HomeMy WebLinkAbout6.10 Tassajara Meadows II, AGMT
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CITY CLERK
File # D[6][Q][(1]-[b]B]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 20, 1999
SUBJECT:
ATTACHMENTS:
RECOMMEl\'lJA TIONcrI
. FINANCIAL STATEMENT:
DESCRIPTION:
BACKGROUND:
PUBLIC HEARING P A 98-035 Tassajara Meadows n.,
Development Agreement (Prepared by Eddie Peabody, Jr.,
Conununity Development Director)
1. Development Agreement for Tassajara Meadows
2. Ordinance adopting Development Agreement for Tassajara
Meadows.
1. Open Public Hearing.
2. Receive Staff presentation and receive public testimony.
3. Question Staff and the public
4. Close Public Hearing and deliberate.
5. Waive reading and introduce Ordinance _-99 (Attachment 2)
approving the Development Agreement.
No fmancial impact anticipated.
An Ordinance approving a Development Agreement between the
City of Dublin, Mission Peak Homes, Inc., and Alameda County
Surplus Property Authority. The Development Agreement is
required by the Eastern Dublin Specific Plan. Items included in the
Development Agreement include, but are not limited to, the
financing and timing of infrastructure; payment of traffic, noise and
public facilities impact fees; oversizing of roads and general
provisions.
The project is located at the northwest comer of Tassajara Road and Gleason Drive, within the Eastern
Dublin Specific Planning Area. The Specific Plan was adopted by the City of Dublin in November of
1993, and established land use designations for approximately 3,300 acres ofland east of the Camp Parks
military reserve. The project was given a land use designation of the "Medium Density Residential" in
the Specific Plan.
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COPIES TO:
Mission Peak Homes, Inc.
Alameda County Surplus Property Authority
In House Distribution
ITEM NO.
6.tD
The project site is part of the 800+ acre property known as the Santa Rita Property, owned by the
Alameda County Surplus Property Authority, formerly used for U.S. Army military activities. All
structures from previous uses have been removed.
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ANALYSIS:
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Procedural Background:
One of the implementing actions of the Eastern Dublin Specific Plan calls for the City to enter into
Development Agreements with developers in the plan area. The Development Agreement provides
security to the developer that the City will not change its zoning and other laws applicable to the project
for a specified period oftime. 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.
City procedure requires that there be three public hearings on Development Agreements. The purpose for
the hearing before the Planning Commission is to recommend the approval for the Agreement to the City
Council. The first Public Hearing before the City Council is to introduce the Ordinance and the second
public hearing is to adopt the Ordinance. The Ordinance will become effective 30 days after the second
reading. The Planning Commission heard the Development Agreement at their April 13, 1999 meeting
and recommended that the City Council adopt the attached ordinance.
Development Agreement:
Attached to this Staff Report is a Development Agreement (Attachment I) between the City of Dublin,
Mission Peak Homes, Inc., 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 proj ect. These
needs are determined based on submittal of engineering studies and plans.
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The Agreement: The City Attorney drafted the proposed Development Agreement with input from City
staff, Mission Peak Homes, Inc. 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, 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 thereunder can be assigned. The main points of
the Development Agreement can be found in Exhibit B of Attachment 1 of the Development Agreement
and are highlighted below:
Infrastructure Construction and Traffic Impact Fees: 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.
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Based on the traffic study conducted for the Tassajara Meadows II. project, it was determined that certain
improvements were required to the circulation system as a result of the projected future traffic from the
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. project. These improvements include improving some roadways, widening some roads, the improvement
of certain intersections in Dublin and Eastern Dublin, the ultimate construction of the Tassajara
Road/Santa Rita Road/I-580 interchange. In addition to these standard transportation requirements,
. Tassajara Meadows II has been required to construct Gleason Drive from Tassajara Creek to Tassajara
Road as a part of the Development Agreement.
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.
RECOMMENDATION:
Staff recommends that the City Council open the Public Hearing, take testimony from Staff and the
public, deliberate, waive the first reading and introduce the Ordinance adopting the Development
Agreement for Tassajara Meadows II.
G:98035 ccsrapri120da
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City of Dublin
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'Vhen Recorded Mail To:
City Clerk
City of Dublin
1 00 Civic Plaza
Dublin, CA.. 94568
Space above this line for Recorder's Cse
DEVELOPI\1ENT AGREE!\1ENT
BET\VEEN THE
CITY OF DUBLIN
.AND
THE SURPLUS PROPERTY AUTHORITY
OFTHECOUNTYOF~EDA
AND
MISSION PEAK HOMES, INC.
FOR THE TASSAJ.ARA.M:EADOWS II (COUNTY SITE 1) PROJECT
ATTACHMENT 1
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TABLE OF CONTENTS
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1.
De~cription of Property.
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') Intere~t of Developer. . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . ' . . . ' .' . ' , . 3
3. Relation~hi!", of City, County and Developer. . . . . . . . . . . . . . . . . . , . . . . . ' . 3
4. Effective Date and Term. ........................................ 3
4.1 Effective Date. ........................................... 3
4.2 Term.. . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . . . 3
:J. U~e of the Propeny. ...............,. . . . . . . . . . . . . . . . . . . . . . . . ' . . ' 3
5.1 Ri~ht to Deve]o!"' ...........................,.....,"',... 3
5.2 Permitted U~es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' , , . . . . . 4
5.3 Additional Conditjon~ .................,.......,..,"",... ~
6.
Applicable Rule~. Re~lation5 and Official Policies .................... 5 .
6.1 Rules re Permitted U~es . . . . . . . . . . . . . . . . -. . . . . . - . . . . . . . . . . . . 5
6.2 Rules re Desj~ and Construction ............................ 5
6.3 Uniform C0des AI,!,licahle . . . . . . ' . . . . ' . . ' . . . . . . . ' . . . . ' . . ' - . - 5
7.
Sub~equentJy Enacted Rule~ and Re~lations . . . . . . . . . . . . . . . . . . . . . . . . . 5
7.1 New Rules and Re~lations ..............................:.. 5
7.2 -Approval of Application ..:..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7.3 Moratorium Not Applicable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8.
Sub~eouentlv Enacted or Revised Fees. Ac:;~essment~ and Taxes . . . . . . . . . . . 6
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8.1 Fees. Exactions. Dedications ................................ 6
8.2 Revised Application Fees ................................... 6
8.3 Ne'v Taxes ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8.4 Ac:;sessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8.5 Vote on Future Ac:;sessments and Fees ......................... 7
9.
Amendment or Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9.1 Modification Because of Conflict with State or Federal La""Ts ....... 7
9.2 Amendment by Mutual Con~ent ........................... ~ . 7
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Dublin! .Alameda Development Agreement
for T2.Ssaja..-a Meadows II (Cowny Site 1) Project
Table of Contents - Page i of Hi
March 30, 1999
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9.3
9.4
9.5
Insubstantial Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Amendment of Proiect AnDTovals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
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Cancellation by jvfutual Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
10. Tern1 of Pro~ect Approvals ........................................ S
11. ,.4u1nual Reviev" ..:. . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . S
11.1 Review Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
11.2 Initiation of Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11.3 Staff Reports ............................................ 9
11.4 Costs .................................................. 9
12. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12.1 Otner Remedies A,'aiIable .................................. 9
12.2 Notice and Cure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12.3 No Damages A~ainst CITY ................................ 10
13. Estoprel Cenificate ........................................... 10
14. J\10Tt~a~ee Protection: Certain Rj~nts of Cure .......................10
14.1 Mort~a~ee Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
14.2 Mort~afee Not Oblivated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14.3 N0tice of Default to \1nTt::::l::fe and E:\lensi011 0fRi::ht t() C\:re.. ... 11
15. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16. AHorne:--'s' Fees and Costs . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
17. Transfers and .t\ssignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17.1 Ri~ht to A~si~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17.2 Release Upon Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17.3 Developer's Rj~ht to Retain Specified Rj~hts OT Obligations ....... 12
17.4 Permitted Transfer. Purchase or A<;signment _............ . . . . . . 13
17.5 Termination of A~eement Upon Sale of Individual Lots to Public. . . 13
18. A~eement Runs ,vith the Land .................................. 13
19. Bankrunt cv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Dublin/.AJameda Development Agreement
for Tassajara Meadows II (County Site 1) Project
Table of Contents" Page ii of iii
Marc.'1 30, 1999
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Indemnification .............................................. 14 .
I n~urance ................................................... 14
21.1 Public Liability and Property Damage rn~urance . . . . . . . . . . . . . . . . 14
21.2 VVorker~ Compen~ation Insurance. . . . . . . . . . . . . . '.' . . . . . . . . . . . 15
21.3 Evidence of Insurance ........................... ~ . - . . . . . . 15
Sewer and 'Vater .............................................. 15
Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
A~eement i~ Entire Under~tanding ............................... 16
Exhihits .................................................... 16
26. Coumerpans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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Recordation ................................................. 17
DublinUuameda Development Agreement
for Tassaja....-a Meadows II (County Site 1) Project
Table of Contents. Page iii of Hi
March 30, 1999
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THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this day of , 1999, by and between the CIIT OF
DUBLIN, a Municipal Corporation (hereafter "CITY"), !\1ission Peak Homes, Inc., a
California corporation (hereinafter "DEVELOPER") and the Surplus Property
Authority oLAJameda County, a public corporation (hereafter "COU~TY"), pursu2nt
to the authority of ss 65864 et seq. of the California Government Code and Dublin
!\1unidpal Code, Chapter 8.56.
RECTT ALS
A... California Government Code ss 65864 et seq. and Chapter 8.56 or
the Dublin :Mtmidpal Code (hereafter "Chapter 8.56") authorize the CIIT to enter
into an Agreement for the development of real property "ith any person ha\ in~ a
legal or equitable interest in such property in order to establish certain de\"eJopmem
rights in SUCL'-t property; and
B. The City Council adopted the Eastern Dublin Specific Plan by
Resolution ).To. 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 imerest i:l ce:-r..:?:;l
real property consisting of approximately 11.079 acres of land, located in the City of
Dublin, County of .Alameda, State of California, ,,'hich is more parJcularly desG-ibed
in Exhibit A attached hereto and incorporated herein by this reference, and which
real propeny is hereafter called the "Property"; and .
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1= DEVELOPER acquired its interest in the Property from COUNTI
pursuant to a purchase and sale agreement which allocates rights and obligations as
between COUNTY and DEVELOPER. COUNTY is a parry to this Agreement
because COUNTY will dedicate certain land and receive certain credits;
F. DEVELOPER proposes the development of me Property "ith 95
single family homes and corrununity open space areas (the "Project"); and
G. DEVELOPER has applied for, and CITY has approved or is
processing, YarlOUS land use approvals in connection with the development of the
Project, including a PD District rezoning (Ordinance No. 15-98) vesting tentative
Dublin/A1am~da Development Agreement
for Tassajara Meadows II (County Site 1) Project
Page I of IS
March 30. 1999
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map (Planning Commission Resolution No. 98-43), and site development review .
(Planning Commission Resolution No. 98-43) (collectively, together \",ith any
approvals or permits now or hereafter issued with respect to the Project, the "Project
Approvals"); and
H. Development of the Property by DEVELOPER may be subject to
certain future discretionary approvals induding site development review, which, if
granted, shali automatically become part of the Project Approvals as each such
approyal becomes effective; and
1. CITY desires the timely, efficient, orderly and proper development
of said Project; and
J. The City Council has found that, among other things, this
Development Agreement is consistent \",ith its General Plan and the Eastern Dublin
Spednc Pla..I1 and has been reviewed and e\'a1uated in accordance "ith Chapter 8.56;
and
K. CITY, COUNTY and DEVELOPER have reached agreement and .
desire to eA-press herein a Development Agreement that "ill facilitate development of
the Project subject to conditions set forth herein; and
L Pursuant to the California Environmental QualiLy Act (CEQ.-\) t:le
City h2.5 found, pursuant to CEQA Guidelines section 15182, that the Project is
"ithin the scope of the Final Environmental Impact Report for the Eastern Dublin
General Plan llmendment an~ Specific Plan which was certified by the Council by
Resolution No. 51~93 and the Addenda dated May 4, 1993 and AugUst 22, 1994
(the "ErR") and found that the ErR ~'as adequate for this Agreement; and
, 1999, the City Council of the City of Dublin
approving this Development Agreement. The
,1999.
1\1. On
adopted Ordinance No.
ordinance took effect on
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein contained,
CITY, C01.J~rrY and DEVELOPER agree as follows:
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DublinlloJameda Development A.:,crreement
ror Tassaja.ra Meadows II (County Site 1) Project
Page 2 of 1 S
March 30. 1999
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AGREEMENT
1.
Description of ProperTY,
The Property.which is the subject of this Development Agreeme:n is
described in Exhibit A attached hereto ("Property").
2. Intere.c:t of Develorer.
The DEVELOPER has a legal or equitable interest in the Propeny in
that it OV\'TlS the Property in fee simple.
3. Relationship of Cit;'. County and Develorer.
It is understood that this Agreement is a CODuaa that has been
negotiated and vollli"lt2.rily entered into by CITI, COUNn' and DEVELOPER a:10
that neither the DEVELOPER nor COlJNTI is an agent of CITY. The CIT{,
COUN1Y and DEVELOPER hereby renounce the e.:\istence of any form of joint
venture or parw"lership between them, and agree that nothing contained herein or in
any document executed in conneaion herewith shall be construed as making the
CI1Y, COlJNTY and DEVELOPER joint venturers or panners.
.1 1=ffe'ct1Ve' Date and Tt'Tii1.
4.1 Effeaive Date. The effeaive date of this Agreement shall
be the date upon which this Agreement is signed by City.
4.2 Term. The term of this Development Agreement shall
commence on the effeaive date and o..'tend five (5) years thereafter, unless said tern1
is othenvise terminated or modified by circumstances set fonh in this Agreement.
:J. Use of the Prorerty.
5.1 Ri!:ht 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.
Dublirv'Alameda Development Agreement
for T2.ssajara Meadows II (Coumy Site 1) Proj=ct
Page 3 of 1 S
March 30, 1999
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5.2 Permitted U~es. The permitted uses of the Propeny, 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 CITY) an~ other terms and conditions of development
applicable to the Propeny, shall be those set forth in this Agreement, ~e Project
Approvals a~d any amendments to this Agreen1ent or the Project Appro,-als.
5.3 Additional Conditions. Provisions for the follo\\ing
("Additional Conditions") are set forth in Exhibit B attached hereto and incorporared
herein by reference.
5.3.1 Subsequent Discretiona~T Arrrm'als.
Conditions, tern1S, restrictions, and requirementS for subsequent
discretionary actions. (These conditions do not affect Developer's
responsibility to obtain all other land use appro\-als required by the
ordinances of the City of Dublin.)
Not Applicable
5.3.2 :Mitig-ation Conditions. Additional or modified .
conditions agreed upon by the parries in order to eliminate or
mitigate adverse environmental impacts of the Project or ower'\",ise
relating to development of the Project.
See Exhibit B
5.3.3 Phasin~. Timing. PrO\1.sions that the Project be
constructed in specified phases, that construction shall commence
within a specified time, and that the Project or any phase thereof be
completed within a specified time.
See Exhibit B
5.3.4 Financin~ Plan. Financial plans 'which identify
necessary capital improvements such as sueets and utilities and
sources of funding.
See Exhibit B
5.3.5 Fees. Dedications. Ternls relating to payment of
fees or dedication of propeny.
See Exhibit B
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Dublin! Ala..-neda Development Agreement
for Tassajara Meadows II (County Site 1) Project
Page 4 or 18
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5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7 !\1iscellaneou5. Miscellaneous tem1S.
See Exhibit B
6. Arrlicahle Rules. Re::ulations and OfAcia] Policies.
6.1 Rules re Pem1hted Uses. For the term of this Agreement.
the City's ordinances, resolutions, rules~ regulations and official policies governing the
perrnitted uses of the Property, governing density and intensity of use of the Propeny
and L~e ma.ximum height, bulk and size of proposed buildings shall be those in iorce
. 2.nd effect on the effective date of this Agreement.
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6.2 Rules re Desi~ and Construction. Unless othenYlse
e:\.-pressly provided in Paragraph 5 of this Agreement, the ordinances, resolm.ions,
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 consuuction standards and specifications applicable to public
improvements to be constructed by Developer shall be those in force and effecT. 2: ::-;:'
time of the applicable permit apprO\'al.
6.3 Uniform Codes Arrlicable. Unless eA-pressly 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 consuuction permits for the Project.
7. Subsequently Enacted Rules and Re~latjons.
7.1 New Rules and Re~latjons. During the term of this
Agreement, the CITY may apply ne\v or modified ordinances, resolutions, rules,
regulations and official policies of the City to the Propeny which were not in force
a11d efiect on the effective date of this Agreement and which are not in conflict \\1th
. those applicable to the Property as set forth in this Agreement if: (a) the application
DublL"1/.!lJa...'Tlecia Development Agreement
for Tassaja:r-a Meadows II (County Site 1) Project
Page 5 of 18
March 30, 1009
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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 Propeny as contemplated by this Agreement and the Project
Approvals and (b) if such ordinances, resolutions, rules, regulations or official policies
have general applicability.
7.2 Approval of Applicatjon. Nothing in this Agreement 5h211
prevent the CITY from denying or conditionally approving any subsequent land t.:.se
permit or authorization for the Project on the basis of such new or modified
ordinances, resolutions, rules, regulations and polices except that such subsequent
aaions shall be subject to any conditions, terms, restrictions, and requirements
eA-pressly set fonh herein.
7.3 Moratorium Not Applicable. Norwithstanding a:nything to
the canuarv contained herein, in the event an ordinance, resolution or other measure
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is enacted, ,,"hether by ac-Jon of CIn', by initiative, referendum, or othernise, that
imposes a building moratorium 'ivhich affects the Project on all or any pan of the
Property, CITY agrees that such ordinance, resolution or other measure shall nOt
apply to the Project, the Property, this Agreement or the Project ApprO\'aIs unless the
building moratorium is imposed as part of a declaration of a local emergency or state
of emergency as defined in Government Code S 8558.
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8. Suh~eC!uentJ? EnaCted aT Revised Fees. ;\5i~essmentc:; and Tc.xes.
8.1 Fees. Exactjons. Dedications. CITY and DEVELOPER
agree that the fees payable and exaaions required in connection 'with the
development of the Project for purposes of mitigating environmental and other
impacts of the Project, providing infrasuucture for the Project and complying viith
the Specific Plan shall be those set fonh in the Project Approvals and in this
Agreement (including Exhibit B). The CITI shall not impose or require payrnent 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 the Project ApprO\'als
and this Agreement (including Exhibit B, subparagraph 5.3.5).
8.2 Revised Application Fees. Any ellsting application,
processing &.'"1d 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)'
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Dublin/..t.J.ameda Development Agreement
for Tassajara Meadows II (County Site 1) Project
Page 6 of 18
March 30, 1999
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the application of such fees to the Property is prospective; and (3) the application of
such fees 'i'l.'ould not prevent development in accordance 'with this Agreement. By so
agreeing, DEVELOPER does not 'ivaive its rights to challenge the legality of any such
application, processing and/or inspection fees.
8.3 Ne'v Taxes. .Pilly subsequently enacted dty-wide ta..-xes shall
app~y to the Project provided that: (I) the application of such ta..xes to the Propell:'
is prospective; and (2) the application of such taxes would not prevent de\'eJopmem
in accordance v,ith this Agreement. By so agreeing. DEVELOPER does not ,,"2.i\'e its
rights to challenge the legality of any such taxes.
8.4 Ac;sessments. Nothing herein shall be construed to relieve
the Propeny from assessments levied against it by City pursuant to any statutory
procedure for the assessment of properry to pay for infrasuu.cture andlor ser,ices
which benefit me Propeny.
8.5 Vote on Future Ac;sessments and Fees. In the event tha
any assessment, fee or charge ,,,,hich is applicable to the Property is subject to A...lLic1e
XIIlD of the Constitution and DEVELOPER does not retum 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.
o .Lunendment or Cancellation.
9.1 :Modifkation Because of Conflict with State or Federal
Laws. 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 ill plans, maps or pemuts approved by the ClIT,
the parties shall meet and confer in good faith in a reasonable attempt to modify this
Agreement to comply 'with such federal or state law or regulation. .Pilly such
amendment or suspension of the Agreement shall be approved by the City Council in
accurdance with Chapter 8.56.
9.2 Amendment by Mutual Consent. This Agreement may be
2..l.'1..1ended in writing from time to time by mutual consent of the parties hereto and in
accordance v,ith the procedures of State law and Chapter 8.56.
9.3 Insubstantial Amendments. Not'i\ithstanding the
provisions of the preceding paragraph 9.2, any amendments to this Agreement which
Dublirv'Alameda Development Agreement
for Tassaja...-a M~adows II (County Site 1) Project
Page 7 of 1 S
March 30, 1999
1;< cf 31
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 of land as provided in Exhibit B; (d) conditions,
terms, restrictions or requirements for subsequent discretionary actions; (e) the
density or intensity oJ use of the Project; (f) the maximum height or size of pwposed
buildings; or (g) monetary contributions by DEVELOPER as provided in this
Agreement, shall not, e.xcept to the 'extent othervvise required by 1a'w, require notice or
public hearing before either the Planning Commission or the City Council befoJ"e th::
parries may execute an amendment hereto. CITY's Public \Vodes Director shall
determine whether a reservation or dedication is "significant".
9.4 l\1nendment of ProJect Approvals. .Any amendment of
Project Approvals relating to: (a) the permitted use of the Prope!lY; (b) prO\ision for
resen'ation or dedication of land; (c) conditions, ternlS, resuictions or requirements
for subsequent discretionary actions; (d) the denSity or intensity of use of the Project;
(e) the mmmum height or size of proposed buildings; (f) monetary contributions by
the DEVELOPER; or (g) public improvements to be consuucted by DEVELOPER
shall require an amendment of this Agreement. Such amendment shall be limited to
those provisions of this Agreement 'i\'hich 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 b~r 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 wi~ the
provisions of Chapter 8.56. .Any fees paid pursuant to Paragraph 5.3 and Exhibit B
of this Agreement prior to the date bf cancellation shall be retained by CITI.
10.
Term of Proiecr Aunrovals.
, ......
Pursuant to California Government Code Section 66452.6(a), the
term of the vesting tentative map described in Recital G above shall automatically be
eA."tended for the term of this Agreement. The term of any other Project Approval
shall be eA."tended only if so provided in Exhibit B.
11. Annual Review.
11.1
Review Date. The annual revie'i" date for this Agreement
.
Dublin/.llJameda Development Agreement
for Tassaja...-a Meadows II (County Site I) Project
Page 8 of 18
March 30. 1999
.
.
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shall be August 15,2000 and each August 15 thereafter.
11.2 Initiation of Review. The CIITs Community
Development Director shall initiate the annual review, as required under Section
8.56) 40 of Chapter 8..56, by giving to DEVELOPER thirry (30) days' written notice
that the CITY intends to underrake such review. DEVELOPER shall prO\ide
. e',idence to the Community Development Director prior to the he~ring on the 2.nn'..:.2.1
revie',v, as 2Jld 'when reasonably detern1ined necessary by the Conm1unh:y
Developme:1t Director, to demonstrate good faith compliance with the prO\isioI:.s or
the Development Agreement. The burden of proof by substantial eyidence of
compliance is upon the DEVELOPER.
11.3 Staff Re!1orts. To the eA'tent p~actical, CITY shall deposit
in the mail 2..i1dfa.xtoDEVELOPERacopyofall staffrepons, and related ex.n.ibils
concerning conuact perfoffi1ance at least five (5) days prior to any annual re"\"1e'\".
11.4 COsts. COStS reasonably incurred by CITY in COn:;1ECtiO;1
"\lith w~e an.:."1ual re"\iew shall be paid by DEVELOPER in accordance wiw We City's
sc.'ltedule of Fees in effect at the time of rE'\iew.
12. Default.
12.1 Otner Remedies Available. Upon the occurrence of 2.:1
event of deiault, the parries may pursue all other remedies at law or in equiLy which
are not othernise prO\ided for in this Agreement or in City's regulations governing
development agreements, o..-pressly including the remedy of specific performance of
this Agreement.
12.2 Notice and Cure. Upon the occurience of an event of
default by eiu.'1er party, the nondefaulting party shall serve 'written notice of such
default upon the defaulting pany. If the default is not cured by the defaulting parry
viithin thirty (30) days after service of such notice of default, the nondefaulting parry
may then conunence any legal or equitable action to enforce its rights under this
Agreement; provided, hO"'ivever, that if the default cannot be cured within such thiny
(30) day period, me nondefaulting party shall refrain from any such legal or equitable
action so long as me defaulting parry begins to cure such default within such thirty
(30) day period and diligently pursues such cure to completion. Failure to give nODce
shall not constitute a y,.aiver of any default.
Dublin!:~'..l;o"",""!1ed.a Development Agreement
for Tassaja:-a l\'leaoows II (County Site 1) Project
Page 9 of 18
March 30, 1999
/f v:: 31
12.3 No Damap"es A~ainst CTIT. In no event shall damages be
awarded against CITY upon an event of default or upon termination of this .
Agreement.
13. Estorrel Certificate.
Either parry may, at any time, a~d from time to time, request
'written notice from the other parry requesting such parry to certify in "TIting that.
(a) this Agreement is in full force and effect and a binding obligation of me parries,
(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 cerrifdnrr
. .:::>
parry the requesting party is not in default in the perfom1ance of its obligations under
this Agreement, or if in default, to desaibe therein the nature and amount of any
such defaults. A parry receiving a request hereunder shall execute and return such
certificate "ithin thirty (30) days follo'i'ling 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 parry
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 my party may rely on such deemed cerufication.
14. :rV"ort~2~ee Protecrinn: Certain m~hg (If Cure.
14.1 1'v10rt~a~ee Protection. This Agreement sh.ill be superior
and senior to any lien placed upon the Property, or any ponion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("l\10ngage"). Notwithstanding theiforegoing. no breach hereof shall defeat, render
invalid, diminish or impair the lien of any Mortgage made in good faith and for value,
but all the terms and conditions contained in this Agreement shall be binding upon
and effeaive against any person or entity, including any deed of trust beneficiary or
mortgagee ("l\10rtgagee") who acquires title to the Property, or any portion thereof,
by foreclosure, trUstee's sale, deed in lieu of foreclosure, or othenvise.
14.2 Mon~a~ee Not Obli~ated. Notwithstanding the prO\isions
of Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or a...'ter foreclosure or a deed in lieu of foreclosure, to construct or
complete the consuuaion of improvements, or to guarantee such consuue-Lion of
improvements, or to guarantee such consuuaion or completion, or to pay, perfom1 or
.
Dublinl..AJameda Devdopment Agreement
for Tassaja..-a Meadows II (County Site 1) Project
Page 10 of 18
March 30, 1999
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. provide any fee, dedication, improvements or other exaction or imposition; prmided,
hmvever, that a Mortgagee shall not be entitled to devote the Propeny 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.
14.3 Notice of Default to Mon~a~ee and E)..1ension of Rj~hr iO
Cure. If CIrr receives notice fr~m a 1\10rtgagee requesting a copy of any notice or
default given DEVELOPER hereunder and specii)ing the address for seIlice thereof.
tJ1en CITI shall deliver to such Mortgagee, concurrently 'With serdce thereon to
DEVELOPER, any notice given to DEVELOPER with respect to any claim by eInT
ihat DEVELOPER has committed an event of default. Each 1\10rtgagee shall have
the right during the same period available to DEVELOPER to cure or remedy, or to
commence to cure or remedy, the event of default claimed set fonh in the CIn"'s
notice. CITI', through its City 1\1anager, may ('.,ALena the thiny-day cure peliod
provided in paragraph 12.2 for not more than an additional Sb:IY (60) days upon
request of DEVELOPER or a 1\10ngagee.
15. Severabilitv.
. The unenforceability, invalidity or illegaliTy of any prmisions,
covenant, condition or term of this Agreement shall not render the other prmisions
unenforceable, invalid or illegal.
16. Attorneys' Fees and Costs.
If CITY, COUNTI or DEVELOPER initiates any action at la'iv or in
equity to enforce or interpret the tem1S and conditions of this Agreement, the
prevailing pany shall be entitled to _tecover 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 parry 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 and COUNTI shall
bear their own costs of defense as a real pany in interest in any such action, and
DEVELOPER shall reimburse CITI for all reasonable court costs and attorneys' fees
"
D.-pended by CITY in defense of any such action or other proceeding.
.
Dublinl}Jamecla Development Agreement
for Tassajara Meadows II (Count)' Site 1) Project
Page 11 of 18
March 30. 1999
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17. Transfers and Ac;sj~ments.
.
17.1 Ri~nt to Ac;sj~. All of DEVELOPER'S rights, interests and
obligations hereunder may be transferred, sold or assigned in conjunction \'\rith the
transfer, sale, or assignment of all of the Property. subject hereto at any time during
the term of this Agreement, prO\rided that no transfer, sale or assignment of
DEVELOPER's rights, interests and obligations hereunder shall.occur vdthout the
prior "written notice to CITY and approval by the City !\1anager, which appro\"al :;h2.11
not be unreasonably '\'\rithheld or delayed. The City !\1anager shall consider and
decide the matter '\'\rithin 10 working days after DEVELOPER's notice, provided
DEVELOPER has provided all necessary documents, cenifications and other
information to the City !\1anager to enable the City !\1anager to determine that the
proposed transferee can perfom1 DEVELOPER's obligation.
17.2 Release U!1on 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 L'1e obligations under this Agreement, with respect to the Propeny transferred,
sold, or assigned, arising subsequent to the date of City 1\1anager approval of such' .
uansfer, sale, or assignment; prO\rided, hOivever, that if any transferee, purchaser, or
assignee approved by the City !\1anager eA-pressly assmnes all of L'1e rights, D.ltere5tS
and obligations of DEVELOPER under this Agreement, DEVELOPER shall be
releas::d y,ith respect to all such righ:s, interests and assumed oblig.=.rions. In2.:-:y
event, the transferee, purchaser, or assignee shall be subject to all the provisions
hereof and shall pro\ride all necessary documents, certifications and other necessary
information prior to City !\1anager approval..
" 17.3 Developer's Right to Retain Specified Ri~hts or
Obli~at.ions. 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, prO\rided
that DEVELOPER specifies such rights, interests and/or obligations in a '\vritten
document to be appended to this Agreement and recorded "rith 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.
.
Dublinf.t>J.ame:da Devdopment Agreement
for Tassajara MeadovI'S II (County Site I) Project
Page 12 of 18
March 30, 1999
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17.4 Pennitted Transfer. Purchase or Ac;si~ment. The sale or
other transfer of any interest in the Propeny to a purchaser ("Purchaser") pursuam 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. .
17.5 Termination of A~eement U!"cm Sale of Individual Lmc; iO
Public.
Nonvithstanding any provisions of this Agreement to the conuary, the
burdens of this Agreement shall terminate as to any lot ,,'hich has been finally
subdivided and individually (and not in "bulk") leased (for a period of longer "tha;1 one
year) or sold to the purchaser or user thereof and thereupon and ,,;thout the
c...'-:erution or recordation of any furrher document or instrument such lot shall be
released from and no longer be subject to or burdened by the prO\isions of u:"'is
Agreement; provided, hmvever, that the benefits of this Agreement shall condnue to
run as to any such lot until a building is constructed on such lot, or until the
termination of this Agreement, if earlier, at ,vhich time this Agreement shall
terminate as to such lot.
1 S. AGTeement Runs v,ith the Lllld.
.All of the provisions, rights, terms, covenantS, and obligations
contained in this Agreement shall be binding upon th~ parties and their respec-Jve
heirs, successors and assignees, representatives, lessees, and all other persons acquiring
t1)e Property, or any portion thereof, or any interest therein, 'whether by operation of
law or in any manner ,vhatsoever. All of the provisions of this Agreement shall be
enforceable as equitable servitude and shall constitute covenants running ,,,rith 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 Propeny hereunder, or ,,,rith respect to any owned property, (a) is for
the benefit of such properties and is a burden upon such properties, (b) runs ''lith
such properties, and (c) is binding upon each party and each successive owner during
its O\"nership of such properties or any portion thereof, and shall be a benefit to and a
burden upon each parry and its property hereunder and each other person succeeding
to an interest in such properties.
Dublin/Alameda Development Agreement
for Tassaj.a.ra Meadows II (Coun!y Site 1) Project
Page 13 of 1 S
Mar.:...... 30. 1999
" ". ": - :..".".. .' ~.:: ~.... .::.. ~ -." .
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/g ~:3r
19. Bankruptcy,
.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. Indemnification.
DEVELOPER agrees to indemnify, defend and hold harn1less crn".
and its elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costS (induding legal fees and
costs) and liability for any personal injury or propeny 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 yiith the construction, improvement, operation, or
maintenance of the Project, provided that DEVELOPER shall have no
indenmification obligation '\\ith respect to negligence or "Tongful conduct of crn',
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 (e..xcept as prO'\ided
in an improvement agreement or maintenance bond).
.
COUNTY agrees to indemnify, defend and hold hamlless CITY, and its
elected and appointed councils, boards, conu-nissions, office:-s, agents, employee::. :-,:ld
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 COUNTY, or any actions or
inactions of COUNTIs contractors, subcontractors, agents, or employees in
connection with the construction, itnprovement, operation, or maintenance of the
Project, provided that COUNTY 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).
21. Insurance.
21.1 Public Liabilirv and ProvertV Damacre Insurance. During
the term of this Agreement, DEVELOPER shall m~nt;Un in effect a policy of
.
Dublinl.t>Jameda Development Agreement
for Tassajara Me.adows II (County Site 1) Project
Page 14 of IS
March 30, 1999
: .
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/1 ~ 31
. comprehensive general liability insurance ,,,ith 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. Notl\ithstanding the
foregoing, as long as the Surplus Properry Authority of .Alameda County is the
"Developerll it may s~lf insure to satisfy the foregoing requirements. .
21.2 ''Yorkers Comnensation Insurance. During the term of this
Agreement DEVELOPER shall maintain ''Vorker's Compensation insurance rar all
persons employed by DEVELOPER for work at the Project site. DEVELOPER shall
require each canuactor and subcantraaor similarly to prO\ide 'Vorker's
Compensation insurance for its respective employees. DEVELOPER agrees to
indemnify the City for any damage resulting from DEVELOPER's failure to ::~aim.ain
any such insUT2.J."1ce.
.
21.3 Evidence of Insurance. Prior to Ciry Council approyal of
this Agreement, DEVELOPER shall furnish CIIT satisfactory e,idence 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 virritten notice of the cancellation or
reduc-Jon in coverage of a policy. The insurance shall e1.1.end to the CITY, its elective
and appointive boards, commissions, officers, agents, employees and representath'es
and to DEVELOPER perfom-ung ivo:-k on the Project.
22. Sevi.rer and '"Vater.
DEVELOPER acknowledaes that it must obtain water and seiver
. 0
permits from the Dublin San Ramon Services District ("DSRSD") which is another
public agency not Vlithin the control of Cln'.
23. Notices.
.All notices required or provided for under this Agreement shall be in
i\rriting. Notices required to be given to crn' shall be addressed as follows:
.
City l\1anager
City of Dublin
P.O. Box 2340
Dublin, CA. 94568
Dublin/Alameda Development Agreement
for Tassajara Meadows II (County Site 1) Project
Page 15 of 18
March 30, 1999
... .....
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. ;2.0 r{ j 1
Notices required to be given to COUNTY shall be addressed as follows:
.
Patrick Cashman
Project Director
Surplus Property Aumority of .Alameda County
225 Vv. "Vinton Avenue, Room 151
Hayw~rd, CA. 94544
and
Adolph 1\1artinelli
Director of Planning
County of Alameda
399 Elmhurst Street
Hayward, CA.. 94544
Notices required to be given to DEVELOPER shall be ac
John Vlong
I\1ission Peak Homes, Inc.
245 Sinclair Frontage Road
I\1ilpitas, CA. 95035
A pany may change address by giving notice in 'writing to
u'1ereafter all notices sn::>ll be addressed and transmitted to
shall be deemed given and received upon personal delivel"\'
tl:piration of 48 hours after being deposited in the Unite.:
also be given by overnight courier 'which shall be deemed
by facsimile transmission ,,'hich shall be deemed given uF
24. b~eement is Entire Understanding.
This Agreement constitutes the entire 1.:
of the parties.
?-
-).
Exhibits.
The following documents are referred t
attached hereto and incorporated herein as though set fe
Dublin1J:>Jaroe.da. Development Agreement
for Tassaja.-a. Mea.dows II (County Site 1) Project
~ssed as fo11.:)\\"5:
.
.~. :.:ner pany and
" ne'\vaddress. No:i:es
J mailed, upon u.,::
'~s I\1ail. ~ m,ices :11.2.V
. the follov,ing day or
~rification of receipt.
",.anding '~~d agreement
.is Agre
. full:
:"1.t and are
.
Page 16 of 18
,1arch 30, 1999
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Exhibit A Legal Description of Properry
Exhibit B Additional Conditions
')"
_D.
Counterparts.
This Agreement is e..xecuted in three (3) duplicate originals, each of
,,-hich is deemed to be an original.
')-
_/ .
Recordation.
CIn' shall record a copy of this Agreement within ten days
follm'ling execution by all parries.
I:\' \\TITNESS \\THEREOF, the parries hereto h;;ye caused this Agreement
to be executed as of the dale and year first above "wrilten.
..
CITY OF DCBLIN:
Bv:
"'
1\1ayor
Date:
ATTEST:
By:
City Oerk
Date:
APPROVED l\S TO FORl\1:
City Attorney
Dublinl:\lameda Development Agreement
ror T2.Ssa}~a Meadows II (Coumy Site 1) Project
Page 17 of 1 S
March 30, 1999
, ...... .
SURPLUS PROPERTY AUTHORlTY
OF AUJ\1EDA COUNTY:
Adolph MarJ.nelli
Its 1\1anager
APPROVED AS TO FOR.1-..1:
Attorney for Surplus Property
Authority of the County of Alameda
!\1ISSION PE-\I( HOMES, INC.
John S. '''Tong
Its:
. . . . . .... -.
. Date:
;;?- ct 3; ,
Date:
(NOTARIZATION ATTACHED)
EHS:rja
J:\VI'PD'"....1..."m.sv"\11.;\113\.t.,.G~~\T..6SSAJDA.330
Dublin/.AJameda Development Agreement
for Tassajara Meadows II (County Site 1) Project
Page 18 of 18
March 30, 1999
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9-:3 vt 31
State of California
)
) ss.
)
County of AJarneda
On
before me, a Not'arv Public.
"' .
personally appeared
personally known to me (or proved to me on the basis of satisfactory e\idence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
aclcnO'wledged to me that he/shelthey e.xecuted the same in his/her/their aUL'1Olized
capacity(ies), and that by his/her/their signature(s) on the inStrument the person(s),
or the entity upon behalf of \,,'hich the person(s) acted, executed the inStnlmenL
'VVITNESS my hand and official seal.
NOTARY PUBLIC
...:-.-.-.....'. .' '.",', ..... .-.'...... .
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;21 ;f 31
Urian Kangas Foulk
Engineers . Surveyors . Planners
.
February 1 ], ] 999
BKF Project ?\o. 940158-]4
PROPERTY DESCRlP.TIO~
(MISSION PEAK HOl\1ES)
.-\LL that certain real property situate in the City of Dublin, COWl!)' of Alameda, State of Califomio..
::.nd described as follows: ·
,.,,: .
Parcel] as shown on that certain map entitled "PARCEL M_.\P NO. 7351", filed Febn":.J"i-:-" ] ]. ] 9~9
in Book. 244 of Parcels Maps at Pages 7 through 10, inclush"e, in the Ofiice of the Record~r (,f
Alameda COlli...ny, State of California.
A plat sno\\'ing the above described property is attached hereto and made a pur! l1ereof v.s Exhibit
"B".
This description was prepared for Brian Kangas Foulk.
.
3v:
(2/4.1 kv;':l.e--tl~~~
Paul Kinredt!e, P.L.SeNo. 5790
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TASSAJARA
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ROAD
2737 North Moi:l Street
Suite 200
Walnut Creek, CA 94596
925/940-220::)
925/940-22=9 (fAX)
Subject
Job No.
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PLAT TO ACC~~?ANY
PRO?ERTY DESCRIPTION
940158-14
Dote 02/11/99 Chkd.
SHEET 1 OF
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EX}{IBITB .
Additional Conditions
The follov'I'ing Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparagraph 5.3.1 -- Subsequent Discretionary Approvals
None.
Subparav-aph 5.3.2 .. l\1iti~ation Conditions
Subsection a.
Infrastructure Seauencinp' Procrram
... --
Tne Infrasuucture Sequencing Program for the Projecr is set fonh below.
(i) Roads:
The project-specific roadi\'ay improvements (and offers of dedication)
described below and those identified in Resolution 98-43 of the City of Dublin .
PlaJl.Iling Commission "Approving t.l1e Vesting Tentative l\1ap and Site Developme.nt
Review for Tassajara Meadows (Tract 7022)" (hereafter "Tl\1 Resolution") shall be
completed by DEVELOPER to the satisfaaion of the Public "\'\'or1(5 Director at die
times and in the manner specified in the TM Resolution unless otherwise prmided
below. Nl such roadway improvements shall be consuucred to the satisfaction and
requirements of CITY's Public ,,yorks Director.
A. 1-580 at Santa Rita Roadffassajara Road Eastbound Off
Ramp
Condition 6.1 (n) of Resolution 98-43 shall be revised to read as
follows:
"The Public ,,yorks Director shall deternune when the
eastbound off-ramp from 1-580 at the Santa
RitaITassajara Road exit shall be widened and resuiped to
provide one exclusive through lane and tivO left-tum lanes
(with the existing free right-turn lane remaining). In
conjunction with this improvement, the traffic signal shall .
Dublinl.AJameda Development Agreement for
T2.Ssaj~a Meadows II (County Site 1) Project ~ Exhibit B
Page 1 of II
March 30, 1999
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be modified to provide protected left-turn phasing on the
east and west legs (removing the rnsting split phasing).
The Public \Vorks Director shall also deterrnine when the
westbound approach on Pirnlico Drive will need to
provide a second left turn lane.
vVithin one year of notification by the Public \t\T arks
Director, unless othenvise consUlicted by others and
provided consent from Caluans and the CiIyof
Pleasanton, if necessary, has been obtained, COUNn
shall design and construct these improvements to the
satisfaction of the Public Vv orks Director 'with input from
the City of Pleasanton 'where applicable. To the e..\:tent
practical, the notice shall be timed so that Lf-}e 'work shall
be completed immediately prior to the point ,,'here Leyel
of Service E occurs."
B. Tassaiara Road (Dublin Boulevard to Proiecd-Interim
. .
ImDTovements
The follmving improvements shall be completed no later than
Certificate of Occupancy for the first unit, unless constructed by others prior to that
nme.
DEVELOPER shall ,'liden and restripe Tassajara Road from the
, nonhem edge of the Property sou~ to Dublin Boulevard to provide: a 12' ivide
. minimum right turn pocket onto Gleason Drive (southbound), adequate turnoutS,
through lanes (one norJ-t bound and one south bound), transitions and 4' sho1:Ilders,
and shall repair all failed pavement.
C. Gleason Drive (Tassajara Creek to TassaJara Road)
DEVELOPER shall consuuct the improvements for Gleason Drive
from Tassajara Creek to Tassajara Road described in Condition 6.1 (a) of the TM
Resolution no later than the date CIn accepts the improvements to Emerald Glen
Park (Phase 1). This obligation is not dependent on DEVELOPER recording a final
map. .Alternatively, DEVELOPER may construct three 30' i\ide access ways from
t.Dsting Gleason Drive to the three park driveways; the access ways shall be
consuuaed to the satisraaion of the Public \t\T orks Direaor no later than the date
Dublinl}Jameda Development Agreement for
T2$Sajara Meadows II (COlli'")' Site 1) Project ~ hhibit B
Page 1 of 11
March 30. 1999
FROM MEYERS, NAVE, RIBAC~ SILVER & WILSON
(THU) 4.15' 99 15:00/ST. 14:56/NO. 4860102644 P 2
:z. '6 of "j! '
CITY a.cceptS the improvements to Emerald Glen Park (Phase I). The alternative is
not a substitute for construction of the improvements for Gleason Drive as described .
in Condition (:j. 1 (a.) of the TM Resolution.
Prior to constructing such improvements, DEVELOPER will
submit a construction schedule to CITY's Public Works Director for review and
approval.
. DEVELOPER will provide access to the site of Phase I of Emerald
Glen Park to the general contractor retained by CITY to construct the Ph:.\se 1 -
improvements to Emerald Glen Park. DEVELOPER a.nd CITY will coordina.te
construction Qf the improvements to Gleason Drive and the construction of Phase 1
of Emerald Glen Park. respectively, to minimize conflicts between the two contra.ctors
regarding access and related issues.
D. Miscp.llaneous
The obligations of subsections A and B above shall be of no force
or effect until DEVELOPER obtains the first building permit for the Project. Once
effective, such obligations shall survive tennination of this Agreement.
DEVELOPER shall b~ responsible for LIansiLioning existing
improvements to match improvements required by il'Js Agreemen.t. including
dedications. to the satisfaction of the CITY's Public Works Dire.ctor.
.
(ii) Sewer
All saniuuy sewer improvem~ts ,to serve the project site (or any
recorded phase of the Project) shall be' completed in accordance with the tentative
map and DSRSD requirements.
(Hi) Water
An all weather roadway.and an approved hydrant and water supply
bysteIIl shall be av.illable and in service at the site in accordance with the tentative
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 the tentative
tn2.p and DSRSD requirements.
Dublin/Alameda Development Agreement fOT
Tassajara Meadows II (County Site 1) Project - Exhibit B
Page 3 of 11 '
March 30, 1999
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Recycled water lines shall be installed in accordance with the tentative
map.
(iv) Storm Drainage
Prior to issuance of the first Certificate of Occupancy for any building
which is pan of the Project, the stom1 drainage systems off site, as ,..'ell as on she
drainage systems to the areas to be occupied, shall be improved to the satisraction
and requirements of the Dublin Public Vyorks Depanment applying CITY's and Zone
7 (/\lameda County Flood Control and ,,yater Conservation District, Zone 7)
standards and policies which are in force and effect at the time of issuance or 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 conuol measures in place to protect downsueam facilities and properries rro:'l1
erosion and ll.T1dean storm water consistent ,..ith the Drainage Plan. .:\5 used herein.
"Drainage Plan" shall refer to CIITs master drainage plan.
(v) Other Utilities (e.~. ~as. electricity. cable televisions. telephone)
. Construe-Jon of other utilities shall be completed by phase prior to
issuance of the first Cenincate of Occupancy for any building v\ithin that specific
phase of occupancy.
Subsection b.
^1isceIIaneou5
(i) Completion May be Deferred.
Notwithstanding the foregoing, CInns Public \,yorks Director may, in
his or her sole discretion and upon receipt of documentation in a form satisfactory to
the Public V'lorks Director that assures completion, allow DEVELOPER or COUNTY
to defer completion of discrete ponions of any of the above public improvements
until after final inspection of the first building permit for the Project if the Public
\^l arks Director determines that to do so would not jeopardize the public health,
safety or welfare.
(ii) Improvement A~eement
.
Prior to constructing the Improvements described in Subparagraph
5.3.2(a) above, DEVELOPER and COUNTY shall submit plans and specifications to
Dublin/Alameda Development Agreement for
Tassajara Meadows II (County Site 1) Project. Exhibit B
PaCT: 4 of II
;:0
Marc.'rt 30, 1999
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CITYs Public \'Vodes Director for review and approval and shall enter into an .
improvement agreement with CITY for construction and dedication of the public
facilities. .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 ule
permit for the proposed improvements, induding but not limi.ted to, the "Precise
Plans" for Eastern Dublin S~ta Rita Area prepared for the Surplus Propeny
Authority by Brian Kangas Foulk dated July 30, 1998, induding any revisions
approved by the Public \'Vodes Director ("Precise Plans").
(iii) Bonds
Prior to execution of the ImprovernentAgreement, DEVELOPER (or its
optionee, with the approval of the Public VVorks Director) shall prO\ide a cash
monument bond, a performance bond and labor and materials bond or oIher
adequate security to insure that the Improvements described in Subpara2T2Dh
.:> ...
5.3.2(a)(i) above 'will be constructed prior to the times specified above. The
performance bond or other security shall be in an amount equal to 100% of the
engineer's estimate of the cost to construct the improvements (induding design.
engineering. adminisuation, 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 '\\linen
by a surety licensed to conduct business in the State of California and approved by
CITY's City !\1anager.
(iv) Right to Construct Additional Road Improvements
\Vith the prior vvritten consent of C111"s Public \'Vorks Director,
DEVELOPER may construct roadway improvements which are not described in this
Exhibit B if such improvements areidescribed in the resolution ~stablishing 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
Agreen1ent 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) and (b).
.
Dublin/.Alameda DevelDpment Agreement for
Tassajara Meadows II (County Site 1) Project - Exhibit B
Page 5 of 11
March 30. 1999
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(\') Construction of Tassajara Road Improvements Under One
Contract
DEVELOPER acknowledges that it is in the best interest of
DEVELOPER and CITY_that improvement of Tassajara Road 'from Nonh Dublin
Ranch Drive to Dublin Boulevard be consuucted under one contract to avoid traffic
delays, noise, dust and other consuuction related inconveniences to the general public
~ ~ .
and the funher residents of the Project. CITY may require another developer to
construct all improvements to Tassajara Road from Nonh Dublin Ranch Drive to
Dublin Boule\'ard that are required for that other project (induding improvements
which are induded in the Eastern Dublin Traffic Impact Fee and those which are
not). In such event, DEVELOPER agrees that it will allm'\', and viill enter into such
agreements as necessary to enable, such other developer to construct the
improvements to Tassajara Road along the frontage of the Project which are required
for this Project as part of the other developer's construction contract. These
improvements shall be ShOVi11 on the "Precise Plans".
Suboarap-raon 5.3.3 -- Phasinp-. Timino-
_ _ _ _ b
\Vith the exception of the road improvements described in Subparagraph
5.3.2(a)(i), this Agreement contains no requirements that DEVELOPER must initiate
or complete development of the Project within any period of time set by ern'. It is
tl1e intention of this prm"1sion that DE'; t.LOPER be able to develop the Property in
accordance "dth its own time schedules and me Project Approvals.
Subparagraph 5.3.4 -- Financin~ Plan
DEVELOPER "ill install ail street improvements necessary for the Project at
its o'wn cost (subject to credits for cenain improvements as provided in Subparagraph
5.3.6 below).
Other infrasuucrure necessary to provide sewer, potable water, and recycled
".ater services to the Project will be made available by the Dublin San Ramon
Services District. COUNTY has entered into an "Area '/Vide Facilities Agreement"
with the Dublin San Ramon Services District to pay for the cost of eA.'tending such
services to the Project. Such services shall be provided as set fonh in Subparagraph
5.3.2(a)(ii) 2nd (iii) above.
Dublin/.A.la...-rneca Development Agreement for
T assaja.--a Meadows II (Coumy Site 1) Project - Exhibit B
Page 6 of 11
March 30. 1999
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Subparagraph 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 ~ny building permit for the Project. Such fees
include the Eastern Dublin Traffic Impact Fee ("TIF") established by !tesolution No.
41-96, including any future amendments to such fee. DEVELOPER 'will pay sucl1
fees no later than the time of issuance of building pemuts and in the then-current
amount of the impact fee.
DEVELOPER, COUNlY and CIIT acknowledge that COUNIT is entitled
to cenain credits ("1991 Credits") against payment of the Traffic Impact Fee for
Eastern Dublin by separate agreemenis previously entered into berween COUNIT
and eln in 1991. COUNIT is also entiT..led to certain other credits ("Prior
Agreement Credits") against paYll1ent of the Traffic Impact Fee for Eastern Dublin by
other development agreements entered into berween COUNIT and CITY. .
COUNTY agrees that, notwithstanding its entitlement to such 1991 Credits, its
1991 Credits cannot be applied against payment of the "See-Jon 2" ponion of the
Traffic Impact Fee for Eastern Dublin for the Project. DEVELOPER and/or
COUNTY (and its assignee) will, rather, pay the "Section 2" portion of the fee in
cash.
.
COtJNTY further agrees that it (and its assignee) 'will use the 1991 Credits
and/or Prior Agreement Credits against at least one-half (112) of the "Section 1"
ponion of the Traffic Imp~ct Fee for Eastern Dublin for the Project provided that it
has sufficient such credits. CITY shall determine ,\\rhich of the 1991 Credits and/or
Prior Agreement Credits shall be us~d pursuant to this paragraph.
Notwithstanding anything herein to the contrazy, DEVELOPER funher
agrees that it will pay at least seven percent (7%) of the "Section 1" ponion of the
Traffic Impact Fee for Eastern Dublin in cash.
Subsection b.
Traffic Imoact Fee to Reimburse Pleasanton for Freev..av
- .
Interchan~es,
DEVELOPER shall pay the Eastern Dublin 1-580 Interchange Fee
established by City of Dublin Resolution No. 11-96 as amended by Resolution No.. .
155-98 and by any subsequent resolution which re'vises such Fee. DEVELOPER will
Dublin/Alameda Development Agreement for
Tassajara Meadows II (Count)' Site 1) Project. Exhibit B
Page 7 of 11
March 30, 1999
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. pay such fees no later than the time of issuance of building pernlits and in the then-
current amount of the impact fee.
Subsection c.
Public Facilities Fees.
DEVELOPER shall pay a Public Facilities Fee in the amounts and at the
tii11es set forill in City of Dublin Resolution No. 32-96, adopted by the City Council
on I'v1arch 26, 1996, or in the amounts and at the times set fonh in any resolm.ion
re\ising the amount of the Public Facilities Fee. DEVELOPER 'will pay such fees no
later than the time of issuance of building permits and in the then-current amount of
the imDact fee.
..
.
Not'\\ithstanding the preceding sentence, the amount of the Public Facilities
Fee shall be reduced by the "Conmluniry Parks, Land" and "Neighborhood P2.rks.
Land" comDonent of the Public Facilities Fee. as foIl Oi"S. The amount of Lf1e
.. .
"Conlnlunity Parks, Land" and "Neighborhood Parks, Land" dedication for the
Project is .95 acres. DEVELOPER shall satisfy SUG"1 obligation by using COLiNnp,s
e.'isting credit of 2.84 acres to which DEVELOPER is entitled under the
"Developmem Agreement Between the City of Dublin and the Surplus Property
Authoriry of we County of JUameda for the Jefferson at Dublin Project" (recorded
July 17, 1998), ,,,hich will leave a credit balance for COUNTY of 1.89 acres.
The credit balance of 1.89 acres may be used by COUNn: as a credit
against its obligation under Dublin Munidpal Code Chapter 9.28 for community
park land and neighborhood park land and the porJon 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 Miti~ation Fee.
DEVELOPER shall pay a Noise :Mitigation Fee in the amounts and at the
times set forill in City of Dublin Resolution No. 33-96, adopted by the City Council
on March 26, 1996, and any amendments thereto. DEVELOPER will pay such fees
no later than the time of issuance of building permits and in the then-current amount
of the impact fee.
Subsection e.
School Impact Fees.
.
School impact fees shall be paid by DEVELOPER in accordance with-
Dublinl..6.Ja....-neda Development Agreement for
T2.ssajara Meadows II (County Site 1) Project - Exhibit B
Pao-e 8 of 11
:;>
March 30. 1999
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Government Code section 53080 and the eristing agreement between COUNIT, as .
DEVELOPER:s predecessor in interest, and the Dublin Unified School District.
Subsection f.
Fire Impact Fees.
DEVELOPER shall pay a fire facilities fee in the amountS and at the times
set fonh in City of Dublin Resolution No. 37-97 or any subsequ.ent resolution which
re\ises such fee. DEVELOPER will pay such fees no later than the time or issuance or
building pernlits and in the then-current amount of the impact fee.
Subsection ~.
Tn -Vall e~r T ransporta ti on DeveI opm en t Fee.
DEVELOPER shall pay the Tri-Valley Transportation Development Fee in
the amount a.11d at the times set fonh in City of Dublin Resolution No. 89-98 or any
subsequent resolution which revises such fee. DEVELOPER will pay such fees no
later th&.l the time of issuance of building permits and in the then-current amount of
the impact fee.
Subparag-raph 5.3.6 P. Credit
.
Subsection a,
Traffic Impact Fee Improvements -- Credit
CITY sh2l1 pro\'ide a credit to COUNTY for those improvementS described
in the resolution establishing the Eastern Dublin Traffic Impact Fee if such
improvementS are constructed by the DEVELOPER in their ultimate location
pursuant this Agreement.
.AJl aspects of use of the credits shall be governed by CITY's Administrative
Guidelines governing traffic fee credits and reimbursementS (Resolution No. 23-99).
Subsection b.
Traffic Impact Fee Ri~ht-of~Way Dedications -- Credit
CITY shall provide a credit to DEVELOPER for any TIF area right-of-way
dedicated by DEVELOPER to CITY'Vi'hich is required for roadway improvements
which 2Ie described in the resolution establishing the Eastern Dublin Traffic Impact
Fee.
.PJ.l aspectS of use of the credits shall be governed by CITY's Administrative
Guidelines governing traffic fee credits and reimbursements (Resolution No. 23-99). .
Dublinl.t.Jameda Development Agreement for
Tassajara Meadows II (Counoc)' Site 1) Project - Exhibit B
Parre 9 of 11
.:>
March 30, 1999
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. Subparagraph 5.3.7 -- l\1isceIIaneous
Subsection a.
Landscapin~ lviaintenance A1on~ Streets and Creek
Pursuant to Conditions 2.12,14.2,14.3 and 16.1 of Resolutiop. 98-43. the
Homem'vners .Association to be formed by recorded Coven2.I1ts, Conditions, and
Restrictions (Ce&R's) \\'ill maintain We landscaping wiwin we public right-oi-way
along Tassajara Road and Gleason Drive. The CC&R's \\ill require L~e Hor::leO'i\"':le~-s
.-\ssodate to obtain an on-going encroachment permit from CIIT for such
maintenance and to defend and indemnify we eln' against any claims arising out of
ule maintenance of such landscaping and to name the Cln' as an additional insured
on the Homeowners .A.ssociation's policy of liability insurance.
CITY will institute proceedings to detach the Propeny from "Landscape
!\1ainterlance .Assessment District No. 97-1 (Santa Rita .Area)" 10 be effective when
the Homeowners ~-\ssociation begins to maintain such areas.
Subsection b.
One-time Increase in Credits and TIF Fees
. It is contemp1.ated that CITY v,ill amend the TIF to increase the amount of
the TIF fee due to increases in construction costs and land \'alues. In tile event that
CITY so amends the TIF in 1999, and notwithstanding CIITs Administrative
Guidcii.:.l.es, CITY will make a one-time adjustment to the amount of any credit w11i01
C01JNTY has previously been given pursuant to this agreement so that the amount
of the credit shall be based on the construction costs used by CIIT in its updated TIF
if the credit is for constructing improvements and/or on the land yalues used by eln:
in its updated TIF if the credit is fo~ dedicating land. The re\'ised credit shall not be
increased for inflation nor shall interest accrue on it.
If DEVELOPER has paid any TIF fees prior to the date the credit is
increased, DEVELOPER will pay to eIIT the difference between the TIF fees
previou.sly paid and the aTI10unt that DEVELOPER would have paid if the re\ised
TIF fees had been in effect at the time of payment. DEVELOPER may use TIF
credits purchased from COUNIT for such payment.
.
The folloVlring example illusuates the proyisions of the preceding paragraphs.
.Assume that COUNTY dedicated land for Dublin Bouleyard (a Section I
improvement) on :May 1, 1999 and that the aInOllilt of credit COUNTY receiyed was
S2,OOO,OOO, 'which amount was based on the land yalue included in the TIF as of
Dublin/.AJ.arneda Development Agreement for
Tassajara Meadows II (COWl'ty Site 1) Project. Exhibit B
Page 10 of 11
March 30. 1999
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!\1ay I, 1999. Assume further than on !\1ay 15, 1999, the City Council amends the .
TIF, to'be effective on July IS, 1999, to increase land ,'alues. Assume funher that
the land value for the dedicated land in the revised TIF is $3,000,000. On July 15,
1999, CITY 'will increase the amount of credits for COUNTY from $2,000,000 to
53,000,000. In this example, DEVELOPER pulled -100 building pern1its on l\12Y 5,
1999 and had paid Section 1 TIF fees in the total amount of $30~,000 ($300.0 per
unit). If the Section I TIF fee is increased to $4000 per unit effective July 15, 1999.
DEVELOPER "ill owe CITY an additional $100,000 on July IS.
~~V\1'~\.\1..""RSV\"\ll-m 13\I>,GREE\TASS_EXB.330
=.HS:r;a
Dublin//'Jamec.a D~'e1opm=nt Agreement for
Tassaja=a Meadows II (County Site 1) Project. Exhibit B
Page 11 of 11
March 30. 1999
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J 31
}1 ~)
ORDINANCE NO,
.
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT BET\VEEN
THE CITY OF DUBLIN,
MISSION PEAK HOMES, INC. (P A 98-035) and
ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
FOR THE TASSAJARA MEADOWS II (COUNTY SITE 1) PROJECT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLO\VS:
Section I.
RECITALS
A. The proposed Tassajara Meadows II Project (P A 98-035) 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 Density Residential
(M) uses.
B. This project is within the scope of the Eastern Dublin Specific Plan and General Plan
Amendment, for which a Program EIR was certified (SCH 91 103064). A Mitigated Negative Declaration
(SCH 86082092) has been approved for the Santa Rita Specific Plan Amendment of which this project is
a part. That Mitigated Negative Declaration together with the Program EIR adequately describes the total
project for the purposes of CEQA. The analysis indicated that no new effects could occur and no new
. mitigation measures would be required for the Tassajara Meadows II Project that were not addressed in
the FEIR or Mitigated Negative Declaration. Further, that analysis found that the project is in conformity
with the Eastern Dublin Specific Plan.
C. Implementing actions of the Specific Plan, including Chapter I 1 thereof, require that all
projects within the Specific Plan area enter into development agreements "lth the City.
D. Mission Peak Homes, Inc. has filed an application requesting approval of a development
agreement for the Tassajara Meadows II Project.
E. A Development Agreement between the City of Dublin, Mission Peak Homes, Inc., and
Alameda County Surplus Property Authority has been presented to the City Council, a copy of which is
attached to the Staff Report as Attachment 1.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on April 13, 1999, 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.
. H. A public hearing on the proposed Development Agreement was held before the City
Council on April 20, 1999, for which public notice was given as provided by law.
ATTACHMENT 2
:3 J -5 .37 ,
J. The City Council has considered the recommendation of the Planning Commission at the
April 20, 1999 meeting, 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. .
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:
I. 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 Density Residential (M) and the proposed project is 95 unit medium
density residential development 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, 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, Vesting Tentative Tract Map and Site Design Review adopted
specifically for the Tassajara Meadows II Project. .
3. The Development Agreement is in conformity with public convenience, general welfare
and good land use policies in that the Tassajara Meadows II Project will implement land use guidelines set
forth in the Specific Plan and the General Plan which have planned for office uses at this location.
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 I to the Staff Report)
and authorizes the Mayor to sign it.
Section 4. RECORDATION
Within ten (I 0) days after the Development Agreement is executed by the Mayor, the City Clerk .
shall submit the Agreement to the County Recorder for recordation.
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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 ofthe 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 _ day of May
1999, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
. CITY CLERK
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