HomeMy WebLinkAbout7.2 DUSD Ground Lease Option for the Jordan Ranch School and Park Siteor
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
June 21, 2016
Honorable Mayor and City Councilmembers
Christopher L. Foss, City Manager
CITY CLERK
File # 600 -40
SUBJECT: Request from Dublin Unified School District to Waive Certain Conditions in
Ground Lease Option for the Jordan Ranch School /Park Site
Prepared by Linda Smith, Assistant City Manager and John D. Bakker, City
Attorney
EXECUTIVE SUMMARY:
The City of Dublin has provided the Dublin Unified School District (DUSD) with an option to
ground lease a ten (10) acre school and joint use park site in the Jordan Ranch community. The
City and District entered into an Option to Ground Lease dated March 8, 2016 ( "Option
Agreement "), by which the City granted the District an exclusive option. The agreement required
the District to satisfy certain conditions before it may exercise the option. The Option Agreement
language specifies that the City may waive any of the conditions. DUSD is requesting that the
City waive (or a portion thereof) two of the conditions due to the planned phasing of the project
construction.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council provide direction regarding the request.
DESCRIPTION:
The City and District entered into an Option to Ground Lease dated March 8, 2016 ( "Option
Agreement "), by which the City granted the District an exclusive option to lease the ten (10) acre
City -owned parcel in the Jordan Ranch community (Attachment 1). The District must satisfy
certain conditions before it may exercise the option. They include: 1) the District Board of
Trustees' approval of the use of the site as a school; 2) written confirmation of adequate
financing to complete the planned construction; 3) City review of construction plans; 4) City
approval of the park site improvement plans, including storm water treatment for the entire site,
and 5) an award of the contract for construction. Pursuant to Section 5.2 of the Option
Agreement, the City may waive any of the conditions during the one (1) year option term.
When the Option Agreement was approved by the City Council, the City understood that the
design and construction of the project would happen in one phase. Therefore, the Option
Page 1 of 3 ITEM NO. 7.2
Agreement's conditions required that the District provide the plans and contracts for the entire
project prior to starting any work (other than site work) on the property. However, instead of
constructing the project all at once, DUSD plans to obtain the State Department of General
Services, Division of the State Architect's ( "DSA ") approval of plans and to construct the School
Facilities in three (3) increments. The purpose of segmenting the project is to speed DSA
review of the project in order to more quickly deliver the school site.
Increment 1 includes grading and other site work, parking, soccer field, landscaping and other
groundwork, and walkways, including covered walkways, for the entire Leased Premises. The
District is able to begin Increment 1 work before the Lease is executed pursuant to a right of
access granted it under Section 8 of the Option Agreement. Increment 2 includes the main
classroom buildings. Increment 3 includes the administration building and library, multi - purpose
building, and lunch shelter. The District has indicated that construction for Increment 1 is
scheduled to start next month (July 2016). Plans for Increment 2 are scheduled for DSA
approval in the summer of 2016 and construction to start in the fall of 2016. Plans for Increment
3 are scheduled for DSA approval in the winter of 2016 -2017 with construction to start in the
spring of 2017.
Based on the phasing of construction, DUSD has requested a waiver (or portion thereof) of two
of the conditions precedent. (Attachment 2) They are as follows:
Condition No. 3:
5.1.3: City Staff Review of the Construction Plans Approved by the California Department
of General Services Division of the State Architect ( "DSA ") for the School Site
Improvements.
For this condition, the DUSD seeks a waiver that would allow the City Staff review of the
construction plans approved by the Department of General Services for Increment 1 to satisfy
the condition. Plans submitted to the DSA will also be submitted to the City for Increments 2
and 3 following the exercise of the Option.
Condition No. 5:
5.1.5: Award of a Contract for Construction of the Leased Premises as Reflected in DSA -
Approved Construction Plans.
For this condition, the District requests a waiver with respect to showing evidence of an award of
a contract for construction because DUSD plans to enter into a separate contract for each of the
three (3) increments as they are approved by DSA. Rather, DUSD will provide evidence of
DSA's intent to approve the contract for construction of Increment 1 prior to the exercise of the
Option, and will award that contract immediately after the exercise of the Option as required by
law.
If the City Council grants the requested waivers, the City Manager would confirm in writing the
conditions that would be applied.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Page 2 of 3
1 • rem
ATTACHMENTS: 1. March 1, 2016 Staff Report w /attachments
2. Letter dated June 15, 2016 from DUSD to City of Dublin
Page 3 of 3
or r�(r
DATE:
TO:
FROM:
SUBJECT:
STAFF REPORT
CITY COUNCIL
March 1, 2016
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -40
Christopher L. Foss, City Manager
Agreements Between the City of Dublin and the Dublin Unified School District
Relating to the Ground Lease of the Jordan Ranch School /Park Site, Updates to
the Master Joint Use Agreement and Approval of a New Use Agreement for the
Center for Performing Arts and Education at Dublin High School
Prepared by Linda Smith, Assistant City Manager and John Bakker, City Attorney
EXECUTIVE SUMMARY:
The City Council will consider the following actions between the City of Dublin and the Dublin
Unified School District- 1) Approval of the Option to Ground Lease Between the City of Dublin
and the Dublin Unified School District and Authorize the City Manager to Enter Into a Ground
Lease Agreement in substantially the form attached to the Option for the Jordan Ranch
School /Park Site; 2) Approval of the Second Amended and Restated Agreement Between the
City of Dublin and Dublin Unified School District Regarding Use of Facilities for Community
Recreation; and 3) Approval of the Agreement Between the City of Dublin and the Dublin Unified
School District for Use of Theater Facilities at Dublin High School Center for Performing Arts
and Education.
FINANCIAL IMPACT:
The Ground Lease Option and Lease Agreement specify an annual lease payment to the City
from Dublin Unified School District at $1 for a period of 99 years. The District will have the
option to purchase a portion of the Jordan School /Park site, which may provide a financial
benefit to the City. There is no financial impact related to the revisions to the Master Joint Use
Agreement. For the Center for Performing Arts and Education Agreement, the City does receive
an annual benefit of valued at approximately $20,000 related to the provision of District staff to
support use by the City.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving the Option to Ground
Lease Between the City of Dublin and the Dublin Unified School District and Authorizing the City
Manager to Enter Into a Ground Lease Agreement in substantially the form attached to the
Option for the Jordan Ranch School /Park Site; Approving the Second Amended and Restated
Agreement Between the City of Dublin and Dublin Unified School District Regarding Use of
Facilities for Community Recreation; and Approving the Agreement Between the City of Dublin
and the Dublin Unified School District for Use of Theater Facilities at Dublin High School Center
for Performing Arts and Education.
Page 1 of 4 ITEM NO. 7.
DESCRIPTION:
Ground Lease
At the City Council meeting of March 17, 2015, the City Council unanimously approved a
Memorandum of Understanding (MOU) outlining the deal terms between the City and the Dublin
Unified School District relating to the use of a portion of a future 10 -acre community park site on
Central Parkway in the Jordan Ranch subdivision for an elementary school (Attachment 1).
At the October 6, 2015 meeting, the City Council adopted Resolution 165 -15, amending the
General Plan and Eastern Dublin Specific Plan, changing a portion of the community park site to
public/semi-public to allow for the siting of a school within the park site (Attachment 2).
In order to formalize the deal terms included in the MOU, staff from the City and the District
have created two agreements — a Ground Lease Option and a Ground Lease Agreement
(Attachments 3 and 4). The Option sets forth the parameters by which the City Manager and
the Superintendent would execute the Ground Lease Agreement.
To summarize, the City would enter into a 99 -year ground lease with the District in order to
provide a school site for the sum of $1 annually. The entire site will be developed and
maintained by the District and portions considered as park will be made available to the general
public outside of school hours for use by the community.
In order to finance and develop the school and park facilities, the District needs an option to
lease in order to satisfy the site control requirements of the State of California. The Option shall
not be effective until the District has provided evidence to the City Manager that indicates it has
satisfied the following requirements:
• Written confirmation from the District to the City demonstrating approval by Board of
Trustees of use of the Jordan Ranch Community Park site as a school site; and
• Written confirmation, approved by the District Board of Trustees, of the sources and
availability of adequate financing to construct the School Site Improvements and Park
Site Improvements, along with a schedule for completion of the work; and
• City review /approval of the Construction Plans for the School Site Improvements (review)
and for the Park Site Improvements (approval) that would be attached to the Ground
Lease as Exhibit D; and
• Award of a contract for construction of the work reflected in the Construction Plans.
The District may exercise the Option for a period of one year from its approval.
The Ground Lease Agreement (GLA) will be subsequently executed by the City and the District
once the Option is exercised. A form of GLA is attached to the Option as Exhibit A, and the City
Manager would be authorized to enter into a GLA in substantially that form on behalf of the City
once the District exercises the Option. The form includes a provision for the District to have the
option to purchase a portion of the site from the City should funds be available to do so. In that
instance, the City would consider the sale at fair market value and would retain the rights to use
the site as a joint use school /park site. All costs associated with the maintenance of the site will
be borne by the District.
Page 2 of 4
Master Joint Use Agreement Amendment
With the proposed Ground Lease item, the Master Joint Use Agreement needs to be amended
to reflect the addition of the new school /park facility in Jordan Ranch, as well as inclusion of
other facilities where there are separate agreements that govern those specific arrangements.
Notwithstanding the specific provisions in the Ground Lease Agreement, the Jordan Ranch
school site will be used much in the way that other school sites are used by the City's Parks and
Community Services Department. For ease of review, the language below is the substantive
amendment to the Agreement:
"4. OTHER CiTY AND DISTRICT AGREEMENTS. This Agreement applies to joint
use of all CiTY and DiSTRiCTproperty, except with respect to the following facilities, the
use of which are addressed in separate agreements between the Parties: Stager
Gymnasium at Valley High School, Dublin High School Tennis Complex; Dublin High
School Center for Performing Arts and Education; Jordan Ranch School /Park Site
(except as otherwise specified therein); and any future property or facilities of either
Party. "
Performing Arts Use Agreement
The Jordan Ranch School /Park Site MOU included a provision to require the District to provide
the City with access to the Center for Performing Arts and Education at Dublin High School, and
the City and District have negotiated an agreement allowing for this use. Under the terms, the
City will have an opportunity to use the facility, for a period of 99 years (to run concurrent with
the Ground Lease obligation at Jordan Ranch), either for City - presented performing arts
programs or to "grant" its theater time to community performing arts groups through a formal
grant program. The City will have the use of up to 128 hours annually at no cost to the City.
The District will provide trained theater personnel to staff City - presented performances (at the
City's option) and will allow access to District -owned theatrical equipment, making this a very
affordable way for the City of Dublin to bring high quality performances to the community and to
support local performing arts groups. The City will have priority in scheduling its performance
dates before the calendar is opened for general public rentals and will have the ability to
promote its performances on the Dublin High School digital marquee. The value of this
partnership is estimated at up to $20,000 annually.
Should the City Council approve this agreement, Staff will propose a structure for an arts space
granting program to the Heritage and Cultural Arts Commission, for their recommendation to
City Council later this year.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff report has been provided to Dublin Unified School District.
ATTACHMENTS: 1. Executed Memorandum of Understanding on Jordan Ranch
School /Park Site
2. Resolution No. 165 -15
3. Option to Ground Lease Agreement
4. Ground Lease Agreement
5. Resolution with Agreements attached as Exhibits A, B and C:
Exhibit A - Ground Lease Option and Lease Agreement; Exhibit B -
Page 3 of 4
Amended and Restated Master Joint Use Agreement; Exhibit C -
Center for Performing Arts and Education Use Agreement
Page 4 of 4
A 4+o- c- h me.nI- i
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ( "MOU ") dated March 17, 2015 ( "Effective Date "),
is entered into by and between the City of Dublin (the "City") and the Dublin Unified School
District ( "DUSD "). The City and DUSD are cach individually referred to as a "Party" and
collectively referred to as the "Parties."
RECITALS
WHEREAS, the City, DUSD, and the property owners have had preliminary discussions
regarding a proposal that involves the use of land currently designated as a community park for a
joint use school and park site ( "New School/Park Site ") and the development of a site currently
dual- designated for school and residential purposes for residential use ( "Existing Reserved
School Site "), within the Jordan Ranch Project area ( "Project "), both of which are shown in
Exhibit "A" attached to this MOU (the "Proposal "); and
WHEREAS, DUSD is interested in this proposal because it does not have sufficient
funds at this time to purchase the Existing Reserved School Site within the Project and believes
the New School/Park Site is a suitable alternative location; and
WHEREAS, the City is interested in this proposal in order to help DUSD obtain rights
to the New School/Park Site to build a school in the Project, while at the same time maintaining
the ability of the public to use portions of the New School/Park Site for recreational, performing
arts, and park purposes; and
WHEREAS, the City recently acknowledged the adverse effect of the lack of State bond
funding for new school facilities, and joined DUSD in calling upon state legislators and the
Governor to act to assist DUSD in mitigating the impact of new development, by adoption of
City Council Resolution No. 175 -14 on October 21, 2014; and
WHEREAS, effectuation of the Proposal would require a definitive agreement between
the Parties, and a separate agreement between the City and the developer of the Project
( "Developer') since the Project has vested rights under a development agreement and the
Proposal would involve amendments to existing Project entitlements and new entitlements, in
addition to a range of other issues; and
WHEREAS, the Parties are interested in working together in good faith to take steps
needed to effectuate this Proposal; and
WHEREAS, the Parties now wish to enter into a memorandum of understanding to bring
clarity to their joint commitment and to set out in general terms the various roles each Party will
play and actions that need to be taken to effectuate the Proposal; and
WHEREAS, the terms and responsibilities set forth in this MOU are not intended to be
binding on the Parties until approval by the Parties of subsequent and more definitive agreements, if
any (the "Definitive Agreements "), with respect to the matters set forth herein, but shall serve to
guide the Parties in reaching Definitive Agreements.
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NOW THEREFORE, the Parties hereby agree as follows:
Section 1. PuMose of this MQU. This MOU is an expression of a preliminary basis
for negotiations in an effort to reach Definitive Agreements concerning the following, among
others; 1) A long -term, as -is, ground lease whereby City will lease to DUSD and DUSD will
lease from the City the New School/Park Site for a nominal sum for construction of a school and
joint use facilities (the "Lease Agreement "); 2) Construction of school and joint use facilities on
the leased land by DUSD; and 3) Execution of a joint use agreement granting the City access to
joint use facilities under certain terms and conditions.
Section 2. Good Faith Efforts to Negotiate, The Parties shall use their best reasonable
efforts to successfully negotiate one or several Definitive Agreements that will describe the
terms and conditions for executing and implementing the Proposal. The Parties shall diligently
and in good faith pursue such negotiations. Fb thermore, the Parties shall use their best
reasonable efforts to obtain any third -party consent, authorization, approval, and exemptions
required in connection with the transactions contemplated hereby, including, but not limited to,
negotiations with Developer. This MOU does not impose any binding obligation on the Parties to
grant any approvals or authorizations, nor does it obligate the Parties to agree to any specific
terms or obligations in future Definitive Agreements,
Section 3. Terms. The negotiations hereunder shall be based on the following general
principles and responsibilities:
A. Upon completion of the following contingencies, City and DUSD will execute the
Lease Agreement whereby DUSD leases from the City the New School/Park Site
for a nominal sum, equal to $1 per year, subject to further negotiation,
1. City will process and consider applications for any planning, zoning and
other City approvals, including any associated CEQA review, in
accordance with all legal requirements and standards, to allow the
development of a school and joint use City and DUSD park facilities on
the New School/Park Site. Upon approval of this MOU, the City will
initiate processing any required General PIan Amendments,
2. City will facilitate dedication of the New School/Park Site by Developer
to the City for public purposes.
3. City will consider and process, in accordance with all legal requirements,
an application to allow the development of residential use on the Existing
Reserved School Site.
4. The City's obligation to take final action on Items 1 -3, above, is
contingent upon the following:
a. DUSD providing City with written confirmation demonstrating
California Department of Education and DUSD Board approval of
the use of the New School/Park Site as a school site.
Molu with City for Joint Use
SF 7618530
b. DUSD providing City with written confirmation from the DUSD
Board of sources and availability of adequate financing, as well as
project schedule, to construct the proposed school, including joint
use facilities.
5. DUSD shall consult City on design matters during the school facilities
design process to ensure that the facilities being proposed meet the needs
of both DUSD and the City,
6. City and DUSD will collaborate during the design process to create a list
of school and park facilities that will be developed and available for joint
use between City and DUSD,
B. The Lease Agreement will require the following:
1, DUSD will construct a school and joint use park facilities on the New
School/Park Site.
2. DUSD will maintain, once constructed, all joint use facilities to an agreed
upon level of service between the City and DUSD.
3. DUSD will allow the City to reserve the Dublin High School Center for
Performing Arts and Education for use by local and community groups
for an agreed -upon number of days annually.
4. City and DUSD will enter into a joint use agreement for use of certain
facilities and areas located on the New School/Park Site by the City and its
residents,
C. The City and DUSD will, separately from the Lease Agreement negotiations,
enter into good faith negotiations an amending the existing master joint use
agreement to include additional schools in the Eastern Dublin area.
Section 4. No Obligation to Proceed. Nothing in this MOU creates a binding
obligation unless and until the Parties enter into the Definitive Agreement {s }, Each Party
expressly acknowledges and agrees that this MOU creates no obligation on the part of any Party
except for each Party to continue negotiations in good faith to effectuate the Proposal and to use
its best reasonable efforts to effectuate the terms of this MOU. Further, the Parties expressly
acknowledge and agree that this MOU does not commit the City to any planning, zoning or other
City approvals needed to implement the intent of this MOU, and all City actions will be subject
to the further discretionary action by the City in compliance with all applicable legal
requirements.
Section 5. Counterparts. This MOU may be executed in multiple counterparts, each
of which shall be an original and all of which together shall constitute one instrument.
Section 6. Execution of Definitive Agreements. If the Parties successfully negotiate
one or several Definitive Agreements, the Parties shall recommend approval of said Definitive
Agreements to their respective governing bodies. No Party shall have any legal obligation to
MOU with City for Joint Usa 3
SF 761853v1
grant any approvals or authorizations until a Definitive Agreement has been approved by their
respective governing bodies.
Section 7, Term. The provisions of this MOU shall expire I year from the Effective
Date of this MOU, but may be extended by mutual written consent of the Parties if needed. This
MOU may be terminated at any time by delivery of written notice by either Party to the other
Party.
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding,
effective as of the date first written above,
CITY OF DUBLIN
t
By:
Da id Hau ert, Mayor
DUBLIN UNIFIED SCHOOL DISTRICT
BY•
Amy Mill , Boar President
2397011.2
Moil with City for Joint use
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RESOLUTION NO. 163 -15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN
AMENDMENTS FOR PORTIONS OF DUBLIN RANCH SUBAREA 3 (IRONGATE), WALLIS
RANCH, AND JORDAN RANCH (PLPA 2015- 00045, 2015 -00046 AND 2016- 00647)
WHEREAS, the Applicant, Mission Valley Properties, proposes to develop 45 homes on
a 4.8 -acre site known as Parcel H, to provide a School site on a 3.7- acre site south of Central
Parkway within Jordan Ranch, and to develop 105 detached units on a 9,2 -acre site known as
Neighborhood 7; and
WHEREAS, the application for the proposed development includes a General
Plan /Eastern Dublin Specific Plan Amendments to change the land use designation of the 4.6
acre site located at 4233 Fallon Road (APN 985 - 0098 -008) between Central Parkway and
Jordan Ranch Drive from Mixed Use (MU) to Medium Density Residential (6.1 to 14.0 units per
acre), The land use amendment and proposed development on the 4.8 -acre site would reduce
the residential density for the site; however, this site is not on the Housing Element inventory of
affordable housing opportunity sites and the redesignation would not raise Housing Element
consistency issues; and
WHEREAS, the application also includes a General Plan/Eastern Dublin Specific Plan
Amendments to change the land use designation of the 3.7 -acre site located east of Fallon
Road and along the south side of Central Parkway (portion of APN 985- 0027 - 007 -02) from
Parks /Public Recreation to Public /Semi- Public; and
WHEREAS, in addition to the three sites in Jordan Ranch, the City of Dublin proposes to
amend the land use for two other sites. One site within Dublin Ranch Subarea 3 (known as
Irongate) is 10.4 acres. The other site within Wallis Ranch is 1.9 acres; and
WHEREAS, the General Plan/Eastern Dublin Specific Plan land use amendments
initiated by the City propose to change the 10.4 -acre site within Dublin Ranch Subarea 3 located
south of Central Parkway and north of Dublin Boulevard between Lockhart Street and Fallon
Road from Rural/Residential Agriculture (RRIA) to Parks /Public Recreation (P/PR) (portion APN
985 - 0027 -012); and
WHEREAS, the General Plan/Eastern Dublin Specific Plan land use amendments
initiated by the City_ propose to change the 1.9 -acre site within Wallis Ranch located along the
west of Tassajara Road north of Dublin Ranch Road (APN 986 -0045 -009) from Semi - Public
(SP) to Parks /Public Recreation (P /PR); and
WHEREAS, related applications for the properties referenced above also include
Planned Development rezoning with related Stage 1 and/or Stage 2 Development Plans, Site
Development Review, Vesting Tentative Maps, and/or Development Agreement amendments.
The proposed amendments, development and applications are collectively known as the
"Project"; and
Page 1 of 10
WHEREAS, consistent with California Government Code Section 65.352.3, the City
obtained a contact list of local Native American tribes from the Native American Heritage
Commission and notified the tribes on the contact list of the opportunity to consult with the City
on the proposed General Plan and Specific Plan amendments. None of the contacted tribes
requested a consultation within the 90 -day statutory consultation period and no further action is
required under section 65352.3; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations, require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. To comply with CEQA,
the City prepared and circulated a Mitigated Negative Declarations (MND) for the Project; and
WHEREAS, on September 22, 2015, the Planning Commission held a properly noticed
Public hearing on the Project, including the proposed General Plan and Eastern Dublin Specific
Plan amendments, at which time all interested parties had the opportunity to be heard ; and
WHEREAS, following the public hearing on September 22, 2015 the Planning
Commission approved Resolution 15 -08 recommending that the City Council not approve the
MND and proposed General Plan /Eastern Dublin Specific Plan amendments, which resolution
are incorporated herein by reference; and
WHEREAS, a Staff Report, dated October 6, 2015 and incorporated herein by reference,
described and analyzed the MND, the Project, including the General Plan and Specific Plan
amendments, and the Planning Commission recommendations for the City Council; and
WHEREAS, on October 6, 2015 the City Council held a properly noticed public hearing
on the Project, including the proposed General Plan and Eastern Dublin Specific Plan
amendments, at which time all interested parties had the opportunity to be heard; and
WHEREAS, on October 6, 2015, the City Council adopted Resolution 164 -15 approving
the MND and adopting a Mitigation Monitoring and Reporting Program and Statement of
Overriding Considerations; and
WHEREAS, the City Council used their independent judgment and considered the MND
and prior CEQA documents, and all above referenced reports, recommendations, and testimony
prior to approving the General Plan and Eastern Dublin Specific Plan amendments.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTHER RESOLVED that based on the entirety of the record, the City Council
finds that the General Plan and Eastern Dublin Specific Plan amendments are in the public
interest and that the General Plan and the Eastern Dublin Specific Plan as so amended will
remain internally consistent, and that the Eastern Dublin Specific Plan as amended is consistent
with the General Plan, as amended.
BE IT FURTHER RESOLVED that the City Council hereby adopts the following
amendments to the General Plan.
Page 2 of 10
A. Amend the Land Use Map (Figure 1 -1a) of the General Plan as shown below.
0 DUBLIN GENERAL PLAN
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B. Amend Table 2.2 in the General Plan to increase the amount of Medium Density Residential by
4.6 acres; decrease Mixed Use by 4.6 acres; increase Parks/Public Recreation 8.6 acres;
reduce Rural Residential /Agriculture by 10.4 acres; reduce Serni- Pgblic by 1.9 acres; and
increase Public/Semi- Public by 3.7 acres. (Table footnotes not included),
Page 3 of 10
C. Amend the Parks and Open Space Map (Figure 3 -1) of the General Plan to include the 10.4
acre site in Subarea 3 and 1.9 acre site in Wallis Ranch designated as Parks /Public
Recreation and remove the 3.7 acre site in Jordan Ranch that is redesignated as
Public/Semi Public in accordance with the General Plan Amendment consistent with the
adopted changes to the General Plan Land Use Map (Figure 1 -1).
D. Amend the Schools and Public Lands Map (Figure 4 -1) of the General Plan to include the 3.7
acre site in Jordan Ranch south of Central Parkway designated Public/Semi- Public in
accordance with this General Plan Amendment consistent with the adopted changes to the
General Plan Land Use Map (Figure 1 -1).
BE IT FURTHER RESOLVED that the City Council hereby adopts the following
amendments to the Eastern Dublin Specific Plan for Jordan- Ranch, Subarea3 and Wallis
Ranch.
Page 4 of 10
A. Amend the Land Use Map (Figure 4.1) of the Eastern Dublin Specific Plan to reflect the land
uses as follows:
B. Amend Table 4.1 in the Eastern Dublin Specific Plan to increase the amount of Medium Density
Residential by 4.6 acres; decrease Mixed Use by 4.5 acres; increase Parks /Public Recreation
8.6 acres; reduce Rural Residential /Agriculture by 10.4 acres; reduce Semi - Public by 1.9 acres;
and increase PubliclSemi- Public by 3.7 acres. All footnotes remain except to eliminate the
following footnote: * * *4.6 acres is the same acreage as listed in the Commercial and
Residential Mixed Use cells. The 4.6 acres under Residential is not included in the sum of
Residential uses in this table. 5,000 square feet of commercial and 115 units are anticipated on
the mixed use sites (total). The FAR for Mixed Use governs both commercial and residential
uses.
TABLE 4.1
EASTERN DUBLIN SPECIFIC PLAN
LAND USE SUMMARY
(Amended Per Resolution Nos. 66-03, 47-04, 223 -05, 58-07, 37 -08, 210 - 081176 -090 76 -10, 55.12,
92-12,210-12,198-13,19-14, 59 -14
Land Use Description
LAND AREA
DENSITY
YIELD
COMMERCIAUIN DUSTRIAL
General Commercial
356.8 acres
.25 -.35 FAR
4,122 MSF
General Commercial/Campus Office
87.02 acres
.28 FAR
Figure 4.1
Industrial Park*
61.3 acres
25 -.28 FAR
Land Use flap
Neighborhood Commercial
57.89 acres
.30 -35 FAR
.812 MSF
Mixed Use
0 acres
130 -1.0 FAR
0 MSF
.rw.+nr
�Yi,S T r
a....rrrr
.Parks Reserve Forces Training Area
(Camp• Parks)
ua• o.s.�rm.M
n w.eae
•�a4 �1. '1 Iw1
pq 111n
B. Amend Table 4.1 in the Eastern Dublin Specific Plan to increase the amount of Medium Density
Residential by 4.6 acres; decrease Mixed Use by 4.5 acres; increase Parks /Public Recreation
8.6 acres; reduce Rural Residential /Agriculture by 10.4 acres; reduce Semi - Public by 1.9 acres;
and increase PubliclSemi- Public by 3.7 acres. All footnotes remain except to eliminate the
following footnote: * * *4.6 acres is the same acreage as listed in the Commercial and
Residential Mixed Use cells. The 4.6 acres under Residential is not included in the sum of
Residential uses in this table. 5,000 square feet of commercial and 115 units are anticipated on
the mixed use sites (total). The FAR for Mixed Use governs both commercial and residential
uses.
TABLE 4.1
EASTERN DUBLIN SPECIFIC PLAN
LAND USE SUMMARY
(Amended Per Resolution Nos. 66-03, 47-04, 223 -05, 58-07, 37 -08, 210 - 081176 -090 76 -10, 55.12,
92-12,210-12,198-13,19-14, 59 -14
Land Use Description
LAND AREA
DENSITY
YIELD
COMMERCIAUIN DUSTRIAL
General Commercial
356.8 acres
.25 -.35 FAR
4,122 MSF
General Commercial/Campus Office
87.02 acres
.28 FAR
1.054 MSF
Industrial Park*
61.3 acres
25 -.28 FAR
.747 MSF
Neighborhood Commercial
57.89 acres
.30 -35 FAR
.812 MSF
Mixed Use
0 acres
130 -1.0 FAR
0 MSF
Page 5 of 10
TABLE 4,1
EASTERN DUBLIN SPECIFIC PLAN
LAND USE SUMMARY
[Amended Per Resolution Nos. 66-03,47-04,223-05, 58-07,37.08,210-08,176-09,76-10,55-12,
92-12,210-12,198-13,19-14, 159 -14
Land Use Description
LAND AREA
DENSITY
YIELD
Mixed Use 2/Campus Office * * * **
25.33 acres
.45 FAR
.497 MSF
Campus Office
153.01 acres
.35 -.75 FAR
2.986 MSF
Subtotal
741.35 acres
Commercial
10.218 MSF
RESIDENTIAL
Industrial Park
High Density
58.74 acres
35 du/ac
2,456 du
Medium High Density
156.61 acres
20 du/ac
3,132 du
Medium Density**__
482.06 acres
10 du /ac
4,820 du
Single Famil * * **
947.25 acres
4 du/ac
3,789 du
Estate Residential
30.4 acres
0.13 du/ac
4 du
Rural Residential /A ric.
539.55 acres
.01 du/ac
5 du
Mixed Use
0
0 du
Subtotal
2,214.56 acres
13,806 du
PUBLICISEMI- PUBLIC
Public /Semi- Public
96.8 acres
.24 FAR
1.012 MSF
Semi - Public
8.6 acres
.25 FAR
094
Subtotal
105.4 acres
1.106 MSF
SCHOOLS
Elementaty School
66.5 acres
5 schools
Junior High School
21.3 acres
1 school
Subtotal
87.8 acres
PARKS AND OPEN SPACE
C4 Park
56.3 acres
1 Rark
Community Park
93.3 acres
3 arks
Neighborhood Park
50.9 acres
7 parks
Neighborhood Square
16.7 acres
6 parks
Natural Commuri Park
90.4 acres
1 park
Subtotal
227.6 acres
18 parks
Open Space
684.06 acres
TOTAL LAND AREA
4060.77 acres
C. Amend Table 4.2 in the Eastern Dublin Speck Plan (footnotes not included):
TABLE 4.2
EASTERN DUBLIN SPECIFIC PLAN
POPULATION AND EMPLOYMENT SUMMARY
(Amended Per Resolution No. 47.04, 223 -05, 58 -07, 37-08,176-09, 75 -10, 55 -12, 92 -12, 210-12,198-13,19-14,
158 -14
Land Use Designation
Development
Sq Ft/
Personsfdu
Population
Em to ees
Commercial
Industrial Park
747 MSF
590
1,266
General
1.054 MSF
385
2,738
Commercial /Campus
Office*
General Commercial
4.122 MSF
510
8,082
Page 6 of 10
TABLE 4.2
EASTERN DUBLIN SPECIFIC PLAN
POPULATION AND EMPLOYMENT SUMMARY
(Amended Per Resolution No. 47.04, 223 -05, 58 -07, 37- 08,176 -09, 78 -10, 55 -12, 92 -12, 210 -12, 198 -13, 19-14,
159 -14
Land Use Designation
Development
Sq Ftf
Em to ess
Personsldu
Population
Neighborhood
Commercial
.812 MSF
490
Ratio
1,657
Mixed Use
0 MSF
490
0
Mixed Use 2/Campus
Office***
.497 MSF
264
12,400
1,910
Campus Office
2.986 MSF
250
11,485
PubliclSemi Public
1.012 MSF
590
13,806
1,715
Semi - Public
094 MSF
590
Specific Plan
159
TOTAL:
11.324 MSF
29 012
Resldendal
20,906
41,222
34,366
-S'865
High Density
2,056
2.0
4,112
Medium High Density
3 132
2.0
6,264
Medium Density
4,749
2.0
9,498
Single Family***
3,789
3.2
12,125
Estate Residential
4
3.2
13
Mixed Use
0
2.0
0
Rural ResidentiallA ric.
5
3.2
16
TOTAL:
131735
32,128
D. Amend Table 4.3 (footnotes not included).
TABLE 4.3
CITY OF DUBLIN
PROJECTED JOBSIHOUSING BALANCE
Amended Per Resolution No. 223-05,5M7, 37-08,178-09,76-10,55-12,92-12,210-12,1 13 19 -14, 159 -14
PLANNING
Dwelling
.lobs
Employed
Balance
Ratio
AREA
Units
Residents
Existing City of
7,100
12,210
12,400
-210
1.02:1.0
Dublin
Eastern Dublin
13,806
29,012
22,366
-5,646
1.30:1.0
Specific Plan
Area
TOTAL:
20,906
41,222
34,366
-S'865
1.32:1.0
E. Amend Section 4.8.4 Parks and Open Space to include the fallowing definition of a Natural
Community Park (Insert after Neighborhood Square).
Natural Community Park. Natural Community Parks of varying size offer a variety of passive
recreational opportunities that attract a range of age groups of people looking for a more
serene park experience as further described in the Parks and Recreation Master Plan.
Natural Community Parks should feature areas that are primarily un- programmed and more
natural in appearance, often including features that have historically exited on site, such as
hills, creek or wetland features, or man -made structures such as bridges or small buildings.
Page 7 of 10
...t �..1 H .M...n. �. -Hi. Ali. .�?16�wafN^�i'tiT',rw.•/.M+1.�tt eM ��•�m+.�yn'
Examples of uses include trails, sitting areas, wildlife viewing area and nature interpretive
areas with signage.
F. Amend Table 4.6.
TABLE 4.6
TOWN CENTER -- RESIDENTIAL
SUBAREA DEVELOPMENT POTENTIAL
Desi ation
Acres
Density
Development Potential
jPj,h Density
33.6
35 du/ac
908 du
Medium High Density
44.9
20 du/ac
852 du
Medium Densi
189.0
10 du/ac
1,949 du
Single Family
89.2
4 du/ac
399 du
Subtotal
356.7
---
4,108 du
Open Space
49.8
---
--
Ci Park
56.3
_ -_
1 park
Communi Park
80.6
Neighborhood Park
11.6
--
2 parks
Neighborhood Square
7.5
---
5 parks
Natural Communi Park
10.4
---
1 park
Semi - Public
--
- --
0 msf
Subtotal
216.2
---
Elernentarz School
31.1
- --
3 schools
TOTAL
604
---
4,108 dwelling units
10 parks
3 elementary schools
G. Amend Table 4.9.
Page 8 of 10
TABLE 4.9
FALLON VILLAGE CENTER
SUBAREA DEVELOPMENT POTENTIAL
Designation
Acres Density
Development Potential
Medium Density Residential
37(l) 10 du/ac
416 du
Medium High Residential
16,7 20 du/ac
334 du
Residential Subtotal
53.7 --
750 du
Neighborhood Park
2.7 --
--
Community Park
14.6 --
--
Public/Semi Public
5.7 --
--
Open Space
3.6 --
--
Park/Open Space Subtotal
20.9 --
1 community park
1 neighborhood s uare
Semi,- Public
6.2 --
w
Total
87.4 --
70,032 sf commercial
87.9 du
Page 8 of 10
1 community park
1 neighborhood s care
1 • Underlying Medium Density Residential on Jordan school site now shown (PLPA 2010.00068)• Up to 105 units possible and determined at
Stage 2 Development Plan,
"Note: The prior Junior High School land use designation has been changed to Medium -High Density Residential,
H. Ai
I. Maps to be updated in accordance with the land use amendments:
Figure S.1- Open Space Framework
J. Appendix 3: Eastern Dublin Specific Plan Land Use Summary by Planning Subarea will be
amended to reflect land use amendments.
K. Appendix 4: Eastern Dublin Specific Plan Land Use Summary by Land Owners will be
amended to reflect land use amendments.
BE IT FURTHER RESOLVED that this Resolution shall take effect thirty days after the
date of adoption.
Page 9 of 10
vote: PASSED, APPROVED, AND ADOPTED this 6th day of October, 2015, by the following
AYES: Councilmembers Biddle, Hart, Wehrenberg, and Mayor Haubert
NOES: Councilmember Gupta
ABSENT: None
ABSTAIN: None
ATTES
r
City Clerk
Reso No. 195 -15, Adopted 10 -6-15, Item 6.1
Page 10 of 10
r
v k'. 4
Mayor
Attachnicnt 3
OPTION TO GROUND LEASE
This Option to Ground lease (also referred to lierein as the "Option" or "Option
Agreement ") is entered into tliis _ (lay o , 2016 ( "T:ffective Date "), by and
bttwcc,ii the City of llublill, a municipal corporation ( "City "), aild the DLlblul Unified School
District, a Callforilla public school district ("District").
RECITALS
A. City is the owner of all appro�iinatcly 10 -acre parcel of real property (.A.PN 985 -
0098 -002) that is more. particularly described a11d depicted ]ll tllt. form of the Ground Lcasc
attached hereto as Exhibit A ( "Leased Premises "), wliicli parcel is adjacent to a Planned
approximatelti 7 -acre community part: site.
B. District desires to lease the Lcastd Premises for the construction gild operation
(-)t school and joint use playground and park facilities.
C. City desires to lease the leased Premises to [lie District on the terms [lie parties
have negotiatt.d upo11 the District satisfying ccrtaill conditions.
D. In order to fulallc.e a11d develop the school and bark facilities, the District ileeds
an option to lease the leased Premises in order to satisCy the site control requirements o C the
State of Callforma.
E. Ac.cordlikoy, the parties are Cnterlilg ltlto this Optlotl ?igrcciilt.ilt oil the teri115
and conditions set fortli lierein.
NOW, THEREFORE, for good and valuable consideration, the receipt and suf[iciencti
of which are hcreb�° ac.kilo� %7ledgt.d, tilt. Parties hereby agree as follows:
1. Kc- cltals. The forcgoing recitals are hereby lflcorporated lilto this Agreemellt a5
tliougli Cully set Cortll lierein.
2. Grant of Option. City hereby grants to District an t_xcluslvc option to least. the
Leased Premises ('Option ") purs-Liant to the terills and coildltloils st.t forth licrelil.
3. Oo[ion Fee. Upon execution and delivery of this Option Agreement, District
sliall pay to City in immediately available [unds [lie sum of One Dollar ($1.00) as consideration
for the grant of the Option ( "Option Fee "). 'I'llis C )ptioll Fee shall be credited toward the first
Tear's rent under the Ground lease, and sliall not be re[undable if District decides not to
exercise its Option to lease [lie Teased Premises.
4. 'I'crin. Option shall be t_xercisable by District, prodded that it has first satisfied
the c.onditiolls st.t forth ill Scc.tion 5 below, at any time. during tllt. one (1) year period
commencing upon the Effective Date ( "Option Term "). The Option sliall terminate on [lie
date that is one (1) year followi11g the Effc.c.tiv e Date.
Attachnicnt 3
5. Collditiolls to Effec.tiv elicss of Optionn.
5.1 Prier to exercise of [lie Option, [lie District shall provide evidence to [lie
City Manager tliat indicates it has satisfied [lie following requirements:
5.1.1 District Board of Trustees' approval of the use of tllt. Leased
Premist.s as a school site..
5.1.2 Written confirmation, approved bti [lie District Board oCTrastees,
of the sourc.t.s a11d availability of adequate fitla11ci1ig to c.ollstruc.t tllt. School Site Improv c1li .nts
and Park Site Improv cilic.nts along with a schedule for c.onlpletioll of the work.
5.13 City staff review of the construction Plans appro ed by the
California Department of General Services Division o the State Architect (DSA ") for the
School Site Improvements.
5-1 .4 City staff approval oC the plans for the Park Site Tmprovements
submitted to DS Ili at shall be attaclied to [lie Ground lease as T xllibiI D, wliich shall include
storm water treatment for the entire. site.
5.1.5 Award of a contract for c.onstructioll of the Leased Premises as
reflected in [lie DSA- approved Construction Plans.
5.1.6 Tiny changt.s to park plans Shall be subject to disc.usslotl between
the parties a11d DSA approval. District shall provide plans to City upoil Subilllssloll to DS A.
City shall provide any comments witliin thirty (30) days of submission. Failure to provide
connments Within thirty (30) (lays sliall constitute approval of the plan. All comments or
propost.d cliangt.s shall be Sub1cc.t to DS A alld all other required approvals. The parties Shall
meet alld c.ollfc.r rCgard1i g any addltlollal costs for City-proposed cllallges.
5.2 The City may waive, anv (-)f the conditions during the Option Term.
6. Exercise of C )ptloll.
6.1 To exercise the Optlotl, District shall personally deliver to the offices of
[lie City ;Manager writ[en notice (-)f its iiiteiit to exercise the Op [ion ('Notice o Exercise ") prior
to the expiration of [lie Option Term, wliich notice sli all demon s[rate the District's satisfaction
of the rt.quiremcllts st.t forth ill Scc.tioll 5 above.
6.2 Simultaneously with delivery of [lie No lice of Exercise, District shall
deliver an executed Ground lease in the form attaclied liereto as Exhibit A, under wliich
District Shall least. the Leased Premises from the City. The Groulid Lease shall ilot be cffectivc.
for any purpose uillc.s5 District timely alld efft.c.tivtly exercises the Optloll. The effc.c.tive data. of
[lie Ground Tease shall be [lie day District exercises [lie Option. To [lie extent of any
lticoiis1stci1c1cs bctwccii the Grouild Lcasc and the Option Agrccilltllt, the Option Agrccilltllt
shall prevail. Upon District's effective t_xc.rcise of the Option, the City lllallagt.r shall promptly
execute the Ground lease.
?ittachnicnt 3
Cooperation of flit. Parties. City a id District shall cooperate in District's efforts
to secure any and all Funding and site approvals for development o C the Leased Premises as
anticipated in the Ground Tease.
8. Right to Ellter Leased Prcnlises
8.1 Access to Leased Premises. C.OI1 meilcltlg with c_xccLitloil Of this Optioil ,
District or District's representatives, after written no[ificatlon to City, shall be allowed access to
the Leased Premises prior to the c_xcrc1SC Of the Optloil, at all reasoilablc. times for the purpose.
of Obtaltling data aild iila"ig Surveys, tests, 1t1Spc.c.timis a id other studies, g7rading aild Other site
work, at District's sole expense, necessary to carry out this Option and Ground lease or as
required by California state regulatory agencies.
8.2 District Sllall procure gild maliltaltl (gild require wily' of its reprCSCiltatiVCS
entering [lie leased Premises to procure and maintain): (i) workers' compensation insurance
required by the lags oC the State o C CallCorl -iia; (ii) commercial general liability insurance in [lie
amomit of at least Five. Million Dollars ($5,000,000) Combiilc.d s111g1C llnllt, ilallllllg CltV as all
additional insured alld colltaiilillg a cross liability cildonnemcllt or severability of illtc.rests clause;
and (iii) with respect to any contractor or consul [an t conducting environmental, soils or
gc.ological tests, perfornling, inspec.tillg, Obscrviilg or SupervLsitlg wily' g- rading or other site work,
commercial gc.iicr -,d Eability insurance, lli flit. amount of at least Oiic. MiLlion Dollars ( 1,000,000)
combined single limit. District shall, prior to the First entry by -District and/or its
representatives, Furnish certificates o such insurance coverage to City. Such certificates shall
contani a clause providing for thirty (30) days' advallcc. Notice of c.allcellatioll or material change
lil coverage.
8.3 Ttidemnification Resulting From Access. - District shall indemnicv and
hold harmless City of aild from any and all mechaillc}s heiis, claims, ac.tloiis, liabilities, costs,
expciises, lilcludlilg attoriicy s' fc.c.S, aild da111agcs of any type or ilaturc. arlslilg out of or in any
wav related to anv such use (-At or en[ry onto [lie Leased Premises by - District or by anv other
Person or entity on behalf of, or at the request 4, District, excluding any losses or damages,
lticludltlg but ilot llnllted to a rc.ductioi1 M the valuc. of tllc. Leased Premises, resulting from any
finding or results o C any surveys, s, tests, inspections or other studies, w1ie Ili er or not negligent.
9. Miscellaneous Proyisioms.
9.1 Notices. 'ill iiotices, requests, dc.inallds, aild Other conlnluillc.atimis
licremider Shall be lil writing and shall be deemed givcil, if pc.rsollally delivered or mailed,
certified mail, return receipt requested, to the following addresses:
If to City, to: City LLMaiiager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Willi a copy* to: john Bakker, Esq.
City* Attorney
Attachnicnt 3
11 cvcrs, Nave, Ribac.k, Silver & V ilsnn
555 12r11 Street, Suite 15[1[1
Oakland, CA 9407
If to District, to: Superiilteildcllt
Dublin -Unified School District
4'71 Larkdale veiluc
Dublin, C;'s 94568
Willi a copy to: ]Ilarilti n 3. Cleveland, Esq.
Damns Woliver Kelley
275 Bat[ery Street, Suite 1 150
San Francisco, CA 94111
9.2 ssif iliiiciit. District may iiot assign this Optloil without the prior wrlttell
cn115L'llt of C1tV.
9.3 Successors and Assi( is. "This Option Agreement shall be binding upon
aild inure to the benefit of the parties, their respective Suc.c.t.SSors, j)crsoilal represci1tat1Ves, -,aid
assigi1S.
9.4 Autliori -. City and District represent tliat each, respec[ivelv, has [lie Cull
right, power, and authority to execute this Option Agreement.
9.5 C � ov riling Law. 'Phis Option Agreemeilt Shall be coiistrutd ill
ac.c.ordallcc with the laws of flit. State of Califnrilia.
9.6 Partial Tnvalidity. T any term of [leis Option Agreement is Cound to be
Void or invalid, such li1ValldltV Sllall Tint afft.c.t the remalilltlg terms of this Optlnil greemeilt,
which shall cnntinut. ]l1 full force. alid effc.c.t.
9.7 C:ountemarts. This Option Agreement may be executed in counterparts,
eacli of w-hich sliall be deemed an original, and all of wliicli taken together shall constitute one
aild the Sa111c 111struilicilt.
IN WITNESS WHEREOF, this Option Agreement was executed by [lie Parties as of
[lie dates set forth below.
LESSOR LESSEE
CITY OF DUBLIN DUBLIN UNIFIED SCI 10 OL DIS'1'RIC'1'
By:
Name
City Manager
Date:
B v:
Name
Superintendent
Date:
2605755.1
Exhibit A
Form of Ground Lease
Exhibit A - Form of Ground Lease
Attachintnt 3
Attachnic.nt 4
GROUND LEASE BETWEEN THE CITY OF DUBLIN
AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR
THE SCHOOL /PARK SITE IN JORDAN RANCH
This Ground Tease (also referred to lierein as [lie "Lease" or "Lease Agreement ") is
clltert.d into this dad° of , 2016, by a11d bctwccn the City° of llublitl, a
111Llnlclpal c.orporatlotl l'Lessor "), and the llublitl Unified School District, a California public
scliool district ( "Lessee ").
RECITALS
A. Lessor is the ownc.r of an appro�imatcly 10 -acre parcel of real property ( PN
985 - 0098 -002), that is more particularly defined below (the "Leased Premises "), located in [lie
City of Dublin, County of Alameda, State of California, w- hich Parcel is adjacent to an
approx-imatcly � -acre plamied commu11ity park site..
B. Lessee desires to lease the Leased Prtillises from the Lessor for the construction
and operation o C a scliool and joint -use playground and co nmunity park.
C. Lessor atld Lessee cmitemplate that dLlrltlg tllc. tt.rm of this Lease, Lessee Shall
have c_xclusivc access to the school facilities a11d both Lessor a11d Lessee shall have the right to
joint use of [lie playground and park facilities as detailed in [Ills Tease.
D. Accordingly, the parties are entering into this lease Ag- reement on [lie terms and
conditions sc.t forth licreul.
AGREEMENT
Tn consideration o their mutual covenants, and for good and sufficient consideration,
the parties ag-rce as follows:
1. Leased Premises. Lessor leases to Lessee atld Lessee leases from Lc.SSor the
Teased Premises depicted on the map attached liereto as Exhibit A ( "Location flap ") and
incorporated herein by reference. A legal description of the leased Premises is attached hereto
as Exhibit B and incorporated licreill by reft.rcnce.
2. Term. The term of this Tease shall be ninety -nine (99) tiears, commencing on
[Inserl 1)ralr of F:',xeM'Xe a% Oplronj ( "Commencement Date ") and ending on f hzsra 9911) crrr llvr jsevy a%
(.'owrveneeweaat Date]
Rc.11t. Lessee shall pay Lessor as retlt for the Leased Premises the SL1t11 of Oiic
Dollar ($1.00) per year ( "Rent "), payable in advance on an annual basis. Lessee shall pay Lessor
the first year's Re11t on tl1c. Colnlnc.ncc.lnc.11t Date. Lessee shall thereafter pay Lessor Rc.nt
amivally° 111 adva11cc o11 or before each aiu11vc.rsary of the Commc.ncc.lnc.11t Date.
Page 1
Attachnicnt 4
4. Taxes. lessee recognizes and understands that this lease may create a
possessory ttlterc-st subl'cct to property taxatlotl, aild that Lessee may bt sublt.C.t to the llaVil1t.11t
of property taus levied nil such interest. Lessee further agrees to pay any gild all property taus,
if a iv, assessed during the Term of this lease pursuant to Sections 107 and 107.1 of [lie
lZcVc-ilLic. aild l axatlnil Code agaliist Lessee's possessory ttlterest i11 the Lc.ast.d PrcmistS.
7. Use of Leased Premises. Attached to this Lease Agrcciiiciit as Exhibit C aid
incorporated herein by reference is a scliematic design of [lie leased Premises (the "Plan ") that
identifies an approximate) 3.; acre, portion of [lie leased Premises as being devoted to the
sC.hnnl facilities ( "Building Site ") aild a portio11 of tlic. Leased Premises as bting devoted to the
joint use playground and part: facilities ( "Park Site "). The Building Site and [lie Park Site are
collectively referred to as the "Scliool Site." lessee sliall use the School Site exclusively for
public school purposes, L1111ess otlic.rkvlsc aLlthorizcd by the Lessor ttl writing. flit. School Site is
currt.11tly plailnt.d for Trailsitioilal 1, indcrg7artcil through 8th grade school, aftcrschool
childcare and ether purposes Pursuant to [lie Civic Center Act, Education Cede section 38130
et sccl. Lessee shall notify Lessor if it determines that it will discoiltitluc operating the Building
Site for public cdLicatioil.
3.1 Witliin one (1) year fro n [lie Commencement Date, the lessee shall
provide evidence to Lessor's City )Manager tliat indicates it has satisfied [lie following
rt.quircincilt:
3.1.1 Califorilla Department of EdLicatlon approval of the use of the
Leased Premises as a school site.
5.2 Lessor aild Lessee shall meet at least annually' to coordinate their jo111t Lise
f the Park Site. Tlie discussion shall include scheduling_, maintenance standards, and ether joint
use issues o C concern to [lie parties.
7.3 B Lllldililz Site.
5.3.1 Lessee sliall, during [lie Term of tliis lease at its sole cost and
expense, constrict, operate, and maintain [lie ,cli(-)(-)l facilities ( "the School Facilities ") on [lie
BL11ld111g Site. Collstructlotl of the School l"aC111tlt.s shall be performed SLlbsta11t1a11V accordlilg to
the Collstructlotl plans attached to this Lease Agreement as Exhibit D ( "Collstructlotl Plails ")
and incorporated lierein by reference. The Scliool Facilities, Construction Plans and alterations
In the School Facilities on the Bmldlilg Site will be subject to approval by the Califorma
Department of General Services Division of tlic. State. 'architect ('DSA"). Lessee changes to the
Constriction Plans tliat impact the Lessor's ;Municipal Reg onal Stormwater Permit shall be
subject to Lessor's reasonable approval. lessee sliall provide lessor evidence (-)fi7SA closeout
a11d ccrtlf-lcatloil of the School l"aC111tics upotl C.oillpletio11 of coiistrL1C.tio11. The Lessor relay, bLlt
sliall not be obligated to, observe the work during construction. lessor agrees to make all
reasonable efforts to no 11 C the lessee of Lessor's plans to observe work on [lie Building Site.
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Lessor's City Manager may approve or disapprove alterations to [lie School Facilities on the
-Building Site oiily if the alterations impact the design or use of the Park Site.
5.4 Park Site.
5.4.1 Lessee sliall, at its sole cost and expense, constrict and maintain,
except as otherwise specified below, the joitlt use hark facilities ( "tilt. Park Site Improvements ")
oil the portio11 of the Leased Premises des1747111ted oil tilt. Plan as the Park Site. C.oiistruc.tloll of
[lie Part: Site Tmprovements shall be performed according to [lie Constriction Plans. The
Lessee may make alterations in [lie Park Site Tmprovements, subject to [lie reasonable approval
of the Lessor's City Alaliager. It is ac.kilo�,%71cdged that at least a portion of flit. Park Site
Tniprovements will be approved by the Division of State Architect. The Lessor matt, but shall
not be obligated to, observe the work during construction to ensure [lie Part: Site Tniprovements
are c.omplt.ted i11 ac.cordalice with the C,onstruc.tion Plans. Lessor agrees to makc. all rcasoilablc
efforts to 1lotify the Lessee. of Lessor's plalis to observe work on tilt. Park Site. Lessee shall g7iv c
Lessor regular updates regarding constriction conferences..
5.4.2 'fiat. Park Site shall be, following Lt.sscc's compIction of
collstructioil, Subject to the parties' joltlt use as gei orally described 111 the followil g paragraplis.
(a) Veliicular and Pedestrian Access Area. Tioth parties sliall
Dave joint use of a portion of the Part: Site, depicted on the Plan that is designed Cr both
(i) public vthlcular parking aiid pedestrian access from C ciitral Parkway to the plailiied
coal muillty park site located south of the Leased Premises, aiid (ii) vehicular parking a11d
Pedestrian access to the School Site ( "Access Area "). The ;'access Area shall be open to public
LISe durlilg those times wheii tilt. Park Site is iiot bting used by the Lessee for School purposes.
5.4.3 loitit Use Park Facilities. Lessee shall furnish a schedule. of
published open school hours pursuant to the school's bell schedule plus thirty (30) minutes
before and after school ( "School Hours ") to lessor prior to the start of each school year. Anti
day that School 15 111 scssloil, Lessee shall have cxduslvc LISe of the Park Site for school purposes
during School Hours. Tt the Lessee is utilizing portions of the Park Site Cr afterschool cliildcare
or Cr anotlier permissible use, the Park Site can be Jointly used by Lessor and Lessee ( "joint
I lours "). Lessor shall have c.oiltrol over the use of tilt. Park Site Iillprovemcilts oil tilt. Park Site,
other tllall the multi - purpose room, for other tltlics outsldt. of School 110un- and )olllt f lours.
The multipurpose room, despite its presence on [lie Park Site, sliall be considered a Lessee
property Subject to Li se by Lessee durlilg School I lour- and the Secoild ?inicilded Agreement
Betwee11 Cite of Dublin (Lc-.s-,or) a11d Dublin Uilifit.d School District (Lessee) Regarding Use of
Facilities Cr Community Recreation of even date lieret.iIli, except Ili at Lessor shall not be
charged any fees for its use of the multipurpose room. Not- i[listanding the Cregoing, lessee
may reserve all or portions of the Park Site, outside of School hours, te11 (10) or more tunes
eacli school year Cr school- related uses deemed appropriate by Lessee, witli the reservation
being limited to no more than [lie area reasonably required for [lie Lessee's use. The parties may
mutually agrt.t to t_xte11d the 1luinbcr of rtscrvations allowed per school year. I11 all cases,
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Lessee's exclusive use o the Park Site during non - School Hours shall be consistent wi[11
Lessor's policy of securing the maaiinum use. of its barks for the comfort and conveiucllce of all.
6. Collstruc.tion Standards. All improvemc11ts shall be c.ollstruc.ted or installed on
[lie Teased Premises in a good and workmanlike manner witliout the attachment (-)t any
coilstruct1011, illt.cllatllcs, or otlic.r lit.ils, atld Li.SSt.c Sllall hold Lessor free aild harmless from atly
liability arising from such liens.
7. Permits. lessee sli all comply with all applicable law, s related to [he construction
(-)t the School Facilities and the Park Site Tniprovements. lessee shall be responsible for
cllsurillg that the Park Site Improv cnic.ilts art. consistent with applicable federal, state, a id local
requirements.
;Maintenance and C_)oeration.
8.1 Lessee Shall, at its, owil cxpt.iisc, maiiltaui the Leased Premises, lticludltlg
both the School Facilities atld the Park Site Improvcnitilts, ltl a Safe cotldltloii aild lil good
repair.
8.2 Lessee Shall have Sole respoiisiblllty for the illalilttllaticc, repalr, a11d
St.c.urity of any buildings and other iinprovclncllts a11d pt.rsonal property nn the Lt.ast.d
Premises, and shall keep the same in good repair and condition during the Term.
8.3 Lessee shall keep the Teased Premises free oCgraffiti, debris, and anv[hing
of a dangerous, 11oxious, or offelisive ilature, or which creates a hazard or uildue vibrat1011, heat,
1101st, or 111tL'- &- relice.
8.4 Lessee shall maintain the Park Site according to standards agreed upon
from time. to tune by Lessor a11d Lessee. The parties agree that, as of the date of this Lease, the
111aiiltt.ilailcc staildard is cquivalctlt to the Standard t0 which Lessee 111aiiltaltl5 it-, facilities. If at
any time Lessor desires a higher standard of maintenance than that agreed upon, then Lessor
may, at Lessor's sole cost and expense, request that lessee maintain the facilities at a higher
level.
8.5 NoMv.ithslanding any rules and policies Lessee may presently have or may
adopt in the future, during the Term, Lessee shall not charge Lessor a tee to use, or o[henvise
imposc costs oil Lessor for the use of, any portion of the School Site. This provisloii Shall ilot
be interpreted to give Lessor the right to use the Builditlg Site or Park Site other t}ha11 as
established by this Tease or separate agreement bemv.een the parties.
9. Utilities. Lessee shall pay or cause to be paid, and Sllall hold Li.SSOr aild the
Leased Premises free and harmless from, all charges for the furllishatlg of gras, water, c1cc.trlclty,
telephone service, and other public utilities to the Teased Premises, and Cor the removal oC
garbage and rubbish from the Teased Premises during the Term of this Tease.
10. Default by Lessee a11d Lessor's Kc- mcdit.S.
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10.1 Tf Lessee is in default, Lessor shall provide lessee written notice of [lie
default. Within thirty (30) days after such writteli Notice, the parties shall illformallv discuss the
mamit.r in Which to efficiciltly remedy the matter. If Lessee has failed to cure such default
within thirty (30) days after the Parties informally meet and confer, lessor may, at its option,
perforiii such duty or obk�itioli giving rise. to the. default nn behalf of Lessee, iticluditlg, but riot
Iunitt.d to, the obtaltling of requirt.d 1tisura11ce pollcics or government Eceiisc.S, permits, or
approvals. The costs and expenses of anti sucli performance by lessor sliall be due and patiable
by Lessee within ten (10) business days of receipt of invoice therefor. Tn the event of a default
which Lessee has failt.d to cure withili the applicablc g-racc period, Lessor may, after further
notice or demand, and witliout limiting lessor in [lie exercise of any rigllt or remedy t .liicli
Lessor may leave by reason of sucli default, pursue any remedy now or liereafter available under
the laws of the State of Cahforliia. Notwithstanding the foregoing, giveli that the Leased
Premises wiU be operated as a public school, Lessor's remedies ltl the L'.vciit of default Shall iiot
include a rigll[ to terminate the Tease, so Iong as [lie leased Premises are actually being used in
ac.c.ordalicc. with Section 5 above at the tune of the allegt.d default.
10.2 If suit shall be brought by Lessor because of the. breach of and° cnliditioll
or covenant (-)f this lease Ag- reement, Lessee sliall pav to Lessor all expenses incurred therefor,
including reasonable at[ornevs' fees.
11. C )ptiomd 'I eriTllTlatioii. This Lcasc may be teriilinatt.d by:
11.1 Lessee, upon writteli Notice to Lessor, if it dctcriiiilits that it is lio lnngt.r
practical to use [lie leased Premises for public school purposes.
11.2 Lessor, upoii illTlety (90) days' wriacii nnticc. to Lessee, if the Leased
PremiscS art. 110 Imiger used for public. School purposes atld Lessor detcrmiticS, 111 its Sole
discretion, that [lie leased Premises are needed for a public purpose of Lessor.
12. C:ool2eration of [lie Parties. Lessor and Lessee sliall cooperate in Lessee's efforts
to secure -,uiv and all fundillg approv-,ds from state agt.ilcics for dc.v clopintllt of tilt. Leased
Premises as anticipated in this Tease.
13. Condemnation. Tn [lie event that all or part o the leased Premises or anv
itltert.st of Lessee i1l the Leased Premises is takell by ciiliilt.ilt doim iii by ally govcrimicilt
ageiic.y, quasi- govcrmilt.iltal agt.ilcy, or other public bode other thall by the Lessor, thereby
making it pliv, sically or [inanciallti unfeasible, as determined by Lessee in its sole discretion, for
the Leased Premises to be used in the mailller it was illtelldcd to be used by Lessee under this
Lease, Lessee shall have the right to tcrillltlatc this Lease cffectivc. as of the date the cmidemillilg
agency takes possession of [lie Teased Premises. lessee shall be entitled to the portion of the
award paid attributable to 1) the diminution in value of its leaseliold interest, and 2) the value of
builditlgs and other School Facilities, Park Site Improvemellts, alld personal property nil the
Teased Premises, and Lessor shall receive [lie remainder of such ate ard.
14. Tndemnit:.
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14.1 Tndemnification b�- Lessee. Lessee sliall, at its sole cost and expense,
defciid, ltldemillfy, 1110 hold harmless Lessor, 1110 its officials, board S, Cott missloi1S, emplovices,
ageilts, attorticvs, aild representative -S (lic-re111aftcr referred to as "Lessor's Ii1dL'mi11tL'cs "), from
and against:
14.1.1 ?any gild all habihty, obligatioil, dainagcs, peilaltics', clauns, lens,
Costs, Charges, losses, gild cxpciiscs (lticludltlg, without li- mitatloil, re1So11ab1c.. fees and cxpciiscs
opt attornetis, expert witnesses, and consultants), which may be imposed upon, incurred by, or
asserted against lessor or Lessor's Tndemnilees bti reason of anti act or omission of Lessee, its
persoilticl, employees, ageilts, or rct)resciltativ es, resultlilg 111 personal ltl'urv, bodily injury,
sickness, disease, or death to any person, or damage to, less opt, or destruction ()t tangible or
intann ble pro�pertGT, �� llicll ma�T arise out opt or be in any way connected t� itll the construction,
1tistallatio11, operatio11, ma iitt.Tlatic.t., use?., or Coilditloil of tilt. Lc.ast.d Premiscs, or Lessee's failL1rc
to comply with ally federal, state., or local statute, ordiilailct, or rcgLilatioll.
14.1.2 Lessee's obligations to indemnilh- Lessor or Lessor's Tndemnitees
mider this Lease Shall ilot CYtctid to claltlls, losses, aild other matters covered hercuildc..r to the
CYtciit Such C1a1111S arise oLit of tilt. ilegllgeilcc.. or willful t111SCo11dLlc.t of Lessor or o11C or more of
Lessor's Tndemnitees.
14.2 Tndemnification b�- Lessor. Lessor shall, at its sole cost and expense,
defciid, ltldemillfy, aild hold harmless Lessee, aild its officials, board S, Coniiii1Ssloi1S, Cillplovccs,
ageilts, attorticvs, aild representative -S (lic- relilaftcr referred to as "Lessee's Lic1c.i11111tL'cs ") froill
and against:
14.2.1 ?any gild all habihty, obkgitioil, dainagcs, peilaltics', clauns, lens,
Costs, Charges, losses, gild cxpciiscs (lticludltlg, without lullltatloil, re1So11ab1c.. fees and cxpciiscs
opC attornetis, expert witnesses, and consultants), which may be imposed upon, incurred by, or
asserted against lessee or Lessee's Tndemnitees by reason opt anv act or omission oaf Lessor, its
pt.rsoilticl, cniployet.s, ageilts, or rcpresciltativ es, resultlilg 111 personal ltl'urv, bodily injury,
sickness, disease, or death to any person, or damage to loss or destruction of tangible or
intann ble property wliicli may arise out opt or be in any way co nnected t� itli Lessor's ownership
or use of the Leased Premises or Lessor's flilurc to comply with ally federal, state., or local
statLitc, ordiilailct, or rcgLilatioil.
14.2.2 Lessor's obligations to indemniCv lessee or Lessee's Tndemnitees
mider this Lease Shall ilot extend to claltlls, losses, aild other matters covered hercuildc..r to the
CYtciit Such C11111is ar1SC oLit of tilt. ilegllgeilcc.. or willful t111SCo11dLlc.t of Lcsscc- or [lilt. or fibre?. of
Lessee's Tndemnitees.
15. Insurance. lessee and Lessor shall cause to be maintained, in full torce. and
effect aild at thcir Solt. Cost gild expeiisc dLlrltlg tilt. Perin of this Lease, the following types gild
limits of insurance:
15. 1 Liability- Tnsurance.
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1 5.1.1 Lessee. Tllrougllout the Term o tliis Tease Agreement, lessee
Shall 111aliltaltl, 111 full force alld effc..c.t, either (a) compreli ilsi� c. gtilt.ral liability ilsurailc.t. ill
ConiniC.rcially rC.asoiiable a111owits, but 111 110 c.vc-iit 111 all am omit less tllatl $5,000,000 per
occurrence, protecting and insuring against claims for bodily injury, death, property damage, and
personal injury° oc.c.urrilg within or resulting from its operatiolls, lilcludlilg its ust. of tlic. Lcast.d
Premises, or (b) a gei oral scif- insurance program covering bodily injury, death, property dainagc,
and personal injury occurring within or resulting frnn its operations, including its use of [lie
Teased Premises. Any policy oCinsurance obtained by Lessee must name [lie Lessor, its officers,
ageilts, gild employees as additional ilsurt.ds tht.reuildt.r, be endorsed to provide that the
insurance is primary to and nom - contributory to insurance carried by [lie Lessor witli respect to
Iiabilitti imposed on lessee under this lease Ag- reement, and contain a severabilitY oCinterest
clause..
15.1.2 Lessor. Throughout the. Perin of this Lease Ag7reemcilt, Lessor
sliall maintain, in Cull force and effect, eitlier (a) comprehensive general liability insurance in
coinint.rcially° rcasonable alnouilts, but 111 110 c.vc-iit nil all am omit less tllatl $5,000,000 per
oc.c.urrelict, protcctlilg alld liisurlilg agalilst cialtlls for bodily 1njLlry, death, property dainagc, gild
Personal injure occurring wi Ili in or resulting from its opera [ion s, including its use 01- any portion
(-)f the Teased Premises, or (b) a general self- insurance program covering bodily injure, (lea Ili,
property dalnagc, alld perSoilal injury occurrlig kvlthlil or resulting from its operatloil5, deluding
its uSC. of ally' portioi1 of the Leased Premises. Tiny policy of 111Surallc.C. obtalied by Lessor must
name the Lessee, its officers, agents, and employees as additional insureds thereunder, be
Cildorsed to provide that the insurance is primary to gild lion - contributory to insurance carried
by the Lessee With respect t0 11ab1lity 1111posed Oil Lessor wider this Agreemciat, alld coilta111 a
severabil1ty oCinteresI clause.
15.2 Prot2erty Tnsurance. Througliout [lie Term of this lease Agreement,
Lessee Shall im-uiiltaltl, nil full force alld effect, fire 1t15ura11ce a id a Standard "all risk" policy
covering all strictures and improvements at the Scliool Site and any personal property o ned by
Lessee located at the School Site. This coverage must (i) con lain a waiver o subrogation
Clidorsemelit ltl favor of Lessor, (i) cove -r 1055 or da111agc to the Leased Premises alld ally'
Lessee - owned personal property thercon in the amount of tlic. full replac.t.int.ilt value,
(iii) include a deductible no greater [lean $5,000. Covered perils are to include fire, all risk,
vandalism, malicious i1115ch1C.f, alld sprilk1cr 1t.akage. 'l hroughout tilt-Term of this Lease
?igrcciiiciit, Lessor shall maliltaltl it', owil propertV 111Surallcc.. cove -rltlg ally persolal property
owned by Lessor located on the Scli(-)ol Site.
15.3 Workers' Comnensa[ion and Ernj2lovers Liabili - Botli parties shall
maliltaltl, 111 full force. alld effect, Workers' C ompciisatioil llisura11ce or slit- 1115uraticc, alld
Employers' Liability Tnsurance or self- insurance with limits that conform to legal requirements.
16. Hazardous Substance TndemniCitation.
16.1 Lessee represents alld warrants that its use of the Leased Premises licreill
%-ill not gcilt.ratc -,uiv hazardous substailct, alld It will iiot Storc.. or dispose oil the 1-c-ased
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Premises, nor transport to or over the Teased Premises anti- hazardous substance except for
rcasoilablc amounts of cic-,u1 ilg, office, educ.atiollal, gild la11dsc.apc Substailc.eS ordltlarlly used 011
SC.17001 Sites. Lessee further agrees t0 c1cfeild, 111dcillillfy, a11d hold harmless Lessor a id its
officials, boards, commissions, employees, agents, and representatives frnn, and remediate [lie
Leased Prci1llSes from, wily' releasc of any Sucll hazardous Substance gild any da111agc, loss,
expense, or liability resulting from such rcicase, lticludlllg all attorneys' fees, costs, gild peilaltit.s
incurred as a result thereo , except any release caused by the negligence or intentional act or
emission of Lessor and its employees or agents. "Hazardous substance" sliall be interpreted
broadly to mcan a11y substance or inatt.rial defined or dts4111ated as hazardous or toxic waste,
hazardous or toxic material, hazardous, toxic, or radioactive, substance, or ether similar term by
anv federal, state, or local environmental law, regulation, or rile presently in effect or
proinul�att.d ill the future, as such laws, regulations, or rules May' be anici1ded from tithe to tins ;
a11d It Sl1aI1 be ltlterprcted to 111cludt., but 11ot be ll fined to, wily' Substailcc which after release
into [lie environment will or may reasonably be anticipated to cause sickness, death, or disease.
16.2 Lessor represcilts and warrailts that its use of the Leased Premises licreul
will slot gcilt.rate wily' hazardous substailct, gild It will 11ot Storc. or dispose o11 the 1 -cased
Premises, nor transport to or over the Teased Premises any hazardous substance except for
reasonable amounts (-)t cleaning, office, and landscape substances ordinarily used on City Park
sites. Lessor further agrees to deft.nd, 1iidcnitllfy, gild hold llarilllcss Lessee and 1tS officials,
boards, commissions, t.inployt.t.s, ageilts, gild rt.prt.sciltatives from, gild rcnicdiatc the Leased
Premises from, any release of any such hazardous substance and any damage, loss, expense, or
liability resulting from such release, lticlud111g all attor11Cys' fees, costs, a11d peilaltics ltic.urred as a
result tht.reof, except any release caused by the i1cgllgeilcc or 111teiltlollal act or 0111issioll of
Lessee and its employees or agents.
17. Rolding Over. Any holding over after [lie expiration oC the Term liereo , with
the c.O11St.11t of Lessor, shall be coiistrued to be a teilailcy from moilth to moilth a11d shall
othenw-ise be for the terms and on [lie conditions herein speci[ied, so far as applicable.
18. Acceptance of Premises. By taking possession oC the Teased Premises, Lessee
accepts the Leased Premises ltl the co11ditio11 t_xlSting aS of tlic. x.011 me11ce111t.11t Date. Lessor
makes 110 rt.prc- sciltatioil or warratlty as t0 the c.0ildltioil of the Leased Premises, gild Lessor
shall not be liable Cor any latent or patent defect in the Teased Premises, except as (-)thenv.ise
Stated hert111.
19. Optioil to Purchase. In addition to all other rights that Lessee has wider the
Tease, Lessor grants Lessee an option ('Upturn ") to purchase the leased Premises on the
follo -ing terms and conditions:
19.1 Purchase Price. 'flie purchase price ('Purchase Price ") for the Building
Site shall be a mutually agreed price Cor the 3.7 acre Building Site, excluding all strictures,
improvements, and personal property thereon. Tf the parties cannot agree upon the price within
sixty (60) day's of Lessee's t_xcrclSC of the Optio11, flit purchase price Shall be the talc market
value of the Building Site, t_xcludillg all structures, unprov c- nic.11ts, and personal property
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tliereon, subject to current zoning for Park use, as determined by an appraiser mutually agreed
upon by Lessor aild Lessee. The fair iilarkc-t Value shall be dctt.rmiticd as though the Lessee
were acquiring the propt.rty from a private party. Both parties will meet with the appraises
before commencement of [lie appraisal assignment to agree upon the conditions, if any, to be
assumed M tlic. appraisal. At this it cctltlg, the parties will provide the appraiser any lnformatlnil
to be coi151dt.red by the appraiser ltl performilig the valuatloil. Ills. cost of the appraisal, if ally',
sliall be shared equally by Lessor and lessee. Upon exercise of [lie Option by Lessee, and
within forty -five (45) (lays of the parties' agreement on [lie Purchase Price or delivery of [lie
appraisal report, if a11y, to Lessor and Lessee, the Purchase Price shall be deposited alto aii
escrow account.
19.2 Term of Option. Wi Ili in Ili irty (30) days of [lie Firs anniversary of [lie
C.ommeilccnicilt Matt, gild witllatl thirty (30) day's of any Subscclut.ilt amliven -ary of the
C.ommeilccnicilt Matt., Lessee Shall have the right to exercise the Optloll ('Optlnil I criil ").
Upon expiration ofany Option Term, lessor shall be released from all obligations under [lie
C )ptloll Lliltll flit. Ilext C )ptlnil Tcrin.
19.3 Exercise of C )ptlnil. The C )ptlnil Shall be cxcrcised by Lessee by mallulg
or delivering a written notice of intent ( "Exercise No [ice") to lessor prior to the end of [lie
Option Term. Tt is a condition to [lie effectiveness of the exercise of Option tliat lessee not
then be M default udder this Lease. If Lessee is atl default udder this Lease at the tulm Lessee
g,ivcs the Exercise Notice, the Exercise Notice Shall be Fold. It is ackllowlt.dged aild agreed that
simultaneously W1[11 delivering the Exercise Notice, Lessee shall execute a Purchase and Sale
?igrcciiicilt With Lessor, M a form mutually acceptable to Lessor aild Lessee, uiidcr which Lessee
shall purchase the Bulldlilg Site. The Purchase aild Salt. Agrccint.nt shall lint be cffectiv c for ally
purpose unless Lessee timely and effectively delivers [lie Exercise Notice. Lessor shall execute
[lie Purchase and Sale Agreement and deliver the executed Purchase and Sale Agreement to the
escrow agt.ilt withitl forty-five (45) days of rcctipt of the Exercise Notice gild the Purchase. and
Sale Agreement from lessee. The effective date of the Purchase and Sale Agreement shall be
[lie (lay Lessor acknowledges in writing that it received Lessee's Pxercise Notice. To the extent
of ally' 1i1coiisistei1cies between the Purchase. aild Sale Agreement aild the Option, the Option
shall pre ail.
19.4 Exercise Notice. The Exercise Notice, if mailed, shall be sent certified
mail, postage. pre -Maid, to Lessor at tilt. address indic.atcd bc1ow, and shall be deemed to have
been delis ercd five (5) days after deposit 111 the United States mail. If sent by ov erilight delivery
service to Lessor, [lie Exercise Notice shall be deemed delivered [lie (lay after Lessee's deposit
with [lie overnight delivery sere ice witli all fees prepaid. T delivered in person, the Exercise
Notice Shall be deemed delivered upon rt.ccipt.
19.5 C:o= -ance b�- Lesson Tf [lie Option is exercised, lessor sliall convey
title to [lie leased Premises by tyrant deed.
19.6 Lessor Dispositloil of Leased Premises. It Lessor plans to dispose of the
Leased Premises, It hereby grants Lessee a right of first refusal to purchase. the Leased PremiscS.
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2(). Nom - Waiver. No waiver of any deCul[ under this Tease shall constitute or
operate as a waiver Of any - ubsCqucilt dC.fault 11C.remider, gild 110 delay, failure, or omission ill
exercl -ltlg Or Cilforcltlg wily' right, pr1Vilcgc, Or optloil uildc.r this Lease Shall coilstltutc. a wa1Ver,
abandonment, or relinquisliment thereof, or Proliibit or Prevent any election under or
cllforccilicllt or C_Xcrcisc of aily right, privilcgc, or option hereunder. No waivcr of any
provision hereof by Lcssor or Lessee shall be deemed to have bcc11 made unless gild until such
waiver sliall have been reduced to writing and signed by Lessor or Lessee. The receipt by Lessor
of rent witli knowledge of any deCul[ under this Tease sliall not constitute or operate as a waiver
of such default.
21. Covenants Run witli Land. The agreements, covenants, and conditions in this
Tease are and shall be deemed to be covenants running witli the land, and sliall be binding upon
aild sliall Inure to the bcilt.flt of Lessor gild Lc. -scc gild their respective successors aild assiglis.
22. C oil- truc.tloil. This Lease -hall ilot be coilstrued as if It had becil prC.parC.d by [lilc
of the parties, but rather as it both parties had prepared it.
23. Further Assurailccs. Wheiicvcr requested to do so by the ot11C.r party, C.ach party.
Shall execute, ac.kilow1cdge, aild dcEvcr wily' further coiiveyatic.t. -, agrt.t.illt.ilt -, Coilflrillati011 -,
satisfactions, releases, powers of attorney, instruments of turtlier assurance, approvals, consents,
and any further instruments and documents as may be necessary or proper to complete any
coiiveyailc.t. -, trailsfe -, sales, Or agrcciiicilt- c.Oiltcillplatcd by this Lc.asc. Each party also agrees
to CIO ativ other acts to C_xecute, ac.kilowlcdge, aild dcEvcr wily' doc.umcilts rccluC. -tC.d tO carry Out
[he intent and purpose o C this lease.
24. 'Third -Party Rights. Nothiilg in this Lcasc, C_xpress or Miplied, is iiltcnded to
coilfer upoil wily per Soil, Other than the 17artics aild their respective Successor- gild a- sig11 -, any
rights or remedies under or by reason ()t this Lease.
25. TnteA ation. This Tease and [lie attached exliibits contain the entire agreement
bctwccil the parties rcgarditlg the sub1cc.t matter of the Leased Premises, and this Lease
expressly supersedes all previous or contemporaneous agreements, understandings,
representations, or statements betty een the parties regarding those matters.
26. ? niciidmeilt. This Lease may only be amc'iidcd or altered, by ail 1tl- trunic'.ilt ill
wrltlilg executed by Lessor gild Li. -scc.
26.1 Non - ;Material amendments. Any amendments to this lease which do not
rclatC. to (a) tilt. 'T Grill of the Lease as provided lil 1aragraph 2; (b) chailges 111 the permitted uses
of the LcasC.d Premises as provided 111 paragraph 5 that would materially alter the impacts that
the use (-)t the lease Premises have on the connmunity; (c) changes that would cause either party
to incur material increases in costs; or (d) material changes in the insurance and indemnity
provisloils as provided 111 1)aragrapll- 14, 15, and 16, may be approved by the Lessee's
Superintendent and by [lie Lessor's City Manager and shall not, except to the extent otherwise
required by late-, approval by City Council or by the District Board of Pducation before the
parties may execute ail amcildmcilt hereto. The City M-,alagC.r -hall dcterillliie whether ail lteill
Page 10
?ittachnicnt 4
is "material" for the City, and the Superintendent sliall determine whether an item is "material"
for the District..
2 Notices. ?ill iiotices, requests, dt.inarids, atld Other cotT muillc.atimis, licreutlder
sliall be in writing and sliall be deemed given if personally delivered, delivered by overnight
delivery service or milled, via testified mail, rcturii receipt requested, to the followitlg addresses:
If to Lessor, to: City Alaiiager
City of Dublin
100 Civic Plaza
Dubliii, C;?i 94568
Willi a copy to: john Bakker, Esq.
City Attorney
1 cvcrs, Nave, Hiback, Silver & Wilson
555 1211' Street, Suite 1500
Oakland, CA 94607
If to Lessee, to: Superitlteildclit
Dubliii Unified School District
7471 Larlcdale Avenue
Dublin, CA 94568
With a copy to: 11larilvn J. C1cvc1arld, Esq.
Damns Wolin er Kelley
275 Bat[ery Street, Suite 1 150
Sari Fraiicisc.o, CA 94111
?iny notic.t givt.ti by personal delivery shall be cffec.tiv e upoii receipt. Am notice gig eii by
overnight delivery service sliall be effective [lie day after delivery to the overnight deliver
service carrier. Ally notice given by mail shall be effective Five (5) days after deposit wi[li [lie
U.S. Postal Service.
28. Assignment. Neitlier party may assign or transfer [lieir rights under [liis lease
without the prier writ[en c(-)nsent o the o Ili er part; lio ever, each party may allow use by
others of the portions of the Leased Prciiiiscs over which it has control during tlic. titnt.s it has
control of portions of tlic. Lcast.d PrcmiscS.
29. Successors and Assic ns. This lease shall be binding upon and inure to [lie
benefit of the parties, their respective successors, persoilal reprtsciitativ es, acid asslgiis.
30. ?iuthol!W?. Lessor -,aid Lessee represent that each, respectiv, cIv, has the full right,
power, and authority to execute [liis lease.
31. Governing 1. . Tliis lease sliall be construed in accordance with [lie lags (-)f the
State of Califorma.
Page 11
Attachniciit 4
32. Partial Tnyalidity. T anti term of Ili is Tease is Cound to be void or invalid, sucli
invalidity Shall ilot affect the rciiialtlli g terms of th his Lease, which sliall coiitltluc 111 full force
acid cfft.ct.
33. Quiet Possession. Lessor lierebv warrants and represents Ili at there are no liens,
cilc.umbrances, or exc.t.ptions to propt.rty title as of the date of this Lease that would intt.rft.re
%Fitli Lessee's rights licreunder, -,aid that Landlord has the leg-,d right and title to biter itlto this
Tease.
34. Memorandum of Tease. Following the execution of tliis Tease, either party, at its
Sole expense, shall be entitled to record a "short form" l cnioraiidum of Lease in thlt. form
attached hereto as Exhibit F-
33. C:ountemarts. This lease may be executed in counterparts, each (-) Cw. liicli shall
be deemed ali original, acid all of which t-Acil together Shall coilstltute oiic acid the same
itistrulnt.nt.
IN WITNESS WHEREOF, this lease was executed by the parties as of [lie dates set
forth bc1ow.
LESSOR LESSEE
C:TTY OF DUBT.TN DUBT.TN UNTMED SCHOOL DTSTRTC:T
B v:
Name:
City Alaiiager
Date:
By:
Name:
S u p crMtciid ciit
Date:
Pape 12
Attaciimcnt 4
Exhibit A
Location Map
K..
JORDAN IRAINCIH !rra !r m,u im itm
nnnnnnnnnnxnnnxnnn nii ixinnixxixYx! x, vh! Htvi!. x. wxrrvlvxi4! y..!! -I!! wy! luu! yu!!!!!uu!!! .I!uuu!u!i!ui!......iwnnnnnnnni
! !
i
Page 1
Attachni nt 4
Exhibit S
Legal Description of the Leased Premises
Parcel P, of Tract 8024 recorded in Boole 313 of flaps, Pages 88 -100 on December 19, 2011,
Doc.uinent No. 2011 - 368960.
Page 1
^� o
M
� z
Exhibit C
Plan
Page 1
Attaclimcnt 4
Attachm nt 4
Exhibit D
Construction Plans
[ to come]
P:Ige 1
Attacliintnt 4
Exhibit E
Form of Memorandum of Lease
P:Ige 1
Attachment 4
Rr.C.nRDTNG Rr.Q[?r.S1 FD BY-
CITY OF DUBLIN
`X'lien Recorded flail To:
City Clerk
City of Dublin
100 Civic. Plaza
DLiblili, C;'s 94308
1 `r [l'efived per CSC 27383
Space. ,A)o e this Brie far Recorder's use
MEMORANDUM OF GROUND LEASE BETWEEN
THE CITY OF DUBLIN AND THE DUBLIN UNIFIED
SCHOOL DISTRICT FOR THE SCHOOL/PARK SITE
IN JORDAN RANCH
1I11S -L'vl morandLmi of Ground Lease Between the City of Dublin alid the llubliti
Unified School District for [lie Scliool/Park Site in Jordan Ranch (this "Memorandum ") is
entered into this _ day of_, _, by and beo een [lie Citti of Dublin, a municipal corporation
('Lessor "), and the DLlblitl Unified School District, a California public school district ( "Lessee ")
Lessor alid Lessee are, from t1nic -to -time, 111d1vldually refc-rrcd to 111 this - LIJemorandLim as a
"Party," and are collectively referred to as "Parties."
1. PurSUant to the Gromid Least. Between the City of DLlblttl and the DLlbll i
Unified School District for [lie Scliool/Park Site in Jordan Ranch as of , _ by and between
Lessor and lessee (the "Ground Lease "), the Parties liave set Cortli their respective oblinations
with respect to Lessee's lease of certain laud from tlic. Lessor for the construction and operation
oCa school and joint -use platiground and community Park.
2. Lessor and Lessee have executed -,aid recorded this itistrutnt.nt to gig c notice of the
Agreement, alld the respective rights and obkptlons of Lessor alld Lessee. The unrecorded
Ground lease -Betz -een the. City oCDublin and the Dublin Unified Scliool District for the
School/Park Site iii Jordali Ranch is ilicorporatt.d by reft.rence Ili its t.ntirety ili thlS
l cnioralid um.
3. "Ibis Memorandum sli all bind and inure to [lie bene[i[ oC the Parties and [lieir
r+`.spcc.tive hcirs, SLlc.ccssors alld ass1g11S, sub1cc.t however to restrictions Set forth 111 the
Agreement regarding assignment.
Page 2
Attachment 4
TN WTTNESS WHERE 0F, the parties liave executed Ili is Memorandum as of the, date
first set forth above.
LESSOR
CITY OF DUBLIN
Bv:
N amc:
City Manager
Date:
260 6353.1
LESSEE
DUBLIN UNIFIED SCI 10 OL DISTIUCT
B:
ltiainc:
Superintendent
Date:
Page 3
RESOLUTION NO. XX — 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
APPROVING THE OPTION TO GROUND LEASE BETWEEN THE CITY OF DUBLIN
AND THE DUBLIN UNIFIED SCHOOL DISTRICT AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A GROUND LEASE AGREEMENT IN
SUBSTANTIALLY THE FORM ATTACHED TO THE OPTION FOR THE JORDAN
RANCH SCHOOL/PARK SITE; APPROVING THE SECOND AMENDED AND
RESTATED AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN UNIFIED
SCHOOL DISTRICT REGARDING USE OF FACILITIES FOR COMMUNITY
RECREATION; AND APPROVING THE AGREEMENT BETWEEN THE CITY OF
DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR USE OF THEATER
FACILITIES AT DUBLIN HIGH SCHOOL CENTER FOR PERFORMING ARTS AND
EDUCATION
WHEREAS, on March 17, 2015, the City Council unanimously approved a
Memorandum of Understanding (MOU) outlining the deal terms between the City and
the Dublin Unified School District relating to the use of a portion of a future 10 -acre
community park site on Central Parkway in the Jordan Ranch subdivision for an
elementary school; and
WHEREAS, the October 6, 2015 meeting, the City Council adopted Resolution
165 -15, amending the General Plan and Eastern Dublin Specific Plan, changing a
portion of the community park site to public/semi-public to allow for the siting of a school
within the park site; and
WHEREAS, in order to formalize the deal terms included in the MOU, the City
and the District have created two agreements — a Ground Lease Option and a Ground
Lease Agreement. The Option agreement sets forth the parameters by which the City
Manager and the Superintendent would execute the Ground Lease Agreement; and
WHEREAS, City and District staff have prepared such agreements and
presented them to the City Council at the regularly scheduled meeting on March 1,
2016; and
WHEREAS, in order to acknowledge the addition of the new school /park site in
Jordan Ranch and to reflect the inclusion of other facilities where there are separate
agreements that govern those specific arrangements, City and District staff have
prepared a second amendment to the Master Joint Use Agreement; and
WHEREAS, the MOU included a provision requiring that the District provide the
City with use of the Center for Performing Arts and Education at Dublin High School;
and
WHEREAS, the City and the District have negotiated an agreement allowing City
use of the Dublin High School Center for Performing Arts and Education; and
WHEREAS, under the terms, the City will have an opportunity to use the facility,
for a period of 99 years (to run concurrent with the Ground Lease obligation at Jordan
Ranch), either for City - presented performing arts programs or "grant" its theater time to
community performing arts groups through a formal grant program and whereby the City
will have the use of up to 128 hours annually at no cost to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby:
1) Approve the Option to Ground Lease Between the City of Dublin and the Dublin
Unified School District and Authorizing the City Manager to Enter Into a Ground
Lease Agreement in substantially the form attached to the Option for the Jordan
Ranch School /Park Site (Exhibit A to Resolution ) ;
2) Approve the Second Amended and Restated Agreement Between the City of
Dublin and Dublin Unified School District Regarding Use of Facilities for
Community Recreation (Exhibit B to the Resolution ); and
3) Approve the Agreement Between the City of Dublin and the Dublin Unified
School District for Use of Theater Facilities at Dublin High School Center for
Performing Arts and Education (Exhibit C to the Resolution).
BE IT FURTHER RESOLVED that the City Manager is authorized and directed
to execute the agreements, amendments and such other documents, and to take such
other and further action, as necessary and appropriate to carry out the Intent of this
Resolution.
PASSED, APPROVED AND ADOPTED this 15t day of March 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Exhibit A to the Resolution
OPTION TO GROUND LEASE
This Option to Ground lease (also referred to lierein as the "Option" or "Option
Agreement ") is entered into tliis _ (lay of , 2016 ( "T:ffective Date "), by and
bttwcc,ii the City of Dublitl, a inullicipal corporation ( "City "), and the Dublin Unified School
District, a California public school district ("District").
RECITALS
A. City is the owner of all appro�ilnatcly 10 -acre parcel of real property (.A.PN 985 -
0098 -002) that is snore particularly described atld depicted ]rl tllt. form of the Ground Lcasc
attached hereto as Exhibit A ( "Leased Premises "), wliicli parcel is adjacent to a Planned
approximatelti 7 -acre community part: site.
B. District desires to lease the Lcastd Premises for the construction Uid operation
of school and joint use playground and park facilities.
C. City desires to lease the leased Premises to [lie District on the terms [lie parties
have negotiatt.d upon the District satisfying ccrtaitl conditions.
D. In order to fulatic.e atld develop the school and bark facilities, the District needs
an option to lease the leased Premises in order to satisCy the site control requirements of the
State of California.
L. ?ic.c.ordingly, the parties are entering ltlto this Option Agreement o11 the terins,
and conditions set forth lierein.
NOW, THEREFORE, for good and valuable consideration, the receipt and suf[iciencti
of which are hcreb�° ac.kno� %7ledgt.d, tilt. Parties hereby agree as follows:
1. Kc- cltals. The forcgoing recitals are hereby ltic.orporated into this Agrecincllt as
[llougll Cully set Crtll lierein.
2. Gratlt of Option. City hereby grants to District an t_xcluslvc option to least. the
Leased Premises ('Option ") purSUatlt to the tern is atld conditions st.t forth licrelnl.
3. Ot2[ion Fee. Upon execution and delivery of this Option Agreement, District
sliall pay to City in immediately available [unds [lie sum of One Dollar ($1.00) as consideration
for the gratlt of the Option ("Option Fee "). 'I'llis Option Fee shall be credited toward the first
Tear's rent under the Ground lease, and sliall not be re[undable if District decides not to
exercise its Option to lease [lie Teased Premises.
4. 'Perin. Option shall be t_xercisable by District, provided that it has first satisfied
the conditions st.t forth its Section 5 below, at any tinic. duritlg tllt. one (1) year period
commencing upon the Effective Date ( "Option Term "). The Option sliall terminate on [lie
date that is one (1) year followitlg the Effc.c.tiv e Date.
Ng.1
Exhibit A to the Resolution
5. Conditions to Effectiveness of Optionn.
5.1 Prier to exercise of [lie Option, [lie District shall provide evidence to [lie
City Manager [lint indicates it has satisfied [lie following requirements:
5.1.1 District Board of Trustees' approval of the use of tlic. Leased
Premist.s as a school site..
5.1.2 Written confirmation, approved bti [lie District Board oCTrastees,
of the sourc.t.s a11d availability of adequate fula11ci1ig to construct tllt. School Site Improvements
and Park Site Improv cilic.nts along with a schedule for completion of the work.
5.13 City staff review of the construction Plans appro ed by the
California Department of General Services Division o the State Architect ('DSA ") for the
School Site Improvements.
5.1.4 City staff approval oC the plans for the Park Site Tmprovements
submitted to DS Ili at shall be a[taclied to [lie Ground lease as T xllibiI D, wliich shall include
storm water treatment for the entire. site.
5.1.5 Award of a contract for construction of the Leased Premises as
reflected in [lie DSA- approved Construction Plans.
5.1.6 Any changt.s to park plans shall be subject to discussion between
the parties a11d DS?i approval. District shall provide plans to City upon subilllsslon to DS A.
City shall provide any comments wi[liin thirty (30) days of submission. Failure to provide
connments Within thirty (30) (lays sliall constitute approval of the plan. All comments or
propost.d cllangt.s shall be sub1cc.t to DS?i -,aid all other required approvals. The parties shall
n1ect and c.onft.r rCgardlllg any additional costs for City-proposed cllallges.
5.2 The City may waive, anv (-)f the conditions during the Option Term.
Exercise of C )ptloll.
6.1 To exercise the Option, District shall personally deliver to the offices of
[lie City ;Manager writ[en notice (-)f its iiiteiit to exercise the Op [ion ('Notice o T xercise ") prior
to the expiration of [lie Option Term, wliich notice sli all demon s[rate the District's satisfaction
of the rt.quiremellts st.t forth ill Scc.tioll 5 above.
6.2 Simultaneously with delivery of [lie No lice of T.xercise, District shall
deliver an executed Ground lease in the form a[taclied liereto as Exhibit A, under wliich
District shall least. the Leased Premises from the City. The Ground Lease shall not be cffectivc.
for any purpose ulllt.ss District timely alld efft.c.tivtly exercises the Option. The effc.c.tiv e data. of
[lie Ground Tease shall be [lie day District exercises [lie Option. To [lie extent of any
inconsistencies bete ccii the Ground Leasc and the Option ?igrL'ci11L'flt, the Option ?igrL'.L'.iT1ent
shall prevail. Upon District's effective t_xc.rcise of the Option, the City 11Ia11agt.r shall promptly
execute the Ground lease.
Ng. 2
Exhibit A to the Resolution
Cooperation of flit. Parties. City a id District shall cooperate in District's efforts
to secure any and all Funding and site approvals for development o C the Leased Premises as
anticipated in the Ground Tease.
Right to Enter Leased Prciluses
8.1 Access to Leased Premises. C.on mencltlg with cxecutlon of this Option ,
District or District's representatives, after written no[ificatlon to City, shall be allowed access to
the Leased Premises prior to the cxcrcisc of the Option, at all reasonab1c. times for the purpose.
of obtaltling data and iiia"ig Surveys, tests, 1tlSpcctlons a id other studies, g7rading and other site
work, at District's sole expense, necessary to carry out this Option and Ground lease or as
required by California state regulatory agencies.
8.2 District shall procure -,aid malntalli (arid require alit'° of its representatives
entering [lie leased Premises to procure and maintain): (i) workers' compensation insurance
required by the lags oC the State o C CallCorl -iia; (ii) commercial general liability insurance in [lie
amount of at least Five Million Dollars ($5,000,000) combillc.d single Enilt, llalnillg City° as all
additional insured alld contaiiullg a cross liability ciidonnement or severability of ilitc.rests clause;
and (iii) with respect to any contractor or consul [an t conducting environmental, soils or
gc.ological tests, perforilung, inspcc.tll g, obscrviilg or SupervLsitlg ally' g- rading or other site work,
commercial gc.ner -,d Eability insurance, lli flit. amount of at least Onc. Million Dollars 01,000,000)
combined single limit. District shall, prior to the First entry by -District and/or its
representatives, Furnish certificates of such insurance coverage to City. Such certificates shall
contani a clause providitlg for thirty (30) days' advallcc. Notice of c.allcellation or material cllallge
ill coverage.
8.3 Ttidemnification Resulting From Access. - District shall indemnicv and
hold harmless City of and from ally alld all inechaillc}s hens, claims, actions, liabilities, costs,
expenses, lncludlilg attorneys' ft.t.S, and danlagcs of any type or Mature. arlslllg out of or in any
wav related to anv such use (-At or en[ry onto [lie Leased Premises by - District or by anv other
Person or entity on behalf of, or at the request 4, District, excluding any losses or damages,
lticludltlg but not Enilted to a reduction in the valuc. of tllc. Leased Premises, resulting from ally
finding or results o C any surveys, s, tests, inspections or other studies, w1ie Ili er or not negligent.
Miscellaneous Proyisioms.
9.1 Notices. 'ill notices, requests, dc.inallds, and other communications
hereunder shall be in writing alld shall be deemed given, if pc.rsollally delivercd or -nailed,
certified mail, return receipt requested, to the following addresses:
If to City, to: City LLManager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Willi a copy* to: john Bakker, Esq.
City* Attorney
Ng. 3
Exhibit A to the Resolution
11 cvcrs, Nave, Ribac.k, Silver & V ilson
555 12r11 Street, Suite 15[1[1
Oakland, CA 9407
If to District, to: Superiilteildcllt
Dublin -Unified School District
4'71 Larkdalc venue
Dublin, C;'s 94568
Willi a copy to: ]Ilarilti n 3. Cleveland, Esq.
Dantlis Woliver Kelley
275 Bat[ery Street, Suite 1 150
San Francisco, CA 94111
9.2 ssif iiincnt. District may not assigli this Option without the prior written
consent of C1tV.
9.3 Successors and Assi( is. "This Option Agreement shall be binding upon
and inure to the bcneflt of the parties, their respective Successors, j)crsoilal representatives, -,aid
asslgi1S.
9.4 Autliori -. City and District represent tliat each, respec[ivelv, has [lie Cull
right, power, and authority to execute this Option Agreement.
9.5 C � ov rnin�Z Law. 'Phis Option Agreement shall be construed ill
ac.c.ordallcc with the laws of flit. State of California.
9.6 Partial Tnvalidity. T any term of [leis Option Agreement is Cound to be
Void or invalid, such 1nvalid1tV Sllall not afft.c.t the rema1111tig terms of this Option Agreement,
which shall continue. ]11 full force. aild effc.c.t.
9.7 C:ountemarts. This Option Agreement may be executed in counterparts,
eacli of w-hich sliall be deemed an original, and all of wliicli taken together shall constitute one
and the s-,anc 111struilicilt.
IN WITNESS WHEREOF, this Option Agreement was executed by [lie Parties as of
[lie dates set forth below.
LESSOR LESSEE
CITY OF DUBLIN DUBLIN UNIFIED SCI 10 OL DIS'1'RIC'1'
By:
Name
City Manager
Date:
B v:
Name
Superintendent
Date:
Ng. 4
Exhibit A
GROUND LEASE BETWEEN THE CITY OF DUBLIN
AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR
THE SCHOOL /PARK SITE IN JORDAN RANCH
This Ground Tease (also referred to lierein as [lie "Lease" or "Lease Agreement ") is
cllterc.d alto this dad° of , 2016, by a11d bctwccn the City° of llublitl, a
111L11llcipal c.orporatloll l'Lessor "), and the llublitl Uilified School District, a California public
scliool district ( "Lessee ").
RECITALS
A. Lessor is the ownc.r of an approxilnatc.ly 10 -acre parcel of real property ( PN
985 - 0098 -002), that is more particularly defined below (the "Leased Premises "), located in [lie
City of Dublin, County of Alameda, State of California, w-hich Parcel is adjacent to an
approxilnatcly 77-acre plamied commulity park sitc..
B. Lessee desires to lease the Leased Premises from the Lessor for the cnllstructioll
and operation o C a scliool and joint -use playground and co nmunity park.
C. Lessor atld Lessee cmitemplate that dLlrltlg tllc. tt.rm of this Lease, Lessee Shall
have c_xclusivc access to the school facilities a11d both Lessor a11d Lessee. shall have the right to
joint use of [lie playground and park facilities as detailed in this Tease.
D. Accordingly, the parties are entering into this lease Ag- reement on [lie terms and
conditions sc.t forth lic.reiul.
AGREEMENT
Tn consideration o tlieir mutual covenants, and for good and sufficient consideration,
the parties ag-rce as follows:
1. Leased Premises. Lessor leases to Lessee atld Lessee leases from Lessor the
Teased Premises depicted on the map attached liereto as Exhibit A ( "Location flap ") and
incorporated herein by reference. A legal description of the leased Premises is attached hereto
as Exhibit B and inc.orporatcd licreill by reference.
2. Term. The term of this Tease shall be nine[ti -nine (99) tiears, commencing on
[Inserl 1)ralr of F:',xeM'Xe a% Oplronj ( "Commencement Date ") and ending on fhzsra 9911) (1111171wsevy a%
(.'owrveneeweaat Date]
3. Rc.11t. Lcssce shall pay Lessor as re11t for the Leased Premises the sing of Olic.
Dollar ($1.00) per year ( "Rent "), payable in advance on an annual basis. Lessee shall pay Lessor
the first year's Re11t on tllc. Colnlnc.ncc.lnc.11t Date. Lessee shall thereafter pay Lessor Rc.nt
a1111ually 111 adva11cc o11 or before each aiui1vc.rsary of the Commc.ncc.lnc.11t Date.
4. Taxes. lessee recognizes and understands that this lease may create a
possessory interest subject to property taxation, and that lessee may be subject to [lie payment
of property taus levied nil such illtcrest. Lessee further agrees to pay any aild all property taus,
if any, assessed dLlrltlg tilt. l erm of this Lease pL1r5Llatlt to Scc.tio 1, 10 ! a11d 10 ! 1 of the
Revenue and Taxation Code against Lessee's possessory interest in the Leased Premises.
7. Use of Leased Premises. Attached to this Lease Agrcciiicilt as Exhibit C a id
iilc.orporatt.d 11t.relti by reference. is a schematic des' i of the Leased Premises (the "Plan ") that
identifies an approximately 3.7acre portion of [lie Leased Premises as being devoted to the
school facilities ( "Building Site ") and a portion of the leased Premises as being devoted to [lie
jnlilt Lisc playgromid gild park facilities ( "Park Site "). The -l3Li1ld1ng Site gild the Park Site. are
collectively referred to as the "School Site." lessee sliall use the School Site exclusively for
Public school purposes, unless other --ise authorized by the lessor in writing. The School Site is
currt.iltly l)lailnt.d for Trailsitioilal Kindcrgarteil through 8th grade school, aftcrschool
childcare aild other pL1rpost.s pursLlatlt to the Civic Ccilter Act, Education Coda. st.c.tioil 35130
et sect. lessee sliall notify lessor if it determines that it will discontinue operating [lie Building
Site for public cduc.atioil.
3.1 Withitl oiic (1) year from the Cninintticcnictlt Date, the Lessec shall
provide evidence to Lessor's City -Manager that indicates it has satisfied [Ile Cllowing
requirement:
3.1.1 Califorila Departmcilt of EdLic.atlon approval of the use of the
Leased Premises as a school sltc..
7.2 Lessor gild Lessee shall meet at least ailtlually to coordlilate their jnlilt Lisc
of the Park Site. The dlscLlssloil shall include sclicdLlllilg, illaltlteilailc.c.. staildards, gild other joltlt
use issues of concern to [lie parties.
3.3 Building Site.
7.3.1 Lessee shall, durlilg the l crm of this Lease at its sole cost aild
expense, constrict, operate, and maintain [lie school facilities ( "the School -Facilities ") on [Ile
Building Site. Construction of the School -Facilities sliall be per Cormed substantially* according to
the coilstructloil plails attached to this Lease Agreemc11t as Exhibit D ( "Cnnstructloii 1'1aiis ")
and incorporated herciil by rcft.rcilcc. The School Facilities, Cnnstructloii Plaiis -,aid alterations
in [lie School Facilities on the Building Site will be subject to approval by [lie California
Departmcilt of Gcilcral Services Division of tlic. State. ?architect ('DSA"). Lessee cliailges to the
C.oilstrLlc.tlnil Plails that impact the Lessor's Muillcipal Rcgloilal Storllmwatcr Pertillt shall be
subject to Lessor's reasonable approval. lessee sliall provide lessor evidence of DS closeout
and certi[ication of the School -Facilities upon completion of constriction. The lessor may, but
shall not be obliga cd to, observe the work durlilg coilstructloil. Lessor agrees to make all
reasonable efforts to no 11 C the lessee of Lessor's plans to observe work on [lie Building Site.
Lessor's City ;Manager may approve or disapprove alterations to [lie School Facilities on the
BL11ld11kg Site oiily if the alterations impact the design or use of the Park Site.
�.4 Park Site.
5.4.1 Lessee sliall, at its sole test and expense, construct and maintain,
except as otherwise specified below, the joint use park facilities ( "the. Park Site Improvemcllts ")
oii the portio11 of the Leased Premises des1747111ted oii tlic. Plait as the Park Site. C.oiistruc.tloii of
[lie Part: Site Tmprovements shall be performed according to [lie Cons[niction Plans. The
Lessee may makc altcratloiis 11i the Park Site Improvt.nicilts, subject to the rcasoilable approval
of the Lessor's City Alanager. It is 1c.k11o�,v1dged that at least a portion of the. Park Site
Tniprovements will be approved by the Division of State Architect. The Lessor matt, but shall
not be obligated to, observe the work during construction to ensure [lie Part: Site Tniprovemen[s
are c.omplt.ted i1i ac.cordalice with the C,olistruc.tioli Plai1S. Lessor agrees to makc. 111 rcasoilablc
efforts to notify [lie Lessee o C Lessor's plans to observe work on the Park Site. lessee shall give
Lessor regular updates regarding constriction conferences..
5.4.2 The Park Site sliall be, following Lt.sscc's compIctioll of
coiistructioil, Subject to the parties' joint use as gei cr111y described 111 the followil g paragraplis.
(a) Veliicular and Pedestrian Access Area. Beth Parties sliall
have Joint use of a portion of the Park Site, depicted on the P11n that is dcsigliccl for both
(i) public vehicular parking aiid pedestrlail access from C ciitral Parl xvay° to the plailiied
community part: site located south of [lie Teased Premises, and (ii) vehicular parking and
Pedestrian access to the School Site ( "Access Area "). The Access Area shall be open to public
Lise durlilg those times wheii tlic. Park Site 1S iiot bc1ii g used by the Lessee for School purposes.
5.4.3 lo11it Use Park Facilities. Lessee shall furnish a schedu1c. of
published open school liours pursuant to the scliool's bell schedule plus thirty (30) minutes
before and after school ( "School I lours ") to Lessor prior to the start of each school vc ir. Uiv
day that School 1S 111 scssloil, Lessee Shall have cxcluslvc use of the Park Site for school purposes
during School Hours. Tt the Lessee is utilizing portions of the Park Site Cor afterschool cliildcare
or Cor anotlier permissible use, the Park Site can be Jointly used by Lessor and Lessee ( "joint
I lours "). Lessor shall have c.oiltrol over the Lise of tlic. Park Site Improvemcilts oil tlic. Park Site,
ether than [lie multi - purpose room, for ether times outside o C School Hours and joint Hours.
The multipurpose room, despite its presence on [lie Park Site, sliall be considered a Lessee
property Subject to L1 se by Lessee durlilg School I lour- gild the Secoild ?inicilded Agreemeiit
Betweeii Cite of Dublin (Lc-.s-,or) a11d Dublin U1lifit.d School District (Lessee) Regarding Use of
Facilities Cor Community Recreation (-)t even date lierew.1Ili, except Ili at Lessor shall not be
charged ally' fc-es for its use of the multlpurposc room. Notwithstaiidltlg the foregoil g, Lessee
may rt.sery c all or portimis of the Park Site, outside of School hours, teii (10) or more tunes
eacli scliool year Cor scliool- related uses deemed appropriate by Lessee, wi[li the reservation
being limited to no more than [lie area reasonably required for [lie Lessee's use. Tlie parties may
mutually agrt.t to t_xteiid the liuinbcr of rtscrvations allowed per school year. Ili all cases,
Lessee's exclusive use o C the Park Site during non - School Hours shall be consistent wi[li
Lessor's policy of securing the maximum use o C its parks Cor the comfort and convenience of all
6. Colistruc.tinn Stalldards. All improvements shall be c.olistruc.ted or illstalled on
the Leased Premises i1i 1 good and worklnalllikt manner without the attachment of aiiy
construction, mechanics, or other liens, and Lessee shall liold lessor free and liarmless from any
liability arising fro n such liens.
Ecrmits. Lesst.t. shall cnlnpl�° with all 1pplic.ablt. laws related to the c.nnstructi011
of the School Facilities ltld the Park Site Improvcni tits. Lessee shall be respoi1S1ble for
ensuring that [lie Part: Site Tmprovements are consistent wi[li applicable federal, state, and local
rccluirclnclits.
11laicitclialicc acid C )peration.
8.1 Lessee sliall, at its own expense, maintain [lie Leased Premises, including
bo[li the School Facilities and [lie Part: Site Tmprovements, in a safe condition and in good
repair.
8.2 Lessee sliall have sole responsibility for [lie maintenance, repair, and
security of any buildings and o[lier improvements and personal property on the Leased
Premises, and sliall kc-cp the sal7lc 111 good rt.pair ltld coiidlt1011 durltlg tllt. erm.
8.3 Lessee shall keel) the Leased Premises free of graffiti, debris, a11d anythilig
o a dangerous, noxious, or offensive nature, or w. hicli creates a liazard or undue vibration, lieat,
1101st., or ititt.rft.relice.
8.4 Lessee shall nlaltltaltl the Park Site 1c.cordltlg to Stltldards agreed upotl
fro n time to time by Lessor and Lessee. Tlie parties agree Ili at, as of [lie date o this Tease, [lie
maintenance standard is equivalent to [lie standard to w-hich Lessee maintains its facilities. Tf at
any time Lessor desires a higher stltldard of nlaltlteilallce tllall that agreed upon, thc11 Lessor
may, at Lessor's Sole cost ltld cxpctisc, rcclut.St that Lessee maltltaltl the facilities at a higher
level.
8.5 NotW1tlistalld1tlg lily' rules ltld policies Lessee may presently have or may
adopt in the future, during the Term, Lessee Shall llot charge Lessor a fee to use, or 0thcrkvisc
impose costs on Lessor for [lie use o C, any portion of [lie Scliool Site. Tliis provision shall not
be interpreted to give lessor [lie riglit to use [lie Tiuilding Site or Park Site ether than as
established by this Lcasc or separate agreement bets ccii the parties.
9. Utilities. lessee sliall pay or cause to be paid, and shall liold Lessor and the
Teased Premises free and liarmless from, all charges for [lie furnishing of gas, water, electricity,
tc1cpliont. service, and other public utilities t0 the Leased Premises, and for the removal of
garbage alld rubbish from the Leased Premises durltlg the Term of this Lease.
10. Default by lessee and Lessor's Remedies.
10.1 If Lessee 15 M default, Lessor shall provide Lessee writte11110tice of the
default. WWithin thirty (30) days after such writte11110tict, the parties shall illformallv discuss the
manner in glitch to efficiently remedy the matter. Tf Lessee leas tailed to cure sucli default
within thirty (30) days after the parties informally meet and center, lessor matt, at its option,
pt.rforin such duty or obligation giving rise. t0 tlic. default on behalf of Lessee, i11cludi11g, but 110t
limited to, [lie obtaining of required insurance policies or government licenses, Permits, or
approvals. The costs and expenses of any sucli performance by lessor sliall be due and payable
by Lessee witlllil tcii (10) busilless days of rcccipt of 111volce therefor. Ill tlic. cvcilt of a default
which Lessee has failt.d to cure within the applicablc grace period, Lessor may, after further
notice or demand, and witliout limiting lessor in [lie exercise of any riglit or remedy t - liicli
Lessor may have by reason of such default, pursue wily' rt.ilicdy iiow or hereafter available udder
the laws of the State of California. Notwithstanding the foregoing, gig ell that the Leased
Premises will be operated as a public school, Lessor's remedies in [lie event of deCaul[ sliall not
include a riglit to terminate the Tease, so long as [lie leased Premises are actually being used in
ac.c.ordailcc. with Section 5 above at the tune of the allegt.d default.
10.2 T suit sliall be brought by Lessor because of the breacli of any condition
or covenant of this lease Ag- reement, Lessee, sliall pay to Lessor all expenses incurred therefor,
iticluditlg rcasnnablt. attorneys' fees.
11. C ptioilal 'I cri111ilat1n11. This Leasc may be teri11l11atc-cl by:
11.1 Lessee, upon wri[ten notice to Lessor, it it determines that it is no longer
practical to use the Leased Premises for public school purposes.
11.2 Lessor, upoii n111Cty (90) days' written nnticc. to Lessee, if the Leased
Premises are no longer used Cr public school purposes and lessor determines, in its sole
discretion, that [lie Teased Premises are needed for a public purpose of Lessor.
12. Cooperatinn of flit. Parties. Lessor gild Lcssce shall cooperate in Lessee's efforts
to secure -,uiv and all funding approvals from state agt.ilcics for dcvclollintilt of flit. Leased
Premises as anticipated in this Tease.
13. Coildcinnatioil. Ill the L'.vciit that all or part of the Leased Premises or any
interest of Lessee ill the Leased Premises is taken by ciiiMc'.i1t doim i11 by ally govcri1niciit
agency, quasi - governmental agency, or otlier public body otlier [lean by [lie Lessor, thereby
making it plivsically or Financially unfeasible, as determined by Lessee in its sole discretion, for
the Leased Premises to be used ill the mamicr it was iiltcildt.d to be used by Lcsscc under this
Tease, Lessee sliall have the right to terminate this Tease effective as of [lie date the condemning
agency takes possession of [lie Teased Premises. lessee shall be entitled to the portion of the
award paid attributable. to 1) the dunillutioll ill value of its Icaschold intt.rest, and 2) the value of
buildings and other School Facilities, Park Site Improv emcilts, gild personal llrnllt.rty° nil the
Teased Premises, and Lessor shall receive [lie remainder of such ate ard.
14. Iildcni it?.
14.1 Iildcmillflc.atio11 by Lessee.. Lessee Shall, at its Sole cost and expeiisc,
defend, indemniCv, and hold li arm] ess Lessor, and its officials, beards, commissions, employees,
agents, attorneys, and representatives (hereinafter referred to as "Lessor's Tndemni[ees "), from
a11d against:
14.1.1 Any and all liability, obligation, damages, penalties, claims, liens,
costs, charges, losses, and expenses (including, without limitation, reasonable fees and expenses
of attorllt.y s, expert wiftiesscs, alld c.ollsultallts), which may be imposed upoii, Mcurrt.d by, or
asst.rtt.d agalTlst Lessor or Lessor's Illdtmil1tccs by rea ,,nil of ally' act or millssloii of Lessee, its
Personnel, employees, agents, or representatives, resulting in Personal injure, bodily injurGT,
S1ckiiess, disease, or death to ally persnll, or dainagt. to, loss of, or destruction of tangrible or
iltangriblc property, which may arise out of or be 111 ally' way collected with the coiistructloll,
installation, operation, maintenance, use, or condition of the leased Premises or Lessee's failure
to comply witli any federal, state, or local statute, ordinance, or regulation.
14.1.2 Lessee's obllgatloll,, to 111demillfy Lessor or Lessor',, Indemi11tees
under tliis lease shall not extend to claims, losses, and otlier matters covered liereunder to [lie
extent such claims arise out of [lie negligence or willful misconduct of lessor or one or more of
Lessor's Indemi11tees.
14.2 Illdt.illnlflc.atloll by Lessor. Lessor shall, at its sole cost alld L'xl disc,
defend, indemniCv, and hold li arm] ess lessee, and its officials, beards, commissions, employees,
agents, attorllt.ys, and represciitativ c-s (llt.rcilaftcr referred to as "Lessee's IlldtmiUitC s ") frolll
alld agalll ,,t:
14.2.1 Any and all liability, obligation, damages, penalties, claims, liens,
costs, charges, losses, and expenses (including, without limitation, reasonable fees and expenses
of attorllt.y s, expert wiftiesscs, alld c.ollsultallts), which may be imposed upoii, Mcurrt.d by, or
asst.rtt.d agalTlst Lessee or Lessee's Indemi11tees by reason of ally act or oohs ,,loll of Les ,,or, its
personnel, employees, agents, or representatives, resulting in personal injure, bodily injurGT,
slckiiess, disease, or death to ally persnll, or dalnagt. to loss or destruction of tangible or
iltangriblc property, which may arise out of or be it ally' way collected with Lessor's owiicrship
or use of the leased Premises or Lessor's failure to comply witli any federal, state, or local
statute, ordinance, or regulation.
14.2.2 Lessor's obligations to ildc- nitlify Lessee or Lessee's IlldcmiUitC s
under tliis lease shall not extend to claims, losses, and otlier matters covered liereunder to [lie
extent such claims arise out of [lie negligence or willful misconduct of lessee or one or more of
Lessee',, Indemilltecs.
17. Illsurallce. Lt.ssc.c. alld Lessor shall cause to be mannta111Cd, ill full force and
effect and at tlieir sole cost and expense during the Term of this lease, [lie following types and
Iulllts of insurance:
15.1 Liability Insurance.
1x.1.1 Lessee. Tliroughout the Term of tliis lease /lgreemen[, lessee
sliall maintain, in Cull force and effect, eitlier (a) comprehensive general liability insurance in
coninic.rcially° rcasonable - ,miowlts, but 111 Tlo c.vc-iit 111 all amomit less than $5,000,000 per
occurrence, protecting and insuring against claims for bodily injury, death, property damage, and
personal injure occurring wi[llin or resulting from its operations, including its use of the leased
Premises, or (b) a geiicral self - insurance prog -ram covering bodily injury, death, property damage,
and personal injury occurring within or resulting frnn its operations, including its use of [he
Teased Premises. Any policy o insurance obtained by Lessee must name [lie Lessor, its officers,
agents, a11d employees as additional illsurc.ds thc.rculldc.r, be clldorsed to provide that the
itsurance is primary to a11d lion - contributory to itlsurallcc carried by the Lessor with respect to
liabil1tti imposed on lessee under this lease Ag- reement, and contain a severabil1tti o C interest
clausc..
15.1.2 Lessor. ThroLighoLit tilt. Perin of this Lease Ag7reemciat, Lessor
sliall maintain, in Cull force and effect, either (a) comprehensive general liability insurance in
commercially reasonable amounts, but in no event in an amount less than $5,000,000 Per
oc.c.urrellcc, protCctlilg a11d liisurlilg agaliist claltlls for bodily M'Llry, death, property dainagc, a11d
personal injure occurring wi Ili in or resulting from its opera [ion s, including its use 01 any portion
(-)t the Teased Premises, or (b) a general self- insurance program covering bodily* injure, (lea Ili,
property dalnage, a11d pen-oiial MILlry occLlrrlilg withltl or resulting from its operatlotlS, including
its usc. of any' portlotl of the Leased Premises. Tiny policy of liisuratic.t. obtalilcd by Lessor mList
name the Lessee, its officers, agents, and employees as additional insureds thereunder, be
clldorsed to provide that the insurance is primary to a11d lion - contributory to itsurance carried
by the Lessee With respect to liability 1111posed 0711 Lessor under this Agreemcllt, a11d colltaltl a
severabil1ty o C interest clause.
15.2 1'hroLi9hoLit tilt. Perin of this Lease Agreemcllt,
Lessee Shall maliltaltl, 111 fill forts and efft.c.t, fire 1t1SL1ra11ce and a Standard "all risk" 1)ohcy
covering all strictures and improvements at the Scliool Site and any personal property o ned by
Lessee located at the School Site. This coverage Must (i) colltaltl a waiver of SLlbrog7atlotl
cndon- emc11t 111 favor of Lc.SSor, (ii) covc-r loss or dalllagc to the Leased Premises and a11y'
Lessee -owned personal property [hereon in the amount (-)t the full replacement value,
(iii) include a deductible no greater than $5,000. Covered perils are to include fire, all risk,
vandalism, mallcloLis illlSch1cf, a11d sprinkler leakage. '1 hroLlghoLlt tilt-Term of this Lease
Agreement, lessor sliall maintain its ot.n property insurance covering any personal property
owned by Lessor located on the Scli(-)ol Site.
15.3 ��' _f1 -1` . Both Parties
sliall maintain, in Cull force and effect, Workers' Compensation Tnsurance or self- insurance, and
Emplovers' Llablllty I11SLlrallce or Self- 111surancc. �,%'lth hil11ts that collforlll to legal requlrt.il1t.11ts.
16. 1lazardoLis SLlbstailce Lidemillflcatlotl.
16.1 Lessee represents and warrants that its use of [lie Teased Premises herein
will not generate any hazardous substance, and it will not store or dispose on the leased
Premises, nor transport to or over the Leased Premises atly' hazardous substancc except for
reasonable amounts (-)t cleaning, office, educational, and landscape substances ordinarily used on
school sites. Lessee further agrees to defend, indemnity*, and hold harmless Lessor and its
officials, boards, con1miss1o115, c.niploycc.s, agents, a11d rc- prc.sclltativ es from, a11d rc.inc.diatc. the
Leased Premises from, any' releasc of any SLIcli 1lazardoLis SLlbstallce atld any dalllagc, loss,
expense, or liability* resulting frnn such release, including all at[orneyTs' fees, costs, and penalties
illc.urred as a result thereof, except any' release c.aLised by the Tlegligellce or 1i1tt.11tio11al act or
emission of lessor and its employees or agents. "Hazardous substance" sliall be interpreted
broadly to mean any substance or material defined or designated as hazardous or toxic waste,
hazardous or topic material, hazardous, toxic, or radioactivc. substallc.c, or other sinilhir term by
any federal, state, or local ciiv1roiimc.ntal law, regulation, or rule. presc.iltly Ill c.ffect or
pro nulgaled in [he [uture, as such I aw. s, regulations, or rules may be amended from time to time;
aild It sl1all be ltlterprcted to lilcludc, but ilot be lillted to, -,uiv Substancc. �,vlllcll after release
ltlto the ciiv1roiuiicilt Will or may reasoiiably be atlticipatcd to cause sic.kilt.s5, death, or disease.
16.2 Lessor represents and warrants that its use of [lie Teased Premises herein
will not generate any hazardous substance, and it will not store or dispose on the Teased
Premises, nor transport to or over the Leased Prcinisc.s -,uiv hazardous substallcc except for
reasonable amounts of cleaning, office, and landscape substances ordinarily used on City Park
sites. Lessor [ur[her agrees to defend, indernniCV, and hold harmless lessee and its officials,
boards, con missloil5, c.niployc.c.s, agetlts, a11d rc- prc.sciatativ es from, a11d rcmc.diatc. the Leased
Premises front, any release of aiiv Such hazardous Substallcc. aild -,aiv daillagc, loss, expeiisc, or
liability resulting from such release, including all at[orneys' fees, costs, and penalties incurred as a
result thereof, except any release caused by the iicglige11cc or inteiatio11a1 act or omissioii of
Lessee atld it', employees or agt.ilts.
17. Holding Over. Anti holding over after the expiration o the Term hereof, with
the consent of lessor, shall be construed to be a tenancy from month to month and shall
otlic.rkvisc be for the terms and oil the conditions licreili specified, so far as applicable..
18. Ac.ccptallc.e of Premises. By taking possessloii of the Leased Premises, Lessee
accepts the leased Premises in the condition existing as o the C.ommencemen[ T7ate. lessor
makt.s ilo rc- prt.scntatloii or warratlty as to the coiidltloii of the Leased Premises, gild Lessor
shall not be liable for -,aiv latent or patent defc.c.t i11 the Leased Prciiliscs, cXcept as otherwise
stated herein.
19. Uo[ion to Purchase. Tn addition to all other rights that lessee has under the
Lease, Lessor grants Lessee ail option ('Option ") to purchase the Leased Premises o11 the
following terms and conditions:
19.1 Purchase Price. The purchase price ('Purchase Price ") for the Building
Site shall be a mutually agreed price for the 3.7 acre Building Site, c_xcludillg all structures,
improvc.inc.ilts, aild pen-oiial property thcreoii. It the parties c.atltlot agree upoi1 the price withlil
sixtV. (60) days of Lessee's exercise of the Option, [lie purchase price shall be the fair market
value of the Building Site, c_xcludillg all structures, unllrovcincilts, aild pen-oiial property
thercoii, Subject to currt.ilt zonulg for l7ark use, as detcrilllticd by all appraiser mutually ag7rccd
upon by Lessor and Lessee. The fair market value shall be determined as though the Lessee
were acquiring the property £turn a private party. Both parties will meet with the appraiser
before coninitiic-cnictit of the appraisal assignm ilt to agree upoi1 tllc. cotldltimis, if any, to be
assumed in the appraisal. At this meeting, the parties t� ill provide the appraiser any information
to be considered by the appraiser in per[-orming the valuation. The cost of the appraisal, if anti,
Shall be S}harc.d equally' by Lessor aild Lessee. Upoi1 L'_xcrcisc of the Optioi1 by Les.scc, a id
kvithill forty -f vc. (45) days of the l7artics' agreemciat oii the Purchase Price or delivery of the
appraisal report, it anti, to Lessor and lessee, [he Purchase Price sli all be deposiled into an
escrow account.
19.2 'Perin of Optioil. Withiil thirty (30) days of the first miliv ersary of the
C.o11 mci1ccniCilt Date gild kvitlllil thirty (30) days of ally SL1bSt.CjLlt.11t alllllVCrSary of the
Commencement hate, lessee shall have [lie right to exercise the Option ( "Upturn Term ").
Upoll expiratioil of ally Optimi 'Perin, Lessor Shall be released from all obllgatloils wilder the
C ptioi1 Lllltll flit. ilext C ptio11 Tcrlll.
19.3 Exercise of Untion. The Option shall be exercised by Lessee by mailing
or delivering a written notice. of intent ('T xercise Notice") to lessor Prior to the end of [lie
C)ptioll ltrill. It 15 a Coildltloll to the effc.C.tiveiless of the exercise of C ptloll that Lessee Tlot
[lien be in default under this lease. Tf Lessee is in deCul[ under this Tease at [lie time lessee
gives the Pxercise Notice, [lie Exercise Notice shall be void. Tt is acknowledged and agreed that
simult- ,aicously with dt1iv c iilg tilt. Exercise Notice, Lessee shall cxccL1tc a PLlrchasc. alld Salt.
?igrcciiiciit k6th Lessor, 111 a form mutually acceptable to Lessor gild Lessee, uiidcr which Lessee
shall purchase the Tiuilding Site. The Purchase and Sale Agreement shall not be effective for any
purpose uillc.s5 Lessee timely gild effc.C.tiv ely delivers the Exercise Notice. Lessor shall t_xccLitc
the 1'Lirchasc and Salt. Agrccint.nt and cIcEvcr the cxccLitcd 1'Lirchasc and Salt. Agrccint.nt to tlic.
escrow anent within forty-five (45) days of receipt of the Exercise Notice and the Purchase and
Sale Agreement from lessee. The effective date of the Purchase and Sale Agreement shall be
the day Lessor ackilokv1cdgcs 111 writing that It rt.C.tived Lessee's Exercise Notice. 1'o the t_xtent
of ally' 1l1Coiisisteiicics betwecii the PLlrchas alld Sa1C greemcilt gild the Optio11, the Optloil
shall prevail.
19.4 Exercise Notice. The Exercise Notice, if mailed, Shall be scllt CCrtlflt.d
snail, postage. lire -Maid, to Lessor at tilt. address indiC.atcd bc1ow, and Shall be deemed to have
been delivered five (5) (lays after deposit in [lie United States mail. T sent by overnight delivery
service to Lessor, the Exercise Notice shall be deemed delivered the (lay after Lessee's deposit
with the ov criligllt dtEvcry service with all fees prt.l) aid. If dtEvcred in persoil, tlic. Exercise
Notice shall be deemed delivered upon receipt.
19.5 Co= -ance b�- Lesson Tf the Option is exercised, lessor shall convey
title to the Leased Premises by grant decd.
19.6 Lessor Dispositloil of Leased Premises. It Lessor p ails to dispose of the
Teased Premises, it hereby grants Lessee a right of first refusal to purchase the leased Premises.
20. Non -Wa vcr. No waiver of any default under this Lease shall constitute. or
operate as a wa.1vcr of any sL1bseclucilt dt.fault licreullder, gild ilo delay, failure, or omission ill
exercising or enforcing any right, privilege, or option under this lease shall cons, tilute, a waiver,
abandonment, or relinquishment thereof, or prohibit or prevent any election under or
cilforccint.nt or t_Xcrcisc of ally right, prig ilcgt., or option hercuildcr. No waiver of ally
provision hereo C by Lessor or Lessee shall be deemed to have been made unless and until such
waiver shall have been reduced to writing and signed by Lessor or Lessee. The receipt by Lessor
oC rent w itli knowledge oC any default under [his Tease sli all not constitute or operate as a waiver
o C sucli tie Caul I.
21. Coy e11a11ts Ru11 with Ladd. 'l lic. 1grccilltllts, coveiia11ts, a11d co11ditioi1S 111 this
Lease art. a11d Sllall be deemed to be covcii1i1ts ruimui ig with the Ia11d, a11d shall be bi11ding upoll
and shall inure to [he bene[it and Lessee. and their respective successors and assigns.
22. Collstruc.tion. This Lease shall ilot be construed as if It had beC11 prt{lart.d by [lilc
of the parties, but rather as if both partics had prt.parcd it.
23. Further Assurances. Whenever requested to do so by [lie ether party, each party
sliall execute, acknowledge, and deliver any further conveyances, agreements, con[irmations,
satisfactimis, rcicast.S, powers of attorney', 111strullleilts of further assurailcc, approvals, collsctits,
and any further instruments and documents as may be necessary or proper to complete any
convevances, transfers, sales, or agreements contemplated by this Tease. Facli party also agrees
to do wily' other acts to t_xecute, ac.kilowlt.dge, a11d dcEv r wily' doc.umcilts rcclut.Stt.d to carry out
the 111ttllt gild purpose of this Lease.
24. Third -Party Rioits. Nothing in this lease, express or implied, is intended to
confer upo11 wily persoil, other th111 the parties a11d dicir respective successors atld ass1gi1S, a11V
rights or remedies under or by re1So11 of this Lease.
25. TnteA ation. This Tease and [lie attached exliibits contain the entire agreement
between [he parties regarding the subject matter o [he Leased Premises, and this lease
expressly Supersedes all previous or coiltelllporaiicous agreemcilts, undcrstalldltlgs,
rcprtsciltatio11s, or statements betwet.11 the partlt.S rt.gardltlg those. matters.
26. Amendment. This Tease may only be amended or altered, by an instniment in
writ111g executed by Lessor gild Li.Sscc.
26.1 Non- Matcrlal ?inici1dmeilts. Tiny a111Ci1dnici1ts to this Lease which do ilot
relate to (a) the Term o the Tease as provided in paragraph 2; (b) changes in [lie permitted uses
o the Leased Premises as provided in paragraph 5 [hat would ma[eriallti alter [he impacts that
the use of the Lease Premises have Oil the coil muillty; (c.) challgt.S that would cause tltllt.r party
to incur material increases in costs; or (d) material changes in the insurance and indemnity
previsions as provided in paragraphs 14, 15, and 1 Ci, coati be approved by the Less 'S
Super111te11dcilt a11d by the Lessor's City 1Llanager and Shall 11ot, exc.t.pt to the cxtt.11t otherwise
rt.quired by Iaw, approval by City Council or by the District Board of Educ.atioll before the
parties matt execute an amendment hereto. The City ;Manager shall determine w-hether an item
is "material" for the City, a11d the Superltltcildtllt Shall detcrlllltic whether a111tem 15 "material"
for the District..
27. Notices. All notices, requests, demands, and other communications hereunder
shall be in writing and shall be deemed given if personally delivered, delivered by overnight
delivery service or mailed, via certified 1nai1, rcturll receipt requested, to the followillg addresses:
Tf to lessor, to: City Manager
City of Dublin
100 Civic. Plaza
Dublin, C;'s 94568
Willi a copy to: john Bakker, Esq.
City Attoriicy°
l cvcrs, Nave, Hiback, Silver S:. Wilsotl
555 12r11 Street, Suite 15[1[1
Oakland, CA 94607
If to Lessee, to: Superitltetldtrlt
Dublin -Unified School District
7471 Larkdale Avenue
Dublin, C;'s 94568
With a copy to: lllarilvn J. C1cvc1atld, Esq.
Dannis Woliver Kellev
2775 Battery Street, Suitt. 1150
Sail Fraiicisc.o, CA 94111
Any notice given bti Personal delivery sliall be effective upon receipt. Any notice given by
overnight delivery sere ice sliall be effective [lie dati after delivery to the overnight delivery
service carrier. ?any notice gig eii by mail sliall be effc.c.tiv e five (5) days after deposit with the
U.S. Postal Service.
28. Assignment. Neitlier party may assign or transfer [lieir rights under [liis Tease
without tlic. prior writtt.n coiiseiit of the other lxarty; however, each party may allow use by
others of the portions of the Leased Prcin scs over which it has control during tlic. titnt.s it has
control of portions of the Teased Premises.
29. Successors and Assi( ns. This lease shall be binding upon and inure to [lie
benefit of the parties, their respective successors,1)crsoiial reprtsciitativ es, atld aSS19i1S.
30. Au[liori -. Lessor and Lessee represent that each, respectively, leas the Cull right,
power, and authority to execute [liis Tease.
31. C ovcriiin�Z Law. This Lease Shall be coiistrued M accordatice With the laws of the
State of Califorma.
32. Partial Tnyalidity. T anti term of Ili is Tease is found to be void or invalid, sucli
ttivandtty Shall Clot affect the rciiialtlltlg terms of tht5 Lease, which Sllall cot1tit1uc M full force
atld cffc.ct.
33. Quiet Possession. Lessor lierebti warrants and represents Ili at there are no liens,
encumbrances, or exceptions to property title as of [lie date of this Tease that would interfere
with Lessee's rights hereunder, and tliat Landlord leas the legal riglit and title to enter into tliis
Tease.
34. 11 cmoraildum of Lease. 1-ollowiilg the excc.utimi of this Lease, cithcr Marty, at its
Sole L'xpciisc, shall be ciititled to record a "short form" 11 cmoraildum of Lease in dic. forill
attached hereto as - Fxhlbit -F.
37. C.oulltcrParts. Tllls Lease may be executed ill c.oulltcrParts, each of which shall
be deemed all orlgimA alld all of which t-Acil togaher Shall coiistitute oiic alld the same
1 n S trlli7l eI7 t.
IN WITNESS WHEREOF, this lease was executed by the Parties as of the dates set
forth bc1ow.
LESSOR
C:TTY OF DUB1 JN
Bv:
N amt:
City j1dallager
Date:
LESSEE
DUB1JN UNTFTED SCHOOL DTSTRTC:T
By:
ltialnc:
SuperMtciid tilt
Date:
y
0
N�
Exhibit A
Location Map
............................ ............................... .
JORDAN RANCH IIIliY'C'Lk;RY!INI,.,Nlh , l ihll.,lll� "N NIA @NNNNJ�
.�n.mnnoexxi x n.wwr,w..w..,..............y� �..y............
m; N �P MIS .....O ....................... EWINES
tlWN NfY'�AIdEJLJ9E'fC IWN91KtlN°I
u
HIP
Page 1
Exhibit S
Legal Description of the Leased Premises
Parcel E of Tract 8024 recorded ici Kook 313 of Alaps, Pages 88 -100 on December 19, 2011,
Document No. 2011 - 368960.
Page 1
R r.L C
�c
a-
^r x
cr,
C
C
x
7
Exhibit C
Plan
I
I 1 `
� � � "emu, ................ ��..-
1. .......mow'
Page 1
mu
c;
Exhibit D
Construction Plans
[ to come]
Page 1
Exhibit E
Form of Memorandum of Lease
Exhibit A - Form of Ground Lease
H,.CURDI-N G R EQuEs'l' 1] BY:
CITY OF DUBLIN
Wlit.n Kc- corded j1dai1 '1'o:
City Clerk
City of Dublin
100 Civic. Plaza
Dublin, CA 94568
Fee W'rarrled per• G(,' 273S_3
5pacc above this line for Re-cord e 's use
MEMORANDUM OF GROUND LEASE BETWEEN
THE CITY OF DUBLIN AND THE DUBLIN UNIFIED
SCHOOL DISTRICT FOR THE SCHOOL /PARK SITE
IN JORDAN RANCH
lllls LLlenloranduin of Ground Lease Between the City of Dublin alld the Dublin
Unifit.d School District for the School/Park Site ltl Jordall Rauch (this "Memorandum ") is
entered into this _ day oC_, _, by and beo een [lie Citti of Dublin, a municipal corporatism
('Lessor "), and the Dublin Unified School District, a California Public scliool district ( "Lessee ")
Lessor alld Lessee arc, frotn tinic -to -tune, ltldividually reft.rrcd to In this LLlenloranduin as a
"Party," and are collectively referred to as "Parties."
1. Pursuant to the Ground Lease Between the City of Dublltl and the Dublin
Utiifit.d School District for the School/Park Site iti J ordaii Rauch as of by atld between
Lessor and lessee (the "Ground Lease "), the Parties liave set Cortli their respective oblinations
with respect to Lessee's lease of certain laiid frotn tilt. Lessor for the construction and operation
of a school atld joltlt -Lisp playground atld conlnlunity hark.
2. lessor and lessee have executed and recorded [liis ins[niment to give notice oC the
Agrcciiicnt, atld the respective rlgllts and obltgatlons of Lessor atld Lessee. The unrecorded
Ground lease Be ow. een the City oCDublin and the Dublin Unified 5cliool District Cor the
5cliool/Park Site in Jordan Ranch is incorporated by reference in its entirety in this
l cnioratld um.
"Ibis Memorandum sli all bind and inure to [lie bene[i[ (-)C the Parties and [lieir
rt.spt.c.tive htlrs, successors atld asslgtls, Subject however to restrictions set forth In the
Agrcciiicnt rt.garditig assi�7lunclit.
Exhibit A - Form of Ground Lease
Exhibit A - Form of Ground Lease
IN Wfl'NESS WI IEIZE0F, the parties have executed this 111e.inoratidum as of the date
first set forth above.
LESSOR
CITY OF DUBLIN
By:
Name:
City Manager
Date:
2606353.1
LESSEE
DUBLIN UNIFIED SCI 10 OL DISTIUCT
By:
Name:
.Superintendent
Date:
Exhibit A - Form of Ground Lease
Exhibit B to the Resolution
SECOND AMENDED AND RESTATED
AGREEMENT BETWEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING USE OF FACILITIES
FOR COMMUNITY RECREATION
This Second Amended and Restated Agreement between City of Dublin and Dublin Unified School
District Regarding Use of Facilities is made and entered into this _ day of March, 2016, by and between
the CITY OF DUBLIN, a municipal corporation, hereinafter called "CITY," and the DUBLIN UNIFIED
SCHOOL DISTRICT, a public school district of the State of California, hereinafter called "DISTRICT." CITY
and DISTRICT may be referenced as the "Parties."
WITNESSETH
WHEREAS, the CITY, through its Parks and Community Services Department, and the DISTRICT
are mutually interested in providing an adequate program of community recreation; and
WHEREAS, California Education Code section 10900 et. seq. authorizes and empowers cities and
school districts to organize, promote and conduct programs of community recreation which will contribute to
the attainment of general recreational and educational objectives for children and adults of this State, and
to enter into agreements with each other for such purpose; and
WHEREAS, in the interest of providing the best community recreation service with the least
possible expenditure of public funds, full cooperation between CITY and DISTRICT is both necessary and
desirable; and
WHEREAS, the Parties previously entered into a master joint use agreement detailing the Parties'
joint use of CITY and DISTRICT facilities in the Agreement Between City of Dublin and Dublin Unified
School District Regarding Use of Facilities, dated September 25, 1989, and subsequently amended and
restated that agreement on May 7, 2011 (the "Joint Use Agreement "); and
WHEREAS, the Parties hereto have entered into separate agreements regarding the Parties' joint
use of specific facllltl2s:
■ Stager Community Gymnasium at Valley High School pursuant to the Agreement Between
City of Dublin and Dublin Unified School District Regarding Joint Funding of Community
Use Gymnasium and Repealing January 28, 1991 and October 24, 1995 Agreements,
entered into on September 10, 1997;
• Tennis Complex at Dublin High School pursuant to the Agreement Between the City of
Dublin and Dublin Unified School District For the Funding of the Dublin High School Tennis
Complex Renovation Project and the Subsequent Operations of Said Tennis Complex,
entered into on July 16, 2013;
■ Dublin High School Center for Performing Arts and Education pursuant to the Agreement
Between City of Dublin and Dublin Unified School District for Use of Theater Facilities at
Dublin High School Center for Performing Arts and Education Dated March _, 2016; and
Second Amended Agreement between City of Dublin and Dublin Unified School District March _, 2016
Regarding Use of Facilities for Community Recreation Page 1 of 9
D-%ZT Sr- 3D22, -'vS
Exhibit B to the Resolution
■ Jordan Ranch Park Site pursuant to the Ground Lease for the School /Park Site in Jordan
Ranch that is the subject of the Option to Ground Lease of the same date as this
Agreement; and
WHEREAS, CITY and DISTRICT desire to amend and restate the Joint Use Agreement to reflect
changed circumstances.
NOW, THEREFORE, in consideration of the promises herein, CITY and DISTRICT agree as
follows:
1. USE OF DISTRICT PROPERTY. DISTRICT shall make available to CITY for community
recreation activities all DISTRICT property within the CITY limits which may include classrooms,
gymnasiums, multi - purpose rooms, athletic fields, school activity asphalt areas, and other similar areas
which are suitable for community recreational activities as defined in Section 10901(c) of the Education
Code. Said property shall be free and clear of discernable, unsafe, and hazardous defects. By September
1 of each year, DISTRICT shall provide to CITY a list of DISTRICT facilities available for community
recreational activities during the upcoming school year, from September through May. By March 20 of
each year, DISTRICT shall provide to CITY a list of DISTRICT facilities available for community
recreational activities during the upcoming summer months, from June through August. The list shall
identify the specific school site and facility and include the days and times available for use by the CITY
during non- DISTRICT use hours. The facilities described on these lists shall be referred to as "Joint Use
District Facilities." DISTRICT reserves the right to withhold any site from CITY use because of
construction, modernization, summer cleaning, repairs, or field restoration or renovation on the site or other
reasons.
a. Scheduling Meetings. DISTRICT and CITY shall meet at least once every quarter for
scheduling meetings. The purpose of these scheduling meetings shall be to protect real and
personal property involved, resolve any issues concerning maintenance or renovation of any Joint
Use District Facilities, and address either of the Party's concerns or issues arising under this
Agreement.
b. Online Schedule for Use of Joint Use Facilities. After DISTRICT has identified those Joint
Use District Facilities available for CITY use, DISTRICT shall establish an online schedule of Joint
Use District Facilities, dates, and times ( "Online Schedule ") to which the CITY has access. The
purpose of the Online Schedule shall be to coordinate the uses of the Joint Use District Facilities
under this Agreement to avoid conflict between DISTRICT, CITY, and third -party users.
C. DISTRICT shall be responsible for scheduling all use of Joint Use District Facilities under
this Agreement, including use by DISTRICT, CITY and community groups. All requests for use of
Joint Use District Facilities by community groups shall be submitted online to the DISTRICT.
DISTRICT and CITY shall reference the Online Schedule to schedule community groups' use
accordingly.
d. CITY divides its calendar into three (3) "Seasons ": Summer Season, Fall/Winter Season,
and Spring Season. Prior to the commencement of each Season, CITY shall use its best efforts to
schedule all activities to take place during that Season. In no event shall CITY reserve Joint Use
District Facilities less than ten (10) working days prior to CITY's need of a Joint Use District
Second Amended Agreement between City of Dublin and Dublin Unified School District March _, 2016
Regarding Use of Facilities for Community Recreation Page 2 of 9
D_% ZT Si 8 D22 ,`vS
Exhibit B to the Resolution
Facility. DISTRICT shall make every effort possible to avoid cancellation of a CITY - confirmed
reservation less than ten (10) working days prior to the scheduled activity. In case such
cancellation cannot be avoided, DISTRICT shall make every effort to provide an alternate school
area or facility.
e. Priority of Use. In scheduling Joint Use District Facilities for community recreation
activities pursuant to this Agreement, the following uses will be given priority in descending order
and use will be scheduled in accordance with the DISTRICT's Facility Use Policies. The priority for
use of the Joint Use Facilities is as follows.
1) DISTRICT shall have first priority for use of or work on its facilities, including the
Joint Use District Facilities, for its educational, instructional, and other DISTRICT - related activities,
events, and programs during the entire year, including summer months, construction,
modernization, summer cleaning, repairs, or field restoration or renovation.
2) Events or activities designed to serve the youth and citizens of the individual
school community which are planned and directed by school- or District - related groups (PFC,
Band Boosters, and similar groups).
3) Events or activities connected with community recreational programs sponsored
by the CITY's Parks and Community Services Department.
4) Use by community organizations whose primary purpose is service to youth or the
improvement of the general welfare of the community (Boy /Girl Scouts, Youth Athletic Leagues,
and similar organizations).
5) Use by civic and service groups such as Chamber of Commerce, League of
Women Voters, Rotary, Lions, Kiwanis, whose purpose, through the use of school facilities, is to
improve the general welfare of the community and, where admission is charged, whose net
receipts are expended for welfare of youth or other charitable purposes.
6) Use by individuals or groups who are eligible to rent the facilities for legitimate
purposes in accordance with the Education Code Section 10901 and whose net receipts are not
expended for pupil welfare or charitable purposes.
f. Use Charge. Upon written invoice from the DISTRICT, the CITY agrees to pay for use of
the Joint Use District Facilities charged by the DISTRICT. The charge to the CITY for use of Joint
Use District Facilities shall include the following elements:
1) Use of custodial services or supplies in addition to those normally required for
DISTRICT use. The charge for custodial services or supplies shall be at the rate charged by
DISTRICT to nonprofit organizations. Custodial services include janitorial and maintenance
services such as cleaning, stripping, set up and removal of furniture and equipment.
2) Charge for any space made available for exclusive use of the CITY, to the
exclusion of any other party, including DISTRICT. The charge for exclusive use of Joint Use
District Facilities shall be at the rate charged by DISTRICT to nonprofit organizations.
Second Amended Agreement between City of Dublin and Dublin Unified School District March _, 2016
Regarding Use of Facilities for Community Recreation Page 3 of 9
D-%ZT Sr- 3D22, -'vS
Exhibit B to the Resolution
3) An "energy use fee" covering the costs to DISTRICT of providing energy to the
facilities during such times as CITY uses Joint Use District Facilities.
4) Cost of DISTRICT representative's time if on duty at the Joint Use District Facility
in excess of his or her normal schedule during CITY's scheduled use. DISTRICT representative's
time shall include two (2) hours to open and two (2) hours to close the Joint Use DISTRICT
Facilities.
Prior to charging CITY for any of the above listed services, DISTRICT shall provide CITY with a
current schedule of the applicable rates. If during the term of this Agreement, DISTRICT believes
that any of the established rates are insufficient in any respect, DISTRICT shall immediately inform
CITY in writing of this fact. As soon as practicable, DISTRICT shall provide CITY with the
proposed new rate. In no event shall DISTRICT charge a higher rate than those specified in the
schedule provided to CITY.
g. Other Terms Regarding CITY Use of Joint Use DISTRICT Facilities.
I ) CITY shall be responsible for any damage to Joint Use District Facilities except
normal wear and tear which may result from any community recreation activity being conducted by
CITY on Joint Use District Facilities.
2) A CITY or DISTRICT adult representative (21 years or older) shall be on site
whenever the inside of Joint Use District Facilities is being used. If the activity takes place at a
time when DISTRICT representatives are not normally scheduled to be on duty, the cost of
providing a CITY or DISTRICT representative shall be charged by CITY or DISTRICT to the
responsible organization.
3) CITY shall provide authorized personnel to supervise CITY activities conducted on
Joint Use District Facilities. Personnel employed by CITY shall be supervised by CITY. The
absence of adequate supervision of CITY personnel or program participants shall be considered a
breach of this Agreement and may result in termination of use of DISTRICT facilities for the
unsupervised program.
4) CITY shall notify the DISTRICT as soon as possible, and in all events within
twenty four (24) hours, if Joint Use District Facilities used by the CITY have been vandalized,
damaged, or are in need of repair or present a safety hazard for any user. In the case of
vandalism, the CITY shall notify the CITY's Police Department (Crime Tips 1 Graffiti Hotline 1
Phone: 925 - 833 -6638) of all vandalism as soon as possible. DISTRICT shall bill the cost of
repairing vandalism or damage occurring during a scheduled activity to the responsible
organization, including the CITY if it occurs during a CITY activity or activity sponsored by the CITY
and conducted by others and CITY shall pay for those repairs.
h. Insurance. Use scheduled by groups under paragraph 1(e)(2) - (5) shall require evidence
of general commercial liability insurance in an amount and form acceptable to, and approved by,
the CITY and DISTRICT, showing the CITY and DISTRICT as additional insureds.
2. USE OF CITY PROPERTY. CITY shall make available to DISTRICT for DISTRICT or
DISTRICT - related events, activities or programs all CITY recreation facilities which are suitable for said
Second Amended Agreement between City of Dublin and Dublin Unified School District March _, 2016
Regarding Use of Facilities for Community Recreation Page 4 of 9
D-%ZT Sr- 3D22, -'vS
Exhibit B to the Resolution
events, activities or programs. Said facilities shall be free and clear of discernible unsafe and hazardous
defects. The facilities shall be selected by the DISTRICT in writing, subject to the written approval of the
CITY, and shall be referred to as "Joint Use City Facilities ".
a. Priority of Use. In scheduling use of Joint Use City Facilities, CITY - sponsored programs
shall have first priority use. DISTRICT activities shall have second priority. CITY shall make every
effort possible to avoid cancellation of a confirmed DISTRICT reservation less than ten (10)
working days prior to the scheduled activity. In cases that such cancellation cannot be avoided,
CITY shall make every effort to provide an alternative City area or facility.
b. Use Charge. Upon written invoice from the CITY, the DISTRICT agrees to pay for use of
the Joint Use City Facilities charged by the CITY. The charge to the DISTRICT for use of Joint
Use City Facilities shall include the following elements:
1) Use of custodial services or supplies in addition to those normally required for
CITY use. The charge for custodial services or supplies shall be at the rate charged by CITY to
nonprofit organizations.
2) Charge for any space made available for exclusive use of the DISTRICT, to the
exclusion of any other party, including CITY. The charge for exclusive use of Joint Use City
Facilities shall be at the rate charged by CITY to nonprofit organizations.
3) Cost of CITY representative's time if on duty at the Joint Use City Facility in
excess of his or her normal schedule during DISTRICT's scheduled use.
C. Prior to charging DISTRICT for any of the above listed services, CITY shall provide
DISTRICT with a current schedule of the applicable rates. If during the term of this Agreement,
CITY believes that any of the established rates are insufficient in any respect, CITY shall
immediately inform DISTRICT in writing of this fact. As soon as practicable, CITY shall provide
DISTRICT with the proposed new rate. In no event shall CITY charge a higher rate than those
specified in the schedule provided to DISTRICT.
d. Other Terms Regarding DISTRICT Use of Joint Use CITY Facilities.
1 j DISTRICT shall be responsible for any damage to Joint Use City Facilities other
than normal wear and tear which may result from any DISTRICT - scheduled activity on the Joint
Use City Facility.
2) DISTRICT shall provide authorized personnel to supervise DISTRICT activities
conducted on Joint Use City Facilities. Personnel employed by DISTRICT shall be supervised by
DISTRICT.
3) DISTRICT shall notify CITY as soon as possible, and in all events within twenty
four (24) hours if the Joint Use City Facility used by the DISTRICT has been vandalized, damaged,
is in need of repairs or presents a safety hazard to any user. CITY shall bill the DISTRICT for the
cost of repairing any vandalism or damage that is the direct result of a scheduled DISTRICT
activity and DISTRICT shall pay for those repairs.
Second Amended Agreement between City of Dublin and Dublin Unified School District March _, 2016
Regarding Use of Facilities for Community Recreation Page 5 of 9
D_% ZT Si 8 D22 ,`vS
Exhibit B to the Resolution
3. USE OF DUBLIN SWIM CENTER. CITY shall make the Dublin Swim Center ( "Swim
Center") available to DISTRICT from February through June of each year for the purpose of conducting
DISTRICT'S swim team programs, swimming instruction and other appropriate aquatic programs as agreed
upon by CITY and DISTRICT.
a. Use Charge. DISTRICT agrees to reimburse CITY in the amount of one -third (113) of the
actual operating cost of the Swim Center during the period of time used by DISTRICT. Operating
costs include gas and electricity, water and sewer, chemicals and maintenance. CITY shall
provide documentation supporting the charges to the DISTRICT upon DISTRICT's request at any
time.
b. Scheduling. DISTRICT shall submit to CITY a schedule of hours and days during which
DISTRICT will use the Swim Center. CITY agrees that DISTRICT may use the Swim Center
during time periods and on days set forth in said schedule, as approved by CITY in writing.
DISTRICT may change days and times of use upon forty -eight (48) hours' advance notice to CITY
in writing.
C. Terms Regarding DISTRICT Use of Swim Center.
1) During periods of time the Swim Center is used by DISTRICT, CITY shall:
a) Maintain the landscaping and grounds of the Swim Center, including irrigation
as necessary;
b) Provide lifeguards to provide acceptable coverage of the pool, and
rescue/first aid services. DISTRICT shall reimburse CITY for 100% of the
actual costs of providing lifeguarding services during DISTRICT's exclusive
use of the Swim Center.
2) During periods of time the Swim Center is used by DISTRICT, DISTRICT agrees
to assume responsibility for the following:
• Equipment necessary for the DISTRICT's swim team's use including towels, suits
and other equipment, provided, however, that CITY shall provide access to typical
competitive swimming equipment such as lane lines, backstroke pennants, pace
clock and kickboards;
■ Qualified swim instructors, swim coaches and other necessary personnel to carry
out the DISTRICT'S aquatics program;
■ Assist CITY with covering the pool while not in use and uncovering it while in use;
and
■ Supervision of DISTRICT participants at all times when the Swim Center is in use
by DISTRICT and DISTRICT shall reimburse the CITY for any damages to the
pool or other structures or installations caused by DISTRICT's use as a result of
negligence or vandalism, other than resulting from acts of God or normal wear and
tear.
Second Amended Agreement between City of Dublin and Dublin Unified School District March _, 2016
Regarding Use of Facilities for Community Recreation Page 6 of 9
D_% ZT Si 8 D22 ,`vS
Exhibit B to the Resolution
4. OTHER CITY AND DISTRICT AGREEMENTS. This Agreement applies to joint use of all
CITY and DISTRICT property, except with respect to the following facilities, the use of which are addressed
in separate agreements between the Parties: Stager Gymnasium at Valley High School; Dublin High
School Tennis Complex; Dublin High School Center for Performing Arts and Education; Jordan Ranch
School /Park Site (except as otherwise specified therein); and any future property or facilities of either Party.
5. IMPROVEMENTS TO DISTRICT PROPERTY. CITY and DISTRICT may enter into a
separate agreement for the installation of sprinkler systems, turfing, playground equipment, fencing, and
additional recreational equipment on Joint Use District Facilities. Both CITY and DISTRICT agree to
negotiate in good faith to enter into such agreements.
Any such agreement for installation or erection of permanent improvements or equipment on Joint Use
District Facilities by CITY shall address the use and ownership of such improvements or equipment, as well
as the reimbursement or removal of such improvements or equipment in the event that either Party
terminates this Agreement or the DISTRICT disposes of any Joint Use District Facility.
6. INDEMNIFICATION.
a. Indemnification of CITY by DISTRICT. DISTRICT shall defend, indemnify, and hold
harmless the CITY, its officers, agents, and employees, from any and all liability, loss, damage,
cost or expense which CITY shall become obligated to pay by reason of any claim, lawsuit or
judgment on account of injury to property or injury or death to persons received or suffered as a
result of the use of the Joint Use District or City Facilities by DISTRICT or any program associated
with or any other activity scheduled by DISTRICT, except where the injury is caused in whole or in
part by the CITY, its employees' or officers' own fraud or willful injury or violation of the law.
b. Indemnification of DISTRICT by CITY. CITY shall defend, indemnify, and hold harmless
the DISTRICT, its officers, agents, and employees, from any and all liability, loss, damage, cost or
expense which DISTRICT shall become obligated to pay by reason of any claim, lawsuit or
judgment on account of injury to property or injury or death to persons received or suffered as a
result of the use of the Joint Use District or City Facilities by CITY, or any program associated with
or any other activity scheduled by CITY, except where the injury is caused in whole or in part by
the DISTRICT, its employees' or officers' own fraud or willful injury or violation of the law
7. INSURANCE. Each Party hereto shall at all times maintain a policy of comprehensive
general liability insurance in the principal amount of at least Two Million Dollars ($2,000,000.00) combined
single limit per occurrence for bodily injury, personal injury and property damage.
a. DISTRICT Policy. Said policy held by DISTRICT shall be endorsed to name CITY, its
officers, employees, agents and volunteers as additional insureds regarding liabilities arising out of
maintenance, operation and use of the Joint Use District and City Facilities. Said policy shall be
endorsed as primary and shall contain provisions which preclude policy suspension, policy
cancellation, or reduction in policy limits except after thirty (30) days prior written notice to CITY by
certified mail, return receipt requested.
b. CITY Policy. Said policy held by City shall be endorsed to name the DISTRICT, its
officers, employees, agents and volunteers as additional insured regarding liabilities arising out of
Second Amended Agreement between City of Dublin and Dublin Unified School District March _, 2016
Regarding Use of Facilities for Community Recreation Page 7 of 9
D-%ZT Sr- 3D22, -'vS
Exhibit B to the Resolution
maintenance, operation and use of the Joint Use District and City Facilities. Said policy shall be
endorsed as primary and shall contain provisions which preclude policy suspension, policy
cancellation, or reduction in policy limits except after thirty (30) days prior written notice to
DISTRICT by certified mail, return receipt requested.
C. Neither Party's insurance carrier /company shall have any recourse against the non - policy
holder Party, its officers, employees or agents for the payment of any premiums or assessments or
any right of subrogation under any policy of insurance issued to DISTRICT or CITY and endorsed
as set forth herein.
d. The Parties understand and agree that each Party shall be responsible for the payment of
any deductibles under the policies of insurance in effect under the terms of this Agreement, subject
to the right of the Party to exercise any and all remedies available to it for recoupment of these
monies.
B. DISPUTES. In the event of a disagreement between the CITY and the DISTRICT on the
interpretation of any provision of this Agreement, the City Manager and District Superintendent, or their
designees, shall meet and resolve the differences within thirty (30) days. If they are unable to resolve the
dispute, the Parties shall agree to a mediator from a list provided by JAMS and submit the dispute to
mediation according to JAMS' rules. The costs of the mediator shall be borne equally by CITY and
DISTRICT.
9. REVIEW. This Agreement shall be reviewed on a biennial basis or more often as needed.
10. REPRESENTATION OF COMPREHENSION OF DOCUMENT. Each Party has reviewed
and revised or had the opportunity to review and revise this Agreement. Accordingly, the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be
employed in the interpretation of this Agreement or any amendment of it that has been reviewed and/or
revised by both Parties.
11. TERM. This Agreement provides for CITY programs and community recreation activities
using DISTRICT -owned property, and DISTRICT- sponsored activities using CITY -owned property. It is
intended to establish the general understanding of the Parties (except as provided by the separate
agreements relating to specific joint use facilities) pertaining to the use of specific facilities at particular
named sites belonging to CITY or DISTRICT.
This Agreement shall remain in full force and effect so long as CITY and DISTRICT shall maintain and
operate facilities capable of joint use by the Parties; provided, however, that this Agreement may be
amended, in writing, by mutual consent at any time, or terminated on the 30th day of June of any year
hereafter upon either Party giving written notice to the other Party, one hundred eighty (180) days prior to
termination date, of its intention to so terminate.
12. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each
full set of which shall constitute a full enforceable counterpart of this Agreement, all of which together shall
constitute but one Agreement.
Second Amended Agreement between City of Dublin and Dublin Unified School District March _, 2016
Regarding Use of Facilities for Community Recreation Page 8 of 9
D_% ZT Si 8 D22 ,`vS
Exhibit B to the Resolution
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective officers and duly authorized by the CITY and DISTRICT the day and year first above written.
DISTRICT: CITY:
DUBLIN UNIFIED SCHOOL DISTRICT, CITY OF DUBLIN,
a public school district of the State of California a municipal corporation
M
Dr. Stephen L. Hanke, Superintendent
2607912.1
Christopher L. Foss, City Manager
ATTEST:
By:
Print:
Title:
City Clerk
Second Amended Agreement between City of Dublin and Dublin Unified School District March _, 2016
Regarding Use of Facilities for Community Recreation Page 9 of 9
D-%ZT Sr- 3D22, -'vS
Exhibit C to the Resolution
AGREEMENT BETWEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT
FOR USE OF THEATER FACILITIES AT
DUBLIN HIGH SCHOOL
CENTER FOR PERFORMING ARTS AND EDUCATION
THIS AGREEMENT dated ' 2016 ( "Effective Date "), is by and between the CITY OF
DUBLIN, a Municipal Corporation ("CITY"), and DUBLIN UNIFIED SCHOOL DISTRICT, a subdivision of
the State of California ("DISTRICT .
WHEREAS, the CITY and DISTRICT have entered into a Memorandum of Understanding
(MOU) regarding an Option to Ground Lease with the same date as the Agreement for a long -term
ground lease by the DISTRICT of CITY property, consisting of approximately ten (10) acre school
and joint use playground and park site, valued at over $30 million; and
WHEREAS the CITY desires to help the DISTRICT obtain rights to build a school on the
leased land, while at the same time preserving the Public's ability to use portions of this CITY —
owned land for public recreational and park purposes; and
WHEREAS, the CITY and DISTRICT are parties to an Agreement regarding joint -use of CITY
and DISTRICT facilities in the mutual interest of providing an adequate programming of community
recreation under the sponsorship of the CITY; and
WHEREAS, the Agreement for Joint Use of Facilities provides for the CITY and DISTRICT to
enter into separate agreements for improvements to joint use facilities; and
WHEREAS, on or about November 5, 2013, the Dublin CITY Council gave the DISTRICT more
than three hundred thousand dollars {$300,000.} provided by the developers of the Jordan Ranch
project in funding for joint use projects, including the Dublin High School Center for Performing
Arts and Education { "Center"} far community use; and
WHEREAS the CITY does not currently awn or operate a comparable Center facility for
performing arts events for the enjoyment of the residents of the CITY and DISTRICT's mutual
service area;
WHEREAS, Education Cade Section 10900 et seq. of the State of California authorizes and
1
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D_% ZT Sr SV3�09vI
Exhibit C to the Resolution
empowers cities and school districts to organize, promote and conduct programs of community
recreation which will contribute to the attainment of general recreational and educational
objectives for children and adults of this State, and to enter into agreements with each other for
such purposes, including agreements for the purpose of improving and maintaining recreation
opportunities far the residents of the CITY.
NOW, THEREFORE, the CITY and DISTRICT enter into this Agreement.
Section 1. PURPOSE OF THIS AGREEMENT AND CONTINGENT EFFECTIVE DATES.
This Agreement provides for use of the Dublin High Schaal Center for Performing Arts
and Education for community recreation activities using DISTRICT property. This
Agreement is contingent upon CITY and DISTRICT entering into and approving a long
term lease by the CITY to the DISTRICT of the land depicted on Exhibit A hereto for
DISTRICT use for school purposes ( "Lease "). If the Lease is not approved by bath parties,
this Agreement shall be null and void.
Section 2. USE OF FACILITIES AND EQUIPMENT BY CITY
2.1 Authorization of Use: Subject to the terms and conditions of this Agreement,
DISTRICT hereby authorizes CITY to use the Center facilities at Dublin High School Center for
Performing Arts and Education, 8151 Village Parkway, Dublin, California, subject to the
conditions in this Agreement and those applicable to other non - DISTRICT user groups. CITY
shall have access to all parts of the facility normally available to non- DISTRICT user groups.
2.2 Specific Center Schedule: CITY shall be permitted to schedule use of the Center
facility for not to exceed one hundred twenty eight (128) hours, including ten (10) eight (8)
hour days and forty eight (48) additional hours perJuly 1 through June 30 fiscal year, subject
to the terms and limitations set forth in this Agreement, including Exhibit B hereto, which is
hereby incorporated in this Agreement. CITY's dates and hours of use shall be scheduled at
least twelve (12) months prior to use and approved by both parties at the mutual
convenience of the DISTRICT and CITY. DISTRICT shall retain first priority for scheduling
dates, including for DISTRICT - sponsored groups, such as Boaster groups and Parent Faulty
Council (PFC) and revenue generating events. CITY shall have second priority for scheduling,
ahead of non - profit and other groups. DISTRICT shall have the right to reject any CITY or
CITY - authorized performance based on whether it is appropriate within a school facility or
based on coordination with other events on campus. Once dates have been scheduled by
the CITY and confirmed by the DISTRICT, DISTRICT shall not have the ability to cancel or
2
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D_% ZT Sr SV3�09vI
Exhibit C to the Resolution
change CITY's dates without written approval from the CITY. Once dates are scheduled and
confirmed by the DISTRICT, CITY shall not have the ability to change dates without written
approval from DISTRICT. Exact dates times for the annual schedule, July 1 through June 30,
will be scheduled annually.
2.3 Meetings to Schedule Use of Center: DISTRICT and CITY shall hold annual
scheduling meetings to establish a master schedule in advance for dates and times for
use of Center facilities ( "Master Schedule "). At the scheduling meetings DISTRICT and
CITY shall also review and adjust the Agreement as needed. DISTRICT and CITY shall
meet at least semi- annually to address any other issues related to CITY use of the
Center. Meetings shall be held in January and July of each year. The purpose of the
scheduling meetings shall be to coordinate the schedule for CITY use of the Center under
this Agreement to avoid conflict between DISTRICT, CITY, and third -party users, to
protect the real and personal property involved, to resolve any issues concerning
maintenance or renovation of the Center, and to address any of the Parties' concerns or
issues arising under this Agreement. Additional meetings may be requested by either
Party if needed.
2.4 Limitations on Use: CITY shall be permitted to use facilities either for CITY -
presented artists or grant some or all of CITY's use to Community Non - Profit Groups
through a formal granting process, whereby the CITY presents the Community Groups'
performance. DISTRICT shall have final approval and the right to reject any group. For
performances by CITY - presented Artists, the CITY may also charge and collect ticket fees, of
which net revenue is retained by the CITY after CITY payment of DISTRICT costs for the
production,. For performances by CITY - presented Community Groups, CITY reserves the
right to charge and collect ticket fees or transfer that right to the performing Community
Group, with net ticket fees retained by the entity that is charging and collecting said fees
after CITY pays CITY costs of use or CITY - presented Community Group pays all DISTRICT
costs far the production.
2.5 Center Personnel: CITY shall be entitled to the services of DISTRICT personnel
customarily made available for use by non - school groups. For CITY - presented artists,
DISTRICT will provide the services of up to five (5) DISTRICT personnel as DISTRICT requires,
to operate rented specialized equipment and to operate equipment that requires
specialized skill to operate it at the same rate as charged for non - profit groups. For CITY -
presented Community Groups, DISTRICT will provide the services of up to five (5) DISTRICT
personnel as DISTRICT requires at the same rate as charged for non- profit groups.
DISTRICT Theater Manager shall determine the number of personnel required and the
3
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D_% ZT Sr SV3�09vI
Exhibit C to the Resolution
hours for those personnel in a manner consistent with personnel requirements imposed on
rentals by other non - school groups. The availability of personnel may affect the
availability of the Center. DISTRICT and CITY shall confer about personnel needs, cost and
availability at their scheduling meetings and adjust the personnel requirements for use of
the Center as mutually agreed.
2.6 Equipment: CITY shall be entitled to use equipment owned by DISTRICT and
customarily made available to non- DISTRICT user groups on the same terms. CITY and CITY -
presented Community Groups are entitled to use all rental equipment at the same cost as
for non- DISTRICT users. Operation of any and all equipment shall be by persons trained or
qualified as determined by the District's Theater Manager.
2.7 Labor and Equipment Costs: District shall provide an estimate of costs of labor and
equipment before CITY use of the Center. CITY shall pay DISTRICT for CITY use of the
Center within thirty (30) days of receipt of invoice.
2.8 Policies and Procedures: CITY shall fallow all DISTRICT policies and procedures
including those set forth in any DISTRICT Theater Policies and Procedures documents
and/or communicated by the DISTRICT Theater Manager. For CITY- presented
Community Groups, CITY shall require that Community Groups follow all DISTRICT
policies and procedures set forth in any DISTRICT Theater Policies and Procedures
documents and/or communicated by the DISTRICT's Theater Manager, as a condition of
CITY's grant award to the community group. For CITY - presented performances, CITY and
CITY - presented Community Groups shall follow all DISTRICT policies and procedures set
forth in DISTRICT's Theater Policies and Procedures and/or communicated by the
DISTRICT's Theater Manager, and leave the Center's equipment and building on -time and
in good condition or pay any published overtime or cleaning fees or damage fees
equivalent to that which would be charged a non- profit rental.
2.9 Mutual Publicity: DISTRICT may list CITY - presented artists and community groups
on any online or printed Center calendars consistent with DISTRICT policies. DISTRICT may
permit display of advertisements of upcoming CITY- produced performances in the Center
lobby in an existing or CITY- acquired display racks, poster holders, or countertop displays
designated for that purpose. DISTRICT shall permit CITY to advertise CITY- presented artists
on the Center's current marquee consistent with DISTRICT policy, time limits and
functionality of the marquee, for use of the marquee. DISTRICT may permit Community
groups to advertise CITY- presented Community group performances on the Center for
4
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D_% ZT Sr SV3�09vI
Exhibit C to the Resolution
Performing Arts marquee consistent with DISTRICT policy, time limits and functionality of
the marquee, for use of the marquee.
Section 3. INDEMNIFICATION AND INSURANCE.
3.1 Indemnification of CITY by DISTRICT. DISTRICT shall defend, indemnify and hold
harmless the CITY, its officers, agents and employees, from any and all liability, lass,
damage, cost or expense which CITY shall become obligated to pay by reason of any
claim, lawsuit or judgment on account of injury to property or injury or death to persons
received or suffered as a result of the use of the Dublin High School Center for
Performing Arts and Education by DISTRICT or any program associated with or any other
activity scheduled by DISTRICT, except where the injury is caused in whole or in part by
the CITY, its employees or officers own fraud or willful injury or violation of the law.
3.2 Indemnification of DISTRICT by CITY. CITY shall defend, indemnify and hold
harmless the DISTRICT, its officers, agents and employees, from any and all liability, lass,
damage, cost or expense which DISTRICT shall became obligated to pay by reason of any
claim, lawsuit or judgment on account of injury to property or injury or death to persons
received or suffered as a result of the use of the Dublin High School Center for
Performing Arts and Education by CITY, a community rental customer of CITY's pursuant
to this Agreement, or any other activity scheduled by CITY, except where the injury is
caused in whole or in part by the DISTRICT, its employees or officers own fraud or willful
injury or violation of the law.
3.3 Insurance. Each party hereto shall at all times maintain a policy of commercial
general liability insurance in the principal amount of at least $1,000,000.00 combined
single limit per occurrence for bodily injury, personal injury and property damage.
3.3.1 Said policy held by DISTRICT shall be endorsed to name CITY, its officers,
employees, agents and volunteers as additional insureds regarding
liabilities arising out of maintenance, operation and use of the Dublin
High Schaal Center for Performing Arts and Education. Said policy shall be
endorsed as primary and shall contain provisions which preclude policy
suspension, policy cancellation, or reduction in policy limits except after
twenty (20) business days prior written notice to CITY by certified mail,
return receipt requested.
5
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D-% ZT Sr SV3�09vI
Exhibit C to the Resolution
3.3.2 Said policy held by CITY shall be endorsed to the name of DISTRICT, its
officers, employees, agents and volunteers as additional insureds
regarding liabilities arising out of maintenance, operation and use of the
Dublin High School Center for Performing Arts and Education. Said policy
shall be endorsed as primary and shall contain provisions which preclude
policy suspension, policy cancellation, or reduction in policy limits except
after twenty (20) business days prior written notice to DISTRICT by
certified mail, return receipt requested.
3.3.3 City shall require each CITY - presented Community Group to carry the
same type and amount of insurance as City, endorsed to name District,
City, and their officers, employees, agents and volunteers as additional
insureds, on the same terms and conditions as City's policy.
3.3.4 Neither party's insurance carrier/company shall have any recourse
against the non- policy holder party, its officers, employees or agents for
the payment of any premiums or assessments under any policy of
insurance issued to DISTRICT or CITY and endorsed as set forth herein.
3.3.5 The parties understand and agree that each party shall be responsible for
the payment of any deductibles under the policies of insurance in effect
under the terms of this Agreement, subject to the right of the party to
exercise any and all remedies available to it for recoupment of these
monies.
3.3.6 Self Insurance._ If either Party elects to be self - insured, in lieu of
providing proof of insurance, that Party shall provide proof of self -
insurance satisfactory to the other Party and meeting the requirements
imposed herein, which can include a consent to self - insure issued by the
State Director of Industrial Relations. Either Party providing proof of self -
insurance warrants that the self- insurance provides substantially the
same protection as the insurance required herein. Each Party further
agrees to notify the other Party in the event any change in self- insurance
occurs that would alter the obligations undertaken in this Agreement
within thirty (30) days of the change.
6
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D_% ZT Sr SV3�09vI
Exhibit C to the Resolution
Section 4. DISPUTES. In the event of a disagreement between the CITY and the DISTRICT on
the interpretation of any provision of this Agreement, the City Manager and
District Superintendent, or their designees, shall meet and attempt to resolve
the differences within thirty (30) days.
Section 5. LEGAL REQUIREMENTS.
5.1 Governing Law. The laws of the State of California shall govern this Agreement
and the use of the Dublin High Schaal Center for Performing Arts and Education.
5.2 Compliance with Applicable Laws. DISTRICT, CITY and all CITY - presented
community groups shall cam ply with all laws, rules and regulations applicable to the use
of the Dublin High Schaal Center for Performing Arts and Education hereunder.
5.3 Licenses and Permits. CITY represents and warrants to DISTRICT that CITY and
its employees, agents, and any subcontractors have and shall, at their sale cast and
expense, keep in effect at all times during the term of this Agreement any and all
licenses, permits, qualifications and approvals of whatsoever nature that are legally
required to practice their respective professions and for use of the Dublin High School
Center for Performing Arts.
Section 6. TERM OF AGREEMENT. MODIFICATIONS AND EARLY TERMINATION.
6.1 Term of Agreement. This Agreement shall remain in full farce and effect for five
ninety -nine (99) years from the Effective Date subject to modification or termination as
agreed by the parties.
6.2 Closure of Existing Center. If during the term of this Agreement DISTRICT
temporarily closes the Dublin High School Center for Performing Arts and Education,
CITY shall have the right to extend the Term pursuant to the terms of this Agreement for
the same length of time as the temporary closure.
6.3 Early Termination. Early termination of this Agreement may only occur on June
30th of any year. Either party may cancel this Agreement by giving written notice no
later than March 15t for the early termination to occur on June 30th of the same year.
The notice shall include the reason for the early termination. DISTRICT may terminate
this Agreement for cause if CITY fails to perform any material obligations under this
7
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D_% ZT Sr SV3�09vI
Exhibit C to the Resolution
Agreement. DISTRICT may terminate this Agreement if it ceases to allow third parties to
use the Center or upon the destruction, damage or closure of the Center.
6.4 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
6.5 Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between CITY and DISTRICT shall
survive the termination of this Agreement.
Section 7. MISCELLANEOUS PROVISIONS.
7.1 Representation of Comprehension of Document. Each party has reviewed and
revised or had the opportunity to review and revise this Agreement. Accordingly, the
normal rule of construction to the effect that any ambiguities are to be resolved against
the drafting party shall not be employed in the interpretation of the Agreement.
7.2 Counterparts. This Agreement may be executed in two or more counterparts,
each full set of which shall constitute a fully enforceable counterpart of this Agreement,
all of which together shall constitute one Agreement.
7.3 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
7.4 Notices.
Any written notice to DISTRICT shall be sent to:
District Superintendent
Dublin Unified School District
7471 Larkdale Avenue
Dublin, CA 94568
Any written notice to CITY shall be sent to:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 9568
8
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D-% ZT Sr SV3�09vI
Exhibit C to the Resolution
IN WITNESS WHEREOF, the CITY and DISTRICT have caused the Agreement to be
executed by their respective Officers and duly authorized by the CITY the day and year first
written above.
CITY OF DUBLIN
A municipal corporation
City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Farm:
John Bakker, City Attorney
DUBLIN UNIFIED SCHOOL DISTRICT
Superintendent
Approved as to Form:
Marilyn J. Cleveland, Attorney
9
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D-% ZT Sr SV3�09vI
Exhibit C to the Resolution
EXHIBIT A
Land subject to Long Term Lease Between CITY and DISTRICT
10
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D-% ZT Sr SV3�09vI
c�
Exhibit C to the Resolution
u �.._....... ..........
...... m..,..
EXHIBIT B
11
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D-% ZT Sr SV3�09vl
Exhibit C to the Resolution
Terms of City Use of Dublin High School Center for Performing Arts and Education
1. CITY may use the Center for up to but no more than sixteen (16) days per year, with the
facilities, dates and hours to be scheduled by June 30 of the preceding fiscal year, at
least twelve (12) months before each use and approved by bath parties.
2. CITY may use the Center for up to, but not to exceed, three (3) weekends per year with
all other uses to be scheduled on Monday through Thursday.
3. All CITY uses shall require a four (4) hour minimum. Uses of less than four (4) hours
shall be scheduled and paid for as four (4) hours of use.
4. The maximum hours of CITY uses per day shall be eight (8) hours unless CITY arranges
additional hours at the time it schedules the use and pays all costs for use, including but
not limited to overtime pay for DISTRICT employees and/or contractors. City use shall
include all rehearsal, performance, set up and break dawn time.
CITY acknowledges that it may not have any use of the Center in months in which use by
the DISTRICT, DISTRICT sponsored groups or revenue - generating uses occupy all
available time. This may occur in the months of March, June, December or other
months.
6. For DISTRICT equipment, the hours of use shall include all hours of actual use and a
minimum of one half (1/2) hour before and one half (1/2) hour after the production.
7. DISTRICT retains the right to operate the concessions in the Center during all CITY use of
the Center and to retain all revenue earned by the concession operations.
12
CITY OF DUBLIN/DUBLIN USD
AGREEMENT FOR USE OF FACILITIES AT
DUBLIN H.S. CENTER FOR PERFORMING ARTS AND EDUCATION
D_% ZT Sr SV3�09vI
All Dublin Students Will
Become Lifelong Learners
SUPERINTENDENT
Stephen Hanke, Ed.D.
(925) 828 -2551
BOARD OF TRUSTEES
Dan Cunningham
President
(925) 808 -1084
Megan Rouse
Vice President
(925) 785 -7862
Sameer Hakim
Trustee
(925) 640 -7786
Amy Miller
Trustee
(925) 577 -5866
Greg Tomlinson
Trustee
(925) 361 -5055
DUBLIN SCHOOLS
DUBLIN UNIFIED SCHOOL DISTRICT
7471 Larkdale Avenue, Dublin, CA 94568 - 1599+925- 828- 2551+FAX 925 - 829 -6532
June 16, 2016
Via Email and U.S. Mail
Mr. Chris Foss
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Conditions to Exercise School District Option
Option to Ground Lease Jordan Ranch Property (APN 985 - 0098 -002)
Dear Mr. Foss:
By this letter, the Dublin Unified School District ("District") requests a waiver or
portion thereof, of two conditions precedent to exercise its option to ground
lease from the City of Dublin ( "City ") a school and joint use park /playground
site in the planned Jordan Ranch community.
The City and the District recently entered into an Option to Ground Lease,
dated March 8, 2016 ( "Option" or "Option Agreement "), by which the City
granted the District an exclusive option to lease the ten (10) acre City -owned
parcel in the Jordan Ranch community described in the Ground Lease attached
to the Option ( "Leased Premises ") for construction and operation of a new K -8
school ( "School Site Improvements ") on the "Building Site," defined in the
Ground Lease attached to the Option, and the joint use park/playground
improvements (collectively with the School Site Improvements referred to as
the "School Facilities ") on the "School Site," as defined in the Ground Lease
attached to the Option. Under the Option Agreement, the District has one (1)
year in which to satisfy five (5) conditions, as set forth in Sections 5.1.1
through 5.1.5 of the Option Agreement, before it can exercise its Option to
lease the Leased Premises. Pursuant to Section 5.2 of the Option Agreement,
the City may waive any of the conditions during the one (1) year option term.
In recent discussions, the City indicated to the District that it desires that the
District exercise its Option to lease before the District starts construction, and
that the City is amenable to a waiver or portion thereof, of two of those
conditions, as necessary, in order to allow exercise by the District of the Option
before starting construction.
To clarify the reason this waiver, or portion thereof is necessary, the District
plans to obtain the State Department of General Services, Division of the State
Architect's ( "DSA ") approval of plans and to construct the School Facilities in
three increments. Increment 1 includes grading and other site work, parking,
soccer field, landscaping and other groundwork, and walkways, including
covered walkways, for the entire Leased Premises. Increment 2 includes the
four (4) main classroom buildings. Increment 3 includes the administration
building and library, multi - purpose building, and lunch shelter. Plans for
Increment 1 are at DSA, with approval expected in June, 2016, and
construction planned to begin by 3uly 1, 2016. Plans for Increment 2 are
scheduled for DSA approval in the summer of 2016 and construction to start in the fall of
2016. Plans for Increment 3 are scheduled for DSA approval in the winter of 2016 -2017
with construction to start in the spring of 2017.
Accordingly, pursuant to Section 5.2 of the Option Agreement, this letter is the District's
formal request for the City to approve a waiver, or portion thereof, of two (2) of the
conditions to exercise the District's Option so that the District is able to exercise its Option
before the start of construction. In support of the District's request for the waivers, the
current status of the District's satisfaction of each of the conditions set forth in the Option
Agreement is as follows:
5.1.1: District Board of Trustees' Approval of the Use of the Leased Premises
as a School Site.
The District Board of Trustees approved the use of the Leased Premises as a school
site in Resolution No. 2015/16 -22, at its regular meeting on November 17, 2015. A
copy of that resolution and supporting staff report is attached hereto as Exhibit A.
5.1.2: Written Confirmation, Approved by the District Board of Trustees, of
the Sources and Availability of Adequate Financing to Construct the
School Site Improvements and Park Site Improvements, Along With a
Schedule for Completion of the Work.
The sources of funds to finance the construction of the School Facilities will include
previously approved local general obligation bonds, developer school impact fees,
developer mitigation payments, the District's Measure H General Obligation Bond
Measure approved during the June 7, 2016 election, authorized by the board at the
6/14/2016 meeting and may include a State School Facility Program new
construction grant, if the State bond measure on the November 8, 2016 ballot is
approved by the voters. The District can meet this condition now with local funds,
although more information will be available after the November election. A draft
construction schedule is enclosed for your information as Exhibit B.
5.1.3: City Staff Review of the Construction Plans Approved by the California
Department of General Services Division of the State Architect
( "DSA ") for the School Site Improvements.
The District's plans for construction are in three increments, described above. The
District has already provided the plans for Increment 1 for City staff comments and
can provide to the City for review the plans for Increment 2, as soon as they are
submitted to DSA, Increment 3 plans are estimated to be approved by DSA in the
winter of 2016 -2017, after the start of construction.
For this condition, the District seeks a waiver that would allow the City Staff review of the
construction plans approved by the Department of General Services for Increment 1 to satisfy the
condition. Plans submitted to the DSA will also be submitted to the City for Increments 2 and 3
following the exercise of the Option.
5.1.4: City Staff Approval of the Plans for the Park Site Improvements
Submitted to DSA That Shall be Attached to the Ground Lease as
Exhibit D, Which Shall Include Storm Water Treatment for the Entire
Site.
The Park Site Improvements are included in Increment 1; the District anticipates
receiving DSA approval before 3uly 1, 2016, and will provide those DSA- approved
Park Site Improvement plans to City staff. The District has already submitted to the
City the same plans submitted to DSA and received comments which the District has
incorporated into the plans for Increment 1.
5.1.5: Award of a Contract for Construction of the Leased Premises as
Reflected in DSA- Approved Construction Plans.
The District plans to award a construction contract for Increment 1 in July 2016.
Plans for Increment 3 will not be approved by DSA until after plans for
Increments 1 and 2 have been approved by DSA and the District has entered into
a contract for construction. Therefore, the District can partially meet this
condition.
For this condition, the District seeks a waiver with respect to showing evidence of
an award of a contract for construction on the Leased Premises because, the
district will enter into contract for each increment of construction as it is
approved by DSA, staggered over approximately six (6) months.
We understand the City may be willing to partially waive the condition for the
District to provide evidence of an award of contract. The District will provide
evidence of Board intent to approve the contract for construction of Increment 1
to City staff prior to exercise of the Option, and will award that contract
immediately after the exercise of the Option as required by law.
We appreciate the City's willingness to consider a waiver, or portion thereof, of
Conditions 5.1.3 and 5.1.5 so that the District can commence construction of Increment
1 work in the summer of 2016 and meet the City's request for the District to exercise its
Option prior to commencement of construction.
Please contact me with any questions regarding this request. Thank you for your
consideration and continued cooperation.
Sincerely,
Dr. Stephen Hanke
Superintendent
SH /sf /rev3
Attachments: Exhibit A; Exhibit B
cc: Beverly Heironimus, Assistant Superintendent, Business Services
Kim McNeely, Senior Director, Facilities
Marilyn Cleveland and Clarissa Canady, District Counsel (Via Email Only)
John Bakker, City Attorney (Via Email Only)
Exhibit A
DUBLIN SCHOOLS
DUBLIN UNIFIED SCHOOL DISTRICT
RESOLE'• ON NO- 21k3&r1&22
-A'PPRGT%I G = SU _+1BIL= OF A MY FORA {: QLTISIIION
AND USE AS A K-8 SCHOOL - E -5
WE E RF-IS. the Dablin Uaiued.SChaol Dist (the '°DisRia -) is the schDGI district that will pacrdde eLemm=ry, =addle
and high school sen -kes to a new planned community- q4r4ti�ed by The City of Dublaa via The Ea5[ Dablaa Spe fic Plan (EDST)
(apgra�Ed 3a NP2),
NVEMEREAS. CaLifi nra Edacar,00 Cie Sec'dDns 172 0 E� seq set forth she aurh=- for dmDmmct to miaew- mvestigate
anal evaluate real gzuputy pnos M commLmcmg the acqur=Gn of such property fai a new school sits;
W FIERFAR. BT -ROF Jordan Ranch II.0 L siom Valley Pmpemm) and the Cjts of DubLm vm a Deve[flpmettt Ace -emenr
hnT MYE ed to d,edkate a site within Fast Duelin to the Ekstrict fns are as a K-8 school (herein known as B -5)-
WMEREAS. tbBDistrict has spprovedR,esoLuriomNo. 2015x16 -2: to appro-%-e 5ne use of sheprevionslyrcemfied
Pn��somne£L l Impact Report (`FIR'S, Ear: Dublin General Plan Amendmeas and Sped fk Plan, SC'H #91103{ {Final EIR
December 1942) (the -1992 EIR -), SuppleatenW IM to the 1P92 FIR for East DuWia PuTuties Stage 1 Developm eut Plan and
innesatian, SCH = 2001052114 Joanna ^04_': 5upplE errLal EM to Ehe 1992 and 2002 E,IRa fna the Fallon Village Ps,aject, SCE
K005062010 December 2005; CEQA add- in 2014 and 201'- to subareas within the Fallon Village Pros act; and a Mingased
Negath-e Dec Lan— eoa(.fND), Nfitiga9am Mom bmmg and Rapwtag Prog;=(N MP): and Stammert of Orvo idmg Cams ideraticas
(S for proposed mtsiams tciclaimg General Plan 3od&stemDubkui Specibc Plan amendniaixtc- PlaaLnadEwvelop -ent re- zrninzuL
with amended Stage 1 DevaJopmeat Plans R r poitiew of sbe JordanRancb tore- desipbate m eati5ii community pack Site to
pnbl3c-se:mjmblJc foa future der. elopm am of a scbooL adopsed Ocrober 2013: as me basii fer in etaluati=of the K-9 5chooL sire anal
prapose,d use as s K -S school pLS<soant la Public Resources Code Section 21 NO et- seq. (tune - Project' ):
RJR AS. theD]jt3ct bas prepared a Dirt= miff report entWed'SaffReporr in SuppmofResoLutionNo. 2015.'1&22
Of :lm Dublm LTnifi,ed School Ehsvics Apprmm,- the Su3taWity of a Site fns -Acquisition and Use as a K -8 School- (die -.Staff
Reparf� to reiien' zhe acrepmbdiry and suitability of E -5 far use as a K-R school site m zrcordamce With sh,e srsucaads ofEduml on
Cade Secdoma l'.210: et seq- and of TEtle 5- Chapter 13, 5akliter 1: Article 1, SJectiom :4040 et. seq.:
WFHMEAS, inc -Dnsiderati0a of C'ahfixnia EdUEZdonCode Secaom 17212, E -3 eras detwm ined not to be located nithia the
boimdmies of any sppedal studies mm ar am area desigmted as geolo gic sll3-laaraadws in the Safety' Eleamnt of the: Eastern Alin
General Plan 3s pram.,tdEd m nrhdintiian 4gj of 5ecdon 653,02 of the Cro,wnmew C4>de.
WETMEAS. in accordance with Cah om>Lia Eduacatioa Cc& Section 3 213.1_ die Disaict caused w be prepared a PhaC,e 1
eastirommental assessment c pbeiu i paFsuranf La the =agai*eayeats adopted by rise American Society for Iestkg and - MA- Erials for the
E-5 jte:
WH RFAS: bated on the StaffReport. flu Dui Lc- has deser=ed- yarmanr -o California Ednuatiom C'nde Secdam M" 13
(a}, that E-5 be a€quked amd built upon_
I) is not a cur_ ear ar :R)r raw bx ardG s -wasie disposal site x solid carte dLTosal si5e
{Section 17313 (a,) (1){,
2) is not a hamrdom substance release site idenified by the 5tneDeparcrum of Health SEn'Lce5 (Senlco 172-13 (a)
=} ; ina current [[it adopted pursuant ro Serdon =3356 foriemnva1 or remedia3 acdanparsu=to Chapter 6.9
Ltrm,nranring Rash Se don 2 25}00} of Dhisiori 2Il ofd:e Health and Safer}- Code.
=) does mt cor"ho one or mare pipehues -nfdch aLrryharJudm;s gabstanres: acodi-l}
hazasdu s materials: or bazardous a'asses (Section 17213 (a) (3));
4) is not aithia 500 frier of the edge of die c105esr traffir Lame of a freagwzy or ather>ansy traffic ccimc ar as
� :?fii,ed in Lhr` Edmcadaa Cede Sertioa 17213 (d) (9) aad public Re5ources Code 21151.8 (c) (9).
WHIM-F-A5. the City -of Dublia. bas, pu r arrt ao CaL kwain Educati m Code Sechzm 17211(b), coasuirtedwitb the Bag Ares
Air QLc tg Ainaepnro-m 7isuict (`E AQ19}" ), whicb bas jurisdtrton v'es ur a EDSP a:na t-o identi# wh2to there Mme fscLWdes
10
within one -fowth of a rile of E -5 that may reasouabh, be antic dated :a e=ast hazardous air emissions. of to band' hu pious ar
acwdy ha:.ardous macerials. sub--ances or waste:
UICEPSUS- to accordance v6mb the Cahfortua Education Code Section 17'!13 (t) (1). the District has deter ; that the
comultatiou referenced in California Educatiop Code Semoa 17 ,13 0) ideattted aw swh facilities;
V EREAS_ the Distrct provided to :he Scare Department o€ Toxic Subuawn Control (L-DTSC ") a copy- of ttte Phase 1 sire
assessment and *be qualifications of the consultant and upon a 3O-d2y review. the DTSC provided comment recommendrn,- fiuther
swdy of the sire:
M-KEPS 5_ the Distnv has entered two an apwment with the DTSC for prepar3 1203 Of a PrehMM3. v EUdasrernient
Assessment (PEA) to perform iddinonal a :•irownratil acttnnes v- a work: plan approved by the DTSC:
W HIRLU. icctv'tnes n7Lhi,7 tine apgrove4 wort'; plan v6,.l1 be caz:e1 ow wader tlae ageism of DTSC xad with the resew
and ipprova] by the DTSC until the DTSC concludes that no fsirtner tnves-i-atian o'the E -5 site is required and it so ttoufites the State
Depw m w of Education_ and
VO ER.Ei15_ m accordance w.th California Education Code Section 1721 5, the District has determined that the E -5 site is
located within two (') miles measured by as -lire of an nrport rimway and has tmderpne the California Departnient of Transportation
Dn -,sion of Aeronautics tltiew which demrcuaed there is ao coadiaoa that w•oaild cream an =due hazard
NOW, THEREFORE, RE IT RESOMIM BY THE C- O%MkNLNG BOARD OF THE D BLLN LZv`iFiED SCHOOL
DISTRICT FOLLOWLMIG A PbBLIC IMARING ON THE MATTER THAT IT APPROM E-5 AS SLTFABLE FOR It -8
SCHOOL PUMSES. AS FOLLOWS:
SECTION 1. The Board has rev:ew•ed and conside:v adequate E -5 StaffRepon fur rise in d'r =nmg the ute's
startabilrt± pursuant to the Caldosaia Depa --ea- of Edncamon requuernerits.
SECTION 2. The Bond approtYs Er5 as suitable for acquisition and use as a K -8 school site is accordance with all
applicable requirements and provisions of the California Education Code and applicable rertiia:ions as referenced herein
SECTION 3. The District ha s tie ^fled sad consulted with the appheshle cats• within which the prospectn•e school site is to be
located
SECTION 3. the f W site se:ection has been evaluated by -he District based on ail factors of e<tmg the public ra.erest
and mot 1= ;ed to sele:aoo ou the basis of the cost of the land,
APPROVED. PASSED AND ADOPTED this 17" day of .November. 2'015 by the fallo,%in; roil call vo -e.
AYES:
NOES:
ABSENT:
ABSTAIIti
Clerk. Board of Trustees
Dublin Unified School District
Count' of Alameda
State of California
STAFF REPORT
IN SIJTPORT OF RESOLUTION 1NO_ 2015 a 6 -22
OF THE DTJML UNU= SCHOOL DISTRICT
APPROVING THE SUITALBIL.= OF A SITE FOR ACQLgS1TI0' -��i
AND USE AS A IC -S SCHOOL —£ -5
CALIFORNIA DEPARTM£R'T OF EDUCATION MhU LLANCE_
A =ODUCTION_
The Distract is seeking to acgiure a K -8 school site and to construct a K-S school facility vzthin the
bau dories of the Entem Dublin Speci$t Plau (EDSlr�. HJ -ROF Jordan Ranch LLC 04i.ssion Valley Properties)
wid the City of Dublin i7S a Development A re-ownt have offered to dedicate a Site Witte East Dublin to Elie
Di _tract for use as a K -S school (herein knoihm as E -5). The purpose of this Staff Report is to si mmarize the analysis
of the proposed site and school in accordance with the school sits acquisition and development requuTments of the
Cahfomia Department of Education. the California Education Code and the CaLiforma Code of Regulatioms.
For purpose of this report, the site shall be referred to as E -5.
B. CO PLEA-NCE -%-= CDE REQL1REbMWrS.
Discussed below are the conclusions of the Distract staff reIaEasr in E -5 and compliance with the California
Department of Education ( "CDE) requirements.
Soil and &ol ,.
District sue' has received the draft Oeokchnical E.eploratioxL dated -Nomrmber 3, 2015 prepared
by Krazan & Associates* Inc- and is currently under review by District staff far deterniinabon in
accordance with California Education Code Section 172121 that the E -5 School Site is not located
within the boumdanes of a special studies zone or an area designated as geologically hazardous_
Phase 1 Emaonmental Assessment.
In accordance va'th California Educatron Code Section 1 'D13.1, kbe District cmised to prepare s
Phase 1 Eavronnieimial A.ssesownt couyleted February 5,'_015 (revised June 4. 2015) pursuant
to the req#rements adopted by the Anwncan Society for Testing and materials fur the E -5 site.
Upon a 30-day review. the Deparmaent of TO& Substances ControI (DTSC) prodded carnet
recommending' father study of the -ite. The District entered into agreement with the DISC Jule
13, 2015 for preparation of a Prel inti car Endangerment Assessment (FLk) to perform additional
em,mmmmae tal actiu.-ities via a work plan approved by the DTSC. Acti%lties within the appro w-d
work plan will be performed -Mth oversight by DTSC cud for the rm-ievu and approval by the
DTSC mil the DTS(' provides clearance that no further em .ironm,ental in' estigatwu of the E -5
site is required per California Education Code 17213.1(a) and it so notifies the CDE.
Hazazdan.� S)ibsunces.
District staff has dek mmned in accordance with California Education Code Section 17213 (a) (a )-
('3) that the K -8 school site to he acquired or built -upon is not a formerhuaedous site or solid
-waste disposal site, is not a hazardous substance release site identified by the State I)epartm,ent of
Health Senices_ and does not contain one or more pipelines which carry hazardous substances_
acntaly hazardous materials_ or hazardous wagws. The Iistrict staff s conclusion is ba -3ed on a
review of the Phase 1 Euc-ironmeotal Assessment Report. dated February 5. 2015 (rmased June 4_
2015) prepared by Krazan & Associates, Inv_
0
4_ Hazardous Air Emissions.
District staff' has determined in au ordance oath Cali£aruia Educator Code Section 17213 (b) and
(c) that there are no facilities within one -fourth of a mile of the proposed school site tLat may
reasonably be anticipated to emit hazardous air emissions. or to handle hazazdaus or acutely
hazardous materials_ substances_ or waste per the information contained in the Phase 1
Emuou enial Assessment dated February 5,_ 2015 (revised Rme 4; 2015) prepared by Kraran �
Asso6aK Lsr_
5. Toxic Substances.
The Dlstnct entered into aveemaent +pith the State Deparbnent of Toxic Substances Control
CLDTSC') July 13. 2015 for preparatiam of a £reliminan, Endangerment ?assessment (PEA) to
perform additional environments] activities Tia a work plan approved by the DTSC_ Activities
v`ad nthe approved FEA v;ork plan will be performed with moemgM byDTSC and for the revzek;
and approval by the DISC until the DTSC provides clearance via a letter to the District that no
further en1.zr43vmental ia�Tsdpuon of the £ -3 site n required per C'ahfamm Education Code
17-213.1(a).
6. Adjacent Airports.
District staff has determined that the E -5 school site is -mffi n two (2) miles measured by airline of
an airport runway, per California Education Code 172- 15 and has undergone the California
Department ofiransportationDivmaa ofAeromutics review. Dishzct staff receiiTd a Ie#tei from
the Department of Tramsportatiam Division of Auonatmcs December 15, 2414 which determined
there is no conihtm that would create an undue hazard_
C. ADDMONAL ISSI]ES RAISED BY THE CALIFORN A DEPARTI DENT OF EDUCATION.
There were no pour issues identified in theFreliminary re�imy report dated October'_13. 2014. juepared
by John fiordom. Consultant for the ME School Facilities Plamming Dilisionbe,,mdroutine Phase 1
Enviromnental Assessment items.
CONCLUSION_
District staff has determined that the preaecpisites for school site aoTfisition and &- velopment as sec Earth
in the California Education Code and as promulpted by the California Department of Education through
regulation and cowalta on have been met and the E -5 School Site is siutable for acgwsitioa and use by the
District as a school facility pending final District staff and agency renew and approval of items 1. } and 5
of Sect om B as outlined Ann.
Accordingly, Maria staff reconmmends that the ve=x, Boardof the Dublin Unified School District appro %T Res ohition
No_ 2015116-= � "� entitled --Appro4ing the Suitability of a; Site for Acgtusitioa and U.se as a K -8 School — E -5�.
y 5
I ].
of
Exhibit B
(Draft Construction Schedule)
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