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HomeMy WebLinkAboutItem 4.15 TDA DubRchCITY CLERK FILE # 600-60 AGENDA STATEMENT CZTY COUNCZL MEETZNG DATE: June 19, 2001 SUBJECT: Amendment to Tract Developer Agreements, Tracts 6962, 6963 and 6964 (Dublin Ranch M-l, M-2, and M-3) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: Resolution Adopting the Amendments to Tract Developer Agreements for Tracts 6962, 6963 and 6964, together with three exhibits, each being an amendment to the Agreements with Standard Pacific Homes, for neighborhoods, M-1, M-2, and M-3 On-site tract improvement. RECOMMENDATION: Adopt resolution amending the Tract Developer Agreements for  Tracts 6962, 6963 and 6964. FINANCIAL STATEMENT: Standard Pacific HOmes has submitted performance and labor and materials bonds to guarantee construction of the on-site tract improvements for Dublin Ranch, Phase 1, Neighborhoods M-l, M-2 and M-3 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: Tracts 6962, 6963 and 6964 are located in the Eastern Dublin Specific Plan area and within Dublin Ranch, Phase I. The developments are generally bounded by Tassajara Road on the west, North Dublin Ranch Drive on the south, and an Open Space corridor on the north and east. Tract 6962 consists of 111 residential lots, Tract 6963 consists of 45 residential lots, and Tract 6964 consists of 123 residential lots. The Tract Developer Agreements with Standard Pacific Homes were approved by the City Council, for M-1 on May 4, 1999, M-2 on April 4, 1999 and on June 16, 1999 for M-3, and cover all of the on-site tract improvements associated with the development of these three neighborhoods includes street improvements, grading and utilities. All of the required fees, bonds, insurance certificates were submitted as required by the Tract Developer Agreements. COPIES TO: g:\develop\dubraneh\M-1 Std Pac~e\agst exten2 tdev agmt Doug Krah., Standard Pacific ITEM NO. Section 1 of the Tract Developer Agreement stipulates the time of completion of work to be within 365 days following the date of execution of the Agreement. The Developer is currently constructing the improvements required for the subdivision in accordance with the approved plans and specifications. Since the time limit for completion of the work has expired, the Developer has submitted a request to the City for extension of the time limit for completion to June 30, 2002, 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 shall remain in effect. The improvements for the three tracts are nearing completion, but are not ready for acceptance by the City Council. 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 orde~y completion of the public improvements being constructed by the Developer. In order to extend the time limit set by the Tract Developer Agreement, amendments to the Agreements are needed. These amendments will grant the Developer a time extension of up to June 30, 2002, to complete the remaining improvements. Staff recommends that the City Council adopt the resolution approving the amendments to the Tract Developer Agreements for Tracts 6962, 6963 and 6964. Page 2 RESOLUTION NO. - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE TRACT DEVELOPER AGREEMENTS FOR TRACT 6962, 6963, AND 6964 (DUBLIN RANCH, PHASE I - NEIGHBORItOOD M-l, M-2 AND M-3) WHEREAS, Standard Pacific Homes, a California Corporation, the Developer of Tracts 6962, 6963 and 6964 Dublin Ranch, Phase I, Neighborhoods M-1, M-2, and M-3 executed Tract Improvement Agreements (hereinafter referred to as Agreements) for M-1 on May 4, 1999; and M-2 on April 4, 1999, and for M-3 on June 16, 1999. 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, Neighborhoods M-l, M-2 and M23 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 June 30, 2002; 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", "B", and "C" for M-l, M-2 and M~3 of this resolution) to the Tract Development Agreements for Tract 6962, 6963, and 6964 Dublin Ranch, Phase 1, Neighborhoods M-l, M-2 and M-3 is hereby approved. PASSED, APPROVED AND ADOPTED this 19th day of June, 2001 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g.'~de~,elopXdub ranchUM-1 Std Paci~c Ireso amend tr dev agmt M~I EXHIBIT "A" OF RESOLUTION -2001 .AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR DUBLIN RANCH-PHASE I, TRACT 6962 (NEIGHBORHOOD M-I) BETWEEN CITY OF DUBLIN AND STANDARD PACIFIC HOMES WHEREAS, the City Of Dublin-(hereinafter referred to as "CITY") and Standard Pacific Homes' (hereinafter referred to as "DEVELOPER,"), entered into a Tract Developer Agreement (hereinafter referred to as AGREEMENT) on May 4, 1999; and WHEREAS, time limit for completion of' certain on-site and off-site improvements (hereinafter referred to as WORK)as set forth in the AiGRE. EMENT 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 ,. WHEREAS, tiffs Amendment hereby ineorp0rates by reference all terms ind 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. NOW, THEREFORE, the parties hereto agree as follows: Timing of completion of WORK is extended to June 30, 2002. CITY OF DUBLIN ATTEST: Mayor City Clerk STA PACIE C'HOMES . A 'n' . / G:\develop\dubranchXM1 reso amend 2 tdev agrmnt