HomeMy WebLinkAboutItem 6.3 Dublin Ranch Phase I AGMT
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CITY CLERK
File # D[6][Q]?51-~5J
. AGENDA STATEMENT
CITY COUNCIL MEETING DATE: (April 20, 1999)
SUBJECT: PUBLIC HEARING P A 98-045 Dublin Ranch Phase I Deyelopment
Agreement
(Report Prepared by: Eddie Peabody, Jr., Community Development Director)
ATTACHMENTS: 1. Development Agreement for MSSH Dublin Development, LLC;
Centex Homes; MSSH Mayfield LLC; and Standard Pacific
Corp.
2. Ordinance Approving Development Agreement between the City
of Dublin and the developers (MSSH Dublin Development,
LLC; Centex Homes; MSSH Mayfield LLC; and Standard
Pacific Corp.)
RECOMMENDATION: 1.
~2.
3.
4.
5.
Open public hearing and hear staff presentation
Receive staff presentation and take public testimony.
Question staff, applicant, and the public.
Close public hearing and deliberate.
Waive reading and adopt Ordinance (attachment 2) approving
the Development Agreement
.
FINANCIAL STATEMENT: None
DESCRIPTION:
This project is located generally along the east side of Tassajara Road, north of the future extension of
Gleason Drive, within the Eastern Dublin Specific Plan area. The Specific Plan was adopted by the City
of Dublin in November 1993, and established land use designations for approximately 3,300 acres ofland
east of the Camp Parks military reserve. The project site was given several land use designations, which
encompass single family, medium density and open space land uses. This project consists of a maximum
of 847 residential units in nine neighborhoods. MSSH, Centex Homes, MSSH Mayfield and Standard
Pacific will be constructing different neighborhoods (see Recital G, p. 2 of the development agreement).
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COPIES TO:
MSSH Dublin Development, LLC
Centex Homes
Standard Pacific
In House Distribution
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ANAL YSIS:
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Procedural Background: .
One of the implementing actions of the Eastern Dublin Specific Plan calls for the City to enter into
Development Agreements with developers in the plan area. The Development Agreement provides
security to the developer that the City will not change its zoning and other laws applicable to the project
for a specified period oftime. Additionally, it is a mechanism for the City to obtain commitments from
the developer to assure that all Specific Plan policies and goals are met including the goal that new
development fund the costs of infrastructure and services.
Development Agreement:
Attached to this Staff Report is a Development Agreement (Attachment 1) between the City of Dublin,
and the developers. This Development Agreement is based on the standard Development Agreement
developed by the City Attorney and adopted by the City Council for Eastern Dublin Projects. In general,
the Agreement reflects what has been determined to be the infrastructure needs for the specific project.
These needs are determined based on submittal of engineering studies and plans.
The Agreement: The City Attorney drafted the proposed Development Agreement with input from City
staff, MSSH Dublin Development, and their attorneys. MSSH Dublin Development, LLC ("MSSH'") will
be the master developer but the agreement is also v.~th the other developers who will construct some of
the neighborhoods because they own the property. The Development Agreement sets forth the
agreements between the parties in relation to many items, including, but not limited to, infrastructure
construction and phasing, and the payment of various required impact fees.
BACKGROUND:
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Plannim! Commission Action:
On March 23, 1999, the Planning Commission reviewed the staffreport for the proposed project and made
a recommendation that the City Council adopt an Ordinance accepting a Development Agreement with
MSSH Dublin Development, LLC; Centex Homes; MSSH Mayfield LLC; and Standard Pacific Corp.
Citv Council Action:
At the Public Hearing of April 6, 1999, the City Council heard a presentation from staff and the applicant
took public testimony and waived the first reading of the ordinance adopting a Development Agreement
with MSSH Dublin Development, LLC; Centex Homes; MSSH Mayfield LLC; and Standard Pacific
Corp. All terms of the Development Agreement including vesting rights of the developer, off site street
improvements, neighborhood park dedications, various credits and improvement agreements and the eight
year term of the agreement were discussed and approved by the City Council in the 1 st reading of the
ordinance.
RECOMMENDATION:
Staff recommends that the City Council open the Public Hearing, take testimony from staff and the public,
deliberate, waive the 2nd reading and adopt the ordinance approving the Development Agreement for
MSSH Dublin Development, LLC; Centex Homes; MSSH Mayfield LLC; and Standard Pacific Corp for .
PA 98-045.
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City of Dublin
VVhen Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin. CA 94568
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Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BEnvEEN THE
CITY OF DUBLIN
AND
MSSH DUBLIN DEVELOPMENT. LLC
AND
CENTEX HOMES
AND
STANDARD PACIFIC CORP.
AND
MSSH MAYFIELD LLC
FOR THE DUBLIN RANCH - PHASE I PROJECT
ATTACHMFNT \
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TABLE OF CONTENTS
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I. Description of Property. ........................................ 3
2. Interest of Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3. Relationship of City and Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4. Effective Date and Term. ........................................ 4
4.1 Effective Date. ........................................... 4
4.2 Term... . . ... . . . . . . . . . . . . . .. . . . . . . .. . . . . . . .. . . . . . . . . . . . .4
5. Use of the Property. ........ . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5.1 Right to Develop ......................................... 4
5.2 Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5.3. Use of the L-6 Neighborhood. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5.4 Additional Conditions ..................................... 5
6.
Applicabl~ Rules. Regulations and Official Policies .................... 6
6.1 Rules re Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6.2 Rules re Design and Construction ............................ 6
6.3 Uniform Codes Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
.
7. Subsequently Enacted Rules and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . 7
7.1 New Rules and Regulations ................................. 7
7.2 Approval of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7.3 Moratorium Not Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8. Subsequently Enacted or Revised Fees. Ac;sessments and Taxes. . . . . . . . . . . 8
8.1 Fees. Exactions. Dedications ................................ 8
8.2 Revised Application Fees ................................... 8
8.3 New Taxes .............................................. 8
8.4 Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9. Amendment or Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9.1 Modification Because of Conflict with State or Federal Laws ....... 9
9.2 Amendment by Mutual Consent ............................. 9
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9.3 Insubstantial Amendments . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . 9
9.4 Amendment of Project Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9.5 Cancellation by Mutual Consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10. Term and Issuance of Project Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10.1 Rules. RePJIlations and Policies Applicable to Project Approvals. . . . . 10
10.2 Term of Project Approvals. ................................. 10
II. Annual Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11.1 Review Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11.2 Initiation of Review ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11.3 Staff Reports ........................................... II
11.4 ~ ................................................. II
12. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
12.1 Other Remedies Available ................................. II
12.2 Notice of Default and Request to Cure ....................... II
12.3 Procedures for Termination ............................ . . . . II
12.4 No Damages A~ainst CITY ................................ 12
. 13. Estoppel Certificate ........................................... 12
14. Mortgagee Protection: Certain Rights of Cure ....................... 13
14.1 Mortgagee Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14.2 Mortgagee Not Obligated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14.3 Notice of Default to Mortgagee and EA'tension of Right to Cure .... 13
IS. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16. Attorneys' Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17. Transfers and Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17.1 Right to Assign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17.2 Approval and Notice of Sale. Transfer or A<;siVlment ............ 14
17.3 Effect of Sale. Transfer or A<;signment ................... . . . . . 15
17.4 Permitted Transfer. Purchase or Ac;signment ................... IS
17.5 Termination of Agreement Upon Sale of Individual Lots to Public. . IS
18. Agreement Runs with the Land .................................. 16
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Table of Contents ~ Page ii of iii
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19. Bankruptcy. . . . . ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 .
21.
22.
23.
24.
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26.
20.
Indemnification .............................................. 16
Insurance ................................................... 17
21.1 Public Liability and Property Damage Insurance .. . . . . . . . . . . . . . . 17
21.2 \\1' orkers Compensation Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21.3 E,.;dence of Insurance .................................... I 7
Sewer and Water ............................................. 17
Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
A~eement is Entire Understanding .......:........................ 19
Exh.ibits .................................................... 19
Counterparts ................................................ 19 '
27. Recordation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Dublin/MSSH Development Agreement
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THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this 20th day of April, 1999, by and between the CITY OF DUBLIN, a
Municipal Corporation (hereafter "City"), MSSH Dublin Development LLC, a
California limited liability company "(MSSH"), Centex Homes, a Nevada general
partnership ("CENTEX"), MSSH Mayfield LLC, a Delaware limited liability company
("!vfAYFIELD), and Standard Pacific Corp., a Delaware corporation ("STANDARD
PACIFIC") pursuant to the authority of SS 65864 et seq. of the California
Government Code and Dublin Municipal Code, Chapter 8.56. MSSH, CENTEX,
!vfAYFIELD and STANDARD PACIFIC are each referred to individually as
"DEVELOPER" and collectively as "DEVELOPERS").
RECITALS
A. California Government Code SS 65864 et seq. and Chapter 8.56 of
the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter
into an Agreement for the development of real property with any person having a
legal or equitable interest in such property in order to establish certain development
rights in such property; and
B. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53~93 which Plan is applicable to the Property; and
C. The Eastern Dublin Specific Plan requires DEVELOPERS to enter
into a development agreement; and
D. MSSH, CENTEX, !vfAYFIELD and STANDARD PACIFIC desire to
develop and hold legal interest in certain real property located in the City of Dublin,
County of Alameda, State of California, which is more particularly described in
Exhibits A-I (MSSH)' A-2 (CENTEX). A~3 (!vfAYFIELD. and A-4 (STANDARD
PACIFIC), respectively, attached hereto and incorporated herein by this reference,
and which real property is hereafter collectively called the "Properties"; and
E. MSSH, CENTEX, MAYFIELD and STANDARD PACIFIC have
proposed the development of the Properties with a maximum of 847 homes in nine
neighborhoods, induding a 5-acre neighborhood park, a 1 O~acre elementary school, a
stream corridor, and several pocket parks and community open space, all as depicted
generally on Exhibit A-5 (the "Project"); and
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F. CITY has approved various land use approvals in connection with
the development of the Project, including a PD District rezoning (Ordinance No. 2- .
96), general provisions for the PD District rezoning including the Land Use and
Development Plan (Res. No. 12-96); and a Master Vesting Tentative Map for Tract
6925 (Planning Commission Resolution No. 98-01) (collectively, together with any
approvals or permits now or hereafter issued (including those referred to in Recital G,
H and I] with respect to the Project, the "Project Approvals"); and
G. MSSH, CENTEX, MAYFIELD and ST.ANDARD PACIFIC have
received approval to develop eight neighborhoods, which are shown on the Master
Vesting Tentative Map for Tract 6925, as follows:
Max. Number of Tentative Map Site Development
Neighborhood OwnerlDeveloper Units (Planning Review JPlanning
Comm. Reso.) Comm. Reso.)
M~1 STANDARD 111 multi~family 98~57 98-57
PACIFIC units
M-2 STANDARD 45 multi~family 98-58 98-58
PACIFIC units
M-3 STANDARD 123 mu1ti~family 98-59 98-59
PACIFIC units
L.l MSSH 91 single-family 98~52 none
units
L-2 MAYFIELD 69 single~family 98-53 98~53
units
L.3 MAYFIELD 86 single-family 98~54 98-54
units
L~4 MSSH 92 single~fami1y 98.55 none -
units
L~5 CENTEX 113 single~family 98~56 98~56
units
H. Development of the L~ 1 and L-4 neighborhoods by MSSH is subject
to the issuance of site development review approvals which, if granted, shall
automatically become part of the Project Approvals as each such approval becomes
effective; and
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I. Development of the L-6 neighborhood by MSSH is subject to the
issuance of tentative map and site development reView approvals which, if granted,
shall automatically become part of the Project Approvals as each such approval
becomes effective; and
J. CITI desires the timely, efficient, orderly and proper development
of said Project; and
K. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and the Eastern Dublin
Specific Plan and has been reviewed and evaluated in accordance with Chapter 8.56;
and
L. CITI and DEVELOPERS have reached agreement and desire to
eA-press herein a Development Agreement that will facilitate development of the
Project subject to conditions set forth herein; and
M. Pursuant to the California Environmental Quality Act (CEQA) the
City has found, pursuant to CEQA Guidelines section 15182, that the Project is
within the scope of the Final Environmental Impact Report for the Eastern Dublin
General Plan Amendment and Specific Plan which was certified by the Council by
Resolution No. 51.93 and the Addenda dated May 4, 1993 and August 22, 1994
(the "EIR") and found that the EIR was adequate for this Agreement; and
N. On ,1999, the City Council of the City of Dublin adopted
Ordinance No. _ approving this Development Agreement. The ordinance took
effect on , 1999.
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein contained,
CITY and DEVELOPERS agree as follows:
AGREEMENT
1. Description of Property.
The property which is the subject of this Development Agreement is
described in Exhibit A-I. A-2. A-3 and A-4 attached hereto (collectively, the
"Properties").
Dublin/MSSH Development Agreement
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2. Interest of Developer.
MSSH, CENTEX, MAYFIELD and STANDARD PACIFIC each has .
a legal or equitable interest in one of the Propenies in that each owns such propeny
as described in Exhibits A~l, A-2, A-3 and A-4 respectively 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 DEVELOPERS and that the
DEVELOPERS are not agents of CITY or each other. The CITY and DEVELOPERS
hereby renounce the existence of any form of joint venture or partnership between
them, and agree that nothing contained herein or in any docwnent executed in
connection herewith shall be construed as making the CITY and DEVELOPERS
(collectively or individually) joint venturers or partners.
4. Effective Date and Teml.
4.1 Effective Date. The effective date of this Agreement shall
be the date upon which this Agreement is signed by City.
4.2 Term. The term of this Development Agreement shall .
commence on the effective date and extend eight (8) years thereafter, unless said
term is otherwise tenninated or modified by circumstances set forth in this
Agreement.
5. Use of the Property.
5.1 Right to Develop. MSSH, CENTEX, :MAYFIELD and
STANDARD PACIFIC shall have the vested right to develop such portions of the
Project as will be located on their respective properties, as described in Exhibits A~ 1,
A-2, A-3 and A-4 respectively~ in accordance with the terms and conditions of this
Agreement, the Project Approvals (as and when issued), and any amendments to any
of them as shall, from time to time, be approved pursuant to this Agreement.
5.2 Permitted Uses. The permitted uses of the Properties, the
density and intensity of use, the maximum height, bulk and size of proposed
buildings, provisions for reservation or dedication of land for public purposes and
location and maintenance of on-site and off-site improvements, location of public
Dublin/MSSH Development Agreement
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utilities (operated by CITY) and other terms and conditions of development
applicable to the Properties, shall be those set forth in this Agreement, the Project
Approvals and any amendments to this Agreement or the Project Approvals.
5.3. Use of the L-6 Neighborhood. MSSH shall have the
vested right to develop the L-6 Neighborhood in accordance with the land use
designations shown on the General Plan Land Use Map (Figure 2B) and the Eastern
Dublin Specific Plan (Figure 4.1) and the Vesting Tentative Map for Tract 6925,
provided that all required approvals are obtained (induding tentative map and site
development review) and provided further that approval of any units per acre over
the minimum units per acre shown in the General Plan and Specific Plan are not
guaranteed by this agreement but, rather, are dependent on findings of consistency
,vith all other policies of the General Plan and Specific Plan and envirorunental review
5.4 Additional Conditions. Provisions for the follml\ring
("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated
herein by reference.
5.4.1 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.)
See Exhibit B
5.4.2 Mitigation 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
5.4.3 Phasing. Timing. 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
5.4.4 Financing Plan. Financial plans which identify
necessary capital improvements ,such as streets and utilities and
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sources of funding.
See Exhibit B
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5.4.5 Fees. Dedications. Terms relating to payment of
fees or dedication of property.
See Exhibit B
5.4.6 Reimbursement. Ternls relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.4.7 Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules. Regulations and Official Policies.
6.1 Rules re Permitted Uses. For the term of this Agreement,
the City's ordinances, resolutions, rules, regulations and official policies governing the
permitted uses of the Properties, governing density and intensity of use of the
Properties and the maximum height, bulk and size of proposed buildings shall be
those in force and effect on the effective date of this Agreement. .
6.2 Rules re Design and Construction. Unless otherwise
o.-pressly provided in Paragraph 5 of this Agreement, the ordinances, resolutions,
rules, regulations and official policies governing design, improvement and
construction standards and specifications applicable to the Project shall be those in
force and effect at the time of the applicable discretionary Project Approval. If a
Project Approval consists of a vesting tentative map, the time of such Project
Approval will be the date the application for the vesting tentative map was deemed
complete.
Ordinances, resolutions, rules, regulations and official policies governing
design, improvement and construction standards and specifications applicable to
public improvements to be constructed by MSSH or the other DEVELOPERS shall
be those in force and effect at the time of the applicable permit approval for the
public improvement.
6.3 Uniform Codes Applicable. Unless expressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance 'with
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the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire
Codes and Title 24 of the California Code of Regulations, relating to Building
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project.
7. Subsequently Enacted Rules and Regylations.
7.1 New Rules and ReV1lations. During the term of this
Agreement, the CI1Y may apply new or modified ordinances, resolutions, rules,
regulations and official policies of the CITY to the Properties which were not in force
and effect on the effective date of this Agreement and which are not in conflict with
those applicable to the Properties as set forth in this Agreement if: (a) the
application of such new or modified ordinances, resolutions, rules, regulations or
official policies woul.d not prevent, impose a substantial financial burden on, or
materially delay development of the Properties as contemplated by this Agreement
and the Project Approvals and (b) if such ordinances, resolutions, rules, regulations or
official policies also apply to all other large scale residential development in Dublin.
7.2 Approval of Application. Nothing in this Agreement shall
prevent the CITY from denying or conditionally approving any subsequent land use
permit or authorization for the Project on the basis of new or modified ordinances,
resolutions, rules, regulations and policies provided that: (a) the application of such
new or modified ordinances, resolutions, rules, regulations or policies is consistent
with the limitations identified in Paragraph 7.1 above; (b) such subsequent actions
shall be otherwise in compliance with the conditions, terms, restrictions, and
requirements eAl'ressly set forth in this Agreement; and (c) the application of such
new or modified ordinances, resolutions, rules, regulations or policies is prospective
only.
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 CI1Y, by initiative, referendum, or otherwise, that
imposes a building moratorium which affects the Project on all or any part of the
Property, CITY agrees that such ordinance, resolution or other measure shall not
apply to the Project, the Properties, this Agreement or the Project Approvals unless
the building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in Government Code S 8558.
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8. Subsequently Enacted or Revised Fees. Assessments and Taxes.
8.1, Fees. Exactions. Dedications. CITY and DEVELOPERS
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, in connection "rith any subsequent
discretionary approval for the Properties, except as set forth in the Project Approvals
and this Agreement (including Exhibit B).
The parties acknowledge and agree that CITY shall not impose any
fees which are not in effect on the Effective Date. .
Any fee increases are subject to the provisions of Government Code
s66000 et seq.
8.2 Revised Application Fees. Any existing application,
processing and inspection fees that are revised during the term 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 Agreement. By so
agreeing, DEVELOPER does not waive its rights to challenge the legality of any such
application, processing and/or inspection fees.
8.3 New Taxes. Any subsequently enacted city-wide taxes
(other than development excise taxes) shall apply to the Project provided that: (I)
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. By so
agreeing. DEVELOPERS do not waive their rights to challenge the legality of any
such taxes.
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. By so agreeing, DEVELOPERS do not waive their rights
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to challenge the legality of any such assessments or to protest in any manner the
imposition thereof.
9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal
La'\\'s. In the event that state or federal laws or regulations enacted after the effective
date of this Agreement prevent or preclude compliance with one or more provisions of
this Agreement or require changes in plans, maps or permits approved by the City,
the parties shall meet and confer in good faith in a reasonable attempt to modify this
Agreement to comply with such federal or state law or regulation. Any such
amendment or suspension of the Agreement shall be approved by the City Council in
accordance 'with Chapter 8.56.
9.2 Amendment by Mutual Consent. This Agreement may be
amended in writing from time to time only by mutual consent of the parties hereto
and in accordance with the procedures of State law and Chapter 8.56. An
amendment relating to a right or obligation of a DEVELOPER which does not affect
any rights or obligations of the three other developers shall require only the
agreement of CITY and the affected DEVELOPER.
9.3 Insubstantial Amendments. Notwithstanding the
provisions of the preceding paragraph 9.2, any amendments to this Agreement which
do not relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the
permitted uses of the Properties as provided in paragraph 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 maximwn height or size of proposed
buildings; or (g) monetary contributions by a DEVELOPER as provided in this
Agreement, 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 Project Approvals. Any amendment of
Project Approvals relating to: (a) the permitted use of the Properties; (b) provisions
for significant reservation or dedication of land as provided in Exhibit B; (c)
conditions, terms, restrictions or requirements for subsequent discretionary actions;
(d) the density or intensity of use of the Project; (e) the maximwn height or size of
DublinIMSSH Development Agreement
for Dublin Ranch . Phase I Project
Page 9 of 21
March 31,1999
1'1 0 '51
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proposed buildings; (f) monetary contributions by a DEVELOPER as provided in this
Agreement; or (g) public improvements to be constructed by a DEVELOPER 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 by Mutual Consent. Except as otherwise
permitted herein, this Agreement may be canceled in whole or in pan only by the
mutual consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit B
of this Agreement prior to the date of cancellation shall be retained by CITY. CITY
and a DEVELOPER may consent to cancel this Agreement solely as between CITY
. and such DEVELOPER without the consent of the other parties.
10. Term and Issuance of Project Approvals.
10.1 Rules. Regulations and Policies Applicable to Project
Approvals. .All applications for Project Approvals submitted by a DEVELOPER after
the Effective Date will be considered by CITY in light of and in accordance with only
those rules, regulations and official policies that are permitted to be applied to the
Project pursuant to Sections 6 and 7 above and any Project Approvals issued as of the
Effective Date.
.
10.2 Term of Project Approvals. Pursuant to California
Government Code Section 66452.6(a), the term of the tentative maps described in
Recital G above shall automatically be e:>.."tended for the term of this Agreement. The
term of any other Project Approval shall be e:>.."tended only if so provided in Exhibit B.
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement
shall be August 15,2000 and each 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 DEVELOPERS thirty (30) days' written
notice that the CITY intends to undertake such review. DEVELOPERS shall provide
Dublin/MSSH Development Agreement
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Page 10 of 21
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evidence to the Conununity Development Director prior to the hearing on the annual
review, as and when reasonably determined necessary by the Conununity
Development Director, to demonstrate good faith compliance with the provisions of
the Development Agreement. The burden of proof by substantial evidence of
compliance at such hearing is upon the DEVELOPERS.
11.3 Staff Reports. To the extent practical, CITY shall deposit
in the mail and fax to DEVELOPERS a copy of all staff reports, and related exhibits
concerning contract performance at least five (5) days prior to any annual review.
11.4 Costs. Costs reasonably incurred by CITY in connection
,vith the annual review shall be paid by DEVELOPERS in accordance with the City's
schedule of fees in effect at the time of review.
12. Default.
12.1 Other Remedies Available. Upon the occurrence of an
event of default, the parties may pursue all other remedies at law or in equity which
are not otherwi.se provided for in this Agreement or in City's regulations governing
development agreements, o..'Pressly including the remedy of specific performance of
this Agreement.
12.2 Notice of Default and Request to Cure. Upon the
occurrence of an event of default by any party, the nondefaulting party shall serve
\vritten notice of such default upon the defaulting party. ("Notice of Default and
Request to Cure"). Failure to give notice shall not constitute a waiver of any default.
12.3 Procedures for Termination. If the default is not cured by
the defaulting party within thirty (30) days after service of the Notice of Default and
Request to Cure ("Cure Period"), the non-defaulting party desiring to terminate this
Agreement may then commence the termination of this Agreement by serving on the
defaulting party a written "Notice of Intent to Terminate" this Agreement; provided,
however, that if the default cannot be cured within the Cure Period, the
nondefaulting party shall refrain from any such commencement of the termination of
this Agreement or any other legal or equitable action so long as the defaulting party
begins to cure such default within the Cure Period and diligently pursue such cure to
completion.
If a Notice of Intent to Terminate is served by CITY on a
DublinJMSSH Development Agreement
for Dublin Ranch - Phase I Project
Page 11 of 21
March 31, 1999
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DEVELOPER, the matter shall be reviewed and considered by the City Council in
the manner set forth in California Government Code ~65868. Termination shall be
effective upon the passage of thirty (30) days following such consideration and review
by the City Council, unless the default is resolved to the mutual satisfaction of the
parties prior to such date. If a Notice of Termination is served by a DEVELOPER on
CITY, within thirty (30) days after such service, the matter shall be reviewed and
considered by the City Council for the purpose of determining whether CITY should
take any further curative action in light of the service by such DEVELOPER of the
Notice of Intent to Terminate. Termination shall be effective upon the passage of
fifteen (15) days following such consideration and review by City Council (or forty-
five [45] days following delivery by such DEVELOPER of a Notice of Intent to
Terminate if the City Council fails to complete its review and consideration of such
matter in accordance with the provisions of the preceding sentence), unless the
default is resolved to th~ mutual satisfaction of the parties prior to such date and
evidenced in '\rriting.
Termination as to a DEVELOPER shall not affect the rights or obligations
of the three other developers, unless otherwise reasonably specified by CITY.
to
.
12.4 No Damages Against CITY. In no event shall damages be
awarded against CITY upon an event of default or upon termination of this .
Agreement.
13. Estoppel Certificate.
Any party may, at any time, and from time to time, request written
notice from any other party requesting such party to certify in writing that, (a) this
Agreement is in full force and effect and a binding obligation of the parties, (b) this
Agreement has not been amended or modified either orally or in writing, or if so
amended, identifying the amendments, and (c) to the knowledge of the certifying
party the requesting party is not in default in the performance of its obligations under
this Agreement, or if in default, to describe therein the nature and amount of any
such defaults. A party receiving a request hereunder shall execute and return such
certificate within thirty (30) days following the receipt thereof, or such longer period
as may reasonably be agreed to by the parties. City Manager of CITY shall be
authorized to execute any certificate requested by a DEVELOPER. Should the party
receiving the request not execute and return such certificate within the applicable
period, this shall not be deemed to be a default, provided that such party shall be
deemed to have certified that the statements in clauses (a) through (c) of this section
DublinIMSSH Development Agreement
for Dublin Ranch - Phase I Project
Page 12 of 21
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are true, and any party may rely on such deemed certification.
14. MortgaEee Protection: Certain Rights of Cure.
14.1 Mortgagee Protection. This Agreement shall be superior
and senior to any lien placed upon the property described in Exhibits A-I. A-2. A-3
and/or A-4, or any portion thereof after the date of recording this Agreement,
including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding
the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the
lien of any Mortgage made in good faith and for value, but all the terms and
conditions contained in this Agreement shall be binding upon and effective against
any person or entity, including any deed of trust beneficiary or mortgagee
("Mortgagee") \vho acquires title to the Properties, or any portion thereof, by
foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.
14.2 Mortga~ee Not Oblig-ated. Notwithstanding the provisions
of Section 14.1 above, no Mortgagee shall have any obligation or duty W1der 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, perfoffil or
provide any fee, dedication, improvements or other exaction or imposition; provided,
however, that a Mortgagee shall not be entitled to devote the Properties 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 E:x.'tension of Right to
Cure. If CITY receives notice from a Mortgagee requesting a copy of any notice of
default given a DEVELOPER hereW1der and specifying the address for service
thereof, then CITY shall deliver to such Mortgagee, concurrently with service thereon
to such DEVELOPER, any notice given to such DEVELOPER with respect to any
claim by CITY that such DEVELOPER has committed an event of default. Each
Mortgagee shall have the right during the same period available to such
DEVELOPER to cure or remedy, or to commence to rure or remedy, the event of
default claimed set forth in the CIT'fs notice. CITY, through its City Manager, may
e>..'tend the thirty-day rure period provided in paragraph 12.2 for not more than an
additional sb..'ty (60) days upon request of such DEVELOPER or a Mortgagee.
Dublirv'MSSH Development Agreement
for Dublin Ranch. Phase I Project
Page 13 of21
March 31.1999
Iff ~ 51 '
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15. Severability.
The un enforceability, invalidity or illegality of any provisions, .
covenant, condition or term of this Agreement shall not render the other provisions
unenforceable, invalid or illegal.
16. Attorneys' Fees and Costs.
If CITY or a DEVELOPER initiates any action at law or in equity to
enforce or interpret the terms and conditions of this Agreement, the prevailing parry
shall be entitled to recover reasonable attorneys' fees and costs in addition to any
other relief to which it may otherwise be entitled. If any person or entity not a party
to this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreement or the Project Approvals, the parties shall cooperate
in defending such action. DEVELOPERS shall bear their O'\'\'n costs of defense as real
parties in interest in any such action, and shall reimburse CITY for all reasonable
court costs and attorneys' fees eA-pended by CITY in defense of any such action or
other proceeding.
17. Transfers and Assignments.
17.1 Right to A<;sign. It is anticipated that a DEVELOPER may .
sell, transfer or assign portions of its Property to other developers (each such otber
developer is referred to as a "Transferee"). In connection 'with any such sale, transfer
or assignment to a Transferee, such DEVELOPER may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of such DEVELOPER arising
hereunder and that pertain to the portion of the Property being sold or transferred, to
such Transferee, provided, however, that: a) no such transfer, sale or assignment of a
DEVELOPER's rights, interests and obligations hereunder shall occur without prior
written notice to CITY and approval by the City Manager, which approval shall not
be unreasonably withheld or delayed; and b) MSSH may not transfer, sell or assign
its obligation to construct any of those improvements to Tassajara Road or the
neighborhood park described in Exhibit B.
17.2 Approval and Notice of Sale. Transfer or Assignment. The
City Manager shall consider and decide on any transfer, sale or assignment 'within ten
(10) days after a DEVELOPER's notice, provided all necessary documents,
certifications and other information are provided to tbe City Manager to enable the
City Manager to determine whether the proposed Transferee can perform the
DublinIMSSH Development Agreement
for Dublin Ranch p Phase I Project
Page 14 of 21
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DEVELOPER's obligations hereunder. Notice of any such approved sale, transfer or
assignment (which includes a description of all rights, interests and obligations that
have been transferred and those which have been retained by such DEVELOPER)
shall be recorded in the official records of Alameda County, in a form acceptable to
the City Manager, concurrently 'with such sale, transfer or assignment.
17.3 Effect of Sale. Transfer or A~signment. A DEVELOPER
shall be released from any obligations hereunder sold, transferred or assigned to a
Transferee pursuant to subparagraph 17.1 of this Agreement, provided that: a) such
sale, transfer or assignment has been approved by the City Manager pursuant to
subparagraph 17.1 of this Agreement; and b) such obligations are eA}lressly assumed
by Transferee; provided further in no event shall MSSH be released from its
obligation to construct any of those improvements to Tassajara Road or the
neighborhood park described in Exhibit B; and provided that such Transferee shall be
subject to all the provisions hereof and shall provide "all necessary documents,
certifications and other necessary information prior to City !\1anager approval
pursuant to subparagraphs 17.1 and 17.2 of this Agreement.
17.4 Permitted Transfer. Purchase or A~sjgnment. The sale or
other transfer of any interest in the Property to a purchaser (lIPurchaserll) pursuant to
the exercise of any right or remedy under a deed of trust encumbering a
DEVELOPER'S interest in its Property shall not require City Manager approval
pursuant to the provision of paragraph 17.1. Any subsequent transfer, sale or
assignment by the Purchaser to a subsequent transferee, purchaser, or assignee shall
be subj ect to the provisions of paragraph 17.1.
17.5 Termination of Agreement Upon Sale of Individual Lots to
Public. Notwithstanding any provisions of this Agreement to the contrary, the
burdens of this Agreement shall terminate as to any lot which has been finally
subdivided (Le. only one dwelling unit is anticipated to be constructed on such lot)
and individually leased or sold (i.e. not in lIbulkll) to a custom homebuilder or person
intending to construct his or her own home on such lot; provided, however, that: a)
the benefits of this Agreement shall continue to run as to any such lot until
occupancy of the building to be constructed thereon; and b) MSSH's obligation to
construct those improvements to Tassajara Road and neighborhood park described in
Exhibit B shall continue until they have been completed and accepted by the eIn as
provided in Exhibit B.
Dublin/MSSH Development Agreement
for Dublin Ranch - Phase I Project
Page 15 of21
March 31. 1999
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18. Agreement Runs with the Land.
Except as othervvise provided in accordance with Section 17 above,
all of the provisions, rights, terms, covenants, and obligations contained in this
Agreement shall be binding upon the parties and their respective heirs, successors and
assignees, representatives, lessees, and all other persons acquiring the Properties, or
anyone Property or any portion thereof, or any interest therein, whether by
operation of law or in any manner whatsoever. All of the provisions of this
Agreement shall be enforceable as equitable servitude and shall constitute covenants
running with the land pursuant to applicable laws, including, but not limited to,
Section 1468 of the Civil Code of the State of California. Each covenant to do, or
refrain from doing, some act on the Properties hereunder, or vdth respect to any
owned property, (a) is for the benefit of such properties and is a burden upon such
properties, (b) runs with such properties, and (c) is binding upon each party (with
res'peet to the Property owned by such party) and each successive O'wner during its
ovvnership of such properties or any portion thereof, and shall be a benefit to and a
burden upon each party and its property hereunder and each other person succeeding
to an interest in such properties.
19. Bankruptcy.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. Indemnification.
Each 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 injUl)" or property damage which may arise
directly or indirectly as a result of any actions or inactions by such DEVELOPER, or
any actions or inactions of such DEVELOPER's contractors, subcontractors, agents,
or employees in connection with the construction, improvement, operation, or
maintenance of the Project, provided that such DEVELOPER shall have no
indemnification obligation with respect to negligence or wrongful conduct of CITY,
its contractors, subcontractors, agents or employees or with respect to the
maintenance, use or condition of any improvement after the time it has been
dedicated to and accepted by the CITY or another public entity (except as provided
in an improvement agreement or maintenance bond).
Dublin/MSSH Development AgTeement
for Dublin Ranch - Phase I Project
Page 16 of 21
March 31,1999
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21. Insurance.
21.1 Public Liability and Property Damage Insurance. During
the term of this Agreement, each DEVELOPER shall maintain in effect a policy of
comprehensive general liability insurance with a per-occurrence combined single limit
of not less than one million dollars ($1,000,000.00) and a deductible of not more
than ten thousand dollars ($10,000.00) per claim. The policy so maintained by
DEVELOPER shall name the CITY as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2 \IV orkers Compensation Insurance. During the term of this
Agreement each DEVELOPER shall maintain Worker's Compensation insurance for
all persons employed by such DEVELOPER for work at the Project site. Each
DEVELOPER shall require each contractor and subcontractor similarly to provid~
\IVorker's Compensation insurance for its respective employees. Each DEVELOPER
agrees to indemnify CITY for any damage resulting from such DEVELOPER's failure
to maintain any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of
this Agreement, DEVELOPERS 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 o..'tend to the CITY, its elective
and appointive boards, commissions, officers, agents, employees and representatives
and to DEVELOPERS 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:
Dublin/MSSH Development Agreement
for Dublin Ranch ~ Phase I Project
Page 1 7 of 21
March 31,1999
;<d.. 05 :5 'I
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA.. 94568
.
Notices required to be given to MSSH shall be addressed as follows:
Kevin Peters
Shea Homes
2155 Las Positas Court, Suite T
Livermore, CA 94550
With a copy to:
Qark Morrison
Morrison & Foerster, LLP
101 Ygnacio Valley Road, Suite 450
Walnut Creek, CA 94596-8130
Notices required to be given to CENTEX shall be addressed as follmvs:
John Ocshner
1855 Gateway Boulevard
Concord, CA.. 94520
.
Notices required to be given to STANDARD PACIFIC shall be addressed as follmvs:
Doug Krah
382~ Hopyard Road, Suite 195
Pleasanton, CA. 945E8
Notices required to be given to MAYFIELD shall be addressed as follows:
Kevin Peters
Shea Homes
2155 Las Positas Court, Suite T
Livermore, CA. 94550
DublinIMSSH Development Agreement
for Dublin Ranch - Phase I Project
Page 18 of 21
March 31,1999
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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
e).:piration of 48 hours after being deposited in the United States Mail. Notices may
also be given by overnight courier which shall be deemed given the following day or
by facsimile transmission which shall be deemed given upon verification of receipt.
24. Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement
of the parties.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A-] . A-2. A-3 and A-4
Legal Description of
Properties
Exhibit A-5
Map
Exhibit B
Additional Conditions
Exhibit B-1
Map of Tassajara
Road Improvements
Exhibit B-2
Estimate of Costs for
Revised TIF
26. Counterparts.
This Agreement is executed in five (5) duplicate originals, each of
which is deemed to be an original.
27. Recordation.
CITY shall record a copy of this Agreement within ten days
following execution by all parties.
Dublin/MSSH Development Agreement
for Dublin Ranch - Phase I Project
Page 19 of21
March 31.1999
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IN VVITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written. .
CITY OF DUBLIN:
By:
Mayor
Date:
ATTEST:
By:
City Oerk
Date:
APPROVED AS TO FOR1v1:
City Attorney
.
MSSH DEVELOPMENT LCC,
a California limited liability Company
By:
Date:
Its
CENTEX HOMES,
a Nevada general partnership
By: Centex Real Estate Corporation Date:
David Barkely, Division President
Dublin/MSSH Development Agreement
for Dublin Ranch - Phase I Project
Page 20 of 21
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MSSH Mayfield LLC,
a Delaware limited liability company
By:
Date:
Its
STANDARD PACIFIC,
a Delaware corporation
By:
Date:
Its
APPROVED.AS TO FORM:
Attorney for Surplus Property
Authority of the County of Alameda
Attorney for MSSH Dublin
Development
Attorney for Centex Real Estate Corporation
Attorney for MSSH Mayfield
Attorney for Standard Pacific
J:\WPD\MNRSW\114\OBO\AGREE\SHEA_DA331
Dublin/MSSH Development Agreement
for Dublin Ranch - Phase I Project
J.5 0{ 51
Page 21 of 21
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EXHIBIT "A.IN
PAGEIOF2
[MSSH-SHEA]
19100-1
3/17/99
F. c.r.
.
DESCRIPTION
BEING ALL OF LOTS I TfiROUGH 91, INCLUSIVE. AND PARCEL .A' A.S SHOWN UPON
THAT CERTAlN FNAL MA.P ENTITLt=D: "TRl\CT 6956-' AS mEn ON THE TH DAY OF
- '
, 19_ IN BOOK ~ OF MAPS, AT PAGES _ TO _, INCLUSIVE,
ALAMEDA COUNTY RECORDS. CALIFORNIA, LYING AND BEING TN Tiffi CITY OF
DUBLTN. COUNTY OF .l\LAMEDA. STATE OF CALIFORNIA.
A POR1l0~ OF: ASSESSOR'S P ARCEJ. -"'UMBER 985-0003-003-08.
BEING ALL OF PARC.ELS '.l\. THROUGH 'H'. INCLUSIVE, AS SHOWN UPON THAT
CER! AIN FL"l'AL MAP ENTITLED: ."TRACT 6957" AS FILED ON THE _111 DAY OF
.19_ IN BOOK _ OF MAPS. AT PAGES _ TO _. TNCLtJSI\'E.
ALAMED-A COUNTY RECORDS, CALIFORNIA. LYING AND BEING IN THE CITY OF
DUBLlN. COLiNTY OF ALAMEDA, STATE OFCALIFORNlA.
A PORTION OF: ASSESSOR'S PARCEL NWill3ER 9BS-0003-003-U9.
BEING ALL OF LOTS I THROUGH 92. INCLUSIVE, AND P ARCEt . A' AS SHOWN UPON
THAT CERTAlN FINAL MAP ENrm.ED: "TRACT 6959.' AS FILED ON 'tHE _ tll DAY OF
.19_ IN BOOK _ OF MAPS, AT PAGES _ TO _, mCLUSlVE.
AlA.MEDA COUNTY RECORDS, CALIFORNIA, L YTNG AND BEING fN THE CITY OF
DuBLIN. COTJNTY OF ALA.MEDA, STATE OF CALrf'ORNIA.
.
A PORTION OF: ASSESSOR:S P ARea NUMBER 985-0003-003-08.
BEING ALL OF PARCELS 'A' THROUGH 'Y.. INCLUSIvE. AS SliOWN UPON THAT
CERT AlN F1NAL MAP ENTffiED: ..TRACT 6960.' AS FLLED ON THE _ ,... DAY OF
, 19_ IN BOOK _ OF MAPS, AT PAGES _ TO _' INCLUSIVE,
ALAMEDA COUNTY RECORDS, CALIFORNIA, LYING AND BEING IN THE CITY OF
DUBLTN. COUNTY OF ALA.'vlEDA. STAiB OF CALIFORNJA.
A PORTION OF; ASSESSOR'S PAACEL NUMBER 985-0003-003-08.
BEING ALL OF'LOTS 1 '[HROUGH 117. INCLUSIVE, Ar-.1) PARCEL 'A.' AS SHOWN Uf'ON
THA.T CERTAIN fINAL MAP EN'frrLED: '"TRACT 6961" AS FILED ON THE _ 'nI DAY OF
, 19_ IN BOOK _ OF MAPS. AT PAGES _ TO _. INCLUSIVE,
ALAMEDA COUNTY RECORDS, CALIFORNIA. tYING AND BEING TN THE CITY OF
DUBLHooT. COUNTY OF A.LAMEDA, STATE: OF CALIFORNTA.
A PORTION OF: ASSESSOR'S PARca NUMBER 985.0003-003-08.
BENG All OF PARCELS 'A' nm.OUGfi .K', INCLUSIVE. AS SHOWN UPON THAT
CERT All'-! FTNAL MAP ENTITLED: '1.RACT 6%2'. AS Fn.ED ON THE _ Tl-I DAY OF
.19_ TN BOOK _ OF MAPS. AT PAGES _ TO _, INCLUSIVE.
AtAMEDA COUNTY RECORDS, CALIFORNIA, LYCNG AND BEING IN THE ,-TTY OF
DUBLL"l. COUNTY OF ALA..MEDA. STATE OF CALIFORNIA.
MACKAY & SOMPS
.
A PORTION OF: ASSESSOR'S PARC.E:L NUMBER 985~oo03-003-08.
t': \Ieb~ \ llli')'" \0V2S\l1t~ I.ute':
5742 FRANKLIN OF/IVE. sUITe S PLEA-SANTON, CA 94588-'3355
(915) ll..t...06f1o
" .
,
.
.
.
.". '.
. ..... . .. _"w .
", ..", "
. ....... .".
'". "...". .
-,
~? ~ 5(
EXHIBIT "A.l"
PAGE 2 OF 2
[MSSH-SHEA)
19100-1
3/17/99
F.CI.
BEING ALL OF PARCELS .A' THROllGH '0', INCLUSIVE, AS SHOWN UPON THAT
CERTAIN FINAL MAP ENTITLED: "TRACT 6963" AS Fll..ED ON THE _ T1i DAY OF
, 19_ IN BOOK _ OF MAPS. AT PAGES _ TO _, INCLUSIVE.
ALAMEDA COUNTY RECORDS. CAllFORNIA. LYING AND BEING Thl THE CITY OF
DUBLlN. COlJNIT OF ALA.MEDA. STA T.E OF CALIFORNIA.
A PORTION OF: ASSESSOR.'S PARCEL NUMBER 985-0003-003-09.
BEING ALL OF PARcas 'A' THROUGH'S', INCLlTSIVE. AS SHOWN UPON THAT
CERTAIN FINAL MAP ENTITI..ED; .'TRACT 6964" AS FUD ON THE _'Ill DAY OF
.19_ IN BOOK_ OF MAPS, AT PAGES _ TO _.INCLUSIVE.
ALAMEDA COUNTY RECORDS. CALLFORNIA, L 'fINO AND BEING TN THE CITY OF
DUBLIN. COUNTY OF ALAMEDA. STATE OF CALIFORNIA.
A POR.TION OF: ASSESSOR.S PARCEL NUMBER 985-0003-003-08.
END OF DESCRIPTlON
?- / 7-91
DATE
FRED c. !NO
PROFESSIONAL L
(EXP.I2131120oo)
STATE OFCALIFORNlA
MACKAy & SOMPS
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5142 PFlANKI.IN ORIVE. SUITE e PLEASANTON. CA 94fj88-3~5
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EXHIBIT" A.2"
PAGEI0Fl
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DESCRIPTION
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19100-1
3/17/99
F.e.!.
BEING ALL OF LOTS 1 THROUGH 113. lNCLUSIVE, AS SHO\.\'N UPON mAT CERTAIN
FINAL MAP ENTITLED: ''TRACT 6960'. AS Fn.ED ON THE _ TH DAY OF .
19_ IN BOOK _ OF MAPS. AT PAGES _ TO _, INCLUSIVE. Al..A.MEDA
COVNTY RECORDS. CA.L.IFORNIA. LYING AND BEING lN THE CITY OF DUBLIN. COUNTY
OF ALA.M:EDA. STATE OF CALJFORNIA.
^ PORTIO:--; Or: ASSESSOR'S P ARca Nl.JMBER 985-0003-003-08.
END OF DESCRIPTION
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c. !NG . UCENSED
PROFESSIONAL LAND SURVEYOR NO. 5859
(E)""P. 1213112000)
$T A TE OF CALIFORNIA
MACKAy & SOMPS
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5142 F'F/ANI(UN QRIVE, SvrrE B PLEA.SANTON. CA 9<lSBB-33SS
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EXHIBIT "A-3"
PAGE 1 OF 1
[MA YFlELD]
19100-1
3/17/99
F. c.r.
DESCRIPTION
BEING ALL OF LOTS 1 THROUGH 69. INCLUSIVE. AS SHOWN UPON TB.AT CERTAIN
FINAL MAP ENTITLED: '1'RACT 695'" AS FlLEn ON THE _ TII DAY OF .
19_ IN BOOK _ OF MAPS, A.T PAGES _ TO _' INCLUSIVE. AU.MEDA
COUNTY RECORDS. CALIFORNIA. L YlNG AND BEING IN THE CITy OF DUBLIN. COUNTY
OF ALAMEDA. STATE OF CAUFORNIA.
A POR TlO\! OF: ASSESSOR.S P MCEL NUMBER 985.Q003-003-09.
BEING ALL OF LOTS J THROUGH 86. fNCLlTSTVE. AS SHOWN tJ'f'ON THAT CER.T..4JJ'-.l
FINAL MAP ENTITLED: ....fRACT 695S'. AS FILED ON THE _ "H DAY OF
19_ IN BOOK _ OF M:APS. AT PAGES _ TO _' INCLUSIVE, ALAMEDA
COUt-I"TY RECORDS. CALIFORNIA. L YTNG AND BEING IN THE CITY OF DUBLIN. COtThtTY
OF ALAMEDA. $TA'fE OFCALIFORNLA.
A POR.nON OF; ASSESSOR.S PARCEL NUM:8ER. 985-0003-003-09.
END OF DESCRIPTION
?-/7-97
DA.TE
MACKAy & SOMPS
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5'42 Ff:lJ!,NKLlN DRIVE, SUITE 8 PLEASJI,NTON, CA fIJ1588-3355
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EXHIBIT" A-4"
PACE 1 OF 1
rST.4,NDARD PACIFICj
19100-1
3/17/99
F.CI.
DE:sCRI1'TlON
BEING ALL OF LOTS 1 THROUGH Ill. INCLUSIVE. AS SRO~TN tJPON THAT CERTAIN
FlN.AJ. MAP E.'\'TITLED: "TRACT 6962.' AS Fll...ED ON TliE _ "It DAY OF
19~ CN BOOK _ OF M..o\PS. AT PAGES _ TO _, INCLUSIVE, ALAMEDA
COUNTY RECO.RDS, CALIFORNIA, LYING AND BEING TN THE CITY OF DURLLl,[. COUNTY
OF ALA..""I'EDA. STATE OF CALIFORNJ A.
A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0003-003_08.
BEING ALL O}- LOTS 1 THROUGH 45, LNCLUSNE. AS SHOWN UPON THA.T CERTAIN
FINAL MAP E"'TITLED: '.TRACT 6963" AS F1l.ED ON THE _.Ill DAY OF
19_ IN BOOK __ OF MAPS. AT PAGES _ TO _. INCLtJSIVE. ALAMEDA
COUNTY RECORDS. CALIFORNIA,!. YlNG AND BEING rN THE CITY OF DUBLIN. COUNTY
OF ALAM"EDA. STATE OFCALIPORNIA.
.... PORTIO~ OF: ASSESSOR'S PARCEL NLTh.{BER 985-0003-003-09,
BEING AU OF LOTS 1 T1{R.OIJGH 123. INCLUSIVE, AS SHOWN UPON THAT CERT AlN
FINAL MAP ENTITlED: "TRACT 6964.' AS Fll..ED ON THE _Tit DAY OF
19_ IN BOOI( _ OF MAPS. AT PAGES _ TO _, INCLUSIvE, AlAMEDA
COW,;"'fY RECORDS, CALIFOR.N1A L'rING AND BEING IN TliE CITY OF DUBUN. COUNTY
OF ."\LAMEDA. STATE OF CAUFOR."'lTA.
A PORTrON OF: ASSESSOR'S PARCEL NtrMbER 985-0003-003.08.
END OF DFSCRIPTJON
~.
PROFESSTONAL L.A.ND SURVEYOR NO. 5859
(EXP. 12/3112000)
ST ATE OF CALIFOH.NlA
? - / 7 -9"'7
DATE
MACKAY & SOMPS
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DUBLIN RANCH
- PHASE 1
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EXHIBIT B
Additional Conditions
.
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.4 above.
Subparagraph 5.4.1 -- Subsequent Discretionary Approvals
None.
Subparagraph 5.4.2 -- Mitigation Conditions
Subsection a. Infrastructure Sequencing Program
The Infrastructure Sequencing Program for the Project is set forth belmv. .
(i) Roads:
The project-specific roadway improvements (and offers of dedication)
described below and those identified in Planning Commission Resolution Nos. 98-52
[approving Vesting Tentative Map for the L-I neighborhood]; 98-53 [approving .
Vesting Tentative Map and Site Development Review for the L-2 neighborhood]; 98-
54 [approving Vesting Tentative Map and Site Development Review for L-3
neighborhood]; 98-55 [approving Vesting Tentative Map for L-4 neighborhood]; 98-
56 [approving Vesting Tentative Map and Site Development Review for L-5
neighborhood]; 98-57 [approving vesting tentative map and Site Development
Review for M-l neighborhood]; 98-58 [approving Vesting Tentative Map and Site
Development Review for M-2 neighborhood]; and 98-59 [approving Vesting
Tentative Map and Site Development Review for M-3 neighborhood] of the Planning
Commission (collectively, these resolutions are referred to as the "Conditions of
Approval") shall be compi~ted to the satisfaction of the Public Works Director at the
times and in the manner spe<;ified in the Conditions of Approval unless otherwise
provided below.
Although CENTEX, MAYFIELD and STANDARD PACIFIC are obligated
by the Conditions of Approval for their respective properties [the M-I to M-3,
neighborhoods (STANDARD PACIFIC), L-2 and L-3 neighborhoods (MAYFIELD)
and L-5 neighborhood(CENTEX)], MSSH, as the master developer, shall be solely
responsible for completing those conditions relating to the Tassajara Road and the
Dublin/MSSH Dublin Ranch
Phase I Project. Exhibit B
Page 1 of 18
March 31.1999
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. neighborhood park improvements.
All such roadway improvements shall be constructed to the satisfaction and
requirements of CITY's Public Works Director.
A. TJ.F. Improvement of Tassajara Road
The first paragraph of the following Conditions (No. 32 of
Resolution 98-57 (M-I), No. 30 of Resolution 98-58 (M-2), No. 30 of Resolution 98-
59 (M-3), No. 31 of Resolution 98-52 (L-l), No. 27 of Resolution 98-53 (L-2), No.
29 of Resolution 98-54 (L-3), and No. 14 of Resolution 98-55 (L-4), and No. 29 of
Resolution 98-56 (L-5)) shall be revised to read as follows (the second paragraph of
these conditions remains unchanged except that the last sentence of the second
paragraph is deleted and the third paragraph is deleted in its entirety):
.
"[Offsite] T.tF. Improvement of Tassajara Road.
Applicant/Developer shall improve Tassajara Road and construct
four travel lanes (2 northbound and 2 southbound) along the
project frontage from North Dublin Ranch Drive to Gleason
Drive. Applicant/Developer shall improve Tassajara Road and
construct four travel lanes (2 northbound and 2 southbound)
from Gleason Drive to Dublin Boulevard. The improvements
shall be constructed per the Tassajara Road Alignment plans
prepared by Mad<ay & Somps dated October 29, 1998, and to
the satisfaction of the Director of Public Works. Improvements
shall include frontage improvements (curb, gutter and pavement)
along the City park site on the west side of Tassajara Road from
Gleason Drive to Central Parkway. ApplicantlDeveloper will
construct the ultimate median landscaping improvements from
North Dublin Ranch Drive to Dublin Boulevard and will install
turf and irrigation in the interim median area (consisting of the
area reserved for the interior northbound and southbound lanes)."
B. Construction of Tassajara Road
Although CENTEX, MAYFIELD and STANDARD PACIFIC are
required to make improvements to Tassajara Road by Conditions No. 32 of
Resolution 98-57 (M-I), No. 30 of Resolution 98-58 (M-2), No. 30 of Resolution 98-
59 (M-3) and No. 29 of Resolution 98-56 (L-5) and MSSH is required to make such
.
Dublin/MSSH Dublin Ranch
Phase I Project - Exhibit B
Page 2 of 18
March 31, 1999
.:3'1-:;' 57
improvements by Conditions No. 31 of Resolution 98-52 (L-1), No. 27 of Resolution .
98-53 (L-2), No. 29 of Resolution 98~54 (L-3), No. 14 of Resolution 98-55 (L-4), the
parties agree that MSSH will construct the improvements to Tassajara Road from
North Dublin Ranch Drive to Dublin Boulevard described in Subsection (a)(i)(A)
above. A map showing the improvements is attached as Exhibit B-1.
MSSH will submit improvement plans to CIn for such
improvements no later than issuance of the first building permit for any of the
neighborhoods.
MSSH will complete construction of such improvements and offer
them to CITY for dedication not later than December 1, 1999. If CIn has not
acquired all of the land necessary for construction of such improvements by October
1, 1999, in fee or by an order of possession, MSSH may defer completion until CITY
notifies MSSH that CIn has obtained possession of all necessary land. In such case,
1\1SSH may defer completion beyond December 1, 1999 for a period of time equal to
the time period from October 1, 1999 until CIn has obtained possession of all
necessary land. MSSH agrees it 'will work with CITY to develop a plan to phase
construction of the improvements to allow maximwn construction pending CITY's
acquisition of required land. Notwithstanding the provisions of this paragraph, .
MSSH shall comply with the Conditions of Approval which require two access points
by the 76th unit.
C. Deferred Conditions
Certain conditions of the tentative maps are to be completed
"when determined necessary by the Development Agreement", "as specified in the
Development Agreement or "when deemed necessary by the Director of Public
Vv orks" ("The Deferred Conditions"). This section .specifies the timing for such
conditions and whether any security is required.
. :{Offsite] Improvement of Tassajara Road" [1-580 to
Dublin Boulevardl [Conditions No. 30 of Resolution 98-
57 (M-I), No. 28 of Resolution 98-58 (M-2), No. 28 of
Resolution 98-59 (M-3), No. 29 of Resolution 98-52 (L-
1), No. 25 of Resolution 98-53 (L-2), No. 27 of
Resolution 98-54 (L-3), No. 12 of Resolution 98~55 (L-4),
and No. 27 of Resolution 98-56 (L-5)]
Dublin/MSSH Dublin Ranch
Phase I Project - Exhibit B
Page 3 of 18
March 31,1999
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Dublin/MSSH Dublin Ranch
Phase I Project - Exhibit B
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This improvement not required by DEVELOPERS;
security provided by another developer;
. IOffsite] Improvement of Dou~herty Road/Dublin
Boulevard Intersection [Conditions No. 27 of Resolution
98-57 (M-l), No. 25 of Resolution 98-58 (M-2), No. 25
of Resolution 98~59 (M-3), No. 26 of Resolution 98-52
(L~I), No. 22 of Resolution 98-53 (L-2), No. 24 of
Resolution 98-54 (L~3), No.9 of Resolution 98-55 (L-4),
and No. 24 of Resolution 98-56 (L-5)]
Payment of Eastern Dublin Traffic Impact Fees at the
time of each building permit ,viIl satisfy these conditions.
. [Offsite] Improvement of Santa RitalI-5RO Eastbound
RampslPimlico Drive Intersection [Conditions No. 28 of
Resolution 98-57 (M-l), No. 26 of Resolution 98-58 (M-
2), No. 26 of Resolution 98-59 (1\'1-3), No. 27 of
Resolution 98~52 (L-I), No. 23 of Resolution 98-53 (L-2),
No. 25 of Resolution 98-54 (L-3), No. 10 of Resolution
98-55 (L-4), and No. 25 of Resolution 98-56 (L-5)]
Payment of Eastern Dublin Traffic Impact Fees at the
time of each building permit will satisfy these conditions.
. IOffsite] Improvement of Dublin Boulevard between
Hacienda Drive and Tassajara Road [Conditions No. 29
of Resolution 98-57 (M-l), No. 27 of Resolution 98-58
(M-2), No. 27 of Resolution 98-59 (M-3), No. 28 of
Resolution 98-52 (L-I). No. 24 of Resolution 98-53 (L-2),
No. 26 of Resolution 98-54 (L-3), No. II of Resolution
98-55 (L-4). and No. 26 of Resolution 98-56 (L-5)]
This improvement not required by DEVELOPERS;
security provided by another developer.
Page 4 of 18
March 31.1999
,
36 cQ 5'/
. Elementary School Site [Condition No. 37 of Resolution
98-56 (L-5)] .
Grading shall be completed no later than December 31,
1999.
. IOffsite) Traffic Signals (Tassajara Road/South Dublin
Ranch Drive: Tassajara RoadINorth Dublin Ranch Drive:
and Tassajara Road/Gleason Drive) [Conditions No. 68
of Resolution 98-57 (M-I), No. 68 of Resolution 98-58
(M-2), No. 66 of Resolution 98-59 (M-3), No. 70 of
Resolution 98-52 (L-l), No. 67 of Resolution 98-53 (Lp2),
No. 66 of Resolution 98-54 (Lp3), No. 54 of Resolution
98-55 (L-4), and No. 72 of Resolution 98-50 (L-5)]
. Signal at Tassajara Road/South Dublin Ranch Drive:
To be constructed with Tassajara Road improvements (see
5.4.2(a)(i)(A).
. Signal at Tassajara Road/Gleason Drive:
.
To be constructed when deemed necessary by the Director
of Public Works pursuant to traffic signal warrants.
. Signal at Tassajara Road/North Dublin Ranch Drive:
MSSH will pay CITY $90,000 (which is estimated to be
50% of the total cost including design) at the time of
issuance of the first building permit in the L-6
neighborhood (or such earlier date deemed necessary by
CITY's Public Works Director) to fund the cost of a
traffic signal at Tassajara Road and North Dublin Ranch
Drive. If the total cost of the signal is less than $180,000,
CITY shall refund 50% of the difference to MSSH within
30 days of acceptance of the signal by the City. MSSH'S
obligation under this paragraph shall terminate if and
when the full cost of the traffic signal is provided for and
guaranteed by another developer.
Dublin/MSSH Dublin Ranch
Phase I Project - Exhibit B
Page 5 of 18
March 31, 1999
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(ii) Sewer
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with the tentative
subdivision map and DSRSD requirements.
(Hi) 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
subdivision map to the satisfaction and requirements of the CITY's fire department.
All potable water system components to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with the tentative
subdivision map and DSRSD requirements.
Recycled water lines shall be installed in accordance with the tentative
subdivision map.
(iv) Stonn Drainage
Prior to issuance' of the first Certificate of Occupancy for any building
which is part of the Project, the storm drainage systems off site, as well as on site
drainage systems to the areas to be occupied, shall be improved to the satisfaction
and requirements of the Dublin Public Works Department applying CITY's and Zone
7 (Alameda County Flood Control and Water Conservation District, Zone 7)
standards and policies which are in force and effect at the time of issuance of the
permit for the proposed improvements and shall be consistent with the Drainage
Plan. The site shall also be protected from storm flow from off site and shall have in
place erosion control measures consistent with the Drainage Plan. .As used herein,
"Drainage Plan" shall refer to CITY's master drainage plan.
(v) Other Utilities (e.g. gas. electricity. cable televisions. telephone)
Construction of other utilities shall be complete by phase prior to
issuance of the first Certificate of Occupancy for any building within that specific
phase of occupancy.
Dublin/MSSH Dublin Ranch
Phase I Project - Exhibit B
Page 6 of 18
March 31, 1999
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Subsection b. Miscellaneous
(i) Completion May be Deferred.
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Notwithstanding the foregoing, CITIs Public Works Director may, in
his or her sole discretion and upon receipt of documentation in a form satisfactory to
the Public Works Director that assures completion, allow MSSH to defer completion
of discrete portions of any of the public improvements required for the Project until
after the time specified in this agreement for completion of such public improvements
or portions thereof if the Public Works Director determines that to do so would not
jeopardize the public health, safety or welfare.
(ii) Improvement Agreement
Prior to constructing the improvements described in Subparagraph
5.4.2(a) above (including The Deferred Conditions) each DEVELOPER, for the
improvements it is required to construct, shall submit plans and specifications to
CITY's Public Works Director for review and approval and shall enter into an
improvement agreement ("Improvement Agreement") \vith CITY for construction and
dedication of the public facilities. All such improvements shall be constructed in
accordance with City's standards and policies which are in force and effect at the time .
of issuance of the pennit for the proposed improvements including, but not limited
to, the MacKay & Somps Precise Plan of Tassajara Road ("estimate 19100-1 y")
dated October 29, 1998 including any revisions approved by the Public Works
Director ("Precise Plan").
(Hi) Bonds
Prior to execution of the Improvement Agreement, each DEVELOPER
(for the improvements it is required to construct) shall provide a cash monument
bond, a performance bond and labor and materials bond or other adequate security to
insure that the Improvements described in Subparagraph 5.4.2(a) above (including
The Deferred Conditions) will be constructed prior to the times specified above. The
performance bond or other security shall be in an amount equal to 100% of the
engineer's estimate of the cost to construct the improvements (including design,
engineering, administration, and inspection) and the labor and materials bond shall
be in an amount equal to 50% of the engineer's estimate. The bonds shall be vllritten
by a surety licensed to conduct business in the State of California and approved by
CITIs City Manager.
DublinIMSSH Dublin Ranch
Phase I Project ~ Exhibit B
Page 7 of 18
March 31,1999
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In the event CENTEX, MAYFIELD or STANDARD PACIFIC records
a final map prior to MSSH, MSSH as the Master Developer, shall enter into an
Improvement Agreement and shall provide CITY with bonds for the Tassajara Road
improvements described in 5.4.2(a) (i)(A) and the park improvements described in
5.4.7(a).
(iv) Right to Construct Additional Road Improvements
\Vith the prior written consent of CIITs Public Works Director,
MSSH may, at its option, construct roadway improvements v,\.hich are not described
in this Exhibit B if such improvements are described in the resolution establishing the
Eastern Dublin Traffic Impact Fee and if such improvements are constructed in their
ultimate location.
MSSH shall be required to enter into an Improvement Agreement and
provide bonds for such improvements, as provided in Subsection (b )(ii) and (iii)
above, prior to construction. CITY shall provide a credit to MSSH for the cost of
such improvements in the manner and subject to the conditions provided in
Subparagraph 5.4.6, Subsections (a), (b) and (c).
Subparagraph 5.4.3 -- Phasing. Timing
With the exception of the road improvements described in Subparagraph
5.4.2(a)(i), this Agreement contains no requirements that MSSH must initiate or
complete development of the Project within any period of time set by CITY. It is the
intention of this provision that DEVELOPERS be able to develop the Property in
accordance with their own time schedules and the Project Approvals.
Subparagraph 5.4.4 -- Financing Plan
DEVELOPERS will install all street improvements necessary for the Project
at their own cost (subject to credits for certain improvements as provided in
Subparagraph 5.4.6 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. MSSH has entered into an "Area Wide Facilities Agreement" with
the Dublin San Ramon Services District to pay for the cost of o..'tending such services
to the Project. Such services shall be provided as set forth in Subparagraph
Dublin/MSSH Dublin Ranch
Phase I Project - Exhibit B
Page 8 of 18
March 31, 1999
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5.4.2(a)(ii) and (iii) above.
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Subparagraph 5.4.5 -- Fees. Dedications
Subsection a. Traffic Impact Fees.
DEVELOPERS shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 41-96, including any future amendments to such fee.
DEVELOPERS will pay such fees no later than the time of issuance of building
permits and in the then-current amount of the impact fee.
Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freeway
Interchanges.
DEVELOPERS shall pay the Eastern Dublin 1-580 Interchange Fee
established by City of Dublin Resolution No. 11-96 as amended by Resolution No.
155-98 and by any subsequent resolution which revises such Fee. DEVELOPERS
will pay such fees no later than the time of issuance of building permits and in the
then-current amount of the impact fee.
Subsection c.
Public Facilities Fees.
.
DEVELOPERS shall pay a Public Facilities Fee in the amounts and at the
times set forth in City of Dublin Resolution No. 32-96, adopted by the City Council
on March 26, 1996, or in the amounts and at the times set forth in any resolution
revising the amount of the Public Facilities Fee. DEVELOPERS 'will pay such fees no
later than the time of issuance of building permits and in the then-current amount of
the impact fee.
Subsection d. Noise Mitigation Fee.
DEVELOPERS shall pay a Noise Mitigation Fee in the amounts and at the
times set forth in City of Dublin Resolution No. 33-96, adopted by the City Council
on March 26, 1996, and any amendments thereto. DEVELOPERS will pay such fees
no later than the time of issuance of building permits and in the then-current amount
of the impact fee.
Dublin/MSSH Dublin Ranch
Phase I Project. Exhibit B
Page 9 of 18
March 31, 1999
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Subsection e.
School Impact Fees.
School impact fees shall be paid by DEVELOPERS in accordance with
Government Code section 53080 and the existing agreement between
DEVELOPERS' predecessor in interest and the Dublin Unified School District.
Subsection f.
Fire Impact Fees.
DEVELOPERS shall pay a fire facilities fee in the amounts and at the times
set forth in City of Dublin Resolution No.3 7 -97 or any subsequent resolution ,~rhich
revises such fee. DEVELOPERS will pay such fees no later than the time of issuance
of building permits and in the then-current amount of the impact fee.
Subs~ction e. Tn-Valley Transportation Development Fee.
DEVELOPERS 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. DEVELOPERS will pay such fees no
later than the time of issuance of building permits and in the then-current amount of
the impact fee.
Subparagraph 5.4.6 -- Credit
Subsection a. Traffic Impact Fee Improvements Credit
CITY shall provide a credit to MSSH for the improvements described in the
resolution establishing the TIF if such improvements are constructed by the MSSH in
their ultimate location pursuant this Agreement. All aspects of the credit shall be
governed by CITY's Administrative Guidelines for Eastern Dublin Traffic Impact Fees
(Resolution No. 23-99) ("TIF Guidelines").
It is contemplated that CITY will amend the TIF to increase the amount of
the TIF fee due to increases in construction costs and land values and due to the
inclusion of portions of Tassajara Road as a project to be funded with fees. In the
event that CITY so amends the TIF, notwithstanding the TIF Guidelines, the CITY
v.rill make a one-time adjustment to the amount of any credit which MSSH has
previously been given for improvements constructed pursuant to this agreement so
that the amount of the credit shall be based on the costs of construction used by
CITY in its updated TIF. The revised credit shall not be increased for inflation nor
Dublin/MSSH Dublin Ranch
Phase I Project - Exhibit B
Page 10 of 18
March 31,1999
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shall interest accrue on it. If any DEVELOPER has paid any TIF fees prior to the .
date the credit is increased, such DEVELOPER will pay to CITY the difference
between the TIF fees previously paid and the amount that such DEVELOPER would
have paid if the revised TIF fees (the first revision after Resolution No. 41-96) had
been in effect at the time of payment. Notwithstanding the foregoing, the provisions
of this paragraph shall be of no force or effect if the TIF, as set forth in Resolution
NoAI-96, has been revised (and the revised fee is effective) on or prior to the date
MSSH enters into an Improvement Agreement with CITY to construct the Tassajara
Road improvements, except that, in such event, DEVELOPERS shall pay all TIF fees
for the Project based on the revised fee, even if the TIF fee was paid prior to the date
of the Improvement Agreement.
The following example illustrates the provisions of the preceding paragraph.
Assume that MSSH entered into an Improvement Agreement for widening Tassajara
Road (a Section 1 improvement) on May I, 1999 and that the amount of credit
MSSH received was $2,000,000, which amount was based on the costs included in
the TIF as of May I, 1999. Assume further than on May 15, 1999, the City Council
amends the TIF, to be effective on July IS, 1999, to increase costs of construction,
increase land values and add two lanes on Tassajara Road. Assume further that the
cost assumptions for the revised TIF show that the improvements which MSSH has .
agreed to construct would cost $3,000,000. On July 15, 1999, CITY will increase the
amount of credits for MSSH from $2,000,000 to $3,000,000. In this example, a
DEVELOPER (e.g. CENTEX) pulled 100 building permits on May 5, 1999 and had
paid Section 1 TIF fees in the total amount of $300,000 ($3000 per unit). If the
Section 1 TIF fee is increased to $4000 per unit effective July 15, 1999, such
DEVELOPER (CENTEX) will owe CITY an additional $100,000 on July 15.
Alternatively, if MSSH requests, CITY will deduct $100,000 from MSSH's
additional $1,000,000 credit for a net additional credit of $900,000 as follows:
Credit Granted on 5/1:
$2,000,000
5/5 Permits Obtained 100
Homes Less: Credits Based
On Section 1 Fees @ $3,000 ea.
<300,000>
Net Credit Available 6/30
$1,700,000
7/15 Increased Credit Authorized
.
Dublin/MSSH Dublin Ranch
Phase I Project. Exhibit B
Page 11 of 18
March 31, 1999
. ~ .,' -
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Resolution NoAl-96, has been revised (and the revised fee is effective) on or prior to
the date MSSH enters into an Improvement Agreement with CITY to constnlct the
Tassajara Road improvements, except that, in such event, DEVELOPERS shall pay all
TIF fees for the Project based on the revised fee, even if the TIF fee was paid prior to
the date of the Improvement Agreement.
Subparagraph 5.4. 7 -~ Miscellaneous
Subsection a. Construction of Neighborhood Park
MSSH shall dedicate to CITY 5.000 acres of land for the Neighborhood
Park shawn as Parcel "J" on the Master Vesting Tentative Map for Tract No. 6925.
The land to be dedicated and underlying groundwater shall be free of hazardous
substances and MSSH shall present evidence satisfactory to CITY of such condition
prior to acceptance. '
The dedication of 3.56 acres of the 5.000 acres shall satisfy MSSH's
obligation under Dublin Municipal Code Chapter 9.28 (CIITs Quimby Act
ordinance) for neighborhood park land for the Project and shall be a credit against
the portion of the Public Facilities Fee for the Project for "Neighborhood Parks,
Land. "
The dedication of 1.44 acres of the totalS.OOO acres may be used by
MSSH as a credit against payment of the portion of the Public Facilities Fees for
"Neighborhood Parks, Land"as provided in administrative guidelines governing usage
of credits for Facilities Fees to be adopted by CITY. MSSH may transfer such credits
to any person owning an interest in land in Eastern Dublin, including specifically
CENTEX, MAYFIELD, STANDARD PACIFIC, Jennifer Un, Frederic Un and/or
Kevin Un.
MSSH shall design and constrUct the Neighborhood Park (including a
restroom) in accordance with the neighborhood park standards in CITY's Parks and
Recreation Master Plan and CITY's Park Development Standards. The final design
of the park shall be approved by CITY which may require peer review of the design at
MSSH's cost. If CITY reaches an agreement with the Dublin San Ramon Services
District (nDSRSDn) to include a pump station/restroom in the park, DEVELOPER
shall revise its plans to accommodate constnlction of such building by DSRSD.
Construction documents and specifications and a construction timeline shall be
approved by CITY's Public Works Director. MSSH will obtain all required permits
Dublin/MSSH Dublin Ranch
Phase I Project ~ Exhibit B
Page 13 of 18
March 31. 1999
. . '. - . ~
1ft(, t( 5~
and pay all required fees induding connection fees. Construction inspection will be
carried out by CITY pursuant to its standard practices and all such costs will be paid
by MSSH.
.
During construction of the park, MSSH will work with CITY's Public
\tv orks Director to stage installation of the improvements to minimize possible public
nuisances in the park area during construction.
MSSH shall receive a credit for design and construction of the park to be
used against the portion of the Public Facilities Fee for "Neighborhood Parks,
Improvements." The amount of the credit shall be detennined by CITY based on the
standard unit costs in CITY's Public Facilities Fee (induding the Public Facilities Fee
Study) provided that if a restroom is constructed in the park by others, no credit shall
be provided to MSSH for the design and construCtion of such restroom.
The credit shall be granted at the time MSSH enters into an Improvement
Agreement and provides bonds to CITY to secure the construction of the park. In the
,event that the amount of the credit exceeds the "Neighborhood Parks,
Improvements" portion of the Public Facilities Fee for the L-l, L-4 and L-6
neighborhoods, such excess credits may be used by MSSH as a credit against its .
obligation on other projects (if any) for payment of the portion of the Public
Facilities Fees for "Neighborhood Parks, Improvements" or may be sold or transferred
to CENTEX. MAYFIELD or STANDARD PACIFIC. Jennifer Lin. Frederic Lin, Kevin
Lin or any other developer. all as provided in CITY's administrative guidelines
governing usage of credits against payment of Public Facilities Fees.
Following construction of the park to CITY's standards and to CITY's
satisfaction. CITY will accept the park provided that (a) the park is physically
completed and the maintenance period has elapsed and (b) a minimum of 75 homes
cumulatively have received Certificate of Occupancy in the L-2, L-3 and L-5
neighborhoods. CITY will maintain the park following acceptance.
Dublin/MSSH Dublin Ranch
Phase I Project - Exhibit B
Page 14 of 18
March 31,1999
.
MSSH agrees to complete construction of the park no later than Certificate
of Occupancy for a cumulative total of 250 homes in the L-2. L-3. and L-5
neighborhoods.
Subsection b. Private Recreation Facility in L~3 Neighborhood
MSSH will begin construction of the private recreation facility required by
...4.
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Condition No. 38 of Resolution No. 98-54 (L-3, Tract 6958) upon issuance of the
first building permit in the L-1, L-4 or L-6 neighborhoods. MSSH ,vill complete the
private recreation facility within 12 months of the start of construction of the private
recreation facility.
Subsection c.
Payment of Costs for Tassajara Interchange and Credit
No later than the Effective Date, MSSH will pay CITY the amount of
$40,321 to be used by CITY for preparation of the Project Study Report ("PSR") for
the Tassajara Interchange. MSSH shall receive a credit in the amount of $40,321
'which MSSH may use against the Section 1 portion of the TIF for the Project or as
provided in CIITs TIF Guidelines. The provisions of this paragraph shall be of no
force or effect if MSSH has previously paid the sum of $40,321 to CITY for the PSR
for the Tassajara Interchange.
Upon 20 days' written notice from CITY, MSSH will pay CITY the amount
of $37,400 to be used by CITY for preparation of the Project Report ("PR") for the
Tassajara Interchange. MSSH shall receive a credit in the amount of $37,400 which
l\1SSH may use against the Section I portion of the TIF for the Project or as
. provided in CITY's administrative guidelines for usage of TIF Guidelines.
Subsection d. Tassajara Road ConstnIction Coordination
In order to minimize construction disruption for the public, MSSH will
contract with the developers of the Tassajara Meadows I and II projects (and any
other developers with projects fronting on Tassajara Road who are obligated to make
frontage (non- TIF) improvements to Tassajara Road) to construct such improvements
on behalf of such developers, provided that such developers agree to pay MSSH an
amount which MSSH considers fair for the performance of such work..
Subsection e. Payment of Funds for Acquisition of Right of Way for
ConstnIction of Tassajara Road
.
Upon 20 days' written notice from CITY, MSSH will pay to CITY the
amount of $74,000 to be used by CITY to acquire any right-of-way (including
easements) needed for construction by MSSH of Tassajara Road from Dublin
Boulevard to North Dublin Ranch Drive, as provided in Section 5.4.2(a)(i)(B). CITY
agrees that it will use such monies (and all additional monies paid pursuant to this
subsection) to acquire such right-of-way as o..'peditiously as possible. The monies vvill
Dublin/MSSH Dublin Ranch
Phase 1 Project - Exhibit B
Page 15 of 18
March 31.1999
'Lf6 75 5?r.
be used by CITY for all expenses associated ,vith the acquisition of such right-of-v,ray,
including but not limited to legal descriptions, appraisal fees, title reports, .
environmental review and documentation, preparation of all documents for adoption
of a resolution of necessity and convenience, court costs (including, but not limited
to, fees for preparation of transcripts), costs of litigation, trial and appeal, including
document preparation, eA'Pert witness fees and attorney's fees and costs, the fair
market value of the land (as mutually agreed upon or as determined by the court),
and any award made by the court to the defendants (including but not limited to
market value, severance damages, attorneys' fees, appraisers' fees, eA'Pert witness fees,
and all other costs) (collectively, "Acquisition Costs"), "i,\rhether or not the eminent
domain action results in the acquisition of the real property sought to be condemned.
It is anticipated that the Acquisition Costs will be approximately $857,
000. Accordingly, upon written request from CITY and 20 days' notice .stating the
reason additional monies are needed, MSSH will pay to CITY any amounts in
addition to the initial payment of $74,000 which CITY determines are necessary to
acquire such right-of-way.
CITY shall provide MSSH with an accounting of the Acquisition Costs and
expenses incurred by CITY on a quarterly basis.
CITY will keep MSSH apprised of any negotiations for acquisition of the .
right-of-way. Prior to entering into any agreement with the owner(s) of the land to
be acquired, CITY will consult with MSSH regarding the amount of any proposed
payment. However, CITY retains the right to determine the amount of any such
payment in its sole discretion.
MSSH will receive credit against the TIF for monies paid to CITY pursuant
to this subsection used for acquisition of any right-of-way which is within the TIF
area needed for the Tassajara Road improvements. The credit shall be in the amount
of City's final "Acquisition Costs" needed to acquire such right-of-way. MSSH shall
not be entitled to a credit for any monies used to acquire right-of-way which is not in
the TIF areas. It is presently estimated that the Acquisition Costs for the right-of-
way within the TIF area will be approximately $624,000 and the Acquisition Costs
for the right-of-way which is not in the TIF area will be approximately $233,000.
This estimate is solely for purposes of establishing an "order of magnitude" as between
such two areas and shall not be binding on CITY or MSSH.s
The credit shall be granted at the time CITY obtains possession of the
DublinIMSSH Dublin Ranch
Phase I Project - Exhibit B
Page 16 of 18
March 31.1999
.
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. right-of-way in the amount of Acquisition Costs (if possession is acquired by
agreement) or in the amount of CITY's "deposit of probable compensation" (if
possession is acquired by an "order of immediate possession". Additional credits, if
any, will be granted annually based on actual e},:penditures by CITY.
Any monies paid by MSSH pursuant to this subsection which are not
needed by CITY to acquire the right-of-way shall be refunded to MSSH v.rithin 90
days' follov.ring final judgment of condenmation.
Subsection f.
Maintenance of Turf in Tassajara Road Oversized
Median
.
As part of the construction of Tassajara Road from Dublin Boulevard to
North Dublin Ranch Drive, MSSH, at its own cost and without any right to credit,
'wiIl install turf in the area adjacent to the median reserved for an additional
northbound lane and an additional southbound lane. !\1SSH wiIl pay CITY the sum
of Forty Thousand Dollars ($40,000) v.rithin 30 days of the Effective Date. The
$40,000, plus any interest accruing on it, wiIl be maintained by CITY in a separate
account to be used by CITY for maintenance of the turf. If the turf is removed by
CITY during the term of this agreement, CITY will refund to I\1SSH all monies
remaining in such account.
Subsection g.
Indemnification
MSSH agrees to defend CITY against any claims or actions concerning
MSSH's construction of the neighborhood park and/or Tassajara Road improvements
and shall indemnify and hold CITY harmless from any damages that may be awarded
against CITY in connection with MSSH's construction of the neighborhood park
and/or Tassajara Road improvements.
Subsection h. Street Lighting Costs
.
DEVELOPERS have asked. CITY to form an assessment district pursuant to
the Lighting and Landscaping Act of 1972 to pay for street lighting in order to satisfy
Condition No. 65 of Resolutions 98-57 (M-l) and 98-58 (M-2), No. 63 of
Resolution 98-59 (M-3), No. 66 of Resolution 98-52 (L-l), No. 62 of Resolution 98-
53 (L-2), No. 61 of Resolution 98-54 (L-3), No. 48 of Resolution 98-55 (L-4), and
No. 65 of Resolution 98-56 (L-5). DEVELOPERS wiIl not protest the formation of
such an assessment district or the levy of an assessment. DEVELOPERS agree to
Dublin/MSSH Dublin Ranch
Phase I Project - Exhibit B
Page 17 of 18
March 31,1999
.u g . :p(' 5 V .
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record a declaration of covenants, conditions and restrictions or a similar document .
against the Properties before issuance of a Certificate of Occupancy for any of the
Properties which declaration will covenant DEVELOPERS, on behalf of themselves
and their successors, to pay a "deed assessment" to CITY for street light maintenance
in the event that the assessment for street light maintenance is not levied against the
Properties, or any portion of them, in any year.
.
J:\WPD\MNRS'vV\114\IIB\A.GREE\EX_B.331
EHS:rja
Dublin/MSSH Dublin Ranch
Phase I Project. Exhibit B
Page 18 of 18
March 31, 1999
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Job No. 1910o-1y
10/2S1SB
Rev. 1/11/93
JFT
.
PREUMINARY COST ESTJMATe
TASSAJARA ROAD - STATION 76+40 to 131+00
PORTION COVERED BY TIF
TO BE BUILT BY SHEA
DUBLIN. CAUFO.=1NIA
Based on preliminary concept plans prepared by MacKay:S. Somps
Tor Tassajara Road
ITEM QUANTITY UNiT
DESCFUFTION
UNIT PRICE AMOUNT
A. G~ADING AND STR;:rwO~K
1. LUM? SUM Demolition
2. 27,500 Cy Rough Grade
... ~56 ots" SF Rnish Grade streeVpavement
.". -.. ,.........
rsmoval
. 305,273 . SF Pavement sectIon
(4VACl1S"AB!10IlAS3) .
... 1.955 Sf 4" AS under curb and gutter
~.
o. 125,470 SF Pavement removal
7. 6,905 ,- 211 X 5- Radwood header
_r'"'
B. 8,S05 LF Oil A. C. berm
9. LUM? SUM Striping
11. LUMP SUM Traffic controllsi~ning
515,000 .
4.00 110,000
0.25 114,110.
4.10 1,255,720
0,4.0 780
0.20 25,C~O
3.50 31,170
5.00 53,430
25,000
75,000
ESTIMATED TOTAL GRADING AND ST~EeIWORK: $1,705,300
Sf CONCR:T~ 'I'IO~'(
1..
2,
97B
, 0,037
LF 6~ Standard curb and gutt~r
LF Median venical curb
s.oo
12.00
7,820
.120,440
ESTfMA TEO TOTAL. CONCRETE WORK:
S123,25O
.
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ITEM QUANTITY UNCT
.DiSCFUPTlON
\JOO NO. 'SlOO"ly
1 0I251~B ~/ "'dsy
- '1/ '
nev. ,j' 1.199.
UNrr PRICE AMOUNrFT
~. El t:CTRICAUJOfNT TRENCH
,. LUM? SUM Relocate existina ::warhead powsr
lines .
2. 24 EA Double arm eleci.rol1ars w/service
trench
200,000 .
.
4,500.00
10B,000
ESil MATE D TOTAl. ELECTRICAL V;OR~
~08,OOO
D MlSCElJ.ANEOUS CONSTMUCTIO~
, .
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Landscaping & irrigation (m~dian)
0.50
301,500
STlMA T50 TOT A.t.. MISe. CONSTFlUCTJON:
S301,500
, ESirMA lED rOTA!. CONSTRUCTION COSi:
S" "3 050
~/_ 1
E. ~o~rnNG~NCJ;:S
Contingencies: 10 % of construction
cost
S244,3'0 ;..
.
ESTfMA. TEO iOT A.l CONnNQ!NCI:S:
S244,31 0
r. CiiY ADMrNtSTRATION. O=SJG~ AND CONST~UCT MANAG=MENT:
20% of Construction Cost
488,610
~snMAT=OTOTALCONSUl~ANTBUDGET:
$4.8815'10
-
-
.s..UMM4RY
GRADING AND STREETWORK
CONCRETE WORK
ELECTRJCAUJOINT TRENCH
MISOaL.ANEOUS CONSTR"UCTION
CONTINGENCIES
CONSULTANT BUDGETS
$1,705,300
, 28,250
303100D
301,500
244,310
483,010
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ESTlMA TED TOT A.L IM~ROVEM=NT COST
wrrn OUT RIGHT OF WA '(: .
EXHISIT B-2
Page 2 of 2
$31175,..980 "....
.
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5~ ~ 5 'i
ORDINANCE NO.
.
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
FOR P A 98-045, DUBLIN RANCH PHASE I
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLO\VS:
Section 1. RECITALS
Specific Plan ("Specific Plan") in an area which is designated on the General Plan Land Use Element Map
and Eastern Dublin Specific Plan Land Use Map as Single Family and Medium Density Residential uses
and open space uses.
A. The proposed Dublin Ranch Phase I Project (P A 98-045) is located within the boundaries
of the Eastern Dublin.
B. This project is within the scope of the Eastern Dublin Specific Plan and General Plan
Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration
(SCH 86082092) has been approved for the Santa Rita Specific Plan Amendment of which this project is
a part. That Mitigated Negative Declaration together with the Program EIR adequately describes the total
project for the purposes of CEQA. The analysis indicated that no new effects could occur and no new
mitigation measures would be required for the Dublin Ranch Phase I Project that were not addressed in
. the FEIR or Mitigated Negative Declaration. Further, that analysis found that the project is in conformity
with the Eastern Dublin Specific Plan.
C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements with the City.
D. MSSH Dublin Development, LLC, Standard Pacific Corporation and Centex Homes have
filed an application requesting approval of a development agreement for the Dublin Ranch Phase I
Project.
E. A Development Agreement between the City of Dublin, MSSH Dublin Development,
LLC, Standard Pacific Corporation and Centex Homes has been presented to the City Council, a copy of
which is attached to the Staff Report as Attachment 1.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on March 23, 1999, for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
H. A public hearing on the proposed Development Agreement was held before the City
. Council on April 6, 1999, for which public notice was given as provided by law.
ATTACHMENT 2
\
.53 't .~i
. "
J. The City Council has considered the recommendation of the Planning Commission at the
March 23, 1999 meeting, including the Planning Commission's reasons for its recommendation, the
Agenda Statement, all comments received in writing and all testimony received at the public hearing. .
Section 2.
FINDINGS AND DETERMINA TJONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the
EIR, (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City
Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, 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
designation for the site is Single Family and Medium Density Residential and open space uses and the
proposed project is a residential project consistent with that land use, (b) the project is consistent with the
fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public
services, and (c) the Development Agreement includes provisions relating to financing, construction and
maintenance of public facilities, and similar provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located in that the project approvals
include a Planned Development Rezoning adopted specifically for the Dublin Ranch Phase I Project.
.
3. The Development Agreement is in conformity with public convenience, general welfare
and good land use policies in that the Dublin Ranch Phase I Project will implement land use guidelines set
forth in the Specific Plan and the General Plan which have planned for office uses at this location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
5. The Development Agreement will not adversely affect the orderly development of property
or the preservation of property values in that the project will be consistent with the General Plan and with
the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Attachment 1 to the Staff Report)
and authorizes the Mayor to sign it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is executed by the Mayor, the City Clerk .
shall submit the Agreement to the County Recorder for recordation.
~,
,.. . \ l.
ORDINANCE NO.
.
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
FOR P A 98-045, DUBLIN RANCH PHASE I
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
Specific Plan ("Specific Plan") in an area which is designated on the General Plan Land Use Element Map
and Eastern Dublin Specific Plan Land Use Map as Single Family and Medium Density Residential uses
and open space uses.
A. The proposed Dublin Ranch Phase I Project (P A 98-045) is located within the boundaries
of the Eastern Dublin.
B. This project is within the scope ofthe Eastern Dublin Specific Plan and General Plan
Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration
(SCH 86082092) has been approved for the Santa Rita Specific Plan Amendment of which this project is
a part. That Mitigated Negative Declaration together with the Program EIR adequately describes the total
project for the purposes of CEQA. The analysis indicated that no new effects could occur and no new
mitigation measures would be required for the Dublin Ranch Phase I Project that were not addressed in
. the FEIR or Mitigated Negative Declaration. Further, that analysis found that the project is in conformity
with the Eastern Dublin Specific Plan.
C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements with the City.
D. MSSH Dublin Development, LLC, Standard Pacific Corporation, Centex Homes and
MSSH Mayfield have filed an application requesting approval of a development agreement for the Dublin
Ranch Phase I Project.
E. A Development Agreement between the City of Dublin, MSSH Dublin Development,
LLC, Standard Pacific Corporation, Centex Homes and MSSH Mayfield has been presented to the City
Council, a copy of which is attached to the Staff Report as Attachment 1.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on March 23, 1999, for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
H. A public hearing on the proposed Development Agreement was held before the City
Council on April 6, 1999, for which public notice was given as provided by law.
.
A TT ACHMENT 2
.
",
r i I .t
ORDINANCE NO.
.
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
FOR P A 98-045, DUBLIN RANCH PHASE I
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
Specific Plan ("Specific Plan") in an area which is designated on the General Plan Land Use Element Map
and Eastern Dublin Specific Plan Land Use Map as Single Family and Medium Density Residential uses
and open space uses.
A. The proposed Dublin Ranch Phase I Project (P A 98-045) is located within the boundaries
of the Eastern Dublin.
B. This project is within the scope of the Eastern Dublin Specific Plan and General Plan
Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration
(SCH 86082092) has been approved for the Santa Rita Specific Plan Amendment of which this project is
a part. That Mitigated Negative Declaration together with the Program EIR adequately describes the total
project for the purposes of CEQA. The analysis indicated that no new effects could occur and no new
mitigation measures would be required for the Dublin Ranch Phase I Project that were not addressed in
. the FEIR or Mitigated Negative Declaration. Further, that analysis found that the project is in conformity
with the Eastern Dublin Specific Plan.
C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements with the City.
D. MSSH Dublin Development, LLC, Standard Pacific Corporation, Centex Homes and
MSSH Mayfield have filed an application requesting approval of a development agreement for the Dublin
Ranch Phase I Project.
E. A Development Agreement between the City of Dublin, MSSH Dublin Development,
LLC, Standard Pacific Corporation, Centex Homes and MSSH Mayfield has been presented to the City
Council, a copy of which is attached to the Staff Report as Attachment 1.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on March 23, 1999, for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
H. A public hearing on the proposed Development Agreement was held before the City
. Council on April 6, 1999, for which public notice was given as provided by law.
A TT ACHMENT 2
.I ~ .)
J. The City Council has considered the recommendation of the Planning Commission at the
March 23, 1999 meeting, including the Planning Commission's reasons for its recommendation, the
. Agenda Statement, all comments received in writing and all testimony received at the public hearing.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the
EIR, (t) the Agenda Statement, and on the basis of the specific conclusions set forth below; the City
Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, 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
designation for the site is Single Family and Medium Density Residential and open space uses and the
proposed project is a residential project consistent with that land use, (b) the project is consistent with the
fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public
services, and (c) the Development Agreement includes provisions relating to financing, construction and
maintenance of public facilities, and similar provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located in that the project approvals
include a Planned Development Rezoning adopted specifically for the Dublin Ranch Phase I Project.
. 3. The Development Agreement is in conformity with public convenience, general welfare
and good land use policies in that the Dublin Ranch Phase I Project will implement land use guidelines set
forth in the Specific Plan and the General Plan which have planned for office uses at this location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
5. The Development Agreement will not adversely affect the orderly development of property
or the preservation of property values in that the project will be consistent with the General Plan and with
the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Attachment 1 to the Staff Report)
and authorizes the Mayor to sign it.
Section 4. RECORDATION
.
Within ten (10) days after the Development Agreement is executed by the Mayor, the City Clerk
shall submit the Agreement to the County Recorder for recordation.
.
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\ J I ../
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State
of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 20th day of April,
1999, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
. CITY CLERK
.
.
'1 .. j _,to
Sf ~ 5(
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 ofthe City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State
of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 20th day of April,
1999, by the following votes:
A YES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
. CITY CLERK
.
\
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PROPOSED
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
FOR P A 98-045, DUBLIN RANCH PHASE I
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
Specific Plan ("Specific Plan") in an area which is designated on the General Plan Land Use Element Map
and Eastern Dublin Specific Plan Land Use Map as Single Family and Medium Density Residential uses
and open space uses.
A. The proposed Dublin Ranch Phase I Project (P A 98-045) is located within the boundaries
of the Eastern Dublin.
B. This project is within the scope of the Eastern Dublin Specific Plan and General Plan
Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration
(SCH 86082092) has been approved for the Santa Rita Specific Plan Amendment of which this project is
a part. That Mitigated Negative Declaration together with the Program EIR adequately describes the total
project for the purposes of CEQA. The analysis indicated that no new effects could occur and no new
mitigation measures would be required for the Dublin Ranch Phase I Project that were not addressed in
the FEIR or Mitigated Negative Declaration. Further, that analysis found that the project is in conformity
with the Eastern Dublin Specific Plan.
C. Implementing actions ofthe Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements with the City.
D. MSSH Dublin Development, LLC, Standard Pacific Corporation, Centex Homes and
MSSH Mayfield have filed an application requesting approval of a development agreement for the Dublin
Ranch Phase I Project.
E. A Development Agreement between the City of Dublin, MSSH Dublin Development,
LLC, Standard Pacific Corporation, Centex Homes and MSSH Mayfield has been presented to the City
Council, a copy of which is attached to the Staff Report as Attachment 1.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on March 23, 1999, for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
H. A public hearing on the proposed Dcvelopment Agreement was held before the City
Council on April 6, 1999, for which public notice was given as provided by law.
A TT ACHMENT 2
Revl:l"ej) '....3
~
.
. . f .J.
1. The City Council has considered the recommendation of the Planning Commission at the
March 23, 1999 meeting, including the Planning Commission's reasons for its recommendation, the
Agenda Statement, all comments received in writing and all testimony received at the public hearing.
Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the
EIR, (t) the Agenda Statement, and on the basis of the specific conclusions set forth below;- the City
Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, 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
designation for the site is Single Family and Medium Density Residential and open space uses and the
proposed project is a residential project consistent with that land use, (b) the project is consistent with the
fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public
services, and (c) the Development Agreem-ent includes provisions relating to financing, construction and
maintenance of public facilities, and similar provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located in that the project approvals
include a Planned Development Rezoning adopted specifically for the Dublin Ranch Phase I Project.
3. The Development Agreement is in conformity with public convenience, general welfare
and good land use policies in that the Dublin Ranch Phase I Project will implement land use guidelines set
forth in the Specific Plan and the General Plan which have planned for office uses at this location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
5. The Development Agreement will not adversely affect the orderly development of property
or the preservation of property values in that the project will be consistent with the General Plan and with
the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Attachment 1 to the Staff Report)
and authorizes the Mayor to sign it
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is executed by the Mayor, the City Clerk
shall submit the Agreement to the County Recorder [or recordation.
..
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~ . . .
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State
of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 20th day of April,
1999, by the following votes: .
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK