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HomeMy WebLinkAboutItem 4.05 BrookfieldTDA Tr6956CTTY CLERK FILE # 600-60 AGENDA STATEMENT CI'TY COUNCZL MEETTNG DATE: July 3, 2001 SUBJECT: Amendment to Tract Developer Agreement, Tract 6956 (Dublin Ranch L-l); with Brookfield Chantemar, LLC, a California Corporation (Brookfield Homes), for On-Site Tract Improvements Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: Resolution Adopting the Amendment to Tract 6956, together with Exhibit A, being an amendment to the agreement with Brookfield Homes for on-site tract improvements to the Dublin Ranch L-1 neighborhood RECOMMENDATION: FINANCIAL STATEMENT: Adopt resolution approving the amendment to the Tract Developer Agreement for Tract 6956 Brookfield Chantemar, LLC, a California Corporation (Brookfield Homes) has submitted performance and labor and materials bonds to guarantee construction of the on-site tract improvements for Dublin' Ranch, Phase I, Neighborhood L-1, and has paid the cost associated with construction inspection. Once the improvements have been constructed and accepted, the City will incur maintenance costs for City-maintained improvements. DESCRIPTION: Tract 6956 is located in the Eastem Dublin Specific Plan area, northeasterly of North Dublin Ranch Drive and northerly of Oak Bluff Lane. Tract 6956 consists of 91 single-family residential lots. A Tract Developer Agreement with Brookfield Chantemar, LLC, a California Corporation (Brookfield Homes) is required with this project which covers all of the on-site tract improvements associated with the development of the L-1 Neighborhood, including street improvements, grading and utilities, landscaping and joint trench improvements. All of the required fees, bonds, insurance certificates were submitted as required by the Tract Developer Agreement. 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. COPIES TO: Daniel R. Moose, Brookfield Chantemar ITEM NO. G:\develop\dubranch\L1-brook~eld\agst amend tracdev Since the time limit for completion of the work is about to expire, extension of the time limit for completion needs to be extended until June 30, 2002. The Developer has submitted a letter from the surety certifying that the performance and labor and materials bonds will remain in effect through the proposed extension date. If the work is completed before the end of the new extension date and the tract is accepted by the City, the bonds can then be released. Staff recommends that the City Council adopt the resolution approving the amendment to the Tract Developer Agreement for Tract 6956. 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 6956 (DUBLIN RANCH, PHASE I - NEIGHBORHOOD L-l) WHEREAS, Brookfield Chantemar Homes, a California Corporation, the Developer of Tract 6956, Dublin Ranch, Phase I, Neighborhood L-l, executed a Tract Improvement Agreement (hereinafter referred to as Agreement) on May 16, 2000; 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, Neighborhood L-!, 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" of this resolution) to the Tract Development Agreement for Tract 6956, Dublin Ranch, Phase 1, Neighborhood L-1, is hereby approved. PASSED, APPROVED AND ADOPTED this 3rd day of July 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:ldevelopldub ranch~L-1 Brook~eM Ireso amend tr dev agmnt L-1 EXHIBIT "A" OF.RESOLUTION -2001 AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR DUBLIN RANCH-PHASE I, TRACT 6956 (NEIGHBORHOOD L-l) BETWEEN CITY OF DUBLIN AND BROOKFIELD HOMES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Brookfield Homes (hereinafter referred to as "DEVELOPER"), entered into a Tract Developer Agreement (hereinafter referred to as AGREEMENT) on May 16; 2000 and WHEREAS, 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 WHEREAS, 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 effecti and 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 Brookfield Homes A California CorpOration 8tcphon Lucas, Brookfield Chantemar t4~eLLC_ Date: G:\develop\dublinranchNL-I\reso exhtA mend to tract dev agmt