HomeMy WebLinkAbout6.5 SPCA DA
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CITY CLERK
File # Dl(QJ[QJ
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 21, 1999
SUBJECT:
PUBLIC HEARING
P A 99-004, Tri-Valley SPCA, Development Agreement (Second Reading)
(Report Prepared by: Anne Kinney, Assistant Planner)
ATTACHMENTS:
1. Ordinance Adopting Development Agreement for the Tri-Valley
SPCA project
2. Development Agreement for the Tri-Valley SPCA project
RECOMMEND~
1. Open Public Hearing
2. Receive staff presentation and public testimony
3. Question staff and public
4. Close public hearing and deliberate
5. Waive Reading and adopt Ordinance _ -99 (Attachment 1)
approving the Development Agreement
FINANCIAL STATEMENT:
None
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DESCRIPTION:
An Ordinance approving a Development 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 corner of Barnet Boulevard and Gleason Drive. The facility would provide a low cost
spay/neuter clinic, education, animal training and placement services.
A Development Agreement for this project is required by the Eastern Dublin Specific Plan. Items
included in the Development Agreement include, but are not limited to, the financing and timing of
infrastructure; payment of traffic, fire and public facilities impact fees; and general provisions.
BACKGROUND:
Planning Commission Action:
On November 23, 1999, the Planning Commission approved a Conditional Use Permit and Site
Development Review subject to conditions, to allow the construction and operation of a 22, 400 square
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COPIES TO:
Oakland SPCA
George Miers & Associates
Alameda County Surplus Property Authority
PA File
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g/pa\99004\ccsrdadec21.doc
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foot SPCA facility. The Planning Commission also heard the Development Agreement at its November
23, 1999 meeting and recommended that the City Council adopt the attached ordinance.
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City Council Action:
At a Public Hearing on December 7, 1999 the City Council introduced an Ordinance approving a
Development Agreement between the City of Dublin and the Oakland SPCA for the Tri- Valley SPCA
proj ect.
Expressing concern over the bright accent colors proposed for the project, the City Council also directed
staff to submit final colors for the project to the City Council for approval before the final Certificate of
Occupancy is issued for the building. Staff is to work with the project architect to insure that softer, more
muted colors are proposed for the project.
ANALYSIS:
As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance is
necessary prior to final adoption ofthe Development Agreement. The Ordinance would become effective
30 days after the second reading.
RECOMMENDATION:
Staff recommends that the City Council conduct a public meeting, deliberate, and waive the second
reading and adopt the Ordinance approving a Development Agreement with the Oakland SPCA for the
Tri-Valley SPCA project, PA 99-004.
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN, and
THE OAKLAND SPCA
FOR THE TRI-V ALLEY 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.
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C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements vvith the City.
D. The Oakland SPCA. have filed an application requesting approval of a development
agreement for the Tri-Valley SPCA project. -
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 November 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.
H. A public hearing 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.
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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:
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 ofthe 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. .."""
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 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.
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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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If of. !'f.
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Ciry of Dublin
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''\Then Recorded Mail To:
City Oerk
City of Dublin
100 Civic Plaza
Dublin, CA. 94568
Space above this line ror &corder's Use
DEVELOPMENT AGREEM:ENT
BE'fY{EEN 1HE
CI1Y OF DUBLIN
, ....",
. .AND
,o.AKLAND SOCIETY FOR THE-PREVENTION
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OF CRu"ELTY TO ANIMALS. OF ALA11EDA COUNTY
FOR THE SPCA. PROJECT
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TABLE OF 'CONTENTS
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1.
Description of Propeny.
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2. Interest of Devc:1oper. .; ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
3. Relationship ofCity'and.DeveIoper. ............ ....... ....... 3
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4. Effective Date and Term'. ........................... . . . . . .. 3
4.1 Effective Date. :... . . . . . . _ _ . . . . . _ . . . . . . . . . . . . . . . . . . .. 3
4.2 Term.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . _ . . . .. 3
5 - Use of the Prouertv. ....... . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . .. 3
5.1 Right to Develop ................................... 3
5.2 P ermitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
5.3 Additional Conditions ... . . . . . . . . . . . . . . . . . . . . . _ . . . . .. .1
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6.
Applicable Rules. R.et!ulations and Official Policies . _ . . . . . . . . . . .. 5
6.1 Rilles re Permitted Uses. . . . . . . . _ . . . . . . . . . . . . . . . . . _ . .. 5
6.2 Rules re Design and Const.ru.c'"Jon ................... ~ .. :>
6.3 Uniform Codes Auplicable . . . . . . . . . . . . . . . . . . . . . . . . . . .. :>
7.
Subseauentlv Enact.ed RuIesand Reeu1ations ........... _ . . . . .. 5
'7.1' New RUles-and Re~ations . -. . eo eo _ .. . ~ . .. __ . . . . __ .. ., ::>
7.2 .Annfova.l of AODlication . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
........ --
7~3 _ ,. Moratorium Not Applicable. . . . . . . . . _. . ~ . . . . . . . . . . . . .. 6
8. Subsequently Enacted or Revised Fees. Ac;sessments and Taxes . . . .. 6
8. I Pees. ExaC'"Jons. Dedications .......................... 6
8.2 Revised Anulica.tion Fee.~ ..... _ . _ . . . . . . . . . . . . . . . . . . . .. 6
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8 .3 New Taxes .-...'..:.... . . _ . ;- . . . . . . .'. . . . . : . . .. . . . . . _ _ _' 6
8.4 Assessments. . . . . . . . . . . . . . . . . . . . . . . _ .,. . . . . . . . . . . . .. 7
, . -' "'_.'.:' ".' '.: ,_:::::..:, ": 8~5'.~: Vot~ on Future Assessments and Fees., . . ;. .-: ;-:. ;'. .~. . . . . . .. 7
.._,:...:--.:..-'";....... - -.:.....:....=-- . ': ....:" . -.' -' .- .~.. "_:_. -__ o. . _0._. _ 0._. _ ___ .." ".." .
9. Amendment or Cancellation . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . .. 7
9.1 ModjfiC".rition Because of Conflict 'wit..~ State or Federal Laws . 7
9.2 Amendment 1:w Mutual Con~ent . _ _ _ _ . . . . . _ . . . . . . . . . . .. 7
9.3 Insubstantial.Amendments. . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Dublin/Alameda Development Agreement
for the SPCA Project
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Table of Contents . Paoe i of iii
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Novcmkr 15, 1999
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9.4 Amendment of ProJect Approvals . . . . . . . . . . . . . . . . . . . . . .. b '....",1
9.5 Cancellation bv MurUa1 Consent. . . . . . . . . . . . . . . . . . . . . .. 8
10. Term of Project Approvals _................................ 8
II. Annual Review . . . . : . _' ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. '80
ILl Re\~ew Date . . : . .0' _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
112 Initiation of Review : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
11.3 S tatF Reports ...................................... 9
11.4 Costs ............................................ 9
12. Defarut. . . . . _ . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . - . . .. 9
12.1 Other Remedies Available .................. ... . . . . . . .. 9
12.2 Notice and Cure. .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' 9"
12.3 No Damages A:affist CITY ........................... 9
13. Estonne1 Cert.Lflcat.e ...................................... 9
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14. Mortgagee Protection: CertaIn Rights of Cure ................. 10
14.1 Mortga~ee Protection. . . . . . . . . . . . . . . . . . . . . . . . . . _ . . .. 10 oC"""
14.2 Mortgagee Not Obligated ........................... 10
14.3 Notice ofDef~ult to Mort~~ee and ni.ension of Rifht to CurdO
15. Severability . . . . . . . _' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II
16. Attomevs' Fees and Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
17. Transfers and ,Assi~erits . . . . . . . . . . . . . . . . . . . . . . . . . . '.' . . .. II
17.1 Right to' As;ign . . '. . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . .. 11,
17.2 Release Upon Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12.
17.3 Developer'!> Right to Retain 'Specified Rights or Obligations . 12
17.4 Permitted Transfer; Purchase or Ac;signment ...-... _ - . . . .. 12
.. ._ _~:'.~_~8. .' ~oreement Runs with the Land ;';. '... . . ... :'~-.;; .':. . . . .-. . .~. 12,
1 9. B artkru.Ptcv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
20. Indemnillkation. . . ..' . . . . . . . . . ~ . . _ . . . . . _ _ . . . . . . . . . . . . . .. 13
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Dublin/Alameda. D=vclopment Agreement
for the SPc.~ Project,
Table of-Contents ~ Page ii of ili
Novemb-....r 15. 1999
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21. Insurance. . . . . . . . . A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
21.1 Public Liabilirv and Prouenv DamaL"e Insurance. . . . . . . . ., 13
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2L2 Workers Compensation Insurance. . . . . . . . . . . . . . . . . . . .. 14
21.3 Evi dence of Insurance ................... _ . . . . . . . . .. 14
22. Sewer and Water .."..................................... 14
23 . Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
24. A~c-.ement is Entire Und~ding ......................... 15
25. o.:rubits. . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
26. Cormternarts. . . .". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
27. Record.a.ti on ........................................... 15
Dublin/Alameda Development Agree..-nent
for the SPCA Projec:t
Table of Contents - Page iii of ill
- Novemw..r 15. 1999
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THIS DEVELOPMENT AGREEM:ENT 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 OA.KLAND SOCIETY FOR THE
PREVENTION OF CRUELTY TO.ANIMALS OF AIAMEDA COUNTY, a
California. public benefit corporation -(he~eafter 'Developer"), pursrumt to the
2-q.thOrity of ss65864 et seq. of the Califoinia Government Code and Dublin
Municipal Code, Chapter 8.56. .
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. RECITALS
A California Government Code ss65864 et seq. and Chapter 8.56 of t..1)e
Dublin Municipal Code (hereafter "01apter 8.,56'1) authorize the CITY to enter into
an Agreement for the development of real property 'With any person having a legal or
equitable in.tereSt in such property in order to establish certain development rights in
such property; ful.d
B. The City Council adopted the'Ea.<;t.em Dublin Specific Plan 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 ' "'-'
D_ DEVELOPER desires to'develop and holds legal interest in certain real'
property consisting of approximately 2.~].acres of land, loc~~e~ in the City of ,
Dublin, County of .Alameda, State of CalifoI'Ilii, 'which is more particularly described
in Exhibit A attached hereto and incorporated herein by this reference, and which
real property is hereafter called the "Property"; and
E. DEVELOPER proposes the development of the Property 'With an
approximate 22'.400 square foot facility for the treatment of animals (the "Project");
and
F. DEVELOPER ha.s applied for. and CITY has approved or is processing,
:...va...rious, I~d.~s~ apprQ-"~s ~ connection with -the development of W.~e Project; ,
including a Con~tional Use Permit and Site Developlnent Review (Planning
Com:mission Resolution No. ) (collectivelyt together V'tith any approvals or
permits now or hereafter issued vv;,th respect to 'the Project, the trproje.ct .Approv~sll);
and --'
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Dublin/Alameda D~e1opm::nt Agreement
for the spa Project
Page 1 of 16
NoveIIlha-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 the Project Approvals as each such approval becomes effective; and
H. CITY desires the timely, effid.en~1 orderly and proper development of
said Project; and
1. Tne City Council has found ,that, among other things, this Development
.t\,oreement is consistent V\ith its (;P...neralPlan and the Eastern Dublin Specific Plan
and has been reviewed 2nd evaluated in accor~ance 'With Chapter 8.56; and
J. 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
K. PurSU2Jlt to the Glifornia Envrronmental Quality Act (CEQA) the
Planning Commission adopted Resolution No: , finding that the Project is
within the scope of the Final Environmental'Impact Report for the Eastern Dublin
G>...nera1 Plan -.AJnendment and Specific :plan, (SCH 91103064) which 1\"2.5 certified by
/-- the Council by Resolution No. 51-93 and th,eMdenda dated l\1ay 4, 1993 and
Augu~t 22, 1994 (the 1lEIR") and the 1\.1itigated Negative Declaration for the Eastern
Dublin Spec:L.l1c Plan Amendment and, G-~eia1 PIan Amendment (SCH 96092092)
and adopted a Negative Declara.tion for the Project; and
1. On':,:",:,-. 1999, the City'Council of the City of Dublin adopted
Ordind.J.'1ce No. _-99 approving this Development Agreement. The ordinance took
e..t.Jfect on _' 1999.
NOW, THEREFORE, vd.th reference tQ the foregoing recitals and in
consideration of the mutual promises, o~ligations and covenants herein contained,
CITY a..Tld DEVELOPER agree as followS:
AGREEMENT
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1: " Desaiorlon or Prooertv.
Tne Propercy which is the subject of this Development Agreement is
described in Exhibit A attached hereto (f1Pro~Ly").
Dublin/.Alameda Devclopm~tAgreement
ror the SPC~ Project;
. Page 2 of 16
. November'15, 1999
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2. Interest of DeveloDer.
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The DEVELOPER has a. legal or equitable interest in the Propeny
Alameda County, in that it has a 99-y~ ~eaSe of the .Property from the Surplus
Propcriy Authority, the Owner of the fee
3. Relationship of City and Developer.
. , It is understood that this 4greement is a conuact that has been
negotiated and voluntarily entered into by c;ny and DEVELOPER and that t...~e
DEVELOPER is not an agent of CITY. Tht;'CfIY 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 venture...--s or
pmners.
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.
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4.2 Term. The term of this Development Agreement shall
commence on the effective date and eXtend fi~e (5) years thereafter, unless said term'
. is othenvise terminated or modified by cir~ces s_e.t, forth in ~s Agreement.
5. Use of the Pronertv.
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 Agre-JIlent, the Project AppTO\"als (2S md when issued), and any amendments to
any of the...-rn 2.S shall, from time to time, be approved pursuant to this Agreement.
5.2 Permitted Uses: The 'permitted uses of the Property. the
der..sity ~4 intensity of use, ili:e maximurp. heigh4 bulk and size of proposed ,- "
, ,- bUildi.Tlgs~ .provisionS. for reseiv-dtion or dedication of land for public purposes and
. , -- location and mainte!l.a.J.ice' of on-site and off-site improvc:ments, location of public
utilities (operated by CITY) and other terms and conditions of development
applicable to the Property, shall be th9se set forth in this Agreement. the Project
..~provals and 2..tlY amendments to this Agre~ment or the Project Approvals.
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Dublinl..Alameda Development Agreement
for the SPCA Project.
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5.3 Additional Conditions. Provisions for the following
("Additional Conditionslf) are set forth in Exhibit B attached hereto and incorporated
herein by reference.
5.3,1 Subsecnient Discretionarv AODrovals.
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Conditions, terms, restrictions, and requireme~ts for subsequent
discretionary actions. (These conditions do not affect Developer's
responsibility to obtain all other land use approvals required by the
ordinances of the Ci.tr of Dublin.)
Not'Applicable
5.3.2 Mirlfation Conditions. .Additional or modified
conditions agreed upon .by the parties in order to eliminate or
mitigate adverse enVironmental impacts of the Project or othenvise
relating to development of the Project. '
See Exhibit B
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5.3.3 Phasing. Tu:nL.lg. Provisions that the Project be
constructed in spec::i#ed .phases, that construc6on shall commence
within a specified time, ahd that the Project or any phase thereof be
completed within a specified time.
See Exhibit B
,_ 5.3.4 Firumcin~ Plan. Fi!12.l1cial plans which identL7
... necessary capital impro'~ements 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 prop"'....rty.
S~ E:rlUbit B
5.3.6 Reimbutsement.. Terms relating to subsequent
reimbursement ov~;r~e for financing of necessary public facilities.
- Not Applicable
5.3.7 Ivllsce11meous. Ivliscel1:meous te..:..-ms.
Not .f\pplic.able
Dublinl.Alameda. Development Agreeme.."lt
ror the SPCA. Project..
Page 4 ofl6
- NoveIIW-..r 15, 1999
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6. Applicable Rilles. Regulations and Offinal Polides.
6.1 Rules re Permitted Uses. For the term of this A,~eement, '..."""
the City's ordinances, resolutions, rules, regulations and offidal polides governing t.he
pennitted uses of the Property, goveming,p.ensity 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 iliis 1\,oreement.
, 6.2 Rules re Desi~ and Construction. Unless otherwise
expressly provided in Paragraph .5 of th.is ~oTeemen~ the ordinances, resolutions,
rules, regulations and official policies gav~g design. improvement a..T1d
construction standards and specifications applicable to the Project shall be those In
force and effect at the time of the app~c:able discretionary Project Approval.
Ordinances, resolutions, rules, regulations and offidal polities
governing design, improvement and constiuction standards and specifications
applicable to public improvements to ~ constructed by Developer shall be those in
force and effect at the time of the applica~le permit approval.
6.3 Uniform Codes Applicable. Unless C\.-pressly provided in
Paragraph 5 of this A.:,tTTeement, the Project sjlall be constructed in accordance with
the provisions of the Uniform Building"Mec.b.anica1, Plumbing, Electrical and Fire
Codes and Title 24 of the California Code of Regub.tions, relating to Building
Standards, in effect at the time of approval of the appropriate building, gr~ding. or
- other construction permits for the Project.
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7. SubseC!uently Enacted Rules and Re~ations.
7.1 New Rules and Rerulations. During the term of this
.A.gr~J1lerit.,. the City may a.pply new or'x:n~ified ordirumces, resolutions, ru1es~ '
regulations and official policies of the City to the Property which were not in force
and effect on the effective date of this Agreement and Virhich are not in conrlict 'With
those applicable to the Property as set forth in this Agreement if: (a) t..1).e application
of such new or m00ified. ordinances, resoli.rt:ions, rules, fegu1~tions or official policies ,
would not prevent, impose a'subst&"'i.tial fi:n.aJjda.l burdeI~ on, or materially delay
development of the Prop"'...rty as contemplated, by this Agreement and the Project
Approvals and (b) if such ordinances, resolutions, roles. regulations or offid21 policies
have general applicability.
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Dublin/Alameda D=velopment AgreeIru:nt
for the SPc.~ Project
Page 5 of 16
November 15. 1999 .
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7.2 Approval of Application. Nothing in this Agreement shall
prevent the CITY 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
eA-pressIy set forth herein.
7.3 Moratorium "Not Applicable. Notwithstanding anything to
th~ con~"'1 contained herein, in the event ~ ordinance, resolution or other me.asure
is enacted. whether by action of CTIY, by initiative, referendum, or otherwise, that
imposes a building moratorium \vhich affectS the Project on ail 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 i!1e Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or state
of e...rnergc:ncy as defined in Govenunent Code S 8558.--
8. Suhsequently Enacted or Revised Fees. A~sessments and Taxes.
8.1 Fees. Exactions. DediGttions. CI1Y and DEVELOPER
agree that the fees payable and e.xaeJons required in connection 'with the
development of the Project for purposes of mitigating environmental and other
impacts of the Project, providing infrastrocture for the Project and complying 'With
the Specific Plan shall be those set forth in the Project Approvals and in this
Agreement (including Exhibit. R). Tne 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
consnuction of public improvements, in conneCtion with any subsequent
discretionary appro\-ral for the Property, excePt as set forth in the Project Approvals
and this Agreeme..Tlt (including Exhibit' B). .
8.2 Revised Application Fees. .Any existing applicatiDn~
processing and inspection fees that are re\~ed during the term of this Agreement
shall apply to the Project provided that (1) suCh fees ha.ve general applicability; (2)
: the application of such fees to the Property is'prospective; and (3) the application of
, such fees -wOuld not prevent developmeJ;1.t in accordance Vi1th this Agreement.
,-'"
8.3 New Taxe<:. Any subsequently enacted city."wide UXes
shall apply to the Project provided that: (I)'the a.pplication of such taxes to,the
Property is prospective; and (2) the application of such taxes would not pr~ent
Dublin/Ala...-neda Development Jo\greement
for the spa Proj~
Page 6 of 16
November 15. 1999
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dt~velopment in accordance ,vith this Agreement.
"""'"
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 infrastnlcture and/or services
WhiCi1. 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
xrrrD of the Constitution and DEVELOPER does not return its ballot, DEVELOPER
agrees. on behalf of itself and its succeSsors, tha~ CIIT may count DEVELOPER's
ballot as affirmatively voting in favor of such assessment, fee or charge.
9. .Amendment Or C:ma;llation.
9.1 Modification Because of Conflict with State or Federal
Laws. In the event that state or federalla)VS or regulations enacted after the effective
date of this,A.greement prevent or pre<;:lude compliance with one or more provisions
of this .A.greement or require changes in,pIans, maps or permits approved by the City.
the p2.J.-oes shall meet and confer in good faith in .a. reasonable attempt to modify this ,.......,
Agreement to comply'with such federal.or s!;ate law or regulation. Any such
amcna...-ne.:.J.t or suspension of the Agreement shall be approved by the City Council in '
accordance 'with Chapter 8.56. ".
9.2 . -- Amendment by Mutuiu Consent~ This Agreement may be
amerlded 1."'1 'writing from time to time by mutual consent of the parties hereto and in
accordance wit..'f1 the procedures of State law?-Ild Chapter 8.56.
9.3 Insubstantial Amendments. Notwithstanding the
provisions of the preceding paragraph 9.27 any :unendments to this Agreement which
do not relate to (a) the term of the Agreenient as provided in paragraph 4.2; (b) the
permitted uses of the Property as provided in paragraph 5.2; (c) provisions for
r.significant" rese...-vation or dedication of land as 'provided in Exhibit B; (d) conditions.
- . - terms, resttictio~ or require~ents for suhseq~ent discretionary -actions; (e), the '
density or intensity of use of Ule Project; (f) 1?e niaximum height or 517e of proposed
buildings; or (g) monetary contributi.o~ by D~LOPER as provided in this
Agreement. shall not, except to the eJ.."t:eIl.t otherwise required by law. require notice or
public hearing before either the Planning Commission or the City Council before the
p2J.-ties may execute an amendment hereto. . tnYs Public Vv orks Director shall _~
Dublin/Alameda D~e1opment Agre~ent
for the SPCA Project .
Pacre 7 of 16
e>
November 15. 1999
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(,- det~iminc: whether a reservation or dedication is "significantn.
9.4 Amendment otProject Approvals. lmyamendment of
Project Appro'\rals relating to: (a) the permitted use of the Property; (b) provision for
res~",\ration or dedication of land; (c) conditions, terms. restrictions or requirements
for subsequent discretionary actions; (d) tl;1e 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 prmrisions of this Agreement which a.r~ i,mplica.ted by the amendment of the
Project Approval. Any other aTIlendment of th~. Project Approvals. or any of them,
shall not require amendment of this Agreement unless the amendment of the Project.
Approval(s) relates specific.a11y to some provision of this Agreement.
9.5 Cancellation by Mutrui! Consent. Except as othem-ise
permitted herein, this Agreement may b~ ci.pceIed in V\rho1e or in part only by the
mutual consent of tL1.e parties or their successors in interest, i11 accord2nce with the
pro-visions of Chapter 8.56. Any fees paid.pw'"'SWlllt to Paragraph 5.3 :md Exhibit B
of dlis ~ureement prior to the date of ~cellation shall be retained by CITY.
10. Term of Pro;ed. ADDro\.'aIs~ .
"..-
Pursuant to Califo~a G?verruncnt Code Section 66452.6(a), the
term of the Site Development Revi~ a.,d Conditiona! U~~ P~t in Recital F above
shall automatically be o."tended for the terin of 1:hls Agreement. The term of 2JlY
other Project Approv21 shall be o..'tended only if so provided in Exhibit B.
11. Annual Review.
1 L I Review Date. . Tne annual review date for this .l~.greement
shall be August 15,2000 and eachAu~ IS thereafter.
11.2 Initiation of Review. The CITIs Community
Development Director shall initiate the annuil r~view, as required under
Secdon 856.140 or Chapter 8.56, by' giVirigtO: DEvdOPER thirty (30) days'
written notice 'that the CITY intends to. .und~-take such review. DEVELOPER sr~
provide evidence to the Community Development Director prior to the hearing on
the annual revievv, as and when reasonably determined necessary by the Community
D~velopment Director, to demonstrate gbod faith. compliance 'with the provisions of
Dublinf.:\lameda Development Agreement
for the SPCA Project.
PaCTe 8 of 16
o
November 15. 1999
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the Dt:Velopment Agreement. The burden of proof by substantial evidence of
compliance is upon the DEVELOPER.,
11.3 Staff Repo:tts. To the o.:tent practical, CITY shall deposit
in the mail and fax to DEVELOPER a. copy of ail staff reports, and rdated exhibits
concerning contract performance at least five (5) days prior to any annual review.
, 11.4 ,Costs. CostS re.aso~ly incurred by elIT in connection
with the .annual review shall be paid by DEVELOPER in accordance ~'ith the Dry's
schedule of fees in effect at the time of review.,
12. Default.
12.1 Ot.her Remedies Av-aiIab1e. Upon the occurrence of an
event of default, the ,parries may pursue all other remedies at law or in equity which
are not otherwise provided for in this Agreement or in Oty's regulations governing
development agreements, a."pres~ly including the remedy of specific performance of
this ~OTeement. .
12.2 Notice and Cure. Upon the occurrence of an event of
default by either pany, the nondefauIting'pa.rtY 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 nondefau1ting party
may then commence any legal or equitable action to enforce its rights under this
, Agreement; provided, however. that if the default omnot be cured within such thirty
(30) day period, the nonde.faulting party shall refrain from any such legal or equitable
ac-J.on so long as the defaulting party begins to cure such default 'within such thirty
(30) day period and diligem:.1y pursues such cure to completion. Failure to give notice
shall not constitute a'V\--aiver of any default.
,.~
. '
12.3 No Damages ~cain;:tt CITY. In no event shall damages be
aVr'"aIded against CITY upon an event of default or upon termination of this
Agreement.
13. EstouveI Certificate.
~-
Either parry may..at:m.y time. and from time to time. request
'wTIrteJ.'1. notice from the other pany requ~~g such. party to cerJfy in writing that,
(a) this Agreement is in full force and effect and a binding obligation of the parties.
,~
Dub1inlAlameda Deve1opm::nt Agreement
for the SPCA Project,
Page 9 of 16
Novemb:.r 15. 1999
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(b) this ~o-reeme..'"1t has not been amended or modified either orally or in writing, or if
so amended, identifying the 'amendments, and (c) to the kno,\\rledge of the certifying
party the re.questing p2rty is not in default in the performance of il.S obligations
under this .A.greernent, or if in defauI4 to describe therein the nature and amount of
any such defaults. A party receiving a"Tequest 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 patties. City Manager of City shall be
authorized to c..xecute any certificate requested by DEVELOPER; Should the party
receiving the request not execute and TetU.IIl' Su<:h certificate within the applicable
pe-Tiod, this shall n.ot be deemed to be ~ defawt, provided that such party shall be
deemed to have certified that the: stat'ements in clauses (a) through (c) of this section
are true, and any party may rely on such deemed certification.
14. 1\1ortgagee Protection: Certain Rights of Cure.
14.1 Mortga~ee Protection. This Agreement shall be superior
and senior to any lien placed upon the Propeity, or any portion thereof after the date
of recording this .Agreement, including the lien for any deed of trust or mortgage
.,r- C'Mortgage"). Not\vi.thstanding the foregoi?g, no breach hereof shall defeat. render
invalid, diminish or impair the lien of any Mo~ga.ge 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 persoll; 'or entigr, including any deed of trust
beneficiary or mortgagee C'!\1ortgagee")'V\Tto acquires tid!:: to the Property, or any
_ portion thc:reof, by foreclosure~ trustee's s21e, .deed in lieu of foreclosure, or otherwise.
14.2 Mortgagee Not Obligated.. Notwithstanding the provisionS
of Section 14.1 abovet 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 improv~ts, or to guarantee ~uch construction of ,
im.provemenL~. or to guarantee such constniC"Jon 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 constru~ ?X1Y ~provemeI].ts 1:hereon ofuer:tfum those uses,or improvements
- ,-- provided for or authorized by the Project,,Approvals or by this Agreemel!t. "
14.3 Notice of Dd"ault to Mortg1i9'ee and Ei"tension of Rieht to
Cure. If CITY receives notice from a Mongagee req~~ing a copy of any noti;e of
default given DEVELOPER hereunder ~d specifying the address for service thereof.
then CITY shall deliver to such 11ortgagee, tonrurrently'With service thereon to
Dublin/Alameda Development Agreem~t
for the SPCA Proiect
, ,
Page 10 of 16
Novemb--J 15. 1999
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DEVELOPER., any notice given to DEVELOPER with respect to any claim by CITY
that DEVELOPER has committed an e\~ent of default. Each Mortgagee shall have
the right during the same period available to DEVELOPER to cure or remedy, or to '
commence to rure or remedy. the event of default claimed set forth in the CITY's
notice. CITY, through its City Manager" may eA1:end 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.
. 15. Se\rera.bilitv.
The unenforceability, lnva1idity or illegality of any provisions,
cov~'"lant, condition <;>r term of this Agreement, shall not render the other provisions
. u..'l1enforceable, invalid or illegal.
16. Attomevs' Fees and CO~.
If CIlY or DEVELOPER iiUtiates any action at law or in equity to
enforce or iJl.terpret the terms and conditions of this Agreement, the prevailing party
shall be entitled to recover reasonable att~r;ieys' fees and costs in addition to any
other relief to which it may othernise 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 coopeJ;ate
in defending such action. DEVELOPER shill bear its 01'\'Il costs of defense as a real
p~Ly ,in .interest in any such actiori,. and shall reimburse CITY for all reasonable court
coS'"t.S and attorneys' fees o..'Pended by CITI i.p. defense of any such action or other
proceeding.
17. Transfers and ~~i~ents.
......I
....,
,-'".
. ,
17.1 , Right to .A..ssign. "It is anticipated that DEVELOPER may
sell the Property to another developer. !ill of DEVELOPER'S rights, interests and,
obligations hereunder- may be transferred, sold or assigned in conjunction with ~e
u-ansfer,_ s?1e, or ~signment of all of the Property subject hereto at,any time dlli-mg ,
the term of this Agreement, provided that no transfer, sale or assign:rnent of
DEVELOPE~s rights, interests and obligatio~ hereunder shall occur without the
pJ;ior written notice to CITY and approval by the City Ivfanager, which approval shall
not be unreasonably withheld or delayed. The Oty Manager shall consider and
decide the ITlatter within 10 days after DEVELOPER1s notice, provided all necessa..-y ~.
documents, cer-Jllca.tions and other iriform~:tion are provided to the City Man:a.ger. .
DublinlAlamed2. Development Agreement
for the: SPCA Project
Page 11 of 16
Novemb~ 15, 1999
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17.2 ,Release Upon Transfer. Upon the transfer, sale, or
assignment ofall of DEVELOPER's rights, ~terest.s and obligations hereunder
pursuant to subparagraph 17.1 of this ,Agreement, DEVELOPER shall be released
from ilie obligations under this Agreeme;nt, w;!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 ~oreement, DEVELOPER shall be
released with respect to all such rights; in~erests 3nd assumed obligations. In any
event, the traIl.<\feree, purchaser, or a$signee shall be subject to all the provisions
hereof and shall provide all necessary do~ents, certifications and other necessary
information prior to City Manager appro-val.
,~
173 Develo?ers Rightto Retain Specified Rights or
Obligations. Notwithstanding subparagraphs 17.1 2nd 17.2 and paragraph 18,
DEVELOPER !MY withhold from a sale, transfer or assignment of this Ab'Teement
Cf:J.""tain 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 Viith the Alameda Connty
Recorder prior to the sale, transfer or assignm~t of the Property. DEVELOPE~s
purchaser, tr^<tiLSferee or assignee shall th~ have no interest or obligations for such
rights, mteres'"1.S and ob.ligations and lifts Agreement shall remain applicWle to
DEVELOPER v;ith respect to such r~ed rights, interests and/or obligations.
- .
17.4 Permitted Transfer. Purchase or A<;signment. The sale or
other transfer of any interest in the Prope;.-ry to a purchaser ('IPurchaserll) pursuant to
the exercise of 2IlY right or renledy under a deed of trust encumbering
DEVELOPER'S interest in the Property shall not require City Manager approval
pursuant to the provision of paragraph 17.1.. Any subsequent transfer, sale dr
assignment by the Purchaser to a subseque~t transferee, purchaser, or assignee shall
be subject to the provisions of paragraph 17.1.
18. ,A:crreement Runs with th~ Lind.
.All of the provisions, rights, terms, covenants, and obligations
contained L."1. this .Agreement shall be binding upon the parties and their respecthre
heirs, successors and assignees. represent2..tives, iessees, and all other persons
acquiring the Property, or any portion ~ereof, <:>r any interest therein, 'whether by
operation of law or in any manner whatsoever. All of the provisions of this
,"-"
Dublin!.Alameda D~'\re1opment~~ement
for the SPCA Project,
Page 12 of 16
Novemkr 15, 1999
i1v ct,)? '
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Agreement shall be enforceable as equitabie servitude and shall constitute covenants
running v.ith the land pursuant LO applicable laws, including, but not limited to,
Section 1468 of the Civil Code of the State of California. Each covenant to do, or
refrain from doing. some act on the Property hereunder, or with respect to any owned
property, (a) is for the bencfit of such properties and is a burden upon such
. properties,. (b) runs wi.th such properties, and (c) is binding upon each party and each
~ccessive owner during its o\'I-'I1crsrup qf stlch properties or any portion thereof, and
shall be a benefit to and a burden upon, ~ch party and its property hercunder and
each other person succeeding to an interest in such properties.
4-
....
........
19. Bankruptcy.
The obligations of this .f\,oreement shall not be dischargeable iLl
bankruptcy.
20. Indemnification.
DEVELOPER ~crrees to indemnify, defend 2nd hold harmless CITY,
and its elected &.ld 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 injury or property damage which may arise
directly or indirectly as a result of any. actions ox: inactions by the DEVELOPER, or
any actior..s or inactions of DEVEWPER:s contractors, subcontractors, agents, or
employees in connection vv-ith the cOrW:uu.ction, im.provement~ operation, or
maintenance 'of the Project, -proVided' that DEvELOPER shall have no
indemnification obligation \vith 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 imrirovement after the time it has been
.. ...
dedicated to and accepted by the CIIY or another public entity (except as provided
in an improvement agreement or maint~ce'bond).
2 L Insurance.
.-
_ -. . 21.1 ,.-;. PubliC Liability and Property Damage Insur~J1ce. During
the term of this Agreeirient, DEVELOPER shall maintain in effect a policy of
comprehensive general liability insurance With a per-occurrence combined single .limit
of not less ~1. one iniliion dollars ($1,000,000.00) and a deductible of not more
than ten thousand dollars ($10,000.00) per~. The policy so maintained by
DEVELOPER shall name the CITY as an additional insured and shall include either a. ,,'....,'
Dublin/Alameda D~elopment Agreement
ror the SPCA Project. :
Page 13 of 16
November 15,1999
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severability of interest clause or cross-liability endorsement.
-'
21.2 W orker~ Compensation Insurance. During the term of this
Agreement DEVELOPER shall rnain11rin Workers Compensation insurance for all
persons employed by DEVELOPER for work a~ the Project site. DEVELOPER sh.a1I
require each contractor and subcontractor simil?I1y to provide ,\,\T orker's
Compensation insurance for its respectiv.e emPloyees. DEVELOPER agrees to
indemnify the Oty for any dam.age resul~g from DEVELOPER's failure to maL.~t2in
any such. insurance.
01
21.3 Evidence of In.surance. Prior to City Connc:il approval of
this Agreement, DEVELOPER shall furnish CITY satisfactory evidence of the
hl.surance required in Sections 21..1 and 21.2 apd 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 CIrr, its elective
and appointive boards, comnlissions, offic<=>JS, agents, employees and representatives
2nd to DEVELOPER performing work o~ the Project.
22. Sewer and Water.
DEVELOP,ER acknowledges that it must obtain v.ra.ter and sewer
rmUts from the Dublin San Ramon Serv:ices District ("DSRSDIP) which is another
public agency not i,ithL., the control of CITY. .
23. Notices.
.All notices required or provided for under this Agreement shall be in
V\'Iiting. Notices required to be given to ~'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 2.S follows:
Gary A Templin. President :.
SPCA
,r---
Dublin/Alameda D::vclopment Agreem~t
for the SPCA, Project .
Page 14 or 16
November 15, 199~
;2l-'~~!
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A party may ch2nge address by giving"notice 4l.writing to the other party and
thereafter all notices shall be addressed an(ft:r:msmitt~d to the new address. Notices
shall be deemed given and received upon personal delivery, or if mailed, upon the
o..piration of 48 hours after being deposited in the United States Mail. Notices may
alsq be given by overnight courier which shall be deemed given the following day or
by facsimile-qansmission which shall be deemed given upon verification of receipt.
24.
Ao-reement LC; Entire Undersumdinu.
- "c
TIlls Agreement co~tutes the entire understanding and agreement
of the parJes.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as th~)Ugh set fordl in full:
Exhibit A Legal Description of Property
.--~
. .
Exhibil B Additional Conditions
26. Counteroan.s.
Tnis ~oreement is execut~ in two (2) duplicate originals. each of
which is deemed to be an original.
27_ Recordation.
CITY shall record a ,copy of this Agreement .within ten days
, following _ex~cution by ~ parties. '
IN VvTINESS W"HEREOF, the parties hereto have caused this Agreement
to be executed ~ of the date and year fi..rSt a;r,ove vmtteJ.'"1.
'...""
Dublin/Alameda D~ve1opment Agreement
for the SPCA Proj:~
Page 15 of 16
November 15. 1999
1'. 1
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CITY OF DUbLIN:
By:
Mayor'
. Date:
A1TEST:
By:
Oty Oerk
Date:
APPROVED AS TO FORM::
City Attorney
,'/~
OAKLAND SOCIETY FOR THEPRE'VENIJON
OF CRlJELTY TO A.NIMALS OF AIAMEDA COUNIY
Date:
__ Gary A Templin '
President
..APPROVED AS TO FOR!\1:
Attorney for DEVELOPER
(NOTARIZA110N AITACHED)
~
EHS:rja
J:\'WPD\MNRSW\114\1 .&?\AGREE\SPC',,^_ DA.607
DublinlAl:uneda Development Agreement
for the SPC.O\. Proj~ct
Page 16 of 16
Novemb--...r 15. 1999
, .
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nJL Y." 14, .1997
JOB NO. 70053-10
LJ::.G.A..L.l
EXHIBIT
A-
I . .
, ...".,
LEGAL DESCRIPTION
OSPC.A.. LEASE
.AlL rriA.T RE~-ll PROPERTY SITUAlb IN TEE CTIY Or! DUbLIN, COUN1Y OF
ALfi....."MEDA, STATE OF CALIFORN1..'\, DESCRIBED ...;'8 FOLLOWS:
. .
?.LL TH.~T PORTION OF r.rlE "REM4lN"DER P ..A.."R.CEL f1 .~ SAID P..A RC1::L IS SHO"\v"N .~r-..:"D .
SO DbSIGN.-\.TED ON PA..."R.CbL 11AP 6879 FILED tOR RECORD IN THE OJ:' rICE OF THE
. I"
COu""NTYRECORDFR OF AL.A..-1vIEDA COliNIY IN BOOK 225 OF ip iL"R.CEL MAPS AT PAGE
67, DESCRIB.t:,D _AS FOLLOWS: ~
. I
COM11ENCING FOR REFERENCE AT AN ANGLE POI1'J"'T IN T.fiE GtN.tILAL EASIER1~
Lm3 OF SAID R ~.MAJN1)ER PARCEL ..;.T IF-b SO"IJrr:IE&.""'J TE~MmuS Or 'L-iE COtJRSb
SHOw"N AS 'NORTII 01 013'25" EAST 676.98 FEET" ON SAID PARCEL U~.P'6879 .-\-N"D
I
Ru""N1\i1NG THENCB NORm 7.4"40'07" 'VEST 982.00 FEET TQ T.8:E JR1JE POl]\Jl OF "'...."I
BEGIN""N1NG Or THE HEREIN DbSCRlB.t:D P.ARCEL OF LA....N1?; THENCE, FR011 S.t.JD,' "
POThil OF BEGIN~1NG, NORT:q 88 Q26'4611 vlEST 145.00 FEET; T$ENCE, SOU 1.H34 043'31 JI
"WEST 416.00 FFFT; r.d..t.-NCE, soUrH 55Q35'26" EAST t62.00 .1:'.cET; TI-iENCE,
SOUTHERLY ..ALONG~:;:E ARC OF A TiL1\iGENT 50.00 FOOT ~A.Drus ClJRv b TO THE
RIGhlTHROUGH.A.. CE:N1R..AL ANGLE OF 88020'40" AN .-\RCDtSTA...NCE OF 77.10 rl:.t.T;
THENCE. T...;NGB-IT TO Tl-ffi Ll~.sTN.-\M.ED ClJRvb SOlJTH32 0;45'15" \VEST 53.00 FEET;
THENCE~ SOUTH 69046'26" EAST 64.00 FRET; THENCE, NORi:~ 32045115" EAST 270.00
~ET; TIffiNCE, NORTI-l~,RLY ALONG T:SE .-ill.C OF A TPu'1\J"GENr 435.00 FOOTRADlUS
:u"'RV"E TO T".dE L.t::l"-[ 1HR.OUGH A CEN LKllL ANGLE OF 46019'45" ..AN i\RC DIST.o\..."N'CE
)F 351.74 FEET TO 1:...1::8 POINT OF 'BEGINN1NG A_NT> CON1ArN1NG 2.746 ACRES .OF
:.i{NU MORE OR LESS. . , '
EN"D OF DESCRlPTION '
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PORT/QN OF REJJ)'JNDER P ARCa..
PARerl MAP 6879 (225 PM 67)
'., CITY OF DUBliN - ALAMEDA COUNTY - CAliFORNIA
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Prepared By,
Lukl fAiloni & Associates
Cl\l77 engineers, -' Land Planners - Land Surveyors
1465 Enea Circle .Ji788
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Additional. Conditions
The follo'\\mg Additional Conditions 'are hereby imposed pursuant to
Paragraph 5.3 above. .
SubDara.~aDh 5.3.1 - Subseauent Discretionarv AODrovaIs
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None.
Subpara.graph 5.3.2 - Mitigation Conditions
Subsection a.
Infrastructure Sequencing Program
The InfrastructlIre Seque..lcing ::Program for the Project is set forth below.
(i) Roads:
Tne project-specific rO;ldway improvements (and offers of dedication)
described below and those identified iri ~arining Commission Resolution No. 99-_
, Approving a Conditional Use Permit and Site Development Review shall be
completed by DEVELOPER to the satisfaction of the Public 'Vorks Director at the
times and in the manner sp~cifi_~d }_n. gesolu~on .N"Q. 99-_ unless performed by
otheiS.-All-Siicn roadway improvements shall be constructed to the satisfaction and
requirements ofCIITs Public Works Director:
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(ii) &...."Wer
All sanitary-sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in 4lccordance with Resol~tion No.
99-_ and DSRSD requirements.
,- H,_ - (ni) , 'Vater
_ - - _ .A..n ~l_ Weather roadFd-Y and an, 'approved hydrant and ~"ater supply
system shall be available md in service at th~ site in accordance 'With Resolution No.
99-_ to the satisfac:Jon and require~ents of the CITY's fire dep2Itment.
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Dublin/Alameda De\~opment Agreement
ior the SPCA Project ~ E:dtibit B
Page 1 of 4
Novem.bo...r IS, 1999
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.All potable W'dter systen::t 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 SLOW' diainage systems off site, as well 2$ on site
drainage systems to the areas to be occupied, .s1}.aIl be improved to the satisfaction
and requireme;.'Lts of the Dublin Public Works Department applying CITY's and Zone
7 (.Alameda County Flood Control and Water Gonservation District, Zone 7)
standards and Dolicles which are in force and effect at the time of issuance of the
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pennit far the proposed improvements ~I.d 'shall be cap.sistent~ith the Drainage
Plan. The site shall also be protected from storm flow from off site and shall have
erosion control measures in place to protect dO'W11~lIearn facilities and properties from
~ erosion and u....lclean storm 'wat.er consistent ~':ith the Drainage Plan. ..~ used herein.
uDraiIl2.ge Pl(h'L" shall refer to CITY's m.ast~ drainage plan.
(v) Other Utilities (e.g. gas. ~eCtricity. cable televisions. telephone)
Co?:struction shall b,~ O?mplete by phase prior to issU211ce of u."':t.e first
Certifi6.te of Ocrup:mcy for any building within that specific phase of oc-.cupa..'"1cy.
Subparagraph 5.3.3 -- Phasing. Tin:iing .' .
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, "'This Agreement contains no reqUirementS' that DEVELOPER must initiate or
complete development of the Project "Within any period of time set by CITY'. It is the
intention of this provision that DEVELOPER. be able to develop the Property in
accordance Vv-iu.~ its Ovt'l1 time schedules and the Project Approvals.
SubDara~raDh 53.4.;;. Financing Plan" " :-:'
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DEVELOPER"v.ill install all S""l.Ieet improvements necess2..1)T for the Project at its
ov,n cost.
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Dublinr~~a.med.a D~e1opm~t Agreement
ror the SPCA. Proje~ - Exhibit B
Page 2 of 4
November 15. 1999
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'..'a tel' SelYic".es to the Project will be made available by the Dublin San Ramon
Scrvices District. TIle Surplus Property Authority of Alamcda County has entered
into an 'j'\..rca \,ride facilities Agreement" with the Dubllil San R.c'unon Services
District to pay for the cost of o..1ending: such selvices to the Project. Such services
shall be provided above.
Subvaragraph 5,.35 -- fees. Dedic.ations
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Subsection a.
Traffie Ilnpact fees.
DE\TI;LOPER shall pay all traffic i.mpact fees applicable to the Project
v,'hic:h are in effect at [he Lime of is!>1I:mce of any hllildincr IJermit [or lhe ProjecL
. ,..,
Such fees include the Eastenl Dubllil T.raffic Illlpact fee ('TIP") established by
Resolution No. 41-96, including allY future alnendlllents to such fee. DEVELOPER
wiII pay !'''uch fees at. [lIe Lime of iS~;ll;mce of huilding pennit. ami in lhe lhen-currenL
alll0Ullt of the impact fee.
Subsection b.
Traffic I1tlvact fee to Rcim,bursc P1casantoll for frcC\,.Tay
I fI Lerc::hafl ~es.
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DE\iJ::,LOPER shall pay the Ea,stenl Dublin 1-580 Intercllangc fee
eS[;ihIishecl by Cily of Duhlin ResoluLion No. 11-96 as amended by Resolution No.
1.5.5-98 and by any subsequent resolution which revises SUcll fee. DEVELOPER will
pay.sud\: fees at the 'tID.1C. of issuance of building penl1.its' and in the then-current.
amount of lhe impact fee.
Subscction c.
Public facilities fees.
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DEVELOPER shall pay a Public PaciliLies Fee in [he amounts ;md at llle
ti1nes set fOr-Jl ill City of Dublin Resolution No. 60-99 adopted by the City Council
_ 011 April_6,!, 1999, ?r ill th~ ~1110~~lts and at the tUlles set fordl ill allY resolution
revising lhe amount of the Public: facilities Pee, ;-is implemented by the
~ ~-\dminist~. ~t~v~ (~~licle:Iine~ aciopl.ed by Re!,oIuL~on 1 y 5~ 9? ~,
Sllhsec:l.ion d.
Noise MiLi~al.ion Fee.. .
TIle Project is a semi-public. lIse and is therefore exempt from paying tllis
fe~.
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Dublin/Alamcda D(..vdr..'prncnl AgrC'-'IIlc,."nl
for Ule: SPC...r\. Pr<.ljc:cl- b.:hibil n
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Subsc:ction e.
School ImDact Fees.
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School impact fees shall be paid by DEVELOPER in accordanc~ with
Government Code section 53080 and the exiSting agreement between the Surplus
Property Authority of Alameda Comity. as DEVELOPER's lessor, and the Dublin
Unified School District. .
Subsection f.
Fire Imoact Fees.
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DEVELOPER shall pay a fi:r.e facilities fee in the amounts and at the ti1nes
set forth in City of Dublin Resolution No. 37-97 or any subsequent resolution which
revises such fee. DEVELOPER ""vill pay suc;h fees at the time of issuance of building
permits '~Ld in the then-current amou!1t of the impact fee.
Subsec60n g,
Tn- VaIlev Transoortation Deve10Dment Fee.
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DEVELOPER shall pay the rri-Valley"Transportation Development Fee in
the amount 2...Tld at the times set forth in City of Dublin Resolut.ion No. 89-98 or any
subsequent resolution which revises suct" fee.. DEVELOPER will pay such fees at the
time of issuance of building permits and in the then-current 2.J.!1ount of the impact
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Iee.
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Dublin/Alameda Deve1op~t Agreement
for the SPO\ Project- Exhibit B
Page 4 of 4
Novemb<>...r 15. 1999