HomeMy WebLinkAboutReso 66-11 Afford House Agmt AmendRESOLUTION NO. 66 -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE FIRST AMENDMENT TO AMENDED AND RESTATED SUBSEQUENT
AFFORDABLE HOUSING AGREEMENT FOR THE CONSTRUCTION OF INCLUSIONARY
UNITS AND PAYMENT OF FEES IN LIEU OF CONSTRUCTING INCLUSIONARY HOUSING
UNITS
WHEREAS, Dublin RE Investors, LLC and Braddock and Logan Group II, L.P.
(collectively the Developer) are the owners of several parcels of land within Fallon Village that
are known as Positano and consists of 1,043 residential lots; and
WHEREAS, an Affordable Housing Agreement is required by the Inclusionary Zoning
Regulations of City of Dublin Zoning Ordinance (Chapter 8.68); and ~
WHEREAS, the Developer proposed a comprehensive affordable housing proposal to
address the requirements of the Inclusionary Zoning Ordinance for the entire Positano
development and said proposal includes alternative methods of compliance with the
Inclusionary Zoning Regulations; and
WHEREAS, the City Council held a public meeting on October 18, 2005, to review the
affordable housing proposal, and the City Council directed Staff to work with the Developer to
refine the affordable housing proposal; and
WHEREAS, the City and the Developer subsequently entered into an Affordable Housing
Agreement for the Construction of Inclusionary Units in the First Phase of the Positano
development, consisting of 416 lots, dated June 5, 2007, as .amended on June 17, 2008,
November 4, 2008, June 16, 2009, October 20, 2009, January 2010, March 25, 2010, and
August 17, 2010 ("the First Phase Agreement"), wherein the Developer agreed to construct a
total of 53 affordable units (11 single-family detached homes and 41 secondary units); and ~
WHEREAS, subsequently, the City and Developer entered into a Subsequent Affordable
Housing Agreement for the Construction of Inclusionary Units and Payment of Fees In Lieu of
Constructing Inclusionary Housing Units, dated November 4, 2008, as amended on March 25,
2010 ("the Subsequent AgreemenY'), for the remaining 627 lots of Positano known as the
Subsequent Phase; and
WHEREAS, the Subsequent Agreement provided that Developer would satisfy its
affordable housing obligations in the Subsequent Phase by. among other things constructing a
78-unit offsite affordable housing project; and
WHEREAS, the Developer determined that the offsite project was infeasible, and it and
the City entered into an Amended and Restated Subsequent Affordable Housing Agreement
that requires the construction of 41 1-bedroom, low-income, Second Units in the Subsequent
Phase and the payment of a$1,938,760 fee in-lieu of construction; and
Page 1 of 2
WHEREAS, Developer now desires to alter the location of the some of the 41 Second
Units of which the Subsequent Agreement requires construction; and
WHEREAS, the Project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, a Staff Report dated June 7, 2011, and incorporated herein by reference,
described and analyzed the proposed amendment to the Affordable hiousing Agreement; and
WHEREAS, the City Council did use its independent judgment and consider all said
reports, recommendations and testimony.
NOW, THEREFORE, BE IT RESOLVED that:
A. The City Council of the City of Dublin does hereby approve the First Amendment
to the Amended and Restated Subsequent Agreement attached hereto as Exhibit A.
B. The City Manager is authorized to execute the First Amendment to the Amended
and Restated Subsequent Agreement attached hereto as Exhibit A including the
accompanying memorandum of the agreement.
PASSED, APPROVED AND ADOPTED this 7th day of June 2011, by the following vote:
AYES: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hildenbrand
ABSTAIN: None
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Mayor
ATTE :
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'DE T `( City Clerk
Reso No. 66-11, Adopted 6-7-11, Item 4.11 Page 2 of 2
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AMENDMENT NO.1 TO AMENDED AND RESTATED
SUSSEQUENT AFFORDABI,E I30USING AGREEMENT
FOR TI~E CONSTRUCTION OF INCLUSIONA,RY LTNITS AND PAYMENT OF FEES
IN LIEU OF CONSTI2UCTING INCLUSIONARY HOU5ING ITNITS
Dublin RE Investors, LLC and Braddock and Logan Group II, L.P.
Subsequent Phase (62'1 Residen4ial Lots) of tbe Positano Project
'I'~IS F~tST ANIENBDNdEEN~' to the Amended and Restated Subsequent Affordable
Housing Agreement for the Construction of Inclusionary Units and Payment Of Fees In Lieu Of
Constructing Inclusionary Housing Units, dated August 17, 2010, is hereby entered into thi.s 7th
day of June, 2011 by and among the City of Dublin ("the City"), Dublin RE Investors, LLC, a
Califomia limited liability company and Braddock & Logan Group II, L.P., a Califomia linnited
partnership (collectively, "the Developer").
Recitals
1. City and Developer are parties to an Amended and Restated Subsequent Affordable
Housing Agreement for the Construction of Inclusionary Units and Payment of Fees In Lieu of
Constructing Inclusionary Housing Units, dated August 17, 2010 ("the Agreement"). The
Agreement sets forth the manner of Developer's compliance with the Inclusionary Zoning
Regulations contained in Chapter 8.68 of the Dublin Municipal Code ("the Regulations") for the
1043 residential lot development project being pursued by Developer. The Agreement governs
627 residential lots, referred to as the Subsequent Phase, while the other 416 residential paxcels,
referred to as the First Phase, are govemed by a separate agreement among the parties.
2. The Agreement requires, among other things, that with respect to the Subsequent
Phase of the Project that is encompassed by the Agreement, Developer construct 4l 1-bedroom,
low-income, Second Units in the Subsequent Phase, as defined, in the locations depicted in
Exhibit 3 to the Agreement.
3. Developer now desires to amend the Agreement as needed in order to change the
location of the Second Units depicted in Exhibit 3 to the Agreement.
4. The City is agreeable to the proposed change and fmds that the inclusionary units will
continue to be dispersed throughout the development as required by the Regulations.
NOW, TH~~FOI2~; Developer and City for themselves and their respective
successors and assigns hereby agree as follows: ..
Section 1. ~ Amendment of Section 3. b. i of the Agreement. Section 3.b.i of the Agreement
is. amended to read as follows:
~ "i. Exhibit 3("the Location Diagram") depicts the location of the 41
1-bedroom, Second Units to be constructed in a portion of the Subsequent Phase referred
to as Neighborhood C3, the D Neighborhoods. Developer may request that the
Amendment No. I to Amended and Restated
Subsequent Affordable Housing Agreement
for the Positano Pro ect '
EXI~IBIT A TO
ATTACHMENT 4
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Community Development Director approve changes to the Location Diagram that alter
the location of the Second Units. Upon the Community Development Director's
approval, which shall be administrative, the revised Location Diagram shall be
automatically i.ncorporated into this agreement as Exhibit 3, replacing the previous
Exhibit 3. In approving any revised Location Diagram, the Community Development
Director shall find (a) that the Location Diagram shows 20 Second Units in
Neighborhood C3 and 21 Second Units in the D Neighborhoods; and (b) that the
Inclusionary Units are "reasonably dispersed" throughout Neighborhood C3 and the D
Neighborhoods, as required by Section 8.68.030.E of the Regulations."
Section 2. Amendme~zt ofExhibit 3. Ezhabit 3 of the Agreement is hereby replaced with
Ezhibat A to this Agreement.
Section 3. All other provisions 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
By:
Attest:
Joni Pattillo, City Manager
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
DEVELOPER
DUBLIN RE 1NVESTORS, LLC
a California limited liability company
By: Braddock and Logan Services, Inc.
a California corporation
Its: Manager
By:
oseph E. Raphel
Its: President
BRADDOCK & LOGAN GROUP II, L.P.
A California limited partnership
By: Braddock and Logan Services, Inc.
a California corporation
Its: General Partner
By:
oseph E. Ra el
Its: President
I624757.1
~ Amendment No. 1 to Amended and Restated
Subsequent Affordable Housing Agreement
2 for the Positano Project
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Revised Exhibit 3 to the Agreement
["Diagram and Location of Inclusionary Units in the Subsequent Phase of the Project"]
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Revised Memorandum of Affordable Housing Agreement for the Construction of Inclusionary
Units and the Payment of Fees In-Lieu of Constructing Inclusionary Housing Units
1 l8'
RECORDING REQUESTED BY:
CI~'Y OF DiJ~I.IN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
NIEM~~tAIlTD~ OF AlVdEIVdDEID A1VY~ ~S'TATED
Si1~SE~~1~T A~"FORIDA~I.E gI0USII~TG AG~EIVIENT
FOR 'TI~ COlVSTItIJCT'IOlV O~' ~PTCI,iJSIONARX ITNI'g'S AN~ ~AX1V~N'g' OF ~EES
IN LIEU OF CONSTRgTC'~ING INCI,iJSIO1~TA1tY ~IOiTSIPTG ZTNd~'S
Dubla~ ~ d~nvestors, I,LC and ~r~ddock and Logan Group II, ~.,.P,
S~nbsequeaat Ph~se (627 ResacYen~aal I.ots) of the Positano ]Project
This Memorandum of Subsequent AfFordable Housing Agreement for the Construction of
Inclusionary Units and the Payment of Fees In-Lieu of Constructing Inclusionary Units (this
"Memorandum") is entered into on this 7th day of June, 2011, by and among the City of Dublin,
a municipal corporation (hereafter "City") and Dublin RE Investors, LLC, a California limited
liability company, and Braddock & Logan Group II, L.P., a California limited partnership
(collectively, "the Developer").
1. Pursuant to the Amended and Restated Subsequent Affordable Housing
Agreement for the Construction of Inclusionary Units and Payment of Fees In Lieu of
Constructing Inclusionary Housing Units, dated as of August 17, 2010, by and between City and
Deyeloper, as amended by Amendment No. 1 to said agreement, dated June 7, 2011 (the
"Agreement"), the Parties have set forth their respective obligations with respect to the provision
of affordable units on lands presently owned by Developer, a portion of the 1043 residential
parcel Positano Project (the "Project") , and more specifically described in Exiiibit A(the
"Property"). These obligations run with the land.
2. The City. and the Developer are parties to a certain Affordable Housing
Agreement that sets ~ut the specific obligations for the construction of Inclusionary Units and
payment of fees in lieu thereof in conjunction with the a 416 residential parcel phase of the ~
Project ("the Initial Agreement"). The Initial Agreement anticipates the parties entering into a
subsequent affordable housing agreement setting forth the manner in which the Regulations will
be complied with for the remainder of the Pioject, .
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3. The Agreement sets out the specific obligations for the construction of
Inclusionary Units and payment of fees in lieu thereof in conjunction with a subsequent 627
residential parcel phase of the development of the Project. The Agreement also obligates the
Developer to make a Community Benefit Payment, as described in the Agreement, prior to
issuance of building pernuts for each residential unit (excepting Second Units) within the
Subsequent Phase.
4. Developer and City have executed and recorded this instrument to give notice of
the Agreement, and the respective rights and obligations of Developer and City. The
unrecorded Subsequent Affordable Housing Agreement for the Construction of Inclusionary
Units and Payment of Fees in Lieu of Constructing Inclusionary Housing Units, as amended, is
incorporated by reference in its entirety in this Memorandum.
S. This Memorandum shall bind and inure to the benefit of the parties and their
respective heirs, successors and assigns, subject however to restrictions set forth in the
Agreement regarding assignment.
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
By:
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
DUBLIN RE INVESTORS, LLC
a California limited liability company
By: Braddock and Logan Services, Inc.
a California corporation
Its Manager
By: ~
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Its:
BR.ADDOCK & LOGAN GROUP II, L.P.
A California limited partnership
By: Braddock and Logan Services, Inc.
a California corporation
Its General Partner
By:
N .
Its:
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CALIF~RNIA- /~LL-PURPOSE ACKi~iOWLEDGMENT
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NANCY E. EMBREY which the person~ acted, executed the instrument.
Commission # 1859710
a-~ • Notary Pubtic - California z
z• D I certify under PENALTY OF PERJURY under the laws
z •• Contra costa County of the State of California that the foregoing paragraph is
My Comm. Expires Aug 1, 2013 true and correct.
WITNESS my hand and official seal.
Signature ~ < "
Place Notary Seal Above SignaWre of Notary Public
OPTIONLI L
Though the information below is nof required by law, it may prove valuable to persons relying on the document
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Description of Attached Document ~~~~ ~ ~u~ !~-
Title or Type of Document:
Document Date:
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Signer's Name: ~~ S ~~ ~ ~(~ /\v\
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CALIFORPiIA ALL-PIJRPOSE ACKP~OVIiLEDGMENT
State of California ~ ~
County of C~ll~1'f l~~ C p S~( ~
On J I?~o I~~ ~ before me, !V /~~~ ~~ ~+Nl~u~'~~ Nc1"f~}~ PJ ~L I G,
Date Here Insert Name and ~iU o1 the OHicer
personal ly appeared J~' S~ P N ~' ~J~ ~-} P,L{- ~" 1~.
NANCY E. EMBREY
Commission # 1859710
Z-r Notary Public - California z
= Contra Costa County -
My Comm. Ex ires Aug 1, 2013
Place Natary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person~) whose name is subscribed to the
within instrument and acknowledged to me that
Qa~/she~t~iep executed the same in is herf~eir authorized
capaciry~a~and that by ~ij~1'her~re~signature(~S} on the
instrument the person(g~, or the entity upon behalf of
which the person(~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature ~ • ~
. Signatwe o( Notary Pubfic
OPTIONAL
Though the informaSon below is not required by law, it may prove valuable to persons re/ying on the document
and could prevent fraudulent removal and reattachment of this lorm to another document.
Description of Atta hed Document ~-~"'( ~~~'~-~` ~ L
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