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STAFF REPORT C I T Y C L E R K
DUBLIN CITY COUNCIL File # ^~0~-~~
DATE: July 20, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJECT: Approval of the First Amendment to the Tract Improvement Agreement Parcel
Map 9827, Fallon Gateway.
Prepared By: Mark Lander, City Engineer
EXECUTIVE SUMMARY:
The Stanforth Holding Company, LLC and the City of Dublin previously entered into a Tract
Improvement Agreement for Parcel Map 9827, Fallon Gateway, dated December 9, 2009. The
Stanforth Holding Company has now executed and filed with the City of Dublin an amendment
to the Tract Improvement Agreement (First Amendment), Parcel Map 9827, Fallon Gateway to
include the Whiting-Turner Contracting Company. The Whiting-Turner Company has provided
bonds to secure the frontage improvements required under the original agreement.
FINANCIAL IMPACT:
There is no financial impact to the City by this Amendment to the Tract Improvement
Agreement.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving this First Amendment to
the Tract Improyement Agreement Parcel Map 9827, Fallon Gateway. ,
Submitted By
Public Works Director
Revie~ec~ By
Assistant Ci~Manaqer
Page 1 of 2 ITEM NO. ~•~
DESCRIPTION:
The Planning Commission adopted Resolution 18-09 on April 28, 2009 approving Site
Development Review for the Fallon Gateway commercial center located on the west side of
Fallon Road befinreen Dublin Boulevard and I-580. Parcel Map 9827 subdivides the 33.9-acre
area of Fallon Gateway into five parcels for future development with related easements.
The Developer, Stanforth Holding Company, LLC, and the City of Dublin previously entered into
a Tract Improvement Agreement, Parcel Map 9827, Fallon Gateway, dated December 4, 2009.
The agreement required public improvements in accordance with the Conditions of Approval for
the Tentative Map. Stanforth Holding Company provided to the City an easement deed
(dedicating development rights to applicable lands within Parcel Map 9827) in lieu of providing a
Performance Bond and a Labor and Materials Bond to guarantee construction of the
improvements. The easement deed is a form of security that is acceptable to the City within the
meaning of subdivision (a)(5) of Government Code section 66499 and permissible under Dublin
Municipal Code section 9.16.080.
The Stanforth Holding Company has now executed and filed with the City of Dublin an
amendment to the Tract Improvement Agreement, Parcel Map 9827, Fallon Gateway to include
the Whiting-Turner Contracting Company, the contractor who will be constructing the
improvements for the Stanforth Holding Company, LLC. The Whiting-Turner Company has
provided a Performance Bond and a Labor and Materials Bond furnished by the Developers
Surety and Indemnity Company (Bond No. 9010398) in the total amount of $755,000.00 to
guarantee construction of these improvements.
With these bonds the City can now reconvey the easement deed to the Stanforth Holding
Company. Under the terms of the original agreement, the easement deed can be relinquished
by the City Manager, and therefore no City Council action is required regarding the easement.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
No public noticing is required for this amendment to the Tract Improvement Agreement. A copy
of Staff Report will be sent to James Tong on behalf of Stanforth Holding Company.
ATTACHMENTS: 1. Resolution Approving the First Amendment to the Tract
Improvement Agreement Parcel Map 9827, Fallon
Gateway, together with Exhibit "A", Amendment to the
Agreement.
G:\DEVELOPMENT, PRIVATE\Dublin Ranch~Area B\Fallon Gateway\PM 9827\Staff Report First Amend Tr Imp Agree.doc
Page 2 of 2
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RESOLUTION NO. - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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~ APPROVING THE FIRST AMENDMENT TO THE
TRACT IMPROVEMENT AGREEMENT PARCEL MAP 9827, FALLON GATEWAY
WHEREAS, the Stanforth Holding Company, LLC and the City of Dublin previously
entered into an Tract Improvement Agreement Parcel Map 9827, Falton Gateway to satisfy
Conditions of Approval for Parcel Map 9827 included in the Dublin Community Development
Director Resolution No. 07-09 that requires the construction of frontage improvements; and
WHEREAS, the Stanforth Holding Company has executed and filed with the City of
Dublin an amendment to the Tract Improvement Agreement, Parcel Map 9827, Fallon Gateway
to include the Whiting-Turner Contracting Company with the "DEVELOPER"; and
WHEREAS, said Tract Improvement Agreement is secured b~r bond furnished by the ~
Developers Surety and Indemnity Company (Bond No. 9010398) in the total amount of
$755,000.00, and for the improvements, conditioned upon faithful perFormance of said
Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bond furnished by the
Developers Surety and Indemnity Company (Bond No. 9010398) in the total amount of
$755,000.00, and for the improvements, conditioned upon payment for labor perFormed or
material furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said amendment to the agreement and
bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the First Amendment to the Tract Improvement Agreement, Parcel Map 9827, Fallon
Gateway, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 20th day of July, 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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FIRST AMENDMENT TO
TRACT IMPROVEMENT AGREEMENT
PARCEL MAP 9827, FALLON GAT~WAY
THIS FIRST AMENDMENT TO THE TRACT IMPROVEMENT AGREEMENT
PARCEL MAP 9827, FALLON GATEWAY is made and entered in the City of Dublin on this
20th day of July, 2010, by and among the City of Dublin, a Municipal Corporation ("CITY"),
and Stanforth Holding Company, LLC (or their assignee), and Whiting-Turner Contracting
Company (Stanforth Holding Company and Whiting-Turner Contracting Company are referred
to collectively as "DEVELOPER").
I2ECITALS
A. City and Stanforth IIolding Company are parties to an agreement entitled Tract
Improvement Agreement Parcel Map 9827, Fallon Gateway, dated December 4, 2009 approved
by City Council Resolution No. 181- 09 on December 4, 2009.
I3. Whiting-Turner Contracting Company is a legal entity that Stanforth Holding
Company propose to use to construct the Improvements. Whiting-Turner Contracting Company
was not a party to the Agreement.
C. By this Amendment, the parties intend to include Whiting-Turner Contracting
Company as a party to the Agreement to authorize Whiting-Turner Contracting Company to
provide the security required by Section 6 of the Agreement.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the
mutual promises, obligations and covenants herein contained, City and Developer agree to
amend the Agreement as follows:
AGREEMENT
Section 1. Inclusion of Whiting-Turner Contracting Company as a Party. The term
"DEVELOPER" as used in the Agreement shall be deemed to refer to both Stanforth Holding
Company and Whiting-Turner Contracting Company.
[EXECUTION PAGE FOLLOWS]
First Amendment to Tract Improvement Agreement Page 1 of 2
Parcel Map 9827, Fallon Gateway
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date and year first above written.
CITY OF DUBLIN
By:
Tim Sbranti, Mayor
Date:
ATTEST:
By:
Caroline Soto, City Clerk
Date:
Approved as to Form:
John Balcker, City Attorney
DEVELOPER
S A O~ TH HOLDING COMPANY, LLC.
J~r~e
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Date: ~G_ y~~~
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WHITING-TURNER CONTRA~TING
COMPA~IY
Date: ~~ ~ /~7
First Amendment to Tract Improvement Agreement Page 2 of 2
Parcel Map 9827, Fallon Gateway