HomeMy WebLinkAboutReso 186-04 I-580/FallonDesign
RESOLUTION NO. 186 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AMENDMENT NO.2 TO AGREEMENT
WITH JENNIFER LIN REGARDING DESIGN OF THE
I-580IFALLON ROAD INTERCHANGE IMPROVEMENTS
WHEREAS, a part ofthe mitigation for the Dublin Ranch Areas A-E and F, G & H developments
requires improvement ofthe I-580lFallon Road Interchange; and
WHEREAS, the City and Jennifer Lin have agreed to the preparation of design documents related
to this interchange including Amendment No.1 dated May 1, 2001; and
WHEREAS, a credit against payment of future Category 1 Eastern Dublin Traffic Impact fees
will be provided to offset each of Jennifer Lin's payments of costs related to the project;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council approves Amendment
No.2 to the Agreement with Jennifer Lin regarding preparation of the expanded design scope and costs
for the I-580lFalton Interchange Improvements project.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute Amendment No.2 to the
Agreement, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 21st day of September, 2004.
AYES: Council members Oravetz, McCormick, Sbranti, Zika and Mayor Lockhart
NOES: None
ABSENT: None
ATTEST:
ABSTAIN: None
K2/G/9-21-04/reso-lin-amendment2 (Item 4.5)
g:miscproj\580Fallonlreso Lin design agrmt amend #2.doc
AMENDMENT NO.2 TO AGREEMENT BETWEEN JENNIFER LIN AND CITY
OF DUBLIN REGARDING DESIGN OF THE 1-580/FALLON ROAD
INTERCHANGE IMPROVEMENTS
THIS SECOND AMENDMENT is entered into this,1j~ay of~004
between the City of Dublin, a municipal corporation ("City") and Jennifer Un
("Lin"). (Collectively, City and Lin are referred to as "the Parties.")
RECITALS
A. The Parties are parties to a certain agreement dated May 16, 2000,
and amended May 1, 2001, entitled "Agreement Between Jennifer Lin and City of
Dublin Regarding Design and Construction of the 1-580/Fallon Road Interchange
Improvements" ("the Agreement").
B. Pursuant to the Agreement, Lin agreed to fund the preparation of
construction documents for the 1-580/Fallon Road Interchange Improvements up
not to exceed $754,470, and Lin has made various payments to the City in
accordance with the Agreement.
C. After the execution of the Agreement, City and the City of
Pleasanton agreed that certain additional improvements not contemplated in the
Agreement be made at the 1-580/Fallon Road Interchange, which improvements
are associated with proposed developments in Pleasanton, and the City of
Pleasanton agreed to contribute up to $202,671 toward the design of these
improvements.
D. In conjunction with those additional improvements, CalTrans
required certain additional Dublin-related design work that was not contemplated
in the Agreement, the cost of which was $210,559, and Lin has contributed this
amount to the City.
E. Caltrans has now required the City to include certain additional
improvements in the interchange design, some of which are Dublin-related and
some of which are Pleasanton-related, and the total cost of design for these
improvements is $415,223. Of this cost, $92,095 is Pleasanton-related, and the
City anticipates that Pleasanton would contribute this amount in the future.
F. In order to ensure the timely completion of the preparation of the
construction documents for the 1-580/Fallon Road Interchange improvements,
City has requested that Un, and Lin has agreed to, provide a deposit equal to
$415,223, of which $92,095 shall be reimbursed to Lin upon receipt of such
funds from Pleasanton, pursuant to the terms set forth in the Agreement and this
Amendment.
Amendment No. to Un Agreement Regarding
Design of I-SSD/Fallon Road Interchange
September 7,2004
Page 1 of 2
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree to amend the Agreement as follows:
AGREEMENT
Section 1. Paragraph 2 of the Agreement is amended to read as
follows:
"Lin has deposited a total of $1 ,380,252 with the City pursuant to the
terms of this Agreement that City will use to cover City's costs of the construction
document preparation as set forth in paragraph 1 above. City anticipates
receiving from the City of Pleasanton $92,095 associated with the design of the
interchange project ("the Pleasanton Contribution"). Within 30 days' of its receipt
of the Pleasanton Contribution (or any portion thereof) from the City of
Pleasanton, City agrees to pay to Un the Pleasanton Contribution (or any portion
thereof). The City has no duty to reimburse Lin in the event that the City of
Pleasanton does not make the Pleasanton Contribution. Any funds remaining
from the deposit shall be returned to Lin following completion of the construction
documents."
Section 3. The following sentence is hereby added to the end of the first
sentence of Paragraph 3 of the Agreement:
"Notwithstanding the foregoing, Un shall receive no TIF credit for its
$92,095 payment associated with the Pleasanton Contribution, unless the
TIF is amended to include the costs associated with the Pleasanton
Contribution. "
Section 4. The existing agreement remains in effect except as specifically
modified herein.
CITY OF DUBLIN
JENNIFER LlN
By:
By: ~
Martin W Inderbitzen
Attorney at Law
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