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HomeMy WebLinkAboutReso 056-89 Agmt w/EDubPropertyRESOLUTION NO. 56 - 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION APPROVING FIRST AMENDMENT TO AGREEMENT (EAST DUBLIN) WHEREAS, the City Manager has presented an Agreement entitled "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"; and WHEREAS, the City Council is familiar with the provisions of said Agreement. NOW, THEREFORE, the City Council does resolve as follows: The City Council approves said Agreement and authorizes the City Manager to execute said Agreement. PASSED, APPROVED AND ADOPTED this 24th day of April, 1989. Councilmembers Hegarty, Jeffery, Snyder, Vonheeder & ~yor Moffatt AYES: NOES: None ABSENT: None ATTEST: City Clerk -3- 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, ("the Property Owners") 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" (the "AGREEMENT") which agreement is dated ; and WHEREAS, additional professional services are required for the purposes of preparing the General Plan Amendment Study and Environmental Impact Report ("EIR"); and WHEREAS, the total costs of such additional services is $71,593.00 or $53,638, if no sensitive plants, kit foxes or other sensitive species are found to be present; and WHEREAS, because this Amendment relates only to costs for the General Plan Amendment and EIR, the agreement of all Sponsoring Property Owners is not required to the amendments set forth herein; and WHEREAS, the Property Owners and The City hereby agree to amend the AGREEMENT as follows: A. Section 2 is amended by deleting Section 2 and adding new Section 2 to read as follows: 2. Payment To The City. The Property Owner will pay The City the following amounts as its proportional share of the cost of preparing the General Plan Amendment, the Specific Plan, the Environmental Impact Report and related documents as more fully described above: General Plan (The Property Owner's property only Supplemental General Plan (Geotechnical and biological) Additional General Plan Costs (The Property Owner ' s. proportional share of the costs a~cribed to the parcels owned by non-participating property owners) Specific Plan (The Property Owner's property only) Additional Specific Plan Costs (The Property Owner's proportional share of the costs ascribed to the parcels owned by non- participating property owners) Total $ ** *If no sensitive plants, kit foxes or other sensitive species are found to be present, the total "Supplemental General Plan" cost will be $ . **Total will be $ if no sensitive plants, kit foxes or other sensitive species are found to be present. B. Section 3 is amended by adding thereto the following sentence: The sum indicated in paragraph 2 as "Supplemental General Plan" cost is Property Owner's proportionate share of $71,593 or $53,638*** and shall be paid by the Property Owner to the City within thirty (30) days 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 ***If no sensitive. plants, kit foxes or other sensitive species are found to bepresent, the total "Supplemental General Plan" cost will be $ 53,63~~ .