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HomeMy WebLinkAboutItem 4.13 DA CaliforniaCreekside . CITY CLERK File # D~[Q~-~~ - AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 7, 1998 SUBJECT: Annual Review of Development Agreements for California Creekside (P A 95-048) ~ (Report Prepared by Denms Carrington, Senior Planner/Zoning Administrator) EXHIBITS ATTACHED: 1) Development Agreement Between the City of Dublin, the Surplus Property Authority of the County of Alameda and Kaufman and Broad of Northern California, Inc., for California Creekside recorded July 15, 1996. RECOMMENDATION: ~ Make a motion that developer has complied in good faith with the terms and provisions of the Development Agreement and conclude the Annual Review. FINANCIAL STATEMENT: -BACKGROUND: The fiscal impact of this project was addressed as part of a fiscal analysis performed for the approved project. The Annual Review of Development Agreements is required by State law and the City's Municipal Code. During the review period the City Council has the opportunity to review the compliance of the parties of the Agreement and either determine the parties are in compliance and conclude the review; or, if the City Council determines that parties have not complied in good faith, the City Council may modify or terminate the Agreement. The burden of proof of good faith compliance is on the developer. If the City Councilor Staff has concerns about the compliance of a particular Development Agreement, the report could be either 1) scheduled as a public bearing by staff; or, 2) pulled from the consent calendar by the City Council and set for a public hearing at the next City Council meeting. Staffhas scbeduled this Development Agreement annual review for the consent calendar because it appears to be non-controversial and the developer has evidenced compliance with the terms of the Agreement. .- ------------- - --- ----------- . COPIES TO: Alameda County Surplus Property Authority .. Kaufman and Broad of Northern California In-House Distribution ITEM NO. 4.1J ANNeAL REVIE'V: Development Agreement relating to the California Creekside Project: Significant progress has been made on the California Creekside Site. The 154 single family dwellings are . now all occupied. All of the 123 multi-family units have now been sold. Public improvements such as the pool and landscaping within the project are complete. Landscaping along Dublin Boulevard will be replaced or improved by mid July. Conclusion: The Developer has complied in good faith with the terms and conditions of the Development Agreement during the past year. . RECOMMENDATION: Staff recommends that the City Council make a determination that the developer has complied in good faith with the terms and conditions of the Agreement during the past year and conclude the period of reVIew. G:\95048/daarsrl . . -~- . -. . Recording Requested by: Recorded in Official Records of Alameda Co. Pa~rick O'Connell, Clerk-Recorder IIllmmlUIII~1 No Fee 96173234 3:49pm 07/15/96 005 28033002 28 08 A15 27 7.00 78.00 0.00 0.00 0.00 0.00 0.00 0.00~ City of Dublin VVhen Recorded Mail To: Ciry Clerk CilV of Dublin 100 Civic Plaza Dublin, CA 94568 Space above this line for Recorder's Use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUN .-AND THE SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF AIAMEDA AND KA.UFMAN AND BROAD OF NORTHERN CALIFORNIA., INC. For the East Dublin Residential Project [ California Creekside] 1 May 31. 1996 EXHIBIT 1 96/-:r-,...."..... I ~ / < 1. . .\-.,-Wi THIS DEVELOPMENT AGREEMENT is made and entered in the Citv of Dublin on this 27th day of June, 1996, by and between the CITY OF DUBLIN, a Municipal Corporation (hereafr.er "City"), SURPLUS PROPERTY AUTHORlTY OF 'THE COUNTY OF ALAMEDA, a Public Corporation (hereafter "COUNTY"), and KA.UFMAN .AND BROAD OF NORTHERN CALIFORNIA., INC., a California corporation (hereafter "Developer"), pursuant to the authority of ss 65864 et seq. of the California.Government Code and Dublin Municipal. Code, Chapter 8.12. . RECITALS A California Government Code SS 65864 et seq.and Chapter 8.12 of the Dublin Municipal Code (hereafter "Chapter 8.12") 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 DEVELOPER to enter inw a development agreement; and . D. DEVELOPER desire~ to develop and holds legal interest in certain real property consisting of approrimately 35 A acres of land, located in the CiTY of Dublin, County of Alameda, State of California, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference, and which real property is hereafter called the "Property"; and E. COUNTY is the owner of real property in the City consisting of approximately 620 acres, which includes the Property described in Exhibit 6:. F. DEVELOPER proposes the development of the Property "With 154 single-family detached homes and 123 townhomes; (the "Project"); and G. DEVELOPER has applied for, and CITY has approved, various land use approvals in connec-Jon ,vith the development of the Projea., including a PD Disuict rezoning (Ord. No. 9-96), a resolution establishing general provisions for a Planned Development rezoning (Resol. No. 55-96)), tentative map (Planning . 2 May 31. I 996 . . . Uti /".( / -',. .J 0 V ~ .]...,. . . Commission Res. No. 96-11) and site development review (Planning Commission Res. No. 96-11) (collectively, together with any approvals or permit.S now or hereafter issued with respect to the Project, the "Project Approvals"); and H. Development of the Propeny by DEVELOPER may be subject to cenain future discretionary approvals, which, if granted, shall automatically become part of the Project Approvals ~ each such approval becomes effective; and I. CITI desires the timely, efficient, orderly and proper development of said Project; and J- The Master Development Agreement approved by CITY Resolution No. 1#95 was used as the format for negotiating this Agreement; 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 8.12; and L. CITY, COUNTI and DEVELOPER have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project subject to conditions set forth herein; and M. Pursuant to the Calif<;>rnia Envirorunental Quality Act (CEQA) the CiIY has found, pursuant to CEQA Guidelines section 15182, that the Project is vvi:[hin the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan which was certified by the Cormcil by Resolution No. 51-93, and the Addenda dated May 4, 1993 and August 22, 1994 (the "ErR") and found that the EIR was adequate for this Agreement; and N_ On May 28, 1996, the CiIY Council of the City of Dublin adopted Ordinance No. 10-96 approving this Development Agreement- The ordinance took effect on June 27, 1996. NOV\T, THEREFORE, with reference to me foregoing recitals and in consideration of the mutual promises, obligations and covenanT.S herein contained, erTI, COUNTI and DEVELOPER agree as follows: 3 May 31, 1996 96173234 AGREEMENT . I. Description of Property. The Propeny which is the subject of this Development Agreement is described in Exhibit A attached hereto ("Propeny"). 2.. Interest .of Developer. The DEVELOPER has a legal or equitable interest in the Property in that it has a contract or option to purchase the Property from COUNTY in fee simple. DEVELOPER shall have no obligation hereunder unless and until it purchases the Property and takes title to the Property or any portion thereof. 3. Relationship of City. County and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by CIIT, COUNTY and DEVELOPER and that neither the COUNTY nor DEVELOPER is an agent of CIIT. CITY, COUNTY and DEVELOPER hereby renounce the existence of any form of joint venture or . partnership berween them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making CITY, COUNTY and/or DEVELOPER joint venturers or partners. 4. Effective Date and Term. 4.1 Effective Date. The effective date of this Agreement shall be the date upon which this Agreement is recorded in the Office of the Alameda County Recorder. 4.2 Term. The term of this Development Agreement shall corrunence on the effective date and eA'tend five (5) years thereafter, unless said term is otherwise terminated or modified by circwnstances set forth in this Agreement. 4 May 31. 1996 . . . . 'j b Ii.'; I '''/ r. I "-"" _ v-: :>. Use of the Property. 5.1 RiE'ht to Develop. Developer shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of :this Agreement, the Project .Approvals (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 Propeny, 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 utilities and other terms and conditions of development applicable to the Propeny, shall be those set forth in this Agreement, the Project .Approvals and any amendments to this Agreement or the Project Approvals. 5.3 Additional Conditions. provisions for the following ("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated herein by reference. 5.3.1 Subsequent Discretionary Approvals. Conditions, terms, restrictions, and requirements for subsequent discretionary actions. (These conditions do not affect Developer1s responsibility to obtain all other land use approvals required by the ordinances of the City of Dublin.) Not Applicable 5.3.2 Miti~ation Conditions. Additional or modified conditions agreed upon by the parties in order to eliminate or mitigate adverse environmental impacrs of the Project or otherwise relating to development of the Project. See Exhibit B 5.3.3 Phasin~. 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 .) Ma~.. 31. 1096 Q 6 /' -, --. ') 3 ," ..; I .J c.. 4- 5.3.4 Financin~ Plan. Financial plans which identify necessary capital improvements such as sueet.S and utilities and . sources of funding. See Exhibit B 5.3.5 Reimbursement. Terms relating to subsequent reimbursement over time for financing of necessary public facilities. See Exhibit B 5.3.6 Fees. Dedications. Tenns relating to payment of fees or dedication of property. See Exhibit B 5.3.7. 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 Propeny, governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those in force . and effect on the effective date of this Agreement. 6.2 Rules Ie Desi~ and Construction.. Unless otherwise c.'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. Ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to public improvements to be constructed by DEVELOPER shall be those in force and effect at the time of the applicable permit approval. 6.3 Uniform Codes Applicable. Unless eA'Pressly provided in Paragraph 5 of this Agreement, the Project shall be constructed in accordance with the provisions of the California Building Codes (Building, Mechanical, Plumbing, and Electrical) 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 consrmction permitS for the Project. 6 Mav 31. 1 '?96 . . . . 96/73234 7. Subsequenuy Enacted Rules and Re~ations. 7.1 New Rules and Regulations. During the term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property which were not in force and effect on the effective date of this Agreement and which are not in conflict vvith those applicable to the Property as set fonh in this Agreement if the application of such new or modified ordinances, resolutions, rules, regulations or official policies would not prevent or materially delay development of the Property as contemplated by mis Agreement and the Project Approvals. 7.2 Approval of Application. Nothing in this Agreement shall prevent the CITY from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies except that such subsequent actions shall be subject to any conditions, terms, reStrictions, and requirements eA-pressly set forth herein. 7.3 Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of CITY, by initiative, referendum, or 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 Property, 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 Goverrunent Code S 8558. 8. Subseouentlv Enacted or Revised Fees. Assessments and Taxes. ~ . 8.1 Fees. Exactions. Dedications. CITY and DEVELOPER agree that the fees payable and exactions required in connection with the development of the Project for purposes of mitigating environmental and other impacts of the Project, providing infrastructure for the Project and complying with the Specific Plan shall be those set forth in City CoUncil Ord. No. 9-96, City Council Reso. No. 55-96, and Planning Commission Reso. No. 96-11, and in this Agreement. CITY shall nm. impose or require payment of any other fees, dedications of land, or consuuction of any public improvements or facilities, in connection with any subsequent discretionary approval for the Properry, except as set fow in those approvals and this Agreement. 7 Mav 3 1, I 996 Q 6 1""";......?......1 oJ / .J _ J ...;. 8.2 Revised Application Fees. .Any e:cisting 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) l;he 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. 8.3 New Taxes. .Any subsequently enacted city-'wide taxes shall apply to the Project provided- that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent development in accordance with this Agreement. 8.4 Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 9. Amendment or Cancellation. 9.1 Modification Because of Conflict with State or Federal La,ys. 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 federaJor state law or regulation. .Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with Chapter 8.12. 9.2 Amendment by Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the parries hereto and in accordance vvith the procedures of State law and Dublin Ordinance No. 8-91. 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 me Property as provided in paragraph 5.2; (c) provisions for reservation or dedication of land as provided in Exh.ibit B; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Project; (f) the maximtun height or size of proposed buildings; or (g) monetary contributions by DEVELOPER as provided in this Agreement, shall . 8 May 31, 1 096 . . -. 96/7"'......')/ ,-.5:::v.....: not, except to the o..'tent otherwise required by law, require notice or public hearing berore either the Planning Commission or the City Council berore the parties may e.xecute an aInendment hereto. 9.4 Amendment of Project Approvals. Any amendment or Project Approvals relating to: (a) the permitted use or the Property; (b) provision for reservation or dedication of land; (c) conditions, terms, restrictions or requirements ror subsequent discretionary actions; (d) the density or intensity or use of the Project; (e) the maximum height or size of proposed buildings; (f) monetary contributions by U1e DEVELOPER; or (g) public in1provements to be constrUcted by DEVELOPER shall require an amendment of this Agreement. .Any other amendment or the Project Approvals, or any or them, shall not require amendment or this Agreement unless the amendment of the Project Approval(s) relates specifically to some provision or this Agreement. 9.5 Cancellation by Mutual Consent. Except as othervvise 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 vvith the provisions or Chapter 8.12. .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. 10. Term of Project Approvals. Pursuant to California Government Code Section 66452.6(a), the term of the tentative map described in -Recital G above shall automatically be eA'1.ended for the term of this Agreement. The term of any other Project Approval shall be extended only if so provided in Exhibit B. 11. Annual Review. 11.1 Review Date. The annual review date for this Agreement shall be June 1, 1997, and each June 1, thereafter. 11.2 Initiation of Review. The CITY's Community Development Director shall initiate the annual review, as required under Section 8.12.140 of Chapter 8.12, by giving to DEVELOPER thirty (30) days' "vrinen notice that the CIn intends to undenal(e such review. DEVELOPER shall provide evidence to the Communiry Development Director prior to the hearing on me annual review, as and when reasonably determined necessary by the Cornmunil)i 9 May 3 1. 1 OC)6 Qr [,r.r-r./ ..;D / ',/ '-'. ~..,.., ___ w '-~ Development Director, to demonsuate good faith compliance with the provisions of the Development Agreement for the purposes stated in Government Code Section . 65865.1. The burden of proof by substantial evidence of compliance is upon the DEVELOPER 11.3 Staff Reports. To the eA't.ent practical, CITY shall deposit in the mail and fax to COUNTY and DEVELOPER a copy of all staff reports, and related exhibits concerning contract performance at least three (3) days prior to any. annual review. . - 11.4 Costs. Costs reasonably incurred by CITY in connection ,;\'ith the annual review shall be paid by DEVELOPER in accordance 'With the Chis 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 otherwise provided for in this Agreement or in CITIs regulations governing development agreements, eA'Pressly including the remedy of specific performance of this Agreement. . 12.2 Notice and Cure. Upon the occurrence of an event of default by either parry, the non defaulting parcy shall serve written notice of such default upon the defaulting parcy. If the default is not cured by the defaulting parry \vithin thiny (30) days after service of such notice of default, the non defaulting parcy may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured vvithin such thirty (30) day period, the non defaulting parcy shall refrain from any such legal or equir.able action so long as the defaulting parry begins to cure such default 'Within such thirey (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12.3 No Dama~es Against CITY. .In no event shall damages be awarded against CITY upon an event of default or upon termination of this AgreemenT.. 10 Ma" 3 J, I 0'16 . . . .. .JUt j...J/ .,L: _'-' , 13. Estoppel Cenificate. J\ny party may, at any time, and from time to time, request vvritten notice from the other party requesting such parry to certify in writing that, to the knowledge of the certifying pany, (a) this Agreement is in full force and effect and a binding obligation of the parties, (b) this Agreement has not been an1ended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) the requesting parry is not in default in the performance of its obligations nnder this Agreement,. or if in default, to describe therein the nature and amount of any such defaults. A parry 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 COUNTY or DEVELOPER upon payment of CITY's costs. Failure to execute an estoppel certificate shall not be deemed a default. 14. MortEagee Proteaion: Certain Rights of Cure. 14.1 MortE"a~ee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, . including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render imralid, 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") .who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 14.2 Mortfagee Not Obli~ated. Notvvithstanding the provisions of Section 14.1 above, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of improvements, or to guarantee such construcJon of improvements, or to guarantee such consrmcUon or completion; provided, however, that a Mortgagee shall not be entitled to devote the Properry to any uses or to consrmct 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 Mon~a~ee and EA'1.ension of Rivht to Cure. If CITY receives notice from a Mongagee requesting a copy of any notice of 11 May 3 1. 1 996 ODr/7,,:<?n1 J . V::....j :..:. default given DEVELOPER hereunder and specifying the address for service thereof, then CITY shall deliver to such Mongagee, concurrenuy"With service thereon to . DEVELOPER, any notice given to DEVELOPER "With respect to any claim by CITY that DEVELOPER has committed an event of default. Each Mongagee shall have I.he right during the same period available to DEVELOPER to cure or remedy, or to commence to cure or remedy, the event of default claimed set fonh in the CITIs notice. CITY, through its City Manager, may eA'tend the thiny-day cure period provided in paragraph 12.2 for not more ~an an additional sixty (60) days upon request of DEVELOPER or a Mongagee. 15. Severability. The unenforceability, 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, COUNTY or 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 parry to this Agreement initiates an action at law or in equi1:)T to challenge -me validity of any provision of this Agreement or the Project Approvals, the parties shall cooperate in defending such action. DEVELOPER shall bear its own COStS of defense as a real parry 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 AssiETIments. 17.1 Right to Assirn. DEVELOPER'S rights hereunder may be uansferred, sold or assigned in conjunction with the transfer, sale, or assignment of all or a ponion of the Propeny subject hereto at any time during the term of this Agreement, provided that no transfer, sale or assignment of DEVELOPER's rights hereunder shall occur without the prior written notice to CITY and approval by the City Council, which approval shall not be unreasonably withheld or delayed. The City Council shall consider the matter 'Within 30 days after DEVELOPER's notice. 12 Mav 31. 1 996 . . . 9617?')~!. . --' - \""".' -:.~ 17.2 Release Upon Transfer. Upon the transfer, sale, or assignment of DEVELOPER's rights and interests hereunder pursuant to the preceding subparagraph of this Agreement, DEVELOPER shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Council approval of such transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or assignee approved by the City Council eA'Pressly assumes the obligations of DEVELOPER rmder this Agreement, DEVELOPER shall be released with respect to all such assumed obligations- In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Council approval. 17 .3 Termination of AgTeement Upon Sale of Individual Lots to Public. Notwithstanding any provisions of this ~crreement 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 e..'\:ecution or recordation of any further document or instrument such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement; provided, however, that the benefits of this Agreement shall continue to run 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 shall terminate as to such lot. 18. A~eement Runs with-the Land. 1\11 of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the parries and their respecrive heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. .MI of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, induding, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or 'with respect to any Ovvned property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs wir.h such properties, and (c) is binding upon each party and each successive ovvner during its ownership of such properties or any ponion thereof, and shall be a benefit to and a burden upon each party and its propeny hereunder and . each orber person succeeding to an interest in such properties. 13 May 31. 1096 95 f 7323L: 1 9. Bankruptcy. The obligalions of this Agreement shall not be dischargeable in . banlauplcy. 20. Indemnification. DEVELOPER and COUNTY each agrees IO 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 (induding legal fees and costs) and liability for any personal injury or properry damage which may arise directly or in directly as a result of the indemnifying parry's ovvn actions or inactions, or any action or inactions under the indemnifying party's contracts with contractors or actions or inactions by its subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project. Nothing in this paragraph shall be construed to mean that DEVELOPER or COUNTY shall defend, indemnify or hold CITY or its eleaed and appointed councils, boards, commissions, officers, agents and employees and representatives hannless from any claims of personal injury, death or property damage arising from or alleged to have arisen from, the maintenance or repair by CITY of improvements that have been offered for dedication and accepted by CITY . for maintenance, or from negligence or willful misconduct by CITY, its officers, employees or agents in connection with CITIs obligations pursuant to this Agreement.. 21. Insurance. 21.1 Public Liability and Property Damage Insurance. During the term of this Agreement, DEVELOPER shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of not less than one million dollars ($1,000,000) and a deductible of not more than len thousand dollars ($10,000) per claim. The policy so maintained by DEVELOPER shall name the CITY as an additional insured and shall include either a severabilitv of interest clause or cross-liability endorsement. ~ ~ 21.2 Workers Compensation Insurance. During the term of this Agreement DEVELOPER shall maintain Worker's Compensation insurance for all persons employed by DEVELOPER for work at the Projecr site. DEVELOPER shall require each conuaaor and subconuacror similarly to provide \l\1orker's 14 Mav 31, ! 996 . . . . QDr' 1-'/1)')~i. oJ J L v' ""';' Compensation insurance for its respective employees. DEVELOPER agrees to indemnify the City for any damage resulting from DEVELOPER's failure to maint.ain anv such insurance. 21.3 Evidence of Insurance. Prior to City Cow1Cil approval of dus Agreement, DEVELOPER shall furnish CITY satisfactory evidence of the insurance required in Sections 21.1 and 21.2 and evidence that the carrier is required IO give the CIn' at least fifteen days p~or written notice of the cancellation or reduction in coverage of a policy. The insurance shall e:>...'"tend to the CITY, its elective and appointive boards, commissions, officers, agents, employees and representatives and to DEVELOPER and each contractor and subcontractor performing work on the Project. 22. Sewer and Water DEVELOPER aclmowledges 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 and delivered in person or sent by certified mail, postage prepaid. Not.ices required to be given to CITY shall be addressed as follows: City Manager Cit.y of Dublin P.O. Box 2340 Dublin, CA 94568 Notices required to be given to COUNTY shall be addressed as follows: County Administrator County of Alameda ~ 1221 Oak Sueet, Room 555 ..Alameda, C~ 94612 and 15 M;I\' 3 J. 1 996 96 f 7 ~ ?"? !. r ,--,,-:-,-1""",:, ~ Patrick Cashman Project Director . SURPLUS PROPERTY AUTHORITY OF .A.L\.MEDA COUNTI' 225 W. Winton Avenue, Room 151 Hayward, California 9454 and Adolph Martinelli Director of Planning County of Alameda 399 Elmhurst Street Hayward, CA 94544 Notices required to be given to DEVELOPER shall be addressed as follows: Kaufman and Broad of Northern California, Ine. Atm: Matthew Koan, Vice President 3130 Crow Canyon Place, Suite 300 San Ramon, CA 94583 A parry may change address by giving notice in writing to the other parry and Ihereafter 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. 25. A~eement is Entire Understanding. This Agreement constitutes the entire understanding and agreement of the parties. 26. Exhibits. The follovving documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Propeny Exhibit B Additional Conditions Exhibit C Offsite Sueet Improvements . 16 M.a.v 3 I" I 996 ::iO I j.j{...J:..t . 27. Counterpans. This Agreement is executed in 3 duplicate originals, each of which is deemed to be an original. 28. Recordation. CITY shall record a copy of this Agreement within ten , days following execution by all parties. 29. Meanin~ of "DEVELOPER" and/or "COUNn''' DEVELOPER and COUNTY will provide CITY with memorandum signed by both parties specifying which parry vvill be obligated to perform the obligations herein. This memorandum will be provided prior to issuance of the first grading permit for the Project, and will be incorporated into this Agreement at such lime. . . 17 May 3!. ! 006 9r /7'7{'"),:/;, o I V ~ v '-:' IN V\TITNESS V\THEREOF, the parries hereto have caused this Agreement to be executed as of the date and vear first above v.1Iiuen. CITY OF DUBLIN: Bv: }jVX'14k~ - J\1ayor OJ -/ .,. ~ (;f. -..J i. 'v Date: SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF J\lA.MEDA aT i_ Bv: /~~ ~ JUN 1 8 1996 Date: I pJ8;i;:;[~rr 0;: THE EOARD OF SUPERViSORS tS: 01: Al A~4mA ......,""'Tv. ,...., '~'"'~~!IA KAUFMA.N & BROAD OF NORTHERN CALIFORNIA, INC.: -;,~ -J- By: /Y7 - /:C" r~ , J"-,-o/ tD -.'; - ~l 0 Date: Name: ,4('c ,,;.-;:? "/ .A4 ~ __ _/--,' r:./ / Its: !/::= c ~"" 1:>,?c~C:.~~c-/V7 .APPROVED.AS TO FORM: " '--' l I" --~_ ~~!...-,-:~~:t~ -, ,,;:...- ..-; '"" --' -./ (.. -::/ ,,\.,' /: - '(' ..s.:., ,--:.~~ t::...- Date: City Auorney ~p<<~- ----t:Ountv Counser- - ;"::2~:' E. C:-iAMBUSS Date: ~ -.: .-', L- =.i-:!S:rja J:\ \^/PD\MNRSW\l ] 4\AGREE\DEVK&B.FNL (NOTARIZATION ATTACHED) 18 May 3 1. I 096 . . . JOIIJc.j4 . Stale of California ) ) 55. County of Alameda ) On VULi ~ /99G- before me, a Notary Public, personally appeared Gp.y 0. !-/OU5ToAi personally known to me (or proved to me on the basis of satisfactory evidence) to be the person k4 whose name~ islqz! subscribed to the 'within instrument and aclmowledged to me that he!~~ executed the same in hisl.J~6/J;.lr6r authorized capacity(j,d), and that by hisfb.efltJ;lOr signamreM on the instrument the person(;1, or the entity upon behalf of which the personkt1 acted, executed the instrument. . WITNESS my hand and official seal. '- J"'-. __ - ...... -. .A. - .-. - - -- -.. ......."f .,l@~:;,;.. KAY KECK so: o Comm. fil7T713 o .,j...- -:. NOTARY PUI!lIC - CALIFORNlA{i)O L " AlAMEDA couNTY ;: , Comm. EzI>In>" ~~O\l n, '995 ..... J __ _~ ....... ___ ..... -- "'V _ ........ - - - ........ ..t. J ;\WPD\MNRSW\J J 4\AGREE\DEVK&B.FNL . ~. )/ li.7; /-- 9617323L: I hereby certify under penalty of perjury that the President of the Surplus Property Authority was duly authorized to execute this document aD behalf of the County of Alameda by a majority vote of the Authority OD 6/18/96, , and that a copy hac; been delivered to the President as provided by Government Code Section 251 03. AITEST: Dale: 6/" 1/96 \':\:1gcnda\foons\cmyssp.doc DARLENE J. BLOOM, Acting Secretary, Surplus Property Authority, County of Alameda. State of California r( ~C) -0~'1.- By ;;0 --" ?,r -' . . . r0 :;X ...........11Vf.-V-:. CALIFORNIA . ... ALL-PURPOSE : ...-,-,:: -z ....' ;., : or: ..~ ~r:m ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On June 5. 1 qq6 DATE before me, Gina M. Curtis NAME. TITLE OF OFFICER - E.G_. -JANE DOE. NOTARY PUBLIC. personally appeared, Matt Koart . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrumentthe person(s), orthe entity upon behalf of which the person(s) acted, execLlted the instrument. ');:...."... ........ --...........-"""--'""-......... __ ........ .- ..........JI"'o.. ........ oe-... GINAM. CURTIS f eJ _ . _ Comm. #1088093 " . NOTARYPUBUC-CAU~ ~ CCNmA CO&TA COUNTY lJ ) '"" Comm. Exp. Feb 19.1ODD "" ~~~~--~-~~~~::.:;....{ WITNESS my hand and official seal. (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT . DATE OF DOCUMENT NUMBER OF PAGES SIGNSR(S) OTHER THAN NAMED ABOVE /r! "'j -' -;.l I p". ~ f". ../ 06 171?':i. J '--'"-v.-r EXHIBIT "A" LEGAL DESCRIPTION AiL THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF JU..AMED1\ STATE OF CALIFORNIA, BEING A PORTION OF PARCEL I AS DESCRIBED IN rHE DEED RECORDED JULY II, 1969 IN REEL 2439, AT IMAGE 213, OFFICL.<\L RECORDS OF ALAMEDA COUNTY, CALIFORNIA.. COMMENCING AT TIffi SOUTHWESTERLY CORNER OF SAID PARCEL I; THENCE ALONG TIffi WESTERLY BOUNDARY LINE OF SAID PARCEL 1, NORTR 01023' 35" E.A.ST 2,416.74 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 880 36' 25" E.A.ST 2,407.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOurn'S80 48' 09" EAST 1,434.20 FEET; THENCE SOUTH 010 11' 51" WEST 36.05 FEET TO A_.~OINT OF CURV ATIJRE; THENCE ALONG A TANGENT CURVE TO TIffi LEFT WITH A RA,DillS OF 500.00 FEET, THROUGH A CEN1RAL ANGLE OF 13027' 51" AN ARC LENGTII OF 117.50 FEET TO A POINT OF COMPOUND CURVATURE; TIIENCE ALONG A TANGENT CURVE TO TIffi LEFT 'WHOSE R..l\DIDS POINT BEARS NORTII 770 44' 00" EAST 725.00 FEET, 1BROUGH A CEN1RAL i\NGLE OF 060 11'00" AN ARC LENGlli OF 7824 FEET; THENCE TANGENT TO TIffi PRECEEDING COURSE sourn 18027' 00" EAST 68.66 FEET; THENCE SOUTH 400 45' 06" VlEST 8.48 FEET; THENCE SOUTH 130 27' 25" EAST 80.03 FEET; THENCE SOUTH 310 38' 29" E.A.ST 78.50 FEET TO A POINT OF CURVATURE; THENCE ALONG ANON-TANGENT CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 650 03' 09"EAST 570.00 FEET, THROUGH A CEN1RAL ANGLE OF 070 04' 12" AN ARC LENGTH OF 70.34 FEET; THEl'ICE NON- TANGENT TO TIffi PRECEEDING CURVE SOUTH 210 33' 57" WESt 11.88 FEET; THENCE sourn 350 28' 52" EAST 81.16 FEET; THENCE SOUTH 880 34' 09" EAST 15.46 FEET; THENCE SOUTH 270 35' 51" EAST 86.24 FEET; I . THENCE SOUTH 40036' 10" EAST 30.91 FEET; TIffiNCE SOUTH 130 01' 25" EAST 74.99 FEET; THENCE SOUTH 420 14' OS" WEST 15.48 FEET TO A POINT OF CURVATURE; THENCE ALONG A NON-TANGENT CURVE TO THE RIGHI WHOSE R.lJ)IUS POINT BE-tillS S9UTH 42014' OS" WEST 58.00 FEET, THROUGH A CENTRAL ANGLE OF 830 55' 34" AN MC LENGTH OF 84.96 FEET; 1BENCE SOUTH 530 50' 21" EAST 17.98 FEET; THENCE SOUTH 020 DO' 43" EAST 84.13 FEET; THENCE SOUTII 140 12' 53" \VEST 4.12 FEET TO A POlNT OF CURVATURE; THENCE ~tU.ONG A NON-TANGENT CURVE TO THE RlGHT "WHOSE R.ADIUS POINT BEARS NORm 20 53' 20" E..L\.ST 2,411.24 FEET, THROUGH A CEN1RAL ANGLE OF 8019' 18" AN ARC LE,NGlli OF 350.21 FEET; THENCE SOlJTH 110 12' 38" WEST 3.00 FEET TO A POINT OF CURVATURE; THENCE ALONG A NON- TA...NGENT CURVE TO TIffi RIGHT WHOSE RADIUS POINT BE~.L\.RS NORTn: 110 12' 38" E.4.ST 2,414.24 FEET, THROUGH A CENTRAL ANGLE OF 030 35' 01" AN ARC LENGTH OF 151.00 FEET; T.HENCE NORTB 14047' 39" EAST 3.00 FEET TO A POINT OF CURVATURE; THENCE ~A.LONG A NON-Ti\NGENl CURVE TO THE RlGHT "WHOSE RADIUS POINT BEARS NORTH 14047' 39" EAST 2,411.24 FEET, THROUGH A CENTRAL ANGLE OF 030 12' 10" .A...N .~C LENGTH OF 134.79 FEET TO A POINT OF CUSP; THENCE i\LONG A NON- T.~NGENT CURVE TO THE RIGHT WHOSE R.WIUS POINT BE..L\.RS NORTH 070 55' 21" \VEST t1~.00 FEET, THROUGH A CENTR...L\.L .~NGLE OF 400 46' 06"..L\.N ARC LENGT:...f OF 31.31 FEET TO A POINT OF CUSP; THENCE .tU..ONG A NON-TANGENT CUR~ ~O ~L"fE:;g . . . . . . J.O I !,j L ,) "-7 LEFT WHOSE RADIUS POIN'T BEARS SOUl.d 15021' 35" -wEST 2.58824 FEET, TrlROUGH . . A cENTRAL A.NGLE OF 020 57' 41" .AN ARC LENGTH OF 133.78 FEET; THENCE SOuT.d .120 23' 54" "WEST 3.00 FEET TO A POINT OF CURV ATIJRE; THENCE ALONG A NON- TANGENT CURVE TO TIffi LEFT WHOSE RADIUS POINT BEARS SOUTII 120 23' 54" "WEST, TIlROUGH A CENTRAL ANGLE OF 030 10' 11" AN ARC LENGTH OF 143.02 FEET; THENCE NORm 090 13' 43" EAST 6.00 FEET TO A POINT OF CURVATURE; THENCE ALONG A NON-TANGENT CURVE TO THE LEFT WHOSE RADIUS POINT BEARS SOUTI:I 090 13' 43" WEST 2,591.24 FEET, THROUGH A cENTRAL ANGLE OF 07029' 48" AN ARC LENGTH OF 339.04 FEET; THENCE TANGENT TO THE PRECEEDING CURVE NORm 880 16' OS" WEST 28934 FEET; THENCE SOUTII 01043' 55" WEST 3.00 FEET; THENCE NORm 880 16' 05" WEST 30.00 FEET; THENCE NORTH 010 43' 55" EAST 3.00 FEET; THENCE NORTH 88016 05" WEST 179.51 FEET; THENCE NORTI1 010 II' SI~ EAST 723.63 FEET TO A POINT OF CURVATURE; THENCE ALONG A TANGENT CURVE TO THE RlGIIT 'WITH A RADIDS OF 20.00 FEET, TI3ROUGH A cENTRAL ANGLE OF 900 00' 00" AN ARC LENGTI1 OF 31.42 FEET TO THE TRUE POINT OF BEc;TNNING. CONTAlNING 1,283,058 SQUARE FEET OR 29.4550 ACRES, MORE OR LESS. - EXEJEIT A - 2 of 2 '7"; (/". or"'! r __ .....,-" '.;.. 2 .....'1, i/ l!.i .' 11 .' 9 6 11: ();.: -LO- ;:. ll.J.';) b t> I .L ~ -' J.":I.....":.'-..1. _..~. ...........6. ,........ ../ I . I -.... -. .' ! ' . c.....- n >- ;;....... -.. ~ -..I 0 ;:;J ;" . ~ Z ; i '-"' . . ---< >- .... -- ("') ~ ~ ...-r ~ ("'-' ..I :::l ... =t=: .... :=~ ~W =- . 0 ~;:=j ~ ~ . ~ .. ..., H JJ. ~ , ~ ~ ~ ~ j:'j .. ...... ... ~ .... , .. f~ J:IJ - .- - ---= ,.1' tr III il~ =,'" -n- n .,-. "... :. .l. .,:: I tL;; 1 iif -a ~~ !'I ~i j>- ry ;:y.< ~_. (/ () ~~~ =~~ g~3. r:.J~o ::;:=~, >..... - =;?;j:;:. =!:Jn~ ::fO:c;:: -:::::ICl:==1"""" ~~=;; ~;~- 33;:; ""'" :::>-:> ;g~ ,..... L-.J < -. .... L-.J '. . ,-"..; .'11 86 11:03 '5'51086G19::! . K..-\l-F}Ll_" &. BRO:i.D 951/j~j4 -~~ 4.: II( j;J 4U!"- I ~ ;:>^vae;r I f ~ ~~A l' ~ ~ 1 ,oci-1C3' ts.<:::: f"~) , 12. SlO~Al.K ('T'I'P.)-r , 1::::' .... .'" .,..' ::z -:::;' tSEE P\...AH) 1:t mA...e. SECTION A-A DUBLIN BOULEVARD N.. T.s.. t ~ SO' ..../W ~ l -d .6".. 10" :z::r ~ i~~ R5JWOCO ~ BOARD SECTION a...o COLLECTOR ROAD H...T..:s.. -AW ~ $" jTJf.l B' A I 5' ;: 106" R -t. :0,0' ItAlsfiJ lentAW 15' 15' 5' I t:.lL;:-~I.. ; ~E ~s:m' ~s:m. :;:frY . , I SlO<:~ ('NP-) "-sm. 15" :::J~ k. :=rfE! (7T'!') 2fJ' 1 _ 5' 5' S" 6' 1& I I I. I~I ~ ~k2% I ~~ t !.ARTri ~ nrrCH :$' ".(' .6' S' ~VEl.. I fJKE p~NG 1.>>IE: l.AHE r-HEW ,a.C P...\geh"'i , :=- 15" rU1'lJlE IU?'R I --c'~ l T.LF_ _1[~ ~ECTION C-C TRANSli SPINE N.. ToS. r ..- ,r; ::::: .--.- .~- x ,;71 -- -..J ,,_ OFFSTT STREET or (ti:')'1' ...0 ! .)C:.J:";' EXHIBIT B Additional Conditions . The follO'wing Additional Conditions are hereby imposed pursuant to Paragraph 5.3 above. Subparagraph 5.3.1 -- Su~sequent Discretionary Approvals None. Subparagraph 5.3.2 -- Mitigation Conditions Subsection a. Infrastructure Sequencing Program The InfrastrUcture Sequencing Program for the Project is set fonh below. Offsite improvements are depicted in Exhibit C. (i) Roads: The following improvements shall be constrUcted by DEVELOPER prior to final inspection for the first building permit for the Project. . Certain of the improvements are required for the Project. Other improvements which are not required by the Project (hereafter "Oversized Improvements") shall be constructed by DEVELOPER and/or COUNTY as provided below. CaUNIT shall be entitled to credits for the Oversized Improvements, as set forth below. A. Project Specific Improvements Prior to final inspection for the first building permit for the Project, the project-specific roadway improvements (and offers of dedication) identified in the Traffic Study for the California Creekside Proposed Residential Development, dated February 1996 prepared for Kaufman &. Broad by TJKM Transponation. Consultants shall be completed by DEVELOPER. . May 31.1096 .,.-'": "] / ---- ~.y (7\:'::> ....;;) ./ .. EXHIBIT B . . . :JD I I v':' v '"+ B. Dublin Boulevard between West and East Edges of Pro~ect: Dublin Boulevard is currently a two lane roadway lying along the south boundary of the Property. The ultimate nonh half of the street shall be constructed by DEVELOPER and/or COUNTY along the Project boundary, consisting generally of three 12' travel lanes, one 8' bike lane, a 24' v,ride landscaped median island (with curbs) and a minimum 30' wide setback area which shall include .curb, gutter, a 12' vvide trail and landscaping. Transitions shall be provided at the 'ivest and east ends of the project from the new roadway section to existing Dublin Boulevard. Two of the 12' travel lanes and the median improvements are Oversized Improvements for which COUNTI shall receive a credit pursuant to in Subparagraph - .., 5 .)..). . C. Transit Spine The Transit Spine is a new street that is planned to ultimately e..\."1.end from Hacienda Drive east to Tassajara Road. The following portions of the Transit Spine shall be constructed by DEVELOPER and/or COUNTI: Along the north boundary of the Project, the south half of the Transit Spine shall be constructed to include a 14' rravellane, 6' bike lane, and 8' parking lane. The north half of the Transit Spine shall be consrrucred to include a 20' uavella.ne. A 30' landscaped median island (with curbs) shall be constructed along me centerline of the right of way. The south half improvements shall include curb, gutter, landscaping and sidewalk: The north half improvements shall include headerboard and earth drainage ditch. COUNTI shall receive credit for dedicat.ion of 38' of right-of-way, 16' of road improvements and 14' oflandscaped median (as shown on Exhibit C) pursuant to Subparagraph 5.3.5. D. Collector Street A collector street shall be constrUcted with the Project along the 'ivest boundary of the Project between Dublin Boulevard and the Transit Spine. The collector sueet shall generally include a paved area 40' from face of curb (east. side) to face of headerboard (west side), "vim sidewall(, landscaping and curb and gutter on ille east side of the sueet and headerboard and earth drainage ditch on the west side of the street. 11 May 31. 1 ~96 ~ r, -r.::"/ ...;."-: ,:7 / 'j 96173234 E. Tassajara Road from Dublin Boulevard to 1-580 . The COUNTY shall widen Tassajara Road from Dublin Boulevard to 1-580 to four lanes at the time average daily traffic (ADT) on this segment of Tassajara Road exceeds 15,000 vehicles unless Tassajara Road has already been widened by another Eastern Dublin developer. If constructed by COUNTY, COUN1Y shall receive credit against the Traffic Impact Fee for Eastern Dublin ("traffic Impact Fee") for the foregoing improvements pursuant to Subparagraph - ') - ::J.:>.J. F. Traffic SiVlals - Tassajara Road and Dublin Boulevard The DEVELOPER and/or COUNTY shall install traffic signals at the intersection of Tassajara Road and Dublin Boulevard together with left-turn lane unless the signals have already been installed by the developer of the Tri-Valley Crossings Project/Santa Rita Commercial Center (PA 95-013 [TM], PA 95-026 [SDR] and PA 96-026 [SDR] ["Tri-Valley Crossings Project"].). If constructed by DEVELOPER, COUNTY shall receive credit against the Traffic Impact Fee for the foregoing improvements pursuant to Subparagraph 5.3.5. G. Traffic SiVlals ~~ Dublin Boulevard and Hacienda Drive . The DEVELOPER and/or COUNTY shall install traffic signals at the intersection of Hacienda Drive and Dublin Boulevard together with a left turn lane unless the signals have already been installed by the developer of the Tri-Valley Crossings Project. If constnlcted as pan of this Project, COUNTY shall receive credit against the Traffic Impact Fee for the foregoing improvements pursuant to Subparagraph 5.3.5. H. Dublin Boulevard West of the Project . The DEVELOPER and/or COUNTY shall .widen existing Dublin Boulevard or eA'Lend the new alignment for Dublin Boulevard from the BJ\RT easterly access road to Hacienda Drive (at Dublin Boulevard adjacent to the Tri-Valley Crossings Project) to foUI lanes if the Project begins construction after the Tri-Valley Crossings Project (or any phase of it) and the Dublin Ranch Phase I Project (PA 95- 030) have been constructed. If consuucted as part of this Project, COUNTY shall . III Mav 31. 1096 - - -- ,.- - ./ " ;! _' ' t vl - :." - . . . ~bl 1 -, ,J <.. I' 1 \".-.'.!.- V -: receive credit against the Traffic Impact Fee for the foregoing improvements pursuant to Subparagraph 5.3.5. 1. . Traffic Signals at Project's Two Main Entrances The DEVELOPER and/or COUNTI shall install uaffic signals at the tWO main access roads into the Project from Dublin Boulevard opposite the Tri- Valley Crossings Project's entrances to accommodate the uaffic to the Project. The uaffic signal at the Collector Street shall be constructed at the ultimate location on tl1e Collector Street to accommodate twelve (12) feet of widening to the west. (ii) Sewer The Dublin San Ramon Services District has prepared a report ("Eastern Dublin Facilities Plan Final Repon" dated December, 1993, prepared by G. S. Dodson &Associates [the "DSRSD Report"]) which determines the sizes and approximate locations of pipelines to provide potable water facilities, wastewater collection facilities and recycled water facilities 'Within the Eastern Dublin area at ultimate buildout. Jill references hereinafter to the DSRSD Report shall be to the report as it is periodically updated and in effect at the time of the applicable improvements and as such report is interpreted and applied by the Dublin San Ramon Services District. Prior to issuance of the first building permit for the Project, all sanitary sewer improvements to serve all building sites in the Project (or any recorded phase of the Project) shall be complete to the satisfaction and requirements of the Dublin SanRamon Services District. (iii) Water Prior to combustible consuuction and/or storage of combustible materials on site, sufficient water storage and pressure shall be available at the site to the satisfaction and requirements of the Dougherey Regional Fire Authority. Prior to issuance of the firSt building permit for the Project, all potable '."I:ater system components to serve all building sites in the Project (or any recorded phase of the Project) shall be complete and in working order to the satisfaction and requirements of the Dublin San Ramon Services Dismct. lV May 31_ ]096 ~ -7" /.- -~7 r :J :36.173234 Prior to occupancy of any porrion of the Project, recycled water lines shall be insulled on site and vviIhin adjacent roadways to the satisfaction and . requirements of the Dublin San Ramon Services District consistent with the DSRSD policy for recycled water and all recycled ~'ater connection fees shall be paid. (iv) Stonn Drainage COUNTI has retained a consultant (Brian Kangas Foulk) to prepare a master drainage plan (the "Drainage Plan") showing the routes and sizes of major storm drainage facilities for all of COUNTY's approximate 620 acres. All references hereinafter to the Drainage Plan shall be to the plan as periodically updated and in effect at the time of the applicable improvements and as such repon is interpreted and applied by CITY. Prior to final inspection of the first building permit for the Project, the storm drainage systems to the site as well as on site drainage systems to the areas to be occupied shall be complete to the satisfaction and requirements of the Dublin Public W orlcs Department applying CITY's and Zone 7 (J\lameda Cormty Flood Conuol 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 . protecred from storm flow from off site and shall have erosion control measures in place to protect downstream facilities and properties from erosion and rmdean storm 'li"ater consistent with the Drainage Plan. (v) Other Utilities (e.g. gas. electricity) ConstrUction shall be complete prior to final inspection of the first building permit. Subsection b. Miscellaneous (i) Completion May be Deferred. NoIwithstanding the foregoing, CITY's 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 DEVELOPER to defer completion of discrete portions of any of the above public improvements until after final inspec-Lion of the first building permit for the Project if the Public Works . v Mav :3 L ] 096 . -- ,... I~, ..,/' ';,2: 7- .--.. -" ./ . . . :'"'I" I J':'.....~!: :;0. ; ,_lLw-: Director detemunes that to do so would not jeopardize the public health, safeTY or welfare. (ii) Improvement Agreement Prior to consuucring the Improvements described in Subparagraph . 5.3.2(a) above, DEVELOPER shall submit plans and specifications to CI~s Public \^/ arks Director for review and approval and shall enter into an improvement agreement vvith CITY for construction and dedication of the public facilities. .All such improvements shall be consuucted in accordance vvith City's standards and policies which are in force and effect at the time of issuance of the pemut for the proposed improvements. (iii) Bonds Prior to execution of the Improvement Agreement, DEVELOPER and/or COUNTI shall provide a performance bond and labor and materials bond or other adequate security to insure that the Improvements described in Subparagraph 5.3.2 above will be consrmcted prior to final inspection of the first unit. The performance bond or ot.her security shall be in an amount equal TO 100% of the engineer's estimate of the cost to consrmct the improvements (including design, engineering, administration, and inspection) and the labor and materials bond shall be in an amount equal to 50% of t.he engineer's estimate. The bonds shall be written by a surety licensed to conduct business in ~e State of California and approved by CITI"s CiTY Manager. Subparav-aph 5.33 -- PhasinE' Timing DEVELOPER and/or COUNTY intend to consuuct the Project in phases. Each succeeding phase vvill be constructed to function in harmony vvith the previous Dhase( s). With the exception of the road improvements described in Subparagraph 5.3.2(a)(i), this Agreement contains no requirements that DEVELOPER must inir.iale or complete development or any phase within any period of time set by CITY. It is :ne intention of this provision that DEVELOPER be able to develop the Propeny in accordance "vith it.s own time schedules. VI Ma:,' :3 1. 1oq6 " / ,;;;.;.:' w;,/ ~ .,....,.... ../ Qhl -"vI J,:!?~!, f \..1 _ --1 Por Subpara~raph 5.3.4 -- Financinr- Plan . Except as provided in Subparagraph 5.3.2(b)(i) (Completion May Be Deferred), DEVELOPER will provide all infrastruaure described in Subparagraph S.3.2(a)(i) of this Agreement prior to final inspection of the first building permit for U1e Project. DEVELOPER and/or COUNTY intends to install all sueet improvements necessary for the Projea at its own cost (subject to credits for any Oversized Improvements as provided in Subparagraph 5.3.5 below). Oilier infrastructure necessary to provide sewer, potable water, and recycled. "vat.er services to the Project will be made available by the Dublin San Ramon Services District. COUNTI has entered into an '~ea Wide Facilities Agreement" ,1I,r.ith the Dublin San Ramon Services District to pay for the cost of eA.'t.ending such services to the Project. Such services shall be provided as set fonh in Subparagraph 5.3.2(a)(ii) and (iii) above. Subparagraph 5.3.5 -- Reimbursement Subsection a. Credits for Oversized Improvements. . DEVELOPER and/or COUNTY shall construct cenain Oversized Improvements in addition to the Project Specific Improvements. DEVELOPER and COUNTI are parties to an agreement that provides that COUNTY will get credit against Traffic Impact Fees for construction of any Oversized Roadvvay Improvements. COUNTY shall be entitled to a credit against Traffic Impact Fees for the Project for construction of any such Oversized Improvements as provided below. Tne Credits shall be given at the time DEVELOPER and/or COUNTY enters into an improvement agreement vvith CITY for construction of the applicable Improvements. The amoUIlt of the credits shall be determined at such time by the Public W orl(5 Director using the costs of construction and right-of-way values used by the CrTI:' in calculating and establishing the Traffic Impact Fee. Tne amount of the Credit, once eSIablished, shall not be increased for inflation nor shall interest accrue on the amount or the Credit. No Credit shall be given unless the improvement constructed is one of the improvements described in the resolution establishing the Traffic Impact Fee and is constructed in iIS ultimate location. . Vll May 3 L 1096 " '-' ~". ~/ :;2': 7....... i/f; ... . -. . '"" r I :)0 - 1"1 ...... ..... I 1<; / ~ I' , .... :.... v -, (i) Credit for Dublin Boulevard Fronting the Pro~ect Credit shall be given for two of the 12' uavellanes and the median improvements, together vvith the right-of-way for the twO uavellanes and the median '(for a total of 48' of right-of-way) unless the roadway has already been improved and dedicated as a part of other development. (ii) Credit for Transit Spine Credit shall be given for dedication of 38' of right-of-way along me north boundary of the Project, for 16' of road improvements and for 14' of landscaped median (second paragraph of Subparagraph 5.3.2(a)(i)(C)) as shown on Exhibit C. (iii) Credit for Tassajara Road. Traffic Signals and Dublin Boulevard West of the Project Credit shall be given for the improvements described in Subparagraph 5.3.2(a)(i)(E), (F), (G) and (H), if constructed. Subparagraph 5.3.6 -- Fees. Dedications Subsection a. Traffic Impact Fees. DEVELOPER shall pay a Traffic Impact Fee for each residential unit in the Project in the amount set forth in the City's Traffic Impact Fee for Eastern Dublin as in effect at the time such Fee is payable pursuant to the resolution establishing the amount of the Traffic Impact Fee for Eastern Dublin. For example, pursuant to City of Dublin Resolution No. 41-96, the fee for a single-family residential unit on property designated for one to 14 units per acre is $4,182 and is payable not later man the date of final inspection of the unit. Likewise, the fee for a single-family residential unit on property designated for 14 to 25 units per acre is $2,928, and for a unit on propeny designated for over 25 units per acre is $2,509. Tne lotal Traffic Impact Fee ("TIF") shall be reduced, however, by the Credils ror Oversized ImprovementS provided in Subparagraph 5.3.5 when the Oversized Improvements are constrUcted or guaranteed. Vlll May:; 1. 1 OQj ~ r~ ~i ~ ...<2. v - J q6 r 70.2.~f. - ",-, \,.}-: When the Credits have been exhausted, thereafter DEVELOPER will pay U1e applicable TIF in accordance with the Resolution No. 1-95, as adopted January 9, 1995, or any subsequent resolution which revises the amount of the TIP. . If the amount of the Credits exceeds the amount of the TIF, COUNTY shall be entitled to use the unused Credits in the romper provided by separate agreement between the COUNTY and CI1Y to be entered into within one year of the effective date of this Agreement. Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freeway Interchanges. DEVELOPER and/or COUNTY shall pay the Eastern Dublin 1-580 Interchange Fee established by City of Dublin Resolution No. 11-96 if such Fee is effective at the time of final inspection of the first unit. DEVELOPE.R and COUNTY 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 City'S compliance with CEQA for the project, the Eastern Dublin Traffic Impact Fee or any . other aspect of the development of the Property. Subsection c. Public Facilities Fees. DEVELOPER and/or COUNTY. 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. Notwithstanding the foregoing paragraph, not later than 12 months of the effective date of this Agreement COUNTY shall dedicate to CITY in fee simple 3.69 acres of land for the City Park located east of Tassajara Creelc The exact location of the land to be dedicated shall be determined bv CI1Y. The land to be dedicated and .I underlying groundwater shall be free of hazardous substances. The dedication of 3.69 acres by COUNTY shall satisfy DEVELOPER's obligation under Dublin Municipal Code Chapter 9.28 (CITY's "Quimby Act Ordinance") for community park land and neighborhood park land and shall be a credit against the ponion of the Public Facilities Fee for the Project ror "Community Parks, Land" and "Neighborhood Parks, Land." . -- - ....~. ~ :< -,' IX May:; 1. 1096 . -. . 14h 1'-0{/ .;i, ,-,-...r I I v:.....0--:- Subsection d. Noise Mitigation Fee. DEVELOPER shall pay a Noise Mitigation Fee in the amounLS and at the t.imes set forth in City of Dublin Resolution No. 33-96, adopted by the City Council on March 26, 1996. Subsection e. School Impact Fees and Fire Impact Fees. School impact fees shall be paid by DEVELOPER and/or COUNTY in accordance wi.th Government Code section 53080 and the "Agreement to Provide School Facilities Mitigation" between COUNTY and the Dublin Unified School District, as adopted by the Board of Trustees of the School District on March 20, 1996. Any fire capital impact fees shall be paid by DEVELOPER in accordance vvith applicable requirements of the Dougherty Regional Fire Authority or its successors. Subsection f. Regional Transportation Impact Fee. In the event that the Tri-Valley Transportation Council recommends and tl1e City Council adopts a Regional Transportation Impact Fee to pay for regional transportation improvemenT.s in the Tn-Valley area, DEVELOPER will pay any such fee in effect at the time of issuance of any building permits for the Project. Subsection g. Affordable Housing In-Lieu Fees CITY currently has a Rental Availability Ordinance (RAO) and is in the process of preparing and adopting an Inclusionary Zoning Ordinance (IZO) pursuant to CIITs Housing Element. Both the RAO and IZO are authorized by the General Plan. DEVELOPER and/or COUNTY will pay the Rental Availability In-Lieu Fee in efiea aT. me time of final inspeaion of each unit if DEVELOPER elects not to make renal uniT.s available for rental pursuant to the Rent.al Availability Ordinance, unless the R:\O has been repealed prior to such time. If DEVELOPER is required to pay u"le In-Lieu Fee and eIIT later repeals the General Plan requirement which "the Ri\O imnlement.s (General Plan S 6.3 (III)(E)), eITYwill refund any In-Lieu Fees paid by DEVELOPER. 5> :-- 53" -" x May :3 1. 1096 96173234 The Project will be subject to the proposed Indusionary Zoning Ordinance, . provided that DEVELOPER shall have the right in lieu of providing the required percentage of affordable units required by such ordinance to pay a fee in the amountS . set fonh in such ordinance, and provided further that the in lieu fee for the ProjeCt shall not exceed $1.00 per square foot for single-family detached homes and $.75 per square foot for attached hs>mes. Subsection h. Specific Plan Implementation Fee Prior to approval of its final map, DEVELOPER shall pay a "Specific Plan Implementation Fee". The amount of the fee shall be the Project's pro rata share on an acreage basis of CITY's then current costs for implementation of the Specific.Plan and the mitigation measures of the final Environmental Impact Report for the Specific Plan. Subsection i. Dedications DEVELOPER agrees to dedicate the property required for road improvements described in Subparagraph 5.3.2 above to CITY in fee simple free and both the land . and groundwater shall be free of hazardous substances. Subparav-aph 5.3.7 -- Miscellaneous Subsection a. Creek Improvements. COUNTY shall prepare a Stream ReStoration Plan in accordance with the Eastern Dublin Comprehensive Stream Restoration Program and the Drainage Plan for the portion of Tassajara Creek under COUNTY ownership. Such Plan shall be prepared to the satisfaction of CITY and shall include landscaping. COUNTY shall make the improvements to Tassajara Creek identified in the Plan within 36 months of me effective date of this Agreement, unless CITY agrees in writing to a later date. Not later than 36 months of the effective date of the Agreement, COUNTY shall dedicate propeny on both sides of Tassajara Creek pursuant to the requirements of the Plan and Program, to the appropriate entiTY (as determined by the City Council) "vhich will own and maintain such areas pursuant to the Plan and Program. The an"lount of land to be dedicated shall be determined by CrTI.' consistent -with the Comprehensive Sueam Restoration Program. . ,,".' .-"" /i.-.. ./- /!.// :" _'Jz -) Xl May 3 1. 1996 . . . 96 I 7~?1f. , .__'_&-1-: Subsection b. Landscaping Maintenance Alon~ Streets and Creek COUNTY and DEVELOPER agree that, notwithstanding the provisions of Paragraph 17.3 hereof, they will each take action to assure that the purchasers of the individual lots will be legally bound to pay armually an an10unt to be determined by CITY (prior to final inspection of me first building permit) for each lot's proponionate share of maintenance costs for trails and public street and creek landscaping located within COUNTY's approximate 620 acres (the "Santa Rita property"). The amount determined by CITI shall be indexed to increase armually. These actions may include formation of a homeovvners' association which will impose assessments to maintain such areas; a covenant to pay such amount to CITI to be contained in each deed; and/or a Landscape and Lighting Assessment pursuant to the Landscape and lighting Act of 1972. COUNTY further agrees that, notwithstanding the provisions of Paragraph 17.3 hereof, it will take action to assure that the purchasers of any portions of the Santa Rim property will be legally bormd to pay annually an amount to be determined by OTY (prior to approval of a tentative map) for each such portion's proponionate share of maintenance costS for trails and public street and creek landscaping located within the Santa Rita property- The amount determined by CITY shall be indexed to increase armually. The action taken by COUNTY may include formation of a homeovvners' or property owners' association which will impose assessments to maintain such areas; a covenant to pay such amount to crn' to be contained in each deed; and/or a Landscape and Lighting .Assessment pursuant to the Landscape and Lighting Act of 1972. The actions to be taken by COUNTY and DEVELOPER pursuant to the preceding twO paragraphs shall be subject to approval of the City Manager, which approval must be obtained in writing prior to recordation of the final map. CIn' shall cooperate with COUNTY and DEVELOPER to assure compliance with this requrrement. If the mechanism selected is a Landscape and Lighting .Assessment, COUNn' and DEVELOPER hereby waive any right to protest the inclusion of the Property or any pOfiion of it in a Landscape and Lighting .Assessment Districr or similar assessment disillcr for maintenance of the foregoing uails and landscaping areas and waive any right to protest the annual assessment for such maintenance. The . foregoing waiver shall be binding on behalf of COUNTY and DEVELOPER and their successors in interest v.rith respea to the Propeny. /r? :;; / /" ~).>... p _,I- i) Xll May 31. 1996 96173234 Subsection c. Dedication of Additional Park Land COUNTY may dedicate to OTY in fee simple all or a portion of the land required for the City Park located on COUNTfs remaining land. If COUN1Y exercises this option, the value of the land to be dedicated shall be determined by agreement between COUNTY and CITY b~t in no event shall such value per acre be. greater than the per acre value assumed by CITY in calculating the amount of its Public Facilities Fee. CITY shall not be obligated to accept any such land until CITY and COUNTY have agreed on the value of the land to be dedicated and CITY has determined that the land and groundwater are free of hazardous substances and that the land is appropriate for park and/or community facility uses. If COUNTY dedicates any land, COUNTY or its successor(s) may be entitled to a credit against payment of the Public Facilities Fee for other projects on its remaining land in the an10unt of the agreed upon value of the land. J :\\'VPD\MNRSW\J J 4\AGREE\523DVLP-.FNL - /' I.~ 3&/ .:j/ .; 2i Xlll May 31. J 996 . . .