HomeMy WebLinkAbout98-035 Tassajara Meadows II DACITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT for April 13, 1999
SUBJECT:
PUBLIC HEARING PA 98-035 Tassajara Meadows II Residential
Development, Development Agreement
PREPARED BY:
Eddie Peabody, Jr., Director of Community Development
DESCRIPTION:
An Ordinance approving a Development Agreement between the City of Dublin,
Mission Peak Homes, Inc. and Alameda County Surplus Property Authority. The
Development Agreement is required by the Eastern Dublin Specific Plan. Items
included 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; oversizing of roads and general provisions.
RECOMMENDATION:
Recommend that the City Council adopt an Ordinance approving a Development
Agreement for the Tassajara Meadows II Residential Development.
BACKGROUND:
This project is located at the northwest comer of Tassajara Road and Gleason Drive, within the Eastern Dublin
Specific Plan area. The Specific Plan was adopted by the City of Dublin in November 1993, and established
land use designations for approximately 3,300 acres of land east of the Camp Parks military reserve. The
project site was given a land use designation of"Medium Density Residential" in the Specific Plan.
The project site is part of the 800+ acre property known as the Santa Rita Property, owned by the Alameda
County Surplus Property Authority, formerly used for U. S. Army military activities. All structures from
previous uses have been removed.
ANALYSIS:
Procedural Background:
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.
COPIES TO:
Applicant: Koll Development Company
Property Owner: Alameda County Surplus
PA File: 98-047
ITEMNO. ~*~
City procedure requires that there be three public hearings on Development Agreements. The purpose for the
hearing before the Planning Commission is to recommend the approval for the Agreement to the City Council.
DEVELOPMENT A GREEMENT:
Attached to this StaffReport is a Development Agreement (Attachment 1) between the City of Dublin, Mission
Peak Homes, Inc. and Alameda County Surplus Property Authority. This Development Agreement is based on
the standard Development Agreement developed by the City Attorney and adopted by the City Council for
Eastern Dublin Projects. In general, the Agreements 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.
The Agreement: The City Attorney drafted the proposed Development Agreement with input from City staff,
Mission Peak Homes, Inc. and Alameda County Surplus Property Authority Staff and their 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, 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 main points of the
Development Agreement can be found in Exhibit B of Attachment 1 of the Development Agreement and are
highlighted below:
Infrastructure Construction and Traffic Impact Fees: The City requires that Developers in Eastern Dublin pay
traffic impact fees for certain City wide improvements to the circulation system. Additionally, fees are charged
for certain circulation improvements specific to Eastern Dublin. Developers are also required to make certain
improvements to the circulation system that is required as a result of their project. The City determines the
direct project impact through a traffic study that is conducted.
Based on the traffic study conducted for the Tassajara Meadows II residential development, it was determined
that certain improvements were required to the circulation system as a result of the projected future traffic from
the project. These improvements include:
1. Widening of Tassajara Road off ramp from 1-580 to provide additional lanes.
2. Widening of Tassajara Road from the northern edge of the property south to Dublin Blvd.
3. Construction of Gleason Drive from Tassajara Creek to Tassajara Road.
Other improvements that were identified could be phased and put in as required by traffic warrants or when
other projects come on line. The Agreement sets forth the City, Mission Peak Homes and Alameda County's
understanding in relation to the phasing of infrastructure construction.
Other Infrastructure Improvements: The Development Agreement also provides for the construction of
certain other improvements to serve the project site such as off-site sewer, water, storm drainage and other
utility services as required by the tentative tract map approval.
CONCLUSION:
Approval of this Development Agreement will implement provisions of the Eastern Dublin Specific Plan. The
proposal is consistent with both the General Plan and Specific Plan.
2
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
LEGAL DESCRIPTION:
GENERAL PLAN
DESIGNATION:
SPECIFIC PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
John Wong
Mission Peak Homes, Inc.
245 Sinclair Frontage Road
Milpitas, California 95035
Surplus Property Authority of Alameda County
224 West Winton Avenue, Room I51
Hayward, CA 94544
Northwest comer of Tassajara Road and Gleason Drive
Parcel 1 of Parcel Map 7357
Medium Density Residential (M)
Medium Density Residential (M)
PD Medium Density Residential
Land Use: Presently Vacant
(a:t~ssamead pc da st)
RESOLUTION NO. 99 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT
FOR PA 98-036, TASSAJARA MEADOWS II PROJECT
WHEREAS, Mission Peak Homes, Inc., and the County of Alameda Surplus Property Authority
(Alameda County) have requested approval of a Development Agreement for the Tassajara Meadows II
Project on 12 _+ acres at the northwest corner of the intersection of Tassajara Road and Gleason Drive in the
Eastern Dublin Specific Plan area; and
WHEREAS, a Development Agreement is required as an implementing measure of the Eastern Dublin
Specific Plan; and
WHEREAS, This project is within the scope of the Eastern Dublin Specific Plan and General Plan
Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration (SCH
86082092) has been approved for the Santa Rita Specific Plan Amendment of which this project is a part.
That Mitigated Negative Declaration together with the Program EIR adequately describes the total project for
the purposes of CEQA.
WHEREAS, the Planning Commission did hold a public hearing on said application on April 13, 1999;
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 designation for the subject site is Medium Density Residential and
that this is a 95 unit medium density residential project 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;
and the Mitigation Monitoring Program of the Eastern Dublin Specific Plan.
2. Said Agreement is compatible with the uses authorized in, and the regulations prescribed for,
the land use district in which the real property is located in that the project approvals include a Planned
Development Rezoning adopted specifically for the Tassajara Meadows II Project.
3. Said Agreement is in conformity with public convenience, general welfare and good land use
practice in that the Tassajara Meadows II Project will implement land use guidelines set forth in the Eastern
Dublin Specific Plan and City of Dublin General Plan which have planned for a medium density 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 Mission Peak Homes,
Inc., Alameda County Surplus Property Authority and the City of Dublin (Attachment A) for PA 98-035, The
Tassajara Meadows II Project.
PASSED, APPROVED AND ADOPTED this 13th day of April, 1999.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Community Development Director
A:TASSAMEAD DA PC RES
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN,
MISSION PEAK HOMES, INC. (PA 98-035) and
ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
FOR THE TASSAJARA MEADOWS II (COUNTY SITE 1) PROJECT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Tassajara Meadows II Project (PA 98-035) is located within the boundaries
of the Eastern Dublin Specific Plan ("Specific Plan") in an area which is designated on the General Plan
Land Use Element Map and Eastern Dublin Specific Plan Land Use Map as Medium Density Residential
(M) uses.
B. This project is within the scope of the Eastern Dublin Specific Plan and General Plan
Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration
(SCH 86082092) has been approved for the Santa Rita Specific Plan Amendment of which this project is
a part. That Mitigated Negative Declaration together with the Program EIR adequately describes the total
project for the purposes of CEQA. The analysis indicated that no new effects could occur and no new
mitigation measures would be required for the Tassajara Meadows II Project that were not addressed in
the FEIR or Mitigated Negative Declaration. Further, that analysis found that the project is in conformity
with the Eastern Dublin Specific Plan.
C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements with the City.
D. Mission Peak Homes, Inc. has filed an application requesting approval of a development
agreement for the Tassajara Meadows II Project.
E. A Development Agreement between the City of Dublin, Mission Peak Homes, Inc., and
Alameda County Surplus Property Authority has been presented to the City Council, a copy of which is
attached to the Staff Report as Attachment 1.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on April 13, 1999, for which public notice was given as provided by law.
G. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
Council on
A public hearing on the proposed Development Agreement was held before the City
., 1999, for which public notice was given as provided by law.
J. The City Council has considered the recommendation of the Planning Commission at the
__ __, 1999 meeting, including the Planning Commission's reasons for its recommendation, the
Agenda Statement, all comments received in writing and all testimony received at the public hearing.
Section 2. F1ND1NGS AND DETERMINATIONS
Therefore, on the basis of(a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the
EIR, (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City
Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin
General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use
designation for the site is Medium Density Residential (M) and the proposed project is 95 unit medium
density residential development project consistent with that land use, (b) the project is consistent with
the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and
public services, and (c) the Development Agreement includes provisions relating to financing,
construction and maintenance of public facilities, and similar provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located in that the project approvals
include a Planned Development Rezoning, Vesting Tentative Tract Map and Site Design Review adopted
specifically for the Tassajara Meadows II Project.
3. The Development Agreement is in conformity with public convenience, general welfare
and good land use policies in that the Tassajara Meadows II Project will implement land use guidelines set
forth in the Specific Plan and the General Plan which have planned for office 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 Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Attachment 1 to the Staff Report)
and authorizes the Mayor to sign it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is executed by the Mayor, the City Clerk
shall submit the Agreement to the County Recorder for recordation.
ATTACHMENT 2
Section 5. EFFECTIVE DATE AND POST1NG OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State
of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this __ day of __
1999, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MAYOR
CITY CLERK
A:tassameaddaord
ATTACHMENT 2
The draft Development Agreement was not attached to the file
copy of this Agenda Statement. Following is a copy of the
recorded Development Agreement,
RECORDIN~
'City ~f Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Recorded tn OFqtctaI Records, Rlameda County
PatrlcR O'Connell. Cterk-Recorder
IIIIBIIIIIIIIIIJIIII No Fee
99212775 11:42am 96/88/99
005 2907e975 29 12
R15 38 7.eO 111.ee 0.00 0.00 0.00 0.8e 0.00
e.oe
JUL 0 2 1999
CITY OF DUBLIN
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
THE SURPLUS PROPERTY AUTHORITY
OF THE COUNTY OF ALAMEDA
· AND
MISSION PEAK HOMES, ~NC.
FOR THE TASSAJARA MEADOWS II (COUNTY SITE 1) PROJECT
992 2775
TABLE OF CONTENTS
2.
3.
4.
Description of Property ......................................... 3
Interest of Developer ............................................ 3
Relationship of City. County and Developer .......................... 3
Effective Date and Term ......................................... 3
4.1 ~ ............................................ 3
4.2 Term ................................................... 3
5.1 ......................................... 3
5.2 ~ ........................................... 4
5.3 ition itl n ..................................... 4
Applicable Rules. Regulations and Official Policies ....................5
6.1 Rules re Permitted Uses .................................... 5
6.2 Rules re Design and Construction ............................ 5
6.3 Uniform Codes Applicable .................................. 5
Subsequently Enacted Rules and Regulations ......................... 5
7. i New Rules and Regulations ................................. 5
7.2 Approval of Application .................................... 6
7.3 Moratorium Not Applicable ................................. 6
Subsequently Enacted or Revised Fees. Assessments and Taxes ...........6
8.! Fees. Exactions. Dedications ................................ 6
8.2 Revised Application Fees ................................... 6
8.3 New Taxes .............................................. 7
8.4 ~ ............................................. 7
8.5 Vote on Future Assessments and Fees ......................... 7
Amendment or Cancellation ...................................... 7
9.1 Mod/fication Because of Conflict with State or Federal Laws ....... 7
9.2 Amendment by Mutual Consent ............................. 7
Dublin/Alameda Development Agreement Table of Contents - Page i of iii
for Tassajara Meadows II (County Site 1) Project March 30, 1999
99212775
I0.
ll.
12.
13.
14.
15.
16.
17.
18.
19.
9.3 Insubstantial Amendments .................................. 7
9.4 Amendment of Pro!em Approvals. ............................ 8
9.5 Cancellation by Mutual Consent ............................. 8
Term of Project Aoorovals ....................................... 8
11.1 Review Date ............................................. 8
11.2 Initiation of Review ....................................... 9
11.3 Staff Reports ............................................ 9
11.4 Costs .................................................. 9
Default ...................................................... 9
12.1 Other Remedies Available .................................. 9
12.2 Notice and Cure .......................................... 9
12.3 No Damages Against CITY ................................ 10
Mortgagee Protection: Certain Rights of Cure ....................... I0
14.1 Mortgagee Protection ..................................... 10
14.2 Mortgagee Not Obligated .................................. 10
14.3 Notig; of Default to Mortgagee and Extension of Right to Cure .... 11
At~,omeys' Fees and Costs ....................................... 11
Transfers and AssiLmments ...................................... 12
17.1 ~ .......................................... 12
17.2 Release Upon Transfer ............... '. .................... 12
17.3 Developers Right to Retain Specified Rights or Obligations ....... 12
17.4 Permitted Transfer. Purchase or Assi~nment ................... 13
17.5 Termination of A~eement Upon Sale of Individual Lots to Public... 13
A~eement Runs with the Land .................................. 13
Bankruptcy. .................................................. 14
Dublin/Alameda Development Agreement Table of Contents - Page ii of iii
for Tassajara Meadows II (County Site 1) Project March 30, 1999
99212 $
20. Indemnification .............................................. 14
21. 'Insurance ............................................... .... 14
21.1 P~blic Liability, and Property Dama§e Insurance ................ 14
21.2 Workers Compensation Insurance ........................... 15
21.3 E ' . ................................... 15
22. Sewer and Water ............................................. 15
23. Notices ..................................................... 15
24. A~ eement is Entire Understandin~ ............................... 16
25. ~ .................................................... 16
26. ~ ................................................ 17
27. Recordation ................................................. 17
Dublin/Alameda Development Agreement Table of Contents - Page iii of iii
for Tassajara Meadows II (County Site 1) Project March 30, 1999
992127 5
THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this 4th day of May, 1999, by and between the CITY OF DUBLIN, a
Municipal Corporation (hereafter "CITY"), Mission Peak Homes, Inc., a California
corporation (hereinafter "DEVELOPER") and the Surplus Property Authority of
Alameda County, a public corporation (hereafter "COUNTY'), pursuant to the
authority of §§ 65864 et seq. of the Callfomia 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 Coundl adopted the Eastem Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property; and
C. The Eastern Dublin Spedfic Plan requires DEVELOPER to enter
into a development agreement; and
D. DEVELOPER desires to develop and holds legal interest in certain
real property consisting of approximately I 1.079 acres of land, located in the City of
Dublin, County of Alameda, State of California, which is more particularly described
in Exhibit A attached hereto and incorporated herein by this reference, and which
real property is hereafter called the "Property"; and
E. DEVELOPER acquired its interest in the Property from COUNTY
pursuant to a purchase and sale agreement which allocates rights and obligations as
between COUNTY and DEVELOPER. COUNTY is a party to this Agreement
because COUNTY will dedicate certain land and receive certain credits;
F. DEVELOPER proposes the development of the Property with 95
single family homes and community open space areas (the "Proiect"); and
G. DEVELOPER has applied for, and CITY has approved or is
processing, various land use approvals in connection with the development of the
Project, including a PD District rezoning (Ordinance No. 15-98) vesting tentative
Dublin/Alameda Development Agreement Page 1 of 18
for Tassajara Meadows II (County Site i) Project March 30, 1999
992t27 B
map (Planning Commission Resolution No. 98-43), and site devdopment review
(Planning Commission Resolution No. 9843) (collectively, together with any
hpprox~als or permits now or hereafter issued with respect to the Project, the "Project
Approvals"); and
H. Development of the Property by DEVELOPER may be subject to
certain future discretionary approvals including site development review, which, if
granted, shall automatically become part of the Project Approvals as each such
approval becomes effective; and
I. CITY desires the timely, efficient, orderly and proper development
of said Project; and
J. 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
K. CITY, COUNTY 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
L. Pursuant to the California Environmental Quality Act (CEQA) the
City has found, pursuant to CEQA Guiddines section 15182, that the 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 Council by
Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994
(the "EIR") and found that the EIR was adequate for this Agreement; and
M. On May 4, 1999, the City Council of the City of Dublin adopted
Ordinance No. 11-99 approving this Development Agreement. The ordinance took
effect on June 3, 1999.
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein contained,
CITY, COUNTY and DEVELOPER agree as follows:
Dublin/Alameda Development Agreement Page 2 of 18
for Tassajara Meadows II (County Site 1) Project March 30, 1999
99212 1
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 owns the Property in fee simple.
3. Relationship of City. County and Developer.
It is understood that this Agreement is a contract that has been
negotiated and voluntarily entered into by CITY, COUNTY and DEVELOPER and
that neither the DEVELOPER nor COUNTY is an agent of CITY. The CITY,
COUNTY 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, COUNTY and DEVELOPER joint venturers or parmers.
4. Effective Date and Term.
4.1 ~. 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 l~gllU~Ll~l~. 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.
Dublin/Alameda Development Agreement Page 3 of 18
for Tassajara Meadows II (County Site 1) Project March 30, 1999
992 27 $
5.2 Permitted Uses. The permitted uses of the Property, the
density and intensity of use, the maximum height, bulk and size of proposed
· buildings, provisions for reservation or dedication of land for public purposes and
location and maintenance of on-site and off-site improvements, location of public
utilities (operated by CITY) and other terms and conditions of development
applicable to the Property, shall be those set forth in this Agreement, the Project
Approvals and any amendments to this Agreement or the Project Approvals.
5.3 Additional Conditions. Provisions for the following
("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated
herein by reference.
5.3.1 Subsequent Discretionary Approvals.
Conditions, terms, restrictions, and requirements for subsequent
discretionary actions. (These conditions do not affect Developees
responsibility to obtain all other land use approvals required by the
ordinances of the City of Dublin.)
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
Dublin/Alameda Development Agreement Page 4 of 18
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992 2715
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
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,
roles, regulations and official policies governing design, improvement and
construction standards and specifications applicable to the Proiect shall be those in
force and effect at the time of the applicable discretionary Project Approval.
Ordinances, resolutions, roles, regulations and official policies goveming 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 Proiect 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 Proiect.
7. Subseauentlv Enacted Rules and Ret, ulations.
7.1 New Rules and R%~ulations. During the term of this
Agreement, the CITY may apply new or modified ordinances, resolutions, mles,
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 iff (a) the application
Dublin/Alameda Development Agreement Page 5 of 18
for Tassajara Meadows II (County Site I) Project March 30, 1999
of such new or modified ordinances, resolutions, rules, regulations or offidal policies
would not prevent, impose a substantial financial burden on, or materially delay
;tevelo/~ment 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 Proiect on all or any part of the
Property, CITY agrees that such ordinance, resolution or other measure shall not
apply to the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or state
of emergency as defined in Government Code § 8558.
8. Subsequently Enacted or Revised Fees. Assessments and Taxes.
8. ! ~:¢es. 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 ~). 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 (I) such fees have general applicability; (2)
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992 127
the application of such fees to the Property is prospective; and (3) the application of
such fees would not prevent development in accordance with this Agreement. By so
~tgreeing, DEVELOPER does not waive its rights to challenge the legality of any such
application, processing and/or inspection fees.
8.3 New Taxes. Any subsequently enacted dty-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. By so agreeing. DEVELOPER does not waive its
rights to challenge the legality of any such taxes.
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
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 8.5fi.
9.2 Amendment; by Mtltual 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
Dublin/Alameda Development Agreement Page 7 of 18
for Tassajara Meadows II (County Site 1) Project March 30, 1999
992121 B
do not relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the
permit, ted 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 Project 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.
I 0. Term of Project Approvals.
Pursuant to California Govemment Code Section 66452.6(a), the
term of the vesting tentative map described in Recital G 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.
I 1.1 Review Date. The annual review date for this Agreement
Dublin/Alameda Development Agreement Page 8 of 18
for Tassajam Meadows II (County Site 1) Project March 30, 1999
992127 5
shall be August 15, 2000 and each August 15 thereafter.
11.2 Initiation of Review. The CITY's Community
Development Director shall initiate the annual review, as required under Section
8.56.140 of Chapter 8.56, by giving to DEVELOPER thirty (30) days' written notice
that the CITY intends to undertake such 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.
I 1.4 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 ~l~kqr,~ld2~. 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~ervice 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 such thirty
(30) day period and diligently pursues such cure to completion. Failure to give notice
shall not constitute a waiver of any default.
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for Tassajara Meadows II (County Site 1) Project March 30, 1999
99212?7
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 constmction of
improvements, or to guarantee such construction or completion, or to pay, perform or
Dublin/Alameda Development Agreement Page 10 of ! 8
for Tassajara Meadows II (County Site 1) Project March 30, 1999
992 ! 2775
provide any fee, dedication, improvements or other exaction or imposition; provided,
however, that a Mortgagee shall not be entitled to devote the Property to any uses or
to construct any improvements thereon other than those uses or improvements
provided for or authorized by the Project Approvals or by this Agreement.
14.3 Notice of Default to Mortgagee and Extension of Right to
Cure. If CITY receives notice from a Mortgagee requesting a copy of any notice of
default given DEVELOPER hereunder and specifying the address for service thereof,
then CITY shall deliver to such Mortgagee, concurrently with service thereon to
DEVELOPER, any notice given to DEVELOPER with respect to any claim by CITY
that DEVELOPER has committed an event of default. Each Mortgagee shall have
the right during the same period available to DEVELOPER to cure or remedy, or to
commence to cure or remedy, the event of default 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
tmenforceable, invalid or illegal.
16. A~tom~. s' Fees and Costs.
If CITY, COUNTY or DEVELOPER initiates any action at law or in
equity to enforce or interpret the terms and conditions of this Agreement, the
prevailing 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 and COUNTY shall
bear their own costs of defense as a real party in interest in any such action, and
DEVELOPER shall reimburse CITY for all reasonable court costs and attorneys' fees
expended by CITY in defense of any such action or other proceeding.
Dublin/Alameda Development Agreement Page 11 of 18
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99gl2775
17. Transfers and AssiLmments.
17.1 ~. All of DEVELOPER'S fights, interests and
obligations hereunder may be transferred, sold or assigned in conjunction with the
transfer, sale, or assignment of all of the Property subject hereto at any time during
the term of this Agreement, provided that no transfer, sale or assignment of
DEVELOPER's tights, interests and obligations hereunder shall occur without the
prior written notice to CITY and approval by the City Manager, which approval shall
not be unreasonably withheld or delayed. The City Manager shall consider and
decide the matter within 10 working days after DEVELOPER's notice, provided
DEVELOPER has provided all necessary documents, certifications and other
information to the City Manager to enable the City Manager to determine that the
proposed transferee can perform DEVELOPER's obligation.
17.2 Release Upon Transfer. Upon the transfer, sale, or
assignment of all of DEVELOPER's rights, interests and obligations hereunder
pursuant to subparagraph 17.1 of this Agreement, DEVELOPER shall be released
from the obligations under this Agreement, with respect to the Property transferred,
sold, or assigned, arising subsequent to the date of City Manager approval of such
transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or
assignee approved by the City Manager expressly assumes all of the rights, interests
and obligations of DEVELOPER under this Agreement, DEVELOPER shall be
released with respect to all such tights, interests and assumed obligations. In any
event, the transferee, purchaser, or assignee shall be subject to all the provisions
hereof and shall provide all necessary documents, certifications and other necessary
information prior to City Manager approval.
17.3 Developer's Right to Retain Specified Rights or
Obligations. Notwithstanding subparagraphs 17.1 and 17.2 and paragraph 18,
DEVELOPER may withhold from a sale, transfer or assignment of this Agreement
certain rights, interests and/or obligations which DEVELOPER shall retain, provided
that DEVELOPER specifies such fights, interests and/or obligations in a written
document to be appended to this Agreement and recorded with the Alameda County
Recorder prior to the sale, transfer or assignment of the Property. DEVELOPER's
purchaser, transferee or assignee shall then have no interest or obligations for such
fights, interests and obligations and this Agreement shall remain applicable to
DEVELOPER with respect to such retained fights, interests and/or obligations.
Dublin/Alameda Development Agreement Page 12 of 18
for Tassajara Meadows I1 (County Site 1) Project March 30, 1999
17.4 Permitted Transfer. Purchase or Assi~tmment. The sale or
9ther transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to
the exercise of any right or remedy under a deed of trust encumbering
DEVELOPER'S interest in the Property shall not require City Manager approval
pursuant to the provision of paragraph 17.1. Any subsequent transfer, sale or
assignment by the Purchaser to a subsequent transferee, purchaser, or assignee shall
be subject to the provisions of paragraph 17. i.
17.5
Termination of Ag~reement 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 f'mally
subdivided and individually (and not in '"oulk") 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
nm as to any such lot until a building is constructed on such lot, or until the
termination of this Agreement, if earlier, at which time this Agreement shall
terminate as to such lot.
18. ' Aff~ eement 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 Catifomia. 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 duting
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.
Dublin/Alameda Development Agreement Page 13 of 18
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99212115
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
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 C1TY,
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).
COUNTY 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 iniury or property damage which may arise directly or
indirectly as a result of any actions or inactions by the COUNTY, or any actions or
inactions of COUNTY's contractors, subcontractors, agents, or employees in
connection with the construction, improvement, operation, or maintenance of the
Project, provided that COUNTY 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).
21. Insurance.
21.1 Public Liability and Property. Damage Insurance. During
the term of this Agreement, DEVELOPER shall maintain in effect a policy of
Dublin/Alameda Development Agreement Page 14 of 18
for Tassajaxa Meadows II (County Site 1) Project March 30, 1999
99212775
comprehensive general liability insurance with a per-occurrence combined single limit
of not !ess than one million dollars ($1,000,000.00) and a deductible of not more
than ten thousand dollars ($10,000.00) per claim. The policy so maintained by
DEVELOPER shall name the CITY as an additional insured and shall include either a
severability of interest dame or cross-liability endorsement. Notwithstanding the
foregoing, as long as the Surplus Property Authority of Alameda County is the
"Developer" it may self insure to satisfy the foregoing requirements.
21.2 Workers Compensation Insurance. During the term of this
Agreement DEVELOPER shall maintain Workers Compensation insurance for all
persons employed by DEVELOPER for work at the Proiect site. DEVELOPER shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. DEVELOPER agrees to
indenmify the City for any damage resulting from DEVELOPER's failure to maintain
any such insurance.
21.3 ~fi~[~~. 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.
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
Dublin/Alameda Development Agreement Page 15 of 18
for Tassajara Meadows II (County Site 1 ) Project March 30, 1999
99212?'/5
Notices required to be given to COUNTY shall be addressed as follows:
and
Patrick Cashman
Project Director
Surplus Property Authority of Alameda County
225 W. Winton Avenue, Room 151
Hayward, CA 94544
Adolph Martinelli
Director of Planning
County of Alameda
399 Elmhurst Street
Hayward, CA 94544
Notices required to be given to DEVELOPER shall be addressed as follows:
John Wong
Mission Peak Homes, Inc.
245 Sinclair Frontage Road
Milpitas, CA 95035
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. Agr~ eement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement
of the parties.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Dublin/Alameda Development Agreement Page 16 of 18
for Tassajara Meadows II (County Site 1 ) Project March 30, 1999
Exhibit A Legal Description of Property
~ Additional Conditions
26. Counterparts.
This Agreement is executed in three (3) 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: May°r(~¥ ~. /']/O/Z~T'0A]
ATI'EST:
k
APPROVED AS TO FORM:
Date:
City Attorney
Dublin/Alameda Development Agreement Page 17 of 18
for Tassajara Meadows II (County Site I) Prolect March 30, 1999
992 27 §
SURPLUS PROPERTY AUTHORITY
· OF ALAMEDA COUNTY:
Ac~o~ph -M'artinelli
Its Manager
APPROVED AS TO FORM:
~'~t~om~ for Su~"~ Property
Ag~r~ ~[alt~g~unty of ~eda
MISSION P~ HOMES, INC.
Date: ~O~.~:~. ~
(NOTARIZATION ATTACHED)
EHS:rja
J:\WPD\MNRSWM 14\113~A. GREE~TA~SAJDA.330
Dublin/Alameda Development Agreement Page 18 of 18
for Tassajara Meadows II (County Site 1) Project March 30, 1999
99212775
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~
County of
On ~'/"~.t~.¢/'O . before me, ~'/~ ~/'~--~//~/O'7''/cj'~/ P/-'/~/--/~---~
personally appeared ~ ~ ~(s) of Signe~s)
~personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person~
whose name~is/~subscribed to the within instrument
and acknowledged to me that he~ executed the
same in hi~/~r authorized capacity, and that by
h[s~/~ signature~on the instrument the person~
or the enti~ upon behalf of which the perso~acted,
executed the instrument.
WITNESS my hand and officia~.eal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reaffachrnent of this form to another document.
Description of Attached Document ~.~
Document Date: ~"~/~'~- z.~. /4:~4:~ (/ Number of Pages: ~7~__
Signer(s) Other Than Named Above: ~rt~O~ ,~~, ~J ~'
Capacity(les) ~laimed by Signer(s)
Signer's Name: '~'~-~ ~-
[] Individual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Si~.er Is Representing:
Top of thumb here
cer
[] Partner-- [] L~ted [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservat"or,,.
[] Other:
Signer Is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
9'92127
0 ~---~ Cornm. #1063859
Countyof ~_ o~(L~qk.
On ~o^~ loc/? beforeme, ~'3tlqnG ~ IA~ P~e.
NAME{~) OF SIGNER(S)
~monally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence
to be the person~ whose name~ is~
subscribed to the within instrument and ac-
knowledged to me that he/~/t~y executed
the same in his/~/~ir authorized
capacity~, and that by his/~/~r
Signature~ on the instrument the person~
or the entity upon behalf of which the
person~) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
11TLELS)
[] PARTNER(S) [] LIMITED
[] GENERAL
[] ATTORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DO~. UMENT.
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
992127'/§
State of California )
) SS.
County of Alameda ) ~
On~/~k ~ /~/¢ before me, a Notary Public,
personally appeared ~--~a~d~? ~ /~//-rLc~-
personally known to me (er proved~o a-~¢ mt thc baulu of ~atisfa~~' ) to be
the person/whose name~_~)are subscribed to the within instrument and
acknowledged to me that ~'heYd~ey executed the same in(~.~,~dd',~i, authorized
capadty(i~, and__ that by~nmTkt~eir signature .~ the instrument the person~,
or the entity upon behalf of which the persox~acted, executed the instrument.
WITNESS my hand and official seal.
i]rian Kan.qas Foulk
99212775
February I 1, 1999
BKF Project No. 940158-14
PROPERTY DESCRIPTION
(MISSION PEAK HOMES)
.-~LL ~at certain real.property situate in the City of Dublin, County of Alameda,. State of California,
and described as follows: '
Parcel 1 as shox~'n on that certain map entitled "PARCEL MAP NO. 735T', filed Februa.9, l 1.1999
in Book 244 of Parcels Maps at Pages 7 through 10, inclusive, in the Office of the Recorder of
Alameda County, State of California.
A plat showing the above described property is attached hereto and made a part hereof as Exhibit
This description was prepared for Brian Kangas Foulk.
By:
Paul Kittredge, P.L.SO~Io. 5790
License Expires: 06/30/00
Dated:
PAUL KIITRE~GE
EXP. 6,'30/00
Exhibit A
page 1 of 2
A --- 97'49'35'
R=
L = 42.6B'
200'
R£MA]NDER
PARc~'L
2/.I..4 P.M. 7
15'53'42'
368,0o'
102.o9'
REMAINDER
PARCEL
~44 P.,~. 7
PARCEL 1
PARCEL MAP 7357
244 P.M. 7
11.079 AC.~
/.. N 46~I 3'14"E 28.29'
NOlqS'O7"E 61.28'
NOl~5'O7'E
NO2~17'l.9,-E 17.63'-
~ F : 19g.25 121.77'
TRACT Bg7g
242 h'm, PS _~5
N~go47'4-~'W g.o0'~
TA$$AJARA ROAD Exhibit
Page 2 of
~ PROPERTY DESCRIPTION
Suite 200 B-i 4
992 2775
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparagraph 5.3.1 -- Subsequent Discretionary. Approvals
None.
Subparagraph 5.3.2 -- Mitigation Conditions
S_~thte~dan_~ Infrastructure Sequencing Pro.am
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of dedication)
described below and those identified in Resolution 98-43 of the City of Dublin
Planning Commission "Approving the Vesting Tentative Map and Site Development
Review for Tassajara Meadows (Tract 7022)" (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.
A. 1-580 at Santa Rita Road/Tassa!ara Road Eastbound Off
Ramp
Condition 6.1 (n) of Resolution 98-43 shall be revised to read as
foliows:
"The Public Works Director shall determine when the
eastbound off-ramp from 1-580 at the Santa
Rita/Tassajara Road exit shall be widened and restriped to
provide one exclusive through lane and two left-turn lanes
(with the existing flee right-turn lane remaining). In
conjunction with this improvement, the traffic signal shall
Dublin/Alameda Development Agreement for Page 1 of I I
Tassajara Meadows II (County Site 1) Project - Exhibit B March 30, 1999
99212775
be modified to provide protected left-turn phasing on the
east and west legs (removing the existing split phasing).
The Public Works Director shall also determine when the
westbound approach on Pimlico Drive will need to
provide a second left turn lane.
Within one year of notification by the Public Works
Director, unless otherwise constructed by others and
provided consent from Caltrans and the City of
Pleasanton, if necessary, has been obtained, COUNTY
shall design and construct these improvements to the
satisfaction of the Public Works Director with input from
the City of Pleasanton where applicable. To the extent
practical, the notice shall be timed so that the work shall
be completed immediately prior to the point where Level
of Service E occurs."
B. Tassa!axa Road (Dublin Boulevard to Pro!ect)-Interim
The following improvements shall be completed no later than
Certificate of Occupancy for the first unit, unless constructed by others prior to that
time.
DEVELOPER shall widen and restripe Tassajara Road from the
northern edge of the Property south to Dublin Boulevard to provide: a 12' wide
minimum right turn pocket onto Gleason Drive (southbound), adequate turnouts,
through lanes (one north bound and one south bound), transitions and 4' shoulders,
and shall repair all failed pavement.
C. Gleasozx Drive {Tassa!ara Creek to Tassajara Road)
DEVELOPER shall construct the improvements for Gleason Drive
from Tassajara Creek to Tassajara Road described in Condition 6.1 (a) of the TM
Resolution no later than the date CITY accepts the improvements to Emerald Glen
Park (Phase I). This obligation is not dependent on DEVELOPER recording a final
map. Altemativdy, DEVELOPER may construct three 30' wide access ways from
existing Gleason Drive to the three park driveways; the access ways shall be
constructed to the satisfaction of the Public Works Director no later than the date
Dublin/ALameda Development Agreement for Page 2 of 11
Tassajara Meadows II (County Site 1) Project - Exhibit B March 30, 1999
992 27 5
CITY accepts the improvements to Emerald Glen Park (Phase I). The alternative is
. not a substitute for construction of the improvements for Gleason Drive as described
in Condition 6.1 (a) of the TM Resolution.
Prior to constructing such improvements, DEVELOPER will
submit a construction schedule to CITY's Public Works Director for review and
approval.
DEVELOPER will provide access to the site of Phase 1 of Emerald
Glen Park to the general contractor retained by CITY to construct the Phase 1
improvements to Emerald Glen Park. DEVELOPER and CITY will coordinate
construction of the improvements to Gleason Drive and the construction of Phase 1
of Emerald Glen Park, respectively, to minimize conflicts between the two contractors
regarding access and related issues.
D. Miscellaneous
The obligations of subsections A and B above shall be of no force
or effect until DEVELOPER obtains the first building permit for the Project. Once
effective, such obligations shall survive termination of this Agreement.
DEVELOPER shall be responsible for transitioning existing
improvements to match improvements required by this Agreement, including
dedications, to the satisfaction of the 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.
Dublin/Alameda Development Agreement for Page 3 of I 1
Tassajara Meadows II (County Site 1) Project - Exhibit B March 30, 1999
Recycled water lines shall be installed in accordance with the tentative
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 CITYs 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 of other utilities shall be completed by phase prior to
issuance of the first Certificate of Occupancy for any building within that specific
phase of occupancy.
e c$_u_b_s_~j_0_~ ~. 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 or COUNTY
to defer completion of discrexe portions of any of the above public improvements
until after final inspection of the first building permit for the Project if the Public
Works Director determines that to do so would not jeopardize the public health,
safety or welfare.
(ii) Improvement Agreement
Prior to constructing the Improvements described in Subparagraph
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Tassajara Meadows II (County Site 1) Project - Extfibit B March 30, 1999
99212775
5.3.2(a) above, DEVELOPER and COUNTY shall submit plans and spedfications to
CITY's Public Works Director for review and approval and shall enter into an
impro~rement agreement with CITY for construction and dedication of the public
facilities. All such improvements shall be constructed in accordance with City's
standards and polities which are in force and effect at the time of issuance of the
permit for the proposed improvements, including but not limited to, the "Precise
Plans" for Eastern Dublin Santa Rita Area prepared for the Surplus Property
Authority by Brian Kangas Foulk dated July 30, 1998, including any revisions
approved by the Public Works Dixector ("Precise Plans").
(iii) Bonds
Prior to execution of the Improvement Agreement, DEVELOPER (or its
optionee, with the approval of the Public Works Director) shall provide a cash
monument bond, a performance bond and labor and materials bond or other
adequate security to insure that the Improvements described in Subparagraph
5.3.2(a)(i) above will be constructed prior to the times specified above. The
performance bond or other security shall be in an amount equal to 100% of the
engineer's estimate of the cost to construct the improvements (including design,
engineering, administration, and inspection) and the labor and materials bond shall
be in an amount equal to 50% of the engineers estimate. The bonds shall be written
by a surety licensed to conduct business in the State of California and approved by
CITY's City Manager.
(iv) Right to Construct Additional Road Improvements.
With the prior written consent of CITY's Public Works Director,
DEVELOPER may construct roadway improvements which are not described in this
Exhibit B if such improvements are described in the resolution establishing the
Eastern Dublin Traffic Impact Fee and if such improvements are constructed in their
ultimate location.
DEVELOPER shall be required to enter into an Improvement
Agreement and provide bonds for such improvements, as provided in Subsection
(b)(ii) and (iii) above, prior to construction. CITY shall provide a credit to
DEVELOPER for the cost of such improvements in the manner and subject to the
conditions provided in Subparagraph 5.3.6, Subsections (a) and (b).
Dublin/Alameda Development Agreement for Page 5 of 11
Tassajara Meadows II (County Site 1) Project - Exhibit B March 30, 1999
(v) Constr-ction of Tassa!ara Road Improvements Under One
DEVELOPER acknowledges that it is in the best interest of
DEVELOPER and CITY that improvement of Tassajara Road from North Dublin
Ranch Drive to Dublin Boulevard be constructed under one contract to avoid traffic
delays, noise, dust and other construction related inconveniences to the general public
and the further residents of the Project. CITY may require another developer to
construct all improvements to Tassajara Road from North Dublin Ranch Drive to
Dublin Boulevard that are required for that other project (including improvements
which are included in the Eastern Dublin Traffic Impact Fee and those which are
not). In such event, DEVELOPER agrees that it will allow, and will enter into such
agreements as necessary to enable, such other developer to construct the
improvements to Tassajara Road along the frontage of the Project which are required
for this Project as part of the other developer's construction contract. These
improvements shall be shown on the "Precise Plans".
$~Jbparagraph 5.3.3 -- Phasing. Timing
With the exception of the road improvements described in Subparagraph
5.3.2 (a)(i), this Agreement contains no requirements that DEVELOPER must initiate
or complete development of the Project within any period of time set by CITY. It is
the intention of this provision that DEVELOPER be able to develop the Property in
accordance with its own time schedules and the Project Approvals.
Subparagraph 5.3.4 -- Financing Plan
DEVELOPER will install all street improvements necessary for the Project at
its own cost (subject to credits for certain improvements 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 District. COUNTY has entered into an "Area Wide Facilities Agreement"
with the Dublin San Ramon Sertices 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.
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Tassajara Meadows II (County Site 1) Project - Exhibit B March 30, 1999
992127 5
Subparagraph 5.3.5 -- Fees. Dedications
DEVELOPER shall pay all traffic impact fees applicable to the Project which
are in effect at the time of issuance of any building permit for the Project. Such fees
include the Eastern Dublin Traffic Impact Fee ("TIF') established by Resolution No.
41-96, 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 impact fee.
DEVELOPER, COUNTY and CITY acknowledge that COUNTY is entitled
to certain credits ("1991 Credits") against payment of the Traffic Impact Fee for
Eastern Dublin by separate agreements previously entered into between COUNTY
and CITY in 1991. COUNTY is also entitled to certain other credits ("Prior
Agreement Credits") against payment of the Traffic Impact Fee for Eastern Dublin by
other development agreements entered into between COUNTY and CITY.
COUNTY agrees that, notwithstanding its entitlement to such 1991 Credits, its
1991 Credits cannot be applied against payment of the "Section 2" portion of the
Traffic Impact Fee for Eastem Dublin for the Proiect. DEVELOPER and/or
COUNTY (and its assignee) will, rather, pay the "Section 2" portion of the fee in
cash.
COUNTY further agrees that it (and its assignee) will use the 1991 Credits
and/or Ptior Agreement Credits against at least one-half (V2) of the "Section 1"
portion of the Traffic Impact Fee for Eastern Dublin for the Project provided that it
has sufficient such credits. CITY shall determine which of the 1991 Credits and/or
Prior Agreement Credits shall be used pursuant to this paragraph.
Notwithstanding anything herein to the contrary, DEVELOPER further
agrees that it will pay at least seven percent (7%) of the "Section 1" portion of the
Traffic Impact Fee for Eastern Dublin in cash.
Traffic Impact Fee to Reimburse Pleasanton for Freeway
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
Dublin/Alameda Development Agreement for Page 7 of 11
Tassajaxa Meadows II (County Site 1) Project - Exhibit B March 30, 1999
992 2775
pay such fees no later than the time of issuance of building permits and in the then-
current amount of the impact fee.
~ P13blic Facilities Fees.
DEVELOPER shall pay a Public Facilities Fee in the amounts and at the
times set forth in City of Dublin Resolution No. 32-96, adopted by the City Council
on March 26, 1996, or in the amounts and at the times set forth in any resolution
revising the amount of the Public Facilities Fee. 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.
Notwithstanding the preceding sentence, the amount of the Public Facilities
Fee shall be reduced by the "Community Parks, Land" and "Neighborhood Parks,
Land" component of the Public Facilities Fee, as follows. The amount of the
"Community Parks, l-and" and "Neighborhood Parks, Iand' dedication for the
Project is .95 acres. DEVELOPER shall satisfy such obligation by using COUNTY's
existing credit of 2.84 acres to which DEVELOPER is entitled under the
"Development Agreement Between the City of Dublin and the Surplus Property
Authority of the County of Alameda for the Jefferson at Dublin Project" (recorded
July 17, 1998), which will leave a credit balance for COUNTY of 1.89 acres.
The credit balance of 1.89 acres may be used by COUNTY as a credit
against its obligation under Dublin Mtmicipai Code Chapter 9.28 for community
park land and neighborhood park land and the portion of the Public Facilities Fees
for "Commtmity Parks, Land" and "Neighborhood Parks, Land" for future projects on
its remaining Santa Rita property.
Subsection d. ~.
DEVELOPER shall pay a Noise Mitigation Fee in the amounts and at the
times set forth in City of Dublin Resolution No. 33-96, adopted by the City Council
on March 26, 1996, and any amendments thereto. 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.
School impact fees shall be paid by DEVELOPER in accordance with
Dublin/Alameda Development Agreement for Page 8 of 11
Tassajara Meadows Il (County Site 1) Project - Exhibit B March 30, 1999
9921271§
Government Code section 53080 and the existing agreement between COUNTY, as
DEVELOPER's predecessor in interest, and the Dublin Unified School District.
DEVELOPER shall pay a fire facilities fee in the amounts and at the times
set forth in City of Dublin Resolution No. 37-97 or 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.
~ Tri-Valley Transportation Development 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.
Subpara~m'aph 5.3.6 -- Credit
Traffic Impact Fee Improvements -- Credit
CITY sha[l provide a credit to COUNTY 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 this Agreement.
Ail aspects of use of the credits shall be governed by CITY's Administrative
Guidelines governing traffic fee credits and reimbursements (Resolution No. 23-99).
bsSx!b!_e_i~ln~ 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 required for roadway improvements
which are described in the resolution establishing the Eastern Dublin Traffic Impact
Fee.
All aspects of use of the credits shall be governed by CITY's Administrative
Guidelines governing traffic fee credits and reimbursements (Resolution No. 23-99).
Dublin/Alameda Development Agreement for Page 9 of 11
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99212775
Subparagraph 5.3.7 -- Miscellaneous
Landscaping Maintenance Along Streets and Creek
Purs-ant to Conditions 2.12, 14.2, 14.3 and 16.1 of Resolution 98-43, the
Homeowners Association to be formed by recorded Covenants, Conditions, and
Restrictions (CC&K's) will maintain the landscaping within the public right-of-way
along Tassaiara Road and Gleason Drive. The CC&R's will require the Homeowners
Associate 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 Homeowners Association's policy of liability insurance.
CITY will institute proceedings to detach the Property from "Landscape
Maintenance Assessment District No. 97-1 (Santa Rita Area)" to be effective when
the Homeowners Association begins to maintain such areas.
One-time Increase in Credits and TIF Fees
It is contemplated that CITY will amend the TIF to increase the amount of
the TIF fee due to increases in construction costs and land values. In the event that
CITY so amends the TIF in 1999, and notwithstanding CITY's Administrative
Guidelines, CITY will make a one-time adjustment to the amount of any credit which
COUNTY has previously been given pursuant to this agreement so that the amount
of the credit shall be based on the construction costs used by CITY in its updated TIF
if the credit is for constructing improvements and/or on the land values used by CITY
in its updated TIF if the credit is for dedicating land. The revised credit shall not be
increased for inflation nor shall interest accrue on it.
If DEVELOPER has paid any TIF fees prior to the date the credit is
increased, DEVELOPER will pay to CITY the difference between the TIF fees
previously paid and the amount that DEVELOPER would have paid if the revised
TIF fees had been in effect at the time of payment. DEVELOPER may use TIF
credits purchased from COUNTY for such payment.
The following example illustrates the provisions of the preceding paragraphs.
Assume that COUNTY dedicated land for Dublin Boulevard (a Section 1
improvement) on May 1, 1999 and that the amount of credit COUNTY received was
$2,000,000, which amount was based on the land value included in the TIF as of
Dublin/Alameda Development Agreement for Page 10 of 11
Tassajara Meadows II (County Site 1) Project - Exhibit B March 30, 1999
992 l
May 1, 1999. Assume further than on May 15, 1999, the City Coundl amends the
,TIF, to be effective on July 15, 1999, to increase land values. Assume further that
the land value for the dedicated land in the revised TIF is $3,000,000. On July 15,
1999, CITY will increase the amount of credits for COUNTY from $2,000,000 to
$3,000,000. In this example, DEVELOPER pulled 100 building permits on May 5,
1999 and had paid Section ! TIF fees in the total amount of $300,000 ($3000 per
unit). If the Section 1 TIF fee is increased to $4000 per unit effective July 15, 1999,
DEVELOPEK will/~we CITY an additional $100,000 on July 15.
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Dublin/Alameda Development Agreement for Page i I of 11
Tassajara Meadows I1 (County Site 1) Project - Exhibit B March 30, 1999