HomeMy WebLinkAboutReso 08-26 Approving indemnity agreement City of Dublin and County Alameda Regional St Sr Affordable Housing
Reso. No. 08-26, Item 5.2, Adopted 03/03/2026 Page 1 of 2
RESOLUTION NO. 08 – 26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN INDEMNITY AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF
ALAMEDA RELATED TO THE REGIONAL STREET SENIOR AFFORDABLE HOUSING PROJECT
WHEREAS, Regional Street Investors, L.P. (formerly Corona/Ely Ranch, Inc.) is developing a
113-unit senior affordable housing project located at 7750 Saint Patrick Way in the City of Dublin (the
“Project”); and
WHEREAS, the City has supported the Project through the conveyance of City-owned land, the
provision of local financing, and the execution of an Affordable Housing Assistance Agreement and related
regulatory agreements; and
WHEREAS, Alameda County has committed to provide construction and permanent financing for
the Project using Measure A-1 bond proceeds; and
WHEREAS, Alameda County’s Measure A-1 Implementation Policies require a countywide
residency preference unless a participating city satisfies specified criteria to apply a sub-regional
live/work preference, including the completion of a displacement study and an agreement to indemnify
the County; and
WHERAS, the City, in coordination with the cities of Pleasanton and Livermore, commissioned the
Tri-Valley Displacement Report dated May 6, 2019, which demonstrates existing and potential
displacement of lower-income households and supports the need for a Tri-Valley residency preference
consistent with fair housing laws; and
WHEREAS, the proposed Indemnity Agreement satisfies Alameda County’s remaining requirement
by obligating the City to defend and indemnify the County against claims arising from the application of a
Tri-Valley residency preference for the Project; and
WHEREAS, approval of the Indemnity Agreement will allow the Project to apply a Tri -Valley
residency preference for units funded with Measure A-1 proceeds, thereby supporting the City’s affordable
housing and anti-displacement goals.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the
Indemnity Agreement between the City of Dublin and the County of Alameda Related to the Regional Street
Senior Affordable Housing Project attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Indemnity
Agreement in substantially the form attached hereto as Exhibit A, and to make any necessary, non-
substantive changes to carry out the intent of this Resolution.
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Reso. No. 08-26, Item 5.2, Adopted 03/03/2026 Page 2 of 2
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 3rd day of
March, 2026 by the following vote:
AYES: Councilmembers Josey, McCorriston, Qaadri and Mayor Hu
NOES:
ABSENT: Councilmember Morada
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2
Exhibit A to the Resolution
1515\20\2110177.2
4/26/2017
INDEMNITY AGREEMENT
This Indemnity Agreement ("Agreement") is entered into effective as of
_______________, 2026, by and between the County of Alameda, a political subdivision of the
State of California ("County") and the City of Dublin, a municipal corporation ("City"). The
City and the County are collectively referred to herein as the “Parties.”
RECITALS
A. Regional Street Investors, L.P. (formerly Corona/Ely Ranch, Inc.), (the “Owner”)
is the owner of certain real property located at 6541 Regional Street in the City of Dublin,
County of Alameda, known as Alameda County Assessor’s Parcel No. 941-1500-025-00 (the
"Property").
B. Pursuant to that certain Affordable Housing Assistance Agreement (the “AHAA”)
executed by and between City of Dublin and Regional Street Investors, L.P., (the "Developer"),
the City conveyed the Property to Owner to construct a 113-unit affordable multi-family
residential development thereon (the "Project").
C. In addition to providing a 1.33-acre site valued at approximately Five Million
Dollars ($5,000,000), the City secured a $3.33 Million Dollar ($3,333,333) Local Housing Trust
Fund (LHTF) loan, and the City has agreed to provide a predevelopment loan to Developer in the
amount of One Million Dollars ($1,000,000) for predevelopment of the Project (the “City
Predevelopment Loan”). In connection with the City Predevelopment Loan, City and
Developer executed and recorded a City Regulatory Agreement and Declaration of Restrictive
Covenants (“City Regulatory Agreement”).
D. The County has agreed to provide a construction/permanent loan to Developer
using Measure A1 bond proceeds (“Measure A1 Funds”) in the amount of Five Million Forty-
Eight Thousand Three Hundred Nineteen Dollars ($5,048,319) for development of the Project.
The County’s Implementation Policies for Measure A1 Funds in Rental Housing Development
Fund Policies, Part III, sub-section E-Fair Housing, provide that if a city wishes to use a sub-
regional live/work preference policy for projects financed with Measure A1 Funds, the city must
satisfy specified criteria (“County Requirements”), including: (i) the completion of a study
that demonstrates the occurrence of residential displacement within the city and that a sub-
regional live/work preference is needed to respond to or prevent displacement, and (ii) the city
must enter into an agreement obligating the city to defend and indemnify the County against
claims or litigation that may arise in connection with such preference.
E. To satisfy the County Requirements, the City, together with the cities of
Pleasanton and Livermore, commissioned the preparation of the Tri-Valley Displacement Report
dated as of May 6, 2019, and prepared by Seifel Consulting, Inc. (the “Displacement Report”).
The Displacement Report demonstrates that: (i) the Tri-Valley has experienced and is at risk for
experiencing continued significant displacement of lower-income households, (ii) a Tri-Valley
preference is necessary to prevent additional displacement of lower-income households, (iii) a
Tri-Valley preference will not result in limits to access to housing by any individual protected
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class, and (iv) the lower-income population that will be eligible for residency in affordable
housing developments is more racially and ethnically diverse than the general population in the
study area.
F. This Agreement is intended to satisfy the County Requirements for
indemnification of the County against claims or litigation arising in connection with a Tri-Valley
preference.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Displacement Report – The City, together with the cities of Pleasanton and
Livermore, commissioned the preparation of the Displacement Report that meets the County
Requirements to complete a study that demonstrates the occurrence of residential displacement
within the three cities and that sub-regional live/work preferences are needed to respond to or
prevent displacement.
2. Cooperation in Event of Legal Challenge. In the event of an administrative, legal
or equitable action or other proceeding instituted by a third party challenging the validity of the
use of Measure A1 Funds for the Project or the Tri-Valley preference, the parties shall cooperate
in defending such action or proceeding, including in any settlement negotiations.
3. Indemnification by the City. The City agrees to indemnify, hold harmless, and
defend (by counsel selected by City and reasonably satisfactory to County) the County and its
elected and appointed officers, officials, employees, agents, and consultants from and against any
and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial
proceedings and orders, judgments, and expenses (including without limitation, reasonable
attorneys' fees and expenses) arising in connection with any claim or legal action alleging that
the Tri-Valley preference or the application thereof by the City violates applicable state, federal,
or local law, including but not limited to federal housing law.
4. Due Authorization. The City represents and warrants that: (i) all actions
necessary to authorize the execution of this Agreement and to undertake the actions
contemplated hereby have been undertaken, and (ii) the person(s) executing this agreement on
behalf of the City have been duly authorized to do so.
5. Waiver. No waiver of any provision of this Agreement shall be deemed to have
been made unless set forth in writing and signed by the party making the waiver.
6. Modifications in Writing. This Agreement may be modified or amended only by
an instrument in writing signed by the Parties.
7. Notices. Any notice to be delivered to the Parties pursuant to this Agreement shall
be in writing and delivered by personal, overnight express, or courier service, with a written
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receipt, or sent by registered or certified mail, postage prepaid, return receipt requested, and
addressed as follows, or to such other address as a Party may specify in written notice delivered to
the other Party in accordance with this Section.
County: County of Alameda
Housing and Community Development Department
224 West Winton Ave., Room 108
Hayward, CA 94544-1215
Attention: Director
City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attention: City Manager
8. Entire Agreement. This Agreement constitutes the final understanding and
agreement between the Parties with respect to the subject matter hereof and supersedes all prior
written or oral negotiations, understandings and agreements between the Parties with respect
thereto.
9. Severability. If any provision of this Agreement is declared by a court of
competent jurisdiction to be invalid or unenforceable, such provision shall be deemed severed
from this Agreement, and the remainder of this Agreement shall continue in full force and effect
as though such invalid or unenforceable provision had not been part of this Agreement.
10. Interpretation and Applicable Law. This Agreement shall be construed as though
prepared by both Parties. This Agreement shall be construed, interpreted, and governed by the
laws of the State of California.
11. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, and all of which taken together shall constitute one and the same agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
COUNTY OF ALAMEDA, a political
subdivision of the State of California
By:__________________________
Print Name: Michelle Starratt
Title: Director, Housing and Community
Development
ATTEST: ____________________
By:
APPROVED AS TO FORM:
Donna R. Ziegler, County Counsel
By: _________________________
Andrea L. Weddle
Chief Assistant County Counsel
CITY OF DUBLIN, a municipal corporation
By:__________________________
Colleen Tribby, City Manager
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:_________________________
John Bakker, City Attorney
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