallon Road Interchange Improvements. The
interchange improvements included in this agreement consist of the following two parts:
COPIES TO: Jennifer Lin c/o Marty Inderbitzen
g:\develop\interchanges\Fallon ConstructionNagst lin fallon construction agmt
ITEM NO.
Part I:
Widening of approaches to the two intersections, one on either side of 1-580, together with
intersection signalization.
Part II: Construction of a second bridge overpass and new southbound to eastbound loop onramp.
Future phases would add a northbound to westbound loop onramp and mainline auxiliary lanes. The
cost of these ultimate improvements would be shared with the Cities of Livermore and Pleasanton. It is
anticipated that both phases of the construction would begin in Spring or Summer 2002, depending on the
need for traffic mitigations as Dublin Ranch develops.
Once this agreement is executed, staff will accept the land dedication on behalf of the City.
Staff recommends that the City Council adopt the resolution approving the Agreement with Jennifer Lin
for construction of the 1-580/Fallon Road Interchange Improvements.
Page 2
RESOLUTION NO. - O1
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN .
APPROVING AGREEMENT WITH JENNIFER LIN
REGARDING CONSTRUCTION OF THE 1-580/YALLON ROAD INTERCHANGE
WHEREAS, .a part of the traffic mitigation for the Dublin Ranch Developments, Areas A-E and F,
G & H requires improvements to the 1-580/Fallon Road Interchange; and
WHEREAS, the City and Jennifer Lin have agreed to the scope and payment of cost for the
construction of improvements related to this interchange; and
WHEREAS, a credit against payment of future Category 2 Eastem Dublin Traffic ImpaCt Fees
will be provided to offset Jennifer Lin's payments of and land dedication related to this project;
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the agreement with
Jennifer Lin regarding land dedication and construction of improvements for the 1-580/Fallon Road
Interchange.
BE IT FLIRTHER RESOLVED. that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 1st day of May, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g:develop\interchanges~Fallon ConstmctionXreso agmt Jennifer Lin
AGREEMENT BETWEEN THE LIN FAMILY AND
CITY OF DUBLIN REGARDING FUNDING FOR CONSTRUCTION OF
FALLON ROAD i 1-580 INTERCHANGE
THIS AGREEMENT is entered into this day of 2001, between the City of
Dublin, a municipal corporation ("City") and Chang Su-O-Lin (also known as Jennifer Lin), Hong Lien Lin
(also known as Frededc or Frederich Lin) and Hong Yao Lin (also known as Keyin Lin), (hereinafter
"Developer").
RECITALS
A. Developer owns approximately 1,119 acres of land located with the area generally
known as Eastern Dublin, located in the City of Dublin, County of Alameda ("Developers Land").
B. City has adopted a fee known as the Eastern Dublin Traffic Impact Fee ('q'lF") to pay
for road improvements (including freeway improvements) necessary for development in Eastern Dublin.
C. The Eastern Dublin Specific Plan designates land uses for Developers property.
Developer will be required to pay a TIF fee when Developer develops such property.
D. Improvements to the Fallon Road / 1-580 Interchange ("Interchange Improvements") are
included in the TIF as a "Category 2" improvement; such improvements, which are described on Exhibit
A, wil/ be constructed in two parts (Part I and Part II). The improvements will facilitate the development
of Developer's property, which is described on Exhibit B.
E. Developer has agreed to advance funds to City to be used for design of the
Interchange Improvements and has dedicated right-of-way for future construction.
F. Developer agrees to advance funds to City to be used for the construction of the
Interchange Improvements. City will use such funds to construct the Interchange Improvements. In
order to construct 'the Interchange Improvements, City will first have to enter into a "design cooperative
agreement" and a "construction cooperative agreement'.';.with the State Departmentof Transportation
("Caltrans"). The advance of funds will enable City to enter into such agreement with Caltrans and,
thereafter, to enter into other agreements with consultants and construction firms for the construction of
the Interchange Improvements.
G. -City's design and construction of the Interchange Improvements will facilitate
development of Developer's property as well as the properties shown on Exhibit C, attached hereto,
which are owned by other persons ("Non-Contributing Developers").
H. City has adopted Resolution 23-99 to provide for credits and reimbursement for the TIF;
l/
Agreement Between the Lin Family ahd City of Dublin regarding
Funding for Design and Construction of Fallon Road Interchange
Page 1 of 5
TIF; such resolution and any amendments thereto will be referred to as the "TIF Guidelines".
AGREEMENT
NOW, THEREFORE, City and 'Developer agree as follows:
Section 1. Advance of Monies by Developer
When City anticipates awarding a contract for construction of the Intemhange Improvements
and upon fr[teen (15) days' wdtten notice from City, Developer agrees to pay to City the sum of.six
million nine hundred twenty thousand seventy-five dollars ($6,920,075).
In theevent the City determines that it has insufficient monies to fund the intemhange
Improvements ("deficit"), whether due to insufficient funds being contributed by Developer or due to
increased costs, Developer agrees to advance an additional sum of money to make up the deficit upon
request by City.
City shall set aside all funds received pursuant to this agreement in an account for the
Interchange Improvements. City will invest such funds as part of City's investment pool.
In the event the City obtains construction bids for the project lower than the estimated costs
and therefore resulting in excess funds being contributed by Developer, City agrees that it shall
immediately refund the excess funds to Developer.
Section 2. Use of Monies by City
City will use the monies paid by Developer pursuant to this Agreement, together with any
interest eamed thereon, for the construction of the Interchange Improvements. As used herein,
"construction" shall include preliminary engineering, preparation of project study report, project report,
plan specifications and estimates, engineering, environmental documentation and review, right-of-way
acquisition (if necessary), permits, processing, utility relocation, construction, construction inspection,
project management, and inspection.
City shall be under no obligation to use the monies paid by Developer until such time that City
has adequate monies to construct the Interchange Improvements.
Section-3. Dedication of Ri.qht-of-Way
Developer has delivered a grant deed to City for the land described on Exhibit D, consisting of
12,576 square feet, for use by City to widen Fallon Road at the north approach to the interchange.
The City will provide Developer with a credit for such land at a value of $13 per square foot, as
provided below.
Agreement Between ff~e Lin Family and City of Dublin regarding
Funding for Design and Construcljon of Fallon Road Interchange
Page 2 of 5
January 8, 2001
Section 4. Credit Against TIF
City will provide a credit to Developer in the amount of Developer's payment of monies
hereunder and contribution of land, as provided in Section 3 above, to be used by Developer against
payment of the TIF. This agreement shall be deemed to be the credit/reimbursement agreement
required by Section V(A) of the TIF Guidelines. All aspects of the credits shall be as described in the
TIF Guidelines,. including the dght to convert any unused credits to a dght of reimbursement, subject to
the following provisions: (a) the Developer shall pay an administrative fee of one-half of one percent or
$1,000 whichever is greater; (b) the credit shall be granted at the time Developer makes payments of
money pursuant to this agreement; (c) the credit shall be in the amount of $7,083,563 ($6,920,075
plus $163,488 for the landS..(d) the credit may be used only against the Category 2 TIF Fees; and (e)
the credit may be used once it is granted,
section 5. Return of Unused Monies
Except as provided below, City will retum any monies which are not used by City for the
construction of the intemhange Improvements to Developer within 30 days of a -final accounting by City
of the actual costs of construction.
The amount of any unused TIF credits shall be reduced by the amount of any monies retumed
to the Developer. There will be no retum of any unused monies if Developer has no unused TIF
credits.
Section 6. Reimbursement of Monies Collected from Non-Contdbutin.q Developers
City agrees to use whatever legal power it has make every effort to collect monies for the
design and construction of the Interchange Improvements from any Non-Contributing Developer
who seeks to develop property shown on Exhibit C in advance of the time any such non-
contributing developer pulls building permits.
(b)
If City is able to collect such monies ("Later Payment") in advance of building permits, City agrees
that it will reimburse Developer from the Later Payment (to a maximum of Developer's remaining
TIF credits).
(c)
If City is able to collect a Later Payment at the time of building permit, City agrees it will use
18.24% of the Later Payment (which will consist of the Category 2 portion of the Traffic Impact Fee
paid at building permit) to reimburse Developer (to a maximum of Developer's remaining TIF
Credits).
(d)
City will reimburse Developer within 30 days of receipt of the Later Payment. Any reimbursement
pursuant to this Section shall reduce the amount of credits granted to Developer pursuant to
Section 4 hereof.
//
Agreement Between lhe Lin Family and City of Dublin regarding
Funding for Design and Construcljon of Fallon Road Interchange
Page 3 of 5
January 8, 2001
Section 7. No Obli.aation To ADDrove Project
This agreement shall not be construed as providing Deve!oper with any assurance that any
application for a land use entitlement will be granted by City for Developer's property.
Section 8. Effect of A.areement
In the event that a traffic study prepared by or for City for an application by Developer for a land
use entitlement for Developers Land concludes that the Interchange Improvements are required to be
constructed for the Developer's proposed project, the City will not deny the proposed p~oject on the ground
that the Interchange Improvements have not been constructed. City further agrees that it will not enforce a
condition that the Interchange Improvements must be constructed prior to issuance of the first certificate of
occupancy for such proposed project provided that Developer has paid all amounts due under Section 1
and City has 1)approved all necessary environmental documentation for the Interchange Improvements,
2) received or anticipated receiving all necessary permits to proceed with the Interchange Improvements,
and 3) received all funding necessary to complete the Interchange Improvements,
Section 9. Recitals
The foregoing Recitals are true and correct and are made a part of this agreement ....
Section 10. Assessment District
Developer has requested City and City has initiated proceedings to form an assessment district to
finance certain improvements (Council Resolution 87-99; Assessment Distdct No. 1999-1, Dublin Ranch).
The advancement of Traffic Impact Fees to facilitate the Interchange Improvements is included in the
Description of Work (Resol. No. 89-99). In the event that TIF fees for the Interchange Improvements have
been advanced by Developer through the Assessment District for Developer's property, Developer will be
relieved of its obligation to advance monies hereunder, provided that Developer's obligation to advance a
total of $6,920,075 shall be met either by this agreement or through the assessment district.
Agreement Between the Lin Family and City of Dublin regarding
Funding for Design and Construcljon of Fallon Road Interchange
Page 4 of 5
January 8, 2001
CITY OF DUBLIN
//
Dated:
Attest:
.Mayor
CityClerk
Approved astoform:
City Attomey
Date:
Approved as to Form:
Attomey for Lin Family
DEVELOPER
Chang Su-O-Lin (also known as Jennifer Lin)
Hong Yao Lin (also known as Keyin Lin)
Hp~, i!~;n Lin (also known as Frededch or
F'ec[e Lin)
'Ja~s]'ong '
AL:h~ed Representative
J:\WPD~,MNP, SV, A114~001L~001~AGREE~FALLON R.D_CONSTRUCTION_0108.DOC
Agreement Between lhe Lin Family and City of Dublin regarding
Funding for Design and Consb'uction of Fallon Road Intemhange
Page 5 of 5
January 8, 2001
EXHIBIT A
The interchange improvements included in this agreement consist of the following two parts:
Part I:
The widening of approaches to the two' intersections, one on either side of 1-580.
together with intersection signalization.
Part II:
The 'construction of a second bridge overpass to provide two-lanes in each direction and
a new .southbound to eastbound loop onramp.
Widening the eastbound 1-580 off-ramp to provide a second left-turn lane at the ramp
termini at the intersection of E1 Charro Road.
Constructing the eastbound 1-580 two-lane (one mixed-flow lane with an HOV by-pass)
loop on-ramp.
Widening northbound Fallon Road north of the overcrossing to provide' additional
storage at the intersection with the westbound ramps.
Widening the westbound 1-580 off-ramp to provide four lanes (two left and two right-
turn lanes) at the ramp intersection with Fallon Road.
Widening Fallon Road approaching the intersection with the westbound ramps.
Widening the westbound 1-580 on-ramp.
g.'develop\interchanges\fallon construction\exhibit A
16034-02
4-25-01
F.C.I.
EXHIBIT 'B'
DESCRIPTION OF LIN ET AL
PROPERTY IN THE CITY OF DUBLIN SUBJECT TO THE
FALLON INTERCHANGE CONTRIBUTION AREA
ALL THOSE CERTAIN REAL PROPERTIES SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCELS 1, 2-A, 3, 6, AND 7 AS CONVEYED IN THE DEED TO: "D. R. ACQUISITIONS L LLC, A DELAWARE
LIMITED LIABILITY COMPANY" AS RECORDED ON AUGUST 17, 2000, SERIES No. 2000247985, AND
"RESULTANT PARCEL 'A" AND "RESULTANT PARCEL 'B"' OF LOT LINE ADJUSTMENT No. "00-07" AS
RECORDED IN SERIES No. 2000330114, ALL IN OFFICIAL RECORDS O,F ALAMEDA COUNTY.
TOGETHER WITH:
ALL OF THAT CERTAIN PARCEL OF LAND CONVEYED TO: "KEVIN LIN' AS RECORDED ON DECEMBER
15, 1999 IN SERIES No. 1999445131, ALAMEDA COUNTY RECORDS.
TOGETHER WITH:
ALL OF THAT CERTAIN PARCEL OF LAND CONVEYED TO: "CHANG SU-O LIN' AS RECORDED ON
JANUARY 6, 1982 IN SERIES No. 82-001756, ALAMEDA COUNTY RECORDS.
TOGETHER WITH:
ALL THAT PARCEL OF LAND DESIGNATED AS: "RESULTANT REMAINDER No. 4" OF LOT LINE
ADJUSTMENT No. "99-19" AS RECORDED ON APRIL 10, 2000 IN SERIES No. 2000106747, ALAMEDA
COUNTY RECORDS.
TOGETHER WITH:
ALL OF THAT CERTAIN PARCEL OF LAND CONVEYED TO: "CHANG SU-O LIN' AS RECORDED ON JULY
31, 1985 IN SERIES No. 85-150494, ALAMEDA COUNTY RECORDS.
TOGETHER WITH:
ALL THOSE CERTAIN PARCELS OF LAND DESCRIBED AS: "PARCEL 1,, "PARCEL 2", "PARCEL 3',
"PARCEL 4', "PARCEL 5', "PARCEL 6', "PARCEL 7', "PARCEL 8', AND "PARCEL 9' OF THAT CERTAIN
FINAL MAP ENTITLED: "TRACT 7148' AS FILED ON FEBRUARY 14, 2001 IN BOOK 257 OF MAPS, AT
PAGES 3 THROUGH 7, INCLUSIVE, ALAMEDA COUNTY RECORDS.
END OF DESCRIPTION
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
P:\Iegals\16034-20\interchange.doc
IBAQKAY&SeBiPS
CIVIL ENGINEERINGeLAND PLANNING' LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355
[925] 225-0690
..~ECORDING REQUESTED' BY
First American 'l'~tle Guaranty Company
Order No. 590192
Escrow No. 590192
WHEN RECORDED MAIL TO:
City of Dublin
City Engineer
P,O. Box 2340
Dublin, CA 94568
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
t/
EXHIBIT "D"
Page 1 of 2
SPACE ABOVE THIS LINE FOR RECORDER~ USE
The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $ 0
DOCUMENTARY TRANSFER TAX $ exempt
SURVEY MONUMENT FEE $
Computed on the consideration or vslue of property conveyed; OR
Computed on the consideration or value less liens or encumbrances
remainhg ~t time of sale.
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CHANG SU-O LIN, also known as,JENNIFER UN, and ru,-,,,-rdC
4',,,,.,u. ,G~ F,~E~E/('IC. /,.
-hereby GRANT(S) to
City of Dublin
the real property in the City of Dublin '
County of ~Alameda , ~ate of California, described as
FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dmed March 31, 2000
the within instrument and acknowledged to me that~hc,';ha/they
executed the same irfhisPP, e~heir authorized capaclty(ies), and that
by.kz.s/hsr/thoir signature(s) on the instrument the person(s) or the
entity upon behaff of which the pers s)/acted. executed the
instrumenL ~~! .
WITNESS my hand 8 ~fficial .
s nat,, o '
Exhibit A
DESCRIPTION
ADDITIONAL RIGHT-OF-WAY
CHANG SU-O LIN PROPERTY
FALLON ROAD & 1-580
EAST DUBLIN PROJECT
EXHIBIT "D"
Pa'~e 2 of 2
ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF RANCHO SANTA RITA, TOWNSHIP 3
SOUTH, RANGE I EAST, MOUNT DIABLO MERIDIAN AND BEING ALSO A PORTION OF THE CHANG
SU-.0 LIN PROPERTY AS SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY
MAP NO. 1005 (R.O.S. #1005), FILED IN BOOK 16 OF RECORDS OF SURVEY AT PAGES 37 TO 51,
ALAMEDA COUNTY RECORDERS OFFICE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF FALLON ROAD WITH
THE NORTHERLY LINE OF STATE HIGHWAY 1-580, SHOWN AND SO DESIGNATED ON SAID R.O.S.
#1005 AS BEING MARKED BY A STEEL FENCE CORNER POST WHICH BEARS S 83°24'49" W 86.39
FEET FROM A CHC BRASS DISC STAMPED "A458";
THENCE FROM SAID POINT OF BEGINNING AND COINCIDENT'WITH SAID NORTHERLY LINE OF
STATE HIGHWAY 1-580 S 50°39'32" W 65.65 FEET;
THENCE LEAVING SAID NORTHERLY LINE PARALLEL TO THE AFOREMENTIONED WESTERLY LINE
OF FALLON ROAD N 02006'49" E 276.86 FEET;
THENCE S 88058'58" E 49.21 FEET TO A POINT IN THE WESTERLY LINE OF SAID FALLON ROAD;
THENCE COINCIDENT THEREWITH S 02006'49" W 234.34 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 12,576 SQUARE FEET MORE OR LESS.
END OF DESCRIPTION
PREPARED BY:
STI~VEN M. MENDENHALL
LICENSED LAND SURVEYOR NO: 4444 (EXP. 9/30/01)
STATE OF CALIFORNIA
3/'h
DATE
4-25-2001 ?el
,~ VARGAS
,~eries o. 82-00 756 I
~% ~ICH :SIL~R~ ~ries No. 1999445151g
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P:\lGO34-2\exh-contrib,dw9
DUBLIN
DEVELOPER'S PROPERTY
(EXHIBIT 'B' PROPERTY DESCRIPTION)
"NON-CONTRIBUTING DEVELOPERS"
O' 1000' 2000' 4000'
t I
EXHIBIT 'C'
FALLON INTERCHANGE
CONTRIBUTION AREA
CALIFORNIA
IiIAGKAY&SOmPS
CIV1L ENGINEERINGeLAND PLANNINGeLAND SURVEYING
PLEASANTDN (925) 225-0690
Illi f · I 12-1l-O0 1114-I