HomeMy WebLinkAbout8.2 The Green on Park Place PA07-019OA
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE ; October 14, 2008
SUBJECT: PUBLIC HEARING: PA 07-019 The Green on Park Place -
(Legislative Action) Development Agreement between the City of Dublin
and Stockbridge/BHV Emerald Place Land Company for The Green on
Park Place Retail Center Project.
Report Prepared by Kristi Bascom, Corsulting Planner
ATTACHMENTS: 1) Resolution recommending the City Council adopt an Ordinance
approving a Development Agreement between the City of Dublin
and Stockbridge/BHV Emerald Place Land Company for The Green
on Park Place Retail Center Project with the Draft Ordinance as
Exhibit A and the Development Agreement as Attachment 1 to
Exhibit A.
RECOMMENDATION: 1) Receive Staff presentation;
2) Open the public hearing;
3) Take testimony from the Applic int and the Public;
4) Close the public hearing and deliberate; and
5) Adopt the Resolution (Attaclanent 1) recommending the City
Council adopt an Ordinance afproving a Development Agreement
between the City of Dublin and Stockbridge/BHV Emerald Place
Land Company for The Green on Park Place Retail Center Project
(Exhibit A of Attachment 1).
FINANCIAL STATEMENT: None
PROJECT DESCRIPTION:
The Green on Park Place is a 305,000 square foot
retail shopping center on approximately 27.45 acres
in the Eastern Dublin Specific Plan area (formerly the
site for the, Emerald Place "Lifestyle Center" and
Ikea). The retail center is comprised of seven
buildings oriented in an east-west fashion around a
center common space ("The Green") with five
outlying pad buildings. The Stage 2 Development
Plan, approved by the City Council on August 19,
2008 allowed a combination of general commercial
uses on the property.
The Green
On Park Place
n - X80 - - --
Vic nity Map
COPIES TO: The Applicant
The Property Owner
Page 1 of 5
G: IPAM2 00 710 7-01 9 Bill/ Lifestyle CenterlPC Mtg 10.14.081PCSR DA 9.23.08.doc
ITEM NO.0. 9,
Background
In 2004, the Dublin City Council approved the development of a 31-/,000 square foot Ikea retail store and
a 137,000 square foot "lifestyle center" on approximately 27.45 acres at the southwest corner of Hacienda
Drive and Martinelli Way. Blake Hunt Ventures acquired the parcel A land where the lifestyle center was
to be built, and they received Site Development Review approval for the construction of the Emerald
Place Retail Center on 13.0 acres of the 27.45 acres. In late 2006, Ikea withdrew their plans to build a
store in Dublin, and Blake Hunt Ventures moved to acquire the Ikea parcel and to enlarge and redesign
their commercial shopping center on the entire 27.45 acres.
The redesigned retail center, called "The Green on Park Place," is an open-air lifestyle retail project with
up to 305,000 square feet of gross building area to be built as twelve retail/restaurant/anchor buildings.
Seven buildings face an interior park-like space called "The Green", and five smaller pad buildings are at
the perimeter of the site. The buildings are primarily one story in height, with the exception of the two
buildings bounding the south side of The Green, which have two-story portions of the buildings framing
the southern pedestrian entry to The Green.
Martinelli Way
I }
Bldg 100 1 ?, EI li 900 Bldg 1000
;t ]t i? ? ? [ E1 V! 1t IR
7 t
E
-
+ L Bldg 300 r :' Bldg 400 + j w y
i• Bldg 1200
Bldg 500
i # l + Bldg 200 `+ -'? Bldg 100 r Bldg 600 E ' '
t
Bldg 7U0
"
. .: ?. 1-580
The Green on Park Place is designed to provide an engaging experience for shoppers, diners and families
as a destination and gathering place that will provide a rewarding and refreshing retail experience. The
Green's centerpiece is a grand east-west pedestrian oriented street, F'ark Place, which will offer a 900 ft,
three-block-long public space, surrounded by retail, restaurants and meaningful gathering areas.
Programmed as a series of outdoor "rooms," The Green is punctuated by built structures and arranged
landscaping along a curvilinear alignment. This area is intended to have a lively urban feel, programmed
with amenities that provide a rich pedestrian experience, such as walking paths, water features, and sitting
areas.
Page 2 of 5
The Planning Commission reviewed and recommended approval of the project as proposed, including the
Stage 2 Planned Development Zoning District and the project-specific Site Development Review at their
meeting on July 22, 2008. The City Council then approved the Site Development Review application on
August 5, 2008 and the Stage 2 Planned Development Zoning Ordinance was adopted at the following
meeting on August 19, 2008.
ANALYSIS:
Projects within the Eastern Dublin Specific Plan (EDSP) require a Development Agreement between the
Developer and the City. 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 obtain certain commitments and establish certain developm°nt rights for the property. The
Development Agreement must be approved prior to recordation of the final Tract Map and issuance of
building permits for the development of the property. Development Agreements are approved by an
ordinance of the City Council upon recommendation by the Planning Commission.
Instead of a creating a new Development Agreement for The Green can Park Place, the City and Applicant
have agreed to amend the existing Development Agreement that is in place for the project site, the Ikea
Project Development Agreement (DA). The Ikea Project DA was adopted by the City Council via
Ordinance 11-04 and was executed on May 6, 2004. Many of the obi igations of the original Development
Agreement, pertaining to the installation of public improvements, etc., have already been completed.
Those obligations which have not already been completed will be done so by the new property owners as
they have assumed the responsibilities of the Development Agreement.
The amended Development Agreement (Attachment 1 to Exhibit A) was drafted with input from City
Staff, the project Applicant, property owner, and the City Attorney based on the standard Development
Agreement prepared by the City Attorney and adopted by the City Council for projects located within the
Eastern Dublin Specific Plan area. The specific amendments to the Development Agreement are only
those items which are referenced in the "Amendment to Agreement" section of the DA. If not noted to be
amended in this section, the requirements of the original Ikea Projeci. Development Agreement still apply
and shall be completed.
The amended Development Agreement addresses a variety of issu.-s, such as the payment of specific
traffic impact fees, and it also includes an extension to the term of the original Development Agreement to
allow the most recent planning approvals (including Site Development Review) to be valid for five years.
If the Planning Commission adopts the Resolution at this meeting which recommends approval of the
proposed amendments to the Development Agreement between the City of Dublin and Stockbridge/BHV
Emerald Place Land Company for The Green on Park Place Retail Center Project, it is anticipated that the
draft Ordinance (Exhibit A to Attachment 1) would be presented to the City Council on October 21, 2008.
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA), an Addendum to the Ikea Project
Supplemental EIR and the Environmental Impact Report for the Easti;rn Dublin Specific Plan and General
Plan Amendment was prepared for The Green on Park Place project (at that time still referred to as the
Emerald Place Retail Center project). The Addendum concluded that no new significant environmental
impacts were identified and no substantial increase in the severity of previously identified impacts had
been. discovered as a result of the project. The Addendum included the Initial Study, and along with the
Page 3 of 5
Supplementary Traffic Analysis conducted, the Addendum was adopted by the City Council on October 2,
2007 when the first reading of the Stage I Planned Development rezoning was approved.
Pursuant to Section 15162 of the CI:QA Guidelines, no subsequent 1-HR shall be prepared for this project,
as no substantial changes have been proposed to the project or the conditions under which the project will
be carried out that require major revisions of the previous EIRs or the Addendum. No new significant
environmental impacts have been identified and no substantial increase in the severity of previously-
identified impacts has been discovered. The project remains subject to all previously-adopted mitigation
measures, as applicable.
Because the previous environmental analysis included the approval of a Development Agreement for the
project in. the project description, no further environmental determinations are needed to approve the
proposed amendments to this Development Agreement.
CONCLUSION:
The proposed amendments to the Development Agreement will implement the provisions of the Planned
Development Zoning for The Green on Park Place Retail Center Project (PA 07-019), the Stage 2
Development Plan, Site Development Review, Tentative Parcel Mal) 9783, and all related Conditions of
Approval.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the Public; 4) Close the Public Dearing and deliberate;
and 5) Adopt the Resolution (Attachment 1) recommending the City Council adopt an Ordinance
approving a Development Agreement between the City of Dublin and Stockbridge/BHV Emerald Place
Land Company for The Green on Park Place Retail Center Project (&chibit A of Attachment 1).
Page 4 of 5
GENERAL INFORMATION
APPLICANT:
PROPERTY OWNER:
LOCATION:
GENERAL PLAN DESIGNATION
SPECIFIC PLAN AREA:
EXISTING LAND USE:
SURROUNDING USES:
Jim Wright
BHV Dublin LLC
390 Railroad Avenue, S zite 200
Danville, CA 94526
Same
Approximately 27.45 acres on the northwest corner of
Interstate 580 and Hacienda Drive (APNs 986-0033-002 and
986-0033-003)
General Commercial
Eastern Dublin Specific Plan
Vacant
Location Zoning General Plan Land Use Current Use of Property
Project Site PD- Planned Development General Commercial Vacant
North PD- Planned Development Campus Office Vacant
South N/A N/A I-580 Freeway and City of
Pleasanton
East PD- Planned Development General Commercial Hacienda Crossings
Shopping Center
West PD- Planned Development Campus Office Vacant .
Page 5 of 5
RESOLUTION NO. 08 - xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND
STOCKBRIDGE/BHV EMERALD PLACE LAND COMPANY FOR
THE GREEN ON PARK PLACE RETAIL CENTER PROJECT
APNS 986-0033-002 AND 986-0033-003
PA 07-019
WHEREAS, Blake Hunt Ventures submitted a Planned Development Rezoning and related Stage
2 Planned Development application for a 305,000 square foot commercial retail center (The Green on
Park Place retail center) located on the 27.45-acre subject site. The project is proposed to consist of
270,000 square feet of retail uses and 35,000 square feet of restaurant uses in a pedestrian-oriented
outdoor center; and
WHEREAS, the project area boundaries include Martinelli Way to the north, Hacienda Drive to
the east, Highway 580 to the south, and Arnold Road to the west; and
WHEREAS, on November 5, 2007, the City Council appro red a Stage 1 Development Plan for
the project site; and
WHEREAS, on July 22, 2008, the Planning Commission did unanimously recommend that the
City Council approve the Stage 2 Development Plan and related rezoning for The Green on Park Place
Retail Center and Site Development Review approval; and
WHEREAS, on July 22, 2008, the Planning Commission did unanimously approve Tentative
Parcel Map 9783 for the project site (PC 08-017) Resolution 08-15; aid
WHEREAS, on August 19, 2008 the City Council approved the Stage 2 Development Plan and
related rezoning for The Green on Park Place Retail Center (Ordinance 34-08) and approved the Site
Development Review application (CC Resolution 147-08); and
WHEREAS, in accordance with the implementing measures of the Eastern Dublin Specific Plan,
the Project requires approval of a Development Agreement; and
WHEREAS, there is already a Development Agreement which covers this project site: the Ikea
Project Development Agreement (DA). The Ikea Project DA wzs adopted by the City Council via
Ordinance 11-04 and was executed on May 6, 2004; and
WHEREAS, the Project Applicant has elected to amend the existing Ikea Project DA instead of
creating a new document. The entirety of the amendments to the Deg elopment Agreement are included as
Attachment 1 to Exhibit A of this resolution; and
WHEREAS, a complete application has been submitted and is available and on file in the
Community Development Department; and
WHEREAS, Pursuant to the California Environmental Quality Act and CEQA Guidelines
Sections 15162 and 15164, an Addendum has been prepared to the Ikea Project Supplemental EIR and the
ATTACHMENT 1
Environmental Impact Report for the Eastern Dublin Specific Plar and General Plan Amendment was
prepared for The Green on Park Place project (at that time still referred to as the Emerald Place Retail
Center project). The Addendum concluded that no new significant environmental impacts were identified
and no substantial increase in the severity of previously identified impacts had been discovered as a result
of the project. The Addendum includes the Initial Study, and along with the Supplementary Traffic
Analysis conducted, was adopted by the City Council on October 2007 when the first reading of the
Stage 1 Planned Development rezoning was approved; and
WHEREAS, the Planning Commission did consider said Development Agreement and did hold a
public hearing on said application on October 14, 2008; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
recommend City Council approval of the Development Agreement; aid
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 Planning Commission of the City of
Dublin does hereby make the i:ollowing 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 Eastern Dublin Specific Plan/General Plan in that: a) the Eastern Dublin Specific
Plan/General Plan land use designation for the subject site is proposed to be Planned Development and
that the Applicant's project is 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 Eastern Dublin Specific
Plan/General Plan; c) the Agreement sets forth the rules the Applicani and City will be governed by during
the development process which is required by the Eastern Dublin Specific Plan and the Mitigation
Monitoring Program of the Eastern Dublin Specific Plan.
2. Said Agreement is compatible with the uses authorizes, in, and the regulations prescribed
for, the land use district in which the real property is located in that the project approvals included Planned
Development zoning, Stage 2 Development Plan, Site Development Review, and Tentative Parcel Map.
3. Said Agreement is in conformity with public convenience, general welfare and good land
use practice in that the Applicant's project will implement land use guidelines set forth in the Eastern
Dublin Specific Plan/General Plan, as proposed.
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.
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 Planning Commission of the
City of Dublin does hereby recommend that the City Council adopt an Ordinance approving a
Development Agreement between the City of Dublin and Stockbridge BHV Emerald Place Land Company
2 of 3
for The Green on Park Place Retail Center Project with the Drat Ordinance as Exhibit A and the
Development Agreement as Attachment 1 to Exhibit A.
PASSED, APPROVED AND ADOPTED this 14th day of Cctober 2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commi 3sion Chair
ATTEST:
Planning Manager
G: IPA#12 00 710 7-01 9 BHV Lifestyle Cen1er1PCMtg 16'.14.081PC Reso DA 10.14.08.doc
3 of 3
ORDINANCE NO. XX - 08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND
STOCKBRIDGE/BHV EMERALD PLACE LAND COMPANY FOR
THE GREEN ON PARK PLACE RETAIL CENTER PROJECT
APNS 986-0033-002 AND 986-0032403
PA 07-019
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The Green on Park Place project (the "Project") is located within the boundaries of the
Eastern Dublin Specific Plan ("Specific Plan") in an area designated General Commercial on the General
Plan Land Use Element Map and Eastern Dublin Specific Plan Lind Use Map with an allowance for
General Commercial land uses pursuant to Planned Development Zoning.
B. Pursuant to the California Environmental Quality Act (CEQA), Sections 15162 and 15164
provide that an addendum to a previously certified Environmental Impact Report (EIR) may be prepared
when a project requires a minor technical change to an EIR and there are no new significant
environmental effects and no substantial increase in the severity of previously identified significant
effects.
C. A public hearing on the proposed Development Agrc ement was held before the Planning
Commission on October 14, 2008, for which public notice was given as provided by law.
D. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
F. A public hearing on the proposed Development Agreement was held before the City
Council on November 4, 2008 and November 18, 2008 for which public notice was given as provided by
law.
G. The City Council has considered the recommendation of the Planning Commission who
considered the item at the October 14, 2008 meeting, including the P .anning Commission's reasons for its
recommendation, the Agenda Statement, all comments received in writing and all testimony received at
the public hearing.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which ar.- incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin Specific Plan, (e) the Eastern Dublin EIR, (d) the Ikea
Project SEIR, (e) the CEQA Addendum (f) the Agenda Statement, and on the basis of the specific
conclusions set forth below, the City Council finds and determines that:
Page 1 of 3
EXHIBIT A
I. The Project is consistent with the objectives, policies, general land uses and programs
specified and contained in the City's General Plan and in the Eastern Dublin Specific Plan in that: (a) the
General Plan and Specific Plan land use designations for the Project site are General Commercial land
uses pursuant to Planned Development Zoning and the proposed Project is a project consistent with those
land uses; (b) the Project, as conditioned, is consistent with the fiscal policies of the General Plan and
Specific Plan with respect to provision of infrastructure and public services; (c) the Project is consistent
with the Stage 1 and 2 Planned Development Zoning Development Plan adopted by the City Council on
November 6, 2007 and August 19, 2008, respectively; and (d) the Development Agreement includes
provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real property is '.ocated in that the Project approvals
include Planned Development Rezone and amended Stage 1 and 2 Development Plan, Tentative Parcel
Map, and Site Development Review.
3. The Development A; eement is in conformity with public convenience, general welfare
and good land use policies in that the Project will implement land use guidelines set forth in the Eastern
Dublin Specific Plan and the General Plan which have planned _or general commercial uses at this
location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the Project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
5. The Development Agreement will not adversely affect the orderly development of property
or the preservation of property values in that the Project will be consistent with the General Plan and with
the Eastern Dublin Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement attached hereto as Exhibit A and
authorizes the Mayor to execute it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is hilly executed by all parties, 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.
Page 2 of 3
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 18`n
clay of November 2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G: IPA#12007107-019 BHV Lifestyle CenterlPCMtg 9.23.081CC Ord DA 9.23.08 (3).doc
Page 3 of 3
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
RECEIVED
SEP 10 2008
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
DUBLIN PLANNING
Space above this line for Kecoraers use
FIRST AMENDMENT TO
DEVELOPMENT AGREEMEN'r
BETWEEN THE
CITY OF DUBLIN
AND
IKEA PROPERTY, INC
FOR THE IKEA PROJECT
(which is herein retitled "Development Agreement
between the City of Dublin and Stockbridge/BHV
Emerald Place Land Company for the G reen at Park
Place Retail Center Project
ATTACHMENT 1 TO
EXHIBIT A
THIS AMENDMENT is made and entered in the City of Dublin on this _ day of
20 , by and between the City of Dublin, a Municipal Corporation (hereafter
"City"), and Stockbridge/BHV Emerald Place Land Company, LLC, a Delaware limited
liability company (hereafter "Developer"), pursuant to the authority of §§ 65864 et seq.
of the California Government Code and Dublin Municipal Code, Chapter 8.56.
RECITALS
A. IKEA Property, Inc. and City entered into that certain Development
Agreement Between the City of Dublin and IKEA Property, Inc. for the IKEA Project,
dated May 6, 2004 ("the Agreement"), which was entered into pursuant to California
Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code
(hereafter "Chapter 8.56"); and
B. Pursuant to a certain Partial Assignment of Rights and Assumption of
Obligations Under Development Agreement, dated July 14, 2004, IKEA assigned its
rights and obligations under the Agreement solely as to as to the Retail Center Parcel,
as more particularly described in the Agreement, to Pan Pacific Properties, Inc.; and
C. Pursuant to a certain Assignment of Rights and Assumption of Obligations
Under DevelopmentAgreernent, dated October 17, 2007, IKEA Property, Inc. assigned
all of its remaining rights and obligations under the Agreement to Developer; and
D. Pursuant to a certain Assignment of Rights a,7d Assumption of Obligations
Under Development Agreement, dated December 5, 2007, the successor-in-interest of
Pan Pacific Properties, Inc., assigned its rights and obligatons under the Agreement to
Developer, which pertain solely to the Retail Center Parcel; and
E. Developer has thereby been assigned and has assumed all of the rights
and obligations under the Agreement; and
F. Developer now desires to pursue a different project than the IKEA Project
and has applied for, and City has approved or is processing, various land use approvals
in connection with the development of the revised Project, including, without limitation, a
General Plan Amendment (Resolution No. 47-04), a Specific Plan Amendment
(Resolution No. 47-04), Planned Development District rezoning (including Stage 1 and
Stage 2 Development Plans) (Ordinance Nos. 22-07 and 24-08), a Site Development
Review Approval (Resolution No. 147-08), and a vesting tentative map (Planning
Commission Resolution No. 08-17). All such approvals collectively, together with any
approvals or permits now or hereafter issued with respect to the Revised Project are
referred to as the "Revised Project Approvals"; and
G. Paragraph 9.2 of the Agreement provides that the Parties may amend the
agreement from time to time, in accordance with the procedures in state law and
Chapter 8.56 of the Dublin Municipal Code, and the partie:3 desire to do so; and
First Amendment to Development Agreement Page 2 of 7
Between City of Dublin and IKEA Property, Inc.
H. The applicant has requested that the Development Agreement be
amended to reflect the Revised Project Approvals and to extend the term of the
Development Agreement for a five-year period following final approval of this
Amendment, and the City is amenable to the request from the Developer; and
1. The City Council has found that, among other things, this proposed
amendment to the Agreement is consistent with its General Plan and the Eastern Dublin
Specific Plan and has been reviewed and evaluated in accordance with the
Development Agreement Statute and Chapter 8.56; and
J. On , 2008, the City Council of the City of Dublin adopted Ordinance
No. 11-04 approving this Development Agreement ("the Approving Ordinance"). The
Approving Ordinance will take effect on , 2008 ("the Revised Approval Date").
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:
AMENDMENT TO AGREEMENT
Section 1. Revision of Title of Agreement. For reference purposes, the Agreement is
hereby retitled "Development Agreement between the City of Dublin and
Stockbridge/BHV Emerald Place Land Company for the Green at Park Place Retail
Center Project."
Section 2. Revised Proiect Approvals. All references to 1he "Project Approvals" in the
Agreement shall be deemed to refer to the "Revised Projeci Approvals," described in
Recital F.
Section 3. Extension of Term. Notwithstanding anything to the contrary in section 4.2
of the agreement, the Term of the Agreement is extended until five (5) years after the
Revised Approval Date.
Section 4. Amendment to Subparagraph 5.3.1. Subparagraph 5.3.1 of the
Agreement, which is set out in Exhibit B, is hereby amended to read as follows:
"Subparagraph 5 3 1 -- Subsequent Discretionary Approvals
None."
Section 5. Amendment to Subparagraph 5.3.2.a(i). Subsection a.(i) of Subparagraph
5.3.2.a of the Agreement, which is set out in Exhibit B, is hffeby amended to read as
follows:
"(i) Roads:
First Amendment to Development Agreement Page 3 of 7
Between City of Dublin and IKEA Property, Inc.
The project-specific roadway improvement: (and offers of dedication)
identified in Resolution No. 147-08 approving Site Development Review ("the SDR
Resolution") shall be completed by DEVELOPER to the satisfaction and
requirements of the Public Works Director at the times and in the manner specified
in the SDR Resolution unless otherwise provided below.
-Condition No. 159 [Dublin Boulevard/Dougherty Road
Intersection Improvements]
Condition No. 159 of the SDR Resolution (in relevant part)'
reads as follows:
"Traffic Impact Fees. The ApplicantlDeveloper shall advance fees
or contribute pro-rata share of costs for traffic impact fees as
follows.
b. Advance to the City applicable monies for acquisition of right-of-
way and construction of planned improvements at the
Dougherty Road/ Dublin Boulevard intersection. The amount of
money advanced to the City shall toe based on the developer's
fair share of the deficit (spread over those projects which are
required to make up the deficit) beiinreen funds available to the
City, from Category 2 Eastern Dublb Traffic Impact Fee funds
and the estimated cost of acquiring the right-of-way and
constructing the improvements. The City should provide credit
for Category 2 Eastem Dublin TrafFic Impact Fees to the
Developer for any advance of monies made for the
improvements planned for the Dougherty Road/Dublin
Boulevard intersection. The advance shall be limited to
$1,000,000.-
Notwithstanding the provisions of Section 4 of this Agreement,
those portions of Condition 159 associated with the Dublin .
Boulevard/Dougherty Road intersection improvements and the provisions
of this subsection shall survive termination oi' this Agreement."
Section 6. Amendment to Subparagraph 5.3.5.a. Subsection a of Subparagraph
5.3.5 of the Agreement, which is set out in Exhibit B, is hereby amended to read as
follows:
"Subsection a. Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ('TIF')
established by Resolution No. 111-04, including any future amendments to such
First Amendment to Development Agreement Page 4 of 7
Between City of Dublin and IKEA Property, Inc.
fee that may be in effect at the time of issuance of building permits. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the impact fee in effect at time of building permit issuance.
Developer further agrees that, regardless of the amount of Section
1/Category 1 credits that it may have available, it will pay eleven percent (11 %)
of the 'Section 1/Category 1' portion of the TIF in cash.
Developer also agrees that, regardless of the amount of Section
21Category 2 credits that it may have available, it will pay twenty-five percent
(25%) of the 'Section 2/Category 2' portion of the TIF in cash. If City amends its
TIF fee and as a result the City's outstanding balancE: due on loans is less than
25% of total Section 2/Category 2 improvements, the Developer shall pay such
reduced percentage of the 'Section 2/Category 2' portion of the TIF in cash."
Section 7. Amendment to Subparagraph 5.3.6. Subparagraph 5.3.6 of the
Agreement, which is set out in Exhibit B, is hereby amended to read as follows:
"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 pursuant to this Agreement. All aspects of credits shall be governed by
CITY's Administrative Guidelines regarding credits (Resolution No. 20-07 or as
may be amended in the future).
Subsection b. Traffic Impact Fee Right-of-Way Dedications Credit
CITY shall provide a credit to DEVELOPER for any TIF area right-of-
way dedicated by DEVELOPER to CITY which is rec uired for improvements
which are described in the resolution establishing the Eastern Dublin Traffic
Impact Fee. All aspects of credits shall be governed by CITY's Administrative
Guidelines regarding credits (Resolution No. 20-07 c r as may be amended in the
future)."
Section 8. Deletion of Subparagraph 5.3.7. Subsection li of Subparagraph 5.3.7 of
the Agreement, which is set out in Exhibit B, is hereby dele-:ed.
Section 9. Amendment of Paragraph 23. Paragraph 23 s amended to read as
follows:
First Amendment to Development Agreement Page 5 of 7
Between City of Dublin and IKEA Property, Inc.
"23. Notices.
All notices required or provided for under -:his Agreement shall be in
writing. Notices required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notice required to be given to DEVELOPE=R shall be addressed as
follows:
Stockbridge/BHV Emerald Place Land Company, LLC
c/o Stockbridge Real Estate Funds
4 Embarcadero Center, Suite 3300
San Francisco, CA 9411.1
Attention: Mr. Zack Georgeson
Telephone: (415) 658-3349
Facsimile: (415) 658-3449
With copies to: Gibson, Dunn & Crutcher LLP
One Montgomery Street, Suite 3100
San Francisco, California 94104
Attention: Mary G. Murphy, Esq.
Telephone No.: (415) 393-8257
Facsimile No.: (415) 374-8480
From and after January 1, 2009:
555 Mission Street
San Francisco, California 94105
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."
Section 10. Counterparts. This Agreement may executed in two (2) duplicate
originals, each of which is deemed to be an original.
Section 11. Recordation. CITY shall record a copy of this Agreement within ten days
following execution by all parties.
[EXECUTION PAGE FOLLOWS]
First Amendment to Development Agreement Page 6 of 7
Between City of Dublin and IKEA Property, Inc.
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:
Janet Lockhart, Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
City Attorney
STOCKBRIDGE/BHV EMERALD PLACE
LAND COMPANY, LLC, a Delaware
limited liability company
By: STOCKBRIDGE FUND II/EMERALD
PLACE INVESTMENT COMPANY,
LLC, STOCKBRIDGE FUND
D/EMERALD PLACE INVESTMENT
COMPANY, LLC, STOCKBRIDGE
FUND E/EMERALD PLACE
INVESTMENT COMPANY, LLC, each
a Delaware limited liability company
and a "Stockbridge Member"
By: STOCKBRIDGE REAL ESTATE
PARTNERS 11, LLC, a Delaware
limited liability company,
ma lager of each of the
5tepnen r
Managing
By: BH D0,4LIN, LLC, a California
limite liability company
By: V V
L. G ral Hunt
Co- anager
1122434.4
First Amendment to Development Agreement Page 7 of 7
Between City of Dublin and IKEA Property, Inc.
STATE OF CALIFORNIA
COUNTY OF c r SC O )
On hem ? S -2-0f)6 before me, i?ew A/Ams , a
Notary Public, personally appeared 5?-LVA-ovt rf leA , who proved to me
on the basis of satisfactory evidence to be the person06 whose n,une(§4 is/are subscribed to the
within instrument and acknowledged to me that he/swtbey executed the same in hislhf /th6ir
authorized capacity(io), and that by his/haf/tlaeir signature(oj on the instrument the person(,, or
the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my and and official seal.
RENFEE ADAMS
Signature COMM. #1770163
(Seal) come. Exp. O Cr. 2120 :L
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENIT
State of California ??nn
County of ? befor
Ufa
e me, On / Pk6lic
Date Here Insert Nan a and Title of the Officer
personally appeared
` !Name(s) of Signer(si
UEnCommWf 170965
Notary rube - CQWO"ft
Contra Costa County
1W? 1WW=9vM[MC1.%2M1
who proved to me on the basis of satisfactory evidence to
be the personW whcse name(K is/We'subscribed to the
within instrument and acknowledged to me that
he/shefthey executed the same in his/heAheir authorized
capacity(LW, and that by his/herftheir signature($) on the
instrument the perscn(s?, or the entity upon behalf of
which the person(q j acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand an doff icial s al.
Signature
Place Notary Seal Above Signatu Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to perions relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
? Individual
? Corporate Officer -Title(s):
? Partner - ? Limited ? General
? Attorney in Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing
Number of Pages:
Signer's Name:_
? Individual
? Corporate Offic,:r - Title(s):
? Partner - ? Limited ? General _
cfleiiix WIN,
• ? Attorney in Fact •
Top of thumb here ? Trustee Top of thumb here
? Guardian or Conservator
? Other:
Signer Is Representing:
0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalN 3tary.org Item #5907 Reorder: Call Toll-Free 1-800.876-6827