HomeMy WebLinkAboutItem 4.02 MSSH TDA 6925 C!'TY CLERK
#600-60
AGENDA STATEMENT
CZTY COUNCZL MEETZNG DATE: June 19, 2001
SUBJECT:'
Amendment to Tract Developer Agreement, Tract 6925
(Dublin Ranch Master Tract)
Report Prepared by: Lee S. Thompson, Public VForks Director
ATTACHMENTS:
Resolution Adopting the Amendment to Tract Developer Agreement
for Tract 6925, together with Exhibit "A", Agreement Amendment
with MSSH Dublin Development, LLC, for Tract Improvements
RECOMMENDATION: Adopt resolution amending the Tract Developer Agreement for
/~l[~Tract 6925
FINANCIAL STATEMENT:
MSSH Dublin Development, LLC, has submitted performance and
labor and materials bonds to guarantee construction of the onsite
tract improvements for Dublin Ranch Phase 1, and has paid the cost
of the associated construction inspection. Once improvements have
been constructed and accepted, the City will incur maintenance costs
for City-maintained improvements.
DESCRIPTION: Tract Map 6925 is located in the Eastern Dublin Specific Plan area,
and is the first (master) Final Map filed for Dublin Ranch Phase 1.
A Development Agreement with MSSH Dublin Development, LLC, was approved by the City Council
on July 14, 1999. As required by the conditions of approval and the Development Agreement, a Tract
Developer Agreement with MSSH Dublin Development, LLC, was approved by the City Council on
April 20, 1999, which covers the on-site and off-site tract improvements associated with the development.
The Development Agreement, among other requirements, specifies the timing of completion of the
improvements on Tassajara Road, construction of the Neighborhood Park and the private Recreation
Facility in L-3 Neighborhood. Additionally, Section 10fthe Tract Developer Agreement stipulates the
time of completion of work to be within 365 days following the date of execution of the Agreement.
Due to delays in acquisition of the right-of-way for Tassajara Road and weather-related issues, the
Developer has not been able to complete the improvements within the timelines specified in the above
agreements.
COPIES TO: Kevin Peters, MSSH Dublin Development (Shea Homes)
ITEM NO.
G:\develop\dubranchMMaster Tract 6925Nagst amend T-6925
The Developer is essentially complete with the in-tract improvements required for the subdivision in
accordance with the approved plans and specifications. Tassajara is now open to four lanes. The median
landscaping is presently in plancheck, with the actual work estimated to be completed in three months.
Work on the Neighborhood Park is going forward and is anticipated to be completed by July 2, 2001, with
the adjacent riparian corridor/channel expected to be completed by late September.
Since the time limit for completion of the work has expired, the Developer has submitted a request to the
City to extend the completion time to December 30, 2001, together with a letter from the surety certifying
that the performance and labor and materials bonds will remain in effect through the proposed extension,
or that new bonds and a certificate from the Developer' s insurer that the required insurance will remain in
effect. The City Engineer has reviewed the request, and has determined that it is in the best interests of
the City and the Developer to approve the request to ensure orderly completion of public improvements
being constructed by the Developer.
In order to extend the time limit set by the Tract Developer Agreement, an amendment to the Agreement
is needed. This amendment will grant the Developer a time extension up to December 30, 2001, to
complete the remaining improvements.
Staff recommends that the City Council adopt the resolution approving the amendment to the Tract
Developer Agreement for Tract 6925.
Page 2
RESOLUTION NO. - 01 .
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE
TRACT DEVELOPER AGREEMENT FOR TRACT 6925
(DUBLIN RANCH, PHASE 1)
WHEREAS, MSSH Dublin Development, LLC, the Developer of Tract 6925 Dublin Ranch,
Phase I, executed a Tract Developer Agreement (hereinafter referred to as Agreement) on April 6,
1999; and
WHEREAS, pursuant to the requirements of said Agreement, the Developer has submitted
the required bonds to guarantee construction of tract improvements for Dublin Ranch, Phase 1, Tract
6925, and has paid the costs of construction inspection; and
WHEREAS, the time limit for completion of tract improvements set by said Agreement has
expired; and
WHEREAS, the City Engineer has reviewed the Developer' s request for an extension of the
time limit for completion of tract improvements to December 30, 2001; and
WHEREAS, in order to extend the time limit set by the Agreement, an amendment to the
Agreement is needed,
NOW, THEREFORE, BE IT RESOLVED that the amendment (Exhibit "A" of this resolution)
to the Tract Developer Agreement for Tract 6925, Dublin Ranch, Phase 1, is hereby approved.
PASSED, APPROVED AND ADOPTED this 19th day of June, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g: lclevelop~dub ranch Imaster tractlreso amend tract 6925
EXHIBIT "A" OF'RESOLUTION
AMENDMENT TO TRACT DEVELOPER AGREEMENT
FOR DUBLIN RANCH-PHASE I, TRACT 6925 (DUBLIN RANCH)
BETWEEN CITY OF DUBLIN AND MSSH DUBLIN DEVELOPMENT, LLC
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and MSSH Dublin
Development, LLC (hereinafter referred to as "~DEVELOPER"), 'entered into a Tract Developer
Agreement (hereinafter referred to as AGREEMENT) on April 6, 1'999; and
~EREAS, time limit for completion of certain on-site and off-site improvements
(hereinafter referred to as WORK) as set forth in the AGREEMENT has expired, and the DEVELOPER
has submitted a request to extend the time limit for completion of said WORK;. and
WHEREAS, the City Engineer has reviewed the DEVELOPER's request, and determined
that, it is in the best interest of the City and the DEVELOPER to approve the request; and
WHEREAS, in order to extend the time limit set by the AGREEMENT, an amendment tO
the AGREEMENT is-needed; and "'
WItEREAS, this Amendment hereby incorporates by reference all terms and conditions
set forth in the AGREEMENT, and all terms and conditions which are not specifically modified by this
Amendment shall remain in full force and effect; and
NOW, THEREFORE, the parties hereto agree as follows:
Timing 'of completion of WORK is extended to December 30, 2001.
CITY OF DUBLIN
ATTEST:
Mayor
City Clerk
Dublin, LLC
". Liability. COmPanY
C 1 io ea ' ~
Date:
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