HomeMy WebLinkAboutReso 83-05 I-580 Fallon Rd Improv
RESOLUTION NO. 83 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * . .
APPROVING AMENDMENT NO.3 TO AGREEMENT
WITH JENNIFER UN REGARDING DESIGN OF THE
T-580IFALLON ROAD INTERCHANGE IMPROVEMENTS
WHEREAS, a part of the mitigation for the Dublin Ranch developments in Areas A-E and F, G &
H requires improvement of the I-580/Fallon Road Interchange; and
WHEREAS, the City and Jennifer Lin have agreed to the preparation of design documents related
to this interchange including Amendments No. I and 2; and
WHEREAS, a credit against payment of future Category 2 Eastern Dublin Traffic Impact fees
will be provided to offset each of Jennifer Lin' s payments of costs related to the project;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council approves Amendment
No.3 to the Agreement with Jennifer Lin regarding preparation of the expanded design scope and costs
for the I-580/Fallon Interchange Improvements project.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute Amendment No.3 to the
Agreement, attached hereto as E"hibit "A."
PASSED, APPROVED AND ADOPTED this 7th day ofJune, 2005.
AYES: Council members Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATdT:
4\\¡1l..-~~
ep ty CIty Clerk
O:\CC-MTOS\200:5.qtf.l\Iun\()(,-ú'7-O~\r-e!lO 83-O,S Lin design agmt amend #3_doc (rtern 4.6)
AMENDMENT NO.3 TO AGREEMENT BETWEEN JENNIFER UN AND CITY
OF DUBLIN REGARDING DESIGN OF THE I-SSO/FALLON ROAD
INTERCHANGE IMPROVEMENTS
.,~ ;:JVo-L-
THIS THIRD AMENDMENT is entered into this~ day o~, 2005,
between the City of Dublin, a municipal corporation ("City") and Jennifer Lin
("Lin"). (Collectively, City and Lin are referred to as "the Parties.")
RECITALS
A. The Parties are parties to a certain agreement dated May 16, 2000,
and amended May 1, 2001, and September 21, 2004, entitled "Agreement
Between Jennifer Lin and City of Dublin Regarding Design and Construction of
the 1-58D/Fallon Road Interchange Improvements" ("the Agreement").
B. Pursuant to the Agreement, Lin deposited $1,380,252 to fund the
preparation of construction documents for the 1-580/Fallon Road Interchange
Improvements.
C. Caltrans has now required the City to include certain additional
improvements in the interchange design, some of which are Dublin-related and
some of which are Pleasanton-related, and the total cost of design for these
improvements is $218,171. Of this cost, $17,508 is Pleasanton-related, and the
City anticipates that Pleasanton would contribute this amount in the future.
D. In order to ensure the timely completion of the preparation of the
construction documents for the 1-580/Fallon Road Interchange improvements,
City has requested that Lin, and Lin has agreed to, provide an additional deposit
equal to $218,171, of which $17,508 shall be reimbursed to Lin upon receipt of
such funds from Pleasanton, pursuant to the terms set forth in the Agreement
and this Third Amendment.
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree to amend the Agreement as follows:
AGREEMENT
Section 1. Paragraph 2 of the Agreement is amended to read as
follows:
"Lin has deposited a total of $1 ,598,423 with the City pursuant to the
terms of this Agreement that City will use to cover City's costs of the construction
document preparation as set forth in paragraph 1 above. City anticipates
receiving from the City of Pleasanton $109,603 associated with the design of the
interchange project ("the Pleasanton Contribution"). Within 30 days' of its receipt
Amendment No. 3 to Lln Agroemont Regarding
Deolgn of I-e8OIFallon Road Interchange
May 17, 2005
Page 1 of 1
of the Pleasanton Contribution (or any portion thereof) from the City of
Pleasanton, City agrees to pay to Lin the Pleasanton Contribution(or any portion
thereof). The City has no duty to reimburse Lin in the event that the City of
Pleasanton does not make the Pleasanton Contribution. Any funds remaining
from the deposit shall be returned to Lin following completion of the construction
documents."
Section 3. The following sentence is hereby added to the end of the first
sentence of Paragraph 3 of the Agreement:
"Notwithstanding the foregoing, Lin shall receive no TIF credit for its
$109,603 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.
Janet Lockhart, Mayor
LlN
CITY OF DUBLIN
By:
es Tong,
orized Representative
ATTEST
Kay Keck, City Clerk
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