HomeMy WebLinkAboutItem 4.02 Lin Family I-580/Fallon Rd Improvements
CITY CLERK
File # D[ld[O[QI-ft:iHOl
AGENDA 5T A TEMENT
CITY COUNCIL MEETING DATE: July 18. 2006
SUBJECT'
Approval of Amendment No. 1 to Agreement between the Lin
Family and the City of Dublin Regarding Funding for Construction of
the I-5801Fallon Road Interchange Improvements
Report Prepared by: Melissa Manon, Public Works Dire~
ATTACHMENTS
1)
2)
Resolution, together with Eldribit "A," Amendment No. I
Original Agreement dated May 1, 2001
RECOMMENDATION ~
Adopt the Resolution approving Amendment No. 1 to the Agreement
between the Lin Family and the City of Dublin regarding funding for
construction of the I-580/Fallon Road Interchange Improvements.
FINANCIAL STATEMENT
Amendment No. I would require the Lin Family to pay additional
cost of construction, construction management, project management
and miscellaneous costs toward the project as follows:
Originlll Agreement:
Value of Land Dedication
Construction Cost Advancement
$ 163,488
$ 6,920,075
Amendment No.1:
Value of Larger Land Dedication
Revised Construction Cost Advancement
$ 341,272
$12,051,882
Itemization of Revised Construction Cost Advancement:
Dublin-Related Costs $10,374,725
Pleasanton-Related Costs $ 1,527,157
Extra work requested by the LiD Family'
$ 150000
Total: $12,051,882
~--
COPY TO: Martin Inderbitzen, Lin Attorney
Page 1 of3
ITEM NO. -=t-, 'L
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Amendment No 1 would require the Lin Family to pay the additional
cost for the Phase I improvements of the I-580/Fallon Road
Interchange project. This includes the cost of Pleasanton-related
improvements, giving a new total of $]2,051,882. The City
anticipates that Pleasanton would contribute $1,527,157 in the
future, which shall be reimbursed to the Un Family upon receipt of
said funds from Pleasanton.
The Developer (the Lin Family) will receive Category 2 Traffic
Impact Fee (TIP) credits of $]0,374,725 plus $34],272 and
Category I TIP credits of $150,000 in accordance with the City's
adopted TIP guidelines_ The Developer will not receive a TIP credit
for the $],527,157 payment Illlsociated with the Pleasanton-related
costs unless these costs are incorporated into the Eastern Dublin TIP
DESCRIPTION Improvement of the I.5801Fallon Road Interchange is a required
mitigation for the Dublin Ranch developments in Areas A-E and F, G & R. In May 2001, the City Council
approved the funding agreement between the Lin Family and the City of Dublin for construction of the
interchange improvement project. Under the original agreement, the Lin Family agreed to advance funds
to Dublin to be used for the construction of the interchange improvements. These improvements generally
consisted of the following components:
I Construction of a second bridge overpass to provide two lanes in each direction and a new southbound
to eastbound loop on-ramp
2. Widening the eastbound 1-580 off-ramp to provide a second left-turn lane at the ramp termini at the
intersection ofEI Charro Road, together with intersection signalization.
3 Constructing the eastbound 1-580 two.lane loop on-ramp (one mixed.f1ow lane with a High Occupancy
Vehicle (ROY) by-pass lane)
4 Widening northbound Fallon Road north of the overcrossing to provide additional storage at the
intersection with the westbound ramps.
5 Widening the westbound 1-580 off-ramp to provide four lanes (two left and two right-turn lanes) at the
ramp intersection with Fallon Road.
6. Widening Fallon Road approaching the intersection with the westbound ramps.
7 Widening the westbound 1-580 on-ramp.
Since the approval of the agreement, Pleasant on had requested that Dublin incorporate additional
improvements associated with proposed developments in Pleasanton. These improvements include the
construction of the northbound to westbound loop on-ramp and the widening of the eastbound on-ramp to
include an ROV bypass lane. Furthennore, Caltrans has required that Dublin include the widening of the
westbound off-ramp to two lanes and adding an auxiliary lane 1,300 feet in advance of the two-lane exit.
These improvements have now been included in a new "Exhibit A" attached to the amendment.
In addition, the Developer has requested that the City include in the interchange project the transition work
between the Developer's Fallon Road widening project and the interchange project. The transition work is
part of the Developer's road widening project, but it cannot be constructed until the interchange
improvement project is complete. By adding the transition work to the City's project, the Developer will
not have to remobilize to perfonn a small amount of construction WOlk.
Page 2 of3
Under Amendment No.1, the Developer agrees to pay a total of $12,051,882 of which $1,527,157 is
Pleasanton-related costs. The City agrees to pay the Developer the Pleasanton contribution within 30 days
of receipt of the funds, but the City has no duty to reimburse the Developer in the event that Pleasanton
does not make its contribution.
The original agreement called for the conveyance of a portion of the Lin property equal to 12,576 square
feet for the project, However, Caltrans has required an additional 12,389 square feet of the Un property
for the ultimate project. The Developer had conveyed a grant deed to the City containing a total area of
24,965 square feet in response to Caltrans' condition, and the City accepted the grant deed (see new
"Exhibit D" attached to the amendment). Pursuant to a credit/reimbursement agreement, the City has
provided the Developer a TIP credit of$341,272 for conveyance of said portion of the Lin property
Staff recommends that the City Council adopt the resolution approving Amendment No. 1 to the
Agreement between the Lin Family and the City of Dublin regarding funding for construction of the
I-5801Fallon Road Interchange Improvements.
Page 3 of3
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RESOLUTION NO. - 06
A RESOLUTION OF THE CITV COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENT NO. I TO AGREEMENT
WITH THE UN I,'AMIL Y REGARDING CONSTRUCTION OF THE
1-580/FALLON ROAD INTERCHANGE IMPROVEMENTS
WHEREAS, a part of the mitigation for the Duhlm Ranch developments in Areas A-E and F, G &
H requires improvement of the I-580/Fallon Road Interchange; and
WHEREAS, on May 1, 2001, the City Council of the City of Dublin approved an agreement with
the Lin Family for the construction of the interchange project wherein the Lin Family agreed to advance
the funds for the construction ofthc project; and
WHEREAS, the scope of constructlOn work and related costs have bcen expanded to
accommodate Pleasanton's request to mcorporate additIOnal Improvements associated with proposed
developments in Pleasanton, and other miscellaneous work needed to satisfy Caltrans' requIrements;
NOW, THEREFORE, BE IT RESOLVED that the Duhhn City Council approves Amendment
No. 1 to the Agreement WIth the Lm Family regarding funding for construction of the 1-580/Fallon
Interchange Improvements.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute Amendment No. I to the
Agreement, attached hereto as Exhibit "A."
PASSED, APPROVED AND ADOPTI:D this July 18, 2006.
AYES
NOES
ABSENT
ABSTAIN
Mayor
ATTEST
City Clerk
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ATTACHMENT I.
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AMENDMENT NO.1 TO AGREEMENT BETWEEN
THE LIN FAMILY AND CITY OF DUBLIN REGARDING FUNDING FOR
CONSTRUCTION OF FALLON ROAD /1.580 INTERCHANGE
THIS FIRST AMENDMENT is entered into this(G day of ,);; H -e- 2006,
between the City of Dublin, a municipal corporation ("City") and Chang Su-O-Un
(also known as Jennifer Un), Hong Uen Un (also known as Frederic or Frederich
Un) and Hong Yao Lin (also known as Kevin Un), (hereinafter "Developer")
(Collectively, City and Un are referred to as "the Parties ")
RECITALS
A. The Parties are parties to a certain agreement dated May 1, 2001,
entitled "Agreement Between the Un Family and City of Dublin Regarding
Funding for Construction of the Fallon Road /1-580 Interchange" ("the
Agreement")
B Pursuant to the Agreement, the Un Family ("Developer") agreed
upon the City anticipating awarding a contract for the construction of the
Interchange Improvements (as defined in the Agreement) to pay the City
$6,920,075 ("the Base Advance") and to pay such additional amounts as may be
necessary to make up any deficit in funds available to construct the interchange.
C After the execution of the Agreement, City and the City of
Pleasanton agreed that certain additional improvements ("the Pleasanton-related
Improvements") not contemplated in the Agreement be made at the 1-580/Fallon
Road Interchange, which improvements are associated with_proposed
developments in Pleasanton, and the City of Pleasanton agreed to contribute up
to $986,074 toward the construction of the Pleasanton-related Improvements.
D In addition, CalTrans has required the completion of an east bound
auxiliary lane ("the Dublin-related Improvements"), which improvements are
associated with development in Dublin and which improvements were not
contemplated in the Agreement.
E. Furthermore, the Developer has requested that the City include the
gap closure Category 1 work on Fallon Road estimated at $150,000 ("Category 1
Work"), in the freeway construction contract to provide a smooth transition
between the freeway project and Fallon Road.
F In order to ensure a funding source for the construction of the
Interchange Improvements (including the Pleasanton-related Improvements, the
Dublin-related Improvements, and the Category 1 Work), City has requested that
Developer, and Developer has agreed to increase the amount of the Base
Advance required by the Agreement to $12,051,882, pursuant to the terms set
forth in the Agreement and this Amendment.
Amendment No.1 to Un Agreement Regarding
Construction of 1.5BOIFellon Road Interchange
mIBlT A
To the Resolution
'3 o-f in
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, the Parties agree to amend the Agreement as follows.
AGREEMENT
Section 1 Exhibit A and Exhibit D to the Agreement are hereby
replaced with the attached documents labeled, respectively, "Exhibit A" and
"Exhibit D "
Section 2. The first paragraph of Section 1 of the Agreement, titled
"Advance of Monies by Developer," is amended to read as follows.
"When City anticipates awarding the Consulting Services Agreement for
construction management of the interchange improvements and upon
fifteen (15) days' notice from City, Developer agrees to pay to City the
sum of one million five hundred fifteen thousand and seven hundred fifty
four dollars ($1,515,754) When City anticipates awarding a contract for
construction of the Interchange Improvements and upon fifteen (15) days'
written notice from City, Developer agrees to pay to City the sum of ten
million three hundred eighty six thousand and one hundred twenty eight
dollars ($10,536,128) City anticipates receiving from the City of
Pleasanton $1,527,157 associated with the construction of the
interchange project ("the Pleasanton Contribution"). Within 30 days' of its
receipt of the Pleasanton Contribution (or any portion thereof) from the
City of Pleasanton, City agrees to pay to Developer the Pleasanton
Contribution (or any portion thereof). The City has no duty to reimburse
Developer in the event that the City of Pleasanton does not make the
Pleasanton Contribution."
Section 3 Section 3 of the Agreement, titled "Dedication of Richt of
Way," is amended to read as follows:
"Section 3 Dedication of Richt of Way: Credit Aaainst TIF
Developer has delivered to City and City has accepted the grant deed,
attached hereto as Exhibit D The land associated with the grant deed will
be used by City to widen Fallon Road at the north approach to the
interchange The City has, pursuant to a Credit/Reimbursement
Agreement, dated February 27, 2003, provided Developer with a Eastern
Dublin Traffic Impact Fee credit equal to Three Hundred Forty One
Thousand Two Hundred Seventy Two Dollars ($341,272).."
Section 4 Section 4 of the Agreement, titled "Credit Acainst TIF," is
amended to read as follows.
Amendment NO.1 to Un Agreement Regarding
Construction of 1-5801Fallon Road Interchange
May2J, 2006
Page 2 of ~
-4 or) I
"Section 4 Credit Aqainst TIF for Pavments
City will provide a credit to Developer in the amount of Developer's
payment of monies hereunder to be used by Developer against
payment of the TIF This agreement shall be deemed to be the
credit/reimbursement agreement required by Section V(A) of the TIF
Guidelines All aspects of the credits shall be as described in the TIF
Guidelines, including the right to convert any unused credits to a right
of reimbursement, subject to the following provisions (a) the Developer
shall pay an administrative fee of one-half of one percent or $1,000
whichever is greater; (b) the credit shall be granted at the time
Developer makes payments of money pursuant to this agreement; (c)
the credit shall be in the amounts of $10,374,725 that may be used
only against the Category 2 TIF Fees, and $150,000 that may be used
only against the Category 1 TIF Fees; and (d) the credit may be used
once it is granted. Developer shall receive no TIF credit for its
$1,527,157 payment associated with the Pleasanton Contribution, unless
the TIF is amended to include the costs associated with the Pleasanton
Contribution."
Section 4 The existing agreement remains in effect except as specifically
modified herein.
."...,,-'"~~'''
CITY OF DUBLIN
DEVELOPER --l
Chang Su-Q-Lin (also known as Jennifer
Lin)
Hong Y 0 Un (also known as Kevin Lin)
Ho I n Un (also known as Frederich or
Fr de i Lin)
Janet Lockhart, Mayor
Attest:
Fawn Holman, City Clerk
ong
ri ed Representative
Approved as to form:
Elizabeth Silver, City Attorney
Amendment NO.1 to Lin Agreement Regarding
Construction of 1.580fFallon Road Interchange
M.y24, 2006
P8~J8 J of ,j
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EXHIBIT A
The interchange improvements included in this agreement consists of the following parts:
I Construction of a second bridgl.': overpass to provide two lanes in each direction.
2. Widening the eastbound 1-580 off-ramp to prOVIde a second left-turn lane at the
ramp intersectIOn with El Charco Road and installation of a traffic signal at the
intersection.
3. Widening the westbound 1-580 off-ramp to provIde four lanes (two left and two
nght turn lanes) at the ranlp intersection with Fallon Road and mstallation of a
traffic signal at the intersection.
4 Constructing the southbound to eastbound loop oncramp (one mixed flow and an
HOV hypass).
5 Construchng the northbound to westbound loop on-ramp (one mixed flow and an
HOV bypass).
6. Widening northhound Fallon Road north of the overcrossing to provide additional
storage at the intersection with the westbound ramps.
7 Widening Fallon Road approaching the intersection with the westbound ramps.
8. Widening westbound on-ramp to include an HOV bypass lane.
9 Widening easthound on-ramp to mclude an HOV bypass lane.
10 Constructmg One westhouud 1-580 auxiliary lane 1,300 feel long in advance of the
mterchange.
~!Oc6RDJr'.JG REQUESTED BY
'First American Title Guaranty Compeny
Order No. 597135
-6 Escrow No, 597135
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'_, WHEN RECORDED MAIL TO'
EXHIBIT D
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200321909104/15/200308:30 AM
OFFICIAL A.COROS OF RECOROING FEE 0 00
AL~MED" COUNTY
P~TR'CK O'CONNELL
1111111111111I. ~
City of Dublin
Public Works Department
100 Civic Plaza
Dublin, CA 94568
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SPA.C~ ASOvE: tHIS UN!:: FOR RECOR05R'S USE
MAIL TAX STATEMENTS TO'
The undersigned grantor(s) declare(s);
CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $ exempt-
SURVEY MONUMENT FEE $
Computed on the oonsldoratlon 01" I,oalue af property conveyed; OR
Computed on the consideration Q[ vJlll,Je less: liens, Dr B!1Gumbref'Jces
t'al'rlI1l!nin'it at (il1'lB of sala.
SAME AS ABOVE
APN 9B5-6~1 (portiOn)
GRANT DEED
FOR A VALUABLE CONSIDERATION. r.ceipt of which is hereby acknowledged,
Chang Su-O Un, also known as Jennifer Lin, a married woman as her sole and separate property and
r ,Hong LIen Lin, also known as Frederic Lin, a single man
hereby GRANT(S) to
the City of Dublin, a municipal corpotation
the real property in the City of
Co unlY of
Dublin
Alameda
, Stale of California. deecribed as
FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dated January 11 ?M?
STATE OF CALIFORNIA
COUNTY OF
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.~Iy
(/;r~-D ~.~ .~.~d ij~
Ch 9 Su-O Llll, by HOll ill .n"as h~ '"
Attorney In Fact ~'""-"'~'~J77 ""/
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~ / Hong LIen L1n~
:>
On
before me,
-appeared
personally known to me (or proved to me on the basiS of
satisfactory evidence) to be the person(s) whose narna(s) is/arE;]
subscr1bed to the wIthin instrwrnerlt and aGknowledg~d to ma that
he/she/they e:xecuted the samB in hls/herlthalr ~uthorized
eapacity(ies), and that by his/her/their slgnature(s) on the
Instrument the person{s) or the entity upon behalf of Which the
pelSon{s) acted executed the Instrument.
r WITNESS my hand and offiCial ~E;I:aL
",./ SIgnature
ODBLK.DOC {l1o!;v <!l/94)
lThi~ arl!ilfOf affi<;lOlI notar1e;1 seal!
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ACKNOWLEDGMENT:
TAIWAN
CITY OFTAIPEI
AMERICAN INSTITUTE IN
TAIWAN, TAIPEI OFFICE
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Susan E. Haftel
ON DEe 11:2DD2 ,2002, BEFORE ME Sllecial Now)' (PL96-8~ ,
PERSONALLy APPEARED HONG LIEN LIN AS ATTORNEY.IN-FACT FOR CHANG Su-o UN. AND
HONG LIEN UN PI:I<lli'O~I^I..LY K~IQ'^'~I T'O W: (Gn PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR
AUTHORIZED -CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE
PERSONS, OR ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE
INSTRUMENT
SIGNATURE
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~U8aD It liaf\el
Special Notary (PL96-8)
SPECIAL NOTARY ( Ih.:t,y allllai"tled and quallfled
MY COMMISSION EXPIRES~ 'collllllission exguo,.Ogt .11. ggOa
NAME (PRINTED),
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11,267-00
Page 1 of2
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Exhibit A
DESCRIPTION
FEE CONVEYANCE OF A PORTION OF
CHANG SU-O UN PROPERTY
FALLON ROAD & 1-580
"EAST DUBLIN PROJECT
ALL 1HAT CERTAIN REAL PROPERTY BEING A PORTION OF RANCHO SANTA RITA, TOWNsmp 3
SOlITH, RANGE 1 EAST, MOUNT DIAlILO MERIDIAN AND :aEING ALSO A PORTION OF TIm CHANG
SU-O LIN PROPERTY AS SHOWN AND SO DESIGNATED ON 1HAT CERTAIN RECORD OF SURVEY
MAP NO. 1005 rR.O,S. #1005). FILED IN BOOK 16 OF RECORDS OF SURVEY AT PAGES 37 TO 51, BEING
ALSO A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE Dl'lED AS RECORDED
ON JULY 31,1985, IN SERIES No. 85-150494 ALAMEDA COUNTY RECORDERS OFFICE. STATE OF
CALIFORNIA, DESCRmED AS FOLLOWS: .
BEGINNING AT TIJE POINT OF INTERSECTION OF THE WESTERLY LINE OF FALLON ROAD W1TH
TIIE NORTHERLY LINE OF STATE mGHWAY 1-580, SHOWN AND SO DESIGNATED ON SAID RO.S.
#1005 AS BEING MARKED BY A STEEL FENCE CORNER POST WHICH BEARS S 83.24'49" W S6.39
FEET FROM A CHC BRASS DISC STAMPED "A458";
THENCE FROM SAID POINT OF BEGINNING AND COINCIDENT WITH SAID NORTHERLY LINE OF
STATE mGHWAY 1-580 S 50.39'32" W 115.70 FEET,
r, THENCE LEAVING SAID NORTHERLY LINE N 00.26'33" E 309,24 FEET:
" .
TIIENCE S 88.58'58. E 95.75 FEET TO A POINT IN THE WESTIlRL Y LINE OP SAID FALLON ROAD;
THENCE COINCIDENT TIlEREWITH S 02.06'49" W 234.34 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 24,965 SQUARE FEET MORE OR LESS.
END OF DESCRIPTION
DATE
~~
FRED C. INGALLS, P.L.S.
LK'ENSED PROFESSIONAL LAND SURVEYOR No. 5S59
(~:XP.: 12/3112004)
STATE OF CALIFORNIA
r IIAIICAY l SIll'S
CML ENGINEERING"LAND PLANNING"LAND SUrNEYlNG
5142 Franl4ln DrIVe Surte Dr PIeLl$Cm'ton, CA, 945ea~3355
19251225-G~90
P:~B;.I~\] 6034-20\FallonAddtnl t~i;.w 09-11-01.d.C1c
EX CAL TRANS ROW
APN 985-6-1
EXHIBIT .. A"
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PLAT TO ACCOMPANY DESCRIPTION
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DISTANCES ARE GRID DISTANCES MUL TIPL Y
BY 1.0000973 TO OBTAIN GROUND LEVEL
DISTANCES.
!-580/FALLON ROAD
INTERCHANGE IMPROVEMENTS
FEE CONVEYANCE TO CITY OF DUBIJN
QQ\JN'I'Y Of' AlAlIEIlA
CAUFO_
THE BASIS OF BEARING IS NAD 83.
THE DISTANCES SHOWN ARE GRID
DISTANCES.
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CERTIFlCATE OF ACCEPTANCE:
This is to certify that the interest in real property conveyed by this Deed or Grant, dated
January 31, 2002, from Chang Su-O Lin and Hong Lien Lin, for a Grant Deed for a fee
conveyance for Pallon Road (a portion of APN 985-0006-001) to the City of Dublin, a
governmental agency, is hereby accepted by Lee Thompson, City Engineer, on behalf of the
Dublin City Council pursuant to authority conferred by Resolution No. 24-87 of the Dublin City
Council, adopted on April 13, 1987, and the grantee consents to recordation thereof by its duly
authorized officer.
DATED: ~GY"#. 'z."'j
2 2003
,
LEE THOMPSON, CITY ENGINEER
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Y' .
. 1ty of Dubl
100 Civic Center
Dublin, Califomia 94568
P;\~g.lll.$\]M34-20\cert-accepl-fallon'fee,dac
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RESOLUTION NO. 24 - 8'7
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*****~**************w*****
RELATED TO THE DESIGNATION OF OFFICERS AUTHORIZED
TO ACCEPT AND DIRECT RECORDATION OF DEEDS
WHEREAS, the City Council is desirous of developing an
efficient mechanism for the acceptance of deeds1 and
WHEREAS, Section 27281 of the California Government Code
(CGC) requires that deeds or grants conveying any interest in or
easement upon real estate to a governmental agency for public
purposes must meet specific requirements; and
WHEREAS, the requirements include evidence of a
certificate or resolution of aoceptance attached to the deed or
grant prior to recordation; and
WHEREAS, Section 27281 provides that a governmental
agency may authorize one or more officers by general resolution to
aocept and oonsent to such deeds or grants.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Dublin, pursuant to Section 27281 (CGC), does hereby
authorize the City Manager and/or the City Engineer to accept and
consent to such deeds or grants, conveying any interest in or
easement upon real estate, on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 13th day of April,
1937_
AYES: Councilmembers Hegarty, Moffatt, Snyder,
Vonheeder and Mayor Jeffery
NOES: None
ABSENT: None
~~~--
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C~ty ~ler
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AGREEMENT BETWEEN THE UN FAMILY AND
CITY OF DUBLIN REGARDING FUNDING FOR CONSTRUCTION OF
FALLON ROAD 11-580 INTERCHANGE
THIS AGREEMENT is entered into this I "'day of ~ 2001, between the City of
Dublin, a municipal corporation ("City') and Chang Su-O-Lin (also known as Jennifer Lin), Hong Lien Lin
(also known as Frederic or Frederich Lin) and Hong Yao Lin (also known as Kevin Lin), (hereinafter
"Developer').
RECITALS
A. Developer owns approximately 1,119 acres of land located with the area generally
known as Eastern Dublin, located in the City of Dublin, County of Alameda ("Developer's Land").
B. City has adopted a fee known as the Eastern Dublin Traffic Impact Fee ("TIF') to pay
for road improvements (including freeway improvements) necessary for development in Eastern Dublin.
C. The Eastern Dublin Specific Plan designates land uses for Developer's property.
Developer will be required to pay a TIF fee when Developer develops such property
D. Improvements to the Fallon Road 11-580 Interchange ('Interchange Improvements') are
Included In the TIF as a 'Category 2' improvement; such improvements, which are described on Exhibit
A. will be constructed in two Darts (Part I and Part 11), The Improvements will facilitate the development
of Developer's property, which is described on Exhibit B.
E. Developer has agreed to advance funds to City to be used for design of the
Interchange Improvements and has dedicated right-of-way for future construction.
F Developer agrees to advance funds to City to be used for the construction of the
Interchange Improvements. City will use such funds to construcl the Interchange Improvements, In
order to construct the Interchange Improvements, City will first have to enter into a 'design cooperative
agreement' and a .construction cooperative agreement' with the State Department of Transportation
("Caltrans'). The advance of funds will enable City to enter into such agreement with Caltrans and,
thereafter, to enter into other agreements with consultants and construction firms for the construction of
the Interchange Improvements.
G. City's design and construction of the Interchange Improvements will facilitate
development of Developer's property as well as the properties shown on Exhibit C, attached hereto,
which are owned by other persons ("Non-Contributing Developers').
H. City has adopted Resolution 23~99 to provide for credits and reimbursement for the T1F,
Agreement Between the Un Family and City of Dublin regarding
Funding for Design and Construction of Fallon Road Interchange
Paqe 10f5
ATTAUWNT %,.
.'
/3 v.1 ;1/
TIF; such resolution and any amendments thereto will be referred to as the "TIF Guidelines"
AGREEMENT
NOW, THEREFORE, City and Developer agree as follows:
Section 1.
Advance of Monies bv Developer
When City anticipates awarding a contract for construction of the Interchange Improvements
and upon fifteen (15) days' written notice from City, Developer agrees to pay to City the sum of six
million nine hundred twenty thousand seventy-five dollars ($6,920,075).
In the event the City detennines that it has Insufficient monies to fund the Interchange
Improvements ("deficil'), whether due to insufficient funds being contributed by Developer or due to
increased costs, Developer agrees to advance an additional sum of money to make up the deficit upon
request by City.
City shall set aside all funds received pursuant to this agreement in an account for the
Interchange Improvements. City will invest such funds as part of City's invesbnent pool.
In the event the City obtains construction bids for the project lower than the estimated costs
and therefore resulting in excess funds being contributed by Developer, City agrees that it shall
immediately refund the excess funds to Developer.
Section 2.
Use of Monies bv City
City will use the monies paid by Developer pursuant to this Agreement, together with any
interest earned thereon, forthe construction of the Interchange Improvements. As used herein,
"construction" shall include preliminary engineering, preparation of project study report, project report,
plan specifications and estimates, engineering, environmental documentation and review, right-of-way
acquisition (if necessary), pennits, processing, utility relocation, construction, construction inspection,
project management, and inspection.
City shall be under no obligation to use the monies paid by Developer until such time that City
has adequate monies to construct the Interchange Improvements.
SectIon 3.
Dedication of RiQht-of-Wav
Developer has dallvered a grant deed to City for the land described on Exhibit D, consisting of
12,576 square feet, for use by City to widen Fallon Road at the north approach to the interchange.
The City will provide Developer with a credit for such land at a value of $13 per square foot, as
provided below
Agreement Between the Un Family and City of Dublin regarding
Funding for Design and Constructlon of Fallon Road Intarchange
Page 2015
January 8, 2001
l"j,,-f-;;/
Section 4
Credit AQainst TIF
City will provide a credit to Developer in the amount of Developer's payment of monies
hereunder and contlibution of land, as provided in Section 3 above, to be used by Developer against
payment of the TIF. This agreement shall be deemed to be the credit/reimbursement agreement
required by Section V(A) of the TIF Guidelines. All aspects of the credits shall be as desclibed in the
TIF Guidelines, induding the right to convert any unused credits to a right of reimbursement, subject to
the following provisions: (a) the Developer shall pay an administrative fee of one-half of one percent or
$1,000 whichever is greater; (b) the credit shall be granted at the time Developer makes payments of
money pursuant to this agreement; (c) the credit shall be in the amount of $7,083,563 ($6,920,075
plus $163,488 for the JandE (d) the credit may be used only against the Category 2 TIF Fees; and (e)
the credit may be used once it Is granted.
Section 5.
Return of Unused Monies
Except as provided below, City wUI return any monies which are not used by City for the
construction of the Interchange Improvements to Developer within 30 days of a final accounting by City
of the actual costs of construction.
The amount of any unused TIF credits shall be reduced by the amount of any monies returned
to the Developer There will be no retum of any unused monies If Developer has no unused TIF
credits.
Section 6.
Reimbursement of Monies Collected from Non-Conbibutina Developers
(a) City agrees to use whatever legal power it has make every effort to collect monies for the
design and construction of the Interchange Improvements from any Non-Contributing Developer
who seeks to develop property shown on Exhibit C In advance of the time any such non-
contributing developer pulls building permits.
(b) If City is able to collect such monies ('Later Paymenr) in advance of building permits. City agrees
that it will reimburse Developer from the Later Payment (to a maximum of Developer's remaining
TIF credits).
(c) If City is able to collect a Later Payment at the time of building permit, City agrees it will use
18.24% of1l1e Later Payment (which will consist of the Category 2 portion of1l1e Traffic Impact Fee
paid at building permit) to reimburse Developer (to a maximum of Developer's remaining TIF
Credits).
(d) City will reimburse Developer wi1l1in 30 days of receipt of 1I1e Later Payment. Any reimbursement
pursuant to 1I1is Section shall reduce 1I1e amount of credits granted to Developer pursuant to
Section 4 hereof.
Agreement Between the Un Family and City of Dubfin regillding
Funding for Design and Construction of Fallon Road Interchange
Page 30f5
January 8. 2001
/;'0(1/
Section 7
No ObliQation To AoDrove Proiect
This agreement shall not be construed as providing Developer with any assurance that any
application for a land use entitlement will be granted by City for Developer's property
Section 8.
Effect of Aareement
In the event that a traffic study prepared by or for City for an application by Developer for a land
use entitlement for Developer's Land concludes that the Interchange Improvements are required to be
constructed for the Developer's proposed project, the City will not deny the proposed project on the ground
that the Interchange Improvements have not been constructed. City further agrees that it will not enforce a
condition that the Interchange Improvements must be constructed prior to issuance of the first certificate of
occupancy for such proposed project provided that Developer has paid all amounts due under Section 1
and City has 1) approved all necessary environmental documentation for the Interchange Improvements,
2) received or anticipated receiving all necessary permits to proceed with the Interchange Improvements,
and 3) received all funding necessary to complete the Interchange Improvements.
Section 9.
Recitals
The foregoing Recitals are true and correct and are made a part of this agreement.
Section 10.
Assessment District
Developer has requested City and City has initiated proceedings to form an assessment district to
finance certain improvements (Council Resolution 87-99; Assessment District No. 1999-1, Dublin Ranch).
The advancement of Traffic Impact Fees to facilitate the Interchange Improvements is included in the
Description of Work (Reso!. No. 89-99). In the event that TIF fees for the Interchange Improvements have
been advanced by Developer through the Assessment District for Developer's property, Developer will be
relieved of its obligation to advance monies hereunder, provided that Developer's obligation to advance a
total of $6.920,075 shall be met either by this agreement or through the assessment district.
Page 4015
January 8, 2001
Agreement Between lhe Lin Family and City of Dublin regarding
Funding lor Design and Construc1ion of Fallon Road Interchange
,
Dated:
s/q/OJ
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Attest:
i(tdd AI ,j;L
City Attorney
Date:
Approved as to Form:
~fZ~
Marty Inderbitzen
Attorney for Un Family
J:\WPOIMNRSW\114\OO112001\AGREE\FALLON RD_CONSTR\JCTIOtC010B.DOC
Agreement Between the l.i1 Family and City of Dublin regarding
Funding for Design and ConslJUctIon of Falloo Road Inlllrchange
/(;.{)f)/
CITY OF DUBLIN
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DEVELOPER
Chang Su-O-Un (also known as Jennifer Un)
Hong Yao Un (also known as Kevin Un)
H n ien Un (also known as Frederich or
c Un)
song
r ad Representative
Page 5 of 5
JanualY 8.2001
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EXBmIT A
The interchange improvements included in this agreement consist of the following two partS:
Part I.
The widening of approaches to the two intersections, one on either side of -580,
together with intersection signalization.
Part II:
The construction of a second bridge overpass to provide two-lanes in each direction and
a new southbound to eastbound loop onramp. I
Widening the eastbound 1-580 off-ramp to provide a second left-turn lane at thel ramp
termini at the intersection ofEl Charro Road. I
i
Constructing the eastbound 1-580 two-lane (one mixed-flow lane with an HOV by'-pass)
loop on-ramp. ,
I
Widening northbound Fallon Road north of the overcrossing to provide additional
storage at the intersection with the westbound ramps. I
Widening the westbound 1-580 off-ramp to provide four lanes (two left and tWO!right-
turn lanes) at.the ramp intersection with Fallon Road. ,
,
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Widcning Fallon Road approaching the intersection with the westbound ramps.
Widening the westbound 1-580 on-ramp.
g;develop\intcrch:!UIge~\faIIQn oonstructlon\exhibit A
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16034-02
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EXIDUIT "U"
DESCRIPTION OF LIN ET AL
PROPERTY IN THE CITY OF DUBLIN SUBJECT TO TIlE
FALLON INTERCHANGE CONTRIBUTION AREA
ALL TIlOSE CERTAIN REAL PROPERTIES SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIfORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. I
PARCELS 1, 2-A, 3, 6, AND 7 AS CONVEYED IN TI-IE DEED TO: "D. R. ACQUISITIONS 1, LLC, A DELAlARE
UMfl'ED UABILITY COMPANY" AS RECORDED ON AUGUST 17, 2000, SERIES No. 2000247985,1 AND
"RESULTANT PARCEL 'A'" AND "RESULTANT PARCEL 'B'" OF LOT LINE ADJUSTMENT No. "00-{j7" AS
RECORDED IN SERIES No. 2000330114, ALL IN OFFICIAL RECORDS OF ALAM:EDA COUNTY. 'II
TOGETIlER WrTII:
ALL OF THAT CERTAIN PARCEL OF LAND CONVEYED TO; "KEVIN UN" AS RECORDED ON DECEMBER
15,1999 IN SERIES No. 1999445131, ALAMEDA COUNTY RECORDS. I
,
TOGETHER WITH; I
ALL OF THAT CERTAIN PARCEL OF LAND CONVEYED TO: "CHANG SU-O UN" AS RECORDEp ON
JANUARY 6, 1982 IN SERIES No. 82-.(l()1756, ALAMEDA COUNTY RECORDS. I
rCX::ETHER WrTII:
ALL 1HAT PARCEL OF LAND DESIGNATED AS: "RESULTANT REMAINDER No.4" OF Lar LINE
ADJUSTMENT No. "99-19" AS RECORDED ON APRIL 10, 2000 IN SERIES No. 2000106747, ALAMEDA
COUNTY RECORDS. I
TOGETHER WITH: I
ALL OF THAT CERTAIN PARCEL OF LAND CONVEYED TO: "CHANG Su-o UN" AS RECORDED Or-f JULY
31, 1985 IN SERIES No. 85-150494, ALAMEDA COUNTY RECORDS. '
i
TOGETHER WITH: I
I
ALL TIlOSE CERTAIN PARCELS OF LAND DESCRIBED AS: "PARCEL 1", "PARCEL 2", "PARCP.T. 3",
"PARCEL 4", "PARCEL 5", "PARCEL 6", "PARCEL 7", "PARCEL 8", AND "PARCEL 9" OF 1HAT CERTAIN
FINAL MAP EN'ITI'LED: 'TRACT 7148" AS FILED ON FEBRUARY 14, 2001 IN BOOK 257 OF MAPs, AT
PAGES 3 THROUGH 7, INCLUSIVE, ALAMEDA COUNTY RECORDS. '
END OF DESCRIPTION
~~ f~~~1
PROFESSIONAL LAND SURVEYOR No. 58Ci9
(EXP 12/31/2004)
STATE OF CALIFORNIA
l':;\1eg~I9-\16Ct34-:Z0\I1\t\?I'(:hal1~..;I.ot
IIAIICAT l SIIIPS
CML ENGINEERING. LAND PlANNING. lAND SURVEYING
:;142 Fron~ln D<lve Su~" B. Pleaoanton. CA. 94588-3355
(92:;) 226-0690
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page 1 of2
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iECORDING REQUESTED BY
Flrot American TItle Guaranty Company
Order No. 590192
Escrow ND. 590192
WHEN RECORDED MAIL TO:
City of Dublin
City Engineer
P.O. Box 2340
Dublin, CA 94588
SPACE ASOVE THIS UHE fOR RECOROER'S US
MAIL TAX STATEMENTS TO:
The undersigned grantor(s) declare(s):
CrTY TRANSFER TAX $ 0
DOCUMENTARY TRANSFER TAX $ exempt
SURVEY MONUMENT FEE $
Computed on Ihe OOIlOfd_ or voIu. ., properly eyed; OR
Computed on the 00I1I1d1Enl1on or value leSe lienS Or enwmb~
........;,g at ...... .,.elo.
SAME AS ABOVE
GRANT DEED
FOA A VALUABLE CONSIDERATION, receipt of which I. hereby acknowledged,
CHANG SU-O UN, also known as JENNIFER UN, and FkE('IOIllI, 11l~ I'l.N~ - LIEN .l..IN At
KnI>",,, 1'\. FIlE)E-R./C,L oJ
hereby GAANT(S) to
City of Dublin , I
the real prcperty In the CIty of Dublin 1
County of Alameda , state of California, escrlbed as
FOR LEGAL D'ESCRIPTION SEE- EXHI~IT "AR ATTACHED HERETO AND MADE A PART ~EREOF
Dared March 31 2000 !
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. City of TaI.pel 59 I
........5TA'fF:: or ~rORr4t^Ame'r~n bHt1H) In }ea. I
COUNTY OF 1., , -! I
On Tl1np~: ~o~~
Mfors me, Rp;,.~T'I. "R~t"tj:Qmin ~~i""isl1 1.~uL.~96-8)
appeared tin Ghani. 511-0 and tin. Honf-l i en---
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puraeflfllt;. Ilnl!l.JllI " WI' (er proved to me on the basis 01 satisfactory
'lI<fdencel to bo lhw parson(.) wh_ narn..(g) ""'gr.. lWbscrlbod to
\he wIIhln Instrument .nd acknowledged to "'" 1h8I~
""ec:o.ned \he ..me b.I,Jo;i..r/IheIr guthorfzed capgolly(les), gild Ih8I
by "", .~.r./l.lr slgnature(.) on lhw Instrument th9 person(.) 01" \hg
entity upon behs~ at which \he pers .)" soled. execuled \he
Instrument
WITNESS my hand
H.
1&'; LI,J rederlc Lln
Slgnalur
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ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF RANCHO SANTA RITA, TOWNSHIP 3
SOlITH, RANGE 1 EAST, MOUNT DtABLO MERIDIAN AND BEING ALSO A POR.TION OF THE Cffi6.NG
SU-O UN PROPERTY AS SHOWN AND SO DESIGNATED ON THAT CERTAIN R6C0RD OF SUR!VEY
MAP NO. 1005 (R.O.S. #1005), FlLED IN BOOK 16 OF RECORDS OF SURVEY AT PAGES 37 T6 51,
ALAMEDA COUNTY RECORDERS OFFlCE, STATE OF CALIFORNIA, DESCRIBEO AS FOLLOWS: !
I
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF FALLON ROAD WITH
THE NORTHERLY LINE OF STATE HIGHWAY 1-580, SHOWN AND SO DESIGNATED ON SAID l'.O'S'
#1005 AS BEING MARKED BY A STEEL FENCE CORNER POST WHICH BEARS S 83"24'49M W 6.39
FEET FROM A CRC BRASS DISC STAMPED "A458";
THENCE FROM SAID POINT OF BEGINNING AND COINCIDENT WITH SAID NORTHERLY UN OF
STATE HIGHWAY 1-580 S 50.39'32" W65.65 FEET. I
THENCE LEA VINO SAID NORTHERLY LINE PARALLEL TO THE AFOREMENTIONED WESTERLY tINE
OF FALLON ROAD N 02.06'49" E 276.86 FEET,
I
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Exhibit A
DESCRIPTION
ADDITIONAL RIGHT-OF-WAY
CHANG SU-O UN PROPERTY
FALLON ROAD & 1-580
EAST DUBLIN PROJECT
THENCE S 88.58'58" E 49.21 FEET TO A POINT IN THE WESTERLY LINE OF SAID FALLON ROAD;
THENCE COINCIDENT THEREWITH S 02.06'49" W 234.34 FEET TO THE POINT Of BEGINNING.
CONT AININO AN AREA OF 12,576 SQUARE FEET MORE OR LESS.
, -
END OF DESCRIPTION
PREPARED BY:
Ay~4P
3/1/00
~ .
STtVEN M. MENDENHALL
LICENSED LAND SURVEYOR NO~ 4444 (EXP. 9130101)
STATE OF CALIFORNIA
DATE
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(EXH I BIT' B' PROPERTY D Ese RI PTION
.. NON - CO NT RIBVTI NG DEVELO PERS"
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0' 1DOO' 2OOJ' 4COO'
EXHIBIT 'C'
FALLON INTERCHANGE
CONTRIBUTION AREA
CALIFORNIA
1IIACICAY.S8mPS
t:Ml m~'Lm[) PlNIN~ S1JiI'IF-l1'IHj
PLEAtNl1lJ.I (<;125) 22'5 l!i';o
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