HomeMy WebLinkAbout4.11 SchaeferRnchSchool
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 4,1998
SUBJECT:
School Mitigation Agreement between the Dublin Unified School
District and Schaefer Ranch Property Owner(s) qc-
(Report Prepared by: Carol R. Cirelli, Senior Planner)
EXIDBITSATTACHED:
1. School Mitigation Agreement
RECOMMENDATION: ./7.1k Approve the Dublin Unified School District and Schaefer Ranch
/' ~" School Mitigation Agreement; or give Staff direction and continue
the matter.
FINANCIAL STATEMENT: None
DESCRIPTION:
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The Schaefer Ranch General Plan Amendment (GP A) and Planned Development District Prezone (PD
Prezone) project was approved in July of 1996, and the annexation ofthe project property became
effective early this year. The Schaefer Ranch project is currently within the jurisdiction ofthe Castro
Valley Joint Unified School District (CVJUSD). The City's General Plan policy is to cooperate with the
Dublin Unified School District (DUSD) to ensure the adequate provision of school facilities within the
Extended Planning Areas (the Schaefer Ranch project is located within the Western Extended Planning
Area).
The Schaefer Ranch project will be generating additional students that will directly impact existing and
future school facilities, within either the CVJUSD or the DUSD. A mitigation measure of the Schaefer
Ranch GP AlPD Prezone Environmental Impact Report (EIR) requires the resolution of school district
boundaries prior to occupancy of any residential units within the project. The EIR also requires the
project's Development Agreement to provide for the applicant's payment of fees to cover the cost of
additional students generated by the project. Because statutory fees authorized by State law are
inadequate to mitigate the effects of new development on the DUSD and the CVJUSD, the City is
requiring the Schaefer Ranch project proponents to mitigate impacts on affected school districts required
to serve the student population generated by new development.
As a condition of the PD Prezone approval, the Schaefer Ranch property owner(s) are required to enter
into a written mitigation agreement with the affected school district and present satisfactory evidence of
. such agreement to the City. The Schaefer Ranch property owner(s) desire that the project be within the
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COPIES TO:
In-House Distribution
ITEMNO.~
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,"". ". -,-""""t5USD~~aWl1fpentioriT6'{the-tfansreiof'iheScliaefei Ranch property from-tl-ie'CViuSD, to the DUSD.
The Schaefer Ranch property owner(s) have agreed to enter into a school mitigation agreement wi'th the .
DUSD, in' part, for the DUSD's support for the petition'to effect the jurisdictional transfer.
In order to partially satisfy the requirements of the school mitigation condition, attached for your review .
and consideration is the school mitigation agreement between the DUSD and the Schaefer Ranch property
owner(s) (see agreement, Exhibit 1). This agreement establishes the method and manner of financing
and/or constructing school facilities necessary to service the student population generated by the Schaefer
Ranch development. The agreement addresses the level of mitigation necessary, the amount of any school
impact fees and the tiIpe of payment of any such fees, and similar matters. The City is also a party to the
agreement only for purposes of assuring uniformity among the different property owners and appropriate
land use planning.
The DUSD and Schaefer Ranch property owner(s) have signed the attached agreement. City staff
(planning Department and City Attorney) reviewed the agreement and determined that it is adequate for
the Mayor's signature.
Staff recommends City Council approval of the school mitigation agreement between the DUSD and the
Schaefer Ranch property owner(s).
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AGREEf\1ENT FOR THE f\llTIGATION OF DEVELOPMENT IMPACTS
UPON THE SCHOOL FACILITIES OF DUBLIN UNIFIED SCHOOL DISTRICT
THIS AGREEMENT FOR THE MITIGATION OF DEVELOPMENT IMPACTS UPON
SCHOOL FACILITIES (hereinafter "Agreement"), is entered into by and between Schaefer
Heights Associates, Robert J. Yohai, Sal S. Zagari, DelIDis Gibbs, Laurie Gibbs and Otto
Schaefer, Jr. (referred to as "Owner" or "Owners") and the Dublin Unified School District
(hereinafter "D istrict ").
RECIT ALS
\VHEREAS, Owners are the record owners of an uninhabited portion (hereinafter" Subject
Property") of approximately 500 acres in the West portion of Dublin, California, commonly
referred to as Schaefer Ranch. The Subject Property is more thoroughly described in the boundary
map attached hereto as Exhibit "A" and incorporated by reference;
WHEREAS, the Subject Property is currently in the Castro Valley Unified School District
(hereinafter "Castro Valley");
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"TllEREAS, Owners desire, and will petition for, the transfer ofthe Subject Property from
Castro Valley to the District (hereinafter "Jurisdictional Transfer");
\VIffiREAS, O\vners have agreed to enter into this Agreement, in part, for the District's
support for the petition to effect the Jurisdictional Transfer;
\VHEREAS, ~chool facilities are a part of the infrastructure necessary to serve future
residents of the Subject Pr"operty;
\VIffiREAS, both new residential and commercial/industrial development (collectively
"New Development") in the Subject Property will have a direct impact on existing and future
school facilities within District boundaries. These impacts '.vill require the construction of neW
facilities to house the additional student population generated by the New Development;
\VHEREAS, Owners and District (collectively referred to as "Parties") agree that state
funding for school construction is extremely limited and not likely to provide adequate monies for
the construction of new school facilities;
\VHEREAS, both the Schaefer Ranch General Plan Amendment .and the prezoning
conditions of approval require Owners to fully mitigate their impact'on school facilities caused by
. New Development in the Subject Property;
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\VHEREAS, the City's General Plan and the prezoning conditions of approval for the .
Subject Property require the City's participation in this Agreement for the limited purpose of
ensuring adequate and uniform school mitigation in Dublin;
\VHEREAS, this Agreement shall not be effective until approved by City, and such
approval shall be- ~videnced on page 15 of this Agreement;
\VHEREAS, in Februaty 1997, the District adopted a study entitled II 1996 Facilities
Master Plan Addendum" (hereinafter "Nexus"). The purpose of the Nexus was to establish a
mitigation amount which, if paid by a developer, would constirute full mitigation of the impacts
of development on schools. The full mitigation amounts justified by the Nexus are set forth in
Exhibit liB" which is attached hereto and incorporated by reference.
WHEREAS, Owners, in order to proceed with planned development, may be required to
obtain approval of maps, permits, annexations, rezoning application from a local goverrunent
agency, and other approvals or actions which may be subject to opposition from the District;
\VHEREAS, Owners desire that development move forward without opposition from
District, and District desires to secure a binding and enforceable Agreement from Owners which
provide sufficient funding for school facilities necessary to serve the residents of the development;
\VHEREAS, Owners desire to both fully mitigate the anticipated impacts caused by the .
New Development on school facilities and assure the existence of adequate school facilities for the
student population generated this development of the Subject Property by, entering into this
Agreement with District;
\VHEREAS, City, District and Owners desire that school facilities be timely funded and
. developed to provide adequate facilities for K-12 students expected to be generated by the planned
development consistent with th~ Nexus.
NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual promises
and covenants of the Parties contained in this Agreement, and in exchange for good and valuable
consideration, the receipt and adequacy ofw~ich is hereby acKnowledged, the Parties hereto agree
as follows:
A GREE1\ lENT
1. Recitals
The preceding recitals are incorporated herein as though fully set fort:A-:
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School Mitigation
By executing this Agreement, Owners agree to fully mitigate the school impacts created
by New Development in the Subject Property on the terms set forth herein. Accordingly, Owners
shall pay the District the mitigation amounts (hereinafter "School Mitigation Amount") as set forth
in Exhibit B.
a. Residential Development
The School Mitigation Amounts for residential development in the Subject Property
shall be adjusted annually, begirming January, 1999. This increase shall be determined
pursuant to the adjustment for inflation set forth in the statewide cost index for class B
construction (hereinafter "Index ") published by the State Allocation Board I s Office of
Public School Construction (hereinafter II SAB "). If the Index or the SAB discontinues
publication, the index used by the SAB, or its successor, shall be applied.
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For the purposes of computing inflationary increases for residential development,
Baseline is 1987 = 1.00. The Index for January, 1997 is 1.24. The inflationary
adjustment shall be computed with reference to the Baseline. Accordingly, increases shall
equal the Index's annual difference. For example, if the Index is 1.30 in January 1998,
the inflationary Index would equa14.8 % (1.30-1.24 = .06; .06/1.24 = .048; .048xlOO%
= 4.8%).
b. Commercial Industrial Development
The School Mitigation Amount for new commercial/industrial development shall
be the amount set forth in Exhibit B to this Agreement for commercial/industrial uses.
This amount shall be adjusted for inflation as set forth in Government Code section 65995.
c. Govenunent Code Sections 65995 and 53080
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If Government Code sections 65995 and 53080 are either repealed or amended to
change the maximum statutory school impact fees for commercial/industrial development,
the Parties expressly agree that the School Mitigation Amounts for commercial/industrial
development shall be the amounts set forth in this Agreement as adjusted for inflation.
d. Additional Miti2:ation
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Except as specifically provided for in both this Secti9n and Section 8, the School
Mitigation Amount shall not be modified during the term of this Agreement. Except as
provided in this Agreement, no additional or other mitigation for residential, commercial
or industria,l development shall be requested of Owner by the District.
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3.
No Offset
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District and Owner agree and acknowledge that the School Mitigation Amounts specified
in this Agreement reflect CUrrent levels of funding from the State of California. Because of these
State funding levels, additional funds must be raised from New Development. Should additional
governmental funding sources become available for school construction and/or site purchase,
District shall make every reasonable effort to pursue these additional funding sources.
a. Except as noted in this Sectfon, the School Mitigation Amounts shall not be offset
by the receipt of any monies from, or the waiver of any fees or expenses by, governmental
and/or private funding sources. Nor, shall there be any offset for any other funds that may
be received by the District that are required to or could be designated for school
construction. Additionally, except as noted in this Section, the School Mitigation Amounts
shall not be offset for bond monies that have been or may in the future be issued by the
State.
b. If the District receives any future governmental monies which may only be used for
new school construction, these dollars shall first be used to reduce and/or eliminate any
cash shortfall (hereinafter" Shortfall ") in school construction costs incurred by the District.
c. For the purposes of this Section, a Shortfall exists when the sum of (1) the revenue
from the mitigation actually collected, (2) the anticipated mitigation to be generated by the
remaining undeveloped properties in the District, and (3) available governmental funding,
is insufficient to build the facilities contemplated by the Nexus. Shortfall may be actual,
anticipated and/or projected. Determinations of anticipated and/or projected Shortfall shall
be based on the District's latest adopted Nexus when such governmental monies are
received.
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d. If one hundred percent .(100%) of the Shortfall is eliminated pursuant to Section
3.b., the School Mitigation Amounts shall be reduced with respect to remaining
development in the Subject Property to reflect an appropriate pro rated share of the excess
dollars received by District for District-wide use. Any reduction in the School Mitigation
Amounts in accordance with this Section shall be prospective. Accordingly, Owner shall
not be entitled to a credit for previously paid School Mitigation Amounts.
e. If, after the School Mitigation Amounts are reduced in accordance with Section 3. d,
the District incurs a Shortfall, the District may increase the School Mitigation Amounts to
eliminate the Shortfall. Any increase in School Mitigation Amounts shall not exceed the
School Mitigation Amounts (adjusted for inflation) set forth in Exhibit "B". Such increases
shall be applied prospectively. Accordingly, the District shall not be-entitled to collect
additional mitigation for previously underpaid School Mitigation Amounts.
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4.
Fulll\1itigation
Payment of the School Mitigation Amount in accordance with the terms of this Agreement
will fully mitigate Owners' impact on the school facilities of the District, and will relieve Owners
of any responsibility for additional school mitigation. District agrees that Owner shall have no
obligation to (a) provide any land, (b) furnish any equipment or other personal property; or (c)
provide any money for operation, maintenance or repair. District further agrees that in no event
(including, but not limited to, the enactment of any legislation authorizing additional mitigation
fees, the occurrence of currently unanticipated District capital facility needs or higher-than-
expected student generation rates) shall Owners be obligated to pay any fee or provide any
mitigation in excess of the School Mitigation Amounts set forth in Exhibit B.
5. Certificate of Compliance
As an express condition precedent to the receipt of a building permit, Owners shall tender
to the District payment of the School Mitigation Amount. Upon payment of the full School
Mitigation Amount, District shall provide Owner with a "Certificate of Compliance" indicating
payment of the School Mitigation Amount in full. District shall also forward copies of such
Certificates of Compliance to the City. No building permit shall be issued by City absent
presentation by Owner to City of a Certificate of Compliance provided, however, that if District
unreasonably delays issuance of the Certificate of Compliance to City and Owner offers proof of
payment of the amount which constitutes full mitigation to District, then City may issue permit
to Owner.
In the event that City issues a building permit without determining whether a Certificate
of Compliance has been issued, Owner shall pay the School Mitigation Amount in accordance with
the terms of this Agreement upon demand of District. Such payment shall not occur later than
issuance by City of a Certificate of Occupancy provided, ho\'vever, that if District unreasonably
delays issuance of the Certificate of Compliance to City and Owner offers proof of payment of the
amount which constitutes full mitigation to District, then City may issue permit to Owner.
6. Alternative 1\1itigation Option
As an alternative to payment of the Mitigation Amount, Owner may, at its option,
participate in the formation of a Mello-Roos Community Facilities District (hereinafter "CFD")
to finance Site acquisition and school construction. CFD formation shall require approval of the
District.
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The CFD, if formed, shall fully mitigate Owners' impacts on school facilities for those
homes included in the CFD and no further mitigation shall be required of Owner. Accordingly,
all aspects of CFD formation and administration shall be subject to approval by the District. Full
mitigation shall be based on the Mitigation Amounts set forth in Exhibit B.
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7.
Non-Opposition by Owners
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Owners agree to pay the School Mitigation Amount as required by this Agreement even
if future legislation or a final court judgment limits the type or amount of fees or charges that can
be collected by the District. Failure or refusal by Owners to pay the School Mitigation Amount
shall constitute a material breach of this Agreement.
By executing this Agreement, Owners further agree that they will not challenge the
validity, amount or application of the School Mitigation Amount to New Development in the
Subject Property. Additionally, Owners shall not challenge the existing Nexus or any
subsequently adopted Nexus report as they pertain to the Subject Property. Participation in any
challenge referenced above shall constitute a material breach of this Agreement.
8. Non-Opposition by District
In consideration of Owners' agreement to provide funding for adequate school facilities.
the District shall not oppose New Development in the Subject Property and shall inform the
appropriate bodies of relevant local agencies that Owners made provision, by execution of this
Agreement, to fully mitigate the anticipated impacts caused by their development on school
facilities. Additionally, District shall support Owners reorganization petition urging the
Jurisdictional Transfer.
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District recognizes that Owner may, in the future, apply to the City. for modifications to
the Schaefer Ranch General Plan Amendment for the Subject Property regarding the location,
number, and density of residential units permitted on the Subject Property to reflect changes in
market conditions. The Parties agree that, if such modifications occur, the Mitigation Amount
may not fully mitigate the impacts caused by New Development.
Accordingly, District shall not oppose (including taking any action described in the first
Paragraph of this Section) such modifications so long as the proposed total number of units and
the number of units within each of the density ranges on the Subject Property are not greater than
110 % of both the total number of units and the number of tmits within each of the density ranges
of the Schaefer Ranch General Plan Amendment as of the effective date of this Agreement. If
these proposed modifications exceed the 110% limit, District may withhold the issuance of
Certificates of Compliance until Owner makes additional provisions to fully mitigate the impacts,
if any, caused by the additional units.
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9.
Disclosure by Owners
Owners shall disclose this Agreement and its obligations to subsequent purchasers of the
Subject Property. This disclosure shall be made prior to Owner's assignment or sale of all or any
of its interest in the Subject Property. This disclosure shall state that the obligations hereunder
must be satisfied by direct disbursement of Mitigation (less any applicable credits) t~ the District.
If this Agreement and its obligations are not disclosed to a subsequent purchaser, Owners
shall be liable for the payment of the School Mitigation Amount as though they still owned the
Subject Property (or portion thereof). In such situations, the Owners shall indemnify District for
all costs incurred in collecting the School Mitigation Amount, including, but not limited to,
attorney's fees.
Owner's duty of disclosure pursuant to this Section shall be extinguished when all
Mitigation Amounts for the Subject Property have been paid to the District. If Owner sells or
assigns a portiones) of the Subject Property, the duty of disclosure for that portiones) shall be
extinguished when the Mitigation Amount for that portiones) has been paid.
Disclosure may be accomplished by recordation of the Agreement pursuant to Section 21
below.
Notwithstanding any provisions of this Agreement to the contrary, the provisions of this
Agreement shall terminate as to any residential or commercial unit for which the School Mitigation
Amount has been paid. Without the execution or recordation of any further document or
instrument, such unit shall be released from and no longer be subject to or burdened by the
provisions of this Agreement; provided, however, that the benefits of this Agreement shall
continue to run as to any such unit.
10. :Material Breach by Owners
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The District is entering into this Agreement in reliance upon the representation of Owners
that during the term of this Agreement they will not individually or collectively challenge, or
participate, encourage or support any challenge to the validity, amount, and/or applicability of the
School Mitigation Amount to the Subject Property, or any existing or future District school
facilities plans as they relate to the Subject Property. If Owners violate the covenants set forth in
this Agree~nt, or breach the tenns of the Agreement, the follollling consequences shall result:
a. Material Breach
If Owners' action or inaction constitutes a material breach of this Agreement,
District shall immediately suspend the issuance of Certificates of Compliance to Owners,
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and shall notify City of such suspension. This suspension shall remain in effect until the .
breach is cured. If the breach results from the failure of Owners to timely pay the School
Mitigation Amounts as required under this Agreement and such breach is not cured within
sixty (60) calendar days after notification to the Owners by the District, the Owners shall
pay the District liquidated damages as set forth in Section lO(b) below. For any other
breaches which remain uncured within sixty (60) calendar days after notificatipn to the
Owners by the District, the District shall be entitled to avail itself of any legal remedies
afforded it by law, including the remedy of specific performance as set forth in section
lO(d) below. Nothing herein shall affect the validity of a building permit issued prior to
notification to City of notice of suspension.
b. Liquidated DamaQ'es
The Parties expressly agree that the liquidated damages provisions contained herein
are reasonable under the circumstances existing on the effective date of this Agreement
The amount of the District's liquidated damages shall be the full School Mitigation Amount
set forth in Exhibit B subject to inflationary increases as set forth in section 2 of this
Agreement.
c. Indemnification
If either parties' action or inaction constirutes a material breach of this Agreement,
the breaching party shall indemnify the non-breaching party for all expenses, damages
and/or costs that may be incurred by the non-breaching party as a result of such material
breach. Such expenses shall include, but not be limited to, attorneys fees.
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d. Specific Performance
The Parties agree that' the subject matter of this Agreement is unique. Therefore,
in addition to any and all other remedies, if either party violates the conditions or
covenants set forth in this Agreement, or engages in any other conduct which constimtes
a material breach of the Agreement, the non-breaching party shall have the right to obtain
specific performance of this Agreement. _.
11. Material Breach by District
Owners are entering into this Agreement in reliance upon the representation of District that
during the term of this Agreement, District: 'P
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will not oppose New Development in the Subj~ct Property and shall inform
the City that Owners made provision, by execution of this Agreement, to
fully mitigate the anticipated impacts on school facilities caused by Owners I
development; and
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upon compliance with the mitigation obligations set forth in this Agreement
that District would issue to Owners a Certificate of Compliance in
accordance with Section 5 above.
The Parties agree that the subject matter of this Agreement is unique. Therefore, in
addition to any and all other remedies, If District violates the conditions or covenants set forth in
this Agreement" or engages in any other conduct which constirutes a material breach of the
Agreement, Owners shall have the right to obtain specific performance of this Agreement,
including, but not limited to, the issuance of a Certificate of Compliance.
12. Binding Agreement
a. This Agreement shall be binding upon the Parties. All of the covenants,
stipulations, promises, and agreements contained in this Agreement by or on behalf of, or
for the benefit of either of the parties hereto, shall bind and inure to the benefit of their
respective successors or assigns.
b. Owners agree to pay, and not to challenge, protest or pay under protest, any
mitigation amounts required by this Agreement. Owners further agree to pay these
amounts even if future legislation or a final court judgment invalidates the School
Mitigation Amount (or any portion thereof).
c. This Agreement shall run with the land and be binding upon all successors of
Owners. Any material breach by a successor, representative or assign of this Agreement
shall have the same force and effect as provided for in Paragraph 10 above.
d. This Agreement shall become null and void as to any portion of the Subject
Property that is not transferred into the District boundaries. The parties agree that the
obligations and agreements of the parties hereto are subject to a completed jurisdictional
transfer.
13.
Entire Agreement
a. This Agreement constitutes the entire agreement between the Owners and the
District regarding school mitigation. This Agreement supersedes any and all other
agreements, either oral or in writing, between the Parties with respect to school mitigation.
Each party to this Agreement acknowledges that representations by any party with respect
to the subjects identified in this Paragraph \'vhich are not embodied herein, or any other
agreements, statements or promises not contained in this Agreement sh~l1 not be valid and
binding.
b. The Parties represent, warrant and agree that in executing and entering into this
Agreement they are not relying upon, and have not relied upon, any representation,
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promise or statement made by anyone which is not recited, contained or embodied herein. .
The Parties agree and assume the risk that any fact not verified, contained or embodied in
this Agreement may rurn out to be other than, different from, or contrary to, the facts now
known to them and believed by them to be true. The Parties further agree that this
Agreement shall be effective in all respects notwithstanding, and shall not be subject to
tern1ination, modification or rescission by reasons of any such differences in fact.
c. Each party executing this Agreement hereby acknowledges and agrees that they
have carefully read all of its terms and provisions, have been advised of its many
consequences by its attorneys, and signs this Agreement of their own free will and with
advice of counsel.
14. Third Party Beneficiaries
The Parties agree that this Agreement is by and between the parties named herein, and/or
their successors and assigns, and no third party is intended, expressly or by implication, to be
benefiued by this Agreement.
15. Amendment and 'Vaiver
No supplement, modification or amendment of this Agreement shall be binding unless
executed in writing by all the Parties. No waiver of one provision of this Agreement shall be .
deemed to constitute a waiver of any other provision(s), whether or not similar, nor shall any
waiver constitute a continuing waiver. No waiver shall be binding unless e~ecuted in writing by
the Party making the waiver.
16. Invalid Term
Except as set forth in Sections 7 and 12, if any provision of this Agreement is declared or
determined by any court of competent jurisdiction to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining portions hereof shall not, in any way, be
affected or impaired thereby.
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17.
Interpretation
a. The Parties acknowledge and agree that each has been given the opportunity to
independently review this Agreement with legal counsel, and/or has the requisite
experience and sophistication to understand, interpret and agree to the particular language
of the provisions of the Agreement.
b. In the event of a controversy or dispute between the Parties concerning the
provisions herein, this document shall be interpreted accordIng to the provisions herein and
no presumption shall arise concerning the draftsman of such provision.
18. Applicable Law
a. The Parties understand and agree that the terms of this Agreement, and the Exhibits
hereto, have been negotiated and executed within the State of California and shall be
governed by and construed under, the laws of the State of California.
b. In the event of a dispute concerning the terms of this Agreement, the Parties
expressly agree that the venue for any legal action shall be with the appropriate court in
the County of Alameda, State of California.
19.
Additional l\1atters
Each party will execute, promptly upon request from another party, any further papers or
documents not herein specifically mentioned which may be reasonably necessary to carry out the
letter and spirit of this Agreement, and will do all things necessary to carry out and effectuate the
terms and intent of this Agreement.
20. Effectiye Date of This Agreement
This Agreement, regardless of when executed, shall be deemed to be dated on and effective
as of the 1st day of January, 1998.
21. Recording of Agreement
Owners shall record a copy of this Agreement in the official records of Alameda County.
22. Attorney's Fees
The prevailing party in any action or proceeding to enforce, iflterpret of otherwise, arising
out of or relating to, this Agreement or any provision thereof (including, but not limited to, any
trial, arbitration, administrative hearing or appeal) shall be entitled to recover from the other party
'-
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~~~~~~~~;;~~-:-'~::::.';?;;S~~i7~~~i~~k~=::,;~~~~~~j;~~:-^,~~::,~_,:...~~~{~~:~~~~$;~~~C
(or parties) all of the costs and expenses, including but not limited to reasonable attorney's fees
and expert I s fees.
.
23. Notices, Communications and Demands
Formal notices, communications or demands to a party shall be sufficiently given if:
a. persona}ly delivered; or
b. mailed by registered or certified mail, first class postage prepaid, return receipt
requested to the principal office of the District or Owners;
c. delivered by Federal Express or other reliable private express delivery service to
the principal office of the affected District or Owners.
24. Identical Counterparts
This Agreement may be executed in identical counterparts, each of which shall constitute
a duplicate original.
'. .
.,-
_:l.
Headings
.
The headings contained herein are for the purpose of convenience only, and shall not be
constructed to limit or extend the meaning of this Agreement.
26. Exhibits
All Exhibits attached hereto are incorporated into this Agreement by reference.
27. Term of Agreement
Unless there is a material breach as set forth in Section 10, or there has been a material
change in the scope of development of the Subject Property (see Paragraph 8), this Agreement
shall expire upon the completion of buildout as described in the Schaefer Ranch General Plan
Amendment.
28. Authority to Execute
Each signatory to this Agreement warrants that he or she is authorized to enter into this
Agreement on behalf of his or her principal.
.
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.
.
.
29. Jurisdictional Transfer of Subject Property to District
Payment of school mitigation fees and/or amounts to any other school district, prior to or
following a jurisdictional transfer of any or all portion(s) of Subject Property to District, shall not
reduce and/or eliminate Owner's school mitigation obligations to District as set forth in this
Agreement with respect to any property transferred and irrespective of whether building permits
(see , 5) are issued by City for such property before or after the jurisdictional transfer.
Within sixty (60) days of a jurisdictional transfer of the Subject Property, or any portiones)
thereof, to District, Owner shall pay District the School Mitigation Amounts as set forth in Exhibit
B for any units constructed on the transferred property and for which building permits were issued
prior to such transfer.
This Agreement shall be unenforceable until and unless a jurisdictional transfer(s) of the
Subject Property, or any portion(s) thereof, is made to District If the Subject Property, or any
portiones) thereof is jurisdictionally transferred to District, this Agreement shall be enforceable
, as to that portiones).
DISTRICT:
DUBL
Date: ;-). Y-1 r
SCHOOL DISTRICT
By:
Title:
APPROVED AS TO FORM FOR DISTRICT: PINNELL & KINGSLEY
By:
Date:
PROPERTY OWNER:
By:
IATES, by SCHAEFER HEIGHTS, INC.
I I
Date: 7 12.( I '1 ~
I f_
Title: President of Schaefer Heights, Inc.
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. '
-~'~~~~;,:_;:=~~!?0;~~~~~~::~,~:;:~:i~::~=~-~~'---7:;:,~:~}::~:r?:;~:;:;~;::~:i~~~lt(::-~~~~~~.~:
29. Jurisdictional Transfer of Subject Property to District
.
Payment of school mitigation fees and/or amounts to any other school district, prior to or
following a jurisdictional transfer of any or all portiones) of Subject Property to District, shall not
reduce and/or eliminate Owner's school mitigation obligations to District as set forth in this
Agreement with respect to any property transferred and irrespective of whether building permits
(see' 5) are issued by City for such property before or after the jurisdictional transfer.
Within sixty (60) days of a jurisdictional transfer of the Subject p'roperty, or any portion(s)
thereof, to District, Owner shall pay District the School Mitigation Amounts as set forth in Exhibit
B for any units constructed on the transferred property and for which building permits were issued
prior to such transfer.
This Agreement shall be unenforceable until and unless a jurisdictional transfer(s) of the
Subject Property, or any portiones) thereof, is made to District. If the Subject Property, or any
portiones) thereof is jurisdictionally transferred to District, this Agreement shall be enforceable
as to that portiones).
DISTRICT:
DUBLIN UNIFIED SCHOOL DISTRICT
.
By:
Date:
Title:
By:
FOR \UISTRICT: PINNELL & KINGSLEY
~
Date: 7- -23- '1S
PROPERTY OWNER:
SCHAEFER HEIGHTS ASSOCIATES, by SCHAEFER HEIGHTS, INC.
By:
Date:
Robert J. Y ohai
Title: President of Schaefer Heights, Inc.
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Page 13 of 16
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~~~~~~~:~I~~~~~~_~~~~~~~~~_:~~_:~__Y_~~~i~~
.
.
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PROPERT
By:
Title:
::~P~WNt:S~
Title:
By:
Title:
PROP~: ~URIE GffiBS
By: ~ Lr--i ~
Title:
Date:
Date:
Date:
7kr19k-
, I I
;-- 2/-7 R
7-;2./-90
Date: f) - "2] ~ 9 J
::~PER~k::;?fHAEFER' Jr. "BUTCH~are: 7/21'/1'6
Title: /
APPROVED AS TO FORM: LAW OFFICES OF WILLIAM A. FALIK
By:
Title:
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1
Date:
~?-7.,;,7.." l","i"t'$2$., :__ ,__:~::~'2''':'~","--",!:!-~~~'; l1'~WI:iI!~a;...~~II-"'JI ~.~ Ii! ~...'
_",,~.,.~.'..-r"",....'''''' .:L.~_.-..-.--~_-:--_;::' .fl~~'f+'.-..- _~""":"."'7-"..-r--+~-".""7._... ......_.1 s.~:..,::,... ,=-~,' - .- ..... - ~.", -''''~'~~~''' ~ ~ ..'
, '-, "-- ,. --' 'rJL' 2'-SS"n""" '1"1"- '56 _."-"...--.'--'I"--"--',..........~1'i7G.. (5":cE'-y...-.-.--.:....,--',...- "v-..nn&'m-e'S-6'7' 'g'Z2f1i'''''''''''':'' '~"~.~,::----'':'''~!::i-,O~::,:F~ "...!'
./. _ ,- t. : """P~NELL &: 1\11~...L 'C";-:::>':;.",.,...._"7nf..N,,,'':;n . .~ v- ;"";- '~'-'"'~-~""'-r:""J,,l :')',"."",,,,-,,~
. - -,. .
PROPERTY' OVr"'NER: ROBERT J. YOlW
.
By:
Dare:
Title:
PROPERTY OWNER: SAL S. ZAGARl
By:
Date:
Title:
PROPERTY OWNER: DENNIS GIDBS
By:
Date:
Title:
PROPERTY OWNER: LAURIE GIBBS
By:
Date:
.
Title:
PROPERTY OWNER: OTTO SCHAEFER. Jr, "BUTCH"
By:
Date:
Title:
APPROVED AS TO FORM: LAW OFFICES OF WILLIAM A. FALIK
Dare: ?r~<i!:{' /'i q D
~~ f)fJJYt-e-1S
By:
Title:
"'1<: IIlQDul>lia, CCI1
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Page 14 of 16
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~~~:K~;~~~~F~~Cf.:~~~;'-:~...~~~!;~~:;'~;~~~~~:~~",Ji~'~l~.~~'~......:-~.~;:~:~:~
. CITY OF DUBLIN APPROV AL
City of Dublin Resolution No. 78-96 requires all Owners to enter into mitigation agreements with
affected school districts to mitigate impacts on affected school districts required to serve student
population generated by new development. Resolution No. 78-96 further states that the City may
be a party to the mitigation agreement for the purposes of assuring uniformity with respect to
different property owners and appropriate land use planning. The signature of the Mayor below
indicates that the foregoing mitigation agreement satisfies the requirement of Resolution No. 78-96
for a written mitigation agreement with the Dublin Unified School District, if one is required with
that District.
Date:
Guy Houston, Mayor
.
.
...:
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AGREElVlENT FOR THE MITIGATION OF DEVELOPMENT IMPACTS
UPON THE SCHOOL FACILITIES OF DUBLIN UNIFIED SCHOOL DISTRICT
EXHIBIT B
MITIGATION FEE SCHEDULE
January 1998
Unit Type
School Mitigation
Amount
Sin!]Ie Familv fLow Density:
$11,214.00/unit
. Single family detached units on
lots 4,000 square feet or greater in
size.
Medium Densitv:
$6,061.00funit
.
Single family detached units on
lots less than 4,000 square feet in
size, or attached units with a gross
density greater than 6 units to the
acre and less than or equal to 14
units to the acre.
Medium High Densitv:
$3,430.00funit
. Attached units with a gross
density greater than 14 units to the
acre and less than or equal to 25
units to the acre.
High Density: $2,833.00funit
. Attached units with a gross
density greater than 25 units to the
acre.
CommerciallIndustrial:
$O.311square foot
NOTE: Both the Residential Unit School Mitiglltion Amounts and the Commerc:iaIJIndustrial School Mitigation Amount are subject to
modification in accordance with Section 2 of this Agreement. The amounts set forth lIbove include or comprise the statutory school fees
set forth in GovernIDeDt Code Section 53080 and 65995. The CommerciallIndustrial School Mitigation Amount sball be applied to all
cbargellble covered and enclosed commerciaVindustrial space as defined in Government Code Section 65945(b)(2).
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