HomeMy WebLinkAboutOrd 20-98 DA Schaefer Ranch ORDINANCE NO. 20 - 98
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
FOR PA 96-037, SCHAEFER RANCH
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Schaefer Ranch project (PA 96-037) is located within the
boundaries of the Dublin General Plan in an area which is designated on the General Plan
Land Use Element Map as Estate Residential, Single Family Residential, Retail 'Office,
Public/Semi-Public and Open Space.
B. An Environmental Impact Report ("EIR") was prepared for the Schaefer
Ranch project and certified by the City Council on July 9, 1996.
C. Schaefer Heights Associates and Schaefer Heights Inc. have filed an
application requesting approval of a development agreement for the Schaefer Ranch
Project.
D. A Development Agreement between the City of Dublin and Schaefer
Heights Associates and Schaefer Heights Inc. has been presented to the City Council, a
copy of which is attached hereto as Exhibit 1.
E. A public heating on the propOsed Development Agreement was held before
the Planning commission on November 10, 1998, for which public notice was given as
provided by law.
F. The Planning Commission has made its recommendation to the City
Council for approval of the Development Agreement, which recommendation includes the
Planning Commission's determinations with respect to the matters set forth in Section
8.56.080 of the Dublin Municipal Code.
G. Public hearings on the proposed Development Agreement were held before
the City Council on November 17, 1998, and December 1, 1998, for Which public notice
was given as provided by law.
H. At that public hearing on November 17, 1998, the City Council waived
reading and introduced the Ordinance approving the Schaefer Ranch Development
Agreement.
I. At that public hearing on December 1, 1998, the City Council waived
reading and adopted the Ordinance approving the Schaefer Ranch Development
Agreement.
J. The City Council has considered the recommendation of the Planning
Commission (Planning Commission Resolution 98-__), 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.
K. The proposed project is exempt from further environmental review
according to Section 15182 of the State CEQA Guidelines because it is within the scope
of the Final Environmental Impact Report (EIR) for the Schaefer Ranch Project/General
Plan Amendment (SCH No. 95033070) certified by the City Council by Resolution No.
76-96. Analysis of this project indicate that no new effects could occtir and no new
mitigation measures would be required for the Schaefer Ranch project that were not
addressed in previously considered environmental documents.
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 EIR, (d) 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 Schaefer Ranch General Plan Amendment in that (a) the General Plan land
use designations for the site are Estate Residential, Single Family Residential, Retail Office,
Public/Semi-Public and Open Space and the proposed project is a single family dwelling
project with a small commercial area consistent with those land use designations and (b)
the project is consistent with the fiscal policies' of the General Plan with respect to
provision of infrastructure and public services.
2. The Development Agreement is compatible with the uses authorized in,
and the regulations prescribed for, the zoning districts in which the real property is located
in that the project approvals include a Planned Development Rezoning adopted specifically
for the Schaefer Ranch project.
3. The Development Agreement is in conformity with public convenience,
general welfare and good land use policies in that the Schaefer Ranch project will
implement land use guidelines set forth in the General Plan which have planned for
residential uses and a small commercial area at this location.
2
The Development Agreement will not adversely affect the orderly
development of property or the preservation of property values because the
project is consistent with the General Plan.
The Development Agreement will not adversely affect the orderly
development of property or the preservation of property values because the
project is consistent with the General Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit 1) 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
This Ordinance shall take effect and be in force thirty (30) days from and after the
date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 1 st
day of December, 1998, by the following votes:
AYES:
Councilmembers Howard, Lockhart, McCormick, Zika and
Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
GSPA96-037klaord
K2/G/12-1-98/ord-schaefer
3
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
'AND
SCHAEFER HEIGHTS ASSOCIATES AND
SCHAEFER HEIGHTS, INC.
FOR THE SCHAEFER RANCH PROJECT
TABLE OF CONTENTS
1. Description of Property ......................................... 2
2. Interest of Developer ........: ................................... 2
3. Relationship of City and Developer ................................. 2
Effective Date and Term ......................................... 3
4.1 Effective Date. 3
4.2 Term ................................................... 3
Use of the property ............................................. 3
5.1 Right to Develop .......................................... 3
5.2 Permitted Uses ' 3
5.3 Additional Conditions ..................................... 3
5.3.1
5.3.2
5.3.3
5.3.4
5.3.5
5.3.6
5.3.7
Subsequent Discretionary Approvals ..................... 3
Mitigation Conditions ................................ 4
Phasing,. Timing ............................ ......... 4
Financing -Plan ...................................... 4
Fees, Dedications .................................... 4
Reimbursement ..................................... 4
Miscellaneous ...................................... 4
AppliCable Rules, Regulations and Official Policies .................... 4
6.1 Rules re Permitted Uses ..................................... 4
6.2 Rules re Desi~tm and Construction ............................ 5
6.3 Uniform Codes Applicable .................................. 5
Subsequently Enacted Rules and Regulations ......................... 5
7.1 New Rules and Regulations ................................. 5
7.2 Approval of Application .................................... 5
7.3 Moratorium Not Applicable ................................. 6
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Subsequently Enacted or Revised Fees, Assessments and Taxes ........... 6
8.1 . Fees, Exactions, Dedications ................................ 6
8.2 Revised Application Fees ................................... 6
:.. Table of Contents - Page i of iii
e~r¢ iOctober 21, 1998
8.3
8.4
New Taxes .............................................. 7
Assessments ............................................. 7
Amendment or Cancellation ...................................... 7
9.1 Modification Because of Conflict with State or Federal Laws ....... 7
9.2
9.3
9.4
9.5
Amendment by Mutual Consent ............................. 7
Insubstantial Amendments .................................. 7
Amendment-of Project Approvals ............................. 8
Cancellation bv Mutual Consent ............................. 'S
10.
Tern~
10.1.
10.2
and Issuance of Project Approvals ............................ 8
Rules, Re~lations and Policies Applicable to Project ............. 8
Term of Project Approvals .................................. 8
11.
Annual Review ................................................ 9 '
11.1 Review Date ............................................. 9
11.2 Initiation of Review ....................................... 9
11.3 Staff Reports ............................................ 9
1 1.4 Costs ................................................... 9
12.
Default ' ... 9
12.1
12.2
12.3
12.4
Other Remedies Available .................................. 9
Notice of Default and Request to Cure ........................ 9
Procedures for Termination ................................. 9
No Damages Against CITY ................................ 10
13. Estoppel Certificate ........................................... 10
14.
Mortgagee Protection; Certain Rights of Cure ....................... 11
14.1 Mortgagee Protection ' I 1
14.2 Mortgagee Not Obligated .................................. 11
14.3 Notice of Default to Mortgagee and Extension of Right to Cure .... 11
15. Severabilitv ....................................... ~ ........... 12
16.
Attorneys' Fees and Costs ....................................... 12
16.1 Action bY CITY or DEVELOPER ............................ 12
16.2 Action by Third Party .................................... 12
Dublin/Alameda Development Agreement
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Table of Contents - Page ii of iii
~:~?~ :, ~:,-~, ;~;~,~:~ October 21, 1998
17.
18.
19.
20.
Transfers and Assignments ...................................... 12
17.1
17.2
17.3
17.4
17.5
Right to Assign .......................................... 12
Release Upon Transfer .................................... 13
Developer's Right to Retain Specified Rights or Obligations ....... 13
'Permitted Transfer, Purchase or Assitmment ................... 13
Termination of A~eement Upon Sale of Individual Lots to Public. 13
A~eement Runs with the Land - . 14
Bankruptcy .................................................. 14
Indemnification .............................................. 14
21.
Insurance ................................................... 15
21.1 Public Liability and Property Damage Insurance ................ 15
21.2 Workers Compensation Insurance ........................... 15
21.3 Evidence of Insurance ' 15
22. Sewer and Water ............................................. 15
23. Notices ..................................................... 16
24.
25.
A~eement is Entire Understanding ............................... 16
Exhibits .. 16
¸26.
27.
Counterparts ................................................ 17
Recordation ................................................. 17
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Table of Contents - Page iii of iii
..... ~;,~:~:October 21 1998
THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this __th day of , 1998, by and between the CITY OF
DUBLIN, a Municipal .Corporation (hereafter "City"), and Schaefer Ranch Associates,
a limited partnership and Schaefer Heights, Inc., a California corporation (hereafter
collectively "Developer"), pursuant to the authority of §§ 65864 et Seq. of the
California Government Code and Dublin Municipal Code, Chapter 8.56.
RECITALS
A. California Government Code §§ 65864 et seq. and Chapter 8.56 of
the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter
into an Agreement for the development of real property with any person hax4ng a
legal or equitable interest in such property in order to establish certain development
rights in such property; and
B. DEVELOPER desires to develop and holds legal interest in certain
real property consisting of appro:dmately 500+ 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 "Property"; and
C. DEVELOPER proposes the development of the Property ~xdth 474
single family homes, a small commercial area and off-site improvements required by
the Project Approvals (the "Project"); and
D. DEVELOPER has applied for, and CITY has approved or is
processing, various land use approvals in connection with the development of the
Project, including a General Plan Amendment (City Council Reso. 77-96), PD
District rezoning (Ordinance No. 15-96), Resolution Approving PD Rezone General
Provisions, Land Use and Development Plan (City Council Reso. 78-96) vesting
tentative map (Planning Commission Resolution No. 98-38), (collectively, together
with any approvals or permits now or hereafter issued with respect to the Project, the
"Project Approvals"); and
E. Development of the Property by DEVELOPER may be subject to
· certain future discretionary or ministerial approvals including site development
review, which, if granted, shall automatically become part of the Project Approvals as
each such approval becomes effective; and
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October 2 i, 1998
F. CITY desires the timely, efficient, orderly and proper development
of said Project; and
G. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and has been reviewed
and evaluated in accordance with Chapter 8.56; and
H. CITY and DEVELOPER have reached agreeme, nt and desire to
express herein a Development Agreement that will facilitate development of the
Project subject to conditions set forth herein; and
I. Pursuant to the California Environmental Quality Act (CEQA) the
City has certified a Final Environmental Impact Report for the Project (Resolution
No. 76-96) (the "EIR") and found that the EIR is adequate for this A~eement; and
J. On
adopted Ordinance No.
ordinance took effect on
, 1998, the City Council of the City of Dublin
approving this Development Agreement. The
,1998.
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein contained,
CITY and DEVELOPER agree as folloWs:
AGREEMENT
I. Description of Property.
The Property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer.
The DEVELOPER has an equitable interest in the Property in that
it holds an option to purchase the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been
negotiated and voluntarily entered into by CITY and DEVELOPER and that the
Dublin/Alameda Development Agreement
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Page 2 of 18
October 21, 1998
DEVELOPER is not an agent of CITY. The CITY and DEVELOPER hereby
renounce the existence of any form of joint venture or partnership between them, and
agee that nothing contained herein or in any document executed in connection
herewith shall be construed as making the CITY and DEVELOPER joint venturers or
partners.
4. Effective Date and Temp.
4.1 Effective Date. This Agreement shall become effective on
the thirtieth (30th) day following adoption by the Dublin City Council of Ordinance
No. __-98 approving this Agreement (the "Effective Date").
4.2 Term. The term of this Development Agreement shall
commence on the Effective Date and extend eight (8) years thereafter, unless said
term is otherwise terminated or modified by circumstances set forth in this
A~eement or other~dse agreed by the parties.
5. Use of the Property.
5.1 Right 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 Property, 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 (operated by CITY) and other terms and conditions of development
applicable to the Property, shall be those set forth in this Agreement, the Project
Approvals and any amendments to this Agreement or the Project Approvals.
5.3 Additional Conditions. Provisions for the following
("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated
herein by reference.
5.3.1 Subsequent Discretionary. Approvals.
Conditions, terms, restrictions, and requirements for subsequent
discretionary actions.
Dublin/Alameda Development Ageement
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Page 3 of 18
October 21, 1998
Not Applicable
5.3.2 Mitigation Conditions. Additional or modified
conditions agreed upon by the parties in order to eliminate or
mitigate adverse environmental impacts of the Proiect or otherwise
relating to development of the Proiect.
See Exhibit B
5.3.3 Phasing, Timing. Provisions that the Project be
constructed in specified phases, that construction shall commence
within a specified time, and that the Project or any phase thereof be
completed within a specified time.
See Exhibit B
5.3.4 Financing Plan. Financial plmxs which identify
necessary capital improvements such as streets and utilities and
sources of funding.
See Exhibit B
5.3.5 Fees, Dedications.
fees or dedication of property.
See Exhibit B
Terms relating to pay2nent of
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7
Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules, Regulations and Official Policies.
6. I 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 Property, 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.
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Page 4 of 18
October 21, 1998
6.2 Rules re Design and Construction. Unless otherx~-ise
ex'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 Proiect Approval.
Ordinances, resolutions, rules, regulations and official policies governing desigaa,
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 for the public improvement.
6.3 Uniform Codes Applicable. Unless expressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance ~4th
the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire
Codes and Title 24 of the California Code of Regulations, relating to Building
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project.
7. Subsequently Enacted Rules and Regulations.
7. I 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 and which are not in conflict with those applicable to
the Property as set forth in this Agreement if: (a) the application of such new or
modified ordinances, resolutions, rules, regulations or official policies would not
prevent, impose a substantial financial burden on, or materially delay development of
the Property as contemplated by this Agreement and the Project Approvals and (b) if
such ordinances, resolutions, rules, regulations or official policies also apply to all
other large scale residential development in Dublin.
7.2 Approval of Application. Nothing in this Agreement shall
prevent the CITY from denying or conditionally approving any subsequent land use
permit or authorization for the Project on the basis of such new or modified
ordinances, resolutions, rules, regulations and policies provided that (a) the
application of such new or modified ordinances, resolutions, rules, regulations or
policies is consiStent with the limitations identified fn Paragraph 7.1 above, (b) such
subsequent actions Shall be otherwise in compliance with the conditions, terms,
restrictions, and requirements expressly set forth in this Agreement; and (c) the
application of such new or modified ordinances, resolutions, rules, regulations or
Dublin/Alameda Development Ageement
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Page 5 of 18
October 21, 1998
policies is prospective only.
7.3 Moratorium Not Applicable. Notwithstanding anything to
the contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of CITY, by initiative, referendum, or otherwise, that
imposes a puilding 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' Government Code § 8558.
8. Subsequently 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 Compt34ng x~dth
the Specific Plan shall be those set forth in the Project Approvals and in this
Agreement (including Exhibit B). The CITY shall not impose or require payment of
any _other fees, dedications of land, or construction of any public improvement or
facilities, shall not increase or accelerate existing fees, dedications of land or
construction of public improvements, in connection with any subsequent
discretionary approval for the Property, except as set forth in the Project Approvals
and this Agreement (including Exhibit B, subparagraph 5.3.5).
The parties acknowledge and agree that CITY shall not impose any
fees which are not in effect on the Effective Date of this Agreement and further agree
that CITY may impose only those increases in existing fees which are authorized or
contemplated by the ordinances, resolutions or other regulations currently in effect
establishing such fees or by the Project Approvals. Any fee increases are subject to
the provisions of Government Code section 66000 et seq.
8.2 Revised Application Fees. Any existing application,
processing and inspection fees that are revised during the term of this Agreement
shall apply to the Project provided that (1) such fees have general applicability; (2)
the application of such fees to the Property is prospective; and (3) the application of
such fees would not prevent development in aCCordance with this Agreement. By so
agreeing, DEVELOPER does not waive its rights to challenge the legality of any such
application, processing and/or inspection fees.
Dublin/Alameda Development Agreement
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October 2 i, 1998
8.3 New Taxes. Any subsequently enacted city-wide taxes
(other than development excise taxes) shall apply to the Project provided that:
(a) the application of such taxes to the Property is prospective; and (b) the
application of such taxes would not prevent development in accordance with this
Agreement. By so agreeing; DEVELOPER does not waive its rights to challenge the
legality of any such taxes or to protest in any manner the imposition thereof.
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 smMces
which benefit the Property. By so agreeing, DEVELOPER does not waive its rights to
challenge the legality of any such assessments or to protest in any manner the
imposition thereof.
9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal
Laws. In the event that state or federal laws or regulations enacted after the effective
date of this Agreement prevent or preclude compliance with one or more provisions of
this Agreement or require changes in plans, maps or permits approved by the City,
the parties shall meet and confer in good faith in a reasonable attempt to modify this
Agreement to comply with such federal or state law or regulation. Any such
amendment or suspension of the Agreement shall be approved by the City Council in
accordance with Chapter 8.56.
9.2 Amendment bv Mutual Consent. This Agreement may be
amended in writing from time to time only by mutual consent of the parties hereto
and in accordance with the procedures of State law and Chapter 8.56.
9.3 Insubstantial Amendments. Notwithstanding the
provisions of the preceding paragraph 9.2, any amendments to this Agreement which
do not relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the
permitted uses of the Property as provided in paragraph 5.2; (c) provisions for
"significant" reservation or dedication of land as provided in Exhibit B; (d) conditions,
terms, restrictions or requirements for subsequent discretionary actions; (e) the
density or intensity of use of the Project; (f) the maximum height or size of proposed
buildings; or (g) monetary contributions by DEVELOPER as provided in this
Agreement, shall not, except to the extent otherwise required by law, require notice or
Dublin/Alameda Development Agreement
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Page 7 of 18
October 21, ! 998
public hearing before either the Planning Commission or the City Council before the
parties may execute an amendment hereto. CITY's Public Works Director shall
determine whether a reservation or dedication is "significant".
9.4 Amendment of Project Approvals. Any amendment of
Project Approvals relating to: (a) the permitted use of the Property; (b) provisions for
"sigmificant" reservation or dedication of land as provided in Exhibit B; (c) conditions,
terms, restrictions or. requirements for subsequent discretionary actions; (d) the
density or intensity of use of the Project; (e) the maximum height or size of proposed
buildings; (f) monetary contributions by the DEVELOPER as provided in this
Agreement; or (g) public improvements to be constructed by DEVELOPER shall
require an amendment of this Agreement, pursuant to Section 9.2 of this Agreement.
Such amendment shall be limited to those provisions of this Agreement which are
implicated by the amendment of the Project Approval. Any other amendment of the
Project Approvals, or any of them, shall not require amendment of this Agreement
unless the amendment of the Project Approval(s) relates specifically to some provision
of this Agreement.
9.5 Cancellation bv Mutual Consent. Except as otherwise
penuitted herein, this Agreement may be canceled in whole or in part only by the
mutual consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit B
of this Agreement prior to the date of cancellation shall be retained by CITY.
10. Term and Issuance of Project Approvals.
10.1. Rules, Regulations and Policies Applicable to Project.
Approvals. All applications for Project Approvals submitted by DEVELOPER after.
the Effective Date will be considered by CITY in light of and in accordance with only
those rules, regulations and official policies that are permitted to be applied to the
Project pursuant to Sections 6 and 7 above and any Project Approvals issued as of the
Effective Date.
10.2 Term of Project Approvals. Pursuant to California
Government Code Section 66452.6(a), the term of the vesting tentative map
described in Recital D above shall automatically be extended for the term of this
Agreement. The term of any other Project Approval shall be extended only if so
provided in Exhibit B.
Dublin/Alameda Development Agreement
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Page 8 of 18
October 2 I, 1998
I I. Annual Review.
I 1.1 Rexdew Date. The annual review date for this Agreement
shall be August 15, 2000 and each August 15 thereafter.
11.2 Initiation of Review. The CITY's Community
Development Director shall initiate the annual review, as required under
Section 8.56.140 of Chapter 8.56, by giving to DEVELOPER thirty (30) days'
written notice that the CITY intends to undertake such rexdew. DEVELOPER shall
provide evidence to the Community Development Director prior to the hearing on
the annual review, as and when reasonably determined necessary by the Community
Development Director, to demonstrate good faith compliance with the provisions of
the Development Agreement. The burden of proof by substantial evidence of
compliance at the annual review is upon the DEVELOPER.
11.3 Staff Reports. To the extent practical, CITY shall deposit
in the mail and fax to DEVELOPER a copy of all staff reports, and related exhibits
concerning contract performance at least five (5) days prior to any annual rexdew.
11.4 Costs. Costs reasonably incurred by CITY in connection
with the annual review shall be paid by DEVELOPER in accordance with the City's
schedule of fees in effect at the time of .review.
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, ex"pressly including the remedy of specific performance of
this Agreement.
12.2 Notice of Default and Request to Cure..Upon the
occurrence of an event of default by either party, the nondefaulting party shall serve
~a4tten notice of such default upon the defaulting party. ("Notice of Default and
Request to Cure") Failure to give notice shall not constitute a waiver of any default.
12.3 Procedures for Termination. If the default is not cured by
the defaulting party within thirty (30) days after service of the Notice of Default and
Request to Cure ("Cure Period"), the non-defaulting party desiring to terminate this
Dublin/Alameda Development Agreement
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Page 9 of 18
October 21, 1998
Agreement may then commence the termination of this Agreement by serving on the
defaulting party a written "Notice of Intent to Terminate" this Agreement; provided,
however, that if the default cannot be cured within the Cure Period, the
nondefaulting party shall refrain from any such commencement of the termination of
this Agreement or any other legal or equitable action so long as the defaulting party
begins to cure such default within the Cure Period and diligently pursues such cure to
completion.
If a Notice' of Intent to Terminate is served by CITY on DEVELOPER, the
matter shall be reviewed and considered by the City Council in the manner set forth
in California Government Code § 65868. Termination shall be effective upon the
passage of thirty (30) days following such consideration and review by the City
Council, unless the default is resolved to the mutual satisfaction of the parties prior to
such date. If a Notice of Termination is served by DEVELOPER on CITY, within
thirty (30) days after such service, the matter shall be reviewed and considered by the
City Council for the purpose of determining whether City should take any further
· curative action in light of the service by DEVELOPER of a Notice of Intent to
Terminate. Termination shall be effective upon the passage of fifteen (15) days
following such consideration and review by the City Council (or forty-five (45) days
following delivery by DEVELOPER of a Notice of Intent to Temainate if the City
Council fails to complete its review and consideration of such matter in accordance
with the provisions of the preceding sentence), unless the default is resolved to the
mutual satisfaction of the parties prior to such date and evidenced in wa'king.
4 No Damages Against CITY. In no event shall damages be
awarded against CITY upon an event of default or upon termination of this
Agreement.
13. Estoppel Certificate.
Either party may, at any time, and from time to time, request
written notice from the other party requesting such party to certify in writing that,
(a) this Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in writing, or if
so amended, identifying the amendments, and (c) to the knowledge of the certifying
party the requesting party is not in default in the performance of its obligations under
this Agreement, or if in default, to describe therein the nature and amount of any
such defaults. A party receiving a request hereunder shall execute and return such
certificate within thirty (30) days following the receipt thereof, or such longer period
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Pagel0ofl8
October 2 i, 1998
as may reasonably be agreed to by the parties. City Manager of City shall be
authorized to execute any certificate requested by DEVELOPER. Should the party
receiving the request not execute and return such certificate within the applicable
period, this shall not be deemed to be a default, provided that such party shall be
deemed to have certified that the statements in dauses (a) through (c) of this section
are mae, and any party may rely on such deemed certification.
14. -Mortgagee Protection; Certain Rights of Cure.
14.1 Mortgagee Protection. This Agreement shall be superior
and senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render
invalid, diminish or impair the lien of any Mortgage made in good faith and for value,
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 Mortgagee Not Obligated. Notwithstanding. the prox4sions
of Section 14.1 above, no Mortgagee shall have any obligation or duty under this
A~eement, before or after foreclosure or a deed in lieu of foreclosure, to construct or
complete the construction of improvements, or to guarantee such construction of
improvements, or to guarantee such construction or completion, or to pay, perform or
provide any fee, dedication, improvements or other exaction or imposition; provided,
however, that a Mortgagee shall not be entitled to devote the Property to any uses or
to construct any improvements thereon other than those uses or improvements
provided for or authorized by the Project Approvals or by this Agreement.
14.3 Notice of Default to Mortgagee and Extension of Right to
Cure. If CITY receives notice from a Mortgagee requesting a copy of any notice of
default given DEVELOPER hereunder and specifying the address for service thereof,
then CITY shall deliver to such Mortgagee, concurrently with service thereon to
DEVELOPER, any notice given to DEVELOPER with respect to any claim by CITY
that DEVELOPER has committed an event of default. Each Mortgagee shall have
the right during the same period available to DEVELOPER to cure or remedy, or to
commence to cure or remedy, the event of default daimed set forth in the CITY's
notice. CITY, through its City Manager, may extend the thirty-day cure period
prox4ded in paragraph 12.2 for not more than an additional sixty (60) days upon
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Page I 1 of 18
October 21, 1998
request of DEVELOPER or a Mortgagee.
15. Severabilitv.
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.
16. I Action bv CITY or DEVELOPER. If CITY or
DEVELOPER initiates any action at law or in equity to enforce or interpret the terms
and conditions of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs in addition to any other relief to which it may
otherwise be entitled.
I6.2 Action bv Third Party. If any person or entity not a party
to this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreement or the Project Approvals, the parties shall cooperate
in defending such action. DEVELOPER shall bear its o~m costs of defense as a real
party in interest in any such action, and shall reimburse CITY for all reasonable corox
costs and attorneys' fees ex~pended by CITY in defense of any such action or other
proceeding.
17. Transfers and Assi~nments.
17.1 Right to Assi~km. It is anticipated that DEVELOPER
sell the Property to another developer. All of DEVELOPER'S rights, interests and
obligations hereunder may be transferred, sold or assigned in conjunction with the
transfer, sale, or assignment of all of the Property subject hereto at any time during
the term of this Agreement, provided that no transfer, sale or assignment of
DEVELOPER's rights, interests and obligations hereunder shall occur without the
prior written notice to CITY and approval by the City Manager, which approval shall
not be unreasonably withhdd or delayed. The City Manager shall consider and
decide the matter within 10 days after DEVELOPER's notice, provided all necessm-y
documents, certifications and other information are provided to the City Manager.
Notwithstanding the foregoing, no such approval shall be required for any transfer,
sale or assignment of this agreement to Shea Homes Limited Partnership, a California
limited partnership.
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Page 12 of I8
October 21, 1998
17.2 Release Upon Transfer. Upon the transfer, sale, or
assignment of all of DEVELOPER's fights, interests and obligations hereunder
pursuant to subparagraph 17.1 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 Manager approval of such
transfer, sale, or assignment (or, if the transferee is Shea Homes Limited Partnership,
those arising subsequent to the date of such transfer, sale or assignment); provided,
however, that if any transferee, purchaser, or assignee approved by the City Manager.
expressly a~sumes all of the rights; interests and obligations of DEVELOPER under
this 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 the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval.
17.3 Developer's Right to Retain Specified Rights or
Obligations. Notwithstanding subparagraphs 17. I and 17.2 and paragraph 18,
DEVELOPER may withhold from a sale, transfer or assignment of this Agreement
certain rights, interests' and/or obligations which DEVELOPER shall retain, proxdded
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, transfer or assignment of the Property. DEVELOPER's
purchaser, transferee or assignee shall then have no interest or obligations for such
fights, 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 exercise 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. I.
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
execution or recordation of any further document or instrument such lot shall be
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Page 13 of 18
October 2 I, 1998
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. Agreement Runs with the Land.
All of the provisions, rights, terms, covenants, and obligations
contained in this Agreement shall be binding upon the parties and their respective
heirs, successors and assignees, representatives, lessees, and ail other persons acquiring
the Property, or any portion thereof, or any interest therein, whether by operation of
law or in any manner whatsoever. All of the provisions of this Agreement shall be
enforceable as equitable servitude and shall constitute covenants running w/th the
land pursuant to applicable laws, including, but not limited to, Section 1468 of the
Civil Code of the State of California. Each covenant to do, or refrain from doing,
some act on the Property hereunder, or with respect to any owned property, (a) is for
the benefit of such properties and is a burden upon such properties, (b) runs with
such properties, and (c) is binding upon each party and each successive owner during
its ownership of such properties or any portion thereof, and shall be a benefit to and a
burden upon each party and. its property hereunder and each Other person succeeding
to an interest in such properties.
19. Bankruptcy..
bankruptcy.
The obligations of this Agreement shall not be dischargeable in
20. Indemnification.
DEVELOPER agrees to indemnify, defend and hold harmless CITY,
and its elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal fees and
costs) and liability for any personal injury or property damage which may arise
directly or indirectly as a result of any actions or inactions by the DEVELOPER, or
any actions or inactions of DEVELOPER's contractors, subcontractors, agents, or
employees in connection with the construction, improvement, operation, or
maintenance of the Project, provided that DEVELOPER shall have no
indemnification obligation with respect to negligence or wrongful conduct of CITY,
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Page 14 of 18
October 2 I, 1998
its contractors, subcontractors, agents or employees or with respect to the
maintenance, use or condition of any improvement after the time it has been
dedicated to and accepted by the CITY or another public entity (except as provided
in an improvement agreement or maintenance bond).
2 I. Insurance.
21.1 Public Liability and Property Damage Insurance. During
the term of ~his Agreement, DEVELOPEk shall maintain in effect a policy of
comprehensive general liability insurance with a per-occurrence combined single limit
of not less than one million dollars ($1,000,000.00) and a deductible of not more
than ten thousand dollars ($10,000.00) per claim. The policy so maintained by
DEVELOPER shall name the CITY as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2 Workers Compensation Insurance. During the term of this
Agreement DEVELOPER shall maintain Worker's Compensation insurance for all
persons employed by DEVELOPER for work at the Project site. DEVELOPER shall
require each contract°r and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. DEVELOPER agrees to
indemnify the City for any dan~age resulting from DEVELOPER's failure to maintain
any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of
this Agreement, DEVELOPER shall furnish CITY satisfactory evidence of the
insurance required in Sections 21.1 and 21.2 and evidence that the carrier is required
to give the CITY at least fifteen days prior written notice of the cancellation or
zeduction in coverage of a policy: The insurance shall extend to the CITY, its elective
and appointive boards, commissions, officers, agents, employees and representatives
and to DEVELOPER performing work on the Project.
22. Sewer and Water.
DEVELOPER acknowledges that it must obtain water and sewer
permits from the Dublin San Ramon Services District ("DSRSD") which is another
public agency not within the control of CITY.
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Page 15 of 18
October 21, 1998
23. Notices.
All notices required or provided for under this Agreement shall be in
xx~ting. Notices required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Ieanne Pavao
Law Offices of William A. Falik
5010 Discovery Point
Discovery Bay, CA 94514 and
Clark Morrison
Morrison & Foerster
101 Ygnacio Valley Road, Suite 450
Walnut Creek California 94596-8130
A party may change address by giving notice in writing to the other party and
thereafter all notices shall be addressed and transmitted to the new address. Notices
shall be deemed given and received upon personal delivery, or if mailed, upon the
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 following day or
by facsimile transmission which shall be deemed given upon verification of receipt.
24. A~eement is Entire Understanding.
of the parties.
This Agreement constitutes the entire understanding and agreement
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Page 16 of 18
October 2 I, 1998
?'7
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
26. Counterparts.
This Agreement is executed in two (2) duplicate originals, each of
which is deemed to be an original.
27. Recordation.
CITY shall record a copy of this Agreement within ten days
following execution by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY OF DUBLIN:
By: Date:
Mayor
ATTEST:
By: Date:
City Clerk
APPROVED AS TO FORM:
City Attorney
SCHAEFER HEIGHTS ASSOCIATES
By:
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Page 17 of 18
October 2 I, 1998
SCHAEFER HEIGHTS INC.
By:
APPROVED AS TO FORM:
Attorney for DEVELOPERS
(NOTARIZATION ATTACHED)
EHS:tmc
J:\WPD~vlNRSWM 14\64'~.GREEkSCHAEFER.027
Dublin/Alameda Development Agreement
for Schaefer Ranch Project
Page 18 of 18
October 21, 1998
EXHIBIT B
Additional Conditions
The follo~xdng Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparagraph 5.3.1 -- Subsequent Discretionary.. Approvals
Not applicable.
Subparagraph 5.3.2 -- Mitigation Conditions
Subsection a. Roads:
Except as set forth below, Developer shall complete all road improvements to
sex-ce the project site (including both on-site and off-site improvements) in
accordance with the Vesting Tentative Map conditions (Planning Commission
Resolution No. 98-38; hereafter "VTM Resolution") prior to issuance of the First
Certification of Occupancy. All such road improvements shall be constructed to
the satisfaction and requirements of the CITY's Public Works Director,
I. Dublin Boulevard Widening (Hansen,,.Dr. to Silvergate Dr.)
DEVELOPER will widen Dublin Boulevard to four lanes from Hansen
Drive to Sitvergate Drive (including the signal at Silvergate Drive). The
improvements will include the placement of a conduit under the roadway for
Pacific Bell's use. Alternatively, DEVELOPER will coordinate construction to
enable Pacific Bell to install the conduit.
If DEVELOPER obtains a grading permit from CITY by May 1, 1999,
the improvements will be completed no later than September 30, 1999. Not later
than April 30, 1999, DEVELOPER will submit a construction schedule to the
Public Works Director for his review and approval.
If DEVELOPER is not able to obtain a grading permit by May 1, 1999,
Schaefer Ranch Development Agreement
Exhibit B
Page 1 of 6
October 21, 1998
DEVELOPER will submit a construction schedule to the Public Works Director no
later than April 30, 2000 and will complete the improvements no later than
September 30, 2000.
The construction shall be timed so that access to the Valley Christian School
on Dublin Boulevard is not affected and Dublin Boulevard is not closed while
school is in session.
Any fees collected by CITY in the future from developerk identified on
Table II, attached to the August 28, I996 letter referenced in Condition 126 (a
copy of which is attached hereto as Exhibit B- 1.) of the Hansen Ranch
(Warmington) or Gleason projects or from any other developers who pay fees for
improvements to the Dublin Boulevard/Silvergate Drive intersection, Dublin
Boulevard (Silvergate Drive to Hansen Drive) or traffic signals at Dublin Boulevard
and Silvergate Drive and Hansen Drive (identified in CITY's CIP for FY 1998-2003
as project #9601) shall be paid by CITY to DEVELOPER within 60 days .of receipt.
No such pa)maent will be made, however, until the improvements consm2cted by
DEVELOPER are accepted by the CITY.
2. Conditions 54, 55 and 56
Conditions 54, 55 and 56 of the VTM ResOlution require
DEVELOPER to contMbute its fair share of the cost of certain traffic improvements.
These improvements are included in the improvements used to calculate the fee in
Condition 126. DEVELOPER's construction of the improvements pursuant to
Subsection (a)(1) above and the payment described in Subparagraph 5.3.7(b) shall
be in lieu of Conditions 54, 55 and 56.
Subsection b. Miscellaneous
(i)
Completion May be Deferred.
Notwithstanding the foregoing, CITTs Public Works Director
may, in his or her sole discretion and upon receipt of documentation in a foma
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 inspection of the f'zrst building permit for the Project
Schaefer Ranch Development Agreement
Exhibit B
Page 2 of 6
October 21, 1998
if the Public Works Director determines that to do so would not jeopardize the
public health, safety or welfare.
(ii) Improvement Agreement
Prior to consn-ucting the Improvements described in
SUbparagraph 5.3.2(a) (I) above, DEVELOPER shall submit plans and
specifications to CITY's Public Works Director for review and approval and shall
enter into an improvement agreement with CITY for construction and dedication of
the public facilities. All such improvements shall be constructed in accordance with
City's standards and policies which are in force and effect at the time of issuance of
the permit for the proposed improvements.
In the event that CITY enters into an Improvement Agreement
with an optionee of DEVELOPER and accepts bonds fi'om a surety who is obligated
to such optionee and 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 entided to a building permit for any building(s) on the Property until
the improvements are constructed or DEVELOPER enters into an Improvement
Agreement with CITY secured by bonds, as specified in (iii) below. This para~'aph
shall survive termination of the Agreement.
(iii) Bonds
Prior to execution of the Improvement Agreement,
DEVELOPER (or its optionee, with the approval of the Public Works Director)
shall provide a cash monument bond, a performance bond and labor and materials
bond or other adequate security to insure that the Improvements described in
Subparagraph 5.3.2(a)(1) will be constructed at the times required by this
Development Agreement. The performance bond or other security shall be in an
amount equal to 100% of the engineer's estimate of the cost to construct the
improvements (induding design, engineering, administration, and inspection) and
the labor and materials bond shall be in an amount equal to 50% of the engineer's
estimate. The bonds shall be written by a surety licensed to conduct business in
the State of California and approved by CITTs City Manager.
Schaefer Ranch Development Agreement
Exhibit B
Page 3 of 6
October 21, 1998
(iv) Utilities in Public Right-of-Way
All sewer, water storm drainage and other utility improvements
which are located within any public street shall be installed prior to paving the
public street.
Subparagraph 5.3.3 -- Phasing, Timing
With the exception of the road improvements described in Subparagraph
5.3.2(a) this Agreement contains no requirements that DEVELOPER must initiate
or complete development of any phase within any period of time set by CITY.
Subparagraph 5.3.4 -- Financing Plan
Not applicable.
Subparagraph 5.3.5 -- Fees, Dedications
Subsection a:
Development Impact Fees Pavable at Rate in Effect
When Paid
DEVELOPER shall pay all impact fees referenced in the VTM Resolution
(e.g., Conditions 2, 64, 67, 86 and 120), including future amendments to such
impact fees, in the amounts in effect at the time of issuance of building permits.
The parties adcnowledge and agree that CITY shall not impose any
development impact fees which are not in effect on the Effective Date of this
Agreement and further agree that CITY may impose only those increases in existing
development impact fees which are authorized or contemplated by the ordinances,
resolutions or other regulations currently in effect establishing such fees or by the
Project Approvals. Any fee increases are subiect to the provisions of Government
Code section 66000 et seq.
Schaefer Ranch Development Agreement
Exhibit B
Page 4 of 6
October 21, 1998
Subsection b: Fair Share of Improvements
Construction of the improvements described in
Subparagraph 5.3.2(a)(1 ) (Dublin Boulevard Widening [Hansen Drive to Silvergate
Drive]) and the payment described in Subparagraph 5.3.7(b) will be in lieu of the
fees required to be paid pursuant to Condition 126 of the VTM Resolution.
Subpara~aph 5.3.7 -- Miscellaneous
Subsection a. Construction Traffic
DEVELOPER will assure that construction vehicles
operated by DEVELOPER's contractors and their subcontractors for the Project will
not use existing Dublin Boulevard at any time. Notwithstanding the foregoing,
DEVELOPER and its contractors may use existing Dublin Boulevard between the
hours of 8:30 a.m. and 2:30 p.m. as follows: (1) for empty construction vehicles
used for consu~action of the western extension of Dublin Boulevard; and (2) to
bring equipment for earth work, subdrain pipe and rode to the western tem~inus of
ex4sting Dublin Boulevard for construction of the western extension of Dublin
Boulevard.
Upon request of DEVELOPER, CITY's Public Works
Director may allow periodic use of existing Dublin Boulevard for consu-uction
vehicles in case of unforeseen circumstances relating to consu-uction operations or
to have dirt from the Propm"ty (from the western extension of Dublin Boulevard
construction) to use for the widening of Dublin Boulevard from Hansen Drive to
Silvergate Drive. DEVELOPER agrees to pay CITY the sum of $1000 for each
x4olation of this provision within 30 days of written notice from CITY to
DEVELOPER with documentation of such violation.
As used herein, "construction vehicles" means al1 trudcs exceeding 3 tons,
"existing Dublin Boulevard" refers to the portion of Dublin Boulevard so designated
on Exhibit B-2; and "western extension of Dublin Boulevard" refers to the area so
designated on Exhibit B-2.
Schaefer Ranch Development Agreement
Exhibit B
Page 5 of 6
October 2 I, 1998
Subsection .b.
Payment for Project's Share of DUblin Boulevard
Widening (Donlan Drive to San Ramon Road)
Within 90 days of the Effective Date, DEVELOPER shall
pay to CITY the sum of $231,061, plus interest from August 19, 1997 to the date
of payment. The interest rate shall be equal to. the average annual rate paid by the
State Treasurer'for the local agency investment fund (LAIF) as calculated by the
City Treasurer. Unpaid interest shall be included in the bal~/nce owed on an annual
basis. The payment of said amount consists of DEVELOPER's proportionate share
of the widening of Dublin Boulevard from Donlan Drive to San Ramon Road
(identified in CITY's CIP as project #9696), which improvements have already
been constructed by CITY.
SubSection c. Fire Station Location
DEVELOPER will reserve a .65 acre site for a future fire station in the
location shown as Parcel No. S on the Vesting Tentative Map (#6765). Upon 60
days written notice from CITY, DEVELOPER will dedicate this site to CITY. The
land and underlying groundwater shall be free of hazardous substances. This
obligation shall survive termination of this Agreement but shall terminate I 0 years
fi-om the Effective Date.
Subsection d.
P.urchase .of Property for Extension of Dublin
Boulevard
CITY will execute a quit claim deed to DEVELOPER for
the property desc.ribed on Exhibit B-2 in exchange for the sum of $55,800, plus
interest from October 24, 1995 until the date of conveyance. The interest rate
shall be equal to the annual rate paid by the State Treasurer for the local agency
investment fund (LAIF) as calculated by the City Treasurer. Unpaid interest shall
be included in the balance owed on an annual basis. Such property will be
conveyed in its "as is" condition with no representations regarding its condition.
The conveyance will be made within 90 days of the Effective Date.
J:\WPDXaMN RSVCd 14\64XAGtLEELEX_B.O27
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Schaefer Ranch Development Agreement
Exhibit B
Page 6 of 6
October 21, 1998
-r3KM. TF'd:~NSPORTRT~ ON "--~ -
Fa~ :-SlO-~bo-oo'~u
Consultants
August 2B, 15~6
Sr. Civil Engineer
City of rYablin
I00 Civic Pt:ma
Dubtim CA 94568
Subject: W~t Dublin Traffic Imtmet F~ Study
(TJKM Project
This letter prr_zents tI~ results of TJKM's mr-tic impact fee maly,i~ for projects in West
Dublin The roadway improv~an~'tt projects inclu~ those impact~ by th~ Schaefer Ram:h,
IXmlan Canyon, Ha.qsen Ranch and Gleason developments. The improvement project,
spcci~ by the City to bs included in tI~ study are thc following:
I. Dublin Bouleva.rdfS0ve~ Drive inte~ztion rezonfigurafion
2. Dub!in Boulevard wi~ betw~n Silvergam Drive and Hansen Drive
3. Dublin Boulevard u-zffic s/gnal~ at Silvergam Drive md at H:ms..en Drive
4. Dublin Boulcvard widening bctw~n Donton Way and San Ramon Road.
TJKM calculateA impa~ fe~ based on r. hc propo~on af traffic from each of'me four
dev¢~ent, that will impact each of the four roadway improvement proj~'zs. The City
provided cost estimates for ail improvement projects, ex,pt for the Dublin Boulevard traffi~
slgna]~ for which TJK]v[ c,stimatm/the c0sm.
Trip Generation and Distributi~
The trip generation axsumptiom for the developments are based on daily trip rates dtw=topsd
by the tmtlmte of Tran.~m Engineem and ar2~p~ by the City of Dublin Table I
summarizes the trip gensratkm axs,ymptions for ali four dzvelopmenls. Trip distrilmrion
as.~?npfion$ were devclot:ed baseg o:n existing travel parrems,'lcr~wledge of the study area,
and Information con~ in p~vious mtffic studies.
Tragt~ In.ct Fee Calealatlons
The r, hare of the cost of each madw8y improv~nem was calculated for all four dcvelcsmamts.
TI~ estimamd eogt r2mms were demtmined by distrib~ng each develogment's traffic to all
si~ local roadways, determining the pemmarage of each &-velopmmat's daily traffic
Lmpacfing th, wadway improvement, and !amtx~rtioning Ihe e~ improvement cost araortg
It wa~ foam that tt~ two traffic signals, Improvemmt Project 3, do not mint sSgnaI warrm~
ard ars~ not mqmit~ un~ after ~ occupancy of Donlon Canyon and Hamsn Rash P'mse I.
Therefore, only the Hamen Ranch Phase IT, Gleason and Schasfer Ranch projects are izxiicar~
to fuad tbs mo traffic signals.
lG3,7 Chahal Drive. Suite 214. Ple. a~anlcm, C..Mi{'nrnla qAS£R-2"/5,~, {510) z[6'l. DGI t, Fax (~ilO) 463-3690
EXHIBIT B. I
Table I: West Dublin Trip Generation
Conci~ion~
The wml ~ cost of the impwvements is $2,134,719. This amoxmt includes a rectu..,'tion
to ace. onto for previous conl:rilxttians from additional nearby development. The imp~ fe~_
are ~a~rnmarize, d in Table IL
I l'~ope this analysis will be Iw. lpful m you. If you have any questions regaxgi~ it, pt~ase do
S~!y,
Chri~p~r S. KirrmI
West Dubll~1 Traffic Iml~mt Foe9
' S~ha~fer ~ai~ch Donlan C.nyon Hansen ~h
Pt~se I Phase II
, Impmvomenls . ~t ...~ilY Tri~ ~ . ,7~3 . 1,7~ 720 1,0~ 170 ..... 1
iblin Blvd.~llve~ato Dr. I~ ~7,079 Proj% 4B% 75%' 75% '75% 75%
Prol Vol. 3,7~9 ~,2~ ~0
% Total ~~ .. 20% B% 1
Jblin BNd., S{Ivmgale Dr. la Harmon ~. $1,373,~ . Pmi % 44% 75% 70% 7~ 70%
Pmj Vol. 3,473 ~,2~ 5~ 7~ 1 lg 6,143
% Total ......~~ 21% 0%
ubiln B~d. S~ls ~ Gllve~ate Dr. & H~on Dr. $~,0~ Pmi %~~ 0% 0% 72% 7~
Pro} Vol. 3,~1 0 0 770
% Total B0% 0% ~ 17% 3% 1~.
)ublln B~d., ~on Wy. to San ........ Ra[~n Rd. ~oB,73B Pr~j % ~~ 75% 7~ 7~
Pro] Vol. 3,473 1,2~ ~ 756 1 lg 6,143
To J ..... 57% 21% 8%
~t .. $231,081 ~5,92G ~3~532 $~2~ $7~gl
M~tlnlslm~ve/Aml~le $5,0~ % Total 25% 25% 12.5% 1
ro~ Co~t ...... ~ $1~276~597 $~2~ $~74B . $2~,2~. $44~ $2~1~719
3:42 PM
1996-2001 CAPITAL IMPROVEMENT PROGRAM
PROJECT NUMBER PROJECT DESCRIPTION ACTIVITY
9601 . Dublin Boulevard Improvements STREETS
Sllvergate Drive to Hansen Drive
DESCRIPTION - LOCATION
This project would widen Dublin Boulevard between
Silvergate Drive and Hansen Drive from two to four lanes
and has realigned the Dublin Boulevard/Silvergate
intersection into a standard 'q"' intersection. This
widening would take place on the south side of the street
where there is sufficient right-of-way to make these
improvements, in addition, the project would repair the
existing roadway section, as the roadway fill is
undergoing creeping soil instability. Traffic signals will
be installed at the intersections of Dublin Boulevard and
Silvergate Drive and at Dublin Boulevard and Hansen
Drive.
COMMENTS
The addition of new residential projects proposed to be constructed to the west of this intersection along Dublin
Boulevard will require the widening of Dublin Boulevard from two to four lanes between Silvergate Drive and
Hansen Drive. Those new projects will pay their share of the project. In 1992, the first phase of the work realigned
the Dublin Boulevard/Silvergate Drive intersection through restriping and pavement modifications. It is anticipated
that the addition of major new traffic will magnify the pavement distress, requiring repairs simultaneous with the
widening. The developers of the Hansen, Donlon and Schaefer projecis are obligated to share the costs of this
project based on their proportionate generation of traffic. The sum of $456,992 has been collected to date from
developer fees, $111,129 of which was used to construct Phase I of this projec{. In 1997-98, a traffic signal at the
intersection of Dublin Boulevard and Hansen Drive will be installed and part of Dublin Boulevard west of Hansen
Ddve will be widened. The private driveway south of the intersection will be modified to align with Hansen Drive due
to the signalization.
FINANCING/YEARS SCHEDULE
E~T1MAT~D COSTS Fund PriorYears 1996-97 1997-98 1998-99 1999-2000 2000-01 Tot. ats
Prelim Engineering
Design & Inspection
Professional Services
Right-of-Way
Improvements
Machinery/Equipment
Miscellaneous
$ 20,000
162,541
1,633.475
2,413
Phase I
3013 $ 111,129 S 111.129
Phase 11
300 $ 345,80O $
2O3
1,264,054 1,609,854
97,4-46 97,446
TOTAL $ 1,818,429 TOTALS $ 111,129 $ :345,B00 $ 1,361,500 . $ 1,SlS,429
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'd
CCI.
Rgure I-6
INTERIM STREET
NAMES