HomeMy WebLinkAboutItem 6.3 CastersonPtyDevAgmt
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CITY CLERK
File # [QJ[1][g~-[f]~
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 3,1998
SUBJECT:
PUBLIC HEARING - PA 97-040 Casterson Property Development
Agreement .
(Report Prepared by: Tasha H'uston, AICP, Associate Planner)?
EXHIBITS:
I 1.
I-A.
2.
Ordinance approving a Development Agreement
Proposed Development Agreement
Staff Report and Minutes from the October 13, 1998
Planning Commission meeting*
* Not attached, but incorporated by reference, and available at the City
of Dublin Planning Department, 100 Civic Plaza, Dublin CA,
(925)833-6610
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RECOMMENDATIO~~
f7' 1. Open public hearing and hear staff presentation
2. Take testimony from applicant and the public
3. Question staff, applicant, and the public
4. Close public hearing and deliberate.
5. Introduce Ordinance approving Development Agreement (with
Development Agreement attached as Exhibit I -A)
7. Schedule the second reading of the Ordinance for the November 17,
1998 City Council meeting.
PROJECT
DESCRIPTION:
Development Agreement which includes, but is not limited to the-financing
and timing of infrastructure; payment of traffic, and public facilities impact
fees; oversizing of roads and general provisions for a 109-unit residential
development on 19i acres at 5020 Tassajara Road.
. BACKGROUND:
This project is located on property previously occupied by the Casterson Family, north of Gleason Road,
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 3300 acres ofland east ofthe
Camp Parks military reserve. The project site was given a land use designation of "Medium Density
Residential" in the Specific Plan.
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COPIES TO: Applicant/Property Owner: James Tong
PA File: 97-040
Project Manager: Taslta Huston
ITEM NO. _ (6 !J 3 -
The project site was formerly used for residenti.al, farming, and storage purposes, by the CastersoQ. family.
All structures from previous uses have been removed, except for a few asphalt driveways. The property'
has received City Council approval for a Planned Development of small-lot single-family homes, with
open space along Tassajara Creek, to the west of the proposed development. The homes will be .
developed by Mission Peak Homes, Inc, and will be known as Unit 1 of the Tassajara Meadows project.
ANAL YSIS:
The proposed physical development consists of 109 small-lot detached single family dwelling units, open
space, and community recreational facilities, on approximately 19 acres of land. The project site is
bounded on its east side by Tassajara Road and on the west by the Tassajara Creek stream corridor. To
the south of this site is the project known as Tassajara Meadows (Unit 2), which recently received City
approval for a Planned Development at the northwest comer of Tassajara Road and Gleason Drive. To
the north of this project is property owned by the Koller family, and occupied by the Yarra Yarra Rancho
Equestrian Center.
DevelopmentAgreement:
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 of time. Additionally, it is a mechanism for the City to obtain commitments from
the developer that the City might not .otherwise be able to obtain. The Development Agreement is one
means the City has to assure that the Specific Plan goal that new development fund the costs of .
infrastructure and service is met.
Attached to this Staff Report is a Development Agreement (Exhibit I-A) between the City of Dublin,
James Tong, and Mei Fong Tong. 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 Agreements adopted for these projects reflect what has been determined to be the
infrastructure needs'for the specific project. These needs are determined based on submittal ot~
engineering studies and plans.
The Development Agreement was considered by the Planning Commission on October 13, 1998, where
. they recommended City Council adoption of the agreement without any changes.
The Agreement: The City Attorney drafted the proposed Development Agreement with input from City
staff, James Tong, and representatives of Mission Peak Homes, Inc. 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. In accordance
with Exhibit B of the Development Agreement, fees will be charged based on the fee in effect when
Building Permits are obtained.
The Development Agreement becomes effective for a term of five years from the date it is recorded. The
Development Agreement runs with the land and the rights thereunder can be assigned. The main points of.
the Development Agreement can be found in Exhibit B of the Development Agreement and are
highlighted below:
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Infrastructure Construction and Traffic Impact Fees: The City requires that Developers in Eastern
Dublin pay traffic impact fees for certain City wide improvements to the circulation system. Additionally,
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· fees are charged for certain circulation improvements specific to Eastern Dublin. Developers are also
required to make certain improvements to the circulation system that are required as a result of their
project. The City determines the direct project impact through a traffic study that is conducted.
Based on the traffic study conducted for the Casterson Property Residential Project, it was determined that
certain improvements were required to the circulation system as a result of the projected future traffic
from the project. These improvements include widening and improvement of certain roads, the ultimate
construction of cer:t:ain lanes for the approved alignment of Tassaj ara Road, interim alignment
Improvements, if necessary, and improvements to the 1-580 freeway at the Santa Rita Road/Tassajara
Road Eastbound Ramp. Some of these improvements will be required immediately as a result of the
construction of the residential project Other improvements that were identified could be phased and put
in as required by traffic warrants or when other projects come on line. The Agreement sets forth the City
and the developer's understanding in relation to the phasing of infrastructure construction. This
Agreement also identifies that improvements to Tassajara Road can best be accomplished under a single
contract. Given that Phase I of Dublin Ranch will also be making significant improvements to Tassajara
Road, the Development Agreement allows the City to require that the Developer enter into an agreement
to provide for a single contractor to complete these improvements.
Special Annexation Area Public Service Costs
The property included in this Agreement was among approximately 1,537 acres annexed by the City in
1995. At that time, the Lins, who owned a majority of the Annexation Area, entered into an Annexation
Agreement with the City. Among other things, the Agreement provided for the Lins to reimburse the City
for shortfalls between the Annexation'Area Revenues and Public Service Costs to this area. The City also
agreed to undertake efforts to obtain contributions towards this cost from other lands annexed in 1995.
The Development Agreement provides for this property to contribute its proportionate share of the
Annexation Area costs.
Conclusion:
Approval of this Development Agreement will implement provisions of the Eastern Dublin Specific Plan.
The proposal is consistent with both the General Plan and Specific Plan. Staff recommends the City
Council approve the DevelopmentAgreement, and introduce the attached Ordinance.
(g:\pa#\97040\CCSRDA. )
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
FOR P A 97-040, CASTERSON PROPERTY RESIDENTIAL DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Casterson Property Residential Development project (P A
97-040) is located within the boundaries of the Eastern Dublin Specific Plan ("Specific
Plan") in an area which is designated on the General Plan Land Use Element Map and
Eastern Dublin Specific Plan Land Use Map as Medium Density Residential.
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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).
That Program EIR adequately describes the total project for the purposes of CEQA. The
site specific analysis indicated that no new effects could occur and no new mitigation
measures would be required for the Casterson Property Residential Development that
were not addressed in the FEIR or reduced to a level of insignificance due to provisions
made a part of the project, and City standards and conditions which are agreed to by the
developer, and a Negative Declaration will be prepared for site-specific impacts. 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. James Tong, owner ofthe property previously occupied by the Casters on
family, has filed an application requesting approval of a development agreement for the
Casterson Property Residential Development.
E. A Development Agreement between the City of Dublin and James Tong
("Development Agreement") has been presented to the City Council, a copy of which is
attached to the Staff Report as Exhibit I-A.
F. A public hearing on the proposed Development Agreement was held
before the Planning Commission on October 13, 1998, for which public notice was given
as provided by law.
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G. The Planning Commission has made its recommendation to the City
Council for approval of the Development Agreement, which recommendation includes
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the Planning Commission's determinations with respect to the matters set forth in Section
8.12.080 of the Dublin Municipal Code.
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H. A public hearing on the proposed Development Agreement was held
before the City Council on November 3, 1998, and November 17, 1998, for which public
notice was given as provided by law.
J. The City Council has considered the recommendation of the Planning
Commission (Planning Commission Resolution 98-44), 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, (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 Medium Density
Residential and the proposed project is a residential project consistent with that land use,
(b) the project is consistent with the fiscal policies ofthe 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. ~_
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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 Casterson Property Residential Development.
3. The Development Agreement is in conformity with public convenience,
general welfare and good land use policies in that the Casterson Property Residential
Development will implement land use guidelines set forth in the Specific Plan and the
General Plan which have planned for residential uses at this location.
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4. The Development Agreement will not be detrimental to the health, safety
and general welfare in that the project will proceed in accordance with all the 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 (Exhibit I-A 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.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
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This Ordinance shall take effect and be in force thirty (30) days from and after the
date of its passage. The City Clerk of the City of DubIin 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
17th day of November, 1998, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
. G:\PA97040\daord.
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eilV of Dublin
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\^/hen Recorded Mail To:
Cjry Clerk
City of Dublin
100 Civic Pla7..<i
Dublin, U 94568
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Space above this lint for Recnr-rlf'.r's U<;~
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
ANTI
JAlvIES TONG and MEI FONG TONG
FOR THE CASTERSON PROJECT (TASSATARA.. NIEADOVvS I)
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[51BJ351-4481
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'JABLE Or CONTENTS
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1. Dt'sniplion of I'mpt'l'ly. .................................... 3
2. Inlel't'sl of Dt'vdopt'L ...................................... ~.~
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Itt'laliOTlship of Cil)' and I )t'vdopt'l'.
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J-.:rr~(~(.i\!~ ] )a(.~.. _ _ .. .. .. .. .. .. .. .. .. .. .. _ .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. _ . . .... ~-!
. l't'J/TL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . .. :.~
lIst' of I.ht' Pmpfl'I:,'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. :.~
Iti~~hIIO Df"dop .......................................... :.~
l'~l,.rli( (,~(i l.Js~~ ..................................................................... + ~ .. ... :~~
Addil.ional Conditions ................................. . . . .. 4-
Applicablf Itlllt's. Itt'~~lllalions and Omcial Policifs ................ .-)
Itlllt's J-t' Pt'nni lied l) SfS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .)
ItlllfS l'f I )t'SiPTl and Consl.nlclion ............................. .)
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l)nifonn Codt's Applicablt' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .'5
7. Subsequently Enacted Rules and Re~.ulations .................... :5
7.1 New Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'::.. . ... 5
7.2 Approval of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (;
7.3 I\10ratorium Not Applicable ................................. 6
8. Subsequently Enacted or Revised fees. Assessments and Taxes. . . . . .. 6
8.1 fees. Exactions. DeclicMions ................................. 6
8.2 Revised Application fees .................................... 6
8.3 Ne\v Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
8.4 ASSeSS1l1el1ts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
8.5 Vote on future Assessm.ents and fees .......................... 7
9. Amendment or Cancellation ................................. 7
9.1 I\1oclifkation Because of Conflict \Vitll State or federal L'1Vi'S ........ 7
9.2 Amendment bv I\1utual Consent ... . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
9.3 Insubstantial Amendments .................................. 7
1 )lJhlin/ Al::!l'n..rh I )f'\,...lripm..nt Agr....m..nt
fnr C::!;,tn;,Clf'1 Pmj..ct.
T::! h 1.. clf CCll1t..ntf.> . P::!::t i c.of i i i
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09/22/98 14:09 To:Tasha Huston
From:E1izabeth~. Silver
[51B3351-4481
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Arrwnclrnt'nt of I'rojt'cl Approvals ......................... - . .. SD~.rt
Cancdb.lion hy Mulual Cowwnl . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. H .~.I V
10. Tt'TTTl of I'rojt'cl Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. H
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Annual nt'vit'w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . .: S
nt'vit'\.v I)a It' ............................................. S
Inillalion of nt'vit'w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. S
Sl;~ff nt'porls ............................................. 9
C:osls ................................................... 9
I )d;~ ull . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
OIJ1(-'r H.t'rrwdit's Availahlt' ................................... 9
Nolict' and Curt' .......................................... 9
No J)ama~~t's Againsl CITY .................................. 9
ESloppd Ct'rljf1calt' ........................................
Morlga ~t't" 1'1:olt"c1ion: Ct"rt;i.in Ri~~h Is of Curt" . . . . . . . . . . . . . . . . . . .
MOrll1ayt't' I'rolt'c1ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Morl~Tapt't' Nol ()hliVale:d ..................................
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NOI.lct' of Dt'faulllo MorIITapt't' :md Exlt'nsion of nilThl 10 Curt' .....
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Severabilitv .............................................
Attornevs' fees and Costs .................................-.
Transfers and Assinunents .................................
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Ripht to Assipu ..........................................
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Release Upon Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Developer's Right to Retain Specified Rip.hts or Obli?ations ... . . . . .
Pennitted Transfer. Purchase or Assigluncnt . . . . . . . . . . . . . . . . . . . .
Tcnnination of Apreement Upon Sale of IncHviclual Lots to Pul)lic. ..
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18. Apreemcnt RUlls"ivith the k'lnd .............................. 13
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Bankruptcv ............................................. 13
Inclenuilikation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
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From:Elizabeth H. Silver
[519J351-4481
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ln~llranct' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pllhlic Liahility and Propt'rly l)aTrla~~t' lnmranct' ................
V\"orkt'r~ COTnI)t'n~alion ln~llr;~nct' . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidt'nct' or InS'llranct' ......... _ . . . . . . . . . . . . . . . . . . . . . . . . _ . .
St',vt'r and VValer . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nolict's . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . .
A grt't'Trlt'nI i~ Enljrt' UT1dt'r~I;.:J.n(iiT1~1 . . . . . . . . . . . . . . . . . . . . _ . . . . .. 1.)
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Exhibils ......................................... _ . . . . .. 1 S
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THIS DEVELOPMENT AGREEMENT is made .and entered in the City of
Dublin on this _ day of _' 1998. by and betv~reen the CITY OF DUBUN, a
1vlunicipal Corporation (hereafter "City"), and Jan1es Tong and Mei Fong Tung
(hereafter collectively "Developer"), pursuant to the authority of ss 65864 et seq. of
the California Government Code and Dublin Municipal Code. Cnapter 8.56.
R Ef:rT ALS
A California Government. Code ~~ 65864 et seq. and Chapter 8.56 of the
Dublin Munidpal Code (hereafter "Chapter 8.56") auth0l1ze the crn" to enter into
an Agreement for the development of real property with any person having a leg21 or
equhAble interest in such property in order to establish cenain 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. Tne Eastern Dublin Specific Plm requires DEVELOPER to enter btD a
development agreemenI; and
D. DEVELOPER desires to develop and holds legal interest in certain real
property consisting of approximately 1 H.6 acre~ of land. lor.ated in the City of
Dublin, County of Alarneda, Stak of California, which is more particularly descri..bed
in Exhihit. A attached hereto and incorporated herein by this reference, a..."1d whicK
!eal property is hereafter called the "Property"; and
E. DEVELOPER proposes the development of the Property vvith 109 single
family detached homes (the "Project."); and
F. DEVELOPER has applied fOf, and CITY has approved or is processing,
various land use approvals in connection with the development of the Project,
including an amendment to the General Plan and Eastern Dublin Spedfic Plan (CiI}'
Council Resolution No. 53-98), PD District rezoning (City Council Ordinance No. 7-
98), general provisions for the PD District rezoning including the Development Pl2.n
(City Coundl Resolution No. 54-98), vesting tentative map (Planning Commission
Resolution No. 98-13), ~i.d site development rcvicvv (Planning Commission
Re..l:;olution No. 98-13) (collectively. together v,!ith any approvals or permits now or
DublinJ.Ahrnech. Development. Agret';tl;\cnt
for Castc:~cm Project
P:lge 1 of 17
J\lJy 13, 1998
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hereafter issued with respect to the Project, the "Project Approvals"); and
G. Development of the Propcny by DEVELOPER may be subjecL to
cen;;,in future discretionary approv.a1s, which, if granted, shall automatically become
pan of Lhe Project Approvals as each such approval becomes effective; and
H. CITY desires the timely, efficient. orderly and proper development of
S2.id Project; and
1. The City Council has found that. among other things, this Development
Agreement is consistent vvith its General Plan and the EastErn Dublin Specific Plan
and has been reviewed ~nd evaluated in accordance with Chapter 8.56; and
J. Clrr and DEVELOPER have reached agreement and desire to e:>..-press
heyein a Development Agreement mat ..vill facilitate development of t...'1e Project
subject to conditions set forth herEin; and
K. Pursuant to the California Enviroruncntal Quality Act (CEQA) the Ciry
Council adopted Resolution No. 52-98, finding th2.t the Project is vdthin the scope of
Ult:: Final Environmental ImDaa Repon for the Eastern Dublin General Plan
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.Amendment and Specific Plan (SCH 91103064) which vi'as ccrtified by Lht Council
by Resolur.ion No. 51-93 and the .A..ddenda dated May 4, 1993 and August 22, 1994
(the "EIR") and the Mitigated Negative Declaration for the Eastern Dublin Specific
Plan Amendment and General Plan Amendment (SeE 96092092) and adopted a
Ne.gative Declaration for the Project; :and . ...
L. On _, 1998, the City Council of the City of Dublin adopted
Ordinance No. _-98 approving this Development Agreement. The ordinance took
effect on _, 1998.
NOW, THEREFORE, with reference to the foregoing reciuls and in
consideration of the mutual promises, obligations 2Ild covenants hereLT1 contained,
OTY arid DEVELOPER agree as follows:
Dublinl.AJ:t!':"lCCo. Development Agreement
fur Castt::r:;cm Pmjcc.1:
Page 2 of 17
July 1:5, 1998
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AGREEMENT
1. Description of Propeny.
The Property which is the s.ubject of.this Development Agreement is
described in Exhibit A attached hereto ("Propcny").
2. Tntere.c;t of Developer.
The DEVELOPER has a legal or equitable interest in the Propeny in
1hat it owns the Property in fee simple.
3. Relationship of Ciry and Developer.
It is understood that this Agreement is a contra.ct that has been
negotiated and voluntarily entered intO by CITY and PEVELOPER and that the
DEVELOPER is not an agent of CITI'. The CITI' and DEVELOPER hereby
renounce the e...ustence of any form of joint venture or pannership between them, and
agree that nothing contained herein or in any document e.xecuted in connection
hcreVvi.th shall be construed as making the CITY and DEVELOPER joint venturerS or
panners.
4. Effective Date and Term.
4.1 Effective Date. The dfecdve date of this Agreement shall
be the date upon which this Agree..'TIent is .signed by City. ~
4.2 Tenn. The tenn uf this Development Abrreement sh2.11
commence on the effective date and extend five (5) years thereafter, unless said term
is othenvise terminated or modified by circumstances set fonh in this Agreement.
J. US~ ()ft.h~ Pro!'e:rt.y.
5.1 Rifht t.O Develo!'. Developer shall have the vested right to
develop me Project on the Property in accordance v..'ith the terms and conditions of
this Agreem.ent, the Project Approvals (as and when issued), and any amendments to
any of them as shall, from time to time, be approved pursuant to wJs Agreement.
Dllhlin! Al:mH".:I;:;. n~vp.lnprn~nt Agr~errH>.nt
fO': C~'t::rson Project
P::!.ge ~~ nf I i
July 13, 1998
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5.2 Permitted Usee:. The pe.-rmitted uses of the Property, L~e
density and intensity of use, the ffi?.ximum height., bulk and size of proposed
buildings, provisions for reservation or dedication of land for public purposes and
lOCD.tion and maintenance of on-site and off-site improvements, location of public
utilities (ope:rar.ed by CITY) al)d other terms and conditions of development
applicable to me Properry, shall be IDose set forth ill titis Agreement, tllt Project
Approvals and any amendnlents to this Agreement or the Project Approvals.
5.3 Additional Conditions. Provisions for the following
('~~dditional ConditionsH) arc set forth in Exhibit B attached hereto and incorporated
herein by reference.
5.3.1 Subse~uent Discretionary Appro'\rals.
Conditions, terms, restrictions, and requirements for subsequent
discretionary actions. (These conditions do not affect Develo::>er's
responsibility to obtain all other la.."1d use approvals required by the
ordinances of the City of Dublin.)
Not Applicable
5.3.2 1\1itigation Conditions. Additional or modified
conditions agreed upon by the parties in order to eliminate or
mitigate adverse environmental impacts of the Project or othenvise
relating to development of the Project.
See Exhibit B
. 5.3.3. PhasinE. Timing. Provisions that the Project be
constructed in sped.fied phases, that CDnStnlction shall commence
v\rithin a specified time, and that t.l1e Project or any phase thereof be
completed within a specified time.
See Exhibit B
5.3.4 FinanclTIcr Plan. Financial plans which identify
necessary capital improveme;'ts such as streets and utilities and
sources of funding.
See Exhibit B
5.3.5 Ff:f:s. nedlc:ations. Terms relating to payment of
fees or dedication of property.
See Exhibit B
Dublin! Alameda Dev~lop::\ent Agreement
for Czsterson Project
Page 4 or 1 i
July IS, 1998
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5.3.6 Reimbursement. Terms relating to subseque:1t
reimbursement over time for finandng of necessary public facilities.
See: Exhibit B
5.3.7 . Miscel1aIJ~~tu.s. Miscellaneous terms.
See Exhibit B
6. Ar~Jit.able R111f" Rf'\Vl1;:ttion, ;mc1 Official Policies,
6.1 Rules re Permitted Uses, For the term of this Agreement,
the City'S ordinances. resolutions. TItles, regulations and official policies governing the
pernlitted uses of the Property. governing density and intenSity of use of the Propeny
and the ma.~urn height, bulle and size of proposed buildings shall be those in force
a..'1d effeer on the effeCtive date of this Agreement.
6.2 Rules re Design and Constnlct.inn. Unless otherv\.rise
e.'\.-pressly provided in Paragraph 5 of this Agreement, 'L~e ordinances, resolutions.
rules, reg-Jlations and official policies governing design. improvement and
construction standards and specifications applicable La Ule Project shall be th.ose in
force and effect at the time of the applicable discretionary Project Approval.
Ordina..1'"J.ces, resolutions, rules. regulations and official policies governing design.
improvement and consuuction standards and specifications applicable to public
improvements to be constrUcted by Developer shall be those in force and effect at the
time of the applicable permit approval.
-
6.3 Uniform Codes Armlicahle. Unless eJ..1'ressly provided in
Paragraph 5 of this Agreement, the Proj~ct shall he constructed in accordance 'with
the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire:
Codes and Title 24 of the California Code of Regulations, relating to Building
Stand2!'ds, in effect at t..he time of approval of the appropri~te huilding. grading. or
other construction pemuts for the Project.
7. Subseque.ntly Enacted Rules and Regu1:ltl(m"
7.1 New Rules and RegulaT_;on~, During the term afmis
Agreement, the City m.ay apply ne\V' or modified ordinances. resolutions. rules,
regulations and official policies of the City to the Propeny 'which were nOt in force
and effect on the effective date of this Agreement and which are not in conflict "ivim
those applicable to the Property as set forth in this Agreement if: (a) the application
DubHnf.Ab.mC!C:. Development AgTli../;",mt::nt
for Cas-..cn;:;m Pmjc"."t.
Page' 5 nf 17
July 13, 1998
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L1e application of such fees to the Properry is prospective; and (3) the application of
such fees would not prevent development in accordance ,vith this Agreement.
8.3 New T~xf'~. Any subsequently enacted c:ity-vddc taXes shall
-apply to the Project provided that: (1) the application of such t2..xes to the Property
is prospective;. and (2) the application of such taxes would not prevent development
in accordance 'with this Agreement. .
8.4 Ac;scssments. Nothing herein shall be consuued to relieve
we Propeny from 2ssessments levied against it by City pursuant La any statutory
procedure for me assessment of property t.o pay ror infrastructure and/or services
,,,hich benefit the Propeny.
8.5 Vote on rl1tllff' A~~f'ssment~ and Fees. In the event that
:l.."l.Y assessment, fee or charge which is applicable to the Property is suhjecr to -A..rticle
XIIID of the Constitution and DEVELOPER does not return iLs ballot, DE\lELOPER
agrees, on behalf of itself and its Sllcce.sSDrs, that CITY may count DEVELOPER's
D2110t as affirmativcly voting in favor of such assessment, fee or charge.
. -.
9. Amf'ndmp.nt Ar Cancellation.
9.1 ModificaLion Because of Conflict. with StAle or FP.QeT2./
taws. In the event that state or federallaVi.'5 or regulations enacted after the cffecLive
dare of t.llis Agreement prevent or preclude compliance vvith one or more provisio~s of
this Agreement or require changes in plans, lImps or pennitS approved by the CitY,
t..l'te parties shall meet and confer in good faith in n. rea.sonable attempt to modify this
Agreement to comply 'With such federal or state law or regulation. Any suc.i-t
amendment or suspension of the Agreement shall be approved by the City Council in
accordance v;rith Chapter 8.56.
9.2 Arnendmem bv MUT.uaI Consent. This Agreement may be
amended in writing from time to time by mutual consent of the parties hereto and in
accordance ,"vith the procedures of State law and Chapter 8.56.
9.3 Insub!ilMtial Amendments. NorwiLhstanding the
provisions of the preceding paragraph 9_2, any amendments to this Agreeme..."1.t which
do not relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the
pe:miued uses of the Prop en)' as provided in paragraph 5.2; (c) provisions for
"significant" reseIvation or dedic.ation of land 2.S provided in Exhibit B; (d) conditions,
DublinlA1zm=:d.a Devc:J()pm~T. Agreement
fOi C?SLcrson Project
Pa.~,c 7 uC 17
July 13, 1998
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renns:, restrieJons or requirements for subsequent discretionary actions; (e) the
de..."1Sity or intensity of llse of the Project; (f) the maximum height or size of proposed
buildings; or (g) monetary contributions by DEVELOPER as prmided in this
Agreement, shall not, except to the extc::m: omerwise required by law, require notice or
public hearing before either the Planning Conunission or the City Counal before the
parties may execute an amendment hereto. CITY's Public '!Vorles Director shaH
determine whether a reservatiun or dedication is "significant".
9.4 Amenclmr>nt of Project Approvals. Any amendmenL of
Project Approvals rdating to: (a) me permitted use of the Properry; (b) provision ror
reservation or dedication of land; (c) conditions, terms, restrictions or requirementS
for subsequent discretionary actions; (d) the denSity or intensity of use of the Project;
(e) the mmrnum height or size of proposed buildings; (f) monetary contriom:ions by
the DEVELOPER; or (g) public improvements to be constructed by DEVELOPER
shall require an amcndment of LItis AgTeement. Such amendment shall be limited to
thOSE provisions of this Agreement which arc implicated by the amendment of the
Project Approval. Any other amendment of the Project Approvals, Or any of them,
shall not require arncndmenl of this Agreement unless the amendment. of the Project
ApprovAl (s) relates specifically,to some provision of this Agreement.
9.5 C":ancelIalion h~r Mutual ConsrTIt. Except 2-' otherwise
permitted herein, this Agreement may be canceled in whole or in pan only by the
mutual consent of the parries or their SUccessors in interest, in acconlance Y~ith the
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and E,xhibit B
of Lhis Agreement prior to the date uf cancellation shall be retained hy CITY_
10. Tern1 of.l'roject Aflrmv;llc:;.
Pursuant to California Government Code Secuon 66452.6(a), the
Term of the vesting tentative map dt'$cribed in Recital F above shall automatically be:
c......"'tcnded for the lenn of rhis Agreement. The tenn of any other Project Approval
shall be e:\.'t.ended only if so provided in Exhibit. B.
11. .Annual Review.
11.1 Rf"\ri t"W Dat~. The an.."1.ual review date for this Agreemel1t
shall be August 15. 1999 and each August 15 thereafr.er.
Dublinl.Alamcda Development Agn~l.."ment
r~r C~st~on Project
Page 8 of 17
July 13. 1998
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11.2 Initiation of Review. The OTI"s Commnnity
Development Director shall initiate the unnual review, as required under
Section 8.56.140 of Chapter 8.56, by giving to DEVELOPER thirty (30) days'
written notice that the CITY intends to undenake such review. DEVEWPER shill
provide evidenr.e to the Community Development DirecLOr prior to the hearing on
tll::~ annual review, as and when rea.sonably determined necessary by the ConuHunil}'
_Development Di~ector, to dtmonsuate good faith compliance with the provisions of
the Development Agreement. The burden of proof by subsT3ntial evidence of
compliance is upon the DEVELOPER
OR, (j
11.3 Staff Reports. To the exlent practical, CITY shall deposit.
in the mail and fax to DEVELOPER a copy of all suff reports, and related exhibits
concen1ing conuact performance at least five (5) day.~ prior to any annual revieViT.
11 A ' Cmt.s. Costs reasonably incurred by CITY'in connection
\-v:iT.h the annt12l reV:Ie..v shall be paid by DEVEl .OPER in accordance vvith the City's
sdledule of fees in effcct at Lht 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 otherwise provided for in this Agreement or in City's regulations governing
development agreements, eJ..-pressly including the rcmedy of spedfic performance of
this Agreement. '"
12.2 Notice and Curt. Upon the occurrence of an event of
default by either party, the nondefaulting party shall serve vvritten notice of such
default upon the defaulting pany. If the default is not cured by the defaulting party
within thirty (30) days after service of such notice of defauJt. the nondefaulting p2rty
may then commence any leg.al or equitable action to enforce its rights under this
A,greement; provided. however. that if the default. cannot be cured within such thirty
(30) day period, the nondefaulting party 1:ihall refrain from any such legal or equitable
action so long as the defaulting party begins to cure such default within such thin)'
(30) day period and diligently pursues such care to completion. Failure to give notice
shall not constitute a waiver of any default.
12.3 No D:lm:lOf'<: .Al!ain!>t c:ny. In no event shall damages be
awarded against CITY upon an event of d~fault or upon tennination of this
Dublin! Al.:'lmeda Dev~lopment Agr~m~t
for Casterson Project
Pag~ 9 of 1 7
Jul): 13, 1995
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Agreement.
13. E~ioppel Certific:l.t~.
Either pa..rry may, at any time, and from time to lline, request
"written notice from the other party requesting such party to cenify in writing that,
(a) .this Agreement is in full force and effeCt and a binding obligat.ion of the parries,
(b) this Agreement has not been amended or modified eiLhcr orally or in vmting, or if
so amended, identitying the amendments, and (c) to the knowledge of the cerrifying
pany the requesting parry is not in default in the performa.i"1Ce of its obligations under
t.his Agreenlent, or if in default, to desc..-ibe therein the nature and amount of any
such defaults. A parry receiving a request herennder shall execute and return such
certificate within iliiny (30) days follmving the receipt. thereof, or such longer period
as may reaBonably be agreed to by the parties. City Manager of CiTY shall be
authorized to e..xecute any certificate requested by DEVELOPER.. Should the parry
receiving me request not execute and return such ce.nific.ate "v;lithin the applicable
period, this shall not be deemed to be a default, provided that such party shall he
deemed to have. certified that the statements in. clauses (a) through (c) of this section
are trut, and any parry may rely on such deemed C".enIfication.
14. Mon.~p.gee Protection: Cert.ain Rights of erne.
14.1 Mongagee Prorecr.inn. This Agreement shall be superior
and senior to any lien placed upon the Propeny, or any portion thereof after the date
of recording 'this Agreement. induding the lien for any deed of trust <?r mortgage :..
C'Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, r-ender
irsalid, diminish or impair me lien of any Mortgage made in good faith and for value,
but all r.he terms and conditions contained in this Agreement shall be binding upon
and effective against any person or entity, induding any deed of trust beneficiary or
mortgagee ("Mongagee") who acquires title to the Property, or any porJon thereof,
by foreclosure, trustee's sale.. deed in lieu of foreclosure, or othenvise.
14.2 Mortga:,:te Not Obli~ated. Norn1thstanding the provi~ions
of Section 14.1 above, no Mortgagee shall have any obligation Or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, 1.0 construct Or
complete the consuuction of improvements, or to b'Uarantee such const.'IUction of
improvements. or to guar.antee such conS"'...ruction or completion, or to pay, perform or
pr0\1de any fee, dedication, improvements Or other ex::iction or imposition; prm7ided,
hOi':.rever, t..luit a Mortgagee shall not be entitled to devote the Prop en)' to any w;es or
Dublin/AlamE:d::? Development Agr.:::m=:nt
fur Cisr.::rson Projecr
Paee 1 0 ()f 1 7
July 13,1998
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to COnStlUc:t ;my improvements thereon other than those uses ur improvem~nts
provided for Or authorized by we Project Approvals or by this Agre~ent.
n !i
14.3 Notice of Default to MonP'a~ee and EXtension of JUah! tQ
Cure. If CITY receives notice from a Mortgagee req;esting a cOPY' of any noti~~ of'
default given DEVELOPER hereunder and specii}ring the address for service L"r-tereor,
[hen CITY shall deliver to such 1v10rtgagcc, concurrently "ivith service thereon to
DEVELOPER, any not.ice given to DEVELOPER with respect to any claim by ern"
that DEVELOPER has committed an event of default. Each Mortgagee shall have
the right during the same pe-Tjod available tu DEVELOPER to cure or remedy. or TO
commence to cure or remedy, the event of default claimed set forth in the CITY's
nouce. CITY, through its City Manager, may eAiend the thirty-day cure period
provided in paragraph 12.2 [or not more rhan an additional siA1Y (60) days upon
request of DEVELOPER or a lvfortgagee.
1- S <T
:J . . t:vtra DLlIV.
The unenforceabiliry, invalidity or illegality of any provisions,
covenant, condition or term o{this Agreement shall not render the Other provisions
unenforceable, invalid or illegal.
16. Attornf':'i-'B' Fees and ~9StS.
If CrTI' or DEVELOPER initiates any action at law or in equity to
enforce or interpret the terms and conditions of this Agreement, the prevailing pa..~'
shall be entitled to recover reasonable attorneys' fees and costs in addition to any
other relief to which it may othe..~i.se be entitled. If any person or entity not a parry
to this AgreemenL initiates an action at law Or in equity to challenge the validity of
any provision of this AgreemeIlt or me Project .Approvals, the parties shall cooperate
in defending such action. DEVELOPER shall bear its ovvn costs of defense as a real
party 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 AssiV'lmems.
17.1 Ri~nt Tn A~,c:i~. It is anticipated that DEVELOPER may
sell the Prop::ny La another developer. /vl of DEVELOPER'S rights. interest}; ::!.nd
obligations hereu...'1der may be transferred, sold or assigned in conjunr..1.ion ivim the
Dublini Alameds. Development Agr......m::nt
ror Casterson Project
Pagi: 11 of 17
July 13. 1998
,':;, ~:;
be su.bject to t.'i-te provisions of paragraph 17_1.
17.5 Termination of A.~TTeement Upon S~lf' of rnrlividllal Lots to
Pll bl;('~
NOl\\'ithstanding any provisions of this Agreem~nt to the. cont.ralY, the
burdens' of this Agreement shall terminate as to any lo~ which has been finally
suhdivided and individually (and not in "bulk") leased (for a period oflonger'than one
year) or sold to u1e purchaser or user thereof and thereupon and without the
execution or recordation of any furt..lier document. or instrument such lot shall be
released from and no longer be subject to or burdened by tht provisions of this
Agreement; provided, however, that the benefits of this ."\,crreement shall continue to
l1.L."1 as to any such lot until a building is constructed on such lot, or until the
termination of this Agreement, if earlier, at which time thiS Agreement shill
tenrunate as to such lot.
18. A~f'f'ment Runs 'with the Land.
.All of the pro:visions, rights, terms, covenant<:. and obligations
contained in this Agreement shall be binding upon Lfle parries and their respective
heirs, successors and assignees, representatives, lessees, and all other persons acquiring
Lhe Property, or any portion thereof, or any interest therein, whether by operation of
la\:lv' or in any marmer whatSoever. All of the provisions of This AgreemenL shall be
enforceable as equitable servitude and shall constitute covenantS running with the
land pursuant to applicable laws, including, but not limited to, Se.ction 1468 of ihe
Civil Code of the State of California. Each covenant to do, or refrain from doin,(,
some act on the Property hereunder, or vvith respect to any o'i~led property, (a) is for
the benefit of such properties a.T1d is a burden upon Stic.h properties. (b) runs 'i,"Vith
such properties, and (c) is binding upon each party and each successive Clvner during
its ownership of such propenies Or any portion thereof, and shall be a benefit to and .a
burden upon each party and its properry hereunder and each other person succeeding
to an interest in such properties.
19. TIankru::,tcy.
The obligations of this Agreement shall not bc dischargeable in
banlauptcy.
Dublin/Alameda Developme...,t Agreement
ro:: C~'terson Proj~ct
P::.ge 13 of 17
July 13, 1998
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17.2 R~Jea<;e Upon Transf<;r. Upon the transfer, sale, or
assigmnent of all of DEVELOPER's rights, interestS and obligations hereunder
pursuant to subparagraph 17.1 of this Agreement, DEVELOPER shall be released
from the obligations W1der this Agreement, with respect to the Propeny transferred,
sold, or assigned, arising subsequent to the date of City Manager approval of such
transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or
assignee approved by the City Manager expressly assumes all of the rights, interests
and obligations of DEVELOPER under :thi.s Agreement, DEVELOPER shall be.
released 'With respect to all such rights, interests and assumed obligations. In any.
event, the transferee, purchaser, or assignee shall be subject. to all t.he provisions
hereof and shall provide all necessary documents, certifications and other necessary
information prior to City Manager approval.
17.3 Developers Right to Ret~in Specified Rights or
Obligations. Notwithstanding subparagraphs 17.1 and 17.2 and paragraph 18,
DEVELOPER may withhold from a sale, transfer or assignment of this Agreement
certain rights, int.erest~c; and/or obligations which DEVELOPER shall retain. provided
that DEVELOPER specifies such rights, interests and/or obligations in a written
document to be appended to this Agreement and recorded with the Alameda County
Recorder prior to the sale, tran~fer or assignment of the Property. DEVELOPER's
purchaser, transferee or assignee shall then have no interest or obligations for such
righLS, interests and obligations and this Agreement shall remain applicable to
DEVELOPER with respect to such retained rights, interests and/or obligations.
17.4 Permitted Transfer. Purchase or Assignment. The sale or
other transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to
. the exerdse of any right or remedy' under a deed of trUSt encumbering
DEVELOPER'S interest in the Property shall not require City Manager approval
pursuant to the provision of paragraph 17.1. Any subsequent transfer, sale or
assignment by the Purchaser to a subsequent transferee. purchaser, or assignee shall
be subject 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 and individually (and not in "bulk") leased (for a period of longer than one
year) or sold to the purchaser or user thereof and thereupon and without the
Development Agreemet'lt
for Casters on Project
Page 12 of 17
September 21, 1998
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20.
Indemnification.
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DEVELOPER agrees to indemnify. defend and hold harmless erTI,
2nd its elected ::ind appointed councils, boards, commissiuns, officers, agents,
employees, and represenIatives from any 2nd all claims, costs (including legal fees and
costs) and liability for any personal injury or property d.amage which may arise
directly or indirectly as a re~ult afmy actions or inactions by the DEVELOPER, or
:my actions or inactions of DEVELOPER's contractors, subcontractors, agents, or
employees in connecd.on "vim the construction, improvement, operation, or
maintenance or the Project, provided that DEVELOPER shall have no
indemnification obligation with respect IO negligence or 'wrongful conduct of CIn',
its conuaaors, subcontractors, agents or employees or 'with respect to the.
maintenance, use or condition of any improvement after the time it has been
dediC2ted to and accepted by the CITY or another public entity (e..xccpt as provided
in an irnprovemenr agreerm:nL or maintenancc bond).
2 L InC::llr::mc:e.
21.1 Public Lhhility and Propf"rty nam~~f', Tmmrance. During
Ll1e term of this Agreement.. DEVELOPER shall maintain in effect a policy or
comprehensive generalliabiliIY insurance ';>vith a per~occurrence combined single limit
ufnut less than one million dollars ($1,0007000.00) and a deductible ofnol 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.
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21.2' VV orkers Compensarion In~11ran.ce. During the term or this
~A.greement DEVELOPER shall maintain "'Torker1s Compensation insuranc.e ror all
persons employed by DEVELOPER for work at the Project site. DEVELOPER shall
require each c.ontractor and subcontractor similarly 10 provide Workers
Compensation insurance rur ilS respec-Jve employees. DEVELOPER agrees to
indemnify the City for any damage resulting from DEVELOPER1s failure to maintain
any such insurance.
21.3 E'\-ridenc.e of I nsur2.nce. Prior to City Council approval of
this Agreement, DEVELOPER shall furnish ern- satisfactory evidence of the
insurance required in SeC'J.ons 21.1 and 21.2 and evidence that the carrier is required
l.O give t..1Le CITY at least fifteen days prior VVlitte.,,"l. notice of the cancellation or
reduction in coverage of a policy. The il1.surance shall extend tu the OTI, its elective
DublWAls....'1.1.eda Devf'Jopme..."1t Agreement
for Ca.....~~on projt::d
Pag~ 14 of 17
July 13, J998
A Lit
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and appointive boards. commissions, officers, agent.s, employees and representatives D
and to DEVELOPER performing work on the Project.
22. ,c:./"'Wf'f and \'\Tater.
DEVELOPER acknowledges that it mlL~t obtain water and sewer
permits from the Dublin San Ramon Services DistriCt ("DSRSD") which is another
public agency not within the cU~1t101 of CITY.
23. Notices.
All notices required or provided for under this Agreement shall be in
'>'i'Iltmg. Notices required to be give.n r.o Cfry shall be addressed as follo'ws:
City Manager
City of Dublin
P.O. Box 2340
Dublin, C~ ~4568
Notices required t.o be given to DEVELOPER shall be addressed as fullows:
James Tong
Charter Properties
6601 Owens Drive, Suite 100
Pleasant on, CA 94588
A pany may change address by giving notice in ,vtiting to the other pa...'1:y and
mereaftet all notices shall be addressed a..",d transmitted to the new addre:!\!\. Notices
shall be deemed given and received upon personal delivery, or if mailed, upon the
ex-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 follov\ring day or
by facsimile uansmission which shall be deemed given upon verification of recdpt.
24.
APTCcment i::: Entire Under'!':;t.::mdin.lT.
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This Agreement constitutes the e.nure understanding and agreement
of me parties.
1)lIhlinl A.l2.tneda Development Agreement
for Castc~on Project
Pag::: 15 of 17
July 13, 1998
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Exhihits.
The follov.i.ng documentS are referred to in t.his Agreement and are
atta.ched hereto 2...T1d incorpor2t~d herein as though set fonh in full:
Exhihit A. Legal De$cription of Property
Exhibit B Additional Conditions
26. r:ounterpartS.
This Agreement is execu'ted in two (2) duplicate originals. each of
'which. is deemed to he.an original.
27. Recordation.
Cln shall record a copy uf Lhis Agreement ~':ithin ten days
following execution by all p~ies.
IN 'WITNESS ''''"HEREOF, the parties hereto have cau..<;cd this Agreement.
to be exec..uLed as of the date and year rust above written.
em OF DUBLIN:
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ATTE.ST:
By:
City Qerk
Date:
DuhlirJAL-une6 Development Agreement
for Ca....-u::.rson Proj:;ct.
h.gc 1 () of 17
Juiy 13, 1998
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~4.PPROVED AS TO FORM:
City Anorney
JA\ffiS TONG and MEl FONG TONG
Date:
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(NOTARIZATION AiTACHED)
EHS:*
;:\WPD\.lvlNRSW\114\lDN...GREE\CP.5TER_ D.626
Dublin/Alameda Development Agreement
for Caste:-son Project
Page 17 of 17
July 13,1998
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OCT-OI-B8 THU 13:23
MEYERS.NAVE,RIBACK&SILV.
FAX NO. 510 351 4481
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EXHIB TT R
Additional Conditions
The fol1O\ving Additional Conditions arc hereby imposed pursuant to
Paragraph 5.3 above.
SJ.lbparagraph 5.3.1 .... Subsequent Discretionary Approvals
None.
Suhparagraph 5.3.2 .. Mitigation Conditions
Subsection a. Infrastructure Sequen('"in~ Program
The Infrastructure Sequendng Program for the Project is set forth belo\iv.
(i) Roads:
,
The project..spedfic roadway impruvtmenLs (and offers of
dedication) described below and those identified in Resolution No. 98-13 of the
City of Dublin Planning Commission "Approving the V~!\ting Tentative Map and
Site Development Review for the Casterson Property" (hereafter "TlvI Resolution")
shall be completed by DEVELOPER to the satisfaction of the Public Works
Director aL the times and in the manner specified in the Tl\1 Resolution unless
othen'irise provided below. }Jl such road"vay improvement.<; shall be constructed to
the satisfaction and requirements of CITY's Public Works Director.
A. 1.580 at Santa Rh;:! RO:ldffassaJar::l Road Eastbound Qff Ramp
The Public Works Director shall determine when the eastbound off-
ramp from 1.580 at the Santa Rita/Tassajara Road exit shall be '\\1dened or restriped
to provide one exclusive through lane and two left~tun11anes (with the existing free
light-turn lane remaining). In conjunction V\rith this improvement, the trdffic signal
shall be modified to provide protected left-turn phasing on the east and west legs
(removing the existing split phasing). The Public \Vorks Director shall also
determine \Ivhen the westboW1d approach on Pimlico Drive will need to provide a
second left turn lane.
DubliIV Alameda Deyelopmem Agretcmcnt
fot C;lstt>;ti;OI\ Project ~ Exhibit B
Page 1 of 11
October 1, 1998
P, 02/11-
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MEYERS,NAVE,RIBACK&SILV.
FAX NO. 510 351 4481
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Within one year of notification by the Public Works Director, unless a
otherwise consuucted by others and provided consent from Caltrans and the City
of Pleasanton, if necessary, has been obtained, DEVELOPER shall design and
consUuct these improvements to the satisfaction of the Public Works Director "vith
input frOln the City of Pleasanton where applicable. To the e>..1.ent practkal, the
notice shall be timed so that the 'work shall ~e completed immediately prior to the
pOint where Level of Service E occurS.
/
B_ TaRs~j~r:l Road (Proje.c.t Frontage)
Condition 6.1 (d) of Resolution N. 98-13 shall be revised to read as
follows:
"Tassajara Road shall be dedicated to provide an additional 31'
of right-of~way (641 fro~ centerline to right-of-way line).
DEVELOPER "Will \viden Tassajara Road along the Project
frontage t.o the ultimate pavement configuration.. The required
improvements shall ~nc1ude the fo11ovving: landscaping; one 20'
southbound lane, nvo additional 12' southbound lanes and a
16' improved landscaped median.
DEVELOPER \\ri11 construct these improvements prior to
issuance of the 76th building permit for the Project, unless these
improvements have been constructed by another developer or
:;mother developer has entered into an improvement agreement
\vith CITY for such improvementS and has provided CrTI'vvith
a perfoffiiance bond and labor and materials bond.
C. Tassajara Road (Dublin Boulevard to Project)..Int.edm
Improvements
DEVELOPER shall \viden and restripe Tassajara Road from the
nort.hem edge of the Property south to Dublin Boulevard to provide: a 12' vviek
minimwn left turn pod(et into the sile, adequate turnouts, through lanes,
uansitions and 4' shoulders, and shall repair all failed pavement, to the
specifications of the Public Warks Direc:tor. These intelim improvements shall be
completed no later than Certificate of Occupancy for the first unit, unless the
permanent or these interim improvements arc constructed by others prior to that
Dublin/Alameda De'\'dopmcnt Agreement
for Casterson ProJect - Exhibit B
Page 2. nf 11
October I, 1998
r P. 04/11
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MtYt~S,NAVE,~l~AGK&SILV.
FAX NO. 510 351 4481
tim.e.
D. Miscellaneous
T!1e obligations of subparagraph (A) above shall be of no force or
effect until DEVELOPER obtains the first building permit for the Project. Once
effective, such obligations shall survive termination of this Agreement.
DEVELOPER shall be responsible for transitioning e..xisting
improvenlents to match improvements required by this Agreement, incltlding
dedications, to the satisfaction of the CITY's Public 'VVorks Director.
The improvements to Tassajara Road required for the Project lllay
require the acquisition of a small portion of land from either or both of t.ne
adjacent landov.rners (t.o the north or south). In such event, DEVELOPER Vii]]
acquire such land at itS ovm cost. If DEVELOPER is nnable to acquire such land
by agreement, CITY agrees to. exercise its power of eminent domain to condernn
such land, in which event DEVELOPER agrees to pay the cost of the hmd plus all
of CITY's costs associated 'with the acquisition, induding CITY's attorneys fees.
No credit against the Eastern Dublin Traffic IrnpacL Fee 'will be granted for such
land.
(ii) Sf'we:r
All SanitalY sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with the tentative
map and DSRSD requirements.
(Hi) 'Vatel:
An all weather access roadway and an approved hyclrant and waler
supply system shall be available and in service at the site in accordance with the
tentative nlap to the satisfaction und requirements of the CITY's fire department
(ACFD) prior to any combustible mat.erials being delivered to the Property.
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.All potable water system components to serve the project site (or any .
Dublin/Alameda Development Agreement
for Casterson Project - Exhibit B
P aee 3 of 11
October 1, 1995
OCT-01-98 THU 13:24
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FAX NO. 510 351 4481
p, 05/1+
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recorded pha.c;;e of the Project) shall be completed in accurdance Vvi.th thc tcntative
map and DSRSD requiremenLS.
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Recycled water lines shall be installed in accordance .with the
tentative. map or as may be approved by DSRSD.
(iv) Storm Drainage
Plior to issuance of the first Certificate of OC;L"upancy for any
building which is part of the Project1 the StOI111 drainage systems off site, as well as
on site drainage systems to the areas to be occupied, shall be improved t.o the
satisfaction and requirements of the Dublin Public: Works Deparnnent applying
CITY's and Zone 7 (Alameda County Flood Control and Water Conservation
District.1 Zone 7) standards and policies which al'e in force and effect at the time of
issuance of the pemut for the proposed improvements and shall be consistent ,vith
the Drainage Plan. The site shall also be protected from storm flow from off site
and shall have erosion control measures in place to protect downstream facilities
and properties frOIIt erosion al~d unclean StOl111 water consistent "vith the Drainage
Plan. .As used herein, "Drainage Plan" shall refer to CITY's approved master
drainage plan.
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(v) Other Utilities (e.g. gas. electricity. cable televisions. telephone)
Constmction of other utilities shall be complete by phase prior to
issuance of the first Certificate of Occupancy for any building ,vithin that spedne
phase of ocaipancy.
~ubsectio:n h. Misct'"ll~np.ot1~
(i) Completion l\1ay be DefelTed.
NotV\rithst.anding the foregoing. CrITs Public Works Director may,
in his or her sole discretion and upon receipt of docwnentation in a form
satisfacLory to the Publie Works Director that assures completion1 allow
DEVELOPER to defer completion of discrete portions of :my of the above public
improvement.~ until after final inspection of the first building permit for the ProjecL
if the Public VvorIes Director deLennines that to do so would not jeopardize the
public healt..~, safety or welfare.
Dublin/Alameda Development AgreemcJ:lt
for CaSters on Pruiett - Exhibit n.
Page 4 of 11
October 1, 1995
OCT-Ol-t:m THU IJ:~b
MEYERS,NAVE,RIBACK&SILV.
FAX NO. 510 351 4481
? 08/11
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(ii) Imprnve.ment Agreen1..e.nt
Prior to constructing the Improvements described in Subparagr;Jph
5.3.2(a) above, DEVELOPER shall submit plans and specifications to CIITs Public
Warks Director for review and approval and shall enter into an improvement
agreement \vith CITY for construction and dedication of the public facilities. All
such irnprovemcnts .shall be constructed in accordance '\'1th City's standards and
policies which are in force and effect at the time of issuance of the permit for the
proposed improvement.<;, including, but not limited to, "Preese Plans" for Eastern
Dublin Santa Rita Area prepared for me Surplus Property AUthOlity by Brian
Kangas Foulk
Tn the event that CITY enters into an Improvement Agreement \vith
an optionee of DEVELOPER and accepts bonds from a surety who is obligated to
such optionee 3.J.'1.d the option to purchase the Property is not exercised,
DEVELOPER shall remain obligated to construct the improvements which were the
subject of the Improvement Agreement. DEVELOPER agrees that in that event it
'will not. be entitled to a building permit for any building(s) on the Property until
t.'he iInprovements arc constructed or DEVELOPER enters into an Improvement
Agreement with CITY secured by bonds, as specified in (Hi) below. This paragraph
shall survive tem1ination of the Agreement.
.
(Ui) Bonds
Prior to execution of the Improvement Agreement, DEVELOPE~ (or
its optionee, 'with the approval of the Public Works Director) shall provide a cash
monwnent bond, a perfom1ance bond and labor and materials bond or other
adequate security to insure that the Improvements desClibed in Subparagraph
5_3.2(a)(i) above "vill be constructed prior to the times specified above. The
performance bond or other seomty shall be in an amonnt 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 engineers estimate. TIle bonds shall be
"ivritten by a surety licensed Lo conduct business in the State of California and
approved by CITIs City Manager.
(iv) ~ht to Construct Additional Road Improvements
.
l)ublin/ Alameda Development Agreement
for Casterson Project. Exhibit B
Page 5 of 11
October 1, 1998
UIJI-UL-;;:;lU Inu !jjcO
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With the prior 'Written consent of CITY's Public '\"'orks Director, D,f4T1
DEVELOPER may at DE~LOPER's option construct roadway improvements
which are not desClibed in this Ex.h..ibil B if such improvements are desaibed in the
resolution establishing the Eastern Dublin Traffic Impact Fee and if such
improvements are constlueted in their ultimate lor..at.ion.
DEVELOPER 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
DEVELOPER for the cost of such in1provernents in the manner and subject Lo the
conditions provided in Subparagraph 5.3.6, Subsections (a) and (b).
(v) Construction of Tassajara R()::!rt Improvements Under Qne
ContrPlct
DEVELOPER ackno'wledges that it is in the best interest of
DEVELOPER and CITY that improvements to Tassajara Road from North Dublin
Ranch Drive to Dublin Boulevard be consLructed under one conuact to avoid
traffic delays, noise, dust and other COnsLrucuon related inconveniences to the
general public and the future residents of the Project. CITY may require another
developer to construct all improvements to Tassajara Road frOlll North Dublin
Ranch Drive to Dublin Boulevard that are required for that other project (including
improvementS which are included in the Eastern Dublin Traffic Impact Fee and
those which are not). In such event, DEVELOPER agrees that it'Vllill allow, and
\\1.11 enter into sueh agreements as necessary t.o enable, such othe~ developer to _
constnlCt. the improvements to Tassajara Road along the frontage of ule Project
which are required for this ProjecL as part of the other developer's construction
contract. These improvements shall be as shown on the "Precise Plans" for Eastern
Dublin Santa Rita .Area prepared for the Surplus Property Authority by Brian
K;l nga~ Foulk.
Subparagraph 5.3.3 -- Ph~dng. Tinling
With the exception of the road improverntnLs described in Subparagraph
5.3.2(a)(i), this Agreement contains no requirements that DEVELOPER must
initiate or complete development of the Project within any period of time set by
CITY. It is the intention of this provision that DEVELOPER be able to develop the
. Property in accordance 'with its own time schedule and the: Project Approvals.
Dublin! Alameda Development Agreement
fnr C.3..Ste.rson Project - Exhibit B
Page 6 of 11
Ot....tuber 1. 1998
OCT-01-98 THU 13:26
.MEYERS,NAVE,RIBACK&SJLV.
FAX NO. 510 351 4481
P. 08/11~
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Suhpnrav-aph [).3.4 .. Financing Plan
DEVELOPER will install all street improvements n~cessary for the Project
at its mvn cost (subject to (rf.dit~ for certain improvements as provided in
Subparagraph .5.3.6 below).
Other infrastructure necessary to provide sewer, pot.able water. and
recycled water services to the Project \vill be made available by the Dublin San
Ramon Services District. DEVELOPER has enlered into an IIArea \Vide Facilities
Agreement" vvitll the Dublin San Ramon Services District to provide for e>..'tending
such services to the Project. Such services shall be provided as Sf.t forth in
Subparagraph 5.3.2(a)(ii) and (Hi) above.
Subparagra!)h 5.3.5 -- fees, Dedications
~ubsection ::I. TraffiC' Impact Fees.
DEVELOPER shall pay a Traffic Impact Fee for Eastern Dublin in the
amounts and at tlle times at r,uilding pemlit set forth in City of Dublin Resolution .
No. 41-96, or in the amounts and at the times set forth in any resolution revising ·
tl1e amount of such fee.
Subsection b. Traffic Impact Fee to Reim hT1T',~e Plea~anton for Freeway
Tntp,rchanges.
DEVELOPER shall pay the Eastern Dublin 1-580 Interchange Fee
established by City of Dublin Resolution No. J. l.9n or any subsequent resolution
whic.h revise~ such Fee. DEVELOPER shall be released from its obligation, as set
forth in the preceding sentence, if a lawsuit is filed challenging the Project
approvals, this Agreement, the Citys compliance with CEQA for the Project, the
Easte111 Dublin Traffic Impact Fee or any other aspect of the development of the
Property.
In the event. that the Eastern Dublin I~580 Interchange Fee does not.
become effective because CITY .and the City of Pleasanton do not enter into an
agreement, as provided in Resolution No. 11~96, by December 30, 1998,
DEVELOPER a,b'Tt:ts Lhat CITY may use the funds collected pursuant to the
preceding paragraph for any interchange improvements on r~5RO.
.
Dublin/.Abmeda Development Agn~e.ment
for Castersun Project. Exhibit B
Page 7 of 11
October 1. 1998
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MEYERS.NAVE,RIBACK&SILV.
FAX NO. 510 351 4481
P. 08/11-
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Suh~ectiQnL.
Puhlic Facilities Fees.
DEVELOPER shall pay a Public Facilities Fee in t.he amounts and at the
tinles set forth in City of Duhlin Resol~tion No. 32w96, 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. .
Subsection d. Noise Mitigation fe.e.
DEVELOPER shall pay a Noise Mitigation Fee in the amounts and at the
times set forth in City of Dublin Resolution No. 33-96, adopt.ed by the City
COU1101 on March 26. 1996, and any amendments thereto.
Subsection e. School Impact Fees.
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School impact fees shall be paid by DEVELOPER in accordance with
Government Code section 53080 and the Eastern Dublin School Mitigation
Agreement berween the Dublin Unified School District and Clyde Casterson.
SUb"N,:t;on f. Fire Impact Fe..e.&
DEVELOPER shall pay a fire facilities fee in the amounts and at the times
set forth in City of Dublin Resolution No. 37-97 or in the amounts and at the
times set fmth in any subsequent resolu~~on which revises such fee.
Subsection g. Tn-Valley Transportation Development Impact Fee,
DEVELOPER shall pay the Tri-Valley Transportation Development Fee
in the amount and at the times set forth in Clly of Dublin Resolution No.89-98 01'
in the amounts and at the times set forth in any subsequent resolution which
revises such fee .
Subsection h. Reim.bursement for Annexation Area Public Servk.t":
Costs
CITY and the Lins art parties to an agreement entitled U Anne..'tation
Dublif\/Ala..-ncda Development Agr~ement
for Casterson Project - Exhibit B
Page 8 of 11
October 1. 1998
OCT-01-88 THU 13:27
MEYERS,NAVE,RIBACK&SILV.
FAX NO. 510 351 4481
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Agn:ement Between City of Dublin and the Lins" (hereafter u. Annt'Xation
Agreement") dated October 10, 1994 and recorded at #95053080 on March 9,
1995. The ArmexaLion Agreement requires the Lins to pay to the CITY each year a
certain amount for the CITY's costs of providing public. ~f.l'vices to the area annexed
by. CITY in 1995, pursuant. t.o applications filed by tl~e Lins and Clyde Casttrson,
the former oVvner of the Property. The arnounL to be paid by the Lins to CITY is,
generally, the difference between the cost of providing public services to the area
anne...xc.d and the revenues derived from such area.
The Property was included in the 1995 annexation to the City which
included the Lins' property. The Property represents 1.248% of the property
annexed to the CITY in 1995 (19.19 acres out of a total of 1537.6 acres). It is
agreed th1lt DEVELOPER ha~ benefitted from the annexation of the Property to
CITY in 1995.
Accordingly, within 30 days of the Effective Date, DEVELOPER agrees to
pay to CITY the amount. of $4.502.23 which representS 1.248% of the actual
Annexation Area Public Servi~e Cast.o,; for Fiscal Year 1995-96 to 1997-98 plus an
estimate of such costs for Fiscal Year 1998-99. e
DEVELOPER further agrees to pay 1.248% of the amount which tJll:: Lins
are required to pay to CITY pursuant t.o the Annexation Agreement (and any
amendments to such agreement) from and after June 30, 1999. Such payment Vi.~n
be made by October 30 of each year. Such payments by DEVELOPER to eIn
shall contintie until Iins are no longer required to make paYIIlents for public -
serVices pursuant to the Armexauan Agreement.
.All monies received by CITY from DEVELOPER pursuant to this
subsection shall be remitted by CrTY to the Lins pursuant ~o Section I(F) of the
Annexation Agreement.
Sub~ection i. Dedirntinn~.
DEVELOPER agrees to dedicate the following property required for
roadway improvements to CITY in fee simple and both the land and groundwater
shall be free of hazardous sub~tances:
I. Any additional right of .......ray and/or easements necessary to constnlcte
Dublin/Alameda Development. Agreement.
for Casters on Project - Exhibit B
Page 9 of 11
October 1, 1992
VVI~Ul OU Inu l~.CI
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the intersection improvements and transitions listed in Subparagraph 5.3.2(a)(i)
above.
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Subparagraph 5.3.6 -- Credit
Subsection a. Traffic Impact Fee Improvements ~- Credit
. .
CITY shall provide a credit to DEVELOPER for the following
improvement." if such improvements are described in the resolution establishing the
Eastern Dublin Traffic Impact Fee and if such improvements are constructed by the
Developer in their ultimate location pursuant this Agreement:
1) Improvements to the eastbound off-ramp from 1-580 at Santa
llita!Tassajara (Subparagraph 5.3.2 (a)(i)(A)); and
2) Improvements to Tassajara Road (2 lanes and median only)
(subparagraph S.3.2(a)(i)(B)).
.All c.speets of use of.the credits shall be governed by guidelines to be
adopted by CITI.
Subsection b. Traffic Impact Fee Right..of..Way Dcdicatjon~ -- Credit
CITI shall provide a credit to DEVELOPER for the following TIF area
right-of-way to be dedicated by DEVELOPER to CITY which is required [or "--
road\vay improvements which are described in the resolution establishing the
Eastenl Dublin Traffic Impact Fee:
1) .Any portion of Tassajara Road described in Condition 6.1(d) of
the TM Resolution whIch is 1vithin the TIF area; and
All aspects of use of the credits shall be governed by guidelines to be
adopted by CITY.
Subparagraph 5.3.7 -- l\1iscell~neous
Suh~ection a. Landscaping Maintenance .Along Streets and Creek
Dublin/Alameda Development Agrfof'm~nt
for Casterson ?roject - Exhibit B
Page 10 of 11
October I, 1998
OCT-02-98 FRI 14:40
MEYERS,NAVE,RIBACK&SILV,
FAX NO, 510 351 4481.
p, 02/02-
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Pursuant to Conditions 11.1 and 17.1 of Resolution No. 98-13, the
Homeovm.ers Association t.o be f01111ed by recorded Covenants.. Conditions and.
Resuictions (CC&R's) will maintain the landscaping '\Nithin me public righlpof-way
along Tassajara Road and landscaping along Tassajara Creek. The Ce&R's will
require the HomeO\\lners Association to obtain an on-going encroachment pern1it
from CIn" for such nlaintenance and to defend and indenmify the CITY against
any claims ariSing OUt of the maintenance of such lanuscaping and to name the
CrTI' as an additional insured on the Homeowners Association's policy of liability
insurance.
Subsection b Plaque
DEVELOPER \vill create and erect a pem1anently mounted (in concrete)
plaque in the park/tot lot at the southeast corner of Casterson Drive and "D" Street
(Palomares Drive) identifying the sire as the previous location of the Casterson
family homestead. The \-yording of the plaque shall be approved by Clyde
Casterson and the City's Community Development Director.
E..~S:.""'UL:ri3
J:w\'rD\M!~RS\'\I\ll.:t\l 07\AGREE\CAST _EXa.OO 1
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Dublin/Ala....--ncda Development Agreement
for Castcrson Project ~ Exhibit B
P~ge 11 of 11
Octobe.r I, 1998