HomeMy WebLinkAboutItem 4.04 AgreementtBoxCulvert CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 17, 2004
SUBJECT: Approval of Amendment to the Improvement and Maintenance
Agreement for Box Culvert to channel Drainage from Dublin Ranch
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS: Resolution approving the Amendment to the Improvement and
Maintenance Agreement for Box Culvert to Channel Drainage from
Dublin Ranch, together with Exhibit A (Amendment)
RECOMMENDATION: cv///Adopt resolution approving the Amendment to the Improvement and
Maintenance Agreement for Box Culvert to Channel Drainage from
Dublin Ranch
FINANCIAL STATEMENT: The developer is providing bonds to guarantee construction of the
~ improvements and will pay the cost of construction inspection.
Once improVements have been constructed and accepted, the City
will incur maintenance costs for the improvements.
DESCRIPTION: The City and the Lin Family are parties to an agreement entitled,
"Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch",
dated October 7, 2003, for the construction of the G3 .drainage line box culvert improvements along the
north side of 1-580 to drain Dublin Ranch.
The agreement requires the Lin Family to provide bonds for the improvements prior to the start of
construction. Sierra Land Development Corporation (Sierra Land) is a legal entity controlled by the Lin
Family, and the Lin Family proPoses to use this entity to construct the improvements. However, as Sierra
Land was not a party to the Agreement, the proposed amendment to the agreement is necessary to add
Sierra Land as a party to the agreement, thus permitting Sierra Land to be the bonding entity for the
improvements.
Staff recommends that the City Council adopt the resolution approving the Amendment to Improvement
and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch.
COPIES TO: Marty Inderbitzen, Lin's Attorney
Sierra Land Development Corporation
g:\develop\dublin ranch\infrastructure\g3 box culvert\agst amend imp agmt.doc
RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE
IMPROVEMENT AND MAINTENANCE AGREEMENT
FOR BOX CULVERT TO CHANNEL DRAINAGE FROM DUBLIN RANCH
WHEREAS, the Lin Family and the City of Dublin previously entered into an Improvement and
Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch, dated October 7, 2003;
and
WHEREAS, the Lin Family has executed and filed with the City of Dublin an amendment to the
Improvement and Maintenance Agreement for Box Culvert to Channel Drainage from Dublin Ranch to
insert Sierra Land Development Corporation as a party to the agreement for bonding and security
purposes;
NOW, THEREFORE, BE IT RESOLVED that said amendment to the agreement, hereto
attached as Exhibit "A", is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute the Amendment.
PASSED, APPROVED AND ADOPTED this 17th day of February, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:\develop\dublin ranch\infrastructure\g3 box culvert~resolution amend agree.doc
EXHIBIT "A" TO RESOLUTION - 04
FIRST AMENDMENT TO
IMPROVEMENT AND MAINTENANCE AGREEMENT
FOR BOX CULVERT TO CHANNEL DRAINAGE FROM DUBLIN RANCH
THIS FIRST AMENDMENT TO THE IMPROVEMENT AND MAINTENANCE AGREEMENT
FOR BOX CULVERT TO CHANNEL DRAINAGE FROM DUBLIN RANCH is made and
entered in the City of Dublin on this 17th day of February, 2004, by and among the City of
Dublin, a Municipal Corporation ("City"), and Chang Su-O-Lin (aJso known as Jennifer Lin),
Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known as
Kevin Lin), hereinafter referred to as ("the Lin Family"), and Sierra Land Development
Corporation ("Sierra Land") (Lin Family and Sierra Land are referred to collectively as
("Owner").
RECITALS
A. City and Lin Family are parties to an agreement entitled Improvement and
Maintenance Agi-eement for Box Culvert to Channel Drainage from Dublin Ranch, .dated
October 7, 2003 ("the Agreement").
B. Lin Family is the owner of certain land within the City of Dublin, known as
Dublin Ranch. The City has approved certain development projects in Dublin Ranch that
require the construction of a box culvert alor~g the north side of/-580 to drain Dublin Ranci~
("the Improvements").
C. Sierra Land is a lega~ entity controlled by the Lin Family that' the Lin Family
propose to use to construct the Improvements. Sierra Land was not a party to the
Agreement.
D. By this Amendment, the parties intend to include Sierra Land as e party to the
Agreement to authorize Sierra Land to provide the security required by Section 3 of the
Agreement.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of
the mutual promises, obligations and covenants herein contained, City and Owner agree to
amend the Agreement as follows:
AGREEMENT
Section 1. Inclusion of Sierra Land as a Party. The term "Owner" as used in the
Agreement shall be.deemed to refer to both the Lin Family and Sierra Land.
FirstAmendment to improvement and Maintenance Agreement
For Box Culvert to Channel Drainage from Dublin Ranch Page 3,o~ ~.
Section 2. All other terrds of the Agreement Shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date and year first above written.
CITY OF DUBLIN OWNER
Janet Lockhart, Mayor Chah~ Su-"O-Un ~ '~ ..~,.,¢~
(also known as Jennifer Lin)×~
Date:
Date: /- '~ .-
ATTEST: ~~~'/~[~ ,
(also known as Frededch or Frederic Lin)
By:
Kay Keck, City Clerk Date: ~ ~ o
Ho~g Yao din ~¢/~~,~
(also known as Kevin Lin)
Approved as to Form: Date: '/'~ ~-- ¢
SlER~ND DEVELOPMENT
~COR TION ·
Elizabeth H. Silver, City AEorney ~' ..... _ .
Jame~¢ng, Secretaw ,
Date/'/ ... /~~ ¢%
First Amendment to Improvement and Maintenance Agreement
For Box Culvert to Channel Drainage from Dublin Ranch Page 2of 2