HomeMy WebLinkAbout6.2 DublinRanchAreaA-H
CITY CLERK
File # D6J~~-[f1][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 7, 2005
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
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FINANCIAL STATEMENT:
PROJECT DESCRIPTION:
PUBLIC HEARING: PA 05-023 Amendment to the Master
Development Agreement for The Dublin Raneh Project (Areas A
through H) submitted by James Tong on behalf of the Lin Family - Chang
Su-O (aka Jennifer) Lin, Hong Lien (aka Frederic or Frederich) Lin, and
HongYao (aka Kevin) Lin
Report Prepared by: Mike Porto, Consulting Planner ~
I.
Draft Ordinance approving an Amendment to the Master
Development Agreement (PA 05-023) for The Dublin Ranch Project
(Areas A, B, C, D, E, F, G, and H) with the Amendment attached as
Exhibit A.
I.
2.
3.
4.
5.
6.
Open Public Hearing
Receive Staff Presentation
Receive Public Testimony
Close Public Hearing
Deliberate
Waive the reading and introduce the Ordinance (Attachment I)
approving an Amendment to the Master Development Agreement
for The Dublin Ranch Project (Areas A, B, C, D, E, F, G and H)
between the City of Dublin and the Lin Family with the Amendment
attached as Exhibit A.
No financial impact.
Planning for the development of land within the Eastern Dublin Specific Plan Area anticipated phasing
trom rural to suburban through the review process and execution of development agreements between the
City of Dublin and the property owners within the area. The area is characterized by a few large
landholdings in the possession of a few owners. Two of the largest are the Alameda County Surplus
Property Authority (ACSPA) and the United States Government. A third large land holder includes
members of the Lin Family whose properties are known as Dublin Ranch. As these owners are not in the
development business, the property has been passing to developers for sale with the intention of new
residential, commercial, or industrial construction in accordance with the Specific Plan.
Development Agreements, as allowed by State law, have been established as method of implementing the
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COPIES TO: Applieant(s)
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ITEM NO.
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Eastern Dublin Specific Plan and required for new development within Area. Since 1999, a Master
Development Agreement and number of other Development Agreements have been executed for the
Dublin Ranch properties. As the property owner, the Lin Family members, in various combinations, have
been the "Developer" party to these Development Agreements with the City of Dublin. The Development
Agreement establishes the type of development and allows the City to obtain or secure the construction
and maintenance of public facilities and amenities in exchange for the vesting of rights to develop the
land in accordance with the Specific Plan, the General Plan, and the approved Planned Development
zoning, along with other terms as agreed upon. While the Development Agreement holds the property
owners responsible for compliance with the Development Agreement, it also allows for the assignment or
transfer for compliance with the Development Agreement to another party or subsequent land owner with
the City's consent.
The Development Agreement applicable to the proposed Amendment is:
. Master Development Agreement for The Dublin Ranch Project (Areas "A, B, C, D, E, F, G and H")
which has an effective date of June 29, 1999 - The "Developer" is identified as: I) Chang Su-O Lin
(aka Jennifer Lin), 2) Hong Lien Lin (aka Frederic or Frederich Lin), and 3) Hong Yao Lin (aka Kevin
Lin). The cover page of the two Development Agreements shows the party to the Agreement as "The
Lin Family."
A Development Agreement addressed by the proposed Amendment to implement the Master
Development Agreement is:
. Dublin Ranch-Fairway Ranch Development Agreement which has an effective date of August 15,
2003 - Within this Development Agreement, only two of the Lin Family members were included as
parties to the Dcvclopmcnt Agreement: I) Chang Su-O Lin(aka Jennifer Lin), and 2) Hong Yao Lin
(aka Kevin Lin). This Development Agreement essentially funetions as a Master Development
Agreement tor the 24.78-acre area within Dublin Ranch known as Fairway Ranch.
ANALYSIS:
The proposed Amendment would apply to the Master Development Agreement for the Dublin Ranch.
Amendments to the Development Agreement by mutual consent are addressed in Chapter 8.56 ofthe City
of Dublin Municipal Code, Section 25 of the Master Development Agreement for The Dublin Ranch
Proj ect.
Fairway Ranch is located within Area B ofthe greater I, 119-acre Dublin Ranch. The primary purpose of
the residential development within Fairway Ranch is to satisfY compliance with the City's Inclusionary
Zoning Ordinance (Municipal Code Chapter 8.68) for the 2,655 residential units to be developed under
The Dublin Ranch Project Master Development Agreement (Areas A through H). The purpose of the
City's Inclusionary Zoning Regulations is to enhance the public welfare and assure that further housing
dcvclopment contributcs to the attainment of the City's housing goals by increasing the production of
residential units affordable by households of very-low, low, and moderate income as defined by the State.
Fairway Ranch is segmented into three development parcels (ereated by Tract No. 7453), each having a
separate corresponding Component Development Agreement applicable to the following residential type:
Senior Citizen housing,
Multifamily (rental) housing, and
Condominium (for-sale) housing
Other deveJopment areas within Dublin Ranch, but outside of Fairway Ranch, could be allocated or draw
credit fÌom the "affordable" housing clustered within this development.
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The following key points are included in thc proposed Amendment:
Comvliance with and Allocation of Credit for Affordable Housing Units - Of the 930 units to be
dcvclopcd in Fairway Ranch, the Fairway Ranch Development Agreement establishes thc required
minimum number of 587 units to be developed and maintained as affordable for a period not less than
55 years. The Agreement addresses the number of affordable units applicable to the Fairway Ranch
Project, itself. The proposed Amendment will incorporate thcsc provisions of the Fairway Ran.ch
Development Agreement into the Master Development agreement.
Commercial Linkage Fec/Non-Residential Affordable Housing Fee - The Fairway Ranch
Development Agreement provides that the commercial property developed in accordance with thc
Master Development Agreement will be exempt fÌom the Non-Residential Affordable Housing Fee.
The proposed Amendment would incorporate that exemption into the Master Development
Agreement.
Park Land - S"ction 17 of thc Master Dcvclopment Agreement establishes the requirements for 52
al,TeS of park land dedication and development within Dublin Ranch, including 44.5 acres of
Community Park land and 7.5 acres of additional park land. The proposed Amendment would
provide that once the provisions of Section 17 aTe satisfied, the parties will execute a document to that
effect. Although the City and the Lins entered into an agreement recently regarding the community
park to be constructed in this area, that agreement does not itself satisfy the provisions of Section 17,
but specifies how those provisions will be satisfied.
The proposed Amendment (Exhibit A) has been prepared by the City Attorney and cxccuted by the Lins.
State law requires three public hearings for the approval or amendment of a Development Agreement.
The first public hearing is before the Planning Commission for a recommendation to the City Council.
Since Development Agreements are adopted and amended by ordinance, approval requires a first and
second reading before the City Council and would become effective 30 days thereafter.
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA), Staff has prepared an Initial Study and
determined that the Amendment is within the scope and determination applicable to the Development
Agreements when previously approved and that no additional impacts would result fÌom its approval.
The environmental impacts of the previously approved Development Agreements were addressed by the
Final Program ETR for the Eastern Dublin General Plan Amendment and Specific Plan (SCG#91-
103064), including all Supplements and Addenda.
Planning Commission Action:
On May 24, 2005, the Planning Commission reviewed the proposed Ordinance with the attached
Amendment and unanimously recommended that the Council adopt the Ordinance approving the
proposed Amendment to the Master Development Agreement.
Public Notification:
Tn accordance with State law, a public notice was mailed to all property owners and occupants within 300
feet of the proposed project, to advertise the project and the upcoming public hearing. A public notice
was also published in the Valley Times and posted at several locations throughout the City.
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CONCLUSION:
Approval of the proposed Amendment to the Master Development Agreement wi11 implement provisions
of the Eastern Dublin Specific Plan and update the requirements for consistency with past and current
approvals. The proposed Amendment is consistent with both the General Plan and the Eastern Dublin
Specific Plan.
RECOMMENDATION:
Staff recommends the City Council open the Pllblic Hearing, receive Staff presentation, receive public
testimony, deliberate, close the public hearing, and waive the reading and introduce the Ordinance
approving an Amendment to the Master Development Agreement for The Dublin Ranch Project (Areas A,
B, C, D, E, F, G and H between the City of Dublin and the Lin Family with the Amendment attached as
Exhibit A.
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ORDINANCE NO. ·05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN AMENDMENT TO THE
MASTER DEVELOPMENT AGREEMENT FOR P A 05-023
THE DUBLIN RANCH PROJECT (AREAS A, B, C, D, E, F, G AND H)
JAMES TONG ON BEHALF OF THE UN FAMILY
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
RECITALS
A. On June 29, 1999, the City Council of the City of Dublin adopted Ordinance _-99
approving a Master Development Agreement ("Master DA") between the City of Dublin and: I) Chang
Su-O Lin (aka Jennifer Lin), 2) Hong Lien Lin (aka Frederic or Frederich Lin), and 3} Hong Yao Lin (aka
Kevin Lin), hereinafter feferenced as "The Lin Family" and identified as "Developer" for the project
known as The Dublin Ranch Project (Areas A, B, C, D, E, F, G & H).
B. The Master DA is recorded as instrument No. 99251790 in the official records ofthe
Clerk-Recorder of Alameda County with an Effective Date of June 29,1999.
C. The Dublin Ranch Project (Areas A, B, C, D, E, F, G & H) is located within the
boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area which is designated on the
General Plan Land Use Element Map and Eastern Dublin Specific Plan Land Use Map.
D. An Amendment to the Master DA has been presented to the City Council attached hereto
as Exhibit A,
E. Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section
15182, an Initial Study was prepared and a determination was made that the Amendment is within the
scope of the Final Program Environmental Impact Report for the Eastern Dublin General Plan
Amendment and Specific Plan, which was certified by the City Council by Resolution No. 51-93, the
Addenda dated May 4, 1993 and August 22, 1994 (the "EIR"), (SCG#91-103064), including all
Supplements and Addenda, and the determination applicable to the approval of the Master DA and
subsequent Development Agreements when previously approved. A determination on the Initial Study
was made that no additional impacts would result fÌom approval of the Amendment to the Master DA.
F. On May 24, 2005, a public hearing on the proposed Amendment to the Master DA was
held before the Planning Commission for which public notice was given as provided by law.
G. The Planning Commission, by Resolution No.05-30 made its recommendation to the City
Council fOf approval of the Amendment to the Master DA.
H. A public hearing on the proposed Amendment to the Master DA was held before the City
Council on June 7, 2005 and June 21,2005, for which public notice was given as provided by law.
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ATTACHMENT 1
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I. The City Council has considered the recommendation of the Planning Commission
including the reasons for its recommendation, the Agenda Statement, all comments received in writing,
and all testimony received at the public hearing.
Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the
ElR, (f) the Initial Study, (g) the Addenda, and (h) the Agenda Statement, and on the basis of the specific
conclusions set forth below, the City Council finds and determines that:
I. The Amendment to the Master DA is consistent with the objectives, policies, general land
uses and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin
General Plan Amendment, and in the Specific Plan in that: (a) the General Plan and Specific Plan land
use designations and the proposed project is consistent with that land use, (b) the project is consistent with
the fiscal policies of the General Plan and Specific Plan with respect to provision of infÌastructure and
public services, and (c) the Devclopment Agreement, as amended, includes provisions relating to vesting
of development rights, and similar provisions set forth in the Specific Plan.
2. The Amendment to the Master DA is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real property is located in that the project approvals have
included a number of subsequent Development Agreements, Stage I Development Plans, Stage 2 Development
Plans, Site Development Reviews and Permits, and Vesting Tentative Maps intended to implement the project
described in the Master DA.
3. The Amendment to the Master DA is in conformity with public convenience, general
welfare, and good land use policies in that it also will implement land use guidelines set forth in the
Specific Plan and the General Plan for the land uses and open space as approved.
4. The Amendment to the Master DA will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
5. The Amendment to the Master DA will not adversely affect the orderly development of
property or the preservation of property values in that the project will be consistent with the General Plan
and with the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Am.endment to the Master DA (Exhibit A) and authorizes
the Mayor to sigu.
Section 4. RECORDA nON
Within ten (10) days after the Amendment to the Master DA is fully executed by all parties, the
City Clerk shall submit it to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
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public places in the City of Dublin in accordance with Section 36933 of the Govennnent Code of the
State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 7th day of June
2005, by the following votes:
AYES:
NOES:
ABSENT;
ABSTAIN:
Mayor
ATTEST:
City Clerk
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City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this line for Recorder's Use
AMENDMENT TO MASTER
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
THE LlN FAMILY
FOR THE DUBLIN RANCH PROJECT
(Areas A, B, C, D, E, F, G and H and "Wallis Ranch")
EXHIBIT A
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TABLE OF CONTENTS
Section 1. ........ ................... ................... ............................................... ................................ ....................3
Section 2. ........ ................... .................. ............................... ................................................... ................. 3
Section 3. Recitals ......... ................... ................ ................................................ ................ .............. 3
Section 4. ....... .................... .................. ................................................................................ ............... 4
Section 4.1 Effective Date............... ................................................................................................. 4
Section 4.2 Term ..................................................................,...... ......................................... ............. 4
Section 5. Exemption from Inclusionary Zoning Regulations for 2,655 Units................... ............... ......4
Section 6. Exemption from Commercial Linkage Fee...............................................................·..··.......... 5
Section 7. Park Land............................................ ............................................................................ ......6
Section 8. Notices ............................... .............................................................................................. ..... 6
Section 9. Exhibits ............................... ... ........................ ........... .......... .... ...... ............................... ............ 6
Section 10 Counterparts.... .................................................................................................. ................... 6
Section 11. Recordation ........ ..................... .........................................................................................6
Section 12. Amendment ........... ......................................... ................................................................... 7
Amendment to Master
Development Agreement for Dublin Ranch Project
Table of Contents
April 5, 2005
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THIS AMENDMENT TO MASTER DEVELOPMENT AGREEMENT is made and
entered in the City of Dublin on this _ day of _, 2005, by and between the CITY OF
DUBLIN, a Municipal Corporation (hereafter "City"), and Chang Su-O-Lin (also known
as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao
Lin (also known as Kevin Un), (hereafter "Developer"), pursuant to the authority of §§
65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter
8.56.
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RECITALS
A. City and Developer are parties to a development agreement entitled
"Master Development Agreement Between the City of Dublin and The Lin Family for the
Dublin Ranch Project (Areas A, B, C, D, E, F, G and H)", which is dated May 18,1999,
and was recorded on July 8, 1999 at 99251790, which agreement was amended by the
"Supplemental Development Agreement Between the City of Dublin and The Un Family
for the Dublin Ranch Project (Areas F, G and H)", which is dated April 18, 2000 and
recorded on November 3, 2000 at 2000335772 (hereafter together referred to as the
"Master Development Agreement"); and
B. Chang Su-O-Lin (also known as Jennifer Lin) and Hong Lien Lin (also
known as Frederic or Frederich Lin) and City are parties to a development agreement
entitled "Development Agreement Between the City of Dublin and Chang Su-O-Lin and
Hong Lien Lin/Dublin Ranch/Failway Ranch", dated July 15, 2003 and recorded on
December 16, 2003 at 2003728503 of the official records of Alameda County (hereafter
the "F airway Ranch Development Agreement", a copy of which is attached hereto as
Exhibit 1); and
C. The Master Development Agreement is applicable to the property in the
City generally known as Areas A, B, C, 0, E, F, G, and H a"nd, Section 20 of such
agreement is applicable to, the property known as the "Wallis Property" or "Wallis
Ranch." Fairway Ranch Development Agreement is applicable to a portion of the
property generally known as Area B; and
D. Developer has assigned all of its rights and obligations under the Master
Development Agreement for the lands known as Area Aand portions of Area G; and
E. The parties desire to amend the Master Development Agreement to
establish Developer's compliance with the inclusionary Zoning Ordinance (Dublin
Municipal Code Chapter 8.68) as set forth in the Fairway Ranch Development
Agreement as to the property described in Exhibit E to the Fairway Ranch Development"
Agreement, which is described in that agreement, and referred to herein, as the
"Affordable Unit Credit Property"; and
Amendment to Master
Development Agreement for DUblin Ranch Project
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April 5, 2005
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F. The parties also desire to allow the Developer to transfer "Affordable Unit
Credits" earned under the Fairway Ranch Development Agreement to purchasers of all
or portions of the property which is included within the "Affordable Unit Credit Property;
and
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G. The parties further desire to set forth a method of documenting
compliance with Section 17 (entitled "Park Land") of the Master Development
Agreement; and
H. California Government Code §§ 65864 et seq. and Chapter 8.56 of the
Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter into an
Agreement for the development of real property with any person having a legal or
equitable interest in such property in order to establish certain development rights in
such property; and
I. DEVELOPER desires to develop and holds legal interest in certain real
property located in the City of Dublin, County of Alameda, State of California, which is
more particularly described in Exhibit 2, which real property is hereafter called the "Un
Property".
J. DEVELOPER has applied for, and CITY has approved, various land use
approvals in connection with the development of the portion of Area B which is subject
to the Fairway Ranch Development Agreement, including: 1) for Areas B a General
Plan and Specific Plan Amendment(Resolution No. 140-97), a PO District rezoning
(Ordinance No. 24-97), general provisions for the PO District rezoning including the
Land Use and Development Plan (Resolution No. 141-97), a Vesting Tentative Tract
Map for Tract 7453 (Planning Commission Resolution No. 03-31), and a density bonus
of 186 units and Site Development Review (City Council Resolution No. 149-03)
(collectively the "Fairway Ranch Project Approvals"); and
K. The City Council has found that, among other things, this Amendment to
Master Development Agreement is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with Chapter
8.56; and .
L. Pursuant to the California Environmental Quality Act (CEQA), the City
Council adopted Resolution No. 149-03, finding that the Fairway Ranch Project
approvals are exempt from CEQA pursuant to Government Code §65457. In making
such determination and determining that there are no supplemental impacts that would
require preparation of a Supplemental EIR for the Fairway Ranch Development
Agreement or this Agreement which is called for in the Fairway Ranch Development
Amendment to Master
Development Agreement for Dublin Ranch Project
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April 5, 2005
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. Agreement, the City prepared an Initial Study which found that the environmental
impacts of the Fairway Ranch Project approvals were addressed by the Negative
Declaration approved by the City Council by Resolution No. 140-97 for the Planned
Development Rezoning for 453 acres of Dublin Ranch which includes the property
subject to this amendment and the Fairway Ranch Project and the Environmental
Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH
911 03Q64) which was certified by the Council by Resolution No. 51-93 and the Addenda
dated May 4, 1993 and August 22, 1994 (collectively, the "EiR").
M. On ,2005, the City Council of the City of Dublin adopted
Ordinance No. _ approving this Amendment to the Master Development Agreement
(hereafter "Amendment to Master Development Agreement"). The ordinance took effect
on , 2005
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NOW, THEREFORE, with reference to the foregoing recitals and in consideration
of the mutual promises, obligations and covenants herein contained, CITY and
DEVELOPER agree to amend the Master Development Agreement as follows:
AGREEMENT
Section 1. Description of Property.
The property which is the subject of this Amendment to Master Development
Agreement is described in Exhibit 2 (the "Un Property"). The property shown on Exhibit
2 as "Parcel B (former Wallis Property)" is not subject to Sections 6 and 7 of this
Amendment to Master Development Agreement and remains s;ubject only to Sections
20 of the Master Development Agreement.
Section 2. Interest of Developer.
The DEVELOPER has a legal or equitable interest in the Un Property, in that it
owns the Un Property in fee simple.
Section 3. Recitals.
The foregoing Recitals are true and correct and shall be deemed to be a part of
this Amendment to Development Agreement.
Amendment to Master
Development Agreement for DUblin Ranch Project
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Section 4. Effective Date and Term.
Section 4.1 Effective Date, The effective date of this Amendment to the
Master Development Agreement shall be the effective date of Dublin City Council
Ordinance No.
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Section 4.2 Term. This Amendment to the Master Development
Agreement shall terminate as to Section 5 below upon the use or expiration of all
"Affordable Unit Credits" issued pursuant to the Fairway Ranch Development
Agreement, whichever occurs later, and as to Section 6 below upon the 30th anniversary
of the effective date of the Fairway Ranch Development Agreement, as provided in
Section 5.3.6(C) of Exhibit B of said agreement. Except as provided in the preceding
sentence, this Amendment shall termin'ate when the Master Development Agreement
terminates.
Section 5. Exemption from Inclusionarv Zoninq Requlations for 2,655 Units.
Upon completion of the entire Fairway Ranch Project in accordance with the
Fairway Ranch Development Agreement, DEVELOPER will have provided affordable
units, as defined in City's Inclusionary Zoning Regulations (Exhibit C to the Fairway
Ranch Development Agreement), in the following income categories:
Multifamilv Component
--90 moderate income units
--90 low income units
--63 very low income units
Senior Housinq Component
-131 moderate income units
-97 low income units
--64 very low income units
Condominium Component
--52 moderate income units
DEVELOPER will receive 332 "Affordable Unit Credits," as that term is defined in
the Fairway Ranch Development Agreement upon completion of the entire Fairway
Ranch Project. In accordance with the Fairway Ranch Development Agreement, the
332 Affordable Unit Credits can be used by Developer to comply with the Inclusionary
Zoning Regulations on the Affordable Unit Credit Property, as such regulations currently
exist or as they may be hereafter amended, for a maximum of2,655 units,
notwithstanding the requirements of the Incluslonary Zoning Regulations as they
Amendment to Master
Development Agreement for Dublin Ranch Project
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April 5, 2005
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currently exist or as they may hereafter be amended as to the mix of the affordable
units, number of bedrooms or concentrations of such units on the Affordable Unit Credit
Property. The Affordable Unit Credits must be used as provided in the Fairway Ranch
Development Agreement.
City shall determine the number of affordable units required for each residential
development proposed for development on the Affordable Unit Credit Property at the
earliest to occur of the time of tentative map approval, conditional use permit or site
development review by reference to the Inclusionary Zoning Regulations attached as
Exhibit C to the Fairway Ranch Development Agreement to determine the number of
affordable units required for each such residential development and, provided
Developer has a sufficient number of Affordable Unit Credit Certificates for the number
of such required affordable units, City shall not require compliance with the Inclusionary
Zoning Regulations for such development The payment of in-lieu fees will not be
allowed for any residential development project on the Affordable Unit Credit Property.
If Developer has not earned or obtained Affordable Unit Credit Certificates in
sufficient number to provide the required number of affordable units required for a
proposed residential development on the Affordable Unit Credit Property, Developer
shall be required to comply with the inclusionary zoning requirements then in effect prior
to Site Development Review approval, including the requirement of section 8.68.050A
of the InclusionaryZoning Regulations (Exhibit C to the Fairway Ranch Development
Agreement) for an affordable housing agreement. Alternatively, Developer may
withdraw its application for Site Development Review approval until Developer has
sufficient Affordable Unit Credit Certificates to provide the required number of affordable
units for the residential development project.
All references in this Section 5 to "Developer" shall include persons or entities to
whom Developer has conveyed or conveys any portion of the Affordable Unit Credit
Property, it being the intention of the City and Developer that such persons or entities
shall be entitled to the benefits and burdens of Sections 5.3.7.B(v) to (ix) of Exhibit B of
the Fairway Ranch Development Agreement.
Section 6. Exemption from Commercial Linkaqe Fee.
The property described in Exhibit F to the Fairway Ranch Development
Agreement, shall be exempt from any commercial linkage or similar fee in the manner
provided in Section 5.3.7(C) of Exhibit B of the Fairway Ranch Development
Agreement.
Amendment to Master
Development Agreement for Dublin Ranch Project
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Section 7. Park Land.
Upon satisfaction of the provisions of Section 17 of the "Master Development
Agreement Between the City of Dublin and The Lin Family for the Dublin Ranch Project
(Areas A, B, C, D, E, F, G and H)", City and Developer will jointly execute an agreement
or other document indicating that Section 17 has been satisfied. The City Clerk shall
maintain the original of such document.
Section 8. Notices.
Section 38 of the "Master Development Agreement Between the City of Dublin
and The Un Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H)" shall
be amended by changing the persons to who notice shall be given to DEVELOPER.
Hereafter, all notices required to be given to DEVELOPER shall be addressed as
follows:
Martin W. Inderbitzen
7077 KolI Center Pkwy, Suite 120
Pleasanton CA 94566
Section 9. Exhibits.
The following documents are referred in this Agreement and are attached hereto
and incorporated herein as though set forth in full:
Exhibit 1
Fairway Ranch Development Agreement
Exhibit 2
Legal Description of the Un Property
Section 10 Counterparts.
This Amendment to the Master Development Agreemellt is executed in two (2)
duplicate originals, each of which is deemed to be an original.
Section 11. Recordation.
CITY shall record a copy of this Amendment to within ten days following
execution by all parties.
Amendment to Master
Development Agreement for Dublin Ranch Project
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Section 12. Amendment.
Except as set forth herein, the Master Development Agreement shall not be
amended.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date and year first above written.
CITY OF DUBLIN:
By: Date:
Janet Lockhart, Mayor
ATTEST:
By: Date:
Kay Keck, City Clerk
Approved as to Form:
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Elizabeth H. Silver, City Attorney
DEVELOPER:
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Date:
Frederic Un)
Date:
Y n
nown as Kevin Un)
Amendment to Master
Devetopment Agreement for Dublin Ranch Project
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¡'Approved as to Form:
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Marty Inderbitzen
Attomey for Un Fami
Amendment to Master
Development Agreement for Dublin Ranch Project
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April 5, 2005
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l' AMERICAN INSTlTUE IN TAIWAN, T AlPEI OFFICE
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On ApTi 1 77, ?OO'i
Lin; Hong-lien
appeared J.i n HonQ-lien
Sri R. KulkarDi
, before me, SDecial Notary (PL96-8) , personally
as attoTney-in-fact of Lin Chang, Su-o;
and Lin. Hon~ Yao--- , p~ggR~lly l:ng"nR. to ms (sr
proved to me on the basis of satisfactory evidence) to be the person( s) whose name( s}-ffilare subscribed
to the within instrument and acknowlcdged to me that ae/sas/they executed the same in àiÐ,( ¡.iJr1their
authorized capacity(ies), and that by his/her/their signature(s) on the instrurnent, the person(s) or the
entity upon behalf of which the person( s) acted, executed the instrument
WITNESS my hand an official seal.
Public
¡ R. Kulkarni
Special Notary (PL96-8)
Duly appointed and Qualified
My cO!XImission expires: J nne 25. 2007
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State of California
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County of Alameda
On
before me, a Notary Public,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/herftheir authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
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Áo.1DI'IGRroUESTEDBY , '
.r fiRS, j,MEfUCA~-rm.E
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/Recordlng requested by and
, wholl recorded, retum to:
City of Dublin
100 Civic Plaza
Dublill. CA 94568
Artn: City Clerk
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DEVeLOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
Chang Su-O-Lin and Hong LIen Un
DUBLIN RANCH
FAIRWAY RANCH
EXHIBIT "1"
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II' THIS DEVELOPMENT AGREEMENT (!hi, "A"eement"), dated 1m
reference purposes as of July 15, 2003, is entered into by and between the City
/' of Dublin, a Municipal Corporation ("City"), and Chang Su-O-Un and Hong Lien
¡.J Un ( collectively, the "Developer"). City and Developer are hereafter collectively
I referred to as the "Parties."
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RECITALS'
A. California Government Code Section 65864 et seq. and Chapter
8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City
to enter into an agreement for the development of real property with any person
having a legal or equitable interest in such property in order to establish certain
development rights in such property.
B. Developer holds legal interest in certain real property (the
"Property") consisting of approximately 26.3 acres of land, located in the City of
Dublin, County of Alameda, which property is designated as Parcels 1, 2 and 3
on Tentative Tract Map No. 7453 and which is more particulariy described in
Exhibit A attached hereto. Parcels 1, 2 and 3 may be described as Lots 1, 2 and
3, respectively, on Final Map 7453 and references Parcels 1, 2 and 3 shall be
deemed to refer to Lots 1, 2 and 3, respectively, on the Final Map for Tract 7453.
C. The Dublin City Council ("City Council") adopted the Eastern
Dublin Specific Plan ("Plan") by Resolution No. 53-93 which Plan is applicable to
the Property and requires the developer of the Property to enter into a
development agreement with City.
D. The Developer and City are parties to that certain Master
Development Agreement between the City of Dublin and the Un Farnily for the
Dublin Ranch Project (Areas A, B, C, 0, E, F, G and H) recorded July 8, 1999 in
the Alameda County Official Records at 99251790 ("Master Development
Agreement"). The Parties intend to enter into an amendment to the Master
Development Agreement to establish Developer's compliance with the
Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68) as
hereinafter set forth. .
E. Developer proposes to develop the Property in three phases,
consisting of a total of 930 housing units. The phases are collectively hereinafter
referred to as the "Project". The "Multifamily Component" of the development
shall consist of 304 multi-family rental units, of which 243 units shall be
affordable units available at affordable rents to households of very low, low and
moderate-income pursuant to the City's Inclusionary Zoning Ordinance (Chapter
8.68). The "Senior Housing Component" of the development shall consist of
322 multi-family rental units for seniors, of which 292 units shall be affordable
units available at affordable rents to senior households of very low, low, and
moderate-income pursuant to the City's Inclusionary Zoning Ordinance (Chapter
8.68). Developer shall retain discretion as to the sequence of construction for the
Multifamily Component and the Senior Housing Component. The third phase of
the development ("Condominium Component") shall consist of 304
condominium units, of which 52 shall be affordable units available at affordable
Development Agreement
Fairway Ranch
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¡' condominium units, of which 52 shall be affordable units available at affordable
cost to households of moderate-income pursuantto the City's Zoning Ordinance
(Chapter 8.68). As more particularly described in the Affordabie Housing
Regulatory Agreements executed, or to be executed, by and between City and
Developer and recorded concurrently herewith for Lots 1 and 2 ("Regulatory
Agreements") and Conditions, Covenants and Restrictions (or deed restrictions)
recorded concurrently herewith against the Property, the Developer and its
successors in interest shall be required to maintain the affordability of the
affordable units and the availability of such units to households of the specified
income levels for not less than 55 years.
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F_ Developer has applied for, and City has approved or is processing,
various land use approvals in connection with the development of the Project,
including Vesting Tentative Tract Map for Tract 7453 (Planning Commission
Resolution No. 03-31), a density bonus of 186 units and site development review
City Council Resolution No. 149-03 (collectively the "Project Approvals").
G. Developer is proposing that the affordable units referred to in
Recital E will satisfy the Developer's obligation for compliance with the City's
Inclusionary Zoning Regulations (Dublin Municipal Code Chapter 8.68) for the
Project and for 2,655 units on the rest of Developer's property through affordable
unit credits which can be used on other properties owned by Developer and to
otherwise satisfy the requirements of the Inclusionary Zoning Ordinance for this
Project.
H. Developer anticipates transferring Parcels 1, 2 and 3 of Tract 7453
to different legal entities. Developer and City are entering into separate
development agreements to be recorded concurrently herewith for Parcel 1
(Senior Housing Component), Parcel 2 (Multifamily Component) and Parcel 3
(Condominium Component) which agreements include provisions identical to
Sections 1 to 24 and 26 to 27 of this agreement and Sections 5.3.1, 5.3.2, 5.3.4,
5.3.5 and 5.3.6 of Exhibit B (the "Component Development Agreements").
Developer and City anticipate that Developermay assign its rights and
obligations under such separate development agreements to the purchasers or
lessees of Parcels 1, 2 and 3.
I. The Component Development Agreements are required by the
Master Development Agreement, provided such Component Development
Agreements do not impair any of developer's rights under the Master
Development Agreement.
J. The purpose of this Agreement is to provide for certain phasing of
. the Project; to establish credits for certain of the affordable units which, upon
completion of the Project, will allow development of Developer's remaining
property without compliance with the Inclusionary Zoning Ordinance in effect now
or hereafter; and toestablish a waiver of a potential commercial linkage fee for
the benefit of property owned by Developer.
Development Agreement
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K. City desires the timely, efficient, orderly and proper development of
the Project, and City and Developer desire to facilitate development of the
Project in accordance with and subject to the terms and conditions set forth
herein.
L. The City Council has reviewed and evaluated this Agreement in
accordance with Chapter 8.56, and has found that this Agreement is consistent
with the City's General Plan and the Eastern Dublin Specific Plan.
M. Pursuant to the California Environmental Quality Act (CEQA), the
City Council adopted Resolution No.. 149-03, finding that the Project is exempt
from CEQA pursuant to Government Code §65457. In making such
determination and determining that there are no supplemental impacts that would
require preparation of a Supplemental EIR, the City prepared an Initial Study
which found that the environmental impacts of the Project were addressed by the
Negative Declaration approved by the City Council by Resolution No. 140-97 for
the Planned Development Rezoning for 453 acres of Dublin Ranch which
includes the Property and the Project and the Environmental Impact Report for
the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064)
which was certified by the Council by Resolution No_ 51-93 and the Addenda
dated May 4, 1993 and August 22, 1994 (collectively, the "EIR").
N. On July 15, 2003, the City Council adopted Ordinance No. 8-03
approving this Agreement. The ordinance took effect on August 15, 2003"
NOW, THEREFORE, with reference to the foregoing recitals and
inconsideration of the mutual promises, obligations and covenants herein
contained, City and Developer agree as follows.
1. Description of Property.
The property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it
owns the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by City and Developer and that the Developer is not
an agent of City, The City and Developer hereby renounce the existence of any
form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
Development Agreement
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Page 3 of 17
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construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1 Effective Date. The effective date of this Agreement ("Effective
Date") is August 15, 2003, which is the effective date of City Ordinance No. 8-03,
adopting this Agreement.
4.2 Term. The term of this Agreement shall commence on the
Effective Date and shall terminate on the fifth anniversary of such date, unless
this Agreement is otherwise terminated or extended pursuant to the terms hereof.
Notwithstanding anything to the contrary contained herein or in the Site
Development Review approval: (i) the Site Development Review approval shall
remain effective for five years following the Effective Date of this Agreement, and
(ii) provided that certificates of occupancy have been issued for either the entire
Multi-Family Component or the entire Senior Housing Component prior to
expiration of the term of this Agreement, the Site Development Review approval
(Resolution No_149-03) shall remain effective until the tenth anniversary of the
Effective Date.
4.3 Optional Extension. Prior to the termination of this Development
Agreement, as provided in Section 4.2, Developer may extend the term of the
Development Agreement. To do so, Developer shall give City written notice at
least 90 days prior to the termination date of the Development Agreement. At the
time Developer provides such notice, Developer shall make a contribution to City
in the amount of One Hundred Thousand Dollars ($100,000). Upon receipt of the
notice and the contribution, the City Manager shall approve the extension and
shall notify the Developer in writing that the term of the Development Agreement
has been automatically extended for an additional one-year period, commencing
on the date the Development Agreement would otherwise have terminated. The
Developer may exercise its option to extend the Development Agreement no
more than five times, for a maximum total term of the Development Agreement of
ten years. The total contribution for the maximum extension of five years will be
Five Hundred Thousand Dollars ($500,000). Notwithstanding anything to the
contrary in this Section, if Developer has provided the notice and contribution to
extend one of the Component Development Agreements, Developer shall not be
required to provide the $100,000 contribution to extend the term of this
Development Agreement and this Agreement will automatically be extended to
be coterminous with such Component Development Agreement.
5. Use of the Propertv.
5.1 Richt to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals, and any amendments to any of them as shall,
from time to time, be approved pursuant to this Agreement.
Development Agreement
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5.2 Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, buik and size of proposed buildings,
provisions for reservation or dedication of land for pubiic purposes and location
and maintenance of on-site and off-site improvements, iocation of public utilities
(operated by City) and other terms and conditions of development applicable to
the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
5.3 Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto.
5.3.1 Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
and any other approvals required by other regulatory agencies.)
None
5.3.2 Mitiqation Conditions. Additional or modified conditions
agreed upon by the Parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3 PhasinQ, Timinq. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5.3.4 Financina Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5 Fees. Dedications. Terms relatìng to payment of fees or
dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
Development Agreement
Fairway Ranch
Page 5 of 17
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5.3.7 Miscellaneous. Miscellaneous terms.
See Exhibit B
Applicable Rules, Reoulations and Official Policies.
6.1 . Rules Reqardinq Permitted Uses. For the tenn of this Agreement,
the City's ordinances, resolutions, rules, regulations and officiai policies
governing the permitted uses of the Property, the density and intensity of use of
the Property, and the maximum height, bulk and size of proposed buildings shail
be those in force and effect on the Effective Date hereof.
6.2 Rules Reoardino Desiqn and Construction. Unless otherwise
expressly provided in Section 5 or Exhibit B attached hereto, the ordinances,
resolutions, rules, regulations and official poiicies governing design, improvement
and construction standards and specifications applicable to the Project shall be
those in force and effect on the Effective Date hereof. Ordinances, resolutions,
rules, regulations and official policies governing design, improvement and
construction standards and specifications applicable to public improvements to
be constructed by Developer shall be those in force and effect at the time the
applicable permit approval is granted.
6.3 Uniform Codes Applicable. Unless otherwise expressly provided in
Section 5 or Exhibit B attached hereto, the Project shall be constructed in
accordance with the provisions of the Unifonn Building, Mechanical, Plumbing,
Electrical and Fire Codes and Title 24 of the California Code of Regulations,
relating to Building Standards, In effect at the time of approval of the appropriate
building, grading, or other construction permits for the Project.
7. Subsequentlv Enacted Rules and Requlations.
7.1 New Rules and Reoulations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the Effective Date and which are not in conflict with those applicable to the
Property as set forth in this Agreement If: (a) the appiication of such new or
modified ordinances, resolutions, rules, regulations or official policies would not
prevent, impose a substantial financiai burden on, or materially delay
development of the Property as contemplated by this Agreement and the Project
Approvals, and (b) if such ordinances, resolutions, rules, regulations or official
policies have general applicability.
7.2 Approval of Application. Nothing In this Agreement shall prevent
the City from denying or conditionally approving any subsequent discretionary
land use approval for the Project on the basis of the ordinances, resolutions,
rules, regulations and policies in effect at the time of such approval.
Development Agreement
Fairway Ranch
Page 6 of 17
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7.3 Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of City, by initiative, referendum, or othelWise, that
imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all orany part of the Property,
City agrees that such ordinance, resolution or other measure shall not apply to
the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration ofa local emergency or
state of emergency as defined in California Government Code § 8558.
8. Subsequentlv Enacted or Revised Fees, Assessments and Taxes.
8.1 Fees, Exactions, Dedications. City and Developer agree that the
fees payable and exactions required in connection with the development of the
Project for purposes of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and complying with the Specific Plan shall
be those set forth in the Project Approvals and in this Agreement (including
Exhibit B). The City shall not impose or require payment of any other fees, '
dedications of land, or construction of any public improvement or facilities, shall
not increase or accelerate existing fees, dedications of land or construction of
public improvements, or Impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth In the
Project Approvals and this Agreement (including Exhibit 6, Section 5.3.5).
8.2 Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the tenn of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective; and (3) the application of
such fees would not prevent development in accordance with this Agreernent.
8.3 New Taxes. Any subsequently enacted City-wide taxes shall apply
to the Project provided that: ( 1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
8.4 Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the California Constitution, and Developer does not return its ballot.
Deveioper agrees, on behalf of itself and its successors, that City may count
Developer's ballot as affirmatively voting In favor of such assessment. fee or
Development Agreement
Fairway Ranch
Page7of17 .
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9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal Laws. In the
event that state or federal laws or regulations enacted after the Effective Date
prevent or preclude compliance with one or more provisions of this Agreement or
require changes in plans, maps or permits approved by the City, the Parties shall
meet and confer in good faith in a reasonable attempt to modify this Agreement
to comply with such federal or state law or regulation. Any such amendment or
suspension of the Agreement shall be approved by the City Council in
accordance with Chapter 8.56.
9.2 Amendment bv Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the Parties and in accordance
with the procedures of state law and Chapter 8.56.
9.3 Insubstantiai Amendments. Notwithstanding the provisions of
Section 9.2, any amendments to this Agreement which do not relate to (a) the
term of the Agreement as provided in Section 4.2; (b) the permitted uses of the
Property as provided in Section 5.2; (c) provisions for "significant" reservation or
dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (e) the density or intensity of
use of the Project; (f) the maximum height or size of proposed buildings; (g)
monetary contributions by Deveioper; (h) the affordable housing units to be
constructed as part of the Project (including without limitation, the number,
location, size, affordability level, or timing of the construction of such units); (i)
public improvements to be constructed by Developer; OJ the accrual or use of
the Affordable Unit Credits described in Section 5.3.7B of Exhibit B; or (h) the
exemption from Commercial Linkage Fee described in Section 5.37.C of Exhibit
B shall not, except to the extent otherwise required by law, require notice or .
public hearing before either the Planning Commission or the City Council before
the Parties may execute an amendment hereto. City's Public Works Director
shall determine whether a reservation or dedication is "significant".
9.4 Amendment of Proiect Aoorovals. Any amendment of Project
Approvals relating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (d) the density or intensity of
use of the Project; (e) the maximum height or size of proposed buildings; (f)
monetary contributions by the Developer; (g) public improvements to be
. constructed by Developer; (h) the affordable housing units to be constructed as
part of the Project (including without limitation, the number, location, size,
affordability level, or timing of the construction of such units); (i) the accrual or
use of the Affordable Housing Credits described in Section 5.3.7B of Exhibit B; or
OJ the exemption from Commercial Linkage Fee described in Section 5.3.7C of
Development Agreement
Fairway Ranch
Page 8 of 17
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Exhibit B shall require an amendment of this Agreement. . Such amendment shall
be limited to those provisions of this Agreement which are implicated by the
amendment of the Project Approval. Any other amendment of the Project
Approvals, or any of them, shall not require amendment of this Agreement unless
the amendment of the Project Approval(s) relates specifically to some provision
of this Agreement.
9.5 Cancellation bv Mutual Consent. Except as othelWise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the Parties or their successors in interest, in accordance with the
provisions of Chapter 8.56_ Any fees paid pursuant to Section 5.3 and Exhibit B
of this Agreement prior to the date of cancellation shall be retained by City.
10. Term of Proiect Aoorovals.
Pursuant to California Government Code Section 66452.6(a), the term of
the tentative tract map described in Recital F above shall automatically be
extended for the term of this Agreement. The term of any other Project Approval
shall be extended only if so provided in Exhibit B or Section 4.2.
11. Annual Review_
11.1 Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2004 and each July 15 to August 15 thereafter.
11.2 Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56_140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such revieW. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessa/)' by the Community Development Director, to
demonstrate good faith compliance with the provisions of this Agreement. The
Developer shall have the burden of proving such compliance by substantial
evidence.
11.3 Staff Reoorts. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits relating to
this Agreement at least five (5) days prior to any annual review.
11.4 Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the City's schedule
of fees in effect at the time of review.
Development Agreement
Fairway Ranch
Page 9 of 17
628317-14
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12. Default.
12.1 Other Remedies Available. Upon the occurrence of an event of
default hereunder, the Parties may pursue all other remedies at law or in equity
which are not otherwise provided for in this Agreement or in City's regulations
governing development agreements, expressly including the remedy of specific
performance of this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of default by
either Party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3 No Damaqes Aqainst City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against City
upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
Either Party may, at any time, and from time to time, request the other'
Party to provide a written certification that: (a) this Agreement is in full force and
effect and a binding obligation of the Parties, (b) this Agreement has not been
amended or modified either orally or in writing, or if amended, identifying such
amendments in the certification, and (c) to the knowledge ofthe certifying Party,
the requesting Party Is not in default in the performance of its obligations under
this Agreement, or if in default, to describe in the certification the nature and
amount of any such defaults. A Party receiving a request hereunder shall
execute and return such certification within thirty (30) days following the receipt
of such request, or such longer period as may reasonably be agreed to by the
Parties. City Manager of City shall be authorized to execute any certification
requested by Developer. Should the Party receiving the request not execute and
return such certification within the applicable period, this shall not be deemed to
be a default, provided such Party shall be deemed to have certified that the
statements in clauses (a) ~hrough (c) of this section are true, and any party may
rely on such deemed certification.
Any request by Developer for a written certification to a third party shall be
accompanied by payment to City of a fee for such certification in an amount
established by the Council from time to time.
Development Agreement
. Fairway Ranch
. Page 10 of 17
628317-14
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14, Mortqaqee Protection: Certain Riqhts of Cure.
14.1 Mortqaqee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, the purchaser at any trustee's sale or foreclosure sale shall not be
iiable for any violation hereof occurring prior to the acquisition of title by such·
purchaser, but all the terms and conditions contained in this Agreement shall be
binding upon and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property,
or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure,
or otherwise.
14.2 Mortoaoee Not Oblioated. Notwithstanding the provisions of
Section 14.1, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortg<'igee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
14.3 Notice of Default to MortGaGee and Extension of RiGht to Cure. If
City receives notice from a Mortgagee requesting a copy of any notice of default
given Developer hereunder and specifying the address for service thereof, then
City shall deliver to such Mortgagee, concurrently with service thereon to
Developer, any notice given to Developer with respect to any claim by City that
Developer has committed an event of default. Each Mortgagee shall have the
right during the same period available to Developer to cure or remedy, or to
commence to cure or remedy, the event of default claimed set forth in the City's
notice. City, through its City Manager, may extend the thirty-d<'iy cure period
provided in Section 12.2 for not more than an additional sixty (60) days upon
request of Developer or a Mortgagee.
15. Severability.
The unenforceability, invaiidity or illegality of any provision, covenant,
condition or term of this Agreement shall not render the other provisions hereof
unenforceable, invalid or iIIegai.
Development Agreement
Fairway Ranch
Page 11 of 17
628317-14
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16. Attorneys' Fees and Costs.
,/
If City or Developer initiates any action at law or in equity to enforce or
interpret the terms and conditions of this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs in addition to any other
relief to which it may otherwise be entitled. If any person or entity not a party to
this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreementor the Project Approvals, the Parties shall
cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse City for
an reasonable court costs and attorneys' fees expended by City in defense of any
such action or other proceeding.
17. Transfers and Assiqnments.
17.1 Riqht to Assiqn. Developer may wish to sell, transfer or assign all
or portions of its Property to other developers (each such other developer is
referred to as a 'Transferee"). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of Developer which arise
hereunder and pertain to the portion of the Property being sold or transferred to
such Transferee; provided, however that: no such transfer, sale or assignment of
Developer's rights, interests and obligations hereunder shall occur by operation
of law or otherwise absent prior written notice to City and written approval thereof
by the City Manager, which approval shall not be unreasonably withheld or
delayed.
17.2 Approval and Notice of Sale. Transfer or Assiqnment The City
Manager shall consider and decide on any proposed transfer, sale or assignment
of Developer's rights, interests and obligations hereunder within ten business
(10) days following receipt of Developer's notice, provided all documents,
certifications and other information reasonably requested by City are provided to
the City Manager to enable the City Manager to determine whether the proposed
Transferee can perform the Developer's obligations hereunder. Notice of any
such approved sale, transfer or assignment (including a description of all rights,
interests and obligations that have been transferred and those which have been .
retained by Developer) shall be recorded in the official records of Alameda
County, in a form acceptáble to the City Manager, concurrently with such sale,
transfer or assignment
17.3 Effect of Sale, Transfer orAssiqnment Developer shall be
released from ariy obligations hereunder sold, transferred or assigned to a
Transferee pursuant to this Section 17, provided that: a) such sale, transfer or
assignment has been approved by the City Manager pursuant to this Section 17.
b) such obligations are expressly assumed by Transferee, and (c) such
Transferee shall be subject to all the provisions hereof and shall provide all
Development Agreement
Fairway Ranch
Page 12 of 17
628317-14
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documents, certifications and other information reasonably requested by City
prior to City Manager approval pursuant to this Section 17.
17.4 Permitted Transfer, Purchase or Assionment. The sale or other
transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to
the exercise of any right or remedy under a third-party deed of trust encumbering
Developer's interest in the Property shall not require City Manager approval
pursuant to this Section 17, However, any subsequent transfer, sale or
assignment by such Purchaser to a subsequent transferee, purchaser, or
assignee shall be subject to the provisions of this Section_
18. Aoreement Runs with the Land.
All of the provisions, rights, terms, covenants, and obligations contained in
this Agreement (with the exception of City's obligation to provide financing to
Developer pursuant to the Loan Agreement) shall be binding upon the Parties
and their respective heirs, successors and assignees, representatives, lessees,
and all other persons acquiring the Property, or any portion thereof, or any
interest therein, whether by operation of law or in any manner whatsoever. All of
the provisions of this Agreement shall constitute covenants running with the land
pursuant to applicable laws. Each covenant to do, or refrain from doing, any act
on or with respect to the Property pursuant to this Agreement: (a) is for the
benefit of or is a burden upon the Property, (b) runs with the land, arid (c) is
binding upon the Developer and each successive owner during its ownership of
the Property or any portion thereof. .
19. Bankruptcv.
The obligations of Developer under this Agreement shall not be
dischargeable in bankruptcy.
20. Indemnification; Prevailino Waoes_
20_1 Indemnification.
Developer agrees to indemnify, defend and hold harmless City, and its
elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors, subcontractors,
agents, or employees in connection with the construction, improvement,
operation, or maintenance of the Property and the Project, provided that
Developer shall have no indemnification obligation with respect to the gross
negligence or willful misconduct of City, its contractors, subcontractors, agents or
employees or with respect to the maintenance, use or condition of any
Development Agreement
Fallway Ranch
Page 13 of 17
628317-14
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improvement after the time it has been dedicated to and accepted by the City or
another public entity (except as provided in an improvement agreement or
maintenance bond).
20.2 Prevailinq Waqes.
Î
The Parties acknowledge that the Project or phases of it are intended by
Developer to be exempt from California Labor Code Section 1720 et seq. and the
regulations adopted pursuant thereto ("Prevailing Wage Laws") by virtue of
Labor Code Section 1720(d). If for any reason, the Prevailing Wage Laws are
found to be applicable to the Project, Developer and its contractors shali comply
with such laws: Developer shall, and hereby agrees to, unconditionally
indemnify, reimburse, defend, protect and hold harmiess City and its elective and
appointive boards, commissions, officers, agents, attorneys, consultants and
employees, and their respective successors and assigns, from and against any
and all claims, demands, suits and actions at law or in equity, and losses,
liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief,
and costs and damages of every kind, nature and description (including but not
limited to attorneys' fees and court costs, with counsel reasonably acceptable to
City), and administrative, enforcement or judicial proceedings, whether known or
unknown, and which directiy or indirectly, in whole or in part, are caused by, arise
from, or relate to, or are alleged to be caused by, .arise from, or relate to, the
payment or requirement of payment of prevailing wages or the requirement of
competitive bidding in the 'construction of the Project, the failure to comply with
. any state or federal labor laws, regulations or standards in connection with this
Agreement, including but not limited to the Prevailing Wage Laws, or any act or
omission of City or Developer related to this Agreement with respect to the
payment or requirement of payment of prevailing wages or the requirement of
competitive bidding, whether or not arìyinsurance policies shall have been
determined to be applicable to any such claims, demands, suits, actions, losses,
liabilities, expenses, penalties, fines, orders, judgments; injunctive or other relief,
costs, damages, or administrative, enforcement or judicial proceedings. It is
further agreed that City does not, and shall not, waive any rights against
Developer which it may have by reason of this indemnity and hold harmless
agreement because bf the acceptance by City, or the deposit with City by
Developer; of any of the insurance policies described in this Agreement. The
representations, warranties and covenants contained in this Section shall survive
the termination of this Agreement.
21_ Insurance.
21" 1 Public Liability and PropertyDamaae Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than five million dollars ($5,000,000) with a Twenty Five Thousand Dollar
($25,000) self insurance retention per claim. The policy so maintained by
Development Agreement
Fairway Ranch
Page 14 of 17
628317-14
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Developer shall name the City as an additional insured and shall include either a
severabilityof interest clause or cross-liability endorsement.
21.2 Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees_ Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish City satisfactory evidence of the insurance
required in Sections 21.1 and 21.2 and evidence that the carrier is required to
give the City at least fifteen days prior written notice of the cancellation or
reduction in coverage of a policy. The insurance shall extend to the City, its
elective and appointive boards, commissions, officers, agents, employees and
representatives and to Developer performing work on the Project.
22. Sewer and Water.
Developer acknowledges that it must obtain water and sewer permits from
the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of City.
23. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
Martin Inderbitzen
7077 KolI Center Parkway, Suite 120
Pleasanton, CA 94566-3152
FAX No. (925) 485-1065
Development Agreement
Fairway Ranch
Page 15 of 17
628317-14
31'b lJ(
James Tong
Charter Properties
6601 Owens Drive #100
Pleasanton, CA 94588
(925) 463-1666
A Party may change address by giving notice in writing to the other
party and thereafter all notices shall be addressed and transmitted to the new
address. Notices shall be deemed given and received upon personal delivery, or
if mailed, upon the expiration of 48 hours after being deposited in the United
States Mail. Notices may also be delivered by overnight courier in which case
they shall be deemed given on the following day or by facsimile transmission in
which case they shall be deemed delivered upon verification of receipt.
24. Aqreement is Entire Understandino.·
This Agreement, the loan commitment letters executed by City with an
effective date of July 1, 2003 (the "Loan Commitment"), the Component
Development Agreements, the Regulatory Agreements, and the Loan
Agreements (and related deed(s) of trust and promissory note(s)) constitute the
entire understanding and agreement of the Parties with respect to the subject
matter hereof and supersede all prior negotiations, understandings or
agreements pertaining thereto_
25. Exhibits.
The following Exhibits are attached hereto and incorporated herein by this
reference:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
Exhibit C Inciusionary Zoning Regulations; Dublin Municipal Code
Chapter 8.68
Exhibit D Affordable Unit Credit Certificate
Exhibit E Map of Affordable Unit Credit Property, which. property
Includes properties owned by Developer subject to the
Master Development Agreement," Dublin Ranch West" and
"Dublin Ranch North."
Exhibit F Map of Property Exempt from Commercial Linkage Fee
Development Agreement
Fairway Ranch
Page 16 of 17.
628317-14
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26. Counterparts.
This Agreement may be executed in counterparts, each of which shall be
an original, and all of which taken together shall constitute one agreement.
27. Recordation: Further Assurances,
City shall record a copy of this Agreement within ten days following
execution by all Parties. The Parties agree to execute such additional
instruments and to undertake such actions as may be necessary to effectuate the
intent of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed as of the date and year first written above,
CITY OF DUBLIN
BY:(¡
ATTEST:
APPROVED AS TO FORM:
4~g-- ~U~ 5~L.
Elizabeth H. Silver, City Attorney
,
DEVELOPER
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Development Agreement
Fairway Ranch
Page 17 of 17
628317-14
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of california. . ... . . .}
County of)11- A:!:J.!?D L_ _ _-'-- ss.
On __} 0 (. ! ~_, before me, ~Jsl;.LI{. ~ p(Jjl;t-/(,-
Ll2.Jír.Lf-' I T-'. ~ / N..rncsMT~I~ otOffi(:8.r{~,g" "Jsnõ< 008, Nr.I!õ:!IY pl)blit::"')
personally appeared _~ljjlE:r J-11 (' Y-f/ II ¡¿í ., -
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o personally known to me
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evidence
to be the persont>õ) whose name~) isla...
subscribed to the within instrument and
acknowledged to me that'!:<e/she/~ executed
the same in I'1i<i/herMe-ir authorized
capacityíJs.s), and. that by 'hi.s/herron..ir
signature~ on the instrument the person~, or
the entity upon behalf of which the personN
acted, executed the instrument.
tficial "tal.
ielL
rise" Notary S~õ:l1 Ah¡1VI~
OPT/ONAL
though the informatíon b€3Jow is not required by law, it fTlay prove valuablA to pørsDn~ relying on the dor;ument
"nd wuld proven' fralidulent fomj) and reaN"chm""t of ¡his !oem to another document.
Description of AttachecWocyment fLB L/ N P ANCfI fít¡ Ru)/l:y RIT N ê)¡
Title or Type of Document»E V Et-OP f1~C-R F:{."; H 6f:LL_--
Document Date: _\J¡¿U ~l?i2 Oª--__ Number of Pages: 'i2.Jt--
Signer(s) Qther Than Named Above: CIi/iIL':;' ...0.1- 0-..LiL- lIo;..! 6- L/ Ð/--.bLlJ
Capacity(ies) Claimed by Signer
Signer's Name: _,.,__"'-=---,-,-"'-~-'-,._'_.-.
o Individual
o Corporate Qfflcer -. Title(ß): -- -'---
[1 Partner - 0 Limited D General
.J Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is :presentin9; _-&T'/ ~L~~DJ.1ßL ¡ ¡.j
Top 01 thun\h hBr~
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C 11399 f'la-dIJMI NClat)1MGODi;,,\ior1. ~s60 Dr. So\Q A~A., P.o. Box 2.4((.'" Chll :! .W(¡rth, CA ~1313-2.4OZ· wYffll1l!1ll('ln¡¡loolllry,OIij
PfIXI.No.59Ç)7
Reoro¡;r; C;ZI~ T(>I~Fre" 1·sao-f!.76-6BZ7
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State of California )
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County of Alameda )
On Se.p!. Z <I . ,2003, before me, the undersigned, a Notary Public, ,
in and for said State and County, personally appeared Hc~ L."~n Un é
C-~a.~ S()""O L,n , personally known to me (or proved to me on t e basIs of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
ESS my hand and official seal.
~'t-:.'t.<".~~,-:r'¡~~':".'..'...
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Notary Public
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Exhibit A
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN,
COUNTY OF ALAMEDA, STATE OF CALIFORNIA DESCRIBED AS FOllOWS:
lOTS 1,2, AND 3, AS SAID lOTS ARE SHOWN ON THE MAP OF TRACT
7453, FILED FOR RECORD ON NOVEMBER 24,2003, IN BOOK 273 OF
MAPS AT PAGES 52 THROUGH 56, INCLUSIVE, ALAMEDA COUNTY
RECORDS.
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. Exhibit B
ADDITIONAL CONDITIONS
This Exhibit B contains Additional Conditions imposed pursuant to Section
5.3 of the Development Agreement ("Agreement"), by and between the City of
Dublin, a Municipal Corporation ("City") and Chang Su-Q-Lin and Hong Lien Lin
(collectively, the "Developer") dated as of August 15, 2003. Capitalized terms
used but not defined herein shall have the meanings ascribed to such terms in
the Agreement.
5.3.1 Subsequent Discretionary Approvals
None.
5.3.2 Mitiaation Conditions
A. Infrastructure Seauencinq Proqram. The infrastructure sequencing
program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. 03-31 of the City of Dublin Planning
Commission approving the Vesting Tentative Map for Tract 7453 and the City
Council Resolution No. 149-03 approving the Site Development Review
(hereafter "TM and SDR Resolutions"), and those described below shall be
completed by Developer to the satisfaction of the City Engineer at the times and
in the manner specified in the TM and SDR Resolutions unless otherwise
provided beiow. All such roadway improvements shall be constructed to the
. .
satisfaction and requirements of City's Engineer.
-Condition 24 Dublin Boulevard/Douahertv Road Intersection
Improvements:
Condition 24 of Planning Commission
Resolution No. 03-31 reads as follows:
Intersection of Dougherty Road & Dublin Blvd.
In the event that the City does not have sufficient
Category 2 Eastern Dublin Traffic Impact Fee (TIF)
funds available, Developer shall advance the City
monies for the costs of design, right-or-way
acquisition and construction of the City Capital
Improvement Project at the Dublin Boulevard /
Dougherty Road intersection. The amount of money
Development Agreement - Exhibit B
Fairway Ranch
Page 1 of 12
628317-14
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to be advanced wíll be determined by the City
Engineer based on the Project's fair share of the
deficiency. Such payment is to be made within 30
days of written notice from the City Engineer. City
shail provide a credit to the Deveioper for Category 2
TIF for any monies advanced pursuant to this
condition. The City's Administration Guidelines for
Eastern Dub/in Traffic impact Fees (Resolution No.
23-99) shail govern ail aspects ofthe credit.
DEVELOPER shall provide CITY with DEVELOPER's fair
share, as determined by CITY on the basis of the Project's trips, for
the costs of design and construction of Dublin Boulevard/Dougherty
Road Intersection Improvements by a payment to CITY in cash in
the amount of the Project's fair share of the defiçiency, if any,
between funds available to CITY for the costs of design and
construction of Dublin BoulevardlDougherty Road Intersection
Improvements and the cost of such project, as determined by the
Public Works Director. Such payment to be made within 30 days of
. written notice from the Public Works Director to be given following
bid opening,
Notwithstanding the provisions of Section 4 of this
Agreement, Condition 24 shall survive termination of this
Agreement.
(Ii) Sewer.
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(Iii) Water.
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
. .. .
Development Agreement - Exhibit B
Fairway Ranch
Page20f 12
628317-14
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(iv) Storm DraínaQe
The storm drainage systems off site, as well as on site drainage
systems to the areas to be occupied, shall be improved consistent with the
Dublin Ranch Master Drainage Plan and the tentative map conditions of approval
and to the satisfaction of the City Engineer
(v) Other Utilities fe.q. qas, electricity, cable televisions,
telephone)
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy.
B. Miscellaneous
(i) Completion of Public Improvements Mav Be Deferred.
Notwithstanding the foregoing, City's Engineer may, in his or her
sole discretion and upon receipt of documentation in a form satisfactory to the
City Engineer that assures completion, allow Developer to defer completion of
discrete portions of any public improvements for the Project if the Public Works
Director determines that to do so would not jeopardize the public health, safety or
welfare- .
5.3.3 PhasinQ; Timinç¡
This Agreement does not require the Developer to commence or complete
development of the Project within any period of time set by City. Subject to the
following requirements, Developer shall be permitted to develop the Property in
accordance with its own time schedule, consistent with the Project Approvals.
Notwithstanding anything to the contrary contained in this Agreement or in the
Project Approvals, it is expressly understood and agreed that: (A) the City shall
not issue any building permits for any buildings or structures within the
Condominium Component of the Project unless (i) certificates of occupancy have
been issued for all units comprising either the Multifamily Component or the
Senior Housing Component of the Project and the affordable units to be
constructed as part of the Multifamily component or the Senior Housing
Component of the Project have been constructed and made available for
occupancy by eligible households at affordable housing cost in accordance with
the requirements specified in the Regulatory Agreements or (ii) Developer and
City have entered into an enforceable agreement that restricts occupancy of units
within the Condominium Component to provide for 52 moderate income units;
and (8) if Developer constructs the Multi-Family Component or the Senior
Housing Component in phases, each such phase shall include affordable units
which are available for
Development Agreement - Exhibit B
Fairway Ranch
Page30f 12
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occupancy to eligible low, very low-, and moderate-income househoids in such
numbers as shown on Sheets A-3 to A-5, A-11, A-12, A-14, A-15, A,19 to A-23,
and A-24 to A-27 on Exhibit 1 of City Council Resolution No. 149-03 approving
Site Development Review.
The provisions of this Section 5.3.3 shall survive the expiration of the term
of this Agreement.
5.3.4 FinancinQ Plan
Developer shall install all improvements necessary for the Project at its
own cost (subject to credits for any improvements which qualify for credits as
provided in Section 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. Developer has entered into an "Area Wide Facilities
Agreement" with the Dublin San Ramon Services District to pay for the cost of
extending such services to the Project. Such services shall be provided as set
forth in Sections 5.3.2(A)(ii) and (iii) above.
Pursuant to the terms of that certain Loan Commitment letters executed
. by City with an effective date of July 1, 2003 ("Loan Commitment"), and
provided that Developer and the borrower under said Loan Commitment have
complied with all terms and conditions of the Loan Commitment, City shall
provide a loan to Developer to provide partial financing for construction of the
Project's affordable units.
5.3.5 Fees, Dedications
A. Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 225-99, including any future amendments to such'
fee. Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the impact fee in effect at time of building permit
issuance.
Developer further agrees that it will pay a minimum of three percent
(3%) of the "Section 1/Category 1" portion of the TiF in cash_
Developer also agrees that it will pay 12.4% of the "Section
2/Category 2" portion of the TIF in cash. If City amends its TIF fee and as a
result the City's outstanding balance due on loans is less than 12.4% of total
Section 2/Category 2 improvements, the Developer shall pay such reduced
percentage of the "Section 2/Category 2" portion of the TIF in cash.
Development Agreement - Exhibit B
Fairway Ranch
Pege40f 12
628317-14
Developer may use any credits it has for payment of the balance of the
TIF in accordance with City's Administrative Guidelines for Eastern Dublin Traffic
Impact Fees (Resolution No. 23-99 "TIF Guidelines").
8. Traffic Impact Fee to Reimburse Pleasanton for Freeway
InterchanQes.
Developer shall pay the Eastern Dublin 1-580 Interchange Fee
estabiished by City of Dublin Resolution No. 11-96 as amended by Resolution
No: 155-98 and by any subsequent resolution which revises such Fee.
Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the impact fee in effect at time of building permit
issuance.
C. Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of
Dublin Resolution No. 214-02, including any future amendments to such fee. .
Developer will pay such fees no later than the time of issuance of building
permits and in the then-èurrent amount of the fee. Developer may use the
credits for payment of the Community Park Land portion of the Public Facilities
Fee granted to the Lin Family by the Master Development Agreement in
accordance with City's Public Facilities Fee Guidelines (Resolution 195~99),
I
D. Noise MitiQatlon Fee.
Developer shall pay a Noise Mitigation Fee established by City of
Dublin Resolution No. 33-96, including any future amendments to such fee.
Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the fee in effect at time of building permit issuance.
E. School Impact Fees.
School impact fees shall be paid by Developer in accordance with
California Government Code Section 53080 and the agreement between
Developer and the Dublin Unified School District regarding payment of mitigation
fees.
F. Fire Impact Fees.
Developer shall pay a fire facilities fee estabiished by City of Dublin
Resolution No. 12-03 including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the fee in effect at time of building permit issuance.
Development Agreement - Exhibit B
Fairway Ranch
Page 5 of 12
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Developer may use any credits it has for payment of the fire facilities fee,
provided credits for improvements, land and equipment may only be used to
satisfy payment of the same components of the fire facilities fee.
G. Tri-Vallev Transportation Development Impact Fee.
Developer shall pay the Tri-Valley Transportation Development Fee
in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or
any subsequent resolution which revises such fee. Developer will pay such fees
no later than the time of issuance of building permits and in the amount of the
impact fee in effect at time of building permit issuance.
5.3.6 Credit
A. Traffic Impact Fee Improvements .. Credit
City shall provide a credit to Developer for those improvements
described in the resolution estabiishing the Eastern Dublin Traffic Impact Fee if
such improvements are constructed by the Developer in their ultimate location.
All aspects of the credit shall be covered by City's Administrative Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF Guidelines").
B. Traffic Impact Fee Right-ot-Wav Dedications -- Credit
City shall provide a credit to Developer for any TIF area right-of-
way to be dedicated by Developer to City which is required for improvements
which are described in the resolution establishing the Eastern Dublin Traffic
Impact Fee. All aspects of the credits shall be governed by the TIF Guidelines.
5.3.7 Miscellaneous
A. Affordable Units
In accordance with the City's Inclusionary Zoning Ordinance
(Dublin Municipal Code Chapter 8.68 attached as Exhibit C hereto), the City's
Density Bonus Qrdinance (Dublin Municipal Code Chapter 8.52) and the
Regulatory Agreements and Conditions, Covenants and Restrictions (or deed
restrictions) recorded concurrently herewith against the Property, Developer shall
ensure that 587 housing units constructed as part of the Project shall be
available for a period of not less than 55 years to households of very low, low-
and moderate-income at affordable housing cost, all as more particularly
described in Recital E of the Agreement and in the Loan Commitment.
Development Agreement - Exhibit B
. Fairway Ranch
Page 6 of 12
628317-14
d
Notwithstanding the definitions contained in the Inclusionary
Zoning Ordinance, as used in this agreement "low income" means not more than
6.0% of the median income, adjusted for actual household size
B. Credits for Certain Affordable Units
(i) Affordable Units Upon Completion.
Upon completion of the entire Project in accordance with the SDR and this
Agreement. Developer will have provided affordable units, as defined in City's
Inclusionary Zoning Regulations, in the following income categories:
Multifamilv Component
--90 moderate income units
--90 low income units
--63 very low income units
Senior Housinq Component
--131 moderate income units
-97 low income units
--64 very low income units
Condominium Component
--52 moderate income units
Upon completion the entire Project inaccordance with the SDR and this
Agreement (i) Developer will have satisfied the Inclusionary Zoning Regulations
for all three components by providing in the aggregate 46 moderate-income
units, 19 low-income units and 28 very low-income units, for a total of 93
affordable units (hereinafter "Project Affordable Units"); (ii) Developer will
receive credit (hereinafter "Affordable Unit Credits") pursuant to Section
8.68.060 of the Inclusionary Zoning Regulations for 332 affordable units; and (iii)
Developer will have provided an additional 162 affordable units (hereinafter
"Excess Affordable Units") in consideration for which the City has agreed to
provide certain incentives and waivers consisting of: (a) a finding that Developer
has fully complied with the City's Inclusionary Zoning Regulations for the Project
by providing 46 moderate-income units, 19 low-income units and 28 very low-
income units in the sizes shown on Sheets A-3 to A-6, A-11, A-12, A-14, A-15,
A-19 to A-23, andA-24 to A-27 on Exhibit 1 of Citv Council Resolution No. 149-
03 approving Site Development Review, (b) 332 Affordable Unit Credits which
can be used to comply with the Inclusionary Zoning Regulations on the
Affordable Unit Credit Property as described in Exhibit E as such regulations
currently exist or as hereinafter amended for a maximum of 2,655 units,
notwithstanding the mix of the affordable units, number of bedrooms or
concentrations of such units on such Property, (c) a loan, and (d) a commercial
linkage fee waiver (as described in Section 5.3.7.C.)
Development Agreement - Exhibit B
Fairway Ranch
Page 7 of 12
628317-14
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(ii) Phased Construction.
City and Developer recognize that it is likely that the three
components of the Project will be constructed at different times and that each
component includes several buildings for which individual building permits will be
issued. In particular, the Multifamiiy Component consists of five buildings, three
of which will be residential; the Senior Housing Component consists of five
residential buildings, and the Condominium Component consists of five buildings,
three of which are residential.
(iii) Required Affordable Units.
Upon issuance of certificates of occupancy for each buiiding within
the Project, the affordable units provided therein shall be allocated first to satisfy
the Developer's obligation to provide 93 Project Affordable Units. In particular,
upon issuance of a certificate of occupancy for buildings in the Multi-Family
Component, the first 18 moderate-income units, the first nine (9) low-income
units and the first 15 very low-income units will be counted toward the Project
Affordable Units. Upon issuance of certificates of occupancy for buildings in the
Senior Housing Component, the first 20 moderate-income units, the first ten (10)
low-income units and the first 14 very low-income will be counted as Project
Affordable Units. Finally, in the Condominium Component, the first seven (7)
moderate-income units will be counted as Required Affordable Units.
Developer's obligation to provide moderate-income units may be
satisfied by low-income or very low-income units and the obligation to provide
low-income units may be satisfied by very low-income units,provided such
substitutions shall not relieve Developer from its obligation to provide the total
required units.
(iv) Affordable Unit Credits.
Once Certificates of Occupancy have been issued for all of the
Project Affordable Units, whether in the Senior Housing Component or the Multi-
Family Component, thereafter each additionai affordable unit in any building for
. which a certificate of occupancy is issued shall entitle Developer to an Affordable
Unit Credit provided Developer shall be entitled to no more than 332 Affordable
Unit Credits. The Affordable Unit Credits shall be evidenced by an "Affordable
Unit Credit Certificate" in a form substantially similar to the form attached as
Exhibit D, which shall be executed by the City Manager within ten (10) working
days of the issuance of the certificate of occupancy, provided that Developer is in
compliance with all requirements of this Agreement, the RegulatoryAgreements
and the Loan Agreement. The purpose of the Affordable Unit Credit Certificate is
to allow the City and Developer to monitor the creation of such credits.
Development Agreement - Exhibit B
Fairway Ranch
Page 8 of 12
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(v) Use of Affordable Unit Credit
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Developer may apply the Affordable Unit Credits to satisfy the
requirements of the Inclusionary Zoning Regulations as now in effect or as
hereafter amended for any residential development consisting of up to a
maximum of 2,655 3,399 - 744 '" 2,655 x 12.5% '" 331.8 units on the Affordable
Unit Credit Property shown on Exhibit E.
(vi) Determination of Affordable Unit ObliQation on Affordable Unit
Credit Property
City shall determine the number of affordable units required for
each residential development proposed for development on the Affordable Unit
Credit Property at the eariiest to occur of the time of tentative map approval,
conditionai use pennit or site development review by reference to the
Inclusionary Zoning Regulations attached as Exhibit C to determine the number
of affordable units required for each such residential development, and provided
Developer has a sufficient number of Affordable Unit Credit Certificates for the
number of such required affordable units, City shall not require compliance with
the Inclusionary Zoning Regulations for such development. The payment of in-
lieu fees will not be allowed for any residential development project on the
Property or the Affordable Unit Credit Property.
If Developer has not earned Affordable Unit Credit Certificates in
sufficient number to provide the required number of affordable units required for
such residential development, provided that a building permit has been issued for
any building within the Project that wili include affordable units that will be
counted toward the Affordable Unit Credits, Developer may obtain an Affordable
Unit Credit Certificate by providing a bond or letter of credit in the amount of the
then-current in-lieu fee established by the Council pursuant to section 8.68.040.A
of the Inclusionary Zoning Regulations, which security shall be released by City.
upon issuance of a certificate of occupancy for the secured affordable unit.
If Developer has not earned or obtained Affordable Unit Credit
Certificates in sufficient number to provide the required number of affordable
units required for a proposèd residential development, Developer shall be
required to comply with the inclusionary zoning requirements then in effect prior
to Site Development Review approval, including the requirement of section
8.68.050.A of the Inclusionary Zoning Reguiations for an .affordable housing
agreement. Alternatively, Developer may withdraw its application for Site
Development Review approval until Developer has sufficient Affordable Unit
Credit Certificates to provide the required number of affordable units for the
residential development project. .
Development Agreement - Exhibit B
Fairway Ranch
Page 9 of 12
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(vii) Dublin Ranch Area F North
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Notwithstanding the foregoing, City agrees to determine the number of
affordable units required for any residential development project on the property
shown on Exhibit E, known as "Area F North," at the time of issuance of the first
building permit for any residential building in Area F North. City shall determine
whether Developer has provided the Required Affordable Units pursuant to
Section 5.3.7.8 (iii) above for Area F North at the time of issuance of building
permits for Project buildings, rather than Certificate of Occupancy, City shail not
issue a building permit for any building in Area F North until Developer has
Affordable Unit Credit Certificates equal in number to 12.5% of the number of
units proposed in Area F North, as calculated pursuant to the Inclusionary Zoning
Regulations.
(viii) Limitation Use of Credits
Any residential units proposed to be constructed on the Affordable Unit
Credit Property in excess of 2,655 units shall be subject to the City's Inclusionary
Zoning ordinance in effect at the time of application.
Unused Affordable Unit Credits will expire thirty (30) years after the date of
execution of the Affordable Unit Credit Certificate creating such credit.
In the event the State of California enacts legislation that requires a
greater percentage of affordable units on the Affordable Unit Credit Property and
City and Developer determine such legislation would be applicable to the
Affordable Unit Credit Property, City and Developer will meet in .good faith in an
effort to carry out this Agreement to the extent possible.
(ix) Development on Affordable Unit Credit Propertv
Nothing in this Agreement shall impose a limit on the development of
residential units on the Affordable Unit Credit Property, nor shall this Agreement
be construed as a guarantee that Developer can develop 2,655 residential units
on the Affordable Unit Credit Property.
C. Exemption from Commercial LinkaQe Fee
Provided that: (a) certificates of occupancy have been issued for
all residential units and all affordable units required to be constructed .as part of
the Project pursuant to the Agreement, and (b) Developer and its successors in
interest are in compliance with all requirements of this Agreement, the
Regulatory Agreements (and Conditions, Covenants and Restrictions or deed
restrictions) and the Loan Agreement, the property described in Exhibit F
attached hereto and incorporated herein by reference shall, during the period
commencing on the date that all of the foregoing conditions have been met, and
Development Agreement - Exhibit 8
Fairway Ranch
Page 10 of 12
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continuing until the thirtieth anniversary of the Effective Date of the Agreement,
be exempt from any commercial linkage fee or similar fee that the City may adopt
which requires payment of a housing fee in connection with the development of
such property for commercial use. Upon satisfaction of both of the foregoing
conditions, City agrees to record, and Developer consents to recordation of, a
document against the property described in Exhibit Facknowledging such
property shall be exempt from any such fee until the thirtieth anniversary of the
Effective Date.
In the event that Developer or Developer's successor in interest
seeks approval to develop the property described in Exhibit F prior to the date
upon which both of the foregoing conditions have been met, then Developer shall
be obligated to pay such commercial linkage or similar fees to City; however, City
shall refund such fees to Developer on the date that the foregoing conditions are
met, together with interest on such fees at the rate actually eamed by City during
the time the fees are held by City, less an administrative charge for processing
such refund in an amount equal to one percent of the refund amount. Provided,
however, that if a building permit has been issued for any building within the
Project that will inciude affordable units that will be counted as Affordable Unit
Credits, in lieu of paying such fees to City, Developer may provide the City with
an irrevocable letter of credit with a term of 12 months in the amount of the
commercial linkage fee applicable to such development, which the City shall
release upon issuance of a Certificate of Occupancy for the secured affordable
units if a Certificate of Occupancy is issued within eleven (11) months of the date
of the letter of credit. If a Certificate of Occupancy is not issued for such secured
affordable units within such time period, City shall draw on the letter of credit;
provided however, if Developer or its successors in interest-are in compliance
with all requir'ements of this Agreement, the Regulatory Agreements and the
Loan Agreement, City shall return such funds to Developer on the date of
issuance of such Certificates of Occupancy, less an administrative charge for
processing such refund in an amount equal to one percent of the refund amount.
D. Shuttle Service.
Except as provided below, Developer shall provide a shuttle serviceJor
residents of the Project for 10 years from the date of issuance of the first
Certificate of Occupancy for the Project. The shuttle service shall be in
accordance with the plan for service approved by the City's Community
Development Director and shall outline the type and number of shuttles which will
provide transportation for the residents of the Project; the shuttle schedule, route~
and hours and days of operation; and, other necessary details as determined by
the Community Deveiopment Department. Developer shall provide a shuttle
service for the Senior Housing Component for 30 years from the date of·issuance
of the first Certificate of Occupancy for the Senior Housing component.
Development Agreement - Exhibit B
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E. Survival.
The provisions of this Section 5.3.7 shall survive the expiration of the term
of the Agreement.
Development Agreement - Exhibit 6
Fairway Ranch
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. ¡iAPTER 8.68
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l.¥lTJ...l.,/
INCLUSIONARY ZONING REGULATIONS .
Cha,pter 8.68
INCLUSlONARY ZONING REGULATIONS
I
8.68,010. Purpose. The purpose oftbis chapter is to:
A. enhance the public welfare and assure that further housing development contributes to the attainment
of the Chy's housing goals by increasing the production of residential units affordable by househ01ds
ofvery-low-, low-, and moderate income.
B. assure that the limited remaining deveJopable land in the City's planning area is utilized in a manner
consistent with the City's hOllsing policies and needs.
8,68.020. Definitions. As used in this c1llipter, each of the following tenus shall be defIned as follows:
A. "Affordable Unit" means an ownership or rental-housing unit, including senior housing, affordable to
households with vcry-Iow-, low-, or moderate incomes as defIned in this chapter.
1. Rental units are deemed affordable units if the annual rent does not exceed 30% ofmaxhnum
income level for very-low-, low-, and moderate·incorne households, adjusted for hous.ehold
size and as defIned below.
2. Owner-occupied units are deemed affordable units if the sales price results in aunual housing
expenses that do not exceeçl. 35% of maxim urn income Jevel for very-Iow-, low-, and
moderate-income househoIds, adjusted for household size and as defIDed below.
3. "Applicant" means any person, finn,partncrship,association, joint venture, corporation, or any
entity or combination of entitics that seeks city real property development permits or approvals.
C. "Dwelling unit" means adwelling designed and intended for occupancy by one household.
D. "Very"low-, low-, and moderate-income levels': means those income and eligibility levels
determined periodically by the Califomia Department of Housing and Community Development
based on Alameda County median income levels adjusted for family size. Such levels shall be
calculated on the basis of gross annual household income considering household size and number of
dependents, income of all wage earners, elderly or disabled family members, and all other sources of
household ineome and will be recertified as set forth by local standards, and state and federal housing
law. .
1. "Very-low income". means 50% or less of the median income, adjusted for actual household
size.
2. "Low income" mcans more than 50% to 80% of the median income, adjusted for actual
household size.
3. "Moderate income" means more than 80% to 120% of the median income, adjusted for actual
household size.
I
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B. "Resale controls and/or rent restrictIons" means legal restrictions by wbich the affordable units shall
be restricted to ensure that the \lnÎtremalns affordable to very-low-, low-, or moderate-income
'''./.' "_,,'_". ,,':".: .,'.,.~. '.~"... ". . '. .__ '¡"._ .. ." .".' ,......', _, ft. '.
City of Dubllh Zoning Ordinance 68-1 September, 1997
Rev~ed~anuary20a3
- 5DiJQ l.t ,
INCLUSIONARY ZONING REGULATiONS
. .;,' . . Chapter a.6.!
households, as a¡ipiicable, for ¡¡period of not less than 55 years. Wiilirespect to réritaluruts;'siï¿h
rent restrictions shall be in the fo= of a regulatory agreement recorded against the applicable
property. With respect to owner-occupied units, such resale controls shall be in the fonn of resale
restrictions, deeds of trust, and/or other similar documents recorded against the applica.ble property·
~~."..,- -- ,. .--..
F. "Residential development" includes, without limitation, detached single-family dwellings, multiple-
dwelling structures, groups of dwellings, condominium or townhouse developments, condominimP
. conversions, cooperative developments, mixed use developments that include housing units, and
residential land subdivisions intend cd to be sold to the genera.l public.
8.68.030. General Requirements
A 12.5% Affordability Requirement. All new residential development projects of 20 units or more:
designed and inte:nded for peDnanent occupancy shall construct 12.5% of the total number of
dwelling units within the development as affordable units, except as otherwise provided by this
chapter. The foregoing requirement shall be applied no more than once to an appmved development
(and generally at the tentative map stage), regardless of the changes in the character or ownership of
the development, provided the total nurriber of units does not change. In applying and calculating tM
afford ability requiremcnt, any decimal fraction less than or equal to 0.50 may be disregarded, and ¡¡11y
decimal fi:action greater than 0.50 shaJJ be construed as one mllt. .
'R Allocation of Units to Income Levels. Affordable units provided pursuant to this section shall be
allocated to households with very-iow, low-, and moderate-income levels as foJ1ows:
Very-low-income households
30%
Low-income households
20%
Moderate-income households
50%
Where the calculation of the allocation results in fewer units that would otherwise be required
pursuant to subdivision A above, one additional unit should be allocated to the income level witb a
decimal fi:ac-iion closest to 0.50.
C. Conditions of Approval: Ally tentative map, conditional use permit, or site development review
approving residential development projects subject to this chapter shall contain conditions sufficieflt
to ensure cornpliance with the provisions of this chapter. Such conditions shall detail the number of
affordable units required, specify the schedule of construction of affordable units, set forth the:
applicant's manner of compliance with this chapter, and require the execution of an agreement
imposing appropriate resale controls and/or rental restrictions on the affordable units.
D. Concurrent Construction. All affordable units in a project or phase of a project shall be constru0tl:'¿
concurrently with market-rate unit.s, unless the City Manager determines in writing that extenuating
circumstances exist that make: concurre:nt construction infeasible or impractical,
E. Design and Distribution of Affordable Units. All affordable units shall reflect the range of
numbers of bedrooms provided in the project as a whole and shall not be distinguished by exterior.
design, construction, or materials. Affordable units may be of smaller size than the units in the project
City of Dubïiii Zoning Ordlnanee
68-2 .
-
.. Septeinbe'r, 1991
Revlsad.January 2003
n. IIIi
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INCLUSIONARY ZONING REGULATIONS
CI1!iPtef 8.68
All affordable units shall be
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and may have fewer amenities than the marl;;;õt t:i'te units in the project.
reasonably dispersed throughout theprojecl.
8.68.040. Exceptions to 12.5% Affordability Requirement. Developers of projects subject to 8.68.030A
shaH construct 12.5% of the total number of dwelling units withinthe development as affordable
units, unless subject to an exception set forth in this section. All exceptions require City Council
approval, which shall be obtained at or prior to the lást discretionary approval for the project.
A. Payment of Fees In-Lieu of Creation of Affordable Units. Upon request of the applicant, the City
Council shaH permit the applicant to pay a fee in lieu of constructing up to 40 percent of the
affordabk units that the developer would otherwise be required to construct 'pursuant to section
8.68.030.A. The amount of the fee shall be as set forth in a resolution of the City Council, which
may be an1ended from time to time to reflect inflation and changed conditions in the City and the
region. In-lieu fees shall be pal d at and the time and in the amount set forth in the in-lieu fee
resolution in effect at the time of issuance of the bailding permit.
B. Off-Site Projects. An applicant may construct the affordable units not physically within the
developrnent in lieu of constructing some or all of the affordable units within the development, with
the approval of the City Council, if the City Council finds: .
J . that construction of the mDts oiJ~site in lieu of constructing units on-site is cousistent with the
chapter's goal of creating, preserving, maintaining, and protecting housing for very low·, low-
and moderate-iilcomehouseholds.
2, that the units to bc constructed off site are consistent with section 8.68.030.E above
3, that it woaJd be infeasible or impractical to construct affordable uriits on~site.
4. that conditions of approval tor the project require that the off-site affordable units would be
governed by the terms of a deed restriction and, if applicable, rental restrictions similar 10 that
ased for the on-site affordable units.
5. that the conditions of approval for the project, or other security such as a cash deposit, bond,
or letter of credit, are adequate to require the constTUction of the off-site affordable units
concurrently with the completion oflhe construction of the residential development or within
a reasonable period (not to exceed 5 years).
C. Land Dedicathm. An applicant may dedicate land to the City or city-designated 10cal non-profit
housing developcr in lieu of COilstruction of some or all of the required affordable units, if the council
finds that:
1. that dedication ofland in-lieu of constructing units is consistent with the chapter's goal of
creating, pre8erving, maintaining, and protecting housing for very-low, low- and moderate-
income households.
2. that the dedicated land is large enough and appropriately zoned to accommodate the number
of units that the applicant would otherwise be required to construct by section 8.68,030.A, is
useable for its intended purpose, is free oftoxic substances and contaminated soils, and is
i
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City of DUblin Zoning Ordinance.
".",.",.".
68·3
S$ptember, 1997
Revlsed"January 2003
. 52&6&f
INCLUSIONARY ZONING REGULATIONS
Chapter ß.68
fully improved, withllfrastructure,adjacent utilities, gradÎ11g, ånd all devdópm.èili-impact
fees paid 'excluding any inclusionary zoning ordinance fees.
3, that the proposed land dedication is of sufficient size to ,meet the following requirements:
a. the dedication includes land sufficient to construct the number of units that the applicant
would otherwise be required to construct bySection 8.68.030.A, based on the size of lots
in the subdivision for which the applicant is meeting its obligation; and
b. in addition, the dedication includes such additional land the market value for which is
equal to or exceeds the difference between the value of a market-rate 1200-square toot unit
and the price at which such a unit could be sold as an Affordable Unit ($72,176) times the
number of units required.
D. Credit tra.nsfers. An applicant may fully or partially satisfy the requirements of section 8.68.030.A
through the use of transfer credits created pursuant to section 8.68.060. Credit certificates shall be
presented to the Community Development Director, who shall note at the time ofproject approval the
credit certificate by number. Credit certificates may only be used to satisfy the requirements for
Inclusionary Units for the income category (i.e., very lnw, low, or moderate) and number of
bedrooms for which they are issued.
E. Waiver of Requirements. The City Council, at its discretion, may waive, wholly or partially, the
requirements of this ordinance and approve alternate methods of compliance with this chapter if the
applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of
this chapter.
8.68.050. Gcneral Procedures for Implementing IlIdusionary Zoning Requiremcnts
A. Agreements. Prior to thtissuance of a building permit for an affordable unit, .resale restrictions Or
rental controls, or both, as the case may be, shall be set forth in an agreement between the City and
the developer, in a form consistent with the City Council-adopted form agreement, which agreement
shall be recorded against the property containing the affordable units. The agreement shall be
executed by the City Manager, and its requirements shall run with the land and bind the applicant's
successors.
B. Rental Units; Oeeupancy; Annual Report. Agreements involving rental. units shallrequire the
owner of the affordable units to ensure th.at the units are occupied. by tenants whose monthly income
levels do not exceed moderate income levels and shall preclude tenants from subletting or subleasing
the unit. The agreemcnt shall also require the owner of the affordable unit to submit an annual report
to the City Manager, in a format approved by the City. The report shall include, but not be limited to
the following info=ation: an idcntification ofthc affordable units within the project; the monthly
rents charged and proposed to be charged; vacancy info=ation for the prior year; and the monthly
income for tenants. of each affordable unit throughout the prior year. .
C. Ownership Units; Oecupancy; City's Right of First Refusal. Agreements for ownership units
shall specify' that the inc1usionary units must be occupied by the owner or o-wnerS and may not be
leased or rented without the written approval of the City. The resale restrictions shall provide that in
City of Dublin Zoning Ordinance
68-4
. Septembi!r, 1997
ReVffled=January2003
632Jb4 t
INCLUSIONARYZONING REGULATIONS
Chapter 8.68
. . the event of the sale of an affordable unit, the City shall have the right to purchase any affordable
owner-occupant unit at the maximum price that could be charged to an eligible household.
.D. Selection Criteria. No household shall be permitted to occupy a unit that is required under this
chapter to be affordable unless the City or its designee has approved the household's eligibility.
Eligible potential occupants of affordable units will be qualified on the basis of household income,
the median combined household income statistics for Alameda County published periodiCally by the
California Department of Housing and Community Developmel1t, all sources of household income
and assets, the relationship between household size and the size of available units, and any further
criteria required by law; The developer shall use all equitable selection method established in
confonnance with the terms of this chapter. The seleCtion criteria may not distinguish between adults
and children. Selection. of qualilied person should be based on pnorities established in the City's
Affordable Housing Program as noted below:
-'--
"~,..",-,,-.,.,,.
·
Employed within the boundaries ofth", City of Dublin (3 points, one per household)
Public Service employee working in the City of Dublin (1 additional point)
·
·
Dublin resident (3 points, on'" per household)
Seniors (1 point, one pcr household)
·
Perman~ntly disables (1 point, one per household)
To qualify ¡ill "Employed within the boundaries of the City of Dublin," the person shall have been
employed with the City of DubJin for at least six months.
..
To qualify as a "Dublin resident," the person shall have been a resident ofthe City of Dublin for at
least a one-year period prior to the eligibility determination.
8.68.060. Affordable Unit Credits.
A. Creation. Affordable unit credits may be created by the City Council. One affordable unit credit
certificate shall be issued for each affordable unit cons1ructed in excess ofthe number of affordable
units required to be constructed for the project by Section 8..68.030.A. The certificate shall designate
a specific income category (i.e., very-low-, low-, or moderate income) and number of bedrooms for
which they are issued.
B. Ownership and use of credits; Affordable unit credit certificates are issued to and becorne the
possession of the project owncr, wbo may then use them to satisfy the requirements ofthis chapter
for another project in the City. If a project owner proposes to sell credit certificates, the parties shall
first obtain the consent of the Community Dcvelopment Director, who will document the transfer by
certificate number.
8.68.070. Incentives to Encourage On-Site Construction of Affordable Units. The City may, but shall
not be required to, offer incentives or financial assistance to encourage the on-site construction of
affordable units in excess of 12.5% of the total number of units in the project to the extent
resources for this purpose are available and approved for such use by the City Councilor City
Manager. Such incentives may include, but shall not be lirnited to, the following:
68-5.
September, 1997
Revlsed.January 2003\
CIty Qf Dublin Zoning OrdInance
--
==-"··cc"-'··
54ðölÞ I
INCLUSIONARY ZONING REGULATIONS
ÇI1¡ipt~r !I.66
--
Fee Deferral.
I, Development Processing Fees. The City Manager may approve deferred payment of City
processing fees applicable to the review and processing Of the project. The terms and
payment schedule of the defened fees shall be subject to the approval of the City Manager,
2. Development Impact Fees. Thc City Council may authorize the deferred payment of
development impact fecs applicable to the affordable units. Approval of this incentive
requires demonstration by the Applicant that the deferral increases the project's feasibility.
The applicant must provide appropriate security to ensure future payment of such fees,
B. Design Modifications. The City Council may approve design modifications to affordable units that
increase the feasibility of the construction of affordable units, including but not limited to, the
following:
I. Reduced lot size.
2. Reduced setback requirements.
3. Reduced open space requirements.
4. Reduced landscaping requirements.
5. Reduced interior or exterior amenities.
6. Reduction in parking requirements.
7. Height restriction waivers.
8.68.080. Inclusionary Zoning In-Lieu Fee Fund. In-lieu Fees shall be deposited into a fund kn.own as the
"Inclusionary Zoning In-Üeu Fees Fund" ("Fund"),
A. Use. All monies in the Fund, together with any interest earnings on sucb monies 'less reasonable
administrative charges, shall be used or committed to use by the City for the purpose of providing
very-Iow-, low-, and moderate-income ownership or rental housing in the City of Dublin.
B. Annual report. The City Manager shall prepare an annual report to the City Council identifying the
balance of monies in the Fund and the affordable units provided and any monies committed to
providing very-Iow-, lowe, and moderate·income housing. The annual report shall alsG include a
review of administrative charges.
8.68.090. VioIatious. It shaH be unlawful for any person, finn, corporation, partnership or other entity that is
subject to this ordinance pursuant to section 8.68.030.A to violate any provision or to fail to
comply with any of the requirements of this chapter. A violation of any of the provisions or
failing to comply with any of the requirements o£1his Chapter shall constitute a misdemcanor;
except that notwithstanding any other provisions of this Code, any such violation constituting a
misdemeanor under this chapter, may in the discretion of the enforcing authority, he charged and
prosecuted as an inftaction. Any person convicted of an infraction under the provisions of this
Code shall be punishable as provided by the Government Code of the State of California,
.. September; 1997
Revlsedjanuary 2003
City of Dublin ¡oTllng Ordinance
68-6
."",-...-.-
T
.
5S" DQÝ(
INCLUSIONARY ZONING REGULATIONS
.... Chapter 8.68
,i.100. Enforeement.
General. The City Managcr shall enforce this chapter, and its provisions shall be binding on all
agcnts, successors, and assigns of an applicant. The City Manager illay suspend or revoke any
building pertnit or approval upon findiDg a violation of any provision of this chapter. No land-use
approval, building permit, or certificate of occupancy shall be issued for any residential development
unJess exempt fÌom or in compliance with this chapter. The City may institute any appropriate legal'
actions or proceedings necessary to ensure compliance herewith, inc1llditi.g, but not limited to, actions
to revoke, deny, or suspend any permit or development approval.
B. .Excessive rents/legal action. If the City Manager determines that rents in excess of those allowed
by operation of this chapter have been charged to a tenant residing in at1 affordable unit, the City may
talœ appropriate legal action to recover, and the project owner shall be obligated to pay to the tenant,
or to the City in the event the tepant cannot be located, any excess rents charged.
8.68.110.
Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in
Chapter 8.136.
City Of Dublin Zoning Ordinanr;e
. '.
88-7
September, 1997
Revised.January 2003
Credit No.
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. CITY OF DQJ?l,IN .
AFFORDABLE U1\'IT CRED¡TCER TIFICA TE
This Certificate is !!,wardedby the City ofÞµÞJi,)l ("City") to th,e LjpFamily (Chang qu-
O-Lin, Hong Lien Lin and Hong Yao Lin) ("J)eveloper?')pu¡sµ¡mt to the Fiirway R.aD,ch.
Development Agreement dated . betw~en the City and the Developer.
By v)rtu,e ofb-avigg cQ¡1StruÇ!P~AfflDrdi\ble.hoqß¡Pgj.J:) tl¡e Fairway RatI,ph Project,
Developer is "'ntitl~d to anafford~b1e upjtcred)t.inthe,amount of units.
TIris cel1ificate is effective as of
occupartq' was, issued for
certificate will terminate on
. effective date.
, the date the certificate of
..(address andl¡¡¡Úlciing riurnbe¡). The credit
, which is thirty (30) years after its
DevelQper may URe these credits to satisfY the requirements of the Indusionary Zoning
Regulations for any residential development consisting of up to a maximwn of2,655
units in the Affordable Unit Credit Property (Exhibit E of the Fairway Ranch
Developmem Agreement), provided that Developer is in compliance with al1
requirements of the Fairway Ranch Development Agreeme¡¡t, the Regulatory Agreements
and the Loan Agreemtmt referenced in such development agreement.
All other aspects of the credit which are not specified in this Credi! CertiÌ1cate shal1 be as
provided in the Fairway Ranch Development Agreement and Inclusionary Zoning
Regulations which are attached to such agreemcnt as Exhibit C,
. CITY OF DlJI\Lm
Date
City Manager
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DESCRIPTION
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DUBLIN, CALIFORNIA
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S Of HONG UEN UN, !:TAL, AS DE.SCRlBED IN DEED RECORDED nECEMBE~ 15, 1999,tN
MEl'<1" Sf.Rl£S NO. 99-4451J1 , ALAMEDA COUNTY RECORDS.
'\)$5-000 ¡ -002
~~LO¡;¿~IANG s,U.O-LIN,AS DESCRIBED IN DEE!) ' ŒCORDEt>JÄNUARY6, 19S2; IN DOCU¡"ŒNT
Rll:;S ND. 82-001756, ALA_MEDA COUNTY RECORDS.
t'l986-00Q4-OO5-o 1
RÇELTIIRBE '. '. .... ..' . .... ..... .
>SlGNAŒD REMAINlJEItAREA NO.. 1" AS s.H.mm ON THÈMAP OF TRACT 7l3S, tlCORDEP ON
GUST 10, 2001, lNBOOK259 OF MAPS AT PAGES STTHROÜOH 63,AL'..MEDACOUNTYIillCORDS.
N 985-29-10
RCEL FOliß
\.ReEL, 1" AS SHOWN ON THEMAJ' OF TRACT 7148, RECORDED ON FEBRUARY 14, 20Gl. .N BOOK
OF MAPS AT PAGES 3 TI:!ROUGH 7, ALAMEDA COUNTY Rfr:0RDS.
N 9S5.09~06 AND 07
RCEL FIVE . .
\.JI,.CEL 9" AS SHOWN ONTIŒ MAl' OF TRACT 1148, REcORDED ON F'bJjP.UARV 14, 200t, IN!I(ÎflK
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)T 4» AS SHOWN ON'fHE MAP OF TR.-\CT 7453, IŒCORDEDON NOv13MBER 24,2003, IN BOOK 273
MAPS AT PAGES. 52 THRùUGH 56, ALAMEDA COUNTY RECORDS.
1<1'101'101' APN 9&5-27.01
M;ELS:ËVEN .. .' . . ....
NDS OF CJ1ANGffiJ-Q-UN, ETAL, DESTGNATE)) AS '';RESULTANT REMAJNDERNO. 4~OF LOT LlNE
>NSTMENT NO. 1..-99-19, AS RECORDED ON APRIL 10, 2000 IN OOCUMTi:NT SERlES NO. 20001 %147,
Iu\ŒDA COUNTY RECORDS.
N 985.27-08 AND 985-30-01
lì.CELE,lGHT. ' . ,.......... ...i'·" .
'\RCEL 3" AS SHOWN 01'll1lE .MAP OF TJ!.Acr 7l48,JŒCOro:>EDON FbBRUARY 14, 2001 ¡ IN nOOK
IOF MAPS ATPAGES 3THROv'QH 7, ALAMEDA COtJNTtREé01I.DS. .
N 985-[)9-09 .
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AFFORDABLE UNIT CREDIT PROPERTY:,:';;;':~,·t ;\:0',::".'/;" ';à:......
DUBLIN RANCH ." ./... QW;"~Gi~ ~NG.1JftÐ SJIIV£\'INC
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~ a _ ~ ~ ~ t~ ~ ~: r ~ ~; ~. ~ ~` •' 3 ~
Exhibit F: - _. _ .. .= - - - ~•~8~ - -- _-_ --~. ~ <~,
-- ----==----=~~- -=--~; s .
Prope.rty Exempt From Dublin Comrn:ereia`I/Linkage Fee r~~~~~°~~~°~h^~~~°~,~;~~~
Cummunit~~ Site
Dublin Ranch ~
~nr~s~s ...,.
W'õ ~, II
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16034-2
3/1/05
B.C.
Sheet 1 of 2
D.ESCRIPTION
LANDS OF LIN, ETAL
SUBJECT TO THE MASTER DEVELOPMENT AGREEMENT
WITH TI:lE CITY OF DUBLIN
ALL TIJAT CERTAIN REAL PROPERTY SITUATED IN THE COU1',nY OF ALAMfDA, STATE OF CALIFORNIA, MORE
PARTICULARL V DESCRIBED AS FOLLOWS,
PARCEL 'A' (FORMER REDGWICK PROPERTY)
REAL PROPERlY IN THE U~INCORPORATED ARI::A, COUNlY Of ALAMEDA, STATE OF CALIFORNIA, BEING THE
NORTHWEST V. Of SECTION 27, IN TOWNSIlll' 2 SOUTH, RANGE J EAST, MOUNT DIABLO BASI:. AND MERIDIAN.
APN 985-01-02
PARCEL 'B' (FORMER WALLIS PROPERTY)
REAL PROPERTY IN rnr UNINCORPORATED AREA, CGlJNlY OF ALAMBDA, STATE OF CAUFORNIA, BEING THE
LANDS OF CHANG SU-O UN AS DESCRIBED IN DOCl.lMENT SERIES NO. 82-001756, RECORDED JANUARY 6, 1982
AND AS SHOWN ON SHEET 4 OF REC()RD Of SURVEY NO 1005, BLED FEBRUARY I, 1993 IN BOOK 16 OF RECORD
Of SURVEYS AT PAGES 37 THROUGH 51, M,L IN THE RECORDS Of ALAMEDA COUNTY.
APN 986-04-5-1
PARCEL 'C' (EAST AND SOUTH OF FAIRWAY RA!'!CH)
REAL PROPERTY IN THE CITY OF DUBLIN. COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BrING LOT 4, AS
SA!)) LOT IS SHOWN ON THE MAP OF TRACT 7453, FILED NOVEMBER 24, 2003, IN nOOK 273 OF MAPS, AT PAGES
52 THROUGH 56. ALAMEDA COUNTY RECORDS.
APN 985-27-09
PARCEL 'D' (TOWN CENTER AND AREA ')1')
REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY Of ALAMEDA, STATE OF CALIFORNIA, BEINe; PARCEL 3
AND PARCEL 9 AS SAID PARCELS ARE SHO'NN ON TI,E MAP OF TRACT 7148, FILED FEBRUARY 14.2001, IN ROOK
257 or MAPS, AT PAGES 3 TIiROUGH 7, ALAMEDA COUNTY RECORDS.
APN 985-09-92
APN 985-09-15
PARCEL 'E' (AREA 'F')
REAL PROPERlY IN THE CITY OF DUBLIN, COUNlY OF AlAMEDA, STATE OF CAI.lFORNJA, BEINCi PARCELS 5. 6,
7, \0, 18 AND 19, "S SAID PARCELS ARE SUO'NN ON THE MAP OF TRACT 7281. FILED SEPTEMBER 3. 2004, 1N
BOOK 277 OF MAPS AT PAGES 82 THROUGH 88, ALAMEDA COUNTY RECŒillS.
PTN AI'N 985-09-06. 07-03
PTN 985"27-08-6
END OF DESCRJJ'TlON
PREPARED BY,
ROBERT CRAN
LICENSED LAND SURVEYOR NO. 54)2
(EXP. 9(30/06)
STATE OF CALIFORNIA
DATE
mACKAY Ie: slm's
CML ENGINI=EF1¡NG.LAND PLANNNG.ll\NO SUœJF,YING
="142 Fral'\ldln Drtve 5uIt>1: B, PleaocðYfOl1. CA. 94561;1-3355
Q2!:;) 2~o-ûo90
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EXHIBIT "2"
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DATE 3-1-05 Joe NO, 16034- 2
DRAWN Sy, LH DwG" EXISIT A
EXHIBIT "2" - SIlEET 2 OF 2
LANDS or UN, ETAL SUBJECT TO
DEVELOPMENT AGREEMENT
3-o ~2005 Q!I;2ð:21 Illata f'¡\!SO;W~~\SUMY\728I-piQt¡:\Ezllibit 'A'.1M9
PAGE 2 of 2