HomeMy WebLinkAbout6.1 VillasSantaRitaDevAgmt
~
period of time. Additionally, it is a mechanism for the City to obtain commitments from the developer that the
City might not otherwise be able to obtain. The Development Agreement is one means the City has to assure
that the Specific Plan goal that new development fund the costs of infrastructure and service is met.
Attached to this Staff Report is a Development Agreement (Exhibit A) between the City of Dublin and the .
Surplus Property Authority of the County of Alameda (Alameda County). This Development Agreement is
based on the standard Development Agreement developed by the City Attorney and adopted by the City Council
for Eastern Dublin Projects. In general, the Agreements reflect what has been determined to be the
infrastructure needs for the specific project. These needs are determined based on submittal of engineering
studies and plans.
The Agreement:
The City Attorney drafted the proposed Development Agreement with input from City staff, Alameda County
Surplus Property Staff and their attorneys. The Development Agreement sets forth the agreements between the
parties in relation to many items, including, but not limited to, infrastructure construction and phasing, parkland
dedication and the payment of various required impact fees.
The Development Agreement becomes effective for a term of five years from the date it is recorded. The
Development Agreement runs with the land and the rights and obligations thereunder can be assigned. The
main points of the Development Agreement can be found in Exhibit B of the Development Agreement and are
highlighted below:
The City requires that Developers in Eastern Dublin pay traffic impact fees for certain City wide improvements
to the circulation system. Additionally, fees are charged for certain circulation improvements specific to .
Eastern Dublin. Developers are also required to make certain improvements to the circulation system that are
required as a result of their project. The City determines the direct project impact through a traffic study that is
conducted.
Based on the traffic study conducted for the Villas at Santa Rita Project, it was determined that certain
improvements were required to the circulation system as a result of the projected future traffic from the project.
These improvements include widening some roads, the improvement of certain intersections, the ultimate
construction of the approved alignment of Dublin Boulevard between Hacienda Dr. and the Bart Station, and
improvements to the 1-580 at Santa Rita RoadfTassajara Road Eastbound Ramp. Some of these improvements
will be required immediately as a result of the construction of the apartment project. Other improvements that
were identified could be phased and put in as required by traffic warrants or when other projects come on line.
The Agreement sets forth the City and Alameda County's understanding in relation to the phasing of
infrastructure construction, construction of infrastructure and credits towards traffic impact fees for the
improvements and dedications which are part of the Traffic Impact Fee Program.
Additionally, the Agreement provides for the dedication of 12.31 acres of land for the future City Park to be
located east of Tassajara Creek. This represents 9.07 acres in excess of what is required for park land
dedication for the Villas at Santa Rita. This additional acreage will be dedicated early to enable the City to
move forward on a new park at that location. The 9.07 acres will be credited to the developer and used as a
credit for future projects towards their parkland dedication requirements.
.
2
-:-~....~ '.'""":,,,,:,= ~- '" ,"'.. ".. .' ." .., '.'
.-"." .'
'. ..' n " ..". -...
!
Conclusion:
. The Development Agreement furthers the goals of the General Plan and Eastern Dublin Specific Plan by
requiring new development to fund the costs of its infrastructure and service. The City of Dublin and Alameda
County have agreed on the sequencing of infrastructure construction, the payment of impact fees as well as
other items required by the Eastern Dublin Specific Plan.
RECOMMENDATION:
Staff recommends that the City Council open the public hearing, deliberate, waive reading and introduce the
Ordinance and continue the public hearing to September 2, 1997.
G:PA97..oo7\ccsrdl
.
.
3
.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
FOR PA 97~007, THE VILLAS AT SANTA RITA
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Villas at Santa Rita (P A97-007) is located within the
boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area which is
designated on the General Plan Land Use Element Map and Eastern Dublin Specific Plan
Land Use Map as Medium High Density Residential.
B. A Program Environmental Impact Report ("EIR") was prepared for the
Specific Plan and the Eastern Dublin General Plan Amendment and certified by the City
Council by Resolution No. 51-93.
.
C. Implementing actions of the Specific Plan, including Chapter 11 thereof,
require that all projects within the Specific Plan area enter into development agreements
with the City.
D. The Surplus Property Authority of the County of Alameda have filed an
application requesting approval of a development agreement for the Villas at Santa Rita.
E. A Development Agreement between the City of Dublin and the Surplus
Property Authority of the County of Alameda ("Development Agreement") has been
presented to the City Council, a copy of which is attached hereto as Attachment 1.
F. A public hearing on the proposed Development Agreement was held
before the Planning commission on August 12, 1997, for which public notice was given
as provided by law.
G. The Planning Commission has made its recommendation to the City
Council for approval of the Development Agreement, which recommendation includes
the Planning Commission's determinations with respect to the matters set forth in Section
8.12.080 of the Dublin Municipal Code.
.
H. A public hearing on the proposed Development Agreement was held
before the City Council on August 19, 1997, and September 2, 1997, for which public
notice was given as provided by law.
1
EXHIBIT 1
1. The City Council has considered the recommendation of the Planning
Commission (Planning Commission Resolution 97-17), including the Planning
Commission's reasons for its recommendation, the Agenda Statement, all comments
received in writing and all testimony received at the public hearing.
.
K. Pursuant to the California Environmental Quality Act, an analysis by staff
found that the project is exempt according to Section 15182 of the State CEQA
Guidelines. That analysis showed that the proposed residential project is within the scope
of the Final Environmental Impact Report (FEIR) for the Eastern Dublin General Plan
Amendment which was certified by the City Council by Resolution No. 51-93, and the
Addenda dated May 4, 1993, and August 22, 1994. The analysis indicated that no new
effects could occur and no new mitigation measures would be required for the Villas at
Santa Rita that were not addressed in the FEIR. Further, that analysis found that the
project is in conformity with the Eastern Dublin Specific Plan.
Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated
herein, (b) the City of Dublin's General Plan, (c) the Eastern Dublin General Plan
Amendment, (d) the Specific Plan, (e) the EIR, (f) the Agenda Statement, and on the
basis of the specific conclusions set forth below, the City Council finds and determines
that:
.
1. The Development Agreement is consistent with the objectives, policies,
general land uses and programs specified and contained in the City's General Plan, as
amended by the Eastern Dublin General Plan Amendment, and in the Specific Plan in that
(a) the General Plan and Specific Plan land use designation for the site is Medium High
Density Residential (MHDR) and the proposed project is an apartment project consistent
with that land use, (b) the project is consistent with the fiscal policies of the General Plan
and Specific Plan with respect to provision of infrastructure and public services, and (c)
the Development Agreement includes provisions relating to financing, construction and
maintenance of public facilities, reimbursement for oversizing infrastructure and similar
provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in,
and the regulations prescribed for, the land use district in which the real property is
located in that the project approvals include a Planned Development Rezoning adopted
specifically for the Villas at Santa Rita.
3. The Development Agreement is in conformity with public convenience,
general welfare and good land use policies in that the Villas at Santa Rita will implement
land use guidelines set forth in the Specific Plan and the General Plan which have
planned for residential uses at this location.
.
2
.
4. The Development Agreement will not be detrimental to the health, safety
and general welfare in that the project will proceed in accordance with all the programs
and policies of the Eastern Dublin Specific Plan.
5. The Development Agreement will not adversely affect the orderly
development of property or the preservation of property values in that the project will be
consistent with the General Plan and with the Specific Plan.
Section 3. APPROV AL
The City Council hereby approves the Development Agreement (Attachment 1)
and authorizes the Mayor to sign it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is executed by the Mayor,
the City Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
.
This Ordinance shall take effect and be in force thirty (30) days from and after the
date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this
2nd day of September, 1997, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
.
G:\PA97-007\daord
3
'..-...,. .'
.
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
.
CITY OF DUBUN
AND
TIlE SURPLUS PROPERTY AUTHORITY
OFTHECOUNTYOF~DA
FOR THE VILLAS AT SANTA RITA PROJECT
.
EXHIBIT 2
. ' ,
.: . :.... ~ '. .. .
:::,:<:':,',::: ,.::..:.::::~X\:\:'''/:<::~:'\\} :':':
..' . .'. . . -..
....."_.. .' . . ...........,
-...>;:,-,,~:'_:~' :':':.:;~<',~;::;'\~::\:-.\::';:i:,~::- ' ,',','
. --', . . . . .. . . ~ - - -
,::':'::'.,: '-':':""::(~':":''';..!>.?):::,::p:::~:~:)::'.:;'': ""
, ,.' .. ' . .. ...
'''''- .....- ;...
, '
, . "
".. ..'
TABLE OF CONTENTS
.
I. Description of Property. ........................................ 2
2. Interest of Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. Relationship of City and Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4. Effective Date and Term. ........................................ 3
4.1 Effective Date. ........................................... 3
4.2 Term... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5. Use of the Property. .................................. . . . . . . . . . . 3
5.1 Right to Develop ......................................... 3
5.2 Pennitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5.3 Additional Conditions ..................................... 4
6.
Applicable Rules. RegJJlations and Official Policies .................... 5
6.1 Rules re Permitted Uses .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6.2 Rilles re Design and Construction ............................ 5
6.3 Uniform Codes Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
.
7. Subsequently Enacted Rilles and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . 5
7.1 New Rules and Regulations ................................. 5
7.2 Approval of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7.3 Moratorium Not Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8. Subsequently Enacted or Revised Fees. Assessments and Taxes . . . . . . . . . . . 6
8.2 Revised Application Fees ................................... 6
8.3 New Taxes ....................................... . . . . . . . 7
8.4 Assessments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 .5 Vote on Future Assessments and Fees ......................... 7
9. Amendment or Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9.1 Modification Because of Conflict with State or Federal Laws ....... 7
9.2 Amendm'ent by Mutual Consent. . . . . .. . . . . . . . . . . . . . . . . . . . . . . 7
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Table of Contents - Page i of iii
August 1, 1997
.
. . .
,- '
. - .......... .., '.:.....-.:::..'.
...,.--......,'. , ' ".. .
~. '. . >~: : '.:.: .- .:' .:: .-.,:_:.::. :..~.>.: ~':'. :-:"':/~.'~ : :: .-:. :.. '. - : ..
"/.- - . .
.
9.3 Insubstantial Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9.4 Amendment of Project Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9.5 Cancellation by Mutual Consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10. J'enn of Project Approvals ....................................... 8
11. Armual Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11.1 Review Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11.2 Initiation of Review ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11.3 Staff Reports ............................................ 9
11.4 ~ ..................................................9
12. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12.1 Other Remedies Available .................................. 9
12.2 Notice and Cure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12.3 No Damages Agpinst CITY ................................. 9
" " . -
0_' -.' ...... '-. .-, " .~:~,."~:"~'>,~:~:-.::<::-:>J.~.:.:-',:""~:-"-~.~_-" ~_.'< .'. .:.'.-.'.-.'.:_-,:-.."
";.- -'.-' , d-' .", -:>:;:'(-\'U.>:::~-::,.-.:.:::.:---:::~~.:.:.:~';',:'<:::.~:,/.",:.-::_.:::.:.:, :"":''-', ''-:,:/'';:::' - ..
13.
14.
.
15.
16.
17.
.
;Estoppel Certificate ........................................... 10
Mort.gjigf=e Protection: Certain Rights of Cure ....................... 10
14.1 ;Mortgag.ee Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14.2 MZ:;;;~ to~~b:~~~ . . . . . . . . . . . . . : . . . . . ... . . . . . . . . . . . . . 10
14.3 N e efa ~.gp.~e and ExtenSIOn of Right to Cure .... 11
Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Attorneys' Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Transfers and Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17.1 Right to Ac;sigJ1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17.2 ~.,:: ~po~ T ran,fer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17.3 1 P r's i~ht to Retain Specified Ri~hts or Obligp.tions ....... 12
17.4 Permitted Transfer. Purchase or AssigJ1ment ............... . . . . 12
18. Av-eement Runs with the Land .................................. 13
19. Banknlptcy.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20. Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Table of Contents - Page ii of iii
August 1, 1997
.... -
" . ,.
. -',-. -.- .'. - '. :
. - ""- -' - ~.-,;:'
-. :..... - : ....:,: . :"_:-~. -: :'.:: ,'. .
:: '.', '.- ", .'
- .". .... ~ ...
. - . -,'- .
:.... -':: '.
..-,:" '. '.
21. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21.1 Public Liability and Property Damage Insurance . . . . . . . . . . . . . . . .
21.2 Workers Compensation Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . .
21.3 Evidence of Insurance ....................................
22. Sewer and Water .............................................
23. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24. Agreement is Entire Understanding ...............................
25. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26. Counterparts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27. Recordation. . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . .
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Table of Contents. Page iii of iii
August 1, 1997
: .:. .~>',:~~.:~.::.,':,:.~::'~."-~'-~-~ '.>.: ,--,::-~,~:,:,':_".~"&.:',::, ..:-.:,~~..:,,'--j;,',.:_..::: "--':':'-" .,'.-'-',"" .....:, .'.-.,' ..-:".'.: '--. '-,', .::. _:, :' -','-' ..... .'..' ,--.., ':,:'".-. :_~": .::: ->>:... .... .-. .. - " -' . . : .- -. : . - ~ - ' ::. -. ." ~ -' .- " .... - . - -, . ~ . '. ~:~:.;:: ,
- - - '-:-.::.:::'-" '.:.~_. ~ ." '.: -',-:<~-::;;~::'-~._"~:::.~:~';.:._--:-:-:~.~'.::::':.::<.'.: -:_,.-.:..'.. '::-....-.. :. ".
"'...... ..." __. . ,'. : : ~ ". ::. .,"."0 .- r _':: .- .:..; . _ ~&:. _ ..r. :.:"..,....
, . . '..r' ....,
14 .
14
14
14
14
14
15
15
16
16
.
.
. ~, . .
_. .r.., .
-' .', - .
<:" . -
.
THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this _ day of , 1997, by and between the CITY OF
DUBLIN, a Municipal Corporation (hereafter "City"), and the Surplus Property
Authority of Alameda County, a public corporation (hereafter "Developer"), pursuant
to the authority of ss 65864 et seq. of the California Government Code and Dublin
Municipal Code, Chapter 8.12.
RECITALS
A California Government Code ss 65864 et seq. and Chapter 8.12 of
the Dublin Municipal Code (hereafter "Chapter 8.12") authorize the CITY to enter
into an Agreement for the development of real property with any person having a
legal or equitable interest in such property in order to establish certain development
rights in such property; and
B. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property; and
C. The Eastern Dublin Specific Plan requires DEVELOPER to enter
into a development agreement; and
. D. DEVELOPER desires to develop and holds legal interest in certain
real property consisting of approximately 11.9 acres of land, located in the City of
Dublin, County of Alameda, State of California, which is more particularly described
in Exhibit A attached hereto and incorporated herein by this reference, arid which
real property is hereafter called the "Property"; and
.
,-, '.'
.-', ..":, " ,
~ :,' >.::_' :'. ~ --A .:- ..
; '_ ';. ~:r : -. .:~', .:...: ..
E. DEVELOPER proposes the development of the Property with a 324-
unit multi-family apartment complex (the "Project"); and
F. DEVELOPER has applied for, and CITY has approved or is
processing, various land use approvals in connection with the development of the
Project, including a PD District rezoning (Ordinance No. 17-97) general provisions
for the PD District rezoning including the Land Use and Development Plan (Res. No.
90-97), tentative parcel map (Res. of Comm. Dev. Dir. No. 05-97), and site
development review (collectively, together with any approvals or permits now or
hereafter issued with respect to the Project, the "Project Approvals"); and
G. Development of the Property by DEVELOPER may be subject to
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 1 of 17
August l, 1997
-'. .-.'
. '. "...:. ...... '.-', : " .
_-r,:::' .': 'I'..": --; ,..';: : . ...
. ^'.'-
" ,.
..'. ..
. .
. " . '
'-.';." .
.- --,;.:. .:. :'::,~:'~:'~':-:"'~:-'-
. : '... ~ -, :
-..
-..",' - .
certain future discretionary approvals including site development review, which, if
granted, shall automatically become pan of the Project Approvals as each such
approval becomes effective; and
.
H. CITY desires the timely, efficient, orderly and proper development
of said Project; and
I. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and the Eastern Dublin
Spedfic Plan and has been reviewed and evaluated in accordance with Chapter 8.12;
and
J. CITY and DEVELOPER have reached agreement and desire to
express herein a Development Agreement that will facilitate development of the
Project subject to conditions set forth herein; and
K Pursuant to the California Environmental Quality Act (CEQA) the
City has found, pursuant to CEQA Guidelines section 15182, that the Project is
within the scope of the Final Environmental Impact Report for the Eastern Dublin
General Plan Amendment and Spedfic Plan which was certified by the Council by
Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 .
(the "EIR") and found that the EIR was adequate for this Agreement; and
L. On , 1997, the City Council of the City of Dublin
adopted Ordinance No. _ approving this Development Agreement. The
ordinance took effect on , 1997.
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein contained,
CITY and DEVELOPER agree as follows:
AGREEMENT
I. Description of Property.
The Property which is the subject of this Development AgreemeIJ.t is
described in Exhibit A attached hereto (npropertyn).
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 2 of 17
August I, 1997
.
,". -"..
'.' .
-.-. ....-
.: >~. , , ". ".r_, _
.- . .'.., ..~._.-~.;",. _::>.:.'::':~<. -'--<~-'- .... - .~. ~-_..:-~>:.~..:.." "
r: .._....:~>_ .., :~"". :....._:~~._:_,.::.:~,~~--..~::_~.,<.-'~. .:,,:,-,,'-:.".;:"_: .::,"(:~r.:;.' .
.
.
.
" .-'
- .-
2. Interest of Developer.
The DEVELOPER has a legal or equitable interest in the Property in
that it owns the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been
negotiated and voluntarily entered into by CITY and DEVELOPER and that the
DEVELOPER is not an agent of CITY. The CITY and DEVELOPER hereby
renounce the existence of any form of joint venture or partnership between them, and
agree that nothing contained herein or in any document executed in connection
herewith shall be construed as making the CITY and DEVELOPER joint venturers or
partners.
4. Effective Date and Tenn.
4.1 Effective Date. The effective date of this Agreement shall
be the date upon which this Agreement is recorded in the Office of the Alameda
County Recorder.
4.2 Thnn. The term of this Development Agreement shall
commence on the effective date and extend five (5) years thereafter, W1less said term
is otherwise terminated or modified by circumstances set forth in this Agreement.
5. Use of the Property.
5.1 Right to Develop. Developer shall have the vested right to
develop the Project on the Property in accordance with the terms and conditions of
this Agreement, the Project Approvals (as and when issued), and any amendments to
any of them as shall, from time to time, be approved pursuant to this Agreement.
5.2 Permitted Uses. The permitted uses of the Property, the
density and intensity of use, the maximum height, bulk and size of proposed
buildings, provisions for reservation or dedication of land for public purposes and
location and maintenance of on-site and off-site improvements, location of public
utilities (operated by.CffY) and other tenns and conditions of development
applicable to the Property, shall be those set forth in this Agreement, the Project
Approvals and any amendments to this Agreement or the Project Approvals.
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 3 of 17
August 1, 1997
.. ....
.. . .:-.:
. -, ~ "
5.3 Additianal Conditians. Provisions for the fallowing .
("Additional Canditians") are set forth in Exhibit B attached hereto and incorparated
herein by reference.
5.3.1 Subsequent Discretionaxy Approvals.
Canditions, terms, restrictions, and requirements for subsequent
discretianary actions. (These conditions dO' nat affect Develaper's
respansibility to abtain all other land use approvals required by the
ardinances of the City of Dublin.)
Not Applicable
5.3.2 Mitigation Conditians. Additional or madified
canditions agreed upon by the parties in order to' eliminate ar
mitigate adverse environmental impacts of the Project or otherwise
relating to development of the Project.
See Exhibit B
5.3.3 Phasing. Timing. Provisions that the Project be
constructed in specified phases, that construction shall commence
within a specified time, and that the Project or any phase thereaf be
completed within a specified time. .
See Exhibit B
5.3.4 Financing Plan. Financial plans which identify
necessary capital improvements such as streets and utilities and
sources of funding.
See Exhibit B
5.3.5 Fees. Dedicatians. Terms relating to' payment af
fees ar dedication af propeny.
See Exhibit B
5.3.6 Reimbursement. Terms relating to' subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7 Miscellaneous. Miscellaneous terms.
See Exhibit B
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 4 of 17
August 1, 1997
.
,".",'.:"-':
. '-. ,. .-
. ~. ~ : _.' - . ... "
-.' . - -' - :,-'
. - ,.". - -'. . - .... ", .: . -., ~. '. - .', " .
.. -. -. '.' ~. :~. .-,: . . ;. -
,'-. .
.-'--. .... .-
..- . .... r.':
.
6.
Applicable Rilles. RegJ-llations and Official Policies.
6.1 Rules re Permitted Uses. For the term of this Agreement,
the City's ordinances, resolutions, rules, regulations and official policies governing the
permitted uses of the Property, governing density and intensity of use of the Property
and the maximum height, bulk and size of proposed buildings shall be those in force
and effect on the effective date of this Agreement.
6.2 Rilles re DesigTl and Construction. Unless otherwise
expressly provided in Paragraph 5 of this Agreement, the ordinances, resolutions,
rules, regulations and official policies governing design, improvement and
construction standards and specifications applicable to the Project shall be those in
force and effect at the time of the applicable discretionary Project Approval.
Ordinances, resolutions, rules, regulations and official policies governing design,
improvement and construction standards and specifications applicable to public
improvements to be constructed by Developer shall be those in force and effect at the
time of the applicable permit approval.
.
6.3 Uniform Codes Applkable. Unless expressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance with
the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire
Codes and Title 24 of the California Code of Regulations, relating to Building
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project.
7. Subsequently Enacted Rules and Revnations.
7.1 New Rules and Regulations. During the term of this
Agreement, the City may apply new or modified ordinances, resolutions, rules,
regulations and official policies of the City to the Propeny which were not in force
and effect on the effective date of this Agreement and which are not in conflict with
those applicable to the Property as set forth in this Agreement if: (a) the application
of such new or modified ordinances, resolutions, rules, regulations or official policies
would not prevent, impose a substantial financial burden on, or materially delay
development of the Property as contemplated by this Agreement and the Project
Approvals and (b) if such ordinances, resolutions, rules, regulations or official policies
have general applicability.
.
Dublin! Alameda Development Agreement
for Villas at Santa Rita Project
Page 5 of 17
August 1, 1997
..' ."'-
, , ". - ,- -'. '~. -
- ,--.".',.
.'. '.' . . - ~
,~:.'..'.)~':~=:~~>~:".-~::~~ '--. ~.. ..~
: < ~ ':-: .' ...
.:_-.. .
7.2 Approval of Application. Nothing in this Agreement shall
prevent the CITY from denying or conditionally approving any subsequent land use
pennit or authorization for the Project on the basis of such new or modified
ordinances, resolutions, rules, regulations and policies except that such subsequent
actions shall be subject to any conditions, terms, restrictions, and requirements
eA-pressly set forth herein.
.
7.3 Moratorium Not Applicable. Notwithstanding anything to
the contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of CITY, by initiative, referendum, or otherwise, that
imposes a building moratorium which affects the Project on all or any pan of the
Propeny, CITY agrees that such ordinance, resolution or other measure shall not
apply to the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or state
of emergency as defined in Goverrunent Code ~ 8558.
8. Subsequently Enacted or Revised Fees. Assessments and Taxes.
8.1 Fees. Exactions. Dedications. CITY and DEVELOPER
agree that the fees payable and exactions required in connection with the
development of the Project for purposes of mitigating environmental and other
impacts of the Project, providing infrastructure for the Project and complying 'with
the Specific Plan shall be those set forth in Ordinance No. _, Resolution No.
_, the tentative parcel map and site development review and in this Agreement
(including Exhibit B). The CITY shall not impose or require payment of any other
fees, dedications of land, or construction of any public improvement or facilities, shall
not increase or accelerate existing fees, dedications of land or construction of public
improvements, in connection with any subsequent discretionary approval for the
Property, except as set forth in Ordinance No. _, Resolution No. _, the
tentative parcel map and site development review and this Agreement (including
Exhibit B, subparagraph 5.3.5).
.
8.2 Revised Application Fees. Any existing application,
processing and inspection fees that are revised during the term of this Agreement
shall apply to the Project provided that (1) such fees have general applicability; (2)
the application of such fees to the Property is prospective; and (3) the application of
such fees would not prevent development in accordance with this Agreement. By so
agreeing, DEVELOPER does not waive its rights to challenge the legality of any such
application, processing and/or inspection fees.
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 6 of I 7
August 1, 1997
.
.... "..
". .-:.
.. '.'.' -,":..-
'.
,"" .,
.-....'- ..
. ',. .,,'
....-. ..,.
-:.:-..: '. ,..-....:-:.:.<.- .:.:.:..
.
.
.
8.3 New Taxes. Any subsequently enacted city.wide taxes
shall apply to the Project provided that: (1) the application of such taxes to the
Property is prospective; and (2) the application of such taXes would not prevent
development in accordance with this Agreement. By so agreeing. DEVELOPER does
not waive its rights to challenge the legality of any such taxes.
8.4 Assessments. Nothing herein shall be construed to relieve
the Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that
any assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution and DEVELOPER does not return its ballot, DEVELOPER
agrees, on behalf of itself and its successors, that CITY may count DEVELOPER's
ballot as affirmatively voting in favor of such assessment, fee or charge.
9. Amendment or Cancellation.
9.1 Modific.ation Because of Conflict with State or Federal
~. In the event that state or federal laws or regulations enacted after the effective
date of this Agreement prevent or preclude compliance with one or more provisions
of this Agreement or require changes in plans, maps or permits approved by the City,
the parties shall meet and confer in good faith in a reasonable attempt to modify this
Agreement to comply vvith such federal or state law or regulation. Any such
amendment or suspension of the Agreement shall be approved by the City Council in
accordance with Chapter 8.12.
9.2 Amendment by Mutual Consent. This Agreement may be
amended in writing from time to time by mutual consent of the parties hereto and in
accordance vvith the procedures of State law and Dublin Ordinance No. 8.91.
9.3 Insubstantial Amendments. Notwithstanding the
provisions of the preceding paragraph 9.2, any amendments to this Agreement which
do not relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the
permitted uses of the Property as provided in paragraph 5.2; (c) provisions for
"significant'! reservation or dedication ofland as provided in Exhibit B; (d) conditions,
terms, restrictions or requirements for subsequent discretionary actions; (e) the
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 7 of 17
August 1, 1997
. -.....:. - -.'
, -.._.r,
density or intensity of use of the Project; (f) the maximum height or size of proposed .
buildings; or (g) monetary contributions by DEVELOPER as provided in this
Agreement, shall not, except to the extent otherwise required by law, require notice or
public hearing before either the Planning Commission or the City Council before the
parties may execute an amendment hereto. CI'ITs Public Works Director shall
determine whether a reservation or dedication is "significan~".
9.4 Amendment of Project Approvals. Any amendment of
Project Approvals relating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication ofland; (c) conditions, terms, restrictions or requirements
for subsequent discretionary actions; (d) the density or intensity of use of the Project;
( e) the maximum height or size of proposed buildings; (f) monetary contributions by
the DEVELOPER; or (g) public improvements to be constructed by DEVELOPER
shall require an amendment of this Agreement. Such amendment shall be limited to
those provisions of this Agreement which are implicated by the amendment of the
Project Approval. Any other amendment of the Project Approvals, or any of them,
shall not require amendment of this Agreement unless the amendment of the Project
Approval(s) relates specifically to some provision of this Agreement.
9.5 Cancellation by Mutual Consent. Except as otherwise
permitted herein, this Agreement may be canceled in whole or in part only by the
mutual consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.12. Any fees paid pursuant to Paragraph 5.3 and Exhibit B
of this Agreement prior to the date of cancellation shall be retained by CITY.
.
10. Term of Project Approvals.
Pursuant to California Government Code Section 66452.6(a), the
term of the tentative map described in Recital F above shall automatically be
extended for the term of this Agreement. The term of any other Project Approval
shall be extended only if so provided in Exhibit B.
11. Annual Review.
11.1 Review Date. The arumal review date for this Agreement
shall be August IS, 1998 and each August 15 thereafter.
11.2. Initiation of Review. The CITIs Conununity
Development Director shall initiate the annual review, as required under
Dublin/Alameda Development Agreement
fOf Villas at Santa Rita Project
Page 8 of 17
August 1, 1997
.
". -".--
, . - . - ~ .
.
.
.
.' --"-
.' . .: r, ~ '. .'. ..
Section 8.12.140 of Chapter 8.12, by giving to DEVELOPER thirty (30) days'
written notice that the CITY intends to undertake such review. DEVELOPER shall
provide evidence to the Community Development Director prior to the hearing on
the annual review, as and when reasonably determined necessary by the Community
Development Director, to demonstrate good faith compliance with the provisions of
the Development Agreement. The burden of proof by substantial evidence of
compliance is upon the DEVELOPER.
11.3 Staff Reports. To the extent practical, CITY shall deposit
in the mail and fax to DEVELOPER a copy of all staff reportS, and related exhibits
concerning contract performance at least five (5) days prior to any annual review.
11.4 ,CQm. Costs reasonably incurred by CITY in connection
with the annual review shall be paid by DEVELOPER in accordance with the City's
schedule of fees in effect at the time of review.
12. Default.
12.1 Other Remedies Available. Upon the occurrence of an
event of default, the parties may pursue all other remedies at law or in equity which
are not otherwise provided for in this Agreement or in City's regulations governing
development agreements, expressly including the remedy of spedfic performance of
this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of
default by either party, the non defaulting party shall serve written notice of such
default upon the defaulting party. If the default is not cured by the defaulting party
within thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such thirty
(30) day period, the nondefaulting party shall refrain from any such legal or equitable
action so long as the defaulting party begins to cure such default within such thirty
(30) day period and diligently pursues such cure to completion. Failure to give notice
shall not constitute a waiver of any default.
12.3 . No Damagts Ag;rinst CITY. In no event shall damages be
awarded against CITY upon an event of default or upon termination of this
Agreement.
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 9 of 17
August 1, 1997
"'- -.
'..' -
. .' ....., -. --,.
. . '. .. " '. ..~ ." -
. :'''.0::', - ': . ".- '.:-;~', ; _' . . '.
.. ._;~:.:.: ,:<:- .-.
''-:'.:' .,.
'.'.',", '
. .
..' . '..0
13. Estoppel Certificate.
.
Either party may, at any time, and from time to time, request
written notice from the other party requesting such party to certify in writing that,
(a) this Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in "Writing, or if
so amended, identifying the amendments, and (c) to the knowledge of the certifying
party the requesting party is not in default in the performance of its obligations
under this Agreement, or if in default, to describe therein the nature and amount of
any such defaults. A party receiving a request hereunder shall execute and return
such certificate within thirty (30) days following the receipt thereof, or such longer
period as may reasonably be agreed to by the parties. City Manager of City shall be
authorized to execute any certificate requested by DEVELOPER. Should the pany
receiving the request not execute and return such certificate within the applicable
period, this shall not be deemed to be a default, provided that such party shall be
deemed to have certified that the statements in clauses (a) through (c) of this section
are true, and any party may rely on such deemed certification.
14. Mortg.agee Protection: Certain Rights of Cure.
14.1 Mortgagee Protection. nus Agreement shall be superior
and senior to any lien placed upon the Property, or any portion thereof after the date .
of recording this Agreement, including the lien for any deed of trust or mongage
("Mongage"). Notwithstanding the foregoing, no breach hereof shall defeat, render
invalid, diminish or impair the lien of any Mongage made in good faith and for .
value, but all the terms and conditions contained in this Agreement shall be binding
upon and effective against any person or entity, including any deed of trust
beneficiary or mongagee ("Mongagee") who acquires title to the Propeny, or any
portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.
14.2 Mongagee Not Obligated. Notwithstanding the provisions
of Section 14.1 above, no Mongagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or
complete the construction of improvements, or to guarantee such construction of
improvements, or to guarantee such construction or completion, or to pay, perform or
provide any fee, dedication, improvements or other exaction or imposition; provided,
however, that a Mongagee shall not be entitled to devote the Property to any uses or
to construct any improvements thereon other than those uses or improvements
provided for or authorized by the Project Approvals or by this Agreement.
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 10 of 17
August 1, 1997
.
.- .
0-__. , . .'
" ;--..';. '. .' ", ,.
'. ".- ...
.'. ."-'..-.. ::^: ": ..: -..:"~...;: '< '.~'.., . ,
",- -
'- -." ".,
. ~ . ": ~. ....:., '. . -
-' ,.' - .. :....~,:<.:.:.~~..>:.{_./.:--
:-.'.
.
.
.
14.3 Notice of Default to Mortgagee and Ex'tension of Right to
Q.u.e. If CITY receives notice from a Mortgagee requesting a copy of any notice of
default given DEVELOPER hereunder and specifying the address for service thereof,
then CITY shall deliver to such Mortgagee, concurrently with service thereon to
DEVELOPER., any notice given to DEVELOPER with respect to any claim by CITY
that DEVELOPER has committed an event of default. Each Mortgagee shall have
the right during the same period available to DEVELOPER to cure or remedy, or to
corrunence to cure or remedy, the event of default claimed set forth in the CITY's
notice. CITY, through its City Manager, may extend the thirty-day cure period
provided in paragraph 12.2 for not more than an additional sixty (60) days upon
request of DEVELOPER or a Mortgagee.
IS. Severability.
The unenforceability, invalidity or illegality of any provisions,
covenant, condition or term of this Agreement shall not render the other provisions
unenforceable, invalid or illegal.
16. Attorneys' Fees and Costs.
If CITY or DEVELOPER initiates any action at law or in equity to
enforce or interpret the terms and conditions of this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys' fees and costs in addition to any
other relief to which it may otherwise be entitled. If any person or entity not a party
to this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreement or the Project Approvals, the parties shall cooperate
in defending such action. DEVELOPER shall bear its own costs of defense as a real
party in interest in any such action, and shall reimburse CITY for all reasonable court
costs and attorneys' fees expended by CITY in defense of any such action or other
proceeding.
17. Transfers and AssigJ1ments.
17.1 Right to AssigJ1. It is anticipated that DEVELOPER will
sell the Property to another developer. All of DEVELOPER'S rights, interests and
obligations hereunder may be transferred, sold or assigned in conjunction with the
transfer, sale, or assignment of all of the Property subject hereto at any time during
the term of this Agreement, provided that no transfer, sale or assignment of
DEVELOPER's rights, interests and obligations hereunder shall occur without the
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 11 of 17
August 1, 1997
'"
, "
, '" .~: :',"
,-.' .., ., "
".:,..--
prior written notice to CITY and approval by the City Manager, which approval shall .
not be unreasonably withheld or delayed. The City Manager shall consider and
decide the matter within 10 days after DEVELOPER's notice, provided all necessary
documents, certifications and other information are provided to the City Manager.
17.2 Release Upon Transfer. Upon the transfer, sale, or
assignment of all of DEVELOPER's rights, interests and obligations hereunder
pursuant to subparagraph 17.1 of this Agreement, DEVELOPER shall be released
from the obligations under this Agreement, with respect to the Property transferred,
sold, or assigned, arising subsequent to the date of City Manager approval of such
transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or
assignee approved by the City Manager expressly assumes all of the rights, interests
and obligations of DEVELOPER under this Agreement, DEVELOPER shall be
released with respect to all such rights, interests and assumed obligations. In any
event, the transferee, purchaser, or assignee shall be subject to all the provisions
hereof and shall provide all necessary documents, certifications and other necessary
information prior to City Manager approval.
17.3 Developer's Right to Retain Specified Rights or
Obligations. Notwithstanding subparagraphs 17.1 and 17.2 and paragraph 18,
DEVELOPER may withhold from a sale, transfer or assignment of this Agreement
certain rights, interests and/or obligations which DEVELOPER shall retain, provided .
that DEVELOPER specifies such rights, interests and/or obligations in a written
document to be appended to this Agreement and recorded with the Alameda County
Recorder prior to the sale, transfer or assignment of the Property. DEVELOPER's
purchaser, transferee or assignee shall then have no interest or obligations for such
rights, interests and obligations and this Agreement shall remain applicable to
DEVELOPER with respect to such retained rights, interests and/or obligations.
17.4 Permitted Transfer. Purchase or Assignment. The sale or
other transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to
the exercise of any right or remedy under a deed of trust encumbering
DEVELOPER'S interest in the Property shall not require City Manager approval
pursuant to the provision of paragraph 17.1. Any subsequent transfer, sale or
assignment by the Purchaser to a subsequent transferee, purchaser, or assignee shall
be subject to the provisions of paragraph 17.1.
18. Agreement Runs with the Land.
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 12 of 17
August 1, 1997
.
,..-.'
. . ",:. -. ,"
_,_, -.,-n
- ,'.' .
. :: '. -~"-.: :.< ''-'. . " .. .
~:: ':":.' ..-'
-, .... '.' :',.
"- ".~:' -,.~. ::~ ~'.~" ";,': -:',
." "
.
.
.
. ..,.::. . :--'~': -'. ;.
All of the provisions, rights, terms, covenants, and obligations
contained in this Agreement shall be binding upon the parties and their respective
heirs, successors and assignees, representatives, lessees, and all other persons
acquiring the Property, or any portion thereof, or any interest therein, whether by
operation of law or in any manner whatsoever. All of the provisions of this
Agreement shall be enforceable as equitable servitude and shall constitute covenants
running with the land pursuant to applicable laws, including, but not limited to,
Section 1468 of the Civil Code of the State of California. Each covenant to do, or
refrain from doing, some act on the Property hereunder, or with respect to any owned
property, (a) is for the benefit of such properties and is a burden upon such
properties, (b) runs with such properties, and (c) is binding upon each party and each
successive owner during its ownership of such properties or any portion thereof, and
shall be a benefit to and a burden upon each party and its property hereunder and
each other person succeeding to an interest in such properties.
19. B:mkruptcy.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. Indemnification.
DEVELOPER agrees to indemnify, defend and hold harmless CITY,
and its elected and appointed councils, boards, conunissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal fees and
costs) and liability for any personal injury or property damage which may arise
directly or indirectly as a result of any actions or inactions by the DEVELOPER, or
any actions or inactions of DEVELOPER's contractors, subcontractors, agents, or
employees in connection with the construction, improvement, operation, or
maintenance of the Project, provided that DEVELOPER shall have no
indemnification obligation with respect to negligence or wrongful conduct of CITY,
its contractors, subcontractors, agents or employees or with respect to the
maintenance, use or condition of any improvement after the time it has been
dedicated to and accepted by the CITY or another public entity (except as provided
in an improvement agreement or maintenance bond).
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 13 of 17
August 1, 1997
. . ,...'
- .--. ._,.
-. .
. .' . -. .
, ;....... ., - - ~. . . . .
. . - ~ - - -. .
-,' ".,.' .,'
. -" . ~., -
-~ "~~ ~,-.~. ;.-~ " '.-.
'. . ':. ;.' '
21. Insurance.
.
21.1 Public Liability and Property Damaee Insurance. During
the term of this Agreement, DEVELOPER shall maintain in effect a policy of
comprehensive generaIliability insurance 'With a per-occurrence combined single limit
of not less than one million dollars ($1,000,000.00) and a deductible of not more
than ten thousand dollars ($10,000.00) per claim. The policy so maintained by
DEVELOPER shall name the CITY as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement. Notwithstanding the
foregoing, as long as the Surplus Property Authority of Alameda County is the
"Developer" it may self insure to satisfy the foregoing requirements.
21.2 Workers Compensation Insurance. During the term of this
Agreement DEVELOPER shall maintain W orker1s Compensation insurance for all
persons employed by DEVELOPER for work at the Project site. DEVELOPER shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. DEVELOPER agrees to
indemnify the City for any damage resulting from DEVELOPER's failure to maintain
any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of
this Agreement, DEVELOPER shall furnish CITY satisfactory evidence of the
insurance required in Sections 21.1 and 21.2 and evidence that the carrier is required
to give the CITY at least fifteen days prior written notice of the cancellation or
reduction in coverage of a policy. The insurance shall extend to the CITY, its elective
and appointive boards, conunissions, officers, agents, employees and representatives
and to DEVELOPER performing work on the Project.
.
22. Sewer and Water.
DEVELOPER acknowledges that it must obtain water and sewer
permits from the Dublin San Ramon Services District (''DSRSD'') which is another
public agency not 'Within the control of CITY.
23. Notices.
All notices required or provided for under this Agreement shall be in
'writing. Notices required to be given to CITY shall be addressed as follows:
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 14 of 17
August 1, 1997
.
". : :: :~. :-:. :- -. . .:-.- : - -. , ,
--~.: .:.::'. ::'.:":~':- . :.. :'.:.>:.~-~ : '. -"- -
. . .
..' .-.,...
.....
.-,.,',
.,. -~".,
. .. 0 ~ '. -
. 0 .' _
__w'._ -
. .
~. ~.
.
.
.
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Patrick Cashman
Project Director
Surplus Propeny Authority of Alameda County
225 W. Winton Avenue, Room 151
Hayward, CA 94544
and
Adolph Martinelli
Director of Planning
County of Alameda
399 Elmhurst Street
Hayward, CA 94544
A party may change address by giving notice in writing to the other party and
thereafter all notices shall be addressed and transmitted to the new address. Notices
shall be deemed given and received upon personal delivery, or if mailed, upon the
e>.'piration of 48 hours after being deposited in the United States Mail. Notices may
also be given by overnight courier which shall be deemed given the following day or
by facsimile transmission which shall be deemed given upon verification of receipt.
24. Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement
of the parties.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 15 of 17
August 1, 1997
"-- .'
. ."'
.'
"
.'N,n"",: '._ __"' .
.-0''-'"-
.-.,',- ..
Exhibit A Legal Description of Propeny
.
Exhibit B Additional Conditions
Exhibit C Off Site Improvements
26. Counterparts.
'This Agreement is executed in two (2) duplicate originals, each of
which is deemed to be an original.
27. Recordation.
CITY shall record a copy of this Agreement within ten days
following execution by all parties.
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:
Mayor
Date:
.
ATTEST:
APPROVED AS TO FORM:
City Clerk
City Attorney
Surplus Property Authority of Alameda Connty:
Date:
Adolph Martinelli
Its Manager
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 16 of 17
August 1, 1997
.
. "- :.:. : ~':':' .~ .,' - .
" "
. .,'
". .~, . --.:.",
-:.._-........
:- ~ ~
- ~, . -' .. " - -'
. , . ':.' . ". ~~..: - -. .
.
APPROVED AS TO FORM:
Attorney for Surplus Property
Authority of the County of Alameda
(NOTARIZATION ATTACHED)
.
-"
EHS:rja
J :\WPD\MNR5W\114\98\AGREE\SANTARIT.80 1
.
Dublin/Alameda Development Agreement
for Villas at Santa Rita Project
Page 17 of 17
August I, 1997
'"~'. :::.~-<~~~-~.;_::.:-:.. .-:~..~
.. ._-..-.
. . .' .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
'i(,'..<'K'ncnc..('j("vi'X'~~..c<'~..c<'..('j("~...c<'~~..c<'..c<'..,(W,.B('..c<'~..,(W,B(o,B(onc,B(oi'X'vi'X'.c<'..c<'~,(";C,C('.cr,(";C.crncfl'.cr,Q,;Y
@ ~
.1 _~ I
~ County of ~
~ On before me, i
~ Date Name and l1tle of Officer (e.g.. "Jane Doe. NOlary Public") ~
personally appeared
~@ ~
I, Name(s) of Slgner(s) K
~I',.: = personally known to me - OR -!:J proved to me on the basis of satisfactory evidence to be the person(s) ~~..
?i1 whose name(s) is/are subscribed to the within instrument
~ and acknowledged to me that he/she/they executed the IX
g same in his/her/their authorized capacity(ies), and that by K
~.:,. his/her/their signature(s) on the instrument the person(s), ~
~,..:: or the entity upon behalf of which the person(s) acted. ~.
~ executed the instrument. ~
~ WITNESS my hand and official seal. ~
~ ~
~ ~
~ Signature of Notary Public ~
~ OPTIONAL ~
b Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent P
~ fraudulent removal and reattachment of this form to another document. ~
~ Description of Attached Document ~
g g
~ TI T f ~
.,~.'.' It e or ype 0 Document: rl~"
<'>, Document Date: Number of Pages: :~
~ ~
~ Signer(s) Other Than Named Above, ~
~ Capacity(ies) Claimed by Signer(s) ~
~ g
~ Signer's Name, Signer's Name, I
~I;S':'. 0 Individual 0 Individual ~,;.,.'
?t. Corporate Officer 0 Corporate Officer.
~11(:l,.:: Title(s): Title(s): ~
?t, 0 Partner - 0 Limited LJ General 0 Partner - '= Limited C General K
~ LJ Attorney-in-Fact 0 Attorney-in-Fact ~
~ 0 Trustee 0 Trustee ~
~ LJ Guardian or ConseNator 0 Guardian or ConseNator. ~
~ :J Other ,"p o"""m"'" 0 Other '" o""m"'" ~
~ ~
~ Signer Is Representing, Signer Is Representing' I~
I .,
~ .
~ ~
.~~~~"!';l(,.~~~~~'g"~~~~~,g<,;,',,,,<;.'g,;.~'9"~
@1995 National Notary Association' 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder, Call ioll-Fre. 1-800-876-6827
..:.'."_: -- ,... - , .
'.-
-....
. I"~.
. -
.
.
.
Brian Kangas Foulk
:;Jgineers. Surveyors. Planners
August 4, 1997
BlJ Project No. 965059-12
PROPERTY DESCRIPTION
PARCEL ONE - GROSS
PARCEL MAP 7125
_~L that certain real propeny situate in the City of Dublin, County of l>Jameda, State of California
and described as follows:
BEING a portion of the Remainder Parcel as said Parcel is shown on that c"ertain map entitled
"PARCEL MI\P 7042, SANTA RlTA PROPERTY", filed March 31, 1997 in Book 229 of Parcel
Maps at Pages 50 through 54, inclusive, in the Office of the Recorder of Alameda County, State
of California, said portion being more particularly described as follows:
BEGJ:NNIN"G at the westerly terminus of that certain course delineated as "North 88048'09" West
1539.20 feet" on the northerly right of way line of Central Par1."Way as said course is shov-m on said
map;
THENCE from said POINT OF BEGIN"NIN"G along the perimeter line of said Remainder Parcel
the follO\ving fifteen (15) courses:
1)
South 01011'51" West 106.00 feet;
=)
South 88048'09" East 25.00 feet;
3)
South 01011'51" West 549.52 feet;
4)
along a curve to the right having a radius of70.00 feet through a cenual angle of] 3050'45".
an arc distance of 16.92 feet;
5)
South 15002'36" West 22.36 feet;
6)
along a curve to the left having a radius of90.00 feet through a central angle of 13050'45",
an arc distance of21.75 feet;
7)
South 01011'51 ",West 113.08 feet:
8)
along a curve to the right having a radius of 40.00 feet through a cenua] angle of 90''3::'04 ".
an arc distance of 63.20 feet;
Exhibit "A"
Page 1 of2
2737 North Main Street, Suite 200 . Walnut Creek. CA 9459B · (510) 940-2200 · FAX (510) 940.Z:!99
:-.-..'.'...:- .
,.. "--",
, - . . , . - .. - .
- . - - -. '-.. .: .' " : - '-'.,:: .:~ ~:'.-'," :", :~:.:..... .' -. .
:-:- ',-, '-. ,':' ". "-':' '.". ~ --
"'-'
August 4, 1997
BKF Project No. 965059-12
Parcel One, Parcel Map 7125
.
9) North 88016'05" West 607.07 feet;
10) along a curve to the right having a radius of 40.00 feet through a centTal angle of 89027'56".
an arc distance of 62.46 feet;
] ]) North 010] ] '5] " East 25.37 feet;
12) North 88016'05" West 9.00 feet;
13) North 01011 '5]" East 744.48 feet;
14) North 88048'09" West 12.00 feet;
15) North 01011 '51" East 68.00 feet to a point on a line that is parallel ",rjth and distant] 5.00
feet northerly from the westerly prolongation of said northerly right of way line of Central
Parl."'Way;
THENCE leaving said perimeter line along said parallel line South 88048'09" East 285.00 feet:
.
THENCE leaving said parallel line South 01011 '51" West 15.00 feet to the westerly prolongation
of said northerly right of way line of Central Parl."way;
THENCE along said westerly prolongation of said northerly right of way line of Central Parkv.:ay
South 88048'09" East 408.03 feet to the POINT OF BEGINNING.
Containing a gross area of 14.013 acres ofland, more or less.
This property description has been prepared by me, or tmder my direction, in confoITI1ance with the
Professional Land Surveyors Act and shall not be utilized in any conveyance which violates the
Subdivision Map Act of the State of California or local ordinances.
This description was prepared for Brian Kangas Foulk.
.r)
By: 1~:u..J ~t.........,-~~
Paul Kittr6age, P.LSc:}Jo. )790
License Expires: 06/30/00
Dated:
l? /4 /'17
k:\swvey\940 I 58.50\lepls\pm 7125-j;.wpd
Exhibit "'A"
Page 2 of2
.
. -....
. ...... _: _0, : :_._ _ _.
'~.."-; .,,:>--..":.:~'.:.:.:-<"..:'":.:~:.~. ..
.. :. ~: .':-:
- . ~.. - . - .. - ," -
. . .
.. __'. ftO. ",
.. :- -.-." . .: ::'.: ..~:' ..
. - '.
.:
.
.
.
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3 above.
Subparae:raph 5.3.1 - Subsequent Discretionarv Aoorovals
Not applicable.
Subparae:raoh 5.3.2 - Mitil!ation Conditions
Subsection a.
Infrastructure Seauencim! Prol!ram
The Infrastructure Sequencing Program for the Project is set forth below. Off-site improvements
are generally depicted in Exhibit C.
(i) Roads
A. Imorovements to be Constructed Prior to Certificate of Occuoancv
Prior to issuance of the first Certificate of Occupancy for any building which is part
of the Project, the project-specific roadway improvements (and offers of dedication) identified in this
Agreement and in the Traffic Study for the Villas at Santa Rita, dated March 10, 1997, prepared for the
City of Dublin by TJKM Transportation Consultants, which are described below, shall be completed by
DEVELOPER to the satisfaction of the Public Works Director.
1. Tassaiara Road. between Dublin Boulevard and 1-580
Tassajara Road shall be widened to four through lanes between Dublin
Boulevard and 1-580. The widening shall consist of: two northbound lanes, two southbound lanes. two
northbound left-turn lanes and two shoulders. The widening shall extend north of Dublin Boulevard with
smooth transition to existing conditions.
2. Central Parkwav Alonl! North Boundarv ofProiect
Central Parkway (formerly the Transit Spine) is a new street that is planned
to ultimately exiend from Hacienda Drive east to Tassajara Road. The following portions of Central
Parkway shall be constructed by DEVELOPER and/or COUNTY:
Along the north boundary of the Project, the south half of Central Parkway
shall be constructed to include a 14-foot travel lane, 6-foot bike lane, and 8-foot parking lane. The north
half of Central Parkway shall be constructed to include a 20-foot travel lane. A 30-foot landscaped
median island (with curbs) shall be constructed along the entire frontage of the property at the centerline
I
Exhibit B
August 1. 1997
'-....-..
.'- .-
.' .' -".
~ .;)/.. ~'-:"~: ::"~:':..
...' .',- ,
of the right-of-way. The south half improvements shall include curb, gutter, landscaping and sidewalk.
The north half improvements shall include headerboard and earth drainage ditch.
3.
Intersection Improvements
.
a) Hacienda Drive at Central Parkwav:
Southbound Hacienda Drive north of the Central Parkway Extension
shall be widened to include one 250-long 12-foot right-turn lane, one 12-foot through lane, one 250-foot
long 12-foot left-turn lane, and a 5-foot bike lane.
Northbound Hacienda Drive south of the Central Park.'Way Extension
shall be widened to include one 12-foot left-turn lane, one 12-foot through lane, one funrre 12-foot
through lane, one 12-foot right-turn lane, and one 8-foot emergency parking lanelbike lane.
Eastbound Central Parkway Extension west of Hacienda Drive shall
be widened to include one 17-foot right-turn lane, one 12-foot left-turn lane, and one 12-foot through lane.
Westbound Central Parkway east of Hacienda Drive shall be
widened to include a 5-foot bicycle path, a 12-foot through lane, and a 250-foot long 12-foot left-turn
lane.
b) Hacienda Drive at Dublin Boulevard:
Southbound Hacienda Drive north of Dublin Boulevard shall be .
widened to include one 12-foot left-turn lane, two 12-foot through lanes, and an 8-foot emergency
parkinglbike lane. Two 10-foot left-turn lanes may be constructed at the option of DEVELOPER and with
consent of CITY'S Public Works Director.
B. Improvements Needed at Time of Development of Otber Proiects
1. Hacienda Drive Tbroueb Lane
The Public Works Director shall determine when a third northbound
through lane on northbound Hacienda Drive (south of Central Parkway) is required. Within one year of
written notification from the Public Works Director, DEVELOPER shall design and install the through
lane to the satisfaction of the Public Works Director. To the extent practical the notice shall be timed so
that the work shall be completed immediately prior to the need for the through lane, based on Average
Daily Traffic (ADT) warrants.
2. Dublin Boulevard. between Hacienda Drive and BART Station
A 4-lane road is required between Hacienda and the BART Station. Within
one year of written notification from the Public Works Director, and provided that the Surplus Property
Authority of Alameda County has obtained title or right-of-entry to the required right-of-way, the
DEVELOPER shall design and construct the 4-lane road to the satisfaction of the Public Works Director.
2
Exhibit B
August 1, 1997
.
. . '.' ~
'. - . -".,
-.. ...
, -,
. - ~.. .' .
. - ~ - . - .
. . . .... p- / ----,-. '.",'
- -. - ,-. --., -- ".
...> ~:: ~::: ~:...~::;.: ~ft:'_~ :::.: -::'.": :.~~ ~:: :'"..- .~: .~" -._ .. . ---." .' _
,. .... . .
'-:' ".' ..'....; .
. ~. .' .
._ wO, -" . -. --
. - ," ,
r.' -..,..- ..,.
.
To the extent practical, the notice shall be timed so that the work shall be completed immediately prior to
the need for the improvements, based on ADT warrants.
3. 1-580 at Santa Rita Roadrrassaiara Road Eastbound Ramp
The Public Works Director shall determine when the eastbound off-ramp
from I~580 at the Santa RitalTassajara Road exit shall be widened or restriped to provide one exclusive
through lane and two left-turn lanes (with the existing free right-turn lane remaining). In conjunction with
this improvement, the traffic signal should be modified to provide protected left-turn phasing on the east
and west legs (removing the existing split phasing). Within one year of notification by the Public Works
Director, and provided consent from Caltrans and the City of Pleasant on, if necessary, has been obtained,
DEVELOPER shall design and construct the improvements to the satisfaction of the Public Works
Director with input from the City of Pleasant on where applicable. To the extent practical, the notice shall
be timed so that the work shall be completed immediately prior to the need for the improvements, based
on ADT warrants.
C. Miscellaneous
The obligation of subsection B (1) to (3) above shall be of no force or effect until
DEVELOPER obtains the first building permit for the Project. Once effective, such obligation shall
survive tennination of this Agreement. City shall provide a credit to DEVELOPER for the cost of the
improvements specified in Subparagraph 5.3.2(a)(i)(B) in the manner, at the times and subject to the
conditions provided in Subparagraph 5.3.6(a), (b) and (c).
. Within sixty (60) days of the effective date, DEVELOPER shall provide CITY with
security for the costs of design and construction of the improvements described in subparagraph B (1). (2)
and (3) above in an amount satisfactory to the Public Works Director. The security shall consist of a
document, satisfactory to the City Attorney, pledging DEVELOPER'S existing credits against payment of
the traffic impact fees as security. The security required by the preceding sentences is not a substitute for
the Improvement Agreement and bonds required by Subparagraph 5.3.2, subsection (b) (ii) and (iii)
below.
The CITY may impose a condition on future projects which benefit from the
improvements described in subparagraph B (1), (2)~ and (3) to contribute such future project's share of the
cost of the improvement, provided the improvements are not constructed by DEVELOPER prior to the
approval of such future projects.
DEVELOPER shall be responsible for transitioning existing improvements to
match improvements required by this Agreement, including dedications, to the satisfaction of the CITY'S
Public Works Director.
(ii) Sewer
.
All sanitary sewer improvements to serve the project site (or any recorded
phase of the Project) shall be completedjn accordance with and at the times specified in the tentative
parcel map.
...,
.J
Exhibit B
August L 1997
-,.-"
- -
- -,... . ,.--. ;_.'.
. .,..-
(iii) Water
.
An all weather roadway and an approved hydrant and water supply system
shall be available and in service at the site in accordance with and at the times specified in the tentative
parcel map to the satisfaction and requirements of the CITY'S fire department.
All potable water system components to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with and at the times specified in the
tentative parcel map.
Recycled water lines shall be installed in accordance with and at the times
specified in the tentative parcel map.
(iv) Storm Drainae:e
Prior to issuance of the first Certificate of Occupancy for any building
which is part of the Project, the storm drainage systems off site, as well as on site drainage systems to the
areas to be occupied, shall be completed to the satisfaction and requirements of the Dublin Public Works
Department applying CITY'S and Alameda County Flood Control and Water Conservation District, Zone
7 (Zone 7) standards and policies which are in force and effect at the time of issuance of the permit for the
proposed improvements and shall be consistent with the Drainage Plan. The site shall also be protected
from storm flow from off site and shall have erosion control measures in place to protect downstream
facilities and properties from erosion and unclean storm water consistent with the Drainage Plan,
(v) Other Utilities (e.e:. e:as. electricit", cable television, telephone)
.
Construction shall be complete prior to issuance of the first Certificate of
Occupancy for each building which is part of the Project.
SubsectioD b.
Miscellaneous
(i)
Completion Ma" be Deferred.
Notwithstanding the foregoing, CITY'S Public Works Director may. in his
or her sole discretion, and upon receipt of documentation in a form satisfactory to the Public Works
Director that assures completion, allow DEVELOPER to defer completion of discrete portions of any of
the above public improvements until after final inspection of the first building permit for the Project if the
Public Works Director determines that to do so would not jeopardize the public health, safety or welfare.
(ii) , Improvement Aueement
Prior to approval of the final parcel map, DEVELOPER shall submit plans
and specifications to CITY'S Public Works Director for review and approval for the Improvements
described in Subparagraph 5.3.2.(a)(i) and (iv), above (roads and storm drainage). DEVELOPER shall
enter into an Improvement Agreement with CITY for construction and dedication of such Improvements
4
Exhibit B
August 1, 1997
.
."- .
.....
" ,
,. -.,-
-.,"
, '
"_-:"'::'--"'-:":":':<~'/-:;':::;;':"'::::"" ,
"
. ..:.~: -:. . .,
, "
....
-:''- ,'..."
. prior to approval ofthe final parcel map. All such improvements shall be constructed in accordance with
CITY S standards and policies which are in force and effect at the time of issuance of the permit for the
proposed improvements, and to the satisfaction of the Public Works Department. With the approval of
the CITY'S Public Work's Director, the Improvement Agreement may be executed by the
DEVELOPER'S Optionee.
In the event that CITY enters into an Improvement Agreement with an optionee of DEVELOPER
and accepts bonds from a surety who is obligated to such optionee and the option to purchase the property
is not exercised, DEVELOPER shall remain obligated to construct the improvements which were the
subject of the Improvement Agreement. DEVELOPER agrees that in that event it will not be entitled to a
building permit for the property until the improvements are constructed or it enters into an Improvement
Agreement with CITY secured by bonds, as specified in (iii) below, This paragraph shall survive
termination of the Agreement.
(iii) Bonds
.
Prior to execution of the Improvement Agreement, DEVELOPER (or its
optionee, with the approval of the Public Works Director) shall provide a cash monumentation bond, a
performance bond and a labor and materials bond or other adequate security to insure that the
improvements described in Subparagraph 5.3.2(a)(i) and (iv) (roads and storm drainage) above will be
constructed prior to issuance of the first Certificate of Occupancy for any building which is part of the
Project. The performance bond or other security shall be in an amount equal to ] 00% of the engineer's
estimate of the cost to construct the improvements (including design, engineering, administration, and
inspection) and the labor and materials bond shall be in an amount equal to 50% of the engineer's
estimate. The bonds shall be written by a surety licensed to conduct business in the State of California
and approved by CITY'S City Manager.
(iv) Ri!!ht to Construct Additional Road Improvements
With the prior written consent of CITY'S Public Works Director,
DEVELOPER may construct roadway improvements which are not described in this Exhibit B if such
improvements are described in the resolution establishing the Eastern Dublin Traffic Impact Fee and if
such improvements are constructed in their ultimate location.
DEVELOPER shall be required to enter into an Improvement Agreement
and provide bonds for such improvements, as provided in Subsection (b)(ii) and (iii) above, prior to
construction. CITY shall provide a credit to DEVELOPER for the cost of such improvements in the
manner and subject to the conditions provided in Subparagraph 5.3.6, Subsections (a), (b) and (c).
Subpara!rr8ph 5.3.3 - Phasin!!:. Timin!!:
.
This Agreement contains no requirements that DEVELOPER must initiate or complete
development of the Project or any phase of the Project within any period ohime set by CITY. It is the
intention of this provision that DEVELOPER be able to develop the Property in accordance with its own
time schedules. The conditions contained in this Exhibit B shall become applicable at the time set forth
herein once DEVELOPER initiates the Project.
5
Exhibit B
August 1, 1997
-.,.-...
...
SubDarae:raph 5.3.4 - Financin2 Plan
.
Except as provided in Subparagraph 5.3.2(b)(i) (Completion May Be Deferred), DEVELOPER
will provide all infrastructure described in Subparagraph 5.3.2(a)(i)(A) prior to issuance of the first
Certificate of Occupancy for the Project.
DEVELOPER intends to install all road improvements necessary for the Project at its own costs
(subject to credit for any Traffic Impact Fees as provided in Subparagraph 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and recycled water services to the
Project will be made available by the Dublin San Ramon Services District. DEVELOPER has entered
into an "Area Wide Facilities Agreement" with the Dublin San Ramon Services District to pay for the cost
of extending such services to the Project. Such services shall be provided as set forth in Subparagraph
5.3.2(a)(ii) and (iii) above.
Subparal!:l"3ph 5.3.5 - Fees. Dedications
Subsection a.
Traffic impact Fees.
DEVELOPER shall pay all traffic impact fees applicable to the Project which are in effect at the
time of issuance of any building permit for the Project. Such fees include the Traffic Impact Fee for
Eastern Dublin established by Resolution No. 41-96, including any future amendments to such Fee. .
Notwithstanding the provisions of Resolution 41-96, DEVELOPER agrees to pay such fees for all 324
units at the time of issuance of the first building permit.
DEVELOPER and CITY acknowledge that DEVELOPER is entitled to certain credits ("1991
Credits") against payment of the Traffic Impact Fee for Eastern Dublin by separate agreements previously
entered into between DEVELOPER and CITY in 1991. DEVELOPER agrees that, notwithstanding its
entitlement to such 1991 Credits, its 1991 Credits cannot be applied against payment of the "Section 2"
and "Section 3" portion of the Traffic Impact Fee for Eastern Dublin. DEVELOPER (and its assignees)
will, rather, pay the "Section 2" and "Section 3" portion of the fee in cash.
DEVELOPER further agrees that it (and its assignees) will use the 1991 Credits against one-half
(1/2) of the "Section 1" portion of the Traffic Impact Fee for Eastern Dublin. CITY shall determine
which of the 1991 Credits shall be used pursuant to this paragraph.
Subsection b.
Traffic Impact Fee to Reimburse Pleasanton for Freewav Interchane:es
DEVELOPER shall pay the Eastern Dublin 1-580 Interchange Fee established by City of Dublin
Resolution No. 11-96 or any subsequent resolution which revises such Fee if such Fee is effective at the
time of issuance of any building permits for the Project. DEVELOPER shall be released from its
obligation, as set forth in the preceding sentence, if a lawsuit is filed challenging the Project approvals,
this Agreement, the CITY'S compliance with CEQA for the Project, the Eastern Dublin Traffic Impact
Fee, or any other aspect of the development of the Property. Notwithstanding the provisions of .
6
Exhibit B
August 1, 1997
.
.
.
,. . - -
, . .. .
"t.-. ."
Resolution No. 11-96, DEVELOPER agrees to pay such fees for all 324 units at the time of issuance of
the first building permit.
Subsection c.
Public Facilities Fees.
DEVELOPER shall pay a Public Facilities Fee in the amounts and at the times set forth in City of
Dublin Resolution No. 32-96, adopted by the City Council on March 26, 1996, or in the amounts and at
the times set forth in any resolution revising the amount of the Public Facilities Fee. Notwithstanding the
provisions of Resolution No. 32-96, DEVELOPER agrees to pay such fees for all 324 units at the time of
issuance of the first building permit.
CITY has formed a task force to make recommendations to the City Council regarding the
facilities to be constructed on the 56-acre City Park, the phasing of construction of such facilities and
other matters related to the City Park. CITY has circulated a request for proposals to hire a landscape
architect to assist the task force with the development of the City Park Master Plan. Upon adoption of the
Master Plan by the City Council (anticipated Spring 1998), CITY intends to prepare plans and
specifications for construction of the first phase of the City Park. CITY anticipates to award a contract
for construction of the first phase of the City Park during fiscal year 1998-1999. Notwithstanding the
preceding paragraph, upon 30 days' notice from CITY but not later than 12 months from the effective date
of this Agreement, DEVELOPER or the County shall dedicate to CITY in fee simple 12.31 acres of land
for the City Park located east of Tassajara Creek. The exact location of the land to be dedicated shall be
detennined by CITY. The land to be dedicated and underlying groundwater shall be free of hazardous
substances. The dedication of 3 .24 of the total 12.31 acres by DEVELOPER shall satisfy
DEVELOPER'S obligation under Dublin Municipal Code Chapter 9.28 (CITY'S "Quimby Act
Ordinance") for community park land and neighborhood park land for the Project and shall be a credit
against the portion of the Public Facilities Fee for the Project for "Community Parks, Land" and
''Neighborhood Parks, Land."
The dedication of9.07 of the total 12.31 acres by DEVELOPER may be used by DEVELOPER as
a credit against its obligation under Dublin Municipal Code Chapter 9.28 for community park land and
neighborhood park land and the portion of the Public Facilities Fees for "Community Parks, Land" and
"Neighborhood Parks, land" for future projects on its remaining Santa Rita property.
Subsection d.
Noise Mitie:ation Fee.
DEVELOPER shall pay a Noise Mitigation Fee in the amounts and at the times set forth in City of
Dublin Resolution No. 33-96, adopted by the City Council on March 26, 1996.
Subsection e.
. School Impact Fees and Fire Impact Fees.
School impact fees shall be paid by DEVELOPER in accordance with Government Code section
53080.
DEVELOPER shall pay a fire facilities fee in the amounts and at the times set forth in City of
Dublin Resolution No. 37-97, adopted by the City Council on April 15, 1997.
7
Exhibit B
August 1, 1997
,'. -
- .-'-".
Subsection f.
Re2:ional Transportation Impact Fee.
.
In the event that the Tri-Valley Transportation Council recommends and the City Council adopts a
Regional Transportation Impact Fee to pay for regional transportation improvements in the Tri-Valley
area, DEVELOPER will pay any such fee in effect at the time of issuance of any building permits for the
Project. By so agreeing, DEVELOPER does not waive its rights to challenge the legality of any such fee.
Subsection 2:.
Specific Plan Implementation Fee.
Prior to issuance of the fIrst building permit for the project, DEVELOPER shall pay a "Specific
Plan Implementation Fee." The amount of the fee shall be the Project's pro rata share on an acreage basis
of CITY'S then current costs for implementation of the SpecifIc Plan and the mitigation measures of the
fInal Environmental Impact Report for the Specific Plan.
Subsection h.
Dedications.
DEVELOPER agrees to dedicate the following property (owned by DEVELOPER) required for
roadway improvements to CITY in fee simple and both the land and groundwater shall be free of
hazardous substances:
1. Sufficient land to construct six lanes with shoulders for Tassajara Road from
Dublin Boulevard to 1-580 including right-of-way for transitions north of Dublin Boulevard.
.
2. 122 feet at the west end and 106 feet at the east end, for the right-of-way for
Central Parkway from Hacienda Drive to Hibernia Drive.
3. 20 feet for Dublin Boulevard fronting the project (for a total width from centerline
to property line of 91 feet).
4. 136 feet wide at the northern portion of the frontage and 145 feet wide at the
southern end of the frontage, for the right-of-way for Hacienda Drive between Dublin Boulevard and
Central Park.'Way.
5. Any additional right-of-way necessary to construct the intersection improvements
and transitions listed in Subparagraph 5.3.2a(i)(A)(3) above.
Subpara2:raDh 5.3.6 - Reimbursement/Credit
Subsection a.
Traffic Impact Fee Imorovements Credit.
CITY shall provide a credit to DEVELOPER consisting of 16 feet of Central Parkway and J 4 feet
oflandscaped median abutting.the project site (which is a portion of the improvements to be constructed
per Subparagraph 5.3.2a(i).t\2, if such improvements are described in the resolution establishing the
Eastern Dublin Traffic Impact Fee and if such improvements are constructed to their ultimate size and .
their ultimate location:
8
Exhibit B
August 1. J 997
.
.
.
-".'.
The amount of the credit to be given shall be determined by City's Public Works Director at the
time of the Improvement Agreement referred to in Subparagraph 5.3.2 subsection (b)(ii) using the costs
of construction used by CITY in calculating and establishing the Traffic Impact Fee. The amount of the
credit, once established, shall not be increased for inflation nor shall interest accrue on the amount of the
credit.
The credit shall be applied against the "Section 1" portion of the traffic impact fees required to be
paid pursuant to Subsection (a) of Subparagraph 5.3.5. The credit shall not be applied against the
"Section 2" or "Section 3" portion of the Traffic Impact Fee for Eastern Dublin.
Subsection b.
Traffic Impact Fee Rieht-of-Wav Dedications/Credits.
CITY shall provide a credit to DEVELOPER for 46 feet of right-of-way dedicated for Central
Parkway abutting the project site (which is the right of way to be dedicated pursuant to Subparagraph
5.3.2a(i)A2), which is required for roadway improvements which are described in the resolution
establishing the Easter Dublin Traffic Impact Fee:
The amount of the credit to be given shall be detennined by CITY'S Public Works Director at the
time of dedication of the right-of-way using the right-of-way values used by CITY in calculating and
establishing the Traffic Impact Fee. The amount of the credit, once established, shall not be increased for
inflation nor shall interest accrue on the amount of the credit.
The credit shall be applied against the "Section 1" portion of the traffic impact fees required to be
paid pursuant to Subsection (1) of Subparagraph 5.3.5. The credit shall not be applied against the
"Section 2" or "Section 3" portion of the Traffic Impact Fee for Eastern Dublin.
Subsection c.
Use of Excess Credits.
In the event that credits referred to in Subsections (a) and (b) of this Subparagraph 5.3..6 (Traffic
Impact Fee credit for construction of 16Jeet of Central Park"'Way and 14 feet of landscaped median
abutting the project site and 46 feet of right-of-way dedicated for Central Park"'Way abutting the project
site) are in excess of the amounts of credits which can be applied against the traffic impact fee payable
pursuant to Subsection (a) of Subparagraph 5.3.5. (i.e., one-half of the "Section 1" portion of the Traffic
Impact Fee for Eastern Dublin), DEVELOPER shall be entitled to "bank" such credits (referred to as
"Excess Credits") and may use them as provided herein. The Excess Credits shall not bear interest, nor
shall the amount thereof be increased for inflation. The Excess Credits may only be used for future
projects on DEVELOPER'S "Santa Rita" property.
SubsectioD d.
.Illustrative Example.
The following is an example for purposes of illustration only and not using actual numbers of how
the payment of the Traffic Impact Fee would be accomplished in cash and through the use of credits:
9
Exhibit B
August 1, 1997
- ,.-..
. ,
Traffic Impact Fee (324 units at $2,928)
.
Section]
Section 2
Section 3
$664,640.64
$]98,271.80
$ 85.759.56
Total: $948.672.00
Credit for Construction ofImprovements and Dedication of Right-of. Way
TIF Credits for Construction
(Exhibit B, ~5.3.6(a))
$140,000
Right-of- Way Credit
(Exhibit B, ~5.3.6(b))
$180.000
TOTAL:
$320,000
Payment of Traffic Impact Fees
Section ]
$332,320.32 paid by use of prior credit from Roadway Agreement,
(" 1991 credits")
$320.000.00
paid by use of new credit for right-of.way dedicated
and road improvements constructed as part of the project
.
TOTAL
REMAINING: $ 12320.32
paid in cash or by credits from other projects, as pennitted
Section 2
Section 3
$198,271.80 cash
$ 85,759.56 cash
"Excess Credits" if any -0.
(Exhibit B, ~5.3.6(c))
Suboaral!l"aoh 5.3.7 - Miscellaneous
Subsection a.
Landscaoine Maintenance Alonl!: Streets and Creek
CITY has formed a landscape maintenance district known as the "Landscape Maintenance
Assessment District No. 97-1 (Santa Rita Area)" pursuant to a petition from DEVELOPER, and imposed
an assessment against the Property to pay for street and creek landscape maintenance. In addition, on
September 24, 1996, DEVELOPER recorded a Declaration of Covenants, Conditions and Restrictions
which covers the Property, whereby DEVELOPER, on behalf of itself and its successors, has covenanted
to pay a "Deed Assessment" to CITY for maintenance of street and creek landscaping.
.
g:pa97-o07/exhibitB
10
Exhibit B
August L 1997
..,.. ..
, ~~ T ' ': :,' ~
'Wi .113:>
; 18! i<l!~ ~
;~l I, I \
11l...~&lIE_!
CENTRAL PARKK'A ~'
-*
-lIS
! TASSAJARA ROAD
~r""- _-
~ ,
...""'-... ...
- ~
-"
-"
- .
....'0'........11"<
- f-
'l\'1"-IIIIIJtoI""'-
m j ~__'.""
~ X I~.a !
I I,ar-oA/IIII!.!
\_(") ;1__.....1
1__:
. - -.-- - -
1:::-
11:-
'-
l!'1IVJJPIH( (""
:~fVlt't fr- I ~
~ '. I! ~
," I ~ !
, ,
, '
I' I i
nln n n r
n n
~
~
r-
s:
l!:<
~ ~
J
- -,
( "
- -,
,- - - f1
~,
-', I' r. '.
~ ~ 't
.
'",
\ I'
~ "-::'
'-= /1:
f .1
.: ll'l.fll.1 ~; e. (,:,:
: ;. I:
I:
ii!,:1 ' Ii
"\'. I Ii
! : : ( I If"
: ,! ,1 , r.
! n i !
!TI!
:<:;,
I ~ ~
' ~ \
~/ ~ III
..... ' I
U) ,j II
~ I
>-
;:c
:::;
>- !
I
, I
\;: \
I. I
I
I :. I!
',I "II I I!
I I 1 ' i !
! '\~1':':" ~Iu. I" ;\
I I . ~ I .'
I ,~ " I
0~: !
~~'I I
,/ ~~:/@,' .:::;r. '. ' "
v: V'~~ ~!'....)t 1('
, V:
". v::: , tv'
..~, 0
l~ V' tv'
1~ ~ ~
~ II:, ~ ii
i i "~V~< n;n n~nill"
!' V,;: .: M ! I,
,~I,: M Ii;
: ~ :~Mtltif
;~ ~::,
,~ ~
I i'A ,
\ t1 ' i
, t!
\ \ I I!
II \~ 1,1
, ~ \ ~ ::~ <
1~ j!\\tl\~,
I ~ 1 ' ~
I ~ I' . ~'
I . ~,
I' .~
'I ,:::;,
I I I >-
, :
,
I
i
I
I
1'1\
, , !
i
:~
w
'\J 'Ii D '('
: I
\
I
II
n: n i'l
, ,I
: ,
I!
; !
I
!
! i
11,IV
i i
, I
! I
\ !
Ii
: I
i i
I I
II
I'
I 1\
\ I, 11
~\ I I , I,
II , I ,\ I 'Ii II,
1.ls lilli, \ ,
VILLAS AT SANTA RITA.
EXHIBIT C
Brian Kangas fIIIIk
[npin...n . SuT"ltlVOn . Plonnets
,
:;0':')1 IHCJII1"I1101&1t. ~'m.~r \.
~..;";"""", " 0<," ' r
~~gj;);:~~~~ fll,r: j -
I?
J~
o\,JeLl~;
:;out.!'!.... 0=- Ai......"f;:Oot. eM FOf'l~I'"
, :
, ;