HomeMy WebLinkAboutReso 20-26 Item 5.5 Authorizing Application Affordable Housing and Sustainable Communities Program-AReso. No. 20-26, Item 5.5, Adopted 04/07/2026 Page 1 of 3
RESOLUTION NO. 20– 26
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DUBLIN
AUTHORIZING APPLICATION FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES
PROGRAM AND APPROVING THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES CO -
APPLICANTS’ AGREEMENT
WHEREAS, on August 10, 2021, the Planning Commission approved the Site Development
Review Permit for the proposed 300-unit Amador Station Affordable Housing Project (Project) by BRIDGE
Dublin, LLC, on a 3.6-acre vacant property owned by the San Francisco Bay Area Rapid Transit District
(BART) on Golden Gate Drive, adjacent to the West Dublin/Pleasanton BART Station. The Site
Development Review Permit approval was contingent upon subsequent approval of a Community
Benefit Program Agreement by the City Council; and
WHEREAS, on September 21, 2021, the City Council approved the Community Benefit Program
Agreement and Affordable Housing Assistance Agreement between the City and BRIDGE Dublin, LLC;
and
WHEREAS, BRIDGE Dublin, LLC, has subsequently partnered with The Related Companies of
California, LLC, a for profit affordable housing developer; and
WHEREAS, on February 21, 2023, the City Council approved amendments to the Community
Benefit Program Agreement and Affordable Housing Assistance Agreement between the City and The
Related Companies of California, LLC; and
WHEREAS, the State of California, the Strategic Growth Council (SGC) and the Department of
Housing and Community Development (Department) issued a Notice of Funding Availability on March
4, 2026 (NOFA), under the Affordable Housing and Sustainable Communities (AHSC) Program
established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200;
and
WHEREAS, The Related Companies of California, LLC, engaged the City to partner on the AHSC
Program grant application to prepare a complete and competitive application; and
WHEREAS, The Related Companies of California, LLC, and the City (Applicant) desire to apply
for AHSC Program grant funds and submit the application released by the Department for the AHSC
Program; and
WHEREAS, The Related Companies of California, LLC, and the City desire to enter into an
Affordable Housing and Sustainable Communities Program Co-Applicants’ Agreement (Agreement),
attached hereto as Exhibit A to this Resolution, that defines the terms and responsibilities for the City
and The Related Companies, LLC, to implement and deliver their respective improvements to comply
with the AHSC Program requirements; and
WHEREAS, the AHSC Program Application includes up to $5,000,000, for bicycle and pedestrian
infrastructure improvements in the City; and
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Reso. No. 20-26, Item 5.5, Adopted 04/07/2026 Page 2 of 3
WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject
to the terms and conditions of the NOFA, AHSC Program Guidelines, Application, and Agreement and
the Department is authorized to administer the approved funding allocations of the AHSC Program.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made
a part of this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby make the
following findings and determinations:
1. Applicant is hereby authorized and directed to apply for and submit to the Department the
AHSC Program application as detailed in the NOFA dated March 4, 2026, for Round 10 in a
total amount not to exceed $50,000,000 of which up to $35,000,000 is requested as a loan
for an Affordable Housing Development (AHD) (“AHSC Loan”) or Housing-Related
Infrastructure, and $15,000,000 is requested for a grant for Sustainable Transportation
Infrastructure or Program activities (“AHSC Grant”) as defined in the AHSC Program
Guidelines adopted by SGC on Feb. 25, 2026. If the application is approved, the Applicant
is hereby authorized and directed to enter into, execute, and deliver an Agreement in a total
amount not to exceed $50,000,000 ($35,000,000 for the AHSC Loan and $15,000,000 for
the AHSC Grant), and any and all other documents required or deemed necessary or
appropriate to secure the AHSC Program grant funds from the Department, and all
amendments thereto (collectively, the “AHSC Documents”).
2. Applicant shall be subject to the terms and conditions as specified in the Agreement.
Grant funds are to be used for allowable capital asset project expenditures to be
identified in Exhibit A of the Agreement. The Application in full is incorporated as part of
the Agreement. Any and all activities funded, information provided, and timelines
represented in the Application are enforceable through the Agreement. Applicant hereby
agrees to use the funds for eligible capital asset(s) in the manner presented in the
application as approved by the Department and in accordance with the NOFA and AHSC
Program Guidelines and Application.
3. The City Manager or designee is authorized to execute in the name of Applicant the AHSC
Program Application and the AHSC Program Documents as required by the Department for
participation in the AHSC Program.
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Reso. No. 20-26, Item 5.5, Adopted 04/07/2026 Page 3 of 3
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the
Affordable Housing and Sustainable Communities Program Co-applicants’ Agreement, attached hereto
as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the
Agreement, attached here to Exhibit A, and make any necessary, non-substantive changes to Exhibit A
carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 7th day
of April 2026 by the following vote:
AYES: Councilmembers Josey, McCorriston, Morada, and Qaadri
NOES:
ABSENT: Mayor Hu
ABSTAIN:
_____________________________
Mayor Pro Tempore
ATTEST:
___________________________
City Clerk
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Exhibit A to the Resolution
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AHSC CO-APPLICANTS’ AGREEMENT
This AHSC Co-Applicants' Agreement (the “Agreement”) is made as of , 2026, by and amongst
the City of Dublin (the “City”) and The Related Companies of California, LLC, a California limited liability
company (the “Developer”) with reference to the following facts and purposes:
RECITALS
A. Developer intends to develop that certain real property located in the City of Dublin (the
“Property”) commonly referred to as (the “Project”). Developer has
formed Amador Station Phase 1 Housing Partners, LP, a California limited partnership
(Partnership), who will own and operate the Project.
B. The State of California, the Strategic Growth Council (SGC) and the Department of Housing and
Community Development (HCD) issued a Notice of Funding Availability dated March 4, 2026
(the AHSC NOFA), under the Affordable Housing and Sustainable Communities (AHSC)
Program established under Division 44, Part 1 of the Public Resources Code, commencing with
Section 75200.
C. Developer and the City, as co-applicants, jointly applied for funds under the AHSC NOFA to
provide funding for the Project, as well as funding for transportation- related public improvements
to be constructed by the City.
D. HCD awarded Developer and the City an aggregate amount of $ up to
$50,000,000 in AHSC Program Funds consisting of (A) $ up to $35,000,000 for a
permanent loan for the Project (AHSC Loan) and (B) $up to $50,000,00 for a
grant (AHSC Grant), which shall be used for: (i) $up to $5,000,000 for
construction of the City’s Sustainable Transportation Infrastructure improvements (STI
Improvements). The AHSC Grant and the AHSC Loan are collectively referred to herein as the
“AHSC Financing.”
E. As co-applicants, the City and Developer are required to enter into certain agreements with HCD,
including but not limited to standard agreements and a disbursement agreement (collectively, the
AHSC Documents), where City and Developer will be jointly and severally liable for the full and
timely performance of all obligations set forth in the AHSC Documents, including completion of
the Project and the STI Improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the
parties hereto agree as follows:
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AGREEMENT
1. Obligations
1.1. The City and Developer each acknowledge and agree that the inability or failure by either
party to fully and timely complete each party’s respective improvements required by the AHSC
Documents may affect the timing and right of the other party to receive disbursement of AHSC
Financing due the other party notwithstanding the other party’s full and timely performance of its
obligations. Developer has informed the City and the City acknowledges that if the City is not in
compliance with the City’s obligations under the AHSC Documents, or the STI Improvements are not
completed in accordance with the requirements and schedule under the AHSC Documents, the City may
cause a default under AHSC Documents, and the documents evidencing the Partnership’s loans and
financing for the Project (the “Partnership Financing Documents”). The City and Developer each
acknowledge and agree that each, for itself, will exercise all commercially reasonable, good faith efforts
to do all things at all times necessary to commence and complete each party’s own improvements in
accordance with the AHSC Documents. The City and Developer agree to give the other party a written
monthly status report on the improvements to be constructed and/or installed by each party, i.e.,
Developer will report on the Partnership’s progress on the Project, and the City will report on the
progress of the STI Improvements.
1.2. If requested by either party, the other party will make available copies of approved design
and construction documents, written public notices, and/or construction contracts. If either party
anticipates not meeting the targeted construction and grant disbursement milestones as established in
the AHSC Documents, that party will notify the other party in writing. If either party anticipates not
being able to meet the required milestone dates as established in the AHSC Documents, that party will
contact the other party as soon as is reasonably possible to discuss the reasons why the milestone dates
may not be met and what actions the delayed party intends to take to meet the milestones or otherwise
rectify the Project schedule in order to maintain good standing with the terms and conditions established
in the AHSC Documents.
1.3. The City shall submit to HCD all draw requests for AHSC Grant funds for the costs
associated with the STI Improvements, and apply such proceeds to pay invoices for such work. The
City shall be solely responsible for the performance and completion of the STI Improvements in
accordance with the terms of the AHSC Documents and the approved design and construction
documents. The Partnership shall be solely responsible for the performance and completion of the
Project in accordance with the terms of the AHSC Documents and the approved design and construction
documents.
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1.4. The City will provide Developer with copies of all requisitions for work related to the STI
Improvements, the notice of completion, and other documents related to the STI Improvements that
Developer may reasonably request.
1.5. Developer assumes responsibility for any monitoring or reporting of reductions in
greenhouse gas emissions during the term of the Standard Grant Agreement, which is one of the AHSC
Documents. The City will cooperate with Developer and assist in responding to any reporting requests
to the extent feasible.
2. Term of Agreement
The term of this Agreement shall coincide with the term of the AHSC Documents.
3. Developer Indemnification
3.1 Developer shall indemnify, defend (with counsel approved by City), and hold the City and
its officers, directors, employees, agents, consultants (collectively, “City Indemnitees”) harmless from
and against any and all claims, losses, costs, damages, liability and judgments, including reasonable
attorneys’ fees (with counsel of City’s choice), incurred by or asserted against any City Indemnitees
arising in connection with any breach by Developer, the Partnership, any affiliate of Developer, or any
contractor, subcontractor, agent or employee of Developer, the Partnership or any affiliate of Developer
of any term or condition of the AHSC Financing, including the AHSC Documents and any related
documents executed by Developer, the Partnership, or any affiliate of Developer; provided, that
Developer’s indemnification obligations under this Agreement shall not extend to claims resulting
solely from the gross negligence or willful misconduct of City Indemnitees. It is further agreed that City
does not and shall not waive any rights against Developer or the Partnership that it may have by reason
of this indemnity and hold harmless agreement because of City’s acceptance, or Developer’s or the
Partnership’s deposit with City of any of the insurance policies.
3.2 City shall indemnify, defend (with counsel approved by Developer), and hold the
Developer, the Partnership and their respective officers, directors, employees, agents, consultants and
partners (collectively, “Developer Indemnitees”) harmless from and against any and all claims, losses,
costs, damages, liability and judgments, including reasonable attorneys’ fees (with counsel of
Developer’s choice), incurred by or asserted against any Developer Indemnitees arising in connection
with any breach by City, or any division, department, office, contractor, subcontractor, agent or
employee of City of any term or condition of the AHSC Financing, including the AHSC Documents,
and any related documents executed by City; provided, that City’s indemnification obligations under
this Agreement shall not extend to claims resulting solely from the gross negligence or willful
misconduct of Developer Indemnitees. It is further agreed that Developer does not and shall not waive
any rights against City that it may have by reason of this indemnity and hold harmless agreement
because of Developer’s acceptance, or City’s deposit with Developer of any of the insurance policies.
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4. Cost Overruns
Developer and/or the Partnership shall be responsible for paying all costs required to complete the Project
irrespective of whether such costs exceed the AHSC Loan proceeds, and the City shall be responsible for
paying all costs required to complete the STI Improvements irrespective of whether such costs exceed the
AHSC Grant proceeds allocated to the STI Improvements.
5. General Provisions
5.1. Headings. The title and headings of the various Sections of this Agreement are intended for
means of reference and are not intended to place any construction on the provisions of this Agreement.
5.2. Invalidity. If any provision of this Agreement shall be invalid or unenforceable the
remaining provisions shall not be affected thereby, and every provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
5.3. Entire Agreement. The terms of this Agreement are intended by the parties hereto as a final
expression of their agreement and may not be contradicted by evidence of any prior or
contemporaneous agreement. No provision of this Agreement may be amended except by an agreement
in writing signed by the parties hereto or their respective successors in interest. The parties hereto were
represented by attorneys with regard to the drafting of this Agreement, and neither party shall be
deemed to be the drafter of this Agreement.
5.4. Successors. This Agreement shall be binding upon and inure to the benefit of the heirs,
executors, administrators, successors and assigns of the parties hereto.
5.5. Governing Law; Venue. This Agreement shall be governed by the law of the State of
California. Venue for all litigation relative to the formation, interpretation and performance of this
Agreement shall be in San Francisco.
5.6. Execution. This Agreement may be executed in multiple counterpart originals.
5.7. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed,
either by the parties hereto or by any third party, to create the relationship of principal and agent or
create any partnership, joint venture or other association between the City and Developer.
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5.8. Notices. All notices, including deliveries of documentation (i.e., plans and contracts) for
review and approval herein, shall be sent be a party hereto or its counsel by either personal delivery, a
reputable overnight courier which keeps receipts of delivery (such as UPS, CalOvernight, or Federal
Express), or through the facilities of the United States Post Office, postage prepaid, certified or
registered mail, return receipt requested. Any such notice shall be effective upon delivery, if delivered
by personal delivery or overnight courier, and 72 hours after dispatch, if mailed in accordance with the
above. Notice to the respective parties shall be sent to the following addresses unless written notice of a
change of address has been given pursuant hereto:
To Developer:
The Related Companies of California
44 Montgomery Street, Suite 1310
San Francisco, CA 94104
Attn: Ann Silverberg
To City:
Colleen Tribby
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
925-833-6000
5.9. Third Party Beneficiary. The Partnership is intended to be and shall be a third-party
beneficiary of this Agreement, and Developer and the City shall not amend, modify or terminate the
Agreement without the Partnership’s express written consent.
5.10. Compliance with Laws. Developer shall keep itself fully informed of the City’s Charter,
codes, ordinances and duly adopted rules and regulations of the City and of all state, and federal laws in
any manner affecting the performance of this Agreement, and must at all times comply with such local
codes, ordinances, and regulations and all applicable laws as they may be amended from time to time.
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IN WITNESS WHEREOF, the parties have executed this Agreement on or as of the date first
above written.
DEVELOPER:
The Related Companies of California, LLC, a
California limited liability company
By:
Ann Silverberg, Vice President
CITY:
City of Dublin
By:
Colleen Tribby
City Manager
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