HomeMy WebLinkAbout00-036 TssjrCrkPhs 2/DA 07-24-2001 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: July 24, 2001
SUBJECT:
PUBLIC HEARING - PA 00-036 Tassajara Creek Phase II
(Greenbriar Property Residential Development) Development
Agreement
(Report Prepared by: Jeri Ram, Planning Manager)'~'J~'
ATTACHMENTS:
Resolution recommending that the City Council adopt an
Ordinance approving a Development Agreement between the
City of Dublin and GHC Investments, LLC for Greenbriar
Homes Communities, Inc. (with Development Agreement
attached as Exhibit A)
RECOMMENDATION:
1)
2)
3)
4)
5)
Open public hearing and hear Staff presentation.
Take testimony from the Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Adopt Resolution relating to PA 00-036
DESCRIPTION:
An Ordinance approving a Development Agreement between the City of Dublin and GHC Investments,
LLC for Greenbriar Homes Communities, Inc. The Development Agreement is required by the Eastern
Dublin Specific Plan. Items in the Development Agreement include, but are not limited to, the financing
and timing of infrastructure; payment of traffic, noise and public facilities impact fees; improvements of
roads and general provisions.
BACKGROUND:
The proposed Tassajara Creek Phase II project was part of a larger project approval (PA 98-062 Tassajara
Creek - Greenbriar project). The Applicant received approvals for a General Plan Amendment and Specific
Plan Amendment consistent with the Eastern Dublin Specific Plan that changed the land use designation from
Junior High School to Medium Density Residential; and a PD Rezone - Stage 1 PD that re-zoned the property
to Medium Density Residential and Open Space.
A Vesting Tentative Map and Site Development Review for this project were approved by the Planning
Commission on March 13, 2001. The City Council approved a PD Rezone - Stage 2 Development Plan on
April 3, 2001. The project consists of an approximate 8-acre site divided into 46 single family residential lots
on 5.66 acres; t .4 acres of creek corridor open space (parcel D); and .9 acres of creek corridor open space
COPIES TO: Applicant
Property Owner
PA File
Project Managerx~'
ITEM NO. ( ) ~
(parcel E).
ANALYSIS:
One of the implementing actions of the Eastern Dublin Specific Plan calls for the City to enter into
Development Agreements with developers in the plan area. The Development Agreement provides
security to the developer that the City will not change its zoning and other laws applicable to the project
for a specified period of time. Additionally, it is a mechanism for the City to obtain commitments from
the developer that the City might not otherwise be able to obtain. The Development Agreement is one
means the City has to assure that the Specific Plan goal, that new development fund the costs of
infrastructure and service, is met.
The proposed Development Agreement between the City of Dublin and GHC Investments, LLC for
Greenbriar Homes Communities, Inc. is attached as Attachment 2 to this staff report. The Development
Agreement is based on the standard Development Agreement developed by the City Attorney and adopted
by the City Council for Eastern Dublin Projects. In general, the Agreements reflect what has been
determined to be the infrastructure needs for the specific project. These needs are determined based on
submittal of engineering studies and plans.
City procedure requires that there be three public hearings on Development Agreements. The purpose for
the hearing before the Plarming Commission is to recommend approval of the Development Agreement to
the City Council.
The City Attorney drafted the proposed Development Agreement with input from City staff, the project
developer, and their respective attorneys. The Development Agreement sets forth the agreements between
the parties in relation to many items, including, but not limited to, infrastructure construction and phasing,
maintenance of trail and landscaping, reimbursement for public service costs as a result of the Lin Family
and City of Dublin Annexation Agreement, and the payment of various required impact fees. The
Development Agreement becomes effective for a term of five years from the date it is recorded. The
Development Agreement runs with the land and the rights thereunder can be assigned.
The City requires that Developers in Eastern Dublin pay traffic impact fees for certain City-wide
improvements to the circulation system. Additionally, fees are charged for certain circulation
improvements specific to Eastern Dublin. Developers are also required to make certain improvements to
the circulation system that are required as a result of their project.
2
GENERAL INFORMATION
APPLICANT:
Patrick Costanzo, Jr.
Greenbriar Land Company
4340 Stevens Creek Boulevard, Suite 240
San Jose, CA 95129
LOCATION:
Koller Property on the west side of Tassajara Road, north of the Casterson
Development. The project site consists of approximately 8 acres.
ASSESSOR PARCEL: 986-0002-002-02
GENERAL PLAN
DESIGNATION:
Medium Density Residential
SPECIFIC PLAN
DESIGNATION:
Medium Density Residential
ENVIRONMENTAL:
The proposed project is within the scope of the certified Eastern Dublin
Specific Plan Program EIR and Addenda and adopted Mitigated Negative
Declaration for the initially approved Tassajara Creek - Greenbriar Homes,
Communities, Inc. Residential Development project (PA 98-062). The
Program EIR & Addenda and the Mitigated Negative Declaration
adequately describe the impacts of the proposed Phase II project, and there
have been no substantial changes or new information which would
necessitate supplementing the Program EIR or Mitigated Negative
Declaration pursuant to Public Resources Code section 21166 and CEQA
guidelines Section 15162.
3
RESOLUTION NO. 0l-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL
ADOPT A DEVELOPMENT AGREEMENT FOR PA 00-036 TASSAJARA CREEK PHASE II
(GREENBRIAR PROPERTY RESIDENTIAL DEVELOPMENT)
WHEREAS, GHC Investments, LLC has requested approval of a Development Agreement for Tract 7279
Tassajara Creek Phase II Project (Greenbriar Residential Development) located on approximately 8 acres at the
Koller Property on the west side of Tassajara Road, north of the Casterson Development; and
WHEREAS, a Development Agreement is required as an implementing measure of the Eastern Dublin
Specific Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found, pursuant
to CEQA Guidelines Section 15182, that the proposed residential project is within the scope of the Final
Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan which was
certified by the City Council by Resolution No. 51-93, and the Addenda dated May 4, 1993, and August 22, 1994
(the "EIR'), and has further found that the proposed project is consistent with the adopted Eastern Dublin Specific
Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found, that based
on the Eastern Dublin Program EIR and the project MND, the project as proposed, conditioned and mitigated will
not have a significant environmental effect (Resolution 00-06); and
WHEREAS, the Planning Commission did hold a public hearing on said application on July 24, 2001; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend
that the City Council approve the Development Agreement; and
WHEREAS, the Planning Commission did hear and use their independent judgment and considered all
said reports, recommendations and testimony hereinabove set forth.
NOW THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make
the following findings and determinations regarding said proposed Development Agreement:
1. Said Agreement is consistent with the objectives, policies, general land uses and programs
specified in the City of Dublin General Plan and the Eastern Dublin Specific Plan in that, a) the General Plan and
Eastern Dublin Specific Plan land use designations for the subject site are Medium Density Residential and Open
Space and that this is a residential development consistent with that designation; b) the project is consistent with
the fiscal policies in relation to provision of infrastructure and public services of the City's General Plan and
Eastern Dublin Specific Plan; c) the Agreement sets forth the rules the Developer and City will be governed by
during the development process which is required by the Eastern Dublin Specific Plan; the Mitigation Monitoring
Program of the Eastern Dublin Specific Plan, and the Mitigation Monitoring Program of the project Mitigated
Negative Declaration.
2. Said Agreement is compatible with the uses authorized in, and the regulations prescribed for, the
land use districts in which the real property is located in that the project approvals include a Planned Development
Rezoning adopted specifically for the Greenbriar Project.
ATTACHMENT ]
3. Said Agreement is in conformity with public convenience, general welfare and good land use
practice in that the Greenbriar Project will implement land use guidelines set forth in the Eastern Dublin Specific
Plan and City of Dublin General Plan which have planned for single family residential development at this
location.
4. Said Agreement will not be detrimental to the health, safety and general welfare in that the
development will proceed in accordance with the Agreement and any Conditions of Approval for the Project; and
5. Said Agreement will not adversely affect the orderly development of the property or the
preservation of property values in that the development will be consistent with the City of Dublin General Plan and
Eastern Dublin Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council approve the Development Agreement between GHC Investments LLC
and the City of Dublin (attached as Exhibit A) for Tract 7279 Tassajara Creek Project Phase 11
PASSED, APPROVED AND ADOPTED this 24th day of July 2001.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Community Development Director
G:\PA00-036 PCDA Reso.doc
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
GHC INVESTMENTS, LLC.
FOR TRACT 7279
TASSAJARA CREEK PROJECT PHASE II
EXHIBIT
THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this __ day of _, 2001, by and between the CITY
OF DUBLIN, a Municipal Corporation (hereafter "City"), and GHC Investments,
LLC. a Delaware Limited Liability Company (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 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. DEVELOPER and CITY are parties to a development agreement
for Phase I of the Tassajara Creek Project which consists of Lots I to 126, which
development agreement is dated November 2, 2000 and was recorded on April
9, 2001 at 2001118832.
D. The Eastern Dublin Specific Plan requires DEVELOPER to enter
into a development agreement for all phases of the Tassajara Creek Project; and
E. DEVELOPER desires to develop and holds legal interest in
approximately 52.95 acres of that certain real property consisting of
approximately 64.39 acres of land, located in the City of Dublin, County of
Alameda, State of California owned by the Marjorie R. Koller 1993 Living Trust
and Carolyn A. Adams. Developer has received the following land use approvals:
General Plan and Eastern Dublin Specific Plan amendment (Council Resolution
No. 32-00) (applicable to all 64.39 acres); PD District Rezone and Stage 1
Development Plan (Council Ordinance No. 7-00) (applicable to all 64.39 acres);
PD District Rezone and Stage 2 Development Plan for Phase I (Council
Ordinance No. 7-00) (applicable to 52.95 acres); and Vesting Tentative Map for
Tract 7075 (Planning Commission Resolution No. 00-10) (applicable to 64.39
acres, creating 131 lots and Parcels A through J); and final map for Tract 7075;'
and F. Developer has received more specific approvals for a 8.31 acre portion of
the 52.95 acres (which 8.31 acres consist of Parcels 127. 128, B, D and E as
shown on the Vesting Tentative Map for Tract 7075, which are more particularly
described in Exhibit A attached hereto and incorporated herein by this reference,
and which real property is hereafter called the "Property"; and
G. DEVELOPER proposes the development of the Property with 21
cluster homes and 25 traditional homes for a total of 46 single family homes (the
"Project" or "Phase II Project"); and
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for Greenbriar Phase 2 July 2, 2001
H. DEVELOPER has applied for, and CITY has approved or is
processing, various land use approvals in connection with the development of the
Phase II Project, including PD District rezoning and Stage 2 Development Plan
(City Council Ordinance No. 4-01), Vesting Tentative Map for Tract 7279
(Planning Commission Resolution No. 01-04) which further subdivided Lots 127
and 128 into 46 lots, and site development review (Planning Commission
Resolution No. 01-04) (collectively, together with any approvals or permits now or
hereafter issued with respect to the Project, the "Project Approvals"); and
I. Development of the Property by DEVELOPER may be subject to
certain future discretionary approvals, which, if granted, shall automatically
become part of the Project Approvals as each such approval becomes effective;
and
J. CITY desires the timely, efficient, orderly and proper development
of said Phase II Project; and
K. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with
Chapter 8.56; and
L. CITY 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. CITY and DEVELOPER will enter into a similar development
agreement consistent with this agreement for the balance of DEVELOPER's
52.95 acres following approval of a Stage 2 Development Plan for such land and
approval of further tentative maps; and
N. Pursuant to the California Environmental Quality Act (CEQA) the
City Council adopted Resolution No. 31-00 finding that the Project is within the
scope of the Final Environmental Impact Report for the Eastern Dublin General
Plan Amendment and Specific Plan (SCH 91103064) which was certified by the
Council by Resolution No. 51-93 and the Addenda dated May 4, 1993 and
August 22, 1994 (the "EIR") and the Mitigated Negative Declaration for PA 98-
062 Greenbriar Land Company Tassajara Creek Residential Project (SCH
99102104) and adopted a Mitigated Negative Declaration for the Project and filed
a Notice of Determination on March 23, 2000; and
O. On
adopted Ordinance No.
ordinance took effect on
., the City Council of the City of Dublin
approving this Development Agreement. The
,2001.
Dublin/Greenbriar Development Agreement Page 3 of 16
for Greenbriar Phase 2 July 2, 2001
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
1. Description of Property.
The Property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer.
The DEVELOPER has a legal or equitable interest in the Property in that it
is under contract 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
DEVELOPER is not an agent of CITY. The CITY and DEVELOPER hereby
renounce the existence of any form of joint venture or partnership between them,
and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as making the CITY and DEVELOPER
joint venturers or partners.
4. Effective Date and Term.
4.1 Effective Date. The effective date of this Agreement shall be the
date upon which this Agreement is signed by City.
4.2 Term. The term of this Development Agreement shall commence
on the effective date and extend five (5) years thereafter, unless said term is
otherwise terminated or modified by circumstances set forth in this Agreement.
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
Dublin/Greenbriar Development Agreement Page 4 of 16
for Greenbriar Phase 2 July 2, 2001
(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.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
other approvals from regulatory agencies.)
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 Project or otherwise relating to development
of the Project.
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 plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5 Fees, Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
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
Dublin/Greenbriar Development Agreement Page 5 of 16
for Greenbriar Phase 2 July 2, 2001
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 of this Agreement.
6.2 Rules re Design and Construction. Unless otherwise expressly
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 expressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance
with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and
Fire Codes and Title 24 of the California Code of Regulations, relating to Building
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.
7.1 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 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 have general applicability.
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 expressly 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
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for Greenbriar Phase 2 July 2, 2001
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 complying with the Specific
Plan shall be those set forth in the Project Approvals and in this Agreement
(including Exhibit B). The CITY shall not impose or require payment of any other
fees, dedications of land, or construction of any public improvement or facilities,
shall not increase or accelerate existing fees, dedications of land or construction
of public improvements, in connection 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).
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.
8.3 New Taxes. Any subsequently enacted city-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
8.4 Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution and DEVELOPER does not return its ballot,
DEVELOPER agrees, on behalf of itself and its successors, that CITY may count
DEVELOPER's ballot as affirmatively voting in favor of such assessment, fee or
charge.
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
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for Greenbriar Phase 2 July 2, 2001
this Agreement or require changes in plans, maps or permits approved by the
City, the parties shall meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation.
Any such amendment or suspension of the Agreement shall be approved by the
City Council in accordance with Chapter 8.56.
9.2 Amendment by Mutual Consent. This Agreement may be amended
in writing from time to time 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 public hearing before either the Planning Commission or the City
Council before the parties may execute an amendment hereto. CITY's Public
Works Director shall determine whether a reservation or dedication is
"significant".
9.4 Amendment of Proiect Approvals. Any amendment of Project
Approvals relating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (d) the density or intensity of
use of the Project; (e) the maximum height or size of proposed buildings; (f)
monetary contributions by the DEVELOPER; or (g) public improvements to be
constructed by DEVELOPER shall require an amendment of this Agreement.
Such amendment shall be limited to those provisions of this Agreement which
are implicated by the amendment of the Project Approval. Any other amendment
of the Project Approvals, or any of them, shall not require amendment of this
Agreement unless the amendment of the Project Approval(s) relates specifically
to some provision of this Agreement.
9.5 Cancellation by Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in 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.
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for Greenbriar Phase 2 July 2, 2001
10. Term of Proiect Approvals.
Pursuant to California Government Code Section 66452.6(a), the term of
the vesting tentative map described in Recital H 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.
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement shall be
August 15, 2002 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 review. 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 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 review.
11.4 Costs. Costs reasonably incurred by CITY in connection with the
annual review shall be paid by DEVELOPER in accordance with the City's
schedule of fees in effect at the time of review.
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, expressly including the remedy of specific
performance of this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
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for Greenbriar Phase 2 July 2, 2001
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3 No 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 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 clauses (a) through (c) of this section are true, 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 provisions of
Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, 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
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for Greenbriar Phase 2 July 2, 2001
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
14.3 Notice of Default to Mortgagee and Extension of Right to Cure. If
CITY receives notice from a Mortgagee requesting a copy of any notice of default
given DEVELOPER hereunder and specifying the address for service thereof,
then CITY shall deliver to such Mortgagee, concurrently with service thereon to
DEVELOPER, any notice given to DEVELOPER with respect to any claim by
CITY that DEVELOPER has committed an event of default. Each Mortgagee
shall have the right during the same period available to DEVELOPER to cure or
remedy, or to commence to cure or remedy, the event of default claimed set forth
in the CITY's notice. CITY, through its City Manager, may extend the thirty-day
cure period provided in paragraph 12.2 for not more than an additional sixty (60)
days upon request of DEVELOPER or a Mortgagee.
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 or DEVELOPER initiates any action at law or in equity to enforce
or interpret the terms and conditions of this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs in addition to any
other relief to which it may otherwise be entitled. If any person or entity not a
party to this Agreement initiates an action at law or in equity to challenge the
validity of any provision of this Agreement or the Project Approvals, the parties
shall cooperate in defending such action. DEVELOPER shall bear its own costs
of defense as a real party in interest in any such action, and shall reimburse
CITY for all reasonable court costs and attorneys' fees expended by CITY in
defense of any such action or other proceeding.
17. Transfers and Assignments.
17.1 Right to Assign. It is anticipated that DEVELOPER may sell,
transfer or assign portions of its Property to other developers (each such other
developer is referred to as a "Transferee"). In connection with any such sale,
transfer or assignment to a Transferee, DEVELOPER may sell, transfer or assign
to such Transferee any or all rights, interests and obligations of DEVELOPER
arising hereunder and that pertain to the portion of the Property being sold or
transferred, to such Transferee, provided, however, that: no such transfer, sale or
assignment of DEVELOPER's rights, interests and obligations hereunder shall
Dublin/Greenbriar Development Agreement Page 11 of 16
for Greenbriar Phase 2 July 2, 2001
occur without prior written notice to CITY and approval by the City Manager,
which approval shall not be unreasonably withheld or delayed.
17.2 Approval and Notice of Sale, Transfer or Assignment. The City
Manager shall consider and decide on any transfer, sale or assignment within ten
(10) days after DEVELOPER's notice, provided all necessary documents,
certifications and other information are provided to the City Manager to enable
the City Manager to determine whether the proposed Transferee can perform the
DEVELOPER's obligations hereunder. Notice of any such approved sale,
transfer or assignment (which includes a description of all rights, interests and
obligations that have been transferred and those which have been retained by
DEVELOPER) shall be recorded in the official records of Alameda County, in a
form acceptable to the City Manager, concurrently with such sale, transfer or
assignment.
17.3 Effect of Sale, Transfer or Assignment. DEVELOPER shall be
released from any obligations hereunder sold, transferred or assigned to a
Transferee pursuant to subparagraph 17.1 of this Agreement, provided that: a)
such sale, transfer or assignment has been approved by the City Manager
pursuant to subparagraph 17.1 of this Agreement; and b) such obligations are
expressly assumed by Transferee and provided that such Transferee shall be
subject to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval
pursuant to subparagraphs 17.1 and 17.2 of this Agreement.
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 17.1.
17.5 Termination of Agreement Upon Sale of Individual Lots to Public.
Notwithstanding any provisions of this Agreement to the contrary, the
burdens of this Agreement shall terminate as to any lot which has been finally
subdivided and individually (and not in "bulk") leased (for a period of longer than
one year) or sold to the purchaser or user thereof and thereupon and without the
execution 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.
Dublin/Greenbriar Development Agreement Page 12 of 16
for Greenbriar Phase 2 July 2, 2001
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 all other persons
acquiring the Property, or any portion thereof, or any interest therein, whether by
operation of law or in any manner whatsoever. All of the provisions of this
Agreement shall be enforceable as equitable servitude and shall constitute
covenants running with the land pursuant to applicable laws, including, but not
limited to, Section 1468 of the Civil Code of the State of California. Each
covenant to do, or refrain from doing, some act on the 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.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
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, 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).
Certain of the project conditions, including but not limited to Condition no.
3 of the Planning Commission Resolution 01-04, require DEVELOPER to obtain
necessary permits from other agencies prior to project activity specified in the
condition. Should DEVELOPER fail to obtain all necessary permits,
DEVELOPER agrees to indemnify CITY, as set forth above, even if CITY issued
permits for the specified project activity.
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for Greenbriar Phase 2 July 2, 2001
21. Insurance.
21.1 Public Liability and Property Damaqe 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 ($1,000,000.00) with a Twenty Five Thousand Dollar
($25,000) self insurance retention 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 contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. DEVELOPER agrees to
indemnify the City for any. damage resulting from DEVELOPER's failure to
maintain any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of this
Agreement, DEVELOPER shall furnish CITY satisfactory evidence of the
insurance required in Sections 21.1 and 21.2 and evidence that the carrier is
required to give the CITY at least fifteen days prior written notice of the
cancellation or reduction in coverage of a policy. The insurance shall extend to
the CITY, its elective and appointive boards, commissions, officers, agents,
employees and representatives and to DEVELOPER performing work on the
Project.
22. Sewer and Water.
DEVELOPER acknowledges that it must obtain water and sewer permits
from the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of CITY.
23. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
FAX No. (925) 833-6651
Dublin/Greenbriar Development Agreement Page 14 of 16
for Greenbriar Phase 2 July 2, 2001
Notices required to be given to DEVELOPER shall be addressed as follows:
Patrick Costanzo, Jr.
GHC Investment
4340 Stevens Creek Boulevard, #240
San Jose, CA 95129
FAX No. (408) 556-1859
A party may change address by giving notice in writing to the other party and
thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
following day or by facsimile transmission which shall be deemed given upon
verification of receipt.
24. Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement of the
parties.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
26.
Exhibit A
Exhibit B
Counterparts.
Legal Description of Property
Additional Conditions
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
Dublin/Greenbriar Development Agreement Page 15 of 16
for Greenbriar Phase 2 July 2, 2001
ATTEST:
By: Date:
City Clerk
APPROVED AS TO FORM:
City Attorney
GHC INVESTMENTS, LLC
a Delaware Limited Liability Company
By: Greenbriar Homes Communities, Inc.
A California Corporation, Its Manager
By:
Its:
Date:
(NOTARIZATION ATTACHED)
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Dublin/Greenbriar Development Agreement Page 16 of 16
for Greenbriar Phase 2 July 2, 2001
EXHIBIT A
Description of Real Property
All that certain real property situate in the City of Dublin, County of Alameda, State of
California, more particularly described as follows:
All of Lots 127, 128, Parcels B, D and E, as shown on the Map of Tract 7075, recorded
on April 18, 2001, in Map Book 257, Pages 47 through 61, inclusive, Alameda County
Records.
Containing 8.31 Acres, more or less.
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Dublin/Greenbriar Development Agreement EXHIBIT A
for Greenbriar Phase 2
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparagraph 5.3.1 -- Subsequent Discretionary Approvals
None.
Subpara.qraph 5.3.2 -- Mitigation Conditions
Subsection a. Infrastructure Sequencin~ Pro_~ram
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) described in Resolution No. 01-04 of the City of Dublin Planning
Commission Approving the Vesting Tentative Map and Site Development Review for the
Greenbriar Land Company Tassajara Creek Development" (hereafter "TM Resolution")
shall be completed by DEVELOPER to the satisfaction of the Public Works Director at
the times and in the manner specified in the TM Resolution unless otherwise provided
below. All such roadway improvements shall be constructed to the satisfaction and
requirements of CITY's Public Works Director.
(ii) Sewer
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with the tentative map
and DSRSD requirements.
(iii) Water
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the tentative map
to the satisfaction and requirements of the CITY's fire department.
All potable water system components to serve the project site (or
any recorded phase of the Project) shall be completed in accordance with the tentative
map and DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map.
Dublin/Greenbriar Development Agreement Page 1 of 6
for Greenbriar Phase 2 July 10, 2001
(iv) Storm Drainage
Prior to issuance of the first Certificate of Occupancy for any
building which is part of the Project, the storm drainage systems off site, as well as on
site drainage systems to the areas to be occupied, shall be improved to the satisfaction
and requirements of the Dublin Public Works Department applying CITY's and Zone 7
(Alameda County Flood Control and Water Conservation District, Zone 7) standards
and policies which are in force and effect at the time of issuance of the permit for the
proposed improvements and shall be consistent with the Drainage Plan. The site shall
also be protected from storm flow from off site and shall have erosion control measures
in place to protect downstream facilities and properties from erosion and unclean storm
water consistent with the Drainage Plan. As used herein, "Drainage Plan" shall refer to
CITY's master drainage plan.
(v)
Other Utilities (e.g. gas, electricity, cable televisions,
telephone)
Construction shall be complete by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of occupancy.
Subsection b. Miscellaneous
(i) Completion May be Deferred.
Notwithstanding 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 public improvements for the Project if the Public
Works Director determines that to do so would not jeopardize the public health, safety
or welfare.
Subparagraph 5.3.3 -- Phasing, Timing
This Agreement contains no requirements that DEVELOPER must initiate or
complete development of the Project within any period of time set by CITY. It is the
intention of this provision that DEVELOPER be able to develop the Property in
accordance with its own time schedules and the Project Approvals.
Subparagraph 5.3.4 -- Financing Plan
DEVELOPER will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements which qualify for credits as provided in
Subparagraph 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and recycled
water services to the Project will be made available by the Dublin San Ramon Services
Dublin/Greenbriar Development Agreement Page 2 of 6
for Greenbriar Phase 2 July 10, 2001
District. DEVELOPER has entered into an "Area Wide Facilities Agreement" with the
Dublin San Ramon Services District to pay for the cost of extending such services to the
Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and
(iii) above.
Subparagraph 5.3.5 -- Fees, Dedications
Subsection a. Traffic Impact Fees.
DEVELOPER shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 225-99, including any future amendments to such fee.
DEVELOPER will pay such fees no later than the time of issuance of building permits
and in the then-current amount of the impact fee.
Subsection b.
Traffic Impact Fee to Reimburse Pleasanton for Freeway
Interchanges.
DEVELOPER shall pay the Eastern Dublin 1-580 Interchange Fee
established by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-
98 and by any subsequent resolution which revises such Fee. DEVELOPER will pay
such fees no later than the time of issuance of building permits and in the then-current
amount of the impact fee.
Subsection c. Public Facilities Fees.
DEVELOPER shall pay a Public Facilities Fee established by City of
Dublin Resolution No. 195-99, including any future amendments to such fee.
DEVELOPER will pay such fees no later than the time of issuance of building permits
and in the then-current amount of the fee. Payment of such fee shall satisfy TM
Resolution Conditions Nos. 36 (for tentative map) and 34 (for SDR).
Subsection d. Noise Mitigation Fee.
DEVELOPER shall pay a Noise Mitigation Fee established by City of
Dublin Resolution No. 33-96, including any future amendments to such fee.
DEVELOPER will pay such fees no later than the time of issuance of building permits
and in the then-current amount of the fee.
Subsection e. School Impact Fees.
School impact fees shall be paid by DEVELOPER in accordance with
Government Code section 53080.
Dublin/Greenbriar Development Agreement Page 3 of 6
for Greenbriar Phase 2 July 10, 2001
Subsection f. Fire Impact Fees.
DEVELOPER shall pay a fire facilities fee established by City of Dublin
Resolution No. 208-00 including any future amendments to such fee. DEVELOPER
will pay such fees no later than the time of issuance of building permits and in the then-
current amount of the fee.
Subsection g. Tri-Valley Transportation Development Impact Fee.
DEVELOPER shall pay the Tri-Valley Transportation Development Fee in
the amount and at the times set forth in City of Dublin Resolution No. 89-98 or any
subsequent resolution which revises such fee. DEVELOPER will pay such fees no later
than the time of issuance of building permits and in the then-current amount of the
impact fee.
Subsection h.
Reimbursement for Annexation Area Public Service
Costs
CITY and the Lin Family are parties to an agreement entitled "Annexation
Agreement Between City of Dublin and the Lins" (hereafter "Annexation Agreement")
dated October 10, 1994 and recorded at #95053080 on March 9, 1995. The Annexation
Agreement requires the Lins to pay to the CITY each year a certain amount for the
CITY's costs of providing public services to the area annexed by CITY in 1995, pursuant
to applications filed by the Lins and Clyde Casterson, the former owner of the Property.
The amount to be paid by the Lins to CITY is, generally, the difference between the cost
of providing public services to the area annexed and the revenues derived from such
area.
The Property was included in the 1995 annexation to the City which
included the Lins' property. The Property represents. 5404% of the property annexed
to the CITY in 1995 (8.31acres out of a total of 1,537.6 acres). It is agreed that
DEVELOPER has benefited from the annexation of the Property to CITY in 1995.
Accordingly, prior to issuance of the first building permit for the Project,
DEVELOPER agrees to pay to CITY the amount of $1,959.56 which represents. 5404%
of the Annexation Area Public Service Costs paid by the Lins from Fiscal Year 1995-96
to Fiscal Year 98-99 (the date payments ceased under the Annexation Agreement)
which totaled $362,578.
All monies received by CITY from DEVELOPER pursuant to this
subsection shall be remitted by CITY to the Lins pursuant to Section I(F) of the
Annexation Agreement.
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for Greenbriar Phase 2 July 10, 2001
Subparagraph 5.3.6 -- Credit
Subsection a. Traffic Impact Fee Improvements -- Credit
CiTY shall provide a credit to DEVELOPER for those improvements
described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such
improvements are constructed by the DEVELOPER in their ultimate location. All
aspects of the credit shall be covered by CITY's Administrative Guidelines for Eastern
Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF Guidelines").
Subsection b. Traffic Impact Fee Right-of-Way Dedications -- Credit
CITY shall provide a credit to DEVELOPER for any TIF area right-of-way
to be dedicated by DEVELOPER to CITY which is required for improvements which are
described in the resolution establishing the Eastern Dublin Traffic Impact Fee.
All aspects of the credits shall be governed by the TIF Guidelines.
Subparagraph 5.3.7 -- Miscellaneous
Subsection a.
Landscaping Maintenance Along Tassaiara Road and
Somerset Lane
Pursuant to Conditions 117(a) of Resolution No.01-04, the Maintenance
Association to be formed by recorded Covenants, Conditions and Restrictions (CC&R's)
on all Lots 127-172 ("Maintenance Association") will maintain the landscaping within the
public right-of-way along and within Tassajara Road and Somerset Lane and
landscaping within the creek setback, and the regional trail (unless the trail is
maintained by the East Bay Regional Park District), and the urban/open space interface
and common areas. The CC&R's will require the Maintenance Association to obtain an
on-going encroachment permit from CITY for such maintenance and to defend and
indemnify the CITY against any claims arising out of the maintenance of such
landscaping and to name the CITY as an additional insured on the Maintenance
Association's policy of liability insurance
Subsection b. Landscaping Maintenance Along Streets
The Homeowners Association to be formed by recorded CC&R's on Lots 127 to
147 ("Homeowners Association") will maintain all landscaping along private streets as
provided in Condition No. 117 of Resolution No. 01-04, and the Maintenance
Association will perform all other landscape maintenance required by Condition No.117.
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for Greenbriar Phase 2 July 10, 2001
Subsection c. Tassajara Creek
Developer shall reserve parcels D and E as shown on Tentative Map 7279, for
Zone 7 of the Alameda County Flood Control and Water Conservation District in Final
Map 7279. Developer anticipates that Zone 7 will accept ownership of parcels D and E
after the required Tassajara Creek improvements and trail improvements are
constructed in each parcel as specified in the conditions of approval for Final Map 7279.
The alignment of the trail shall be located reasonably close to the existing creek and be
continuous from the northerly property to the southerly property line.
Prior to occupancy of the first building in Tract 7279, the Developer shall obtain a
letter from Zone 7 stating that Zone 7 intends to accept the dedication of Parcels D and
E upon completion of the required improvements as conditioned with Tentative Map
7279. All creek and trail improvements within Parcels D and E shall be guaranteed prior
to CITY approval of final maps for Tract 7279 and offered to Zone 7 for acceptance
when the tract improvements (e.g. roads) are offered to CITY. All creek and path
improvements within Parcels D and E shall be guaranteed prior to CITY approval of
Final Map 7279 and shall be constructed within one year thereafter along with
subdivision improvements.
All landscaping Parcels D and E shall be maintained by the Maintenance
Association.
In the event that Zone 7 does not accept ownership of parcels D and E and the
improvements to such parcels when they are offered, the parcels shall be owned by
DEVELOPER or Maintenance Associates and maintained by the Maintenance
Association until such time that Zone 7 will accept ownership. During its ownership of
the above parcels (D and E), the Maintenance Association will be responsible to
maintain the creek, regional trail and the parcels to standards established by the City of
Dublin.
Subsection d. Regional Trail
The regional trail along Tassajara Creek, which is referred to in Condition No. 37
of Resolution No. 01-04 shall be constructed by the DEVELOPER no later than the time
allowed by the Tract Developer Agreement to be executed prior to approval of Final
Map 7279 and prior to dedication of Parcels D and E to Zone 7.
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Dublin/Greenbriar Development Agreement Page 6 of 6
for Greenbriar Phase 2 July 10, 2001