HomeMy WebLinkAbout8.2 AmendDBXX AgreementCITY OF DUBLIN
AGENDA STATEMENT
SUBJECT:
CITY COUNCIL MEETING DATE: December 9, 1991
Amendment to Agreement Dated March 11, 1991, Between Dublin,
Pleasanton, Alameda County, and the Surplus Property
Authority of Alameda County Regarding Construction of a Two-
Lane Access Road Parallel to I-580
Report by Public Works Director Lee Thompson
EXHIBITS ATTACHED: 1) Resolution
2) Amendment to Agreement
3) Existing Agreement
RECOMMENDATION: l~. dopt resolution approving amendment to agreement
FINANCIAL STATEMENT: No additional cost to City
DESCRIPTION: In order to finance and construct a road connection between
Dougherty Road and Tassajara Road in Dublin, the Cities of Pleasanton and Dublin,
Alameda County, and the Surplus Property Authority of Alameda County entered into a
four-party agreement in March of 1991. This road will serve as a connection to the
easterly expansion of Dublin, as a connector road to and through Alameda County's
lands, and as a frontage road to 1-580.
The agreement defined certain roadway alignments and the responsibilities of each of
the four entities in the construction of the project.
The segment of the east-west road between the Hacienda Drive Extension and Tassajara
Road will run through the old Army hospital. These old buildings contain asbestos
materials which must be abated prior to demolition. Since this is a costly
operation, Alameda County has requested that two lanes of Dublin Boulevard be
constructed on its ultimate alignment in lieu of the two-lane access road for the
road segment between Hacienda Drive and Tassajara Road.
In addition, the alignment contained in the agreement was based on a study by the
County for preferred access through their property. Since then, the General Plan
Amendment study for eastern Dublin, which is underway, has refined the land uses,
and the plan on which the environmental review for the eastern Dublin General Plan
Amendment is based shows the road approximately 400 feet to the south.
The proposed revised alignment, though not a straight continuous road, still serves
to connect the eastern planning area with central developed Dublin. It is no
greater expense to Pleasanton, and the City of Dublin is still eligible to use
SB3OO/SB140 funds to match Pleasanton's contribution.
The alignment of the northerly segment of the two-lane road as it connects to
Hacienda Drive is expected to be extended easterly as part of Alameda County's
development of their property, and this road would become the transportation spine
as preliminarily indicated on the latest Eastern Planning Area General Plan Study.
The lower segment (Dublin Boulevard) is expected to be extended westerly in the
future to connect back to the Dublin Boulevard Extension, either within or just to
the east of the Camp Parks property.
As the City and the other parties are moving toward construction of these roads
beginning in Mar~h or April of 1992, the agreement needs to be amended to reflect
the new alignments. The changes included in this amendment have been transmitted to
representatives of Alameda County and Pleasanton, whose respective governing bodies
have been requested to approve the amendment.
CEQA compliance is not required for the amendment to the agreement; however, before
the City of Pleasanton can proceed, Dublin will be required to comply with CEQA.
Staff recommends that the City Council adopt the resolution approving the amendment
to the agreement and authorizing the Mayor to sign it.
a:(dbx)~agenda~amndagrt
ITEM NO. ~ COPIES TO:
George Homolka, Pleasanton
Marian Breitbart, Alameda Co.
I I ;I oloH--
RESOLUTION NO. -91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT DATED MARCH 11, 1991
BETWEEN DUBLIN, PLEASANTON, ALAMEDA COUNTY, AND THE SURPLUS
PROPERTY AUTHORITY OF ALAMEDA COUNTY REGARDING CONSTRUCTION OF
CERTAIN ROADWAY IMPROVEMENTS
WHEREAS, on March 25, 1991, the City Council approved an agreement
between Pleasanton, Dublin, Alameda County, and the Surplus Property Authority of
Alameda County regarding construction of a two-lane access road parallel to
Interstate 580; and
WHEREAS, Paragraph "K" and Exhibit "D" of said agreement identified an
alignment for said two-lane access road; and
WHEREAS, the parties to the agreement have agreed that the alignment
should be altered as shown in Revised Paragraph K and Revised Exhibit D attached
hereto;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin hereby approves the amendment to the agreement in the form attached hereto as
"Exhibit A" and authorizes the Mayor to execute the amendment.
PASSED, APPROVED AND ADOPTED this 9th day of December, 1991.
AYES:
NOES:
ABSENT:
Mayor
ATTEST'
City Clerk
a:(dbx)~agenda~resoagrt
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN,
THE CITY OF PLEASANTON, THE GOUNTY OF ALAMEDA, AND THE SURPLUS PROPERTY AUTHORITY
REGARDING CONSTRUCTION OF
CERTAIN ~OADWAY IMPROVEMENTS
WHEREAS, the CITY OF PLEASANTON, the CITY OF DUBLIN, the COUNTY OF ALAMEDA,
and the SURPLUS PROPERTY AUTHORITY of Alameda County are parties to an agreement
entitled "AGREEMENT BETWEEN THE CITY OF DUBLIN, THE CITY OF PLEASANTON, THE COUNTY
OF ALAMEDA AND THE SURPLUS PROPERTY AUTHORITY REGARDING CONSTRUCTION OF CERTAIN
ROADWAY IMPROVEMENTS," (the "AGREEMENT"), which is dated March 11, 1991, and
WHEREAS, the parties to the AGREEMENT agree to amend the AGREEMENT as follows:
1. Delete Paragraph K from "DEFINITIONS" on Page 3 and replace it with a
new Paragraph K "DEFINITIONS" to read as follows:
"K. TWO LANE ACCESS ROAD shall mean the two-lane access road from the west
side of the Southern Pacific Railroad right-of-way east to the HACIENDA DRIVE
EXTENSION and along the future extension of Dublin Boulevard, as depicted in
the Ci¢? of Dublin's General Plan, between the HACIENDA DRIVE EXTENSION and
Tassajara Road, including a bridge over Tassajara Creek, all as schematically
shown on ~xhibit D."
2. Delete ~xhibit D and replace it with a new ~xhibit D in the form
attached hereto.
3. Dele%e Paragraph 5(e) on Page 10 and replace it with a new Paragraph
5(e) to read as follows:
"The riEht-of-wa? required to be dedicated pursuant to subsection (a} of ~his
paragraph shall be at least fifty-five (55} feet wide and shall be in a form and
location satisfactory to DUBLIN. PLEASANTON shall prepare the legal description for
such right-of-wa? no la,er than February 29, 1992. DUBLIN agrees to accept such
riEht-of-~ay for public street purposes."
Except as expressly amended herein, the AGREEMENT shall remain in full force
and effect.
CITY OF DUBLIN
Dated:
Approved as to form:
Mayor
Attest:
City Attorney
Dated:
Approved as to form:
City Clerk
CITY OF PLEASANTON
Mayor
Attest:
City Attorney
Dated:
Approved as to form:
City Clerk
COUNTY OF ALAMEDA
President of the Board
Attest:
County Counsel
Dated:
Approved as to f~rm:
Clerk of the Board
COUNTY OF ALAMEDA
SURPLUS PROPERTY AUTHORITY
President
Attest:
D IJ II LIN
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1991
ATI'ORN£¥
DATE: March 127 199~
City of Pleasanton
200 Old Bernal Avenue
P. O. Box 520
Pleasanton, CA 94560-0802
ATTN: Michael Roush
RE: CONTRACT ~ C-91-270 :FILE ~_5573
Gentlemen:
The Board of Supervisors, County of Alameda, State of California
approved and executed the above numbered Contract on the above date·
[ ] We retained the original Contract for the Board's file and
forwarded copies to the Auditor-Controller and the applicable
county department.
[ ] We retained the original Contract for the Board's file and
forwarded one copy to the Auditor-Controller. All remaining
copies are herewith returned to your Department for distribution.
[ } We retained the original Contract and are returning all
remaining copies to you for distribution.
IX] We are returning all copies of the unsigned Contract to you.
When the Contract is fully executed, please send the original to
the Clerk, Board of Supervisors and one copy to the. Alameda
County AuditorIC°ntr°ller'
PLEASE SER~ THE ORIGINAL & 2 COPIES BACK TO THE CLERK, BOARD OF
SUPERVISORS AFTER SIGNING.
WM/yfc/rgc
Enclosure(a)
Very truly youra,
cc: County Auditor-Controller
Department /CAO
0959B
AGREEMENT BETWEEN THE CITY OF DUBLIN,
THE CITY OF PLEASANTON, THE COUNTY OF ALAMEDA
AND THE S%SLPLUS PROPERTY AUTHORITY
REGARDING CONSTRUCTION OF CERTAIN ROADWAY IMPROVEMENTS
THIS AGREEMENT, dated for identification this llth day of
March, 1991, between the CITY OF PLEASANTON (PLEASANTON), a
Municipal Corporation, the CITY OF DUBLIN (DUBLIN), a Municipal
Corporation, the COUNTY OF ALAMEDA (COUNTY), a political
subdivision of the State of California, and the SURPLUS PROPERTY
AUTHORITY of Alameda County, a public corporation.
DEFINITIONS
For purposes of this Agreement, the following definitions
shall apply:
A. BART/DUBL~NAGREEMENT shall mean the SETTLEMENT AGREEMENT
AND RELEASE, between DUBLIN and The San Francisco Bay Area Rapid
Transit District (BART), dated March 27, 1990.
B. CALTRANS
Transportation-
shall mean the
California Department of
C. COSTS OF CONSTRUCTION shall mean pLEASANTON's costs for
design and construction of the TWO LANE ACCESS ROAD and the
HACIENDA DRIVE EXTENSION- PLEASANTON's costs shall be determined
114\agree\npi df i nl. ehs
page 1 of 25
February 22, 1991
EXHIBIT
'in the manner set
incorporated herein.
forth in Exhibit A,
attached hereto and
D. COUNTY PROPERTY, commonly known as the Dublin-Pleasanton
transportation corridor, shall mean the approximate easterly 50
feet of the former Southern Pacific Railroad right-of-way owned by
COUNTY, as described and shown in Exhibits B-1 and B-Z, attached
hereto and incorporated herein.
E. DUBLIN BOULEVARD EXTENSION shall mean the extension of
Dublin Boulevard from Dougherty Road east to the west side of the
Southern Pacific Railroad right-of-way, as a two-lane road in the
general location designated by DUBLIN Ord. No. 12-88, adopting a
right-of-waY line. The specific location of the two-lane road is
shown on Exhibit C, attached hereto and incorporated herein.
F. FHWA
Administration.
shall mean the United States Federal Highway
G. HACIENDA DRIVE EXTENSION shall mean that portion of
Hacienda Drive to be constructed from Interstate 580 north to the
TWO LANE ACCESS ROAD, in the area shown on Exhibit D, attached
hereto and incorporated herein.
H. NPID ~3 shall mean the North Pleasanton
District #3, as established by the city of Pleasanton.
Improvement
February 22, 1991
11&\agree\npidf~nl.ehs Page 2 of 25
I. SANTA RITA PROPERTY shall mean the approximate 600-acre
parcel of property owned by SURPLUS PROPERTY AUTHORITY, as
described and shown in ~xhibits E-1 and E-%, attached hereto and
incorporated herein.
j. SURPLUS PROPERTY AUTHORITY shall mean the SURPLUS
PROPERTY AUTHORITY of the County of Alameda, a public corporation
created pursuant to Government code §§ 40500 et seq.
K. TWO LANE ACCESS ROAD shall mean the two lane access road~
/ from the west side ofthe sOuthern Pacific RailrOad right-Of-way_
~east to Tassajara Road, as designated by DUBLIN by Ord. Nos. 7-90
and 12-90, adopting a right-of-way line, and a bridge over
Tassajara Creek, in the area shown on Exhibit D.
RECITALS
A. DUBLIN has initiated a general plan amendment and
specific plan study of the approximate 7400 acres east of the
Southern Pacific Railroad right-of-way, which includes SANTA RITA
PROPERTY. COUNTY has contributed towards the costs of preparation
of the general plan and specific plan studies. DUBLIN, COUNTY and
SURPLUS PROPERTY AUTHORITY are desirous of completing the general
plan amendment and specific plan studies, together with the
environmen%al impact report on such documents, as expeditiously as
possible. DUBLIN has been processing the studies as expeditiously
February 22, 1991
114\agree\npidfinl.ehs Page 3 of 25
as possible and will continue to do so, with a goal of completion
of such studies and environmental impact report by the end of 1991.
B. The FHWA has required that the proposed interchange at
Hacienda Drive/I-5$0 cannot be opened until a street connection is
constructed between Dougherty Road and Tassajara Road in DUBLIN.
The proposed interchange at Hacienda Drive/I-580 will benefit
property in PLEASANTON located within NPID #3 and will benefit
property within DUBLIN's planning area east of the Southern pacific
Railroad right-of-way- The TWO LANE ACCESS ROAD, together with
construction of the DUBLIN BOULEVARD EXTENSION and HACIENDA DRIVE
EXTENSION, satisfies the FHWA's requirement for a street
connection.
C. SURPLUS PROPERTY AUTHORITY owns property where portions
of the TWO LANE ACCESS ROAD and HACIENDA DRIVE EXTENSION are to be
constructed.
D. COUNTY owns property where portions of the TWO LANE
ACCESS ROAD are to be constructed.
E. The SURPLUS PROPERTY AUTHORITY may develop or sell all
or part of the SANTA RITA PROPERTY. The construction of the TWO
LANE ACCESS ROAD and the HACIENDA DRIVE EXTENSION will provide
access to SANTA RITA PROPERTY.
February 22, 1991
114\agree\np~df~nl.ehs Page 4 of 25
F. Substantial infrastructure improvements will be required
for development of the SANTA RITA PROPERTY and the approximate 7400
acres in DUBLIN's extended planning area. Although the nature and
extent of such infrastructure improvements is not presently known,
DUBLIN anticipates that it will use the proceeds of assessments,
special taxes, exactions and/or fees or any bonds secured by such
assessments, special taxes, exactions or fees imposed on property
east of Dougherty Road, including SANTA RITA PROPERTY, to pay for
such infrastructure improvements. Any such assessments, special
taxes, exactions and/or fees will be assessed in an equitable
manner against property east of Dougherty Road, including SANTA
RITA PROPERTY, in accordance with statutory and constitutional
requirements regarding benefits received which are applicable to
the imposition of such assessments, special taxes, exactions and/or
fees.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and acts
described herein, the parties agree as follows:
Recitals.
The foregoing recitals are true and correct and are part
of this Agreement.
February 22, 1991
114\agree\r~df~n{.ehs Page 5 of 25
2. Environmental Clearance.
It is recognized and agreed that, pursuant to § 15051 of
the State CEQA Guidelines, DUBLIN is the lead agency for
construction of the TWO LANE ACCESS ROAD, HACIENDA DRIVE EXTENSION
and DUBLIN BOULEVARD EXTENSION. Prior to DUBLIN and PLEASANTON
awarding contracts for construction, DUBLIN shall prepare and
certify whatever environmental documents are required by the
California Environmental Quality Act (CEQA) for construction of the
TWO LANE ACCESS ROAD, HACIENDA DRIVE EXTENSION and DUBLIN BOULEVARD
EXTENSION·
Desi n and Construction b Pleasanton--~O LANE ACCESS
ROAD and HACIENDA DRIVE EXTENSION.
(a) PLEASANTON shall design and construct the TWO LANE
ACCESS ROAD and the HACIENDA DRIVE EXTENSION. In designing the TWO
LANE ACCESS ROAD, PLEASANTON shall coordinate the contract plans
and specifications to conform with construction of DUBLIN BOULEVARD
EXTENSION by DUBLIN.
(b) Both the TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION shall be designed in accordance with DUBLIN's Standard
Plans for streets and CALTRANS' Standard Specifications (Jan.
1988), as modified by Exhibit F, attached hereto and incorporated
herein. The design for the TWO LANE ACCESS ROAD and the HACIENDA
!
DRIVE EXTENSION, including plans, specifications and engineer s
February 22, 1991
114\agree\np~df~n{.ehs Page 6 of 25
estimates of costs, shall be submitted to and approved by DUBLIN
in writing, prior to PLEASANTON proceeding with construction.
(c) PLEASANTON shall construct the TWO LANE ACCESS ROAD
and the HACIENDA DRIVE EXTENSION in accordance with the plans and
specifications approved by DUBLIN and in compliance with any
applicable requirements of the Negative Declaration or
Environmental Impact Report approved by DUBLIN for such
construction.
(d) DUBLIN shall provide inspection services for the
construction of the TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION. PLEASANTON shall reimburse DUBLIN for DUBLIN's costs
of inspection up to 5% of the final construction costs.
(e) PLEASANTON may contract with others for the design
of the TWO LANE ACCESS ROAD and the EXTENSION OF HACIENDA DRIVE.
(f) Following public bidding, PLEASANTON shall award a
contract for construction of the TWO LANE ACCESS ROAD and the
HACIENDA DRIVE EXTENSION to the lowest responsible bidder. DUBLIN
and SURPLUS PROPERTY AUTHORITY may, in a timely manner, review the
bids prior to award and may make recommendations to PLEASANTON
regarding the lowest responsible bidder.
February 22, 1991
114\agree\np~dfinl.ehs Page 7 of 25
(g) With respect to any portion of any structure in the
right-of-way for the TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION, PLEASANTON shall remove any such portion, including
removal of any asbestos in or on the portion removed, and shall re-
face the structure, if necessary, with temporary facing.
4. Desiqn and Construction by DUBLIN--DUBLIN BOULEVARQ
EXTENSION.
(a) DUBLIN shall obtain the right-of-way through the
westerly 50 feet of the former Southern Pacific right-of way as
shown on Exhibit B-2.
(b) DUBLIN shall obtain the necessary right-of-way for
and shall design and construct, or cause to be designed and
constructed, the DUBLIN BOULEVARD EXTENSION. DUBLIN BOULEVARD
EXTENSION shall be designed in accordance with DUBLIN's Standard
Plans for streets Dnd CALTRANS' Standard Specifications (Jan.
1988), except that the street shall begin as a full 94-foot wide
street (curb to curb) at Dougherty Road and taper to a one-half
street (on north side) as it extends to the east. In designing the
DUBLIN BOULEVARD EXTENSION, DUBLIN shall coordinate the plans and
specifications to conform with construction of the TWO LANE ACCESS
ROAD by PLEASANTON.
February 22, 1991
ll4\a§ree\npidfin[.ehs Page 8 of 25
5. Contribution of Riqht-of-Way by COUNTY and SURPLUS
PROPERTY AUTHORITY.
(a) SURPLUS PROPERTY AUTHORITY shall dedicate the right-
of-way through SANTA RITA PROPERTY required for the TWO LANE ACCESS
ROAD and the HACIENDA DRIVE EXTENSION to DUBLIN for street
purposes, said right-of-way to be in the approximate location shown
on Exhibit D. The SURPLUS PROPERTY AUTHORITY shall receive credit
for such dedication in accordance with paragraph 11 below.
(b) SURPLUS PROPERTY AUTHORITY shall arrange for
conveyance to DUBLIN of COUNTY PROPERTY in such form as will enable
DUBLIN's use of the COUNTY PROPERTY for street purposes and allow
COUNTY's use of the COUNTY PROPERTY for transit purposes. The
terms and conditions of such conveyance shall be mutually agreed
upon by DUBLIN and COUNTY. SURPLUS PROPERTY AUTHORITY shall
receive credit for such conveyance in accordance with paragraph 11
below.
(c) COUNTY shall dedicate to DUBLIN, or arrange for
dedication to DUBLIN of, the right-of-way for the TWO LANE ACCESS
ROAD in fee simple through the Camp Parks property presently owned
by the United States of America, in the location shown on Exhibit
~. SURPLUS PROPERTY AUTHORITY shall receive credit for such
dedication in accordance with paragraph 11 below.
114\agree\ng~df~n[.ehs Page 9 of 25 February 22, 1991
(d) If COUNTY cannot dedicate the right-of-way through
the Camp Parks property in fee simple, as provided in paragraph
5(c), COUNTY shall facilitate the issuance of a right-of-entry,
easement or similar legal entitlement acceptable to DUBLIN from the
United States of America for such right-of-way for public street
purposes.
(e) The right-of-way required to be dedicated pursu~a.n~
/ to subsection (a) of this paragraph, shall be at least fifty-five
\/ (55) feet wide and shall be in a form and locati°n satisfact°r~.~°
DUBLIN. DUBLIN agrees to accept such right-of-way for publi~
treet purposes. . ~
(f) The right-of-way required to be dedicated pursuant
to subsection (b) of this paragraph and paragraph 4(a), shall be
one hundred ten (110) feet wide and shall be in a form and location
satisfactory to DUBLIN. DUBLIN agrees to accept such right-of-
way, for public street purposes.
(g) The right-of-way required to be dedicated pursuant
to subsection (c) of this paragraph, or right-of-entry, easement
or similar legal entitlement referred to in subparagraph (d), shall
be at least one hundred and sixty (160) feet wide and shall be in
a form and location satisfactory to DUBLIN. DUBLIN agrees to
accept such right-of-way, right-of-entry, easement or other legal
entitlement for public street purposes.
February 22, 1991
114\agree\nt~idfin[.ehs Page 10 of 25
6. Timinq of Obliqation~.
(a) PLEASANTON shall commence design for the TWO LANE
ACCESS ROAD and the HACIENDA DRIVE EXTENSION no later than April
1, 1991 and shall award a contract for construction no later than
March 26, 1992. Construction shall be completed by no later than
November 1, 1992.
(b) DUBLIN shall commence design for the DUBLIN
BOULEVARD EXTENSION no later than April 1, 1991 and shall award a
contract for construction no later than March 26, 1992.
Construction shall be completed no later than November 1, 1992.
(c) DUBLIN, cOUNTY and SIIRPLUS PROPERTY AUTHORITY shall
provide the right-of-way required by paragraphs 4(a) and 5 no later
than March 26, 1992, provided that if such right-of-waY is required
by PLEASANTON prior to March 26, 1992, COUNTY and SURPLUS PROPERTY
AUTHORITY shall provide such right-of-way within 120 days of
written notice from PLEASANTON to COUNTY and SURPLUS PROPERTY
AUTHORITY.
(d) If cOUNTY is unable to comply with subparagraphs (c)
or (d) of paragraph 5 by March 30, 1991, DUBLIN may obtain the
necessary right-of-way through the Camp Parks property on its own
behalf ·
February 22, 1991
Page 11 of 25
114\agree\np~df~nl'ehs
(e) The time for performance hereunder by any party
hereto shall be extended by the period of time such party's
performance hereunder is stayed by a court of competent
jurisdiction.
(f) PLEASANTON'S obligations under paragraph 3 and
DUBLIN's obligations under paragraph 4 shall be stayed if neither
COUNTY nor DUBLIN can obtain the right-of-way through the Camp
parks Property.
7. Acceptance of ImDrovements-
Following PLEASANTON'S completion of the construction
contract work for the TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION, DUBLIN shall immediately accept such improvements as
public streets and shall thereafter maintain such improvements as
public streets.
8. Reimbursement to PLEASANTON.
(a) DUBLIN agrees to reimburse PLEASANTON in an amount
equal to the COSTS OF CONSTRUCTION, together with accrued interest
commencing upon the date of acceptance by DUBLIN of the TWO LANE
ACCESS ROAD and the HACIENDA DRIVE EXTENSION, provided such
reimbursement, except as provided in paragraph 10, shall be solely
from the proceeds of assessments, special taxes, exactions and/or
fees or ahy bonds secured by such assessments, special taxes,
exactions or fees, which are imposed by DUBLIN on any and all
February 22, 1991
114\agree\npidf~nt.ehs Page 12 of 25
property east of Dougherty Road for the purpose of paying for or
reimbursing DUBLIN for its obligation hereunder for the COSTS OF
CONSTRUCTION of the TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION. DUBLIN hereby agrees and promises in good faith to seek
a levy of assessments, special taxes, exactions and/or fees for the
TWO LANE ACCESS ROAD and the HACIENDA DRIVE EXTENSION on any and
all property east of Dougherty Road, including federally-owned
property which is converted to private use by sale or lease, in a
timely manner and to the fullest extent allowed by law in order to
reimburse PLEASANTON for the COSTS OF CONSTRUCTION. DUBLIN further
agrees to include the COSTS OF CONSTRUCTION in the first assessment
district formed by DUBLIN in the area east of Dougherty Road.
(b) Subject to the terms of the BART/DUBLIN AGREL~ENT,
DUBLIN shall reimburse PLEASANTON for all COSTS OF CONSTRUCTION as
provided herein upon the date of acceptance by DUBLIN of the TWO
LAND ACCESS ROAD and the HACIENDA DRIVE EXTENSION. In the event
that DUBLIN does not have proceeds with which to reimburse
PLEASANTON fully on the date of acceptance of the TWO LANE ACCESS
ROAD and the HACIENDA DRIVE EXTENSION, DUBLIN shall reimburse
PLEASANTON to the extent that DUBLIN has such proceeds and DUBLIN
shall reimburse or continue to reimburse PLEASANTON as such
proceeds become available to DUBLIN until the COSTS OF
CONSTRUCTION, together with accrued interest, have been repaid in
full. ,,proceeds", as used in this subparagraph, refer to the
proceeds described in subparagraph (a) above.
February 22, 1991
114\agree\np~dfinl.ehs Page 13 of 25
(c) For each year that the COSTS OF CONSTRUCTION are
not reimbursed to PLEASANTON, the rate of interest to be paid under
subparagraph (a) shall be, for each calendar year or part thereof,
7.487769 percent, which rate is the yield to maturity interest rate
for the bonds for Assessment District No. 1986-9, North Pleasanton
improvement District No. 3, Series C, city of Pleasanton, Alameda
county, California, as set forth on the attached Exhibit G.
(d) To the extent that DUBLIN is unable to collect
sufficient monies through assessments, special taxes, exactions
and/or fees to repay BART (pursuant to the BART/DUBLIN AGREEMENT),
PLEASANTON and SURPLUS PROPERTY AUTHORITY, as provided hereinafter,
DUBLIN's obligation to reimburse PLEASANTON, as provided in this
section, shall be secondary to its obligation under the BART/DUBLIN
AGREEMENT and shall come before its obligation under this Agreement
to SURPLUS PROPERTY AUTHORITY.
(e) Except as provided herein and in paragraph 10,
DUBLIN shall have no obligation to pay PLEASANTON any monies on
account of the performance by PLEASANTON of its obligations
hereunder.
9. SURPLUS PROPERTY AUTHORITY Guarantee.
(a) In the event that DUBLIN exercises its right under
the BART/~UBLIN AGREEMENT to receive a short term advance in an
amount up to One Million, Two Hundred Twenty-Four Thousand and
February 22, 1991
114\agree\npidfinl.ehs Page 14 of 25
No/100 Dollars ($1.224 million) and such advance has not been
repaid by DUBLIN to BART by October 31, 1995, from the proceeds of
assessments, special taxes, exactions and/or fees or any bonds
secured by said assessments, special taxes, exactions and/or fees,
the SURPLUS PROPERTY AUTHORITY guarantees DUBLIN that SURPLUS
PROPERTY AUTHORITY will repay the full amount of such advance,
together with interest thereon as provided in the BART/DUBLIN
AGREEMENT, to BART on behalf of DUBLIN within 45 days of written
demand by DUBLIN to SURPLUS PROPERTY AUTHORITY to do so and in no
event later than December 31, 1995. SURPLUS PROPERTY AUTHORITY
agrees and promises in good faith to exercise all its powers, as
provided by Government code § 40567, to repay such advance to BART
on behalf of DUBLIN. No later than April 1, 1994, DUBLIN shall
provide SURPLUS PROPERTY AUTHORITY with an accounting of funds
available or anticipated to be available to DUBLIN to repay the
advance to BART and the anticipated amount which SURPLUS PROPERTY
AUTHORITY will be required to pay to BART under the provisions of
this paragraph.
(b) If SURPLUS PROPERTY AUTHORITY is obligated to repay
the short term advance, DUBLIN agrees to reimburse SURPLUS PROPERTY
AUTHORITY in an amount equal to the amount paid by SURPLUS PROPERTY
AUTHORITY to BART, together with accrued interest commencing on the
date of repayment by SURPLUS PROPERTY AUTHORITY of the short term
advance, provided such reimbursement shall be solely from the
proceeds of assessments, special taxes, exactions and/or fees or
February 22. 1991
114\agree\rkoidfinl.ehs Page 15 of 25
any bonds secured by such assessments, special taxes, exactions or
fees, which are imposed by DUBLIN on any and all property east of
Dougherty Road for the purpose of paying for or reimbursing DUBLIN
for its obligation hereunder or under the BART/DUBLIN AGREEMENT.
DUBLIN agrees and promises in good faith to seek a levy of
assessments, special taxes, exactions and/or fees for the DUBLIN
BOULEVARD EXTENSION, TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION on any and all property east of Dougherty Road, including
federally-owned property which is converted to private use by sale
or lease, in a timely manner and to the fullest extent allowed by
law in order to reimburse SURPLUS PROPERTY AUTHORITY as provided
herein.
(c) The rate of interest to be paid under the preceding
subparagraph for each year until SURPLUS PROPERTY AUTHORITY has
been repaid in full shall be the Alameda County Treasurer's return
on invested funds as calculated by the County Treasurer in July of
each such year for the prior calendar year.
(d) To the extent DUBLIN is legally unable to collect
sufficient monies through assessments, special taxes, exactions
and/or fees to reimburse BART (under the BART/DUBLIN AGREEMENT) and
both SURPLUS PROPERTY AUTHORITY and PLEASANTON as provided herein,
the parties agree that preference shall be given to reimbursing
first BAR~, then PLEASANTON and then SURPLUS PROPERTY AUTHORITY.
February 22, 1991
114\agree\n~dfinl.ehs Page 16 of 25
(e) Except as provided herein, DUBLIN shall have no
obligation to repay SURPLUS PROPERTY AUTHORITY any monies on
account of the guarantee by SURPLUS PROPERTY AUTHORITY.
10. Guarantee of Reimbursement to PLEASANTO~.
(a) In the event that DUBLIN has not within twelve and
one-half years of the effective date of this Agreement fully
reimbursed PLEASANTON the COSTS OF CONSTRUCTION together with
accrued interest, all as provided in Paragraph 8, the SURPLUS
PROPERTY AUTHORITY and DUBLIN each agree to reimburse PLEASANTON
one-half of any remaining unpaid amount of the COSTS OF
CONSTRUCTION together with accrued interest within 45 days of
written demand by PLEASANTON to do so.
(b) SURPLUS PROPERTY AUTHORITY agrees and promises in
good faith to exercise all its powers, as provided by Government
Code § 40567, to reimburse the amount referred to in subparagraph
(a) to PLEASANTON. If SURPLUS PROPERTY AUTHORITY is obligated to
repay PLEASANTON under subparagraph (a), DUBLIN agrees to reimburse
SURPLUS PROPERTY AUTHORITY in an amount equal to the amount paid
by SURPLUS PROPERTY AUTHORITY to PLEASANTON, together with accrued
interest on such amount commencing on the date of such payment,
provided such reimbursement shall be solely from the proceeds of
assessments, special taxes, exactions and/or fees or any bonds
secured by such assessments, special taxes, exactions and/or fees
which are imposed by DUBLIN on any and all property east of
February 22, 1991
114\asree\np~dfinl.ehs Page 17 of 25
Dougherty Road for the purpose of paying for or reimbursing DUBLIN
for its obligations hereunder.
(c) In the event that DUBLIN satisfies its obligation
under subparagraph (a) from any source of funds other than the
proceeds of assessments, special taxes, exactions and/or fees or
any bonds secured by said assessments, special taxes, exactions
and/or fees on any and all property east of Dougherty Road, DUBLIN
shall be entitled to reimburse itself in the amount of its
reimbursement to PLEASANTON, together with accrued interest on such
amount commencing on the date of such payment, from the proceeds
of assessments, special taxes, exactions and/or fees or any bonds
secured by said assessments, special taxes, exactions and/or fees
on any or all property east of Dougherty Road which are thereafter
collected.
(d) The rate of interest to be paid under subparagraph
(b) above for each year until repayment in full shall be as
provided in paragraph 9(c) above.
(e) The rate of interest to be paid under subparagraph
(c) above for each year until repayment in full shall be the city
of Dublin's return on invested funds as calculated by the city
Treasurer in July of each such year for the prior calendar year.
February 22, 1991
114\agree\~o~df~nl.ehs Page 18 of 25
(f) The twelve and one-half year period provided in
subparagraph (a) above shall be extended (i) by the period of time
during which a lawsuit challenging or affecting DUBLIN'S ability
to approve development in the area to the east of Dougherty Road
within DUBLIN'S sphere of influence is pending in a court of
competent jurisdiction and (ii) during such time that DUBLIN loses
its ability to approve a project. Notwithstanding the previous
sentence, in all events the period provided in subparagraph (a)
shall not exceed fifteen (15) years.
11. Credit to SURPLUS PROPERTY AUTHORITY for Riqht-of-Way
Dedication.
DUBLIN agrees that SURPLUS PROPERTY AUTHORITY shall be
given credit for:
(a) its dedication of right-of-way through SANTA RITA
PROPERTY, as provided in paragraph 5(a);
(b) its conveyance of one-half of the total square
footage of COUNTY PROPERTY; and
(c) for COUNTY's dedication of fee title to the right-
of-way through Camp Parks property, if any, as provided in
paragraph 5(c) .
February 22, 1991
114\agree\r~oidfinl.ehs Page 19 of 25
The credit to be given under this paragraph 11 shall
be applied against any special assessments, fees, exactions and/or
special taxes levied against the SANTA RITA PROPERTY by DUBLIN for
infrastructure improvements benefiting the SANTA RITA PROPERTY. The
amount of the credit shall be calculated as follows: The amount
of the credit shall be based on the total of the per-acre value of
the land dedicated, as such value is established by an appraiser
mutually agreed upon by DUBLIN and SURPLUS PROPERTY AUTHORITY, les~
an amount equal to the cost of construction of the portion of the
TWO LANE ACCESS ROAD and HACIENDA DRIVE EXTENSION through the SANTA
RITA PROPERTY and les~ an amount equal to the per-acre value of the
land which would be required to be dedicated for a fifty-five foot
road by a private property owner pursuant to Dublin Ordinance No.
11-88 entitled ,,Rights-of-Way -- Dedication & Improvement", a copy
of which is attached as Exhibit H. The dollar amounts referred to
in this paragraph shall be based on 1991 dollars adjusted by adding
interest thereon on.the manner described in paragraph 8(c). The
appraisal shall be done in an expeditious manner. In the event
that the deductions from the credit are greater than the credit,
the amount of the credit shall be reduced to zero.
Notwithstanding the foregoing, SURPLUS PROPERTY
AUTHORITY and COUNTY acknowledge and agree that the SANTA RITA
PROPERTY may be subject to assessments, fees, exactions and/or
special ta~es for improvements for and in addition to the TWO LANE
ACCESS ROAD and HACIENDA DRIVE EXTENSION improvements to be
February 22, 1991
ll4\agree\npidfinl.ehs Page 20 of 25
constructed pursuant to this Agreement, including but not limited
to the TWO LANE ACCESS ROAD and HACIENDA DRIVE EXTENSION and
additional improvements to the TWO LANE ACCESS ROAD and HACIENDA
DRIVE EXTENSION required by Dublin Ordinance No. 11-88.
12. SB 300 Fundinq
DUBLIN agrees to submit an application for "SB 300"
funding to the State of California for the DUBLIN BOULEVARD
EXTENSION, TWO LANE ACCESS ROAD and EXTENSION OF HACIENDA DRIVE.
In the event that DUBLIN receives any SB 300 monies from the State
of California, DUBLIN shall use such monies to reduce proportion-
ately its COSTS OF CONSTRUCTION for the DUBLIN BOULEVARD EXTENSION
and PLEASANTON's COSTS OF CONSTRUCTION for the TWO LANE ACCESS ROAD
and the HACIENDA DRIVE EXTENSION.
13. Additional Documents and Aqreements.
The parties agree to cooperate in the execution of any
additional documents or agreements which may be required to carry
out the terms of this Agreement.
14. Successors.
This Agreement shall bind and inure to the benefit of all
successors and assigns of the parties and any associates in
interest, and their respective directors, officers, agents,
servants, ~nd employees, and the successors and assigns of each of
them, separately and collectively.
114\agree\~df~nl.~s Page 21 of 25 February 22, 1~1
15. Construction of Aqreemen~.
This Agreement shall be construed and enforced pursuant
to the laws of the State of California.
16. Time of the Essence.
In entering into this Agreement, the parties recognize
and agree that time is of the essence.
17.
Notices.
Whenever notice is required hereunder, it shall be given
to the parties as follows:
To: city of DUBLIN:
Richard C. Ambrose
city Manager
City of Dublin
100 civic Plaza
Post office Box 2340
Dublin, CA 94568
To:
City of PLEASANTON:
Deborah Acosta
city Manager
city of Pleasanton
Post office Box 520
Pleasanton, CA 94566-0802
To:
COUNTY of Alameda:
Steven Szalay
County Administrator
County of Alameda
1221 Oak Street, Room 555
Oakland, CA 94612
February 22, 1991
11&\a9ree\~idf~n[.ehs Page 22 of 25
To: SURPLUS PROPERTY AUTHORITY:
Steven Szalay
County Administrator
County of Alameda
1221 Oak Street, Room 555
Oakland, CA 94612
18. Remedy for Breach.
The exclusive remedies for a breach by any of the parties
of any term or condition of this Agreement or any dispute regarding
the interpretation of this Agreement shall be final and binding
arbitration conducted according to the rules of the American
Arbitration Association. Each party in such arbitration shall bear
its own costs and attorneys' fees and shall jointly pay the cost
of the arbitrator and court reporter. The arbitrator shall be
selected jointly by the CITY OF DUBLIN, the CITY OF PLF3. SANTON and
the COUNTY OF ALAMEDA, unless the issue to be arbitrated involves
only two of the parties in which case the arbitrator shall be
selected jointly by those two parties. The decision of the
arbitrator shall be'fina1.
19. ~arranty of Leqal Authority.
Each party warrants and covenants that it has the present
legal authority to enter into this Agreement and to do the acts
required of it hereunder. If any party is found to lack the
authority to do the acts required of it hereunder or is prevented
from performing the acts by a court of competent jurisdiction, this
Agreement shall be void and each party shall return to the position
it held immediately preceding the execution of this Agreement.
114\agr~\~df~nl.ehs Page 23 of 25 Febr~r¥22,1~l
20. Entire Aqreement.
This document embodies the entire terms and conditions
of the Agreement described herein. This Agreement may be executed
in five (5) counterparts, each of which shall constitute an
original.
21.
parties.
Effective Date.
This Agreement shall be effective when signed by all
Dated: ~C~ ~ ~,, ? 9 9/
CITY OF DUBLIN
-?
Mayor
Approved as to form:
city Attorney
Dated:
Approved as to form:
City Attorney
CITY OF PLEASANTON
Mayor
114\agree\npidf in [. ehs
(Signatures continued on next page.)
Page 24 of 25
February 22, 1991
Dated:
Approved as to form:
County Counsel
COUNTY OF ALAMEDA
.C~of the Boa~
Dated:
COUNTY OF ALAMEDA
SURPLUS PROPERTY AUTHORITY
-, --,? ·
President'
Approved as to form:
SURPLUS PROPERTY AUTHORITY
'I hereby certify under penalty of perjury that the President of the
Surplus Property Cormmission was duly authorized to execute this document on
behalf of the County of Alameda Surplus Property Authority by a majority vote
of the Commissioners on ~ ].~ ] : and that a copy has been
delivered to the President as provided by Government Code Section 25103.
Dated:
WILLIAM MEHRWEIN, Clerk, Alameda
County Surplus' Property Authority,
State of California.
Deputy
LIST OF EX]~IBITS
Exhibit A
Costs of Construction
Exhibit B-1
Legal Description of COUNTY PROPERTY
Exhibit B-2
Map Showing Location of COUNTY PROPERTY
Exhibit C
Location of DUBLIN BOULEVARD EXTENSION
Exhibit D
Location of HACIENDA DRIVE EXTENSION
Exhibit E-1
Description of SANTA RITA PROPERTY
Exhibit E-2
Map Showing Location of SANTA RITA PROPERTY
Exhibit F
Design Modifications for TWO LANE ACCESS ROAD
and HACIENDA DRIVE EXTENSION
Exhibit G
Debt Service Schedule
Exhibit H Dublin Ordinance No. 11-88
EXHIBIT A
COSTS OF CONSTRUCTION
1. PLEASANTON's COSTS OF CONSTRUCTION shall be the final
construction costs for the TWO LANE ACCESS ROAD and HACIENDA DRIVE
EXTENSION, plus the cost of all required utility relocation, plus
construction engineering costs (including payment to DUBLIN for
inspection services under paragraph 3(d)) not to exceed 10% of the
final construction costs, plus preliminary engineering and design
costs not to exceed 10% of the final construction cost, minus any
funds received from outside sources including but not limited to
CALTRANS, such as SB 300 funding. In no event shall PLEASANTON'S
COSTS OF CONSTRUCTION exceed $3.8 million.
2. DUBLIN shall have the right periodically to conduct an
audit of PLEASANTON's costs, provided advance written notice is
provided by DUBLIN to PLEASANTON.
3. When DUBLIN has accepted the TWO LANE ACCESS ROAD and
HACIENDA DRIVE EXTENSION as a public street, PLEASANTON shall
submit to DUBLIN a final accounting of the COSTS OF CONSTRUCTION
in a format which reflects the total costs for preliminary
engineering, design, utility relocation, construction engineering
and construction and indicates actual payments made by PLEASANTON.
DUBLIN may conduct an audit of the final accounting of the COSTS
OF CONSTRUCTION. If there is any dispute between DUBLIN and
PLEASANTON regarding whether any item or items of cost should be
included within the COSTS OF CONSTRUCTION, such dispute shall be
resolved through final and binding arbitration as provided in
paragraph 18.
EXHIBIT B-1
COUNTY PROPERTY
(Formerly Southern Pacific Transportation Company Property)
All that certain real property situate in City of Dublin, State of
California, described as follows:
Being a portion of that certain parcel of land described as Parcel No. 3 in
the deed from Southern Pacific Transportation Company, a Delaware
Corporation, to the County of Alameda, in a deed dated November 27, 1985, and
recorded December 12, 1985, Series No. 85-264889, Official Records of Alameda
County.
A strip of land of the uniform width of 110 feet measured at right angles,
and lying 65 feet southerly of, and 45 feet northerly of the following
described line:
Commencing at the southeasterly corner of Tract 4978, as said Tract was
recorded June 5, 1984, in Book 144 of Maps, at Pages 3 through 5, Office of
the Recorder, County of Alameda, said point also being on the southwesterly
right-of-way line of a 50 foot strip belonging to Southern Pacific
Transportation Company, thence northwesterly along the southwesterly side
line of said 50 foot strip, and the easterly line of said Tract ~978, North
46° 29' 26" west, 49.77 feet; thence, leaving said sidelines, South
88° 47' 37" East, at 74.29 feet to the northeasterly right-of-way line of
said 50 foot strip, also being the southwesterly line of that certain parcel
of land described as Parcel ~o. 3 in the deed from Southern Pacific
Transportation Company, a Delaware Corporation, to the County of Alameda, in
a deed dated November 27, 1985, and recorded December 12, 1985, Series No.
85-264889, Official Re~ords of Alameda County, to the true point of
beginning, continuing through said Parcel No. 3, a distance of 74.29 feet
terminating on the northeasterly sideline of said Parcel No. 3.
Side lines of said strip of land to be lengthened or shortened so as to
terminate on the West at the northeasterly sideline of said Southern Pacific
Transportation Co. parcel, and on the East at the northeasterly sideline of
said Parcel No. 3, land to the County of Alameda (85-264889).
CITY OF DUBLIN
COUNTY OF ALAMEDA
STATE OF CALIFORNIA
110' PROPOSED R/W
FOR DUBLIN BOULEVARD
EXTENSION
_74.29' ...- 74.29'
S. E. CORNER _~'"~'~ _~.
TRACT 4978 /
POINT OF COMMENCEMENT
EXHIBIT 'B2'
S 88'47"57" E
BJM
TtYM
CHEC. A'E~
40'
Ti'
,,TT1 ,l j~T 4~T8
2O
21
DUBLIN i~I3ULIi'VAFII3 I~)(TI~N[11[]N ' '
"HAl) SIIOWING RIGIIT-OF-WAY LIHES
FOlk EXTENSION OF DUBLIN BOULEVARD
BET%VEE~I DOUGIIEIITY ROAD MID
SOUTIIEI~tt PACIFIC RIGIIT-OF-%'IAY-"
21
CJTY LIMIF
S,C.,AJ.£ IN ~T
ovEFtQI!
CONSTRUCTION
DUI]L'II~i
El'l')
DOUQI'~ERTY
OVERHEAD
¥,,
pLEAIS AI',ITON
LANE
~.......-- HAC IEND A DRIVE
EXTENSION
ACCESS ROAD
:
REHAffJILITArlO~I
CEN~ER
END CONSTRUCTION~
ALAMEDA
CouNTY
C~EEK
BRIDGE
A IIOA~
ovERC}~IOSSIHO
~ -- OR,~DiNQ ,~5~O PAVItK3 ~
LocATION MAP
E~(HIBIT D
DESCRIPTION,
SA~fA RITA PROPERTY
(Por. of APN 946-015-01-4)
The Santa Rita Property shall be all that property owned by the Alameda
County Surplus Property Authority and bounded:
1) On the east by the westerly right-of-way line of Tassajara Road,
and excluding the five-acre parcel owned by the U.S. Government
Department of Immigration and Naturalization.
2) On the north by the southerly right-of-way line of Gleason Drive
(formerly Seventh Street).
3) On the west by the centerline of right-of-way of Arnold Avenue.
4) On the south by the northerly right-of-way line of Interstate 580.
EXHIBIT E-1
:$SES$OR'S MAP ~ Mop of the Property of the
Roncho Son Romon (j.M.Amodor) tPol. Ek '~'
0O ~
4
, ,~,,~ ,/~ .. ~..
~t' u I" · .... " ~ J
.. ~ .~ ..... ~ R ..~~ ~. ,
~0' I1~'~ ' I I -~ ~ '~ t ~ ·
. IIM · ~'- ~.,~.~, _,~,1:. 1
..~,: _. ~:...~.~, ~,~ -~-~.,,. .~
Zt~! h" . ..... '-'? ......
0
0
LINE
- TRAVEL -~RTRAVEL
~E E
SHLD I '"
~L TYP_ IOAL SECTION
Note: Improvements to the TWO LANE ACCESS ROAD and
tIACIENDA DRIVE EXTENSION shall be exclusive of curb
and gutter, sidewalks, street lighting, signals,
longitudinal drainage culverts, sewers and other
utilities, and the top 1 1/2 inches of asphalt
pavement, q]%e pavement section shall be designed
for the ultimate expected traffic load. Cross
drainage ihtorovements shall be included.
EXHIBIT F
TYPICAL SECTION
HACIENDA DRIVE EXTENSION
SHEET ~. OF 2 g',~t':7~.,~ 141II --
/N/T/AL TYPICAL SECT/ON
EXHIBIT F
TYPICAL SECTION
TWO LANE ACCESS ROAD
EXHIBIT G
DEBT SERVICE SCHEDULE (NET OF CDiLED BONDS)
CITY OF PLEASA~NTON
A.D. 1986-9, North Pleas. No. 3, Series C of Bonds
YR PRINCIPAi RATE*
INTEREST DEBT SERVICE OUTSTANDING
91 9,369.10 6.150 1,660,113.88
92 5,000.00 6.300 1,192,320.00
93 5,000.00 6.450 1,192,005.00
94 5,000.00 6.550 1,191,682.50
95 5,000.00 6.650 1,191,355.00
96 380,000.00 6.700 1,191,022.50
97 405,000.00 6.800 1,165,562.50
98 435,000.00 6.900 1,138,022.50
99 460,000.00 7.000 1,108,007.50
00 495,000.00 7.100 1,075,807.50
0! 530,000.00 7.250 1,040,662.50
02 570,000.00 7.350 1,002,237.50
)3 610,000.00 7.400 960,342.50
04 655,000.00 7.450 915,202.50
05 705,000.00 7.500 866,405.00
06 755,000.00 7.500 813,530.00
07 815,000.00 7.500 756,905.00
08 875,000.00 7.600 695,780.00
09 940,000.00 7.600 629,280.00
10 1,0!0,000.00 7.600 557,840.00
11 1,090,000.00 7.600 481,080.00
12 1,170,000.00 7.600 398,240.00
13 1,260,000.00 7.600 309,320.00
14 1,355,000.00 7.600 213,560.00
15 1,455,000.00 7.600 110,580.00
1,669,482.98 15,999,369.10
1,197,320.00 15,990,000.00
1,197,005.00 15,985,000.00
1,196,682.50 15,980,000.00
1,196,355.00 15,975,000.00
1,571,022.50 15,970,000.00
1,570,562.50 15,590,000.00
1,573,022.50 15,185,000.00
1,568,007.50 14,750,000.00
1,570,807.50 14,290,000.00
1,570,662.50 13,795,000.00
1,572,237.50 13,265,000.00
1,570,342.50 12,695,000.00
1,570,202.50 12,085,000.00
1,571,405.00 11,430,000 00
1,568,530.00 10,725,000 00
1,571,905.00
!,570,780.00
1,569,280.00
1,567,840.00
1,571,080.00
1,568,240.00
1,569,320.00
1,568,560.00
1,565,580.00
9,970,000 00
9,155,000 00
8,280,000 00
7,340,000 00
.6,330,000.00
5,240,000.00
4,070,000.00
2,810,000.00
1,455,000.00
12/19/9o
EFF%*
7.456
7 457
7 457
7 457
7 458
7 458
7 476
7 494
7 512
7.528
7.544
7.556
7.565
7.573
7.580
7.585
7.592
7.600
7 600
7 600
7 600
7 600
7 600
7 600
7.600
15,999,369.10 21,856,863.88 37,856,232.98
* "Rate" Is on Bonds Maturing Each Year. "Eff%" Is on All Outstanding =~onds.
Bond Date: 04/11/90 Yie!d-to-Maturity:7.487769%
Denomination: $5~000 or Multiples Net Rate(with Disccunt):7.6!!484%
Bonds Mature on September 2 Average Interest Rate:7.520621%
Weighted Average Maturity:!8.!59 Years Advance Redemption Premium: 3.000%
First Interest Payment on 03/02/91 Is $1,063,665.78, Representing
321 Days or 0.89167 Years of Accrued Interest.
No Capitalized Interest Has Been Budgeted.
ORDINANCE NO. 11-88
AN ORDINANCE OF THE CITY OF DUBLIN
REQUIRING DEDICATION AND IMPROVEMENT
OF RIGHT-OF-WAY
The City Council of the City of Dublin does ordain as follows:
Section 1. DED1CA'i'ION OF RICH'£-OF-WAY REOUIRED. No building permit,
conditional use permit, site development review approval, or variance
shall be issued in connection with the construction, reconstruction, or
relnodeling of any building or structure on any lot, the use of which
building or structure thereafter, will result in an increase in traffic
generation on the street or streets upon which such lot abuts or will
abut, or rezoning to a Planned Development District, which rezoning
will result in an increase in traffic generation on the street or
streets upon which lot abuts or will abut, unless the deslgnated area"
of such lot has been granted to the City.
Section 2.
DESIG[]ATED AREA.
(a) Where future right-of-way lines have been established pursuant to
Ordinance No. 44-87, the designated area shall be that part of
the lot encompassed within the future right-of-way lines.
(b) Where subsection (a) does not apply, the designated area shall be
that part of the lot encompassed within the area defined by the
extension of the predominant existing street aligmnent on the
street on which the lot is located.
Section 3. EXCEP'£IONS. The provisions of Section 1 shall not be
applicable to a building permit issued for construction,
reconstruction, or remodeling of a single-family or two (2) family
dwelling, unless such reconstruction or remodeling converts such
dwelling or a portion thereof to any other use.
Section 4. IMFROVE~EN'~ OF RiGII~-OF-WAY REQUIRED. Any building permit,
conditional use permit, site development review approval, or variance
issued in connection with the construction, reconstruction, or
remodeling of any building or structure, the use of which building or
structure thereafter will result in an increase of traffic generation
on the street or streets upon which such lot abuts or will abut, or
rezoning to a Planned Development District, which rezoning will result
in an-increase in traffic generation on the street or streets upon
which such lot abuts or will abut, shall be conditioned upon
improvement by the applicant of one-half (1/2) of such street or
streets measured from the designated center line of such street or
streets, by installation or relocation of paving, tie-in paving, curbs,
gutters, sidewalks, and driveways, storm and sanitary sewers, drainage
facilities and street trees for the full width, and in the case of a
corner lot, for the full depth and corner radii of such lot. No
certificate of occupancy for such building or structure, shall be issued
until such ilnprovements have been completed.
Section 5. DESIGNATED CENIER LINE.
(a)
Where future right-of-way lines have been established pursuant to
Ordinance No. &4-87, the designated center lines shall be
established by said future right-of-way lines.
(b)
Where subsection (a) is not applicable, the designated center
lines shall be the existing center line of the street as defined
by tile extension of the predominant existing street alignment on
the street on which the lot is located.
Section 6. EXCEP'rlo~Is. Tile provisions of Section 4, except those
provisions requiring installation or relocation of curbs, gutters,
sidewalks, driveways, and street trees, shall not be applicable to a
building permit issued for construction, reconstruction, or remodeling
of a single-family or two (2) family dwelling, unless such
reconstruction or remodeling converts such dwelling or a portion
thereof to any other use.
Section 7. IMPROVE~iEN'r DEFERRED: GUARA~ITEE. In any case in which
installation or relocation prior to issuance of a certificate of
occupancy of all or any part of the improvements required by Section 4
is determined by the City Engineer to be impractical, he may accept in
lieu thereof:
(a) A guaranty in a form approved by the City Attorney in an amount
adequate to cover the cost of such improvements as estimated by
the City Epgineer, providing for the installation or relocation
of such improvements upon default of the applicant;., or
(b) A cash deposit of said amount, which will constitute a discharge
of the applicant's improvement obligation hereunder.
Section 8. REDUC~!O~ OF OBLIGATION. In any case in which the City
E~,gIn~r determines that by reason of unusual circumstances the
designated area as defined in Section 2, or designated center line as
defined in Section 5, require of the applicant grant (pursuant to
Section 1) and improvements to a greater extent than is reasonably
related to the increased traffic and other needs of the proposed land
use, he shall recommend to the City Council that the applicant's
obligation be reduced accordingly. The City Council may authorize the
issuance of a building permit thereafter upon receipt of an agreement,
execqted by the applicant, to make such grant and improvements as the
City Council may require in reducing his obligation. Such agreement
may include provisions for participation by the City in required
right-of-way acquisition and improvements.
Section 9. CONDITIONS OF APPROVALS UNAFFECTED. Nothing contained in
this ordinance shall be construed to prohibit or limit attachment of
conditions requiring grant and improvement of rights-of-wa7 to
approvals required by other provisions of applicable ordinances,
including but not limited to provisions of the zoning ordinance, and
the subdivision ordinance.
Section 10. APPLICANT. As used herein, applicant shall mean and
include the applicant, for a building permit, conditional use permit,
site development review approval, and/or variance and, when dedication
of right-of-way is required, the owner of the property where the owner
is not the applicant.
Section 11. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance
shall become effective thirty (30) days after its final passage and
adoption by the City Council. The City Clerk of the City of Dublin
shall cause this Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on
this 28th day of March, 1988.
AYES:
Councilnmmbers Hegarty, bbffatt, Vor~eeder & b~yor jeffery
NOES: None
ABSENT: Councii~mber Snyder