HomeMy WebLinkAbout6.4 Tri-Vly SPCA DA
CITY CLERK
File # OI0l[Q[t1J-[hJ!t2J
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 7,1999.
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SUBJECT:.
PUBLIC HEARING
PA 99-004, Tri-Valley SPCA, Development Agreement
(Report Prepared by: Anne Kinney, Assistant Planner)
ATTACHMENTS:
1. Ordinance Adopting Development Agreement for SPCA
2. Development Agreement for SPCA .
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1.' Open Public Hearing
2. Receive staff presentation and public testimony
3. Que~tion staff and public
4. Close pllblic hearing and deliberate
5. Waive Readingand introduce Ordinance _ -99 (Attachment 1)
approving the Development Agreement
6. Schedule the second reading of the Ordinance for the December
21, 1999 City Council meeting
RECOMMENDATION:
FINANCIAL STATEMENT: None
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";';"'::--" DESCRIPTION:
An Ordinance approving a DevelopIIlent Agreement between the City of Dublin and the Oakland SPCA
for the proposed Tri- Valley SPCA project.
The Oakland SPCA has requested approval for a new animal adoption and education facility to be located
on the north-west comer of Bamet Boulevard and Gleason Drive. The facility would provide a low cost
spay/neuter clinic,-education, animal training and placement services.
A Development Agreement forills project is required by the Eastern Dubliii Specific Plmi" Items'-
included in the l)evelopment Agree!Ilent include, but are not limited to, the financing and ti~g of
infrastructure; payment of traffic, fire and public facilities impact fees; and general provisions.
BA,CKGROTJm): .' _ .._ . .... ... ..
--- ~. -- Ori Novemoer 23', 1999~the-Plani1ing Comiriissioiiapprov~ira CoflOitional UsePeftnit and Site-- --
- :- - ---Development Review subj ect -to-conditions; to allow the ~onsti1iction and operation of ii 22, 400 square..-. - - .--::-::' ..
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COPIES TO:
Oakland SPCA
George Miers & Associates
Alameda CO?I1~ Surplus Pro~ert:y Authority
PAFile .. . L.. d
ITEMNO.~
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g/pa\99004\ccsrdadoc
Tlte Agreement:
The City Attorney drafted the proposed Development Agreement with input from City staff and the
Oakland SPCA. The Development Agreement sets forth the agreements between the parties in relation to
many items, including, but not limited to, the financing and timing of infrastructure, and the payment of
variousreqpired impact fees.
The DevelopmentAgreement becomes effective for a term of five years from the date it is recorded. The
Development Agreement runs with the land and the rights thereunder can be assigned. The main points of
the Development Agreement can be found in Exhibit B of Attachment 4 of the Development Agreement
which require the Developer to pay traffic, fIre and public facilities impact fees. The Developer is also
reqUired to make certain off-site improvements that are required as a result of the project.
RECOMMENDATION:
Staff recommends that the City Council conduct a public meeting, deliberate, and waive the first reading, ~.....Jj...,'...~....
introduce the Ordinance adopting a Development Agreement for the SPCA project and schedule the
second reading .of the Ordinance for the .December 21, 1999 City Council meeting.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN, and
THE OAKLAND SPCA
FOR THE TRI-VALLEY SPCA PROJECT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
RECITALS
A. The proposed Tri-Valley SPCA Project (PA 99-004) 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 Public/Semi-Public 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). A Negative Declaration has been
prepared for the project because the project will not have environmental effects which were not examined
in the Program EIR. No new effects will occur and therefore no revisions to the Program EIR are
required. That Negative Declaration together with the Program EIR adequately describes the total project
for the purposes of CEQA~
~. 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 Oakland SPCA. have filed an application requesting approval of a development
agreement for, the Tri-Valley SPCA project. _n___
E. A Development Agreement between the City of Dublin and the Oakland SPCA has been
presented to the City Council, a copy of which is attached to the Staff Report as Attachment 2.
F..- -"A public hearing on the proposed Development Agreement was held before the Planning
Commission on Novemb~r 23, 1999, for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
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. __ :- _.H~ _. _ A public. bearing on the proposed Development Agreement was held before the City
Council on December 7, 1999, for which public notice was given as provided by law.
J. The City Council has considered the recommendation of the Planning Commission at the
December 7, 1999 meeting, including the Planning Commission's reasons for its recommendation, the
Agenda Statement, all comments received in writing and all testimony received at the public hearing.
ATTACHMENT 1
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Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the
EIR, (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City
Council finds and determines that:
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1. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, and the Eastern Dublin Specific Plan in
that (a) the General Plan and Eastern Dublin Specific Plan land use designation for the site is Public/Semi..,
Public and that the Tri-Valley SPCA project is consistent with that land use, (b) the project is consistent
with the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure
and public services, and (c) the Agreement sets forth the rules the Developer and City will be governed by
during the development process which is required by the Eastern Dublin Specific Plan; and the Mitigation
Monitoring Program of the Eastern Dublin Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located in that the project approvals
include a Conditional Use Permit.
3. The Development Agreement is in conformity with public convenience, general welfare
and good land use policies in that the Tri-Valley SPCA Project will implement land use guidelines set
forth in the Eastern Dublin Specific Plan and the General Plan which have planned for public/semi-public
uses at this location.
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4. The Development Agreement will not be detrimental to the health, safety and general
__ welfare in that the project will proceed in accordance. with all the Agreement and any Conditions of
Approval for the Project.
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 City of Dublin General
Plan and Eastern Dublin Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Attachment 2 to the Staff Report)
. and authorizes th~ 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.
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Section 5:. EFFECTIVE DATE AND POSTING OF ORDINANCE
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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 21st day of
December 1999, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
G:P A99004\daord
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CirY of Dublin
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When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this line for Recorder's Use
DEVELOPMENT" AGREEMENT
BE1WEEN mE
CITY OF DUBLIN
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. .AND
OAKLAND SOCIETY ;PO~ THE PREVENTION
OF CRUELTY TO ANIMALS. OF ALAMEDA COUNTY
FOR THE SPCA PROJECT
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TABLE OF "CONTENTS
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1. Description of Prope~. ... _ _ . . . . . . _ . . . . . . . . . . . . . . . . . . . . .. 2
2. Interest of Devdo~r. "; ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
3. Relationship of City. and, Developer. . . . . . . . . . . . . . . . . . . . . . . . . .. 3
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4. Effective Date and Tenn. ........ . . . . . . . . . . . . . . . . . . . . . . . . .' 3
4.1 Effective Date. :.... . . . . . _ . . . . . _ . . . . . . . . . . . . . . . . . . . .. 3
4.2 Term.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ - . . . .. 3
5. Use of the Property. ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
5.1 Right to Develop ..;................................. 3
5.2 Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
5.3 Additional Conditions ... . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
6. Applicable Rules. ~ations and Official Policies .............. 5
6.1 Rules re Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
6.2 Rules re Design and Construction. . . . . . .. . . . . . . . . . . . . . " 5
6.3 Unifoml Codes Applicable. . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
7.
Subsequently Enacted Rules :and Regulations ............ - , . . . .. 5
- 7. r ' New RUles--and Regulations .............,. _ - . . . . - - .. .. 5
7~2 Approval of Application. . . . . . . . . . . . . . . ... . . . . . . . . . . . .. 6
?~3 _ __ Morat.orium Not Applicable. . , . . . . . . .. . . . . . . . . . . . . . . .. 6
8. Subsequently Enacted or Revised Fees. Assessments and Taxes. . . .' 6
8. I Fees. Exactions. Dedications ................,......... 6
8,2 Revised Application Fees ...... _ _ . . . . . . . . . . . . . . . . . . . .. 6
8.3 New Taxes .;.-~'.. -;: . . . . . . . . ;". . , . . . .-. . . . .'~ . . '-', . . . . . - - - 6
8.4 Assessments. . . . . . . . . . . . . . . . . . . . . . . . ',' . . . . . . . . . . . ., 7
__.,:_, - ::"~: ;"-_'~ :_~--c~': 8~5_.:.:-: Vote on Future Assessments and Fees- . .l-..-~: ~-'. /. ~. . . . . . .. 7
- . ~-=~_.r.,," ~-_:":-::::" .~_.. - - - -~ ~----. -: ":."...~. . - .'_ ~-: - ~'n "__" _ . -__ _ .:- __~::..- -.- - _ ,,--',-u _ - __ ._~._ ___." 0 _ _. . _: ,~ 0.-. -
9. Amendment. or Cancellation. .: . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
9.1 Modific-..ation Because of Conflict with State or Federal Laws . 7
9.2 Amendment by Mu~ Consent .. _ _ . . . . . . - . . . . . . . . . . .. 7
9.3 Insubstantial Amendments ........................... 7
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Dublin/Alameda. Development Agreement
for the SPCA ProjeC!-
Table of Contents. Page i of iii
November 15;1999
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9.4
9.5
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Amendment of Project Approvals . . . . . . . . . . . . . . . . . . . . . .. b """"'"
Cancellation by Mutlial Consent . . . . . . . . . . . . . . . . . . . . . .. 8
10. Term of Project Approvals ................................. 8
11. Annual Review . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . .. '8'
11.1 Review Date .'. : . ... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. 8
11.2 Initiation of Review . . . . . . . . . . . . . . . . . . . . . . . + . . . . . + . .. 8
11.3 Staff Reports ...................................... 9
11.4 Costs ............................................ 9
12. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . .. 9
12.1 Other Remedies Available ............................ 9
12.2 Notice and Cure. .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
12.3 No Damages Against CITY ........................... 9
13. Estoppel Certificate ................ _ . . . . . . . . . . . . . . . . . . . .. 9
14. Mortgagee Protection: CertaIn Rights of Cure ............... -' 10
14.1 Mortgagee Pro~ectibn . . . . . . . . . . . . . . . . . . . . . . + . . . . . . .. 10
14.2 Mortgagee Not Ob1i~ted ..............;........... + 10 ...,
14.3 Notice ofDef~uIt to Mortgagee and Extension of Right to CuraO
SeveraQilitv . . _ . . . . _ _ .. . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . + -. 11
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16. Attorn~' Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
17. Transfers and Assignmerits . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . .. 11
17.1 Right to Assign........... . . .. .. ... ........ . . .. . .... 11.
17.2 Release Upon Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12.
17.3 Developer's Right to Retain Specified Rights or Obligations . 12
17.4. Permitted Transferf Purchase or Alisignment ...-... _ _ . . . .. 12
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__= -:=, ::~ - _~'._ _~:_~ ~_$.. _."1\oree~:nt Runs with th~Larid :: . -. '~.' ". . . ::. ;.;-~.-~.-. . . ..:. . .~. 12-
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1 9. Ba~ptcy- .. _~ . .... 10 . .. . . . . ~ . if . . . . .. . .. .. " .. . . ,. . . " . ,. ,. . . ,. - . . . . . .
20. Indemnification. . . ... . . . . . . . . . ~ . . _ . . . . . . _ _ . . . . . . . . . . . . .. 13
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Dublin/Alameda Development Agreement
fur the SPct\ Project, '
Table of Contents - Page ii of Hi
November 15.1999
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21. InS11raIlce. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
21.1 Public Liability and Property Damage Insurance. . . . . . . . .. 13
21_2 Workers Compensation Insurance. . . . . . . . . . . . . . . . . . . .. 14
2 I .3 Evidence of Insuran!:c: .............................. 14
22. Sewer and Water ........................................ 14
23. N oti ces . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
24. Agreement is Entire Und~ding ......................... 15
25. Exllibits. . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
26. Counteq>arts... ."............................. ~........ 15
27. Recordation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
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Dublin/Alameda Development Agreement
for the SPCA Project.
Table of Contents - Page ill of ill
Novemb--....r 15. 1999
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. TI-IIS 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 "CityJl), and OAKLAND SOCIETY FOR THE
, PREVENTION OF CRUELTY TO.ANllv1ALS OF ALAMEDA COUNTY, a
California public benefit corporation ,(hereafter "DeveIoperlf), pursuant to the
authority of ss65864 et seq. of the Califoinia Government Code and Dublin
Municipal Code, Chapter 8.56. .
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, RECITALS
A California Government Co~e si65864 et seq. and Chapter 8.56 of the
Dublin Municipal Code (hereafter "Otapter S.S-6") 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 'East.ern Dtlblin Specific Pian by
Resolution No. 53-93 which Plan is applicable to the Property; and
c. The Eastem Dublin Specific Plan requires DEVELOPER to enter into ~
development agreement; and
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D. DEVELOPER desires to' develOp and holds legal interest in certain real
property consisting of approximately 2.~7acres of land, Ioc.!l~e4 in the City of ,-
., Dublin, County'of Alameda, State of Californi.3., which is more particularly described
in Exhibit A attached hereto and incorporated herein by this reference, and which
real property is hereafter called the lIProperty"; and
E. DEVEWPER proposes the development of the Property with an
approximate 22.400 square foot facility for the treatment of animals (the "Project");
and
F. DEVELOPER has, applied for, and CITY has apP!,?ved or is processing,
_ :_:.-yati_~us, la:r:!d.~s~ ,apprQ~s, irt connection with the development of theProject~ -
- ..,.~, including a Con~tionaI Use Permit and Site .Deve1opruci1t RevieW (Planning
Commission Resolution No. ) (collectively, together vvith any approvals or
pennits now or hereafter issued with respect to the Proje~, the "Project Approvalsn);
and ..
Dublin/Alameda. Development Agreement.
for the SPCA Project
Page 1 of 16
Novernb'-...r 15, 1999
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'G. Development of the Property by DEVELOPER may be subject to
certain future discretionary approvals, which, if granted, shall automatically become
part of t.he Project Approvals as each such approval becomes effective; and
H. CITY desires the timely, effici.en~, orderly and proper development of
said Project; and
1. The City Council has found ,that, among other things, this Development
Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan
and has been reviewed and evaluated in accor~ance with Chapter 8.56; and
]. CITY and DEVELOPER have r~ched agreement and desire to express
herein a Development Agreement that will facilitate deVelopment of the Project
subject to conditions set forth herein; 'and
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K. Pursuant to the California EilVironmentaI Quality Act (CEQ/l.) the
Planning Commission adopted Resolution No: , finding that the Project is
within the scope of the Final Enviromnental.Impact Report for the Eastern Dublin
General PIan Amendment and Specific ~an (SCH 91103064) which was certified by
the Council by Resolution No. 51-93 and t1i~ Addenda dated May 4, 1993 and
Augu~'t 22, 1994 (the "E~') and the Mitigated Negative Declaration for the Eastern
Dublin Specific Plan Amendment and. Geneia1 Plan Amendment (8CH 96092092)
and adopted a Negative Declaration for the Proje~ and
. L. On-~, 1999, the City .Council of the City of Dublin adopted
Ordinance No. _-99 approving this Development Agreement. The ordinance took
effect on _, 1999.
NOW, THEREFORE, vvith reference to the foregoing recitals and in
consideration of the mutual promises, o~liga.tions and covenants herein contained,
CITY and DEVELOPER agree as followS:
AGREEMENT
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1: :: -Description ofProperty._, . .
The Property which is the subject of this Development Agreement is
described in Exhibit A attached hereto (''Pro~t1).
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Dublin/Alameda Development Agreement
for the SPCA Project: '
Page 2 of 16
November-15. 1999
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Interest of Developer.
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The DEVELOPER has a legal or equitable interest in the Property
Alameda County, in that it has a 99-YeaI: ~eaSe of the Property from the Surplus
Property Authority, the Owner of the fee
3. Relationship of City and Developer.
It is understood that this .Agreement is a contract that has been
negotiated and voluntarily entered into by <;ITY and DEVELOPER and that the
DEVELOPER is not an agent of CITY. Th<::'CI1Y and DEVELOPER hereby
renounce the existence of any form of joint venture or partnership between them. and
agree that nothing contained herein or ip. any document executed in connection
herewith shall be constrUed as making the CITY and DEVELOPER joint venturers or
partners.
4. Effective Date and Term.
4.1 Effective Date. . The effective date of this Agreement shall
be the date upon which this Agreement is signed by City.
4.2 Tenn. The term of this Development Agreement shall
commence on the effective date ~d eXten4 fi~ (5) years thereafter, unless said term
. is othenvise terminated or modified by cir~ces ~~tforth in tlfts Agreemc.nt.
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5. Use of the Property.
5.1 Right. to Develop. Developer shall have the vested right to
develop the Project on the Property in accordance with the terms and conditions of
-this Agreement, the Project Approvals (as and when issued), and any amendments to
any of them as shall, from time to time, be approved pursuant to this Agreement.
5'.2 Permitted Uses~ The ,permitted uses of the Property, the
. " density ~ci intensity of use; t~e maxim~ height, bulk and size of proposed- . - --.._
- - .'~.~:.-' 'birl!dings~ -proviSions- for reservation or dedication of land foipublic purposes -and
.- - -- location and maintenance of on-site and off-site improvements. location of public
utilities (operated by CITY) and other terms and conditions of development
applicable to the Property, shall be th~se set forth in this Agreement. the Project
Approvals and any amendments to this Agre~ment or the Project Approvals.
Dublin/Alameda Development Agreement
for the SPCA Project
Page:3 of 16
November 15. 1999
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5.3 Additional Conditions. Provisions for the following
('~dditionaI Conditionslf) are set forth in Exhibit B attached hereto and incorporated
herein by reference.
5.3.1 SubseqUent Discretionary ApprovalS.
Conditions, terms, restrictions, and requirements for subsequent
discretionaIy actions. (These conditions do not affect Developer's
responsibility to obtain all other land use approvals required by the
ordinances of the C~tr of Dublin.)
Not .Applicable
5.3.2 Mitigation Conditions. Additional or modified
conditions agreed upon .by the parties in order to eliminate or
mitigate adverse enVfronmenuI impacts of the Project or otherwise
relating to development of the Project.
See Exhibit B
5.3.3 Phasing. Timing. Provisions that the Project be
constructed in spe~ed .phases. that construction shall commence
within a specified time, and that the Project or any phase thereof be
completed within a specified time.
See Exhibit B
._ 5.3.4 Financing Plan. Financial plans which identify
. necessary capital improvements such as streets and utilities and
sources of funding.
See Exhibit B
5.3.5 Fees. Dedications. Terms relating to payment of
fees or dedication of property.
S~ Exhibit B
5.3.6 Reimbuisement. Terms relating to subsequent
reimbursemeni ove! ~e for financing of necessary public facilities.
. Not Applicable
5.3.7 Miscellaneous. Miscellaneous terms.
Not~plicable
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Dublin/Alameda Development Agreement
for the SPCA Project._
Page 4 ofl6
November 15, 1999
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6.
Applicable Rules. Regttlations and Official Policies.
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6.1 Rules re Permitted Uses. For the term of this Agreement,
the Citis ordinances, resolutions, rules, regulations and official policies governing the
pennitted uses of the Property, governing,.density and intensity of use of the Property
and the maximum height, bulk and size of proposed buildings shall be those in force
and effect on the effective date of this Agreement.
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6.2 Rules re Desi~ and Construction. Unless otherwise
expressly provided in Paragraph .5 of this Agreement, the ordinances, resolutions,
roles, regulations and official policies gov~g design, improvement and
construction standards and specifications appllcable to the Project shall be those In
force and effect at the time of t.he app~cable discretionary Project Approval.
Ordinances, resolutions, rules, regulations and offidal polities
governing design. improvement and constiuction standards and specifications
applicable to public improvements to ~ con:structed by Developer shall be those in
force and effect at the time of the applica~le pennit approval.
6.3 Uniform Codes Applicabl~. Unless eA-pressly provided in
Paragraph 5 of tlrls ~1J"eement, the Project sJuill be constructed in accordance with
the provisions of the Uniform Building,.MCchanica1, Plumbing, Electrical and Fire
Codes and Title 24 of the California Code of Regulations, rdating to Building
Standards, in effect at the time of appro\73l of th~ appropriate building. grading. or
. other- conStitiction perinits for the Project.
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7. Subsequently Enacted Ru1es and Regulations.
7.1. New Rules'3?d Regulations. During the term of this
Agreemen~ the City may apply new or x:n9dified ordinances, resolutions, rules7
regulations and official policies of the Oty to the Property which were not in force
and effect on the effective date of this Agreement and which are not in conflict with
those applicable to the Property as set forth in this Agreement if: (a) the application
ofsuc:h new or modified_ ordinances7 reso1up:oris, rules. feguI':itions or official policies_
would not pr~~rit, imp6~e ;;i' substantial ffua:i:l~ burdex~ gI\, or materially delay
development of the PIO~ as contemPlated, by this Agreement and the Project
Approvals and (b) if such ordinances, resolutions. rules. regulations or official policies
have general applicability.
Dublin/Alameda Development Agreement
for the SPCA Project
Page 5 of 16
November 15, 1999.
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7.2 Approval of Application. Nothing in. this Agreement shall
prevent the CI1Y from denying or conditionally approving any subsequent land use
permit or authorization for the Project on the basis of such new or modified
ordinances, resolutions, rules, regulations and policies except that such subsequent
actions shall be subject to any conditions, terms, restrictions, and requirements
expressly set forth herein.
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7.3 Moratorium 'Not Applicable. Notwithstanding anything to
th~ contrary contained herein, in the event an ordinance, resolution or other measure
is enactedp whether by action of CITY, by initiative, referendum, or otherwise, that
imposes a building moratorium which affects the Project on all or any part of the
Property, CITY agrees that such ordinance, resolution or other measure shall not
apply to the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or state
of emergency as defined in Govenunent Code ~ 8558.
8. Subsequently Enacted or Revised Fees. A~sessments and Taxes.
8.1 Fees; Exactions. Dedications. CI1Y and DEVELOPER
agree that the fees payable and exactions required in coxmection with the
development of the Project for purposeS of mitigating envirornnental and other
impacts of the Project, providing infrastructure for the Project and complying with
the Specific Plan shall be those set forth in the Project Approvals and in this
Agreement (including Exhibil..H). The CITY shall not impose or require payment of
. any other fees, dedications of land, or CC?nsttuction of any public improvement or
facilities, shall not increase or accelerate existing fees, dedications of land or .
constIUction of public improvements, in co~eCtion with any subsequent
discretionary approval for the Property, except as set forth in the Project Approvals
and this Agreement (including Exhibit' B).
8.2 Revised Application Fees. Any existing application.
- processing and inspection fees that are revi~ed during the term of this Agreement
shall apply to the Project provided that(l) suCh fees have general applicability; (2)
~ the application of such fees to the Property is' prospective; and (3) the application of ,
. such fees wOUld not prevent developme~t in accordance with this Agreement.
, 8.3 New Taxe.~. Any ~bsequently ena.cted city-wide taxes
shall apply to the Project provided that: (1) the application of such taxes to.the
Property is prospective; and (2) the application of such taxes would not pre.vent
Dublin/Alameda Development Agreement
for the SPCA Proje~.
Page 6 of 16
Nov~ber 15. 1999
If cr!-vl?T T
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development in acco;rdance with this Agreement.
'...."I
8.4 Assessments. .Nothing herein shall be construed to relieve
the Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastrUcture and/or services
which. benefit the Pr~perty.
8.5 Vote on Future Assessments and Fees. In the event that
any assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution and DEVELOPER does not return its ballot, DEVELOPER
agrees, on behalf of itself and its succeSsors, that CITI may count DEVELOPERTS
ballot as af.firmatively voting in favor of such assessment, fee or charge.
9. Amendment or Can~llation.
9.1 Modification Because of Conflict with State or Federal
Laws. In the event that state or federal Ia~ or regulations enacted after the effective
date of this Agreement prevent or pre~ude 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 st:ate law or regulation. Any such :~
amendment or suspension of the Agreement shall be a.pproved by the City Council in
accordance with Chapter 8.56. ".
9:2" -u-'Amendment by Mutu.aI 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 ~d Chapter 8.56.
_, ' . _ou 9.3 Insubstantial Amendments.' Notwithstanding the
provisions of the preceding paragraph 9.2, any amendments to this Agreement which
do not relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the
permitted uses of the Property as provided in paragraph 5.2; (c) provisions for
I'lsignificant" reservation or dedication ofIand as 'provided in J?dtibit B; (d),<:onditions,
- , ,--:- terms, restrictio~orrequire~ents for subseq~ent discretioriiriactlons;(etthe .
density or intensity of use of the Project; (f) ~e Iriaximum height or size of proposed
buildings; or (g) monetary contributiori;s by D;EVELOPER as provided in this
Agreement. shallriot, 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. . trrY's Public Works Director shall
,~
DublinlAlaIDed3. Development Agreement
.- for the SPCA Project. . -
Page 7 ofl6
November 15. 1999
/5 c9;/ cJ-l
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det.eimine whether a reservation or dedication is "significant".
9.4 Amendment or-Project Approvals. Any amendment of
Project Approvals relating t.o: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or requirements
for subsequent discretionary actions; (d) ~e density or intensity of use of the Project;
(e) the maximum height or size of proposed buildings; (f) monetary contributions by
the DEVELOPER; or (g) public improvements to be constructed by DEVELOPER
, shall require .an amendment of this Agreement. Such amendment shall be limited to
those provisions of this Agreement which ~ lmplicated by the amendment of the
Project Approval. Any other amendment of ~~. Project Approvals, or any of them,
shall not require amendment of this Agreement unless the amendment of the Project.
Approval ( s) relates specifically to some provision of this Agreement.
9.5 Cancellation by Mutual Consent. Except as otherwise
penrJtted herein, this Agreement may b~ 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. pursuant to Paragraph 5.3 and Exhibit B
of this Agreement prior to the date of ~ceIIation shall be retained by CITY.
10. Term ofProject.App~s~ .
Pursuant to California Government Code Section 66452.6(a)~ the
term of the Site Development Review',and' Conditional U~~P~t in Recital F above
shall automatically be extended for the terin of dUs Agreement. The term of ~y
other Project Approval shall be extended only if so provided in Exhibit B.
11. Annual Review.
11.1 Review Date. . Th~ annual review date for this Agreement
shall be August 15,2000 and each Au~ 15. thereafter.
11.2 Initiation of Review. The CITY's Commrmity
DevelQpment Director shall initi~te lJle_annual ~view, as required under' .
Section 8.56.140 of Chapter 8.56, by giving to; DEVELOPER thirty (30) days'
written notice that the CITY intends to. ~de~ such review. DEVELOPER shall
provide evidence to the Communit.y Development Director prior to the hearing on
the annual review, as and when reasonably determined necessary by the Community
D~elopment Director, to demonstrate good faim compliance with the provisions of
Dublin/Alameda Development Agreement
for the SPCA Project. .
Page 8 of 16
NovenW-J 15. 1999
Ib 1f~9 '
the D~elopment Agreement. The burden of proof by substantial evidence of
compliance is upon the DEVELOPER..
..."
~. ,.----....
...."
11.3 Staff Repo~. To the ext.ent practical7 CITY shall deposit
in the mail and fax to DEVELOPER a. copy of all staff reports, and related exhibits
concerning contract performance at least five (5) days prior to any annual review.
11.4 ,Costs. Costs reaso;nably inCtllTed by CITI in connection
with the annual review shall be paid by DEVELOPER in accordance with the City's
schedule of fees in effect at the time of review.
12. . Default.
12.1 Other Remedies Available. Upon the occurrence of an
event of default, the ,parties may pUThue aU other remedies at law or in equity which
are not otherwise provided for in this Agreement or in City's regulations governing
development agreements, expressly including the remedy of specific performance of
this Agreement. " "
12.2 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 under this
Agreement; provided, however, that if the default cannot be cured within such thirty
(30) day period, the nondefaulting party shall refrain from any such legal or equitable
action so long as the defaulting party begins to cure such default within such t.hirt:y
(30) day period and diligently pursues such cure to completion. Failure to give notice
shall not constitute a waiver of any defaUlt.
" .-
12.3 No Damages Against CITY. In no event shall damages be
a~~ded against CITY upon an event of default or upon termination of this
AgreelJlent. _
13: ~Estoppel Certificate.
Either party may, .at any time, and from time to time, request
written notice from the other party reque;sting such party to certif}. in writing that,
(a) this Agreement is in full force and effect. and a binding obligation of the parties.
-.."I'
Dublin/Alameda Development Agreement
for the SPCA. Project. .
Page 9 of 16
November 15,1999
;~
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(b) this Agreement has not been amended or modified either orally or in writing, or if
so amended, identifying the amendmentS, and (c) to the knowledge of the certifying
party the requesting party is not in default in the performance of iLS obligations
under this Agreement, or if in default, to describe therein the nature and amount of
any such defaults. A party receiving aTequest 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 cenificate requested by DEVELOPER Should the party
receiving the request not execute and z:etUrn suctl certificate within the applicable
period. this shall not be deemed to be a defa\Ut, provided that such party shall be
deemed to have certified that the statements in clauses (a) through (c) of this section
are true, and any party may rely on such deemed certification.
-'.
14. Mortgagee Protection: ~ Rights of Cure.
14.1 Mortgagee Protection. This Agreement shall be superior
and senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the'lien for any deed of trust or mortgage
("MortgagetJ). Notwithstanding the forego~g, no breach hereof shall defeat, render
invalid, diminish or impair the lien of ai1y Mo~gage 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 perso!,! 'or entiry-, including any deed of trust
beneficiroy or mortgagee ("rv1ortgageeU) who acquires title to the Property, or any
._ portion thereof, by foreclosure, tnIsteefs sale. ,deed in lieu of foreclosure. or othe1Wise.
14.2 Mortgagee Not Obligated. Notwithstanding the provisions
of Section 14.1 above, no Mongagee shall haVe any obligation or duty under this
Agreement. before or after foreclosure or a deed in lieu of foreclosure. to construct or
complete the construction of improv~tst or to guarantee such construction of ,
improvements. or to guarantee such constni.ction or completion. or to pay, perform or .
provide any fee, dedication. improvements or other exaction or imposition; provided.
however, that a. Mortgagee shall not be enti~ed to devote the Property to any uses or
. to ~ons~~ ~y jrnp!'ovemeI1ts #te;reon. <jther. than those 'Uses ,or improvements
- ,-, '~pr?vided for or a.uthorized by- the Project.App~o:vals or by this Agreeme~t. . . -.
, 14.3 Notice of :rkfault to Mortgagee and Ei'tension of Right to
~. IT CITY receives notice from a Mortgagee requesting a copy of any notice of
default given DEVELOPER hereunder ~d specifying the a.ddress for service thereof,
then CITY shall deliver to such Mortgagee. eoncurrently'With service thereon to
Dublin/Alameda Development Agreement
for the SPCA Proje?t -
Page 10 of 16
November 15, 1999
If.&/~1',
-,
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 dtuing 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 CfI'Y's
notice. CITY, . through its City Manager, may extend the thirty-day cure period
provided in paragraph 12.2 for not more than an additional sixty (60) gays upon
request of DEVELOPER or a Mortgagee.
IS. Severability.
The unenforceability, invalidity or illegality of any provisions,
covenant, condition ()r tenn of this Agreement. shall not render the other provisions
unenforceable, invalid or illegal.
16. Attorneys' Fees and Costs.
If CIlY or DEVELOPER iiUtiates 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 att~Irieys' 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 ~r in equity to challenge the validity of
any provision of this Agreemenl or th~ Project Approvals, the parties shall cooperate
in defending such action. DEVELOPER shall bear its own co~..ts of defense_as a real
_ p.~ _~Jnterest in any such action; and shall reimburse CITY for" an reasonable court
costs and attorneys' fees expended hy CITY -41 defense of any such action or other
proceeding.
17. Transfe~ and Assignments.
17.1 Right to AssigJ1. 'It is anticipated that DEVELOPER may
sell the Property to another developer. !\1l of DEVELOPER'S rights, interests and"
obligations hereunder may be transferred, sold or assigned in conjunction with ~e
transfer, sale, or ~~ignment of all of the Property subject hereto at.any time during _
... ....the terni o(this ,(weement, provided that no transfer, sale' or assignment of .
DEvELOPE~s rights, interests- and obligati.o~ hereunder shall occuiwithout the
pI;ior written notice to CI1Y and approval by the City Manager, which approval shall
not be unreasonably withheld or delayed. The City Manager shall consider and
decide the matter within 10 days after DEVELOPER1s notice, provided all necessary
documents, certifications and other iIiform~pon are provided to the City Manager. .
DuhlinlAlameda Development Agreement
for the SPCA Project,
Page 11 ofl6
November 15. 1999
,.
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.......,
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17.2 Release Upon Transfer. Upon the transfer, sale. or
assignment of all of DEVELOPER's rights. ~terestS and obligations hereunder
pursuant to subparagraph 17.1 of this Agreement. DEVELOPER shall be released
from the obligations under this Agreeme;nt. ~th respect to the Property transferred.
sold. or assigned, arising subsequent to the date of City Manager approval of such
transfer. sale, or assignment; provided, however, that if any transferee, purchaser. or
assignee approved by the City Manager expressly assumes all of the rights, interests
and obligations of DEVELOPER under this Agreement, DEVELOPER shall be
released with respect to .all such rights; in~restS and assumed obligations. In any
event. the transferee, purchaser. or assignee shall be subject to all the provisions
hereof and shall provide all necessary doet:Ul\ents. certifications and other necessary
information prior to City Manager approval.
17.3 Developers Right.to Retain Specified Rights or
Obligations. Notwithstanding subparagraphs 17.1 and 17.2 and paragraph 18,
DEVELOPER ma.y withhold from a sale, transfer or assignment of this Abrreement
certain rights. interests and/or obligations which DEVELOPER shall retain. provided
that DEVELOPER specifies such rights.JnterestS and/or obligations in a. written
document to be appended to this Agreement and recorded with the Alameda County
Recorder prior to the sale, transfer or a:ssignm~t of the Property. DEVELOPER:s
purchaser, transferee or assignee shall then have no interest or obligations for such
, .
rights, interests and ob.ligations and ~s Agreement shall remain applicable to
DEVELOPER with respect to such retained rights, interests and/or obligations.
.' ,
17.4 Permitted Transfer. Purchase or Al)~ignment. The sale or
other tranSfer of any interest in the ProIY"J:'tY to a purchaser ("Purchaser") pursuant to
the exercise of any right or renledy under a deed of trust encumbering
DEVELOPER'S interest in the Propeny shall not require City Manager approval
pursuant to the provision of paragraph 17.1.- Any subsequent trcUlsfer, sale or
assignment by the Purchaser to a subseque~t transferee, purchaser, or assignee shall
be subject to the provisions of paragraph 17.1.
18. , ..\,areement Runs with th~ Uil!d.
All'ofule provisions, rights, terms, covenants, and obligations
contained in this Agreement shall be binding upon the parties and their respective
heirs, successors and assignees. representatives, iessees, and all other persons
acquiring the Property, or any portion t:;hereof, <?r any interest therein. whether by
operation of law or in any maImer wha~oever. All of the provisions o,f this
Dublin/Alameda Development Agreement
for the SPCA Project _ .
Page 12 of 16
November 15, 1999
'7 () t.9/i4 dJ /'
pi... (.) ,
~,
Agreement shall be enforceable as equitable servitude and shall constitute covenants
running with the land pursuant LO applicable laws, including, but not limited to,
Section 1468 of the Civil Code of the State of California. Each coveIWlt to do, or
refrain from doing. some act on the Property hereunder, or with respect to any ovvned
property, (a) is for the benefit of such properties and is a burden upon such
. properties" (b) runs with such properties, and (c) is bindin~ upon each party and each
s:uccessive owner during its ownership qf su;ch properties or any portion thereof, and
shall be a benefit to and a burden upon. ~ch party and its property hereunder and
each other person succeeding to an int~rest in such propenies.
.... -,-..."
"'
..
~
19 . Bankruptcy.
The obligations of this Agreement shall not be dischargeable in
banlauptcy.
20. Indemnification.
DEVELOPER agrees to indemnify, defend Mid hold harmless CITY,
and its elected and appointed councils, hoards, commissions. officers. agents.
employees, and representatives from any and all claims, costs (including legal fees and
costs) and liability for any personal injuzy or property damage which may arise ......"
directly or indirectly as a result of any,actions ox: inactions by the DEVELOPER, or
any actions or inactions of DEVELOPER's contractors, subcontractors, agents, or
employees in connection wi~~. ~e ~~~tructig~" ~provement, operation; or
maintenance -6fthe 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 improyement after the time it has been
dedicated to and accepted by the CI1Y or another public entity (except as provided
in an improvement agreement or mainten3;Ilce'bond).
21. Insurance.
'.' ,-- - '. ~ -21.1. ..::;: Public Liabilityimd Pr6periy Damage Insurance. During
the term of this Agreement, DEVELOPER. -shan maintain in effect a policy of
comprehensive generalliab~lity insuran~ With a per-occurrence combined single limit
of not less than one lnillion dollars ($l~OOO,doo.oO) and a deductible of not more
than ten thousand dollars ($10,000.00) per cl~im. The policy so maintained by
DEVELOPER shall name the ern as an additional insured and shall include either a
....,
Dublin/Alameda Development Agreement
for the SPCA Project .-
Page 13 of 16
November 15, 1999
;2 I crf c:l. I
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~
seve~~iIity of interest clause or cross-liability endorsement.
....
21.2 Workers Compensa.tion Insurance. During the term of this
Agreement DEVELOPER shall maintain Workers Compensation insurance for all
persons employed by DEVELOPER for work a~ the Project site. DEVELOPER shall
require each contractor and subcontractor simil~ly to provide Worker's
Compensation insurance for its respectiv~ emPloyees. DEVELOPER agrees to
indemnify the City for any damage resu1~g from DEVELOPER's failure to maintain
.any such insurance.
21.3 Evidence of IIlSllIince. Prior to City Council approvM of
this Agreement, DEVELOPER shall furnish QTY satisfactory evidence of the
insurance required in Sections 21.1 and 21.2 ~d evidence that the curier 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 eAtend to the CITY, its elective
and appointive boards, commissions, officerS, agents, employees and representatives
and to DEVELOPER performing work o~ the Project..
22. Sewer and Water.
~~
DEVELOPER acknowledges that it must obtain water and sewer
permits from the Dublin San Ramon Sen1ces District ("DSRSD") which is another
public agency not Within the control of CITY. .
23. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to ~.shall be addressed asJollows:
City Manager
City of Dublin
-. - P.O. Box 2340
Dublin, CA 94568
--. .-
-.
Notices required to be given to DEVELOPERshalI be addressed as follows:
Gary A Templin, President :.
SPCA
_ _ d_
DubiWAtameda Development Agreem~nt
for the SPCA. Project. .
Pa.ge 14 of 16
November 15, 199~
.:<~ ~c:<r'
..,
~
A party may change address by giving' notice ip 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
expiration of 48 hours after being deposited in the United States Mail. Notices may
also be given by overnight courier -which shall be deemed given the following day or
by facsimile transmission which shall be deemed given upon verification of receipt.
24. Agreement is Entire Unde~standing.
This Agreement co~tutes the entire understanding and agreement
of the parties.
25. Exhibits.
The foIlmving documents are referred to in this Agreement and are
attached hereto and incorporated herem as thpugh set forth in full:
Exhibit A Legal Description of Property
....,
Exhibit B Additional Conditions
26~ Counterparts.
This Agreement is ~ecut~ in two (2) duplicate Originals, each of
which is deemed to be an original.
27. Recordation.
CITY shall record a ,copy of this Agreement within ten days
fonowing~~91tion by ~ parties.
IN WITNESS "W'HEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year firSt 3;bove written.
:~
Dublln/Alameda Development Agreement
for the SPCA Proje~ .
Page 15 of 16
November 15. 1999
~~?f~'{
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CITY OF DUBLIN:
By:
Mayor
. Date:
AITEST:
By:
City Oerk
APPROVED AS TO FORM:
Date:
City Attorney
OAKLAND SOCIETY FOR THE PRE\TENT.ION
OF CRUELTY TO ANIMALS OF AlAMEDA COUNTY
Date:
_. Gary A Templin
President
APPROVED AS TO FORM:
Attorney for DEVELOPER
. - .--. -- - -
-- - -. - .--.
- .-. .
(NOTARIZA110N AITACHED)
EHS:rja
T:\WPD\MNRSW\l14\142\AGREE\..C;P('.A_ DA.607
DoolliWAhm~D~cl~rn~t~~~tt
for the SPCA Project .
Page 16 of 16
Nov~b--J 15. 1999
~tj ~-~r ,--
J(JL Y 14, .1.997
JOB NO. 70053-10
LEGAL.!
EXHIBIT A.
~
LEGAL DESCRIPTION
OSPCA LEASE
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF! DLJ13LIN, cotj'NTY OF
ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
. ,
.~L lHATPORTIONOFTHE "RE1'vf.AINTIERPARCEL".AS SAID PARCEL IS SHOW"NAND.
SO DESIGNATED ON PARCEL MAP 6879 FILED FOR RECORD IN THE OFFICE OF THE
. I..
COUNTY RECORDER OF ALAMEDA COUNTY IN BOOK 225 OPJp ARCEL MAPS AT PAGE
67, DESCRIBED A.S FOLLOWS: i
I
COWIfENCJNG FOR REFERENCE AT AN ANGLE POINT IN Tt-m GE:N"ERAL EASTERN
LINE OF SAID REMt\JNDERP AReEL AT THE SOUTIIERN 1E~S OF rdE COURSE
SHOWN AS "NORm 01013'25" EAST 676.98 FEET" ON SAID PARCEL MA.P 6879 AND
I
RUNN"1NG lBENCE NORTH 74040'07" WEST 982.00 FEET TO THE lRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAM?; THENCE, FROM SAID~
POINT OF BEGINNlNG, NORm: 88 Cl26'46" WEST 145.00 FEET; TBENCE, SOlJTH 34 043'31"
WEST 416.00 FEET; THENCE, soUnr 55035'26" EAST i62.00 FEET; TIIENCE,
~ S.OUTHERL Y ALONG,1HE ARC OF A TA."N'GENT 50.00 FOOT #ADms CTJRVE TO THE
RIGHT THROUGH.-\ CENTRAL ANGLE OF 88020'40" AN ARC DrST.A.NCE OF 77.10 FEET;
THENCE, TANGENT TO THELASTN.A1\1ED CURVE SOUTH 320145l15t1 WEST 53.00.FEET;
THENCE, SOUTH 69046'26" EAST 64.00 FEET; THENCE, NORm 32045'15t1 EAST 270.00
FEET; THENCE, NORTHERLY ALONG 1BE ARC OF A- TANGE1'jIT 435.00 FOOT RADIUS
CURVE TO THE LEFT THROUGH A GENTRAL ANGLE OF 460 19,'45 It AN ARC DIST.ANCE
OF 351.74 FEET TO THE POINT OF BEGThiNmG AND CONTAlliTNG 2.746AC@S_OF
L....\ND MORE OR LESS. -
; . .. .
_ END OF DESCRlPTION . . i
PREPAREDBY: .~~
R .;BALDVlm,
L.8.14367
EXPiRES: 9/30/97
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REMAINDER PARCEL
225 PM 67
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. AREA
2746 +/- ACRES
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PfA rr(f AC~OMPANY-LEG~L DE$CRIPllON
OSPCA LEASE
PORTION OF REMAlNDERnpARCB..
PAReR MAP 6879 (225 PU.67)
Clrt OF DUBliN - ALAMEDA COUNTY - CAliFORNIA..
~it~
I#:~
/tft. BALf)ft1N
is 4357 E:xP. 9;'0/97
Prepared By.
Lukl Milani & Associates
Cl\n7 en glneers. -' Land Planners - Land SUry~yors
1465 Enea Circle #788 .
Concord, California 94520
JULY 1997
i
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Additional. Conditions
.'~
The follmving Additional Conditions -are hereby imposed pursuant to
Paragraph 5.3 above. 0
s..ubparagraph 5.3.1 - Subsequent. Discretionary Approvals
None.
Subparagraph 5.3.2 - Mitigation Conditions
Subsection 3. Infrastructure Sequencing Program
The InfrastroctUre Sequencing Program for the Project is setfonh below.
(i) Roads:
The project-specific ro~dway improvements (and offers of dedication)
described below and those identified iri ~arining Commission Resolution No. 99-_
o Approving a Conditional Use Permit and Site Development Review shall be
completed by DEVEWPER to the satisfaction of the Public Works Director at the
times and in the,manner s'p~cifi_~c:I5_ngesolution NQ. 99-~ unless-performed by
otheiS~ "All-such roadway improvements shall be' constructed to the satisfaction and
requirements of CITY's Public Works Director~
....."
(ii) SeWer
All sanitary'sewer improvements. to serve the project site (or any
- recorded phase of the Project.) shall be completed in accordance with Resol~~on No.
99- ~ and DSRSD requirements.
-- -
- 0- _~:-':._~ (lli)- Water- _:-
.. ..~ ,'--'_~ ~.vveathcrro.adway and an,oapproved hydrant and water supply
. system shall be available and in service at the site in accordance 'With Resolution No.
99-_ to the satisfaction and require~ents' of the CITY's fire department.
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Dublin/Alameda Development Agreement
fOf the SPCA Project ~ ,Exhibit B
Page 1 of 4
November 15,1999
;, 1 ~ P((
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All potable water systeII.l components to serve the project site (or any
recorded phase of the Project) shall be Coinpleted in accordance with Resolution No.
99--_ and DSRSD requirements.
Recycled water lines shall be installed in accordance with Resolution
No. 99-_,
(iv) Storm Drainage
Prior to issuance of the first Certificate of Occupancy for any building
which is part of the Project. the stonn diainage systems off site. as well as on site
drainage systems to the areas to be occupied, .sl1-all be improved to the satisfaction
and requirements of the Dublin Public Works Department applying CITY's and Zone
7 (Alameda County Flood Control and Water C;onservation District, Zone 7)
standards and policies which are in force ~d effect at the time of issuance of the
pennit for the proposed improvements and 'shall be consistent with the Drainage
Plan. The site shall also be protected from stonn flow from off site and shall have
erosion control measures in place to protect downstream facilities and properties from
erosion and unclean storm wat.er consistent With the Drainage Plan. As used herein.
"Drainage Plan" shall refer to CITY's mast~ drainage plan.
(v) Other Utilities (e.g, gas. eleCtricity. cable televisions. telephone)
. Copstruction shall b~ cc>mpl~te by phase prior to issuance of the first
. Certificate ot Occupancy for any building within that specific phase of oC".cupancy.
.. .... . .. -
_ ~ubpa.ragraph5.j.~ ~:_~inan~~g Plan ~_ _' ~,~ -. --- : --- -
-- ._- . . -- ~.. , - ~ -
DEVELOPER-will install all street improvements necessary for the Project at its
own cost.
Other infrastructure necessary to provide sewer, potable water, and recycled
,.--.
..'
, -
Dublin/Alameda Development Agreement
for the SPCA Proje~ - Exhibit B
Page 2 of 4
November 15. 1999
~r~ ~i"
watcr selYic.cs to the Pl"Oject will be m.ade available by the Dublin San Ralnon
Selvic.cs District. TIle Surplus Pl'operty Authority of i\lameda County has entcred
into an "Arc,a '\Tide facilities Agreement" with the Dubllil San Ranlon Servic.cs
District to pay for the cost of eAiending such selvic.cs to the Project. Such servk.cs
shall be provided above.
/~\
"'wII
Subparagraph 5.3..5 -- Pees. Dedications
Subsection a.
Traffic l1upact Pees.
DEVELOPER shall pay all traffic. impact fees applicable to the Project
vvhich are in effect at the time of is~m';ince of any huilding pelmit for the ProjecL
Such fees include the Eastern Dubllil Traffic I1npact Pee ("TIP"') established by
Resolution No. 41-96, including- any future alnend1l1ents to such fee. DEVELOPER
,viII pay ~"llch fees al. tIle time of iS~11ance of building permil. and in lile lhen-current.
anlount of the impact fee.
Subsection b.
Traffic Ilupact Pec to RCllubursc Plcasantoll for frccw'ay
Inl.erdlanges.
DEVELOPER shall pay the Eastenl Dublin 1-.580 Interchange fee
estahlished by Cit.y of I )uhlin Resolut.ion No. 11-96 as amended hy Resolut.ion No..
15.5-98 and by any subsequent resolution which revises such Pee. DEVELOPER will
pay-sucli fees attllC-tllnc- of issuanc.cofbililding permits-and in tlle tllell-current--
amount. of the impact fee.
~
Subscction c.
Public facilitics Pces.
DEVELOPER shall pay ~i. P;lhlic Fa(~lit.ies Fee -in the amounts :md al.ihe
runes set forth ill City of Dubllil Resolution No. 60-99 adopted by tlle City Council
_ on .f.\.pril_6 L 1999 I ~r. ~ tll~ ~m~~!lts and, at the runes set forth in any resolution
revi!.ing the amount. of llle Puhlic Facilit.ies f:ee, as implement.ed hy the
n_-_~, A(.tmiTlisl~r~t:~vr-G~lidt;li.ne~ a(iopl.e~F by !t~~~?ll1l.!(m 1_95-Y?~~_~
__ "_. __". ~ _n_
Suhsecl.ic)[1 d.,., Noise Mil.i~al.ion fee. _
fee.
TIle Project is a semi-public. use and is therefore exempt froIn paying this
- n_ _ _ _
Dublin! Alameda Dl.."Vdc.\pmcnl Agrccmc.."nl
for Lhe SPCA Prc.JjccL - Exhibit. n
Pagc 3 uf 4
NI.Ncmbcr 15. 1999
"'w11
~9 ~ ~7
.......:~.....
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Subsection e. School Impact Fees.
School impact fees shall be paid by DEVELOPER in accordance with
Government Code section 53080 an~ the exiSting agreement between the Surplus
Property Authority of Alameda County, as DEVELOPER's lessor, and the Dublin
Unified School District. .
Subsection f.
Fire Impact Fees.
DEVELOPER shall pay a fu:e facilities fee in the amounts and at the times
set forth in City of Dublin Resolution No. 37-97 or any subsequent resolution which
revises such fee. DEVELOPER will pay SU~ fees at the time of issuance of building
permits 'and in the then-current amount of the impact fee.
Subsection g. Td. Valley Transportation Development Fee.
DEVELOPER shall pay the 'rrl,-Valley'Transportation Development Fee in
the amount and at the times set forth in Qty of Dublin Resolution No. 89-98 or any
subsequent resolution which revises such fee. DEVELOPER will pay such fees at the
'thJ:le of issuance of building permits and in the then-current amount of the impact
fee.
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J:\WPD'\MNR.SV\.'\114\I 42\AGRE-C\SPCA.EXB _ n 15.wpd
EHS:rja
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Dublin/Alameda Development Agreement
for the SPC-\ Project- Exhibit B
Page 4 of 4
November 15,1999