HomeMy WebLinkAboutItem 3.4 Consent Release Agreement Tract 4668 (2) J
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 25, 1984
SUBJECT: Consent and Release Agreement from Tract
4668 for Signalization at Alcosta
Boulevard and San Ramon Road
EXHIBITS ATTACHED: 1 . Letter from Van Voorhis & Skaggs
2 . , Consent and Release Agreement
3 . Draft Resolution
RECOMMENDATION: ftpr Adopt Resolution approving Consent
and Release Agreement
FINANCIAL STATEMENT: City will receive $25, 000 toward the
Alcosta/San Ramon signal and will be
able to invest this money to help offset
the construction inflation costs .
DESCRIPTION: When Tract 4668 (Woodhill ) was
originally approved, the County accepted a $25, 000
Certificate of Deposit to cover the condition that Woodhill
contribute 1/4 the cost of the signal at Alcosta Boulevard
and San Ramon Road.
This Certificate of Deposit has matured and the developer
has asked for City approval for renewal .
Staff told the developer that he would be required to
increase the security or pay the $25, 000 to the City as the
estimated cost of the signal has inflated to $120, 000 from
$100 , 000 and continues to inflate with time .
This agreement was prepared by the developer ' s attorney as a
release of the developer from the condition in exchange for
payment of $25, 000 toward the cost of the signal .
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ITEM NO. �. COPIES TO:
V. 1 VOORHIS & SKAGGS
Atiorneys at Law
A partnership inrludini; a profi,csi<vinl rurpuratiun
SA4FORD M.SKAGGS• DANIEI.VAN VOORHIS*
PALMFR BROWN MADDEN Flagg I'la7a - T herd Floor JOHN A.NEJEDLY
GILBERT C,BERKELEY,JR 1855 Olympic Boulevard TIIOMAS VAN VOORHIS
STEPHEN L.KOSTKA Post Officc fail\ V DANIEL J.CURTIS,JR,
lII LI.F.RY BOLT
Walnut Creek, California 94590-1270 ofCounul
JAMES B.ELLIS
DAVID A.GOLD June 11, 1984
NISI 937-9(KK10
PATRICIA M.KELLY
ALVIN J.KNUDSON
Trtrrnpirr:
MARIA P.RIVERA
I4I51937 4004
LUCINDA C.SCOTT
BRUCE S.SINGER
LAWRENCE E.SMITH
G.WILLIAM SNIPES
'A prufniionat rorpnroliun
Mr. Lee Thompson
City Engineer
. City of Dublin
P.O. Box 2340
Dublin, CA 94568
Re : Cost of Signalization at Alcosta Blvd. and San Ramon Rd.
Our File No. 1302 . 34
Dear Lee :
Enclosed for review and execution by the proper official of
the City of Dublin is an original and two copies of a Consent
and Release Agreement pertaining to the traffic signalization
cost contribution imposed as a condition of approval of the
tentative map covering Tract 4668 , now located within the City
of Dublin.
The enclosed document reflects the understandings reached be-
tween our client, RWC California Company, dba Woodhill
Development Company, and yourself regarding a waiver by the
City of Section 32 of the February 19 , 1980 Conditions of
Approval for the subdivision in exchange for payment of $25 , 000
to the City of Dublin at this time. As I mentioned to you in
our telephone conversation of June 8 , 1984 , Mr. Ray Burnham
of the Alameda County Department of Public Works has verbally
agreed that the County will execute this Release and endorse
the original Certificate of Deposit in order that our client
can proceed to disburse the $25 , 000 to the City of Dublin.
In our conversation you mentioned that it may be necessary for
this Consent and Release Agreement to be reviewed at a City
Council meeting. You mentioned that the next meeting of the
City Council would be June 25 , 1984 , and that either the City
i
Mr. Lee Thompson
June 11, 1984
Page 2
Manager or the Mayor would most likely execute the Agreement.
Once the document is executed, please return the original and
the two counterparts in the enclosed self-addressed, stamped
envelope for my further handling with Alameda County, Santa
Barbara Savings, and our client. Thereafter, a fully executed
copy of this Consent and Release Agreement will be forwarded
to your attention, together with a check payable to the City
of Dublin in the sum of $25 ; 000 .
Thank you for your continuing cooperation in this matter.
Very truly yours, . .,
David A. Gold
DAG:yc
enclosure
cc : Thomas Van Voorhis
Ray Burnham
Lee Babbitt
. f
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CONSENT AND RELEASE AGREEMENT
This Consent and Release Agreement (the "Agreement") is
made and entered into by and between RWC California Company,
a California corporation, dba Woodhill Development Company
("Woodhill") , Santa Barbara Savings and Loan Association, a
California corporation ("Owner" ) , the Alameda County Public
Works Agency, on behalf of the County of Alameda ("County")
and the City of Dublin, a municipal corporation ("City" ) .
RECITALS
A. Owner is the owner of certain real property
described as Tract 4668 located in the City of Dublin in the
County of Alameda ("Tract 4668") .
B. At the time Owner and Woodhill sought approval by
County of a tentative subdivision map for Tract 4668
(formerly Tract 4413) , the Alameda County Planning Commis-
sion approved the filing of such map subject to certain con-
ditions set forth in that Conditions of Approval dated
February 19 , 1980. A copy of the Conditions of Approval is
attached hereto as Exhibit A and incorporated herein by this
reference (the "Conditions of Approval") .
C. Section 32 of the Conditions of Approval provides
as follows:
Subdivider shall contribute one-fourth (1/4) of the
cost of signalization at Alcosta Boulevard and San
Ramon Road, with appropriate timing and guarantee
in a manner to be approved by the Director of
Public Works prior to filing a Final Map.
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D. In partial compliance with Section 32 of the
Conditions of Approval, Woodhill obtained and furnished unto
County a Time Certificate of Deposit (the "Certificate of
Deposit") issued by Diablo State Bank dated April 14 , 1981,
providing for payment in the principal sum of Twenty-Five
Thousand Dollars ($25 ,000) unto the Alameda County Director
of Public Works as Trustee.
E. On February 1, 1982, the City became an incor-
porated municipality and Tract 4668 became a portion
thereof. As a result of Tract 4668 being located within the
City, the City currently has jurisdiction over enforcement
of the Conditions of Approval.
F. Woodhill and Owner desire to be released from their
obligations pursuant to Section 32 of the Conditions of
Approval prior to an actual determination of the cost of
signalization and the City is willing to accommodate this
request.
In consideration of the premises and mutual covenants
hereinafter set forth, the parties hereto agree as follows :
1. County acknowledges and agrees that as a result of
the City becoming an incorporated municipality and Tract
4668 being located therein, all its rights and claims
against Woodhill and Owner , as set forth in Section 32 of
the Conditions of Approval, enure to the benefit of City and
are no longer enforceable by County. County consents to the
332-8406 -2-
payment by Woodhill directly unto City of the principal sum
of the Certificate of Deposit and expressly waives any and
all rights or claims against Woodhill and Owner in connec-
tion with the obligations set forth in Section 32 of the
Conditions of Approval.
2 . County agrees as trustee on the Certificate of
Deposit, to endorse the original Certificate of Deposit and
deliver same to Woodhill within five (5) days of the execu-
tion .of this Agreement.
3. Upon receipt of the endorsed original Certificate
of Deposit from County, Woodhill agrees to instruct Diablo
State Bank to issue a Cashiers Check or similar instrument
made payable to the City of Dublin in the sum of Twenty-Five
Thousand Dollars ($25,000) , the principal sum of the
Certificate of Deposit.
4. City agrees that payment upon the terms described
in Section 3 above shall constitute a full satisfaction and
release of the obligations and duties of Woodhill and Owner
pursuant to Section 32 of the Conditions of Approval. City
specifically acknowledges and agrees that such payment shall
unconditionally relieve Woodhill and Owner of any further
monetary obligations thereunder , irrespective of whether the
monies actually expended by the City for the signalization
at Alcosta Boulevard and San Ramon Road exceeds One Hundred
Thousand Dollars ($100,000) .
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5. County and City warrant and represent that the
Conditions of Approval set forth the entire agreement be-
tween the parties with respect to the monetary contribution
of Woodhill and Owner for the signalization at Alcosta
Boulevard and San Ramon Road.
6 . County and City agree to and do indemnify and hold
Woodhill and Owner harmless against any liability, claims,
causes of action or costs , including reasonable attorneys '
fees which may arise in connection with the payment to City
of the principal amount of the Certificate of Deposit upon
the terms and conditions of this Agreement.
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7 . This Agreement shall enure to the benefit of and be
binding upon the successors , assigns, and subsequent pur-
chasers of the parties hereto.
Executed this day of 1984.
RWC CALIFORNIA COMPANY,
a California corporation dba
WOODHILL DEVELOPMENT COMPANY
By:
SANTA BARBARA SAVINGS AND LOAN
ASSOCIATION, a California
corporation
By:
COUNTY OF ALAMEDA
By:
H. A. Flertzheim, Jr.
Director of Public Works
Agency
Ex-Officio County Surveyor
CITY OF DUBLIN
By:
DAG:cg-A
A.CON/l
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EXHIBIT A
EXHIBIT C .�
CON[)1T1ONS OF- /',['1'J%
TENTATIVE MAIL, TR- :1' 4413
Alarnt-da County Planning ornrnission '(+i
February 19, 19SCi
1. The dt sii;n and improvements of Tract 4413 shall br• in conformance with Ilse
design and irnprovemenls indicated graphic�dly or by statement on the face of
the• map )ril Iled Exhibit B, Tract 4413, includinf, sir(.-ti locations, gradr_s, ali�rr
r7 enis, and widths, the design and storm d; ainagc fric-ilities inside and outside
the Tract, grading of lots, the boundaries of the T'act, and County standrrd,. for
roi-rdways shown in typical sections.
2. The street surfacing shall be asphalt concrete paving. The Director of PUbllc
Works sli,:dl specify types of base materials to bc• usec' and shall spxcify 1hC siruc-
rural design. The subdivider may, at his sole ex[n•nse, make iosts of the soil over
which the surfacing and base is to be constructed and fu;nish the test rep >rts
to the Director of,Public works for use in deterrrrining a preliminary structural
design of the road bed. After rough grading has been completed, the Dire•cicir
of Public Forks shall have tests performed to determine the final d<,sign of tine
road bed.
3. The minimum uniform gradient shall be 0.3 percent.
4. Where easements are not obtained, rights of.entry shall be acquired by th;: subdivider
in wf'tten form, originals or which are to be furnished the Director of Public works
from the adjoining property owners for the improvement of drainageways outside
of the tract boundary.
5. Prior to final preparation of the subgrade and placement of base materials, all
underground utility mains shall be installed and service connections or exterisions
are made.
6. Precise plans and specifications for street improvements, grading, drainage, and
erosion control, street grades and drainage, including sizes and types of drainage,
structures, shall be subject to the approval of the Director of Public Works.
Drainage plans shall take into account ACFCR'CD recornrnendations fcr t!i tra-t crr,::irr�
in the corr,rrrunication dated December 11, 1979, on file with Alameda County
Planning Department.
7. The subdivider shall grade the tract, install soil erosion and siltation control mea-
sures, and improve all streets and easements, as shown hereon, or shall contract
with the County of Alameda to accomplish said irrnprovernents. Said contract
shall be guaranteed by a faithful performance, Jabor and materials bond insuring
to the County of Alameda in an amount equal to 100% and 50%, respectively,
to cover estimated costs of improvements. Streets covered by said contract shall
have interim private street approval until completion.
S. The subdivider shall pay to the County of Alameda the actual costs of checking
the plans, specifications and easements, inspections of work and investigations �
incidential thereto.
9. The subdivider shall install street name signs and traffic safety signs in accordance
with the standards of Alameda County.
10. Prior to filing the Final Map, street names for the subdivision shall be approved
by the Planning Director.
11. .Install street light standards and luminaires of the design and at the locations
approved by the Director of Public Works. Apply to annex this subdivision to
an existing County Service Area, or to establish a new County Service Area, to
provide street lighting service. Apply to L AFC for this purpose prior to submitting
the final wrap to the Director of Public Work-5 for checking.
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Tract 4413
• �,c � hr c•e
22. Developer shall schedule oltrlai s �� grading, sairtn r 1 of
facilities and erosion con p �tsw completed potoOctobe
No bddthe Di rector
15 of PubliceW ks�ber l and Marc
any year of construction.
15 except as may be approved y
23. Any water well, cathodic protection well, or exploratory boring that is shown
on the map, is known to exist, is prop d°Sbackfiled�ortma�tained in aocordanceeld
operations must be properly destroye ,
with applicable groundv ater protection ordinances. Zone 7 should be contacted
at 443-9300 for additional information.
24. An encroachment permit shall be obtained ommencemenI ofoanyywolrk w thintrol
and 'Water Conservation District prior to c
District right-of-way and for the construction, modification, connection rs shall
Districtmaintained facilities. All workmanship, equipment,
conform to District standards and specifications.
25.
Prior to filing a Final Map, a Landscape Plan for slopes, creek crossings,vedb�the entry
areas, prepared r a aidiPlaned all in lude designation i , of shall
location and variety
Planning Director. S
of minimum 15-gallon size trees to be planted at least one per lot throughout
the subdivision.
26. Prior to filing a Final Map, a.detailed horticultural report of trees to be preserved
shall be approved by the Planning include an evaluation ion ofttheacondition ofed trees,
Landscape Architect and sl�alJ
measures recommended to s�`�tio� and other measures
all measures
to protect frees during co be amended by the Planning
re as may cominended in the horticultural report, )'
Director, and the bond referred to in condition 7 shall so provide.
27.
Prior to filing, the Final Map, proposed deed restrictions shall be approved by the
planning Direr tor. Said restrictions thelcreekdar,eaubelow b her limit of grading lions
against: (1) earthmovrng (grading) placement of obstructions or debris
as'shown on the specific grading plan; and (2) p �''
written pproval of the Alameda County Flood
in the waterway without prior
Control an Ikater Conservation District.
28. Trash, construction debris or materials shall not be allowed in the creek areas
during any phase of the project
29, if during construcion, archaeological aeolo remains
consulted and encountered,
the County Planning
the vicinity shall be halted, an archaeologist
Department notified. if in the opinioplannine Director,shallhbertaken to protrectf significant,
measures, as may be required by the g
them.
30. Subdivider shall enter into an agreement with e constructed d in accordance with PG&E sy
requiring that any home within th
Premium "Energy Conservation Home Program". Said agreement shall be made g
binding on each and every lot in the tract.
3 bdivision shall pay fees in lieu of park dedication to D oflland inRthe tract riCCS red
"i - istrict based on the value of the number of squar
L.&eby the Subdivision Ordinance.
2. Subdivider shall contribute Y. the cost of signadli uatrantee in aomanHnerlto be pproved
t;
San Ramon Road, with appropriate timing g
by the Director of Public Works prior to filing a Final Map.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE CONSENT AND RELEASE AGREEMENT FOR CONTRIBUTION TO
THE ALCOSTA/SAN RAMON TRAFFIC SIGNAL
WHEREAS, As a condition of approval for Tract 4413 (now
4668 ) on February 19 , 1980 the subdivider was to contribute one
fourth of the cost of signalization at Alcosta Boulevard and San
Ramon Road; and
WHEREAS, Alameda County established this amount to be
$25, 000 and accepted security for this $25, 000 ; and
WHEREAS, the security (a Time Certificate of Deposit)
has now matured; and
WHEREAS, the cost estimate of the signal installation
has increased over time because of monetary inflation; and
WHEREAS, it is in the best interest of the City of
Dublin to accept the $25, 000 and invest it to offset the inflation
reduction of the fixed $25, 000 .
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City
Council does hereby approve the "Consent and Release" agreement
and accept $25, 000 for future signalization of the Alcosta
Boulevard/San Ramon Road traffic signal and does hereby authorize
the Mayor of the City of Dublin to sign the agreement on behalf of
the City
PASSED, APPROVED AND ADOPTED this th day of
1984 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
DP 83-20