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Home My WebLink About4.09 FairfieldParkImprvDAFile # 600-60 - AGENDA STATEMENT CTTY 'COUNCIL MEETZNG DATE: August 21, 2001 SUBJECT: Amendment to Improvement Developer Agreement for Ted Fairfield Park Report prepared by: Herma Lichtenstein, Parks & Facilities Development Manager ATTACHMENTS: RECOMMENDATION: 1. Amendment /~~1. Approve Amendment FINANCIAL STATEMENT: None DESCRIPTION: In September 2000, the City Council approved the Improvement Developer Agreement between the City and MSSH Dublin Development, LLC (developer) to construct Ted Fairfield Park in the Dublin Ranch Phase I Development. The Park included an area that was to be used by the Dublin San Ramon serVices District (DSRSD) for a recycled water pump station and park restroom building. The construction of the DSRSD facility is currently impacting the timely completion of approximately twenty percent of the park including the children's play area and adjacent plaza. The Developer has completed the remainder of the park facilities, which include the ball fields, walkways, basketball court, volleyball court, plaza and planting to the satisfaction of City Staff. In order to gain access and use of the park for the residents, Staff is recommending an amendment to the Improvement Developer Agreement that releases the Developer of specified obligations for the constructed improvements of the park as outlined in Section 3 of the Amendment (Attachment 1). The Amendment does not relieve the Developer of completing the remaining areas in a timely fashion and maintains all bonds and insurance until final acceptance. Staff anticipates that the remaining areas of the park will be completed in late Fall 2001. Recommendation: Staffrecommends that the City Council approve the Amendment to the Improvement Developer Agreement. COPIES TO: H:htterma\Council StatementskFairfield Park Acceptance.doc Shea Homes ITEM NO. 9 Amendment Number 1 to the Improvement Developer Agreement Executed September 5, 2000 between the City of Dublin and MSSH Dublin Development, LLC RECITALS WHEREAS, the City of Dublin and MSSH Dublin Development, LLC executed an Improvement Developer Agreement on September 5, 2000; and WHEREAS, the Improvement Development Agreement dated September 5, 2000 requires MSSH Dublin Development, LLC to construct and dedicate public improvements required by the development agreement between the City, MSSH Dublin Development, LLC, Centex Homes, Standard Pacific Corporation and MSSH Mayfield, LLC for the Dublin Ranch Phase I Project, in accordance with the plans and specifications prepared by Nuvis Landscape Architecture dated December 9, 1999 and approved by the City of Dublin on August 28, 2000 for Ted Fairfield Park (formerly Dublin Ranch Neighborhood Park); and WHEREAS, completion of portions of the improvements for Ted Fairfield Park has been delayed as a result of delay in completion of a Dublin San Ramon Services District pump station, which delay was itself caused by a Stucco Finisher's Union strike; and WHEREAS, the Stucco Finisher's Union strike is beyond the control of the City of Dublin, the Dublin San Ramon Services District and MSSH Dublin Development, LLC; and WHEREAS, MSSH Dublin Development, LLC wishes to be released from certain of its obligations under the Improvement Development Agreement Dated September 5, 2000 concerning portions of the improvements for Ted Fairfield Park that have already been constructed; and WHEREAS, upon its execution by authorized representatives of the City of Dublin and MSSH Dublin Development, LLC this amendment is intended to release MSSH Dublin Development, LLC from certain obligations under the Improvement Development Agreement dated September 5, 2000, as specified in this amendment; NOW, THEREFORE, the City of Dublin and MSSH Dublin Development, LLCl hereby agree as follows: ATTACHMENT 1 Definitions. The following definitions apply to this amendment: "Agreement" means the Improvement Development Agreement executed on September 5, 2000 between the City of Dublin and MSSH Dublin Development, LLC. b. "City" means the City of Dublin. "Constructed Improvements" means portions of the Improvements that have already been constructed. The Constructed Improvements consist of the play fields, picnic areas, volleyball court, basketball court, main walkway, and surrounding planting. The Constructed Improvements are delineated in Exhibit A, which is attached to and made a part of this amendment. "Delayed Improvements" means the 'portions of the Improvements that have not already been constructed. The Delayed Improvements include, but are not limited to, the portions of the plaza that are not already constructed, trellis, children's play area and landscape. The Delayed Improvements are delineated in Exhibit B, which is attached to and made a part of this amendment. e. "Developer" means MSSH Dublin Development, LLC. "Improvements" means the public improvements that the Agreement obligates the Developer to construct and dedicate as required by the development agreement between the City, the Developer, Centex Homes, Standard Pacific Corporation and MSSH Mayfield, LLC for the Dublin Ranch Phase I ,Project, in accordance with the plans and specifications prepared by Nuvis Landscape Architecture dated December 9, 1999 and approved by the City of Dublin on August 28, 2000 for Ted Fairfield Park (formerly Dublin Ranch Neighborhood Park). Effective Date. This amendment shall take effect on · ,2001. Release of Specified Developer Obligations. Because completion of the Improvements has been delayed by causes beyond the Developer's control, the Developer shall be released from certain specified obligations under the Agreement in accordance with the following: a. The time specified for completion of the Improvements in provision 1 of the Agreement shall not apply to the Delayed Improvements. However, the Developer will continue to construct the Delayed Improvements to the extent the work on the Dublin San Ramon Services District pump station does not interfere with construction of the Delayed Improvements. The City of Dublin Amendment 1 to September 5, 2000 Improvement Developer Agreement August 21,2001 Developer will complete the Delayed Improvements as soon as is reasonably possible. Failure by the Developer to continue to construct or to complete the Delayed Improvements in accordance with this provision shall be subject to any and all applicable remedies, including, but not limited to, those eStablished in provision 8 of the Agreement. Notwithstanding provision 9 of the Agreement, upon execution of this amendment and installation of any barriers or other safety devices required to protect the Delayed Improvements and the public in accordance with provision 10 of the Agreement, the Developer shall bear none of the risk related to use of the Constructed Improvements; except that: a) the Developer shall continue to be solely responsible for any use of the Constructed Improvements by employees or privities of the Developer and for any impacts on the Constructed Improvements caused by employees or privities of the Developer; and b) nothing in this provision 2 or this amendment shall waive, reduce or affect the obligations of the Developer or its sureties under provisions 3, 4, 5, 6, 8, 13, and 14 of the Agreement with respect to the Constructed Improvements. Notwithstanding any contrary provision, nothing in this provision 2 affects in any way the obligations of the Developer or its sureties under the Agreement with respect to the Delayed Improvements. C, Notwithstanding provision 10 of the Agreement, upon execution of this amendment and installation of any barriers or other safety devices required to protect the Delayed Improvements and the public in accordance with provision 10 of the Agreement, the Developer's obligations under provision 10 of the Agreement shall cease with respect to the Constructed Improvements. ? All Other Provisions of the Agreement Unchanged. Except as amended pursuant to this amendment, the Agreement and all of the parties' respective rights and obligations thereunder, expressly including, without limitation, the City's right to inspect and accept the Improvements, shall remain unchanged and in full force and effect. The City will accept the Improvements in their entirety in accordance with the Agreement. 5. Validity. The invalidity, in whole or in part, of any provision of this amendment shall not affect the validity of any other provision. IN WITNESS WHEREOF, the City of Dublin and MSSH Dublin Development, LLP have each caused these presents to be executed by duly authorized officials on the day and year first written above. City of Dublin Amendment 1 to September 5, 2000 Improvement Developer Agreement August 21, 2001 City of Dublin MSSH Dublin Development, LLP By: By: Its: Its: Attest: Kay Keck City Clerk Approved as to form: Elizabeth H. Silver City Attorney Exhibits: Exhibit A L Constructed Improvements Exhibit B - Delayed Items J :\wpd~Atty\Ewd\E HS\I 14~Agreements~001\FairfieldParkPartAccept.mod.doc City of Dublin Amendment 1 to September 5, 2000 Improvement Developer Agreement August 21, 2001 Exhibit A- Constructed Improvements ../