HomeMy WebLinkAbout6.4 Dublin Ranch Dev Agmt
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SUBJECT:
_ ATTACHMENTS:
CITY CLERK
File # D[lQ]~[a}.~[QJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 18, 1999
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RECOMMENDATION:
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· FINANCIAL STATEMENT:
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DESCRIPTION:
Dublin Ranch "Area A", "Areas B - E, F, G, & H" Development
Agreement PA 96-038 (Area A), PA 96-039 (Area B-E), PA 98-068
(Area F), P A 98-069 (Area G), & P A 98-070 (Area H)
(Report Prepared by: Eddie Peabody, Jr., Community Development
Director)
1. Development Agreement for the Dublin Ranch Project, Areas A
through H.
2. Ordinance adopting Development Agreement for Dublin Ranch
Areas A through H.
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 adopt Ordinance _-99 (Attachment 2)
approving the Development Agreement.
All required public improvements for this area has been guaranteed
by the Developer. Certain major improvements will be
accomplished through the use of an Assessment District and the rest
through the normal required conditions on future entitlements, and
subsequent required development agreements. In addition to
required Eastern Dublin development agreement conditions, the City
will receive an additional 7.5 acres of community park to address the
City's existing park deficiencies, a two million-dollar contribution
for the future library and maintenance funding for major storm drain
facilities.
An ordinance approving a development agreement between the City
of Dublin and the Lin Family. The development agreement is a
"master" development agreement for most of the Un Family
holdings in Eastern Dublin. 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.
COPIES TO:
Lin Family
Ted Fairfield
P A File
ITEM NO. M
BACKGROUND:
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The Dublin Ranch project is located generally along the east side of Tassajara Road, north ofI-S80 and
west of Fallon Road, in the area depicted on the attached map (the "Property"). The Dublin Ranch project
includes Areas A-H. It does not include Phase I of Dublin Ranch, which is being developed by other
developers, and was the subject of a development agreement, which the Planning Commission considered.
at its March 23, 1999, meeting. .,~
The project area is within the Eastern Dublin Specific Plan Area. The Specific Plan, adopted by the City
of Dublin in November 1993, established land use designations for approximately 3,300 acres ofland east
of the Camp Parks military reserve. The Property was given a land use designation in the Specific Plan of
residential, commercial, campus office, and open space.
On April 13, 1999, the Planning Commission reviewed the Staff Report for the proposed Development
Agreement and approved Resolution No. 99-17 recommending that the City Council adopt an Ordinance
, (attachment 2) accepting a Development Agreement with the Lin Family for Dublin Ranch Project Areas
A through H. The City Council introduced the Ordinance (Attachment 2) at their May 4, 1999 meeting
and continued the hearing to this date.
CONCLUSION:
Staff recommends 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 "Master" Development
Agreement with the Lin Family for the Dublin Ranch Project Areas A through H.
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City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
MASTER
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Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BE1VVEEN THE
CITY OF DUBLIN
AND
THE LIN FAMILY
FOR THE DUBLIN RANCH PROJECT
(Areas A, B, C, D, E, F, G and H)
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TABLE OF CONTENTS
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Section I. Description of Property. ................................... 3
Section 2. Interest of Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 3. Relationship of City and Developer. ..........................4
Section 4. Effective Date and Term. ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4.1 Effective Date. ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4.2 Ic.nn.............................................. 4
Section 5. Use of the Areas A-E Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 5.1 Right to Develop .................................... 4
Section 5.2 Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 6. Use of the Areas F-H Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 6.1 RiZht to Develop .................................... 5
Section 7.
Future Development Agreement(s) Required. ................... 5
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Section 8. Applicable Rules. RegJ1lations and Official Policies ............... 6
Section 8.1 Rules re Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 8.2 Rules re DesigJ1 and Construction of Public Improvements . . . . 6
Section 8.3 Uniform Codes Applicable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 9. Moratorium Not Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 10. Applicable Fees and Dedications: Time of Payment. .............. 7
Section II. Subsequently Enacted or Revised Fees. Alisessments and Taxes . . . . . . 7
Section 11.1 Fees. Exactions. Dedications ...................... 7
Section 11.2 Revised Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 11.3 New Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 11.4 Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 11.5 Vote on Future Assessments and Fees . . . . . . . . . . . . . . . 8
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Table of Contents - Page i of iv
March 25, 1999
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Section 12. Assessment District -- Backbone Infrastructure .................. 8
Section 13. Master Tentative Iv1aps .................................... 9
Section 14. TImIng................................................ 10
Section 15. Ownership and Maintenance of Parks. Landscaping. ann Open Space
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Section 16. Library Contribution ..................................... 11
Section 17. Park Land.
Section 17.1
Section 17.2
Section 17.3
Section 17.4
Section 17.5
Section 17.6
Section 1 7.7
Section 17.8
Section 17.9
Section 17.10
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Conveyance of 44.5 Acres for Community Park ...... 11
Conveyance of 7.5 Acres for Community Park ....... 11
Timing of Conveyance. . . . . . . . . . . . . . . . . . . . . . . . . . 12
Credit for Conveyance . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Possible Compensation for Portion of 44.5 Acres. .... 12
Illustrative Example . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Payment of Public Facilities Fee. . . . . . . . . . . . . . 13
Restriction on Development of 13 Acres. ........... 13
Possible Reconfiguration or Relocation of Community
Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
"Not to Exceed" Value for Park Acreage ............ 14
Section 18. Maintenance Costs for Box Culvert .................... . . . . . . 15
Section 19. Calculation of Floor Area Ratio ............................. 15
Section 20. "Wallis" Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 21. Stonn Drain Master Plan . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . 16
Section 22. Payment of Funds for Acquisition of Right of Way for Construction of
"Backbone Infrastructure" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 23. Right to Purchase Remnant Parcel North of Gleason Drive. ....... 17
Section 24.
Street Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Table of Contents. Page ii of iv
March 25. 1999
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Section 25. Amendment or Cancellation ............................... 18 .
Section 25.1 Modification Because of Conflict with State or Federal
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Section 25.2 Amendment by Mutual Consent. . . . . . . . . . . . . . . . . . 18
Section 25.3 Insubstantial Amendments ...................... 19
Section 25.4 Amendment of Areas A-E Project Approval~ ......... 19
Section 25.5 Amendment of Areas F-H Project ................. 19
Section 25.6 Cancellation by Mutual Consent. . . . . . . . . . . . . . . . . . 19
26.
Annual Review
Section 26.1
Section 26.2
Section 26.3
Section 26.4
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Review Date ................................. 19
Initiation of Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Staff Reports ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Costs ............. . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 27. Default................................................ 20
Section 27.1 Other Remedies Available ............. . . . . . . . . . . 20
Section 27.2 Notice and Cure .............................. 20
Section 27.3 No Dama~es Against CITY. . . . . . . . . . . . . . . . . . . . . . 21
Section 28. Estoppel Certificate ...................................... 21 .
Section 29. Mortgagee Protection: Certain Rights of Cure. . . . . . . . . . . . . . . . . . 21
Section 29.1 Morte.a~eeProtection ..........................21
Section 29.2 Mortga~ee Not Obligated ....................... 21
Section 29.3 Notice of Default to Mortgagee and E}..tension of Right to
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Section 30. Severability ............................................ 22
Section 31. Attorneys' Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 32. Transfers and Assigpments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 32.1 ' Right to Assign ............................... 23
Section 32.2 Approval and Notice of Sale. Transfer or Ac;signment . . 23
Section 32.3 Effect of Sale. Transfer or Assignment. . . . . . . . . . . . . . 23
Section 32.4 Permitted Transfer. Purchase or Ac;signment . . . . . . . . . 24
Section 32.5 Termination of Agreement Upon Sale of Individual Lots to
Public. ..................................... 24
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Table of Contents - Page iii of iv
March 25, 1999
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. Section 33. Agreement Runs with the Land ............................. 24
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Section 34. Bankru.ptcy............................................. 25
Section 35. Indemnification ......................................... 25
Section 36. Insurance
Section 36.1
Section 36.2
Section 36.3
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Public Liability and Property Damap;e Insurance . . . . . . 25
Workers Compensation Insurance. . . . . . . . . . . . . . . . . 25
Evidence of Insurance .......................... 26
Section 37. Sewer and Water ............................ . . . . . . . . . . . . 26
Section 38. Notices........................................ ~ . . . . . . . 26
Section 39. Agreement is Entire Understanding. . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 40. Exhibits ............................................... 27
. Section 41. Counterparts ........................................... 28
Section 42. Recordation ............................................ 28
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Dublin/Alameda Development Agreement
for Dublin Ranch Project
Table of Contents - Page iv of iv
March 25, 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 CITY OF
DUBLIN, a Municipal Corporation (hereafter "City"), and Chang Su-O-Lin (also
known as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and
Hong Yao Lin (also known as Kevin Lin), (hereafter "Developer"), pursuant to the
authority of ~~ 65864 et seq. of the California Government Code and Dublin
Municipal Code, Chapter 8.56.
RECITALS
A California Government Code ~~ 65864 et seq. and Chapter 8.56 of the
Dublin Municipal Code (hereafter "Chapter 8.56") 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 located in the City of Dublin, County of Alameda, State of California,
consisting of the following:
1) approximately 815 acres of land (known as Areas A, B, C, D & E) which is
more particularly described in Exhibit A~ I attached hereto and incorporated herein by
this reference and which real property is hereafter called the "Areas A-E Property";
and
2) approximately 304 acres ofland (known as Areas F, G and H) which is more
particularly described in Exhibit A-2 attached hereto and incorporated herein by this
reference and which real property is hereinafter called the "Areas F-H Property."
E. DEVELOPER proposes the development of the Areas A-E Property with
a combination of office, commercial and residential uses. Area A (approximately 348
acres) includes 571 dwelling units and a golf course; Area B to E (approximately 467
acres) includes 1,875 dwelling units in eleven distinct neighborhoods, 41.2 acres of
Dublin/Alameda Development Agreement
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general commercial, 44.6 acres of campus office, a community park and
approximately 32.4 acres of open spaq: (together, the "Areas A-E Project"); and
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F. DEVELOPER has applied for, and CITY has approved, various land use
approvals in connection with the development of the Areas A-E Project, including: I)
for Area A a PD District rezoning (Ordinance No. 23-97) and general provisions for
the PD District rezoning including the Land Use and Development Plan (Resolution
No. 139-97); and 2) for Areas B tQ E a General Plan and Specific Plan Amendment
(Resolution No. 140-97), a PD District rezoning (Ordinance No. 24-97) and general
provisions for the PD District rezoning including the Land Use and Development
Plan (Resolution No. 141-97), (collectively the "Areas A-E Project Approvals"); and
G. Development of the Areas A-E Property by DEVELOPER is subject to
certain future discretionary approvals including master tentative maps (required by
this Agreement), tentative subdivision maps and site development review; and
H. The approved General Plan land use designations shown on the Land
Use Map in the General Plan at Figure 1-2B and on the Land Use Map in the Eastern
Dublin Specific Plan at Figure 4.1 for the Areas F-H Property allows development
with a combination of office, commercial and residential uses; and
1. DEVELOPER has applied for, and CITY has approved, various land use
approvals in connection with the Areas F-H Property including: I) a General Plan
Amendment (Resolution No. 53-93); 2) the Eastern Dublin Specific Plan (Resolution
No. 53-93); and 3) prezoning (Resolution No. 104-94) (collectively the "Areas F-H
Project"); and
J. Development of the Areas F-H Property by DEVELOPER is subject to
certain future discretionary approvals including rezoning required by Resolution No.
104-94, master tentative maps (required by this Agreement), tentative maps and site-
development review; and
K. DEVELOPER has requested a development agreement in advance of the
time when a development agreement will be required by CITY for the Areas A-E
Property and F-H Property to comply with Chapter 11 of the Eastern Dublin Specific
Plan and CITY has agreed to enter into this agreement on the condition that a
further development agreement or agreements will be required at the time of or
following approval of tentative map(s) as described hereinafter in Section 7; and
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1. The City Council has found that, among other things, t.his Development .
Agreement is consistent with its Gen~r~ Plan and the Eastern Dublin Specific Plan
and has been reviewed and~evaluated in accordance ,vith Chapter 8.56; and
M. CITY and DEVELOPER have reached agreement and desire to eA-press
herein a Development Agreement that will facilitate development of the Areas A-E
Project and Areas F-H Project subject to conditions set forth herein; and
N. Pursuant to the California Environmental Quality Act (CEQA) the City
adopted a Negative Declaration ("NO") for the Areas A~E Project and has found that
the ND is adequate for this Agreement. The City has also found that the Areas F-H
Project is within the scope of the Final Environmental Impact Report for the Eastern
Dublin General Plan Amendment and Specific Plan ("EIR") which was certified by the
Council by Resolution No. 51-93 and the Addenda dated May 4, 1993, and August
22,1994;and
O. On
Ordinance No.
effect on
, 1999, the City Council of the City of Dublin adopted
approving this Development Agreement. The ordinance took
NOW, THEREFORE, with reference to the foregoing redtals and in .
consideration of the mutual promises, obligations and covenants herein contained,
CITY and DEVELOPER agree as follows:
AGREEMENT
Section I. Description of Property.
The property which is the subject of this Development Agreement is
described in Exhibit A-I attached hereto (the "Areas A-E Property") and in Exhibit A-
2., attached hereto (the "Areas F-H Property").
Section 2. Interest of Developer.
The DEVELOPER has a legal or equitable interest in the Areas A-E
Property and in the Areas F-H Property in that it owns the Areas A-E Property and
the Areas F-H Property in fee simple.
Dublin/Alameda Development Agreement
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Section 3. Relationship of City and Developer.
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It is understoo,g"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 docwnent executed in connection
herewith shall be construed as mak.ing the CITY and DEVELOPER joint venturers or
partners.
Section 4. Effective Date and Term.
Section 4.1 Effective Date. The effective date of this Agreement shall
be the date upon which this Agreement is signed by CITY.
Section 4.2 Teml. The term of this Development Agreement shall
commence on the effective date and e>..i.end twenty (20) years thereafter, unless said
term is otherwi~e terminated or modified by circumstances set forth in this
Agreement or by a Specific Plan Development Agreement, as defined and described in
Section 7.
Section 5. Use of the Areas A-E Property.
Section 5.1 Right to Develop. Developer shall have the vested right to
develop the Areas A-E ~roject on the Areas A-E Property in accordance with the
terms and conditions of this Agreement. the Areas A-E Project Approvals, and any
amendments to any of them as shall, from time to time. be approved pursuant to this
Agreement.
Section 5.2 Permitted Uses. The permitted uses of the Areas A-E
Property. the density and intensity of use. the height. bulk and size of proposed
buildings. general provisions for reservation or dedication of land for public purposes
and general location and maintenance of on-site and off-site improvements, general
location of public utilities (operated by CITY) and other terms and conditions of
development applicable to the Areas A-E Property. shall be those set forth in this
Agreement. the Areas A-E Project Approvals and any amendments to this Agreement
or the Areas A-E Project Approvals.
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Section 6. Use of the Areas F-H Property
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Section 6.1 Rigl1t to Develop. DEVELOPER shall have the vested
right to develop the Areas F-H Property in accordance with the land use designations
shown on the Land Use Map in the General Plan (Figure 1-2B) (Exhibit B hereto)
and Eastern Dublin Specific Plan (Figure 4.1) (Exhibit C hereto), provided that all
required approvals are obtained (including PD Rezoning, Master Tentative Map(s)
and Tentative Map(s)) and provided further that approval of any units per acre
(residential) and F A.R. per acre (non-residential)over the minimum units per acre
and FA.R's shown in the General Plan and Specific Plan are not guaranteed by this
agreement but, rather, are dependent on findings of consistency with all other policies
of the General Plan and Specific Plan and environmental review. Consistent with the
EIR, CITY shall consider the midpoint of density ranges shown in the Specific Plan
when revie,ving any application for required approvals.
Section 6.2 Proposed Revised Land Use Designations. DEVELOPER
intends to process an amendment to the General Plan and Specific Plan land use
designations on the Areas F-H Property and to seek zonin.wrezoning approval for
such land uses. In conjunction with CITY approval of a PD District zoning for such
property, CITY and DEVELOPER agree that they will amend this agreement or enter
into a new development agreement for the purpose of vesting the right to develop the .
Areas F-H Property based on such revised land use designations for a period equal to
the remaining term of this Agreement. Upon the effective date of such amendment
or new development agreement, the right to develop the Areas F-H Property as
provided in Section 6.1 shall terminate and shall be replaced by the right to develop
the Areas F-H Property in accordance with the revised land use designations.
Section 7. Future Development Agreement(s) Required.
Notwithstanding any other provision of this Development Agreement to
the contrary, DEVELOPER shall not be able to develop the Areas A-E Property or the
Areas F-H Property, or any portions thereof, until it has entered into another
development agreement or agreements with CITY, applicable to the portions of the
Areas A-E or Areas F-H Property, which DEVELOPER proposes to develop as
required by Chapter II of the Eastern Dublin Specific Plan (a "Specific Plan
Development Agreement"). The purpose of the "Specific Plan Development
Agreement" shall be to comply with the requirement of Chapter 11 and shall not be
for the purpose of impairing any of DEVELOPER's rights hereunder. As used herein,
"develop" shall mean recordation of a final subdivision map (excluding a final
Dublin/Alameda Development Agreement
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Page 5 of 29
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"master" map), a final parcel map for a commercial QI office use, a final map for
medium, medium high or high density_residential uses) or issuance of a conditional
use permit, site development review or a building permit.
For the term of this agreement, this Development Agreement shall
continue in effect as to any portion of the Areas A-E Property or Areas F-H Property
which is subject to a Specific Plan Development Agreement upon the effective date of
such agreement except as modified. by specific provisions of a Specific Plan
Development Agreement.
Section 8. Applicable Rules. RegJ1lations and Official Policies.
Section 8.1 Rules re Permitted Uses. Unless otherwise expressly
provided in Paragraph 5 of this Agreement, for the term of this Agreement, the City's
ordinances, resolutions, rules, regulations and official policies governing the permitted
and conditional permitted uses of the Areas A-E Property, governing density and
intensity of use of the Areas A-E 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.
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Section 8.2 Rules re Design and Construction of Public Improvements.
The 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 for the public improvement.
Section 8.3 Uniform Codes Applicable. Unless expressly provided in
Paragraph 5 of this Agreement, the Areas A-E Project shall be constructed in
accordance with the provisions of the City's adopted 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 Areas A-E Project.
Section 9. 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, a limit on
the rate of development, or a voter-approval requirement which affects the Areas A-E
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Project or the Areas F-H Project on all or any part of the Areas A-E Property or Areas .
F-H Property. CITY agrees that such ordinance. resolution or other measure shall not
apply to the Areas A-E or Areas F-H Project, the Areas A-E or Areas F~H Property,
this Agreement or the Areas A-E Project Approvals unless the building imposed by
CITY as part of a declaration of a local emergency (including a moratoriwn due to
lack of sewer or water capacity) or state of emergency as defined in Government Code
~ 8558.
Section 10. Applicable Fees and Dedications: Time of Payment.
The Areas A~E Property shall be subject to those development impact
fees and dedications required by CITY's adopted ordinances, resolutions and policies
which are in effect at the time of approval of tentative subdivision maps.
The Areas F-H Property shall be subject to those development impact
fees and dedications required by CITY's adopted ordinances, resolutions and policies
which are in effect at the time of approval of future discretionary approvals.
All applicable development impact fees for the Areas A-E Property and
the Areas F-H Property will be paid by DEVELOPER at the time of issuance of
building permits and in the then-current amount of the impact fee. .
Section II. Subsequently Enacted or Revised Fees. A<>sessments and Taxes.
Section 11.1 Fees. Exactions. Dedications. CITY and
DEVELOPER agree that the fees payable and exactions required in connection with
the development of the Areas A-E Project and the Areas F-H Project for purposes of
mitigating envirorunental and other impacts of the Areas A-E Project and the Areas F-
H Project, providing infrastructure for the Areas A-E Project and the Areas F-H
Project and complying with the Specific Plan shall be determined at the time of
future discretionary approvals, including tentative.subdivision map(s).
Section 11.2 Revised Application Fees. Any existing application,
processing and inspection fees that are revised during the term of this Agreement
shall apply to the Areas A- E Project and Areas F- H Project provided that (1) such fees
have general applicability; and (2) the application of such fees to the Areas A-E
Property is prospective.
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Section 11.3 New Taxes. Any subsequently enacted city-wide
taxes shall apply to the Areas A-E Proj~ct and the Areas F-H Project provided that the
application of such taxes to Jhe Areas A-E Property is prospective.
Section 11.4 Assessments. Nothing herein shall be construed to
relieve the Areas A-E Property or Areas F-H 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 Areas A-E Property or Areas F-H
Property.
Section 11.5 Vote on Future Ac;sessments and Fees. In the event
that any assessment, fee or charge which is applicable to the Areas A-E and/or Areas
F-H Property is subject to Article XUID of the Califorrua 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.
Section 12. Ac;sessment District -- Backbone Infrastructure.
CITY has entered into this agreement to, among other things, facilitate
DEVELOPER's financing of the construction of certain "backbone infrastructure" to
serve the Areas A-E Property and Areas F-H Property. DEVELOPER's preferred
method of financing "backbone infrastructure" is an assessment district formed
pursuant to the Assessment District Act of 1913 with the area to be assessed being a
portion of the Areas A-E Property and Areas F-H Property. In the event the
assessment district is not established and/or bonds are not sold to fund all of the
"backbone infrastructure", DEVELOPER shall provide an alternate method of
financing the "backbone infrastructure" prior to the approval of the first final
subdivision map that creates lots for sale or lease for the property (Le., subdivision
subsequent to the creation of parcels pursuant to the filing of a Master Final Map), or
the first non-residential building permit in either Areas A-E Property or the Areas F-H
Property.
The "backbone infrastructure" referred to herein is generally described in
Exhibit D and is anticipated to be built in one or more phases. The final list of
improvements to be financed through the Assessment District will be determined by
the City Council upon formation of the Assessment District. Some of the "backbone
infrastructure" may be constructed by DEVELOPER and acquired by CITY and/or
the Dublin San Ramon Services District ("DSRSD") through the Assessment District
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 8 of 29
March 25. 1999
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and some of the "backbone infrastructure" will be constructed by CITY or DSRSD .
using Assessment District funds.
....
DEVELOPER recognizes that the timing of the formation of the
assessment district depends on approval of this agreement. DEVELOPER also
recognizes that CITY will adopt policies establishing conditions for formation of the
assessment district and issuance of bonds.
Section 13. Master Tentative Maps.
DEVELOPER agrees that it will file three or more (but not more than
seven) <<master" tentative maps for the Areas A-E Property and the Areas F-H
Property, as contemplated in Section 11.2.8 of the Eastern Dublin Specific Plan. For
CITY, the purpose of filing "master" tentative maps is to assure that all arterial streets
and major infrastructure (including the "backbone infrastructure" and any other
needed infrastructure not listed on Exhibit D) are constructed to serve the entire area
included on the <<master" tentative map (the <<Master Map Area"). For DEVELOPER,
there are several purposes for filing <<master" tentative maps; these purposes include
(a) assuring that all arterial streets and major infrastructure are planned to serve the
Master Map Area, (b) to create master parcels which may be further subdivided, and .
(c) to create master parcels of logical size for purchase by builders/developers for
construction of projects.
To effectuate the CITY's purposes, the <<master" tentative maps will be
conditioned to assure the following: (a) that each parcel may be further subdivided;
(b) that a Specific Plan Development Agreement will be required at the time of
further subdivision or prior to final map (if no further subdivision occurs); (c) that
DEVELOPER shall prepare a street alignment study adequate for CITY to use to
establish right~of~way lines for all arterial streets required to proviq.e access to the
Master Map Area to the satisfaction and requirements of CITY's Public Works
Director; (d) that all arterial streets required to provide access to the Master Map
Area (including those arterial streets included in the "backbone infrastructure" and
any other arterial streets) are guaranteed to CITY's satisfaction prior to or concurrent
with the final map; (e) that all major infrastructure (including drainage
improvements) required to serve the Master Map Area (including major infrastructure
included in the "backbone infrastructure" and any other such major infrastructure) are
guaranteed to CITY's satisfaction prior or concurrent with the final map; (f) that
drainage improvements are adequate for all upstream development and that
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downstream improvements are adequate assuming that no development were to occur
except in the Master Map Area; and (g) that all utilities required to serve the Master
Area, including gas, electrici-ty, telephone, cable TV, water and sewer are master
planned.
Nothing provided herein shall be deemed to restrict CITY's discretion to
impose any other conditions it deems appropriate on a "master" tentative map.
Section 14. Timing
With the exception of the "backbone infrastructure improvements" described
in Section 12 and the "Master" tentative maps described in Section 13, this
Agreement contains no requirements that DEVELOPER must initiate or complete
development of the Areas A-E Project or the Areas F-H Project within any period of
time set by CITY. It is the intention of this provision that DEVELOPER be able to
develop the Areas A-E Property and the Areas F-H Property in accordance with its
m\TIl time schedules and the Areas A-E Project Approvals and the Areas F-H Project.
Section 15. Ownership and Maintenance of Parks. Landscaping. and Open
Space Areas.
Ownership and maintenance of parks, landscaping and open space areas
in the Areas A-E Property and the Areas F-H Property shall be as follows:
OWNERSHIP
MAINTENANCE
City
Zone 7~EBRPD* or
Community HOA
Zone 7-EBRPD* or HOA
Parks Public
City
Stream Corridor Open Space Areas
Home Owners
Association ("HOA")
Stream Corridor Trails
EBRPDIHOA
EBRPDIHOA
CitylHOA ..
City (pavement only);
HOA (landscaping) .
City
Other Trails
EBRPD or HOA
Trails along arterials
Right-of-Way Landscaping-
Anerials/Medians
City
Right~of.Way Landscaping (curb to ROW
line)
City
HOA
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 10 of 29
March 25. 1999
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Right~of~ W ay Landscaping - internal public
streets
City
HOA
.
Subdivision Community Landscaping
Private
HOA
Rural ResidentiaVAgricu1tural Lands Private
* Public easement required
** To be determined at tentative map
Private
Section 16. Library Contribution.
DEVELOPER agrees to contribute Two Million Dollars ($2,000,000) to
CITY for use by CITY for construction of a new library. DEVELOPER shall not be
entitled to credit against payment of Public Facilities Fees on account of such
contribution. DEVELOPER will pay CITY the $2,000,000 60 days following written
notice from CITY but no sooner than the date CITY awards the contract.
Section I 7. Park Land.
Section 17.1 Conveyance of 44.5 Acres for Community Park. By
grant deed, DEVELOPER shall convey to CITY in fee simple and free of any
assessments for "backbone infrastructure" 44.5 acres of land for the community park. .
shown on Figure 4.1 in the Eastern Dublin Specific Plan which is located adjacent to
and west of Fallon Road CCommunity Park"). The exact location of the land to be
conveyed shall be determined by CITY. DEVELOPER shall provide City with
evidence that the land tq be conveyed and underlying groundwater are free of
hazardous substances. DEVELOPER shall be entitled to a credit for conveyance of
such 44.5 acres as of the Effective Date.
Section 17.2 Conveyance of 7.5 Acres for Community Park. By
grant deed, DEVELOPER shall convey to CITY in fee simple and free of any
assessments for "backbone infrastructure" an additional 7.5 acres of land for the
community park shown on Figure 4.1 in the Eastern Dublin Specific Plan which is
located adjacent to and west of Fallon Road ("Community Park"), for a total of 52
acres. The exact location of the 7.S acres of land to be conveyed shall be determined
by CITY. . DEVELOPER shall provide City with evidence that the land to be
conveyed and underlying groundwater are free of hazardous substances.
DEVELOPER shall receive no credit for conveyance of such 7.5 acres, which property
shall be used by CITY to reduce the current 3.3 acre deficiency in total community
park acreage City-wide and to reduce the need for joint use by CITY and the Dublin
Unified School District of schooVpark lands.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 11 of 29
March 25. 1999
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Section 17.3 Timing of Conveyance. The total 52 acres shall be
conveyed to CITY in phases. The first. conveyance shall occur when DEVELOPER
records the first final subdivjsion map which includes all or a portion of an existing
parcel of land which includes land which will become part of the community park.
Additional conveyances shall occur when DEVELOPER records subsequent final
subdivision maps which include portions of existing parcels of land which include
land which will become part of the community park. Notwithstanding the foregoing,
conveyances may occur at such ear~ier date(s)designated by CITY 60 days in advance
in vvriting.
Section 17.4 Credit for Conveyance. DEVELOPER may use its
credit for conveyance of 44.5 acres to satisfy its obligation under Dublin Municipal
Code Chapter 9.28 (City's "Quimby Act" ordinance) for community park land for any
residential project on the Areas A-E Propeny or the Areas F-H Property. All other
aspects of use of the credit shall be as provided in CITY's administrative guidelines
governing use of credits against paYment of the Public Facilities Fee.
DEVELOPER may request, and CITY will consider, use of such credits
for non-residential projects.
Section 17.5 Possible Compensation for Portion of 44.5 Acres. In
the event that the total "Quimby Act" dedication requirement for the Areas A-E
Property and Areas F~H Property is less than 44.5 acres and provided there are
sufficient Public Facilities Fee monies for the Community Park Land "component" of
the Fee available, CITY shall compensate DEVELOPER for the difference between
the "Quimby Act" ordinance dedication requirement and 44.5 acres ("the
Difference"). In such event, DEVELOPER agrees that CITY will pay DEVELOPER
for the "Difference" at the then-current "fair market value (based on DEVELOPER's
estimation)," provided in no event shall the "fair market value" exceed the land value
used by CITY in calculating its then-current Public Facilities Fee. The payment to
DEVELOPER shall occur upon approval of the last map for a residential project,
which is the time when the entire "Quimby Act" dedication requirement for all of the
Areas A- E and Areas F- H Properties will be known and the Difference can be
calculated, provided that if there are insufficient Public Facilities Fee monies at such
time, the amount of the paYment shall become a right to reimbursement, to be paid
pursuant to adopted guidelines from Fee monies only. As used in this Section 17,
"then current" means the date of an agreement to purchase or the 'valuation date", as
defined in the Eminent Domain Law.
Dublin/Alameda Devdopment Agreement
for Dublin Ranch Project
Page 12 of 29
March 25. 1999
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As an alternative to payment to DEVELOPER, CITY may at its option
grant DEVELOPER a credit in the am~unt of the Difference, which credit may be .
used by DEVELOPER again~t its dedication requirement under the "Quimby Act" for
Community Park Land on other residential property which DEVELOPER proposes to
develop. All aspects of the use of any such credit shall be governed by guidelines to
be adopted by CITY regarding credits and reimbursement for Public Facilities Fees.
Section 17.6 Illustrative Example. The following example
illustrates the provisions of Section 17.5:
Assume that the "Quimby Act" dedication requirement for all of the
Areas A-E Property and Areas F-H Property is 30 acres.
DEVELOPER conveys 52 acres and receives a credit for 44.5 acres.
DEVELOPER's "Quimby Act" dedication requirement of 30 acres is subtracted from
44.5 acres for a total of 14.5 acres for which CITY must compensate DEVELOPER.
At the time of the conveyance (last final map), the ,"fair market value"
of the 14.5 acres (based on DEVELOPER's estimation) is $400,000 an acre and the
land value used by CITY in its then-current Public Facilities Fee is $375,000 an acre.
CITY shall pay DEVELOPER the sum of $5,437,500 (14.5 x $375,000). .
Alternatively, if the "fair market value" (based on DEVELOPER's estimation) is
$350,000 an acre, CITY shall pay DEVELOPER $5,075,000.
Section 17.7 Payment of Public Facilities Fee. In the event
that the total "Quimby Act" dedication requirement for the Areas A.E Property and
Areas F-H Property is more than 44.5 acres, DEVELOPER shall comply with the
Quimby Act Ordinance by dedicating additional land or paying fees.
DEVELOPER will pay all other components of CITY's Public
Facilities Fee for residential development and shall pay the Fee in full for non-
residential development.
Section 17.8 Restriction on Development of 13 Acres. CITY
agrees that the 13-acre portion of the Community Park illustrated on the Land Use
and Development Plan/District Planned Development Plan for Areas B-E with a "U*"
shall not be necessary for use as part of the Community Park. CITY and
DEVELOPER agree that neither DEVELOPER nor its successors in interest will
develop the 13 acres for any uses inconsistent with park uses until CITY has made a
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for Dublin Ranch Project
Page 13 of 29
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determination that 68 usable and contiguous acres of land (including lands owned by
persons other than DEVELOPER) are available for the Community Park. CITY "vill
make its determination within six months of the date CITY receives information it
-
believes is reliable that 68 contiguous acres can be developed as a park without
interference from other jurisdictions. By its agreement hereto, DEVELOPER agrees
that CITY may deny a proposal to develop the 13 acres or any portion thereof until
CITY has made such determination and DEVELOPER will not claim damages as a
result of such denial. "Develop," a~_ used herein, has the same meaning as used in
Section 7.
Section 17.9 PossibkReconfiguration or Relocation of
Community Park. In the event that CITY needs to reconfigure or relocate the
Community Park because all or a portion of the Community Park site is
undevelopable for community park purposes due to federal wetlands or endangered
species regulations or for any other reason related to federal and/or state regulatory
permits, DEVELOPER and CITY agree to work together cooperatively in an attempt
to reconfigure or relocate the Community Park so that CITY is able to provide a 68-
acre usable contiguous community park in the general location of the Community
Park. In such event, CITY will attempt to redesignate land uses on the Areas A-E
Property to retain the level of development approved by the PD District rezoning and
Land Use and Development Plan (Ordinance No. 23-97 and Resolution No. 139-97).
If CITY and DEVELOPER are unable to agree on a'reconfiguration or relocation of
the Community Park to achieve CITY's need for 68 acres and CITY acquires such
needed acreage through purchase or condemnation, DEVELOPER agrees that the
value of such land shall be the then-current "fair market value," provided in no event
shall the "fair market value" exceed the land value used by CITY in calculating its
then-current Public Facilities Fee.
Section 17.10 "Not to Exceed " Value for Park Acreage. In the
event that City is required to acquire any of the Areas A-E and/or Areas F-H Property
for park purposes by agreement or condemnation in excess of the 52 acres for the
Community Park, DEVELOPER agrees that the value of the portion of such property
to be so acquired in excess of the portion which is required to be dedicated under the
Quimby Act Ordinance shall be the then-current "fair market value," provided in no
event shall the "fair market value" exceed the land value used by CITY in calculating
its then-current Public Facilities Fee. This Section 17.10 shall be applicable only to
the acquisition by CITY of property to satisfy the requirements of the Eastern Dublin
General Plan and Specific Plan..
Dublin! Alameda Development Agreement
for Dublin Ranch Project
Page 14 of 29
March 25. 1999
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Section 18. Maintenance Costs for Box Culvert.
DEVELOPER ~grees that: subject to approval from regulatory agencies .
having jurisdiction, it will construct a box culvert along the northern side of 1-580
(along the southern boundary of the areas A-E and F-H Property to channel drainage
from the Areas ApE Property and the Areas F-H Property. DEVELOPER further
agrees that it will make a one-time payment to CITY of $280,000 to be used by
CITY for the maintenance costs of the box culvert no later than the date CITY
accepts the box culvert improvements.
Section 19. Calculation of Floor Area Ratio.
In calculating the Floor Area Ratio ("FAR.") for development of
individual parcels of the Areas A-E Property and/or the Areas F-H Property, CITY will
use gross acres, before subtracting land to be used for streets and utilities.
The FAR's specified in the Specific Plan will be applied by CITY to
individual parcels, regardless of whether a portion of a parcel is not developable
because it is to be used for wetlands or other environmental mitigation.
Section 20. "Wallis" Property.
.
DEVELOPER is the owner of approximately 183 acres, located within
Alameda County (the "Wallis Property"), as shown in Exhibit E. The Wallis
Property is not within the City of Dublin but is within the Eastern Dublin Specific
Plan area and is within CITY's sphere of influence.
It is the mutual desire of CITY and DEVELOPER that the Wallis
Property be annexed to CITY prior to development on the Wallis Property. Upon
request of DEVELOPER and provided it is legally possible, CITY will initiate an
application to annex the Wallis Property to CITY.
In the event that development occurs on the Wallis Property while it is
unincorporated, DEVELOPER agrees that it will pay all CITY development impact
fees then in effect and applicable to property in Eastern Dublin to CITY.
Except for the agreement in the preceding paragraph, the Wallis
Property is not subject to this Agreement
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 15 of29 .
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Section 21. Storm Drain Master Plan.
DEVELOPER}Yill prepare a Master Storm Drainage Study covering all
of the Areas A-E and Areas F-H Properties to the satisfaction and requirements of
CITY's Public Works Director. DEVELOPER shall complete the Master Storm
Drainage Study to the Public Works Director's satisfaction prior to approval by CITY
of the first "master" tentative map.
Section 22. Payment of Funds for Acquisition of RigJ1t of Way for
Construction of "Backbone Infrastructure".
Upon 20 days' written notice from CITY, DEVELOPER will pay to
CITY the amount of $74,000 to be used by CITY to acquire any right-of-way (and
easements) needed for construction by DEVELOPER of the "backbone
infrastructure". Such right-of~way includes that necessary for Gleason Drive, Central
Parkway and Dublin Boulevard from the Areas F-H Property to Tassajara Road.
CITY agrees that it will use such monies to acquire such right-of-way as eA'PeditiousIy
as possible. The monies will be used by CITY for all expenses associated with the
acquisition of such right-of-way, including but not limited to legal descriptions,
appraisal fees, title reports, environmental review and documentation, preparation of
all documents for ::,ldoption of a resolution of necessity and convenience, court costs
(including, but not limited to, fees for preparation of transcripts), costs of litigation,
trial and appeal, including docwnent preparation, eA'Pert witness fees and attorney's
fees and costs, the fair market value of the land (as mutually agreed upon or as
determined by the court), and any award made by the court to the defendants
(including but not limited to market value, severance damages, attorneys' fees,
appraisers' fees, eJ...1>ert witness fees, and all other costs [collectively, "Acquisition
Costs"]), whether or not the eminent domain action results in the acquisition of the
real property sought to be condemned.
It is anticipated that the total Acquisition Costs will be approximately
$4,276,000. Accordingly, upon written request from CITY and 20 days' notice,
DEVELOPER will pay to CITY any amounts in addition to the initial payment of
$74,000 which CITY detennines are necessary to acquire such right-of-way.
CITY shall provide DEVELOPER with an accounting of the Acquisition
Costs incurred by CITY on a quarterly basis.
CITY will keep DEVELOPER apprised of any negotiations for
Dublirv'Alameda Development Agreement
for Dublin Ranch Project
Page 16 of29
March 25, 1999
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acquisition of the right-of-way and, provided CITY's attorney.client privilege is not .
waived, will provide DEVELOPER the opportunity to participate in negotiations.
Prior to entering into any a~eement wfth the owner(s) of the land to be acquired,
CITY will consult with DEVELOPER regarding the amount of any proposed payment
and whether settlement or trial is preferable in DEVELOPER's opinion. However,
CITY retains the right to determine the amount of any such payment in its sole
discretion.
DEVELOPER will receive credit against the TIF for monies paid to
CITY pursuant to this subsection used for acquisition of any right-of-way which is
,vi thin the TIF area needed for the Gleason Drive, Central Parkway and Dublin
Boulevard improvements. The credit shall be in the amount of City's final
"Acquisition Costs" needed to acquire such right-of-way. DEVELOPER shall not be
entitled to a credit for any monies used to acquire right-of-way which is not in the
TIP areas.
The credit shall be granted at the time CITY obtains possession of the
right-of-way in the amount of Acquisition Costs (if possession is acquired by
agreement) or in the amount of CITY's "deposit of probable compensation" (if
possession is acquired by an "order of immediate possession". Additional credits, if
any, will be granted annually based on actual expenditures by CITY. .
Any monies paid by DEVELOPER pursuant to this subsection which are
not needed by CITY to acquire the right-of-way shall be refunded to DEVELOPER
within 90 days' following final judgment of condemnation.
Section 23. Right to Purchase Remnant Parcel North of Gleason Drive.
In the event that CITY determines it should acquire any portion of the
land north of the proposed extension of Gleason Drive east of Tassajara Road (the
"Remnant Parcel"), as shown on Exhibit F hereto, through purchase or condemnation
for the purpose of avoiding severance damages DEVELOPER agrees to pay to CITY,
upon 30 day's written notice, the amount(s) requested by CITY for such acquisition,
which shall include all CITY's anticipated costs as described in Section 22 ("Costs of
Remnant Acquisition"). Following acquisition of the Remnant Parcel, CITY agrees to
offer the Remnant Parcel to DEVELOPER for purchase. If accepted, CITY would
convey the Remnant Parcel to DEVELOPER by quit claim deed in exchange for
payment of all of CITY's actual costs to acquire the "Remnant Parcel" as determined
by CITY. If DEVELOPER does not accept the offer to purchase within 30 days' of
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 17 of29
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written notice, CITY will declare the Remnant Parcel to be surplus and follow the
provisions of Dublin Municipal Code Qlapter 2.38 for disposal of the Remnant
Parcel. Upon disposal of th(j.Remnant -Parcel, CITY will pay DEVELOPER the
proceeds of the sale (less CITY's administrative costs of conducting the sale) but not
to exceed the Costs of Remnant Acquisition paid by DEVELOPER to CITY.
DEVELOPER's obligations to indemnify, defend and hold CITY harmless pursuant to
Section 35 shall extend to any claims, costs and liability arising out of CITY's actions
or inactions pursuant to this section.
Section 24.
Street Lighting.
DEVELOPER has asked CITY to form an assessment district pursuant
to the Lighting and Landscaping Act of 1972 to pay for street lighting in order to
satisfy DEVELOPER's obligation to pay for street lighting in the Areas A-E Property
and the Areas F~H Property. DEVELOPER will not protest the formation of, or
annexation to, such an assessment district or the levy of an assessment. Furthermore,
DEVELOPER agrees to record a declaration of covenants, conditions and restrictions
or a similar document against the Areas A-E Property and Areas F-H Property before
issuance of a Certificate of Occupancy for any structure on either of such properties,
which declaration will covenant DEVELOPER, on behalf of themselves and their
successors, to pay a "deed assessment" to CITY for the costs of street lighting and
street light maintenance in the event that the assessment for street light costs and
maintenance is not levied against the Areas A-E Property and/or Areas F-H Property,
or any portion of either of them, in any year.
Section 25. Amendment or Cancellation.
Section 25.1 Modification 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 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 with 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 8.56.
Section 25.2 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 with the procedures of State law and Chapter 8.56.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 18 of 29
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Section 25.3 Insubstantial Amendments. Notwithstanding the .
provisions of the preceding paragraph 4,5.2, any amendments to this Agreement
",,,hich do not relate to (a) tl:!e term of the Agreement as provided in paragraph 4.2;
(b) the permitted uses of the Areas A-E Property as provided in paragraph 5.2; (c)
provisions for "significant" reservation or, dedication ofland; (d) conditions, terms,
restrictions or requirements for subsequent discretionary actions; (e) the density or
intensity of use of the Areas A-E Project; (f) the maximum height or size of proposed
buildings; (g) monetary contributions by DEVELOPER as provided in this
Agreement; or (h) the Areas F-H Property 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. CITIs Public Works Director shall determine whether a reservation or
dedication is "significant".
Section 25.4 Amendment of Areas A-E Project Approvals. Any
amendment of Areas A~E Project Approvals relating to: (a) the permitted use of the
Areas A- E Property; (b) provision for reservation or dedication of land; (c) conditions,
terms, restrictions or requirements for subsequent discretionary actions; (d) the
density or intensity of use; (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. Any .
other amendment of the Areas A-E Project Approvals, or any of them, shall not
require amendment of this Agreement unless the amendment of the Areas A-E Project
Approval (s) relates specifically to some provision of this Agreement.
Section 25.5 Amendment of Areas F-H Project. Any amendment
of the Areas F-H Project will require amendment of this agreement or a new
development agreement, as provided in Section 6.2.
Section 25.6 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 8.56. Any fees paid and/or land dedicated pursuant to this
Agreement prior to the date of cancellation shall be retained by CITI.
Section 26. Annual Review.
Section 26.1 Review Date. The annual review date for this
Agreement shall be July 15,2000 and each July 15 thereafter.
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Section 26.2 Initiation of Review. The CITY's Community
Deveiopment Director shall initiate th~ annual review, as required under Section
8.56.140 of Chapter 8.56, Qy,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 as prQvided in Government Code ss65684 et seq. The
burden of proof by substantial evidence of compliance is upon the DEVELOPER
Section 26.3 Staff Reports. To the e>..'tent 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.
Section 26.4 Costs. 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.
Section 27. Default.
Section 27.1 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, e>...'Pressly induding the remedy of specific
performance of this Agreement.
Section 27.2 Notice and Cure. Upon the occurrence of an event
of default by either party, the nondefaulting 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 nnder 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 c?nstitute a waiver of any default.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 20 of 29
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Section 27.3 No Damages Against CITY. In no event shall .
damages be awarded against CITY upop. an event of default or upon termination of
this Agreement. or" .
Section 28. 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 knowled.ge 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 party
receiving the request not execute and retum such certificate 'within the applicable
period, this shall not be deemed to be a default.
Section 29. Mortgagee Protection: Certain Rights of Cure.
.
Section 29.1 Mortgagee Protection. This Agreement shall be
superior and senior to any lien placed upon the Areas A-E and/or Areas F-H Property,
or any portion thereof after the date of recording this Agreement, including the lien
for any deed of. trust or mortgage ("Mortgage"). Notwithstanding the foregoing, 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 effective against any person or entity, including
any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the
Areas A-E and/or Areas F-H Property, or any portion thereof, by foreclosure, trustee's
sale, deed in lieu of foreclosure, or otherwise.
Section 29.2 Mortgagee Not Obligated. Notwithstanding the
provisions of Section 29.1 above, no Mortgagee 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 totpay, perform or provide any fee, dedication, improvements or other exaction or
Dublin! Alameda Development Agreement
for Dublin Ranch Project
Page 21 of 29
March 25, 1999
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imposition; provided, however, that a Mortgagee shall not be entitled to devote the
Areas A-E and/or Areas F-H Property t9 any uses or to construct any improvements
thereon other than those us~s or improvements provided for or authorized by the
Areas A-E Project Approvals or by this Agreement.
Section 29.3 Notice of Default to Mortgagee and E>..1:ension of
Right to Cure. If CITY receives notice from a Mortgagee requesting a copy of any
notice of default given DEVELOP~R 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 commence 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 23.7 for not more than an additional sh.'ty (60) days
upon request of DEVELOPER or a Mortgagee.
Section 30. Severability.
The unenforceabiIity, invalidity or illegality of any provisions, covenant,
condition or term of this Agreement shall not render the other provisions
unenforceable, invalid or illegal.
Section 31. 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, the Areas A-E Project Approvals, the Areas F-H
Project or CITY's actions pursuant to this agreement, 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 and for any attorney's fees and costs awarded to a party to be paid by
CITY.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 22 of 29
March 25. 1999
J.<ttf'Y1' .
Section 32. Transfers and Assignments.
Section 32.1 . ~ Right to Assign. It is anticipated that DEVELOPER
will sell, transfer or assign portions of the Property to other developers (each such
other developer is referred to as a "Transferee"). In connection with any such sale, .
transfer or assignment to a Transferee, DEVELOPER may sell, transfer or assign to
such Transferee any or all rights, interests and obligations of DEVELOPER arising
herermder and that pertain to the portion of the Property being sold or transferred, to
such Transferee, provided, however, that: a) no such transfer, sale or assignment of
DEVELOPER's rights, interests and obligations hereunder shall occur without prior
written notice to CITY and approval by the City Manager (which shall be for the
pUrpose of assuring CITY that the proposed transferee can perform DEVELOPER's
obligations hereunder), which approval shall not be unreasonably withheld or
delayed; and b) DEVELOPER may not transfer, sell or assign its obligation to
construct or finance construction of, any of the "backbone infrastructure" described in
Section 12 unless all of the "backbone infrastructure" proposed for assignment is all of
the backbone infrastructure required in conjunction with a master tentative map
pursuant to Section 13..
Section 32.2 Approval and Notice of Sale. Transfer or
Assignment. The City Manger shall consider and decide on any transfer, sale or
assignment within ten (10) working days after DEVELOPER's notice, provided all
necessary documents, certifications and other information showing the proposed
transferee can perform DEVELOPER's obligations are first provided to the City
Manager. Notice of any such approved sale, transfer or assignment (which includes a
description of all rights, interests and obligations that have been transferred and those
which have been retained by DEVELOPER) shall be recorded in th~ official records
of Alameda County, in a form acceptable to the City Manager, concurrently with
such sale, transfer or assignment.
Section 32.3 Effect of Sale. Transfer or Ac;;signment.
DEVELOPER shall be released from any obligations hereunder sold, transferred or
assigned to a Transferee pursuant to subparagraph 32.1 of this Agreement, provided
that: a) such sale, transfer or assignment has been approved by the City Manager
pursuant to subparagraph 32.1 of this Agreement; and b) such obligations are
expressly assumed by Transferee; provided further in no event shall DEVELOPER be
released from its obligation to construct or finance construction of, any of the
"backbone infrastructure" described in Section 12 unless all of the "backbone
infrastructure" proposed for assignment is all of the backbone infrastructure required
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 23 of 29
March 25. 1999
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in conjunction with a master tentative map pursuant to Section 13; and provided
further that Transferee shall be subject.to all the provisions hereof and shall provide
all necessary documents, certifications and other necessary information prior to City
Manager approval pursuant to subparagraph 32.1 of this Agreement.
Section 32.4 Permitted Transfer. Purchase or A~signrnent. 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 32.1. Any subsequent transfer, sale or
assignment by the Purchaser to a subsequent transferee, purchaser, or assignee shall
be subject to the provisions of paragraph 32.1.
Section 32.5 Termination of Agreement Upon Sale of Individual
Lots to Public. Notwithstanding any provisions of this Agreement to the contrary,
the burdens of this Agreement shall terminate as to any lot which has been finally
subdivided and individually (i.e. only one dwelling unit is anticipated to be
constructed on such lot) leased or sold (i.e. not in "bulk") to a custom homebuilder or
person intending to construct his or her own home on such lot; provided, however,
that: a) the benefits of this Agreement shall continue to run as to any such lot until
occupancy of the building to be constructed thereon; and b) the DEVELOPER's
obligation to construct the "backbone infrastructure" shall continue until the such
infrastructure has been completed and accepted by the CITY.
Section 33. Agreement Runs "\lith the Land.
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, andall other persons acquiring the Areas A-E
Property or Areas F-H 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 Areas A-E Property or Areas F-H
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
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 24 of 29
March 25, 1999
30 ~ c;f
each party and its property hereunder and each other person succeeding to an interest .
in such properties. ._
,~.
Section 34. Bankruptcy.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
Section 35. Indemnification.
DEVELOPER agrees to indemnify, defend and hold harmless CITY, and
its elected and appointed councils, boards, commissions, 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
Areas A-E and/or the Areas FwH 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).
Section 36. Insurance.
Section 36.1 Public Liability and Property Damage Insurance. At
all times that DEVELOPER is constructing any improvements that will become
public improvements, DEVELOPER shall maintain in effect a policy of
comprehensive general liability 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.
Section 36.2 Workers Compensation Insurance. At all times that
DEVELOPER is constructing.any improvements that will become public
improvements DEVELOPER shall maintain Worker's Compensation insurance for all
persons employed by DEVELOPER for work at the Areas A-E and/or Areas F-H
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 25 of 29
March 25, 1999
.
31 or rff
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Project site or for work performed pursuant to this Agreement. DEVELOPER shall
require each contractor and subcontract.or similarly to provide Worker's
Compensation insurance for jts respective employees. DEVELOPER agrees to
indemnify the City for any damage resulting from DEVELOPER's failure to maintain
any such insurance.
Section 36.3 Evidence of Insurance. Prior to commencement of
construction of any improvements which will become public improvements,
DEVELOPER shall furnish CITY satisfactory evidence of the insurance required in
Sections 36.1 and 36.2 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,
commissions, officers, agents, employees and representatives and to DEVELOPER
performing work on the Areas A-E and/or Areas F-H Property and pursuant to this
Agreement.
Section 37. 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.
Section 38. 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:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as
follows:
The Un Family
do Ted Fairfield
5510 Sunol Boulevard, Suite B
P.O. Box 1148
.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 26 of 29
March 25, 1999
. 3;1. OJ' vf"
Pleasanton, CA 94566
.-
with copy to: ~..
Martin W. Inderbitzen
5510 Sunol Boulevard, Suite A
Pleasanton CA 94566
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
eApiration 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.
Section 39. Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement of
the parties.
Section 40. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A-I
Legal Description of Areas A-E Property
Exhibit A-2
Legal Description of Areas F-H Property
Exhibit B
Figure 1-2B (General Plan)
Exhibit C
Figure 4.1 (Specific Plan)
Exhibit D
Backbone Infrastructure
Exhibit E
Description of Wallis Property
Exhibit F
Description of Potential Remnant Parcel
North of Gleason Drive
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 27 of29
March 25, 1999
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Section 41. Counterparts.
This AgreemenJ.is executed in three (3) duplicate originals, each of
which is deemed to be an original.
Section 42. 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: Date:
Guy S. Houston, Mayor
ATTEST:
By: Date:
Kay Keck., City Clerk
Approved as to Form:
Elizabeth H. Silver, City Attorney
DEVELOPER:
Date:
Chang Su-O-Lin
(also known as Jennifer Lin)
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 28 of 29
March 25. 1999
Hong Lien Lin
(also known as Frederich or flederic Lin)
..
HongYao Lin
(also known as Kevin Lin)
Approved as to Form:
Marty Inderbitzen
Attorney for Lin Family
EHS:rja
J :\WPD\MNR$W\114\1 03\AGREE\DEV.AGR325
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Date:
Date:
'j( "5 tjf
Page 29 of 29
March 25. 1999
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State of California )
) S8.
....",.
County of Alameda )
On
before me, a Notarj Public,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose narne(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by 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.
NOTARY PUBLIC
.
EXHIBIT /I A-I/I
PAGE10F3
~6 6(J f/ S
16034-20
2/19/99
F.CI.
DESCRIPTION OF "AREAS A THROUGH E PROPERTY" OF DEVELOPMENT AGREEMENT
PARCEL 1
.
{.~. I.
BEING ALL OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "RESULTANT REMAINDER NO.1" OF LOT LINE
ADJUSTMENT "L-98-03", AS RECORDED ON THE 23RD DAY OF OCTOBER, 1998 IN SERIES NO. 98-371712,
ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A DEVELOPMENT AGREEME!\'T, "AREAS A THROUGH E
PROPERTY" - PARCEL 1 (PORTION TO BE DEVELOPED). LYING AND BEING IN THE CITY OF DUBLIN. COUNTY OF
ALAMEDA. 5T ATE OF CALIFORNIA.
PORTIONS OF ASSESSOR'S PARCEL NUMBERS: 985-0002-003-02 AND 985-0003-003-04.
END OF DESCRIPTION - PARCEL 1
.
PARCEL 2
BEING ALL OF TH1\T CERTAIN PARCEL OF LAND KNOWN AS: "DESIGNATED REMAINDER AREA NO.2" OF THAT
CERTAIN FINAL MAP ENTITLED: "TRACf692S", AS RECORDED ON THE 16nt DAY OF JULY. 199.8 IN BOOK 241 OF
MAPS AT PAGES 39 TO 52, ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A DEVELOPMENT AGREEMENT,
"AREAS A THROUGH E PROPERTY" - PARCEL 2 (PORTION TO BE DEVELOPED). LYING AND BEING IN THE CITY
OF DUBLIN. COUNTY OF ALAMEDA. STATE OF CALIFORNIA.
PORTION OF ASSESSOR'S PARCEL NUMBER: 985-0003-003-08.
END OF DESCRIPTION - PARCEL 2
.
PARCEL 3 .
BEING ALL OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "DESIGNATED REMAINDER AREA NO.3"
[CONSISTING OF 4-LEGAL PARCELS: (1) RE: 2658, 1M: 347; (2) RE: 2658, 1M: 353; (3) RE: 2670, 1M: 208; AND A PORTION OF (4)
RE: 2713, 1M: 703J OF THAT CERTAIN FINAL MAP ENTITLED: "TRACT 6925", AS RECORDED ON THE 16nt DAY OF
JULY, 1998 IN BOOK 241 OF MAPS AT PAGES 39 TO 52, ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A
DEVELOPMEr-.'T AGREEMENT, "AREAS A THROUGH E PROPERTY'~ - PARCEL 3 (PORTION TO BE DEVELOPED),
L YmG AND BEING IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA.
All OF ASSESSOR'S PARCEL NUMBERS: 985-0007-002-06, 985.0007-002-07, AND 985-0007-002-08;
AND A PORTION OF ASSESSOR'S PARCEL NUMBER: 985-0007-002-09.
END OF DESCRIPTION - PARCEL 3
.
PARCEL 4
BEING ALL OF TH1\T CERTAIN PARCEL OF LAND KNOWN AS: "DESIGNATED REMAINDER AREA NO.4" OF THAT
CERTAIN FINAL MAP ENTITLED: "TRACT 6925 ", AS RECORDED ON THE 16'11l DAY OF JULY, 1998 IN BOOK 241 OF
MAPS AT PAGES 39 TO 52, ALAMEDA COUN1Y RECORDS, FOR PURPOSES OF A DEVELOPMENT AGREEMENT,
"'AREAS A THROUGH E PROPERTY" - PARCEL 4 (pORTION TO BE DEVELOPED), LYING AND BEING IN THE CITY
OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA.
AND A PORTION OF ASSESSOR'S PARCEL NUMBERS: 98S-0006.Q07 AND 985..QOO6-008.
END OF DESCRIPTION - PARCEL 4
.
MACKAY & SUMPS
.
5142 FRANKUN DRIVE. SUfTE B PLEASANTON. CA 94S88-3355
f'2S) ~J/I
1':\lopII\l6034-20\pd-bndy.doc:
EXHIBIT # A-I"
PAGE20F3
!; ;J cf. 'I'i"
16034- 20
2/19/99
Eel.
PARCELS
eBEING ALL OF THAT CERTAIN PARCEL OF LAND CONVEYED TO: "CHANG SU-O UN, ET AL", AS RECORDED ON
THE 31ST DAY OF JULY. 1985 IN SERIES NO. 85-150494. ALAMEDA COUNfY RECORDS, FOR PURPOSES OF A
DEVELOPMENT AGREEMENT, "AREAS A THROUGH E PROPERTY" - PARCEL 5 (PORTION TO BE DEVELOPED).
LYING AND BEING IN THE CITY OF DUBLIN. COUNTY OF ALAMEDA, ST ATE OF CALIFORNIA.
ALL OF ASSESSOR'S PARCEL NUMBER; 985-ooo6-ool.
END OF DESCRIPTION -PARCELS
.
PARCEL 6
BEING ALL OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "LOT J" OF LOT LINE ADJUSTMENT "L-96-0r,
AS RECORDED ON THE IS1l{ DAY OF MAY, 1997 IN SERIES NO. 97-122371, ALAMEDA COUNTY RECORDS, FOR
PURPOSES OF A DEVELOPMENT AGREEMENT, "AREAS A THROUGH E PROPERTY" - PARCEL 6 (PORTION TO
BE DEVELOPED), LYING AND BEING IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA.
ALL OF ASSESSOR'S PARCEL NUMBERS; 985-0002-003-01.
END OF DESCRIPTION - PARCEL 6
.
PARCEL 7
BEING ALL OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN: "EXHIBIT 'A-2'" OF BOUNDARY ADJUSTMENT
"BA 91-25", AS RECORDED ON THE 1911{ DAY OF NOVEMBER, 1992 IN SERIES NO. 92-376221, ALAMEDA COUNTY
~CORDS. FOR PURPOSES OF A DEVELOPMENT AGREEMENT, "AREAS A THROUGH E PROPERTY" - PARCEL
~ (PORTION TO BE DEVELOPED), LYING AND BEING IN THE CITY OF DUBLIN. COUNTY OF ALAMEDA. STATE OF
CALIFORNIA.
ALL OF ASSESSOR'S PARCEL NUMBER: 985-0007-002-15.
END OF DESCRIPTION - PARCEL 7
.
PARCEL 8
BEil'lG AU. OF THAT CERTArn PARCEL OF LAND KNOWN AS: "PARCEL '0'" OF THAT CERTAIN FINAL MAP
ENTITI..ED: "TRACT 692S", AS RECORDED ON THE 16TIl DAY OF JULY, 1998 IN BOOK 241 OF MAPS AT PAGES 39
TO 52, ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A DEVEWPMENT AGREEMENT, "AREAS A
TIIROUGH E PROPERTY" - PARCEL 8 (pORTION TO BE DEVELOPED), L YrnG AND BEING IN THE CITY OF DUBLIN,
COUNTY OF ALAMEDA, STATE OF CALIFORNIA.
A PORTION OF ASSESSOR'S PARCEL NUMBERS: 985-0003-003-08.
END OF DESCRIPTION - PARCEL 8
.
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FRED C. ING , LI SED
PROFESSIONAL LAND SURVEYOR NO. 5859
(EXP. 1213112000)
eSTATE OF CALIFORNIA
MACKAY & SOMPS
5'42 FRANKl./N (}RIVE, SUITE 8 PLEASANTON. CA 94588-3355
(125) %25-06'"
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Development Agreement Exhibit "A-1" ~ page 3' of "3
" AREAS A THROUGH E
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Phase One
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Development Agreement Boundary
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EXHIBIT" A-2"
PAGE 1 OF2
?;9' ~ ~
16034-20
2/18/99
F.CI.
.
DESCRIPTrON OF "AREAS F THROUGH H PROPERTY" OF DEVELOPMENT AGREEMENT
PARCEL 1
.........
BEING ALL OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "RESULTANT PARCEL 1" OF LOT LINE
ADJUSTMENT "L-97-0S", AS RECORDED ON THE 61ll DAY OF JANUARY, 1998 IN SERIES NO. 98-003938,
ALAMEDA COUNTY RECORDS, AS SHOWN UPON THAT CERTAIN RECORD OF SURVEY NO. 1562 AS FILED ON
THE 4111 DAY SEPTEMBER, 1998, ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A DEVELOPMENT
AGREEMENT, "AREAS F THROUGH H PROPERTY" - PARCEL 1 (PORTION TO BE DEVELOPED), LYING AND BEING
IN THE CITY OF DUBLIN. COUNTY OF ALAMEDA, STATE OF CALIFORNIA.
PORTIONS OF ASSESSOR'S PARCEL NUMBERS: 985.0005-001 AND 985-0005-002.
END OF DESCRIPTION - PARCEL 1
.
PARCEL 2
BEING ALL OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "RESULTANT PARCEL 2" OF LOT LINE
lillmSTMENT "L-97.0S", AS RECORDED ON THE 61ll DAY OF JANUARY, 1998 IN SERIES NO. 98-003938,
ALAMEDA COUNTY RECORDS, AS SHOVVN UPON THAT CERTAIN RECORD OF SURVEY NO. 1562 AS F1l.ED ON
THE 4TH DAY SEPTEJ\1BER, 1998, ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A DEVELOPMENT
AGREEMENT, "AREAS F THROUGH H PROPERTY" - PARCEL 1 (PORTION TO BE DEVELOPED), LYING AND BEING
IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA. STATE OF CALIFORNIA.
.
PORTIONS OF ASSESSOR'S PARCEL NUMBERS: 985.0005-001 AND 985-0005-002.
END OF DESCRIPTION - PARCEL 2
.
rt::9
MACKAY & SUMPS
5142 FRANKUN DRIVE. SUITE 8 PI..EASAHTON. CA 94S88-33S5
(925) %2541690
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Dublin Ranc . '/e> ~
. '
Development Agreement Exhibit "A-2", Pa'ge 2 of 2
." AREAS F THROUGH H .
,~...
Area D
Phase One
(not included)
Area E
~
N
N.T.S.
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:,:ii"i":;ii;:I:,:I,~!.I1',!iiiiiiil:.iiii,.:ii'i,,I,',
Area A
Area B
Area C
.
.
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Development Agreement Boundary
.
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.
General Plan
-Eastern Extended Planning Area
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EASTERN
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Wallace Roberts & Todd
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EXHIBIT "0"
BACKBONEfNFRASTRUCTURE
DUBLIN RANeH (LANDS OF L1N), DUBLIN, CALIFORNIA
A.
The construction and/or acquisition of improvements for.
1. Dublin Boulevard from Tassajara Road to Fallon Road (four lanes).
2. Central Parkway from Tassajara Road to 3500 feet Easterly (two lanes).
3. Gleason Drive from Tassajara Road to realigned Fallon Road (two lanes).
4. New Fallon Road from Gleason Drive to the North end of existing Fallon Road -
approximately 1700 feet (two lanes).
5. Fallon Road from 1-580 to 400 feet North of Dublin Boulevard (Roadway widening
and reconstruction with new improvements on the Westerly side).
6. Fallon Road from 400 feet North of Dublin Boulevard to 3200 feet North of Dublin
Boulevard (Upgrade and overlay of existing pavement).
7. Connector street, 3500 Easterly of Tassajara Road from Central Parkway to Dublin
Boulevard (two lanes).
Including clearing, grubbing, grading, base, pavement, curbs, gutters, street monuments,
street lighting, joint trench facilities, storm drainage system, water, wastewater, recycled
water, together with appurtenances.
B.
The construction and/or acquisition of interim/ultimate storm drainage improvements
including pipes, box culvert and other structures, together with appurtenances in
accordance with an approved master storm drainage plan.
C. The acquisition of lands, easements and rights-of-way necessary to complete the
improvements described.
D. The advancement of Traffic Impact Fees to facilitate 1-580 interchange improvements at
Tassajara Road and at Fallon Road.
E. The advancement of water connection fees to D.S.R.S.D. to facilitate the construction of
a zone one potable water storage reservoir and/or the construction of a potable water
turnout from existing Zone 7 transmission facilities.
\\MSPL55\ADMIN\Corp. Forms\EXHIBlTS\Exhibi( O's\Bac:kbonc Infrastructure [DR_Lands of Un).doe
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DUBLIN RANCH
DEVELOPMENT ~G~EEMENT EXHIBIT 'E' .
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phase One
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JOB NO.l6034-2Q
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DUBLIN RANCH
DEVELOPMENT AGREEMENT EXHIBIT 'F'
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ORDINANCE NO.
fb "61i
AN ORDINANCE OF THE CITY OF DUBLIN
.
APPROVING'THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBLIN, AND THE LIN FAMILY
FOR THE DUBLIN RANCH PROJECT
"AREA A", "AREAS B - E, F, G, & H" - PA 96-038 (AREA A), PA 96-039 (AREA B-E),
P A 98-068 (AREA F), P A 98-069 (AREA G), & P A 98-070 (AREA H)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
RECITALS
A. The proposed Dublin Ranch Project PA 96-038 (Area A), PA 96-039 (Area B-E), PA 98-
068 (Area F), P A 98-069 (Area G), & P A 98-070 (Area H) 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 Residential, Commercial, Campus Office
and Open Space 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 91103064). Mitigated Negative Declarations
have been approved for the various entitlements of which this project is a part. Mitigated Negative
Declarations 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 Dublin Ranch Project. 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 11 thereof. require that all
projects within the Specific Plan area enter into development agreements with the City.
D. The Lin Family, Inc., has filed an application requesting approval ofa development
agreement for the Dublin Ranch Project.
E. A Development Agreement between the City of Dublin, and the Lin Family 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
Conunission on Apri113, 1999, for which public notice was given as provided by law.
G. The Planning Conunission 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 May 4, 1999, for which public notice was given as provided by law.
ATTACHMENT 2
.
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J. The City Council has considered the recommendation of the Planning Commission at the
May 4, 1999 meeting, including the Planning Commission's reasons for its recommendatio~ 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 Pla~ (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 PI~ 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
designations for the site are Residential, Commercial, Campus Office and Open Space uses (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 districts in which the real property is located in that the project approvals
include Planned Development Rezonings, adopted specifically for the Dublin Ranch Project.
. 3. The Development Agreement is in conformity with public convenience, general welfare and
good land use policies in that the Dublin Ranch Project will implement land use guidelines set forth in the
Specific Plan and the General Plan which have planned for Residential, Commercial, Campus Office and
Open Space uses at this location.
4. The Development Agreement will not be detrimental to the healtl~ 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. APPROVAL
The City Council hereby approves the Development Agreement (Attachment 1 to the Staff Report)
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.
ATTACHMENT 2
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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 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 18th day of May,
1999, by the following votes:
A YES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
.
K2/G/5-18-99/ord-dublinranch
G:P A 98-063 Ord DA
.
ATTACHMENT 2