HomeMy WebLinkAboutDublin Ranch West Wallis Ranch,RECORDING REQUESTED BY
`CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
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DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
THE LIN FAMILY
FOR WALLIS RANCH
(DUBLIN RANCH WEST)
.y/-,-.
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered
in the City of Dublin on this (q~day of ~brrla.r , 200~`lby and between the City of
Dublin, a Municipal Corporation (hereafter `TCity"), and Chang Su-O-Lin (also
known as Jennifer Lin), a married woman (hereafter "Developer"), pursuant to the
authority of §§ 65864 et seq. of the California Government Code and Dublin
Municipal Code, Chapter 8.56.
RECITALS
A. California Government Code §§ 65864 et seq. and Chapter 8.56 of
the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter
into an agreement for the development of real property with any person having a
legal or equitable interest in such property in order to establish certain
development rights in such property; and
B. DEVELOPER desires to develop and holds legal interest in certain
real property consisting of approximately 184 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
C. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property; and
D. The Eastern Dublin Specific Plan requires Developer to enter into
this development agreement, and, at the request of the Developer, City has
agreed to extend the term of the Agreement beyond the standard five-year term
that the City offers for development agreements required by the Eastern Dublin
Specific Plan in exchange for the Developer's submission of a $1,000,000
community benefit payment to the City prior to the Effective Date of this
Agreement; and
E. Developer proposes the development of the Property with 935
residential units (although the Stage 1 development plan permits 1023 units) and
various non-residential uses including neighborhood park, semi-public, open
space, open space multi-use trial, private recreation facilities, water retention
basin and associated public right-of-way (the "Project"); and
F. Developer has applied for, and City has approved various land use
approvals in connection with the development of the Project, including an
amendment to the General Plan and Eastern Dublin Specific Plan (City Council
Resolution No. 19-07), PD District rezoning and related Stage 1 and Stage 2
development plans (City Council Ordinance No. 2-07), Master Vesting Tentative
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.Map for Tract 7515 (Planning Commission Resolution No. 07-01), Neighborhood
Vesting Tentative Maps for Tract 7711 (Neighborhood 1), Tract 7712
(Neighborhood 2), Tract 7713 (Neighborhood 3), Tract 7714 (Neighborhood 4),
Tract 7715 (Neighborhood 5), Tract 7716 (Neighborhood 6) (Planning
Commission Resolution 07-01), and site development review (Planning
Commission Resolution No. 07-01) (collectively, together with any approvals or
permits now or hereafter issued with respect to the Project, the "Project
Approvals"); and
G. Development of the Property by Developer may be subject to
certain future discretionary approvals, which, if granted, shall automatically
become part of the Project Approvals as each such approval becomes effective;
and
H. City desires the timely, efficient, orderly and proper development of
said Project; and
I. The City Council has found that, among other things, this
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
J. City and Developer have reached agreement and desire to express
herein a development agreement that will facilitate development of the Project
subject to conditions set forth herein; and
R
K. On ,~unyturU 20 , 200, the City Council of the City of Dublin
adopted Ordinance No. o~'Uq approving this Agreement. The ordinance took
effect on Febrv~r 1 , 200 ("the 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:
AGREEMENT
Description of Property.
The Property that is the subject of this Agreement is described in Exhibit A
attached hereto.
2. Interest of Developer.
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The Developer has a legal or equitable interest in the Property in that it
owns the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by City and Developer and that the Developer is not
an agent of City. The City and Developer hereby renounce the existence of any
form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1. Effective Date. The effective date of this Agreement shall be the
Approval Date.
4.2. Term. The term of this Agreement shall commence on the
Effective Date and extend fifteen (15) years thereafter, unless said term is
otherwise terminated or modified by circumstances set forth in this Agreement.
Notwithstanding the foregoing sentence, in the event that the City does not
receive the Community Benefit Payment referenced above in Recital D on or
prior to the Effective Date, the term will be five (5) years rather than fifteen (15)
years.
5. Use of the Property.
5.1. Right to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals (as and when issued), and any amendments
to any of them as shall, from time to time, be approved pursuant to this
Agreement. Notwithstanding anything to the contrary in this Agreement, the
ordinances, resolutions, rules, regulations and official policies governing
amendments to the Project Approvals shall be those in force and effect on the
Effective Date of this Agreement.
5.2. Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by City) and other terms and conditions of development applicable to
the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
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5.3. Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto and incorporated herein by
reference.
5.3.1. Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
or other approvals from regulatory agencies.)
See Exhibit B
5.3.2. Mitigation Conditions. Additional or modified conditions
agreed upon by the parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3. Phasing, Timing. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5.3.4. Financing Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5. Fees, Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6. Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7. Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules, Regulations and Official Policies.
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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 the Agreement.
6.2. Rules re Design and Construction. Unless otherwise expressly
provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules,
regulations and official policies governing design, improvement and construction
standards and specifications applicable to the Project shall be those in force and
effect at the time of the applicable discretionary approval, whether the date of
that approval is prior to or after the date of this Agreement. Ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to public improvements
to be constructed by Developer shall be those in force and effect at the time of
the applicable discretionary approval, whether date of approval is prior to or after
the date of this Agreement.
6.3. Uniform Codes Applicable. Unless expressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance
with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and
Fire Codes and Title 24 of the California Code of Regulations, relating to Building
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project.
7. Subsequently Enacted Rules and Regulations.
7.1. New Rules and Regulations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the Effective Date of this Agreement and which are not in conflict with those
applicable to the Property as set forth in this Agreement if: (a) the application of
such new or modified ordinances, resolutions, rules, regulations or official
policies would not prevent, impose a substantial financial burden on, or materially
delay development of the Property as contemplated by this Agreement and the
Project Approvals and (b) if such ordinances, resolutions, rules, regulations or
official policies have general applicability. Notwithstanding the foregoing, the
parties agree that all of the provisions of Ordinance No. _-07 (adding Municipal
Code Chapter 7.90 entitled Universal Design) shall apply to the Project, except
the requirements set forth in Dublin Municipal Code section 7.90.060.8.1 through
7.90.060. B.5.
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,
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,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, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property,
City agrees that such ordinance, resolution or other measure shall not apply to
the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in Government Code § 8558.
8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1. Fees, Exactions, Dedications City and Developer agree that the
fees payable and exactions required in connection with the development of the
Project for purposes of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and complying with the Specific Plan shall
be those set forth in the Project Approvals and in this Agreement (including
Exhibit B). The City shall not impose or require payment of any other fees,
dedications of land, or construction of any public improvement or facilities, shall
not increase or accelerate existing fees, dedications of land or construction of
public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the
Project Approvals and this Agreement (including Exhibit B, subparagraph 5.3.5).
8.2. Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective only; and (3) the
application of such fees would not prevent, impose a substantial financial burden
on, or materially delay development in accordance with this Agreement.
8.3. New Taxes. Any subsequently enacted city-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
8.4. Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
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' 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 subject to
approval by the City Council in accordance with Chapter 8.56.
9.2. Amendment by Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the parties hereto and in
accordance with the procedures of State law and Chapter 8.56.
9.3. Insubstantial Amendments. Notwithstanding the provisions of the
preceding paragraph 9.2, any amendments to this Agreement which do not relate
to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted
uses of the Property as provided in paragraph 5.2; (c) provisions for "significant"
reservation or dedication of land as provided in Exhibit B; (d) conditions, terms,
restrictions or requirements for subsequent discretionary actions; (e) the density
or intensity of use of the Project; (f) the maximum height or size of proposed
buildings; or (g) monetary contributions by Developer as provided in this
Agreement, shall not, except to the extent otherwise required by law, require
notice or public hearing before either the Planning Commission or the City
Council before the parties may execute an amendment hereto. The City
Engineer 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
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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.
10. Term of Project Approvals.
10.1. Pursuant to California Government Code Section 66452.6(a), the
term of the vesting tentative map described in Recital F above shall automatically
be extended for the term of this Agreement. The term of any other Project
Approval shall be extended only if so provided in Exhibit B.
11. Annual Review.
11.1. Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2008 and each July 15 to 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 Agreement. The
burden of proof by substantial evidence of compliance is upon the Developer.
11.3. Staff Reports. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits concerning
contract performance at least five (5) days prior to any annual review.
11.4. Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the City's schedule
of fees in effect at the time of review.
12. Default.
12.1. Other Remedies Available. Upon the occurrence of an event of
default, the parties may pursue all other remedies at law or in equity which are
not otherwise provided for in this Agreement or in City's regulations governing
development agreements, expressly including the remedy of specific
performance of this Agreement.
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12.2. Notice and Cure. Upon the occurrence of an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3. No Damages Against City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against City
upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
13.1. 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
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.any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or
otherwise.
14.2. Mortgagee Not Obligated. Notwithstanding the provisions of
Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
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.
15.1. The unenforceability, invalidity or illegality of any provisions,
covenant, condition or term of this Agreement shall not render the other
provisions unenforceable, invalid or illegal.
16. Attorneys' Fees and Costs.
16.1. If City or Developer initiates any action at law or in equity to enforce
or interpret the terms and conditions of this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs in addition to any
other relief to which it may otherwise be entitled. If any person or entity not a
party to this Agreement initiates an action at law or in equity to challenge the
validity of any provision of this Agreement or the Project Approvals, the parties
shall cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse City for
all reasonable court costs and attorneys' fees expended by City in defense of any
such action or other proceeding.
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.17. Transfers and Assignments.
17.1 Developer's Right to Assign. All of Developer's rights, interests
and obligations hereunder may be transferred, sold or assigned in conjunction
with the transfer, sale, or assignment of the Property subject hereto, or any
portion thereof, at any time during the Term of this Agreement, provided that no
transfer, sale or assignment of Developer's rights, interests and obligations
hereunder shall occur without the prior written notice to City and approval by the
City Manager of City, which approval shall not be unreasonably withheld or
delayed. The City Manager shall consider and decide the matter within ten (10)
working days after Developer's notice is given to City and receipt by City
Manager of all necessary documents, certifications and other information
required by City Manager to decide the matter. In considering the request, the
City Manager shall base the decision upon the proposed assignee's reputation,
experience, financial resources and access to credit and capability to
successfully carry out the development of the Property to completion. The City
Manager's approval shall be for the purposes of: (a) providing notice to City; (b)
assuring that all obligations of Developer are fully allocated as between
Developer and the proposed purchaser, transferee or assignee; and (c) assuring
City that the proposed purchaser, transferee or assignee is capable of performing
Developer's obligations hereunder not withheld by Developer pursuant to
Paragraph 17.3. Notwithstanding the foregoing, provided notice is given as
specified in Paragraph 23, no City approval shall be required for any transfer,
sale, or assignment of this Agreement to: (1) any entity which either (i) is an
affiliate or subsidiary of Developer or (ii) results from the merger of Developer or
its parent or is the purchaser of all, or substantially all, of the assets of Developer
or its parent; (2) any Mortgagee; or (3) any transferee of a Mortgagee.
17.2 Release Upon Transfer. Upon the transfer, sale, or assignment
of all of Developer's rights, interests and obligations hereunder pursuant to
Paragraph 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 rights, interests and
assumed obligations. In any event, the transferee, purchaser, or assignee shall
be subject to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval.
17.3 Developer's Right to Retain Specified Rights or Obligations.
Notwithstanding Paragraphs 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
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.specifies such rights, interests and/or obligations in a written document to be
appended to this Agreement and recorded with the Alameda County Recorder
prior to the sale, transfer or assignment of the Property. Developer's purchaser,
transferee or assignee shall then have no interest or obligations for such rights,
interests and obligations and this Agreement shall remain applicable to
Developer with respect to such retained rights, interests and/or obligations.
17.4 Termination of Agreement Upon Sale of Individual Lots to Public.
Notwithstanding any provisions of this Agreement to the contrary, the burdens of
this Agreement shall terminate as to any lot which has been finally subdivided
and individually (and not in "bulk") leased (for a period of longer than one year) or
sold to the purchaser or user thereof and thereupon and without the execution or
recordation of any further document or instrument such lot shall be released from
and no longer be subject to or burdened by the provisions of this Agreement;
provided, however, that the benefits of this Agreement shall continue to run as to
any such lot until a building is constructed on such lot, or until the termination of
this Agreement, if earlier, at which time this Agreement shall terminate as to such
lot.
18. Agreement Runs with the Land.
All of the provisions, rights, terms, covenants, and obligations
contained in this Agreement shall be binding upon the Parties and their
respective heirs, successors and assignees, representatives, lessees, and all
other persons acquiring the Property, or any portion thereof, or any interest
therein, whether by operation of law or in any manner whatsoever. All of the
provisions of this Agreement shall be enforceable as equitable servitude and
shall constitute covenants running with the land pursuant to applicable laws,
including, but not limited to, Section 1468 of the Civil Code of the State of
California. Each covenant to do, or refrain from doing, some act on the Property
hereunder, or with respect to any owned property, (a) is for the benefit of such
properties and is a burden upon such properties, (b) runs with such properties,
and (c) is binding upon each party and each successive owner during its
ownership of such properties or any portion thereof, and shall be a benefit to and
a burden upon each party and its property hereunder and each other person
succeeding to an interest in such properties.
19. Bankruptcy.
19.1. The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. Indemnification.
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20.1. Developer agrees to indemnify, defend and hold harmless City, and
its elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors,
subcontractors, agents, or employees in connection with the construction,
improvement, operation, or maintenance of the Project, provided that Developer
shall have no indemnification obligation with respect to negligence or wrongful
conduct of City, its contractors, subcontractors, agents or employees or with
respect to the maintenance, use or condition of any improvement after the time it
has been dedicated to and accepted by the City or another public entity (except
as provided in an improvement agreement or maintenance bond).
21. Insurance.
21.1. Public Liability and Property Damage Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with aper-occurrence combined single limit of not less
than one million dollars ($1,000,000.00) with a One Hundred Thousand Dollar
($100,000) self insurance retention per claim. The policy so maintained by
Developer shall name the City as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2. Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for all
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
21.3. Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish City satisfactory evidence of the insurance
required in Sections 21.1 and 21.2 and evidence that the carrier is required to
give the City at least fifteen days prior written notice of the cancellation or
reduction in coverage of a policy. The insurance shall extend to the City, its
elective and appointive boards, commissions, officers, agents, employees and
representatives and to Developer performing work on the Project.
22. Sewer and Water.
22.1. Developer acknowledges that it must obtain water and sewer
permits from the Dublin San Ramon Services District ("DSRSD") which is another
public agency not within the control of City.
Dublin/Lin Family Development Agreement Page 14 of 16
For Wallis Ranch (Dublin Ranch West)
Revised Wallis Ranch Development Agreement_FINAL.DOC; 114.200
23. ~ Notices.
23.1. 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
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
Martin W. Inderbitzen
P.O. Box 1537
Pleasanton, CA 94566
FAX No. (_) -_
With copies to:
James Tong
Charter Properties
4690 Chabot Drive, Ste. 100
Pleasanton, CA 94588
FAX No. ( ) -
A party may change address by giving notice in writing to the other party
and thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
following day or by facsimile transmission which shall be deemed given upon
verification of receipt.
24. Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement of the
parties.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Dublin/Lin Family Development Agreement Page 15 of 16
For Wallis Ranch (Dublin Ranch West)
Revised Wallis Ranch Development Agreement_FINAL.DOC; 114.200
Exhibit A Legal Description of Property
Exhibit B 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 (10) 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: ` ~
~,.....~ t ..~.~---, Mayor
Tr~n 5b rcpt i
ATTEST:
City Clerk
CaYU[i~2 S~~u
DEVELOPER:
x
Chang Su- -Lin (also known as
Jennifer L n)
APPROVED AS TO FORM:
Martin W. Inde itzen
Attorney for Chang Su-O-Lin
APPROVED AS TO FORM:
C' Attorney
~4wt. 13ak1«
(NOTARIZATION ATTACHED)
Dublin/Lin Family Development Agreement Page 16 of 16
For Wallis Ranch (Dublin Ranch West)
Revised Wallis Ranch Development Agreement_FINAL.DOC; 114.200
CALIFORNIA .ALL-PURPOSE ACfCNOWLEDGMENT
State of California /~
County of /~ ~ Q.W- ~ a--
Ong ~ai'200~( before me, ~-E'~U~1V~P ~' ~~~ r~1U+C~,Y / ~Vb ~(G
Dade Here Insert Name and Title of the cer
personally appeared ~ (-"'~ ~ ~r~~ i
Name(s) of Signer(s)
C/I~OtN# !!
CdTMtIrIMDn;If ti41Y~T
NOtgly hiiONc - C/I~MO
~jr~.+m',ssis~n~ 1 ~~ ~ ~ 2
Place Notary Seal Above
WITNESS my h d and officia{l~sea~l.~'
Signature ~ ~~"" r
Signature of Notary Public
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 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:
~t~
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/a;=e subscribed to the
within instrument and acknowledged to me -that
he/s#e/#~eq executed the same in his/herft~-eir authorized
capacity(+es), and that by his/herr signature(sj on the
instrument the person(s), or the entity upon behalf of
which the person(sj 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.
Top of thumb here
Number. of Pages:
Signer's -Name:
^ Individual
^ Corporate Officer -Title(s): -
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
Top of thumb here
®2007 National Notary Association • 935D De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NatlonalNotaryorg Item #5907 Reorder. call Tall-Free 1-600-876-6827
STATE OF CALI/F,IORNIA )
COUNTY OF )
On Q~ ~ ~~1~ b xe me, ~ /~Q,~2CZ ~• ~Q/1~0.~_ ,
Notary Public, personally appeared ~ / G?i%~`cZ ~.i ~ ,
who proved to me on the basis of satisfact vidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) 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.
S my hand and official seal.
SARA L. ESPINOSA~
Commission # 1622921
• Notary PubUC - CaiNornla
Signature of No ublic t~Aycom~m. i ~~9, 20~
(Seal)
WASOl 41740104v2 334166-00042
Exhibit A
Legal Description of Property
Dublin/Lin Family Development Agreement Page 1 of 1
For Wallis Ranch (Dublin Ranch West) -EXHIBIT A
16Q34-~0
~ f ~8/fit)
"GC
~~CT~IRaI'T "A„
L~ESiCI2IPTI~)l~ C)F ~i~IALLIS RAI~TCH,
DUBLIN RA~.NCH WEST
FOR PURPOSES OF THE DEVELOPMENT AGREEMENT
BEING ALL THAT CERTAIN PATiCEL AS CQNVEYET? Tt? <°I-iANG SU_O LTN AND RECORDED Oi~t T1-IE bTi~
DAY OF JANUARI', 1982 IN SERIES NUh-1BER 82-00175t~, t'~LAI~-1I?I)A COUNTY REC(3RDS SITUATE IN THE
COUNTY OI' ALAMEDA, STAT7/ OIL CA[.II~OI:NIA AND BEIhIC, ~10RE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT TItE 1v10ST SOUTHERLY C.CIRNIR OF SAID LANDS OF CHANG SU-O-LIN, AS SAID Ct~RN1<R
LS SHOWN ON .RECnPT3 OF SURVEY Nth. 1005, I`ILEll TN BOOK 16 OF RECORDS t~F SURVEY AT PAGES 37
THROUGiI 51, ALAMEDA COUNTY RECCaRL)S, rI'1-IL;NG.,C FROM SAID POINT CAP BEGII~iNING, ALONG THE
BOUNDARY OF SAID LANDS OF' CI-TANG; SU-{_) T,I:N .AS Sk3C)Wt~I t7N S:A1L7 RECORll OI~' SUIiUIY, 'I~HLi
FOLLOWING 42 COURSES:
7.. NORTH 24°35'44" WEST 7 h7.6t7 FEET,
2. NORTH 17°22'Q5" EAST F3.02 FEET;
3. NORTH 14°32'55" WEST 7..52.22 FEET;
4. NORTH 32°43'55"` WEST 59.41 FEET';
5. NORTH 87°51'S,a" t~VEST 23.96 FEET;
6. SOUTH 67°56'(75" 4VF~;T =I2:0~ FEET;
7. NORTH 75°(79'55" WEST 25.00 FEET';
8. NORTH 12°36'55" WES1" 49.5 FEET;
9. NORTH 09°54'05" EAST 189.30 FEET;
10. NORTH 21°51'05" EAST 51.29 FEET;
13. NORTH 02°48'05" EAST 97.28 FEET;
12. NORTH 16°37'55" WEST 185.58 FEET;
13. NORTH 39°26'55" WEST X00.73 FEET;
14. SOUTH 79°12'05" WEST' 79.66 FEET;
CIVIL ENGINEERING+tAN~ PLANNING+tAND S(IRVEYING
5'I 42 f rc~nklrr priv~a Suite 6; Pleacasariton. CA. 94588-3355
1925) 225-fKs40
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15. NOT~TH 71°?0'S5" WEST 39.03 EEET;
16. T'wiOTZTH 08°37'55° tNF.ST 55.=Ib T'F.ET;
17, NORTH 43°T~'05" EAST 38.(}7 FEET;
18. NORTH 79°1fi'05"` EAS'T' 104.05 FEET;
19: Nt~IZTH 30°44'05" F.~~T 30.12 EEET;
20; I~?OPTI I 02°28'05" EAST 57.05 FI ET;
21. N4I~'i'I-T 25°-d 1'55" Wl?ST' :117.97 FEET;
22. NC3R1`I 134°"'?'55" ti~'EST 75.6G FEI "T';
2`3. i~TOP~ I'H 1 i °-T9`5~" WEST 7.9.2$ FEET'
24. Iv(Ji:.'TH ~I°35'34" WEST 75.08 FEET;
25. NC~IiT'H 02°10'55" 6yE5T 92:~~I FEET;
26. NORTH 47°39'Oa" WEST 2,875.51 EEET
2?. Nt.)~TH 10°36`U7" EAST' X64.41 FI:I '1'
28. NtJT~T'H 73°51'42" EAST' 2,187.64 FEET;
'9. SOU'T`H 25°13'29" EAS'T' 381.25 EEET;
30. SCIUT'H 72°44'27" EAST 407.53 EEET;
31. St3UTH 89°50'47" EAST 51.9.0$ FEET;.
' 32. SOUTH 14°14'55" EAST 533.39 FEET;:
33. SOUTH 08°4".1.'05" 4VLST 462.05 FEET;
'~. SOUTH 30°01`20" EAST 297.69 FEET;
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\ \hSspl~Iaea\P>•ojects\"L6034-40\)e~als\EX-I-REORG~NIZATIC~Nwt-28-09.drzc
Page 2 of 3
1 b034-40
1/28/09
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~~HIEIT l,~t,
DESCT~.IPTIC)1`~T C7F WALLIS IZAI~T~H,
II)UELII`~ Rt~NCH SST
FOR PURPC7SES CJF TI~[E DE`TELC3PIVIEI~II' A+GIZIEEIVIElVT
35. SOUTH 68°20'02" EAST 798.20 FELT;
3(i. SOUTH 30°48'42" EAST 132.35 I'EE"I`
~~. sOU'rH o~°1:7'48" WEST ~ s5.4o ~L>J~r;
38. SOUTH 48°34'38" WEST 88(}.52 FEET.;
39. SOUTH 1 I°45' 21 " W ES'i' 218.44 FEET
40. THENCE ALONG A NON TANGENT CURVE TO THE LEFT'FR~h-t 6~VHICH THE RADIt~t: POINT BEAR5 SOUTH'..
64°45'06" EAST; ALt)1rIG' THI:. AI~'.C OF A I,CI'~3.00 FC?C7T RADIU{> CURVE, I-Ir1VING A CENTRAL ANGLl: O~~
21°50'38" AIv'~D AN AP.C LENGTH CJl 3LY3.~i,''~ FEET;
41. THF,NCE SOUTH 03°24'16" V'JEST 1771..49 FEET
42. 'THENC'E SOUTH 53°54'16" WEST 265.32 FEET TO T:EIE POINT tJF L7F,GINIVING.
CC7NTAINING 184.02 ACRES, MODE OR 1_,E~S
ASSESSOR'S PARCEL NUIviB$R 986-0004-005-05
PREP.>aitl:D 13Y~
ROIIEI'.T CHAN, L.S. 5412
(I::X I'.`,~9J 30/ 207. Q)
STA'3`E OF CALIFORNIA
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bt A2 Franklin give Suite B, Pleasanlvn, C:A. 4Q598-3355
(925j 225-Ot790
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Page 3 of 3
[i1-29-2169
map ma~Gh check for tt~e job Ienown as
Description a~ Development Agreement
also :known as
16'Q94-4a'
located in
W~11s Ranch - Dublin, Ca
~rf
Macl~~y Sumps Civil Engineers Inc.
1552 Eureka Road #1DCt
Roseville, CA. 95661
Phone: (91.6) 7i3-1189 - Fay: x(916) 773-2595
Hn~ unctar y
Bearing Di.:st~nce lforthinc~ Eating Inverse
. ~ 0 . 1300 0.000
N24°35' 44.Or~T~ 161. r`_~i~£7 iiia.933 -67,260 ~ 161.-.600
N17°22' S,0"E Ei3.020 2.L17,0E3~i -481.448' 21:,676
N14°32' S5.0'rtJ 152:.210 351. X114 -8'6, 683 364.860
32°43'S50rr~, 59.410 4'tJ4.390 -118.806 421.481
M8?°51'SS.~Ix'irT 23.96D' 465.203 -142.750 429.688
S67°56' S,0"iJ 42.080 3119.475 -181,748 429.794
PT75° 9'S'S.OrrT~ zs.ona s~5.~`6 -205.914 446.227
rr12°36'55.0"`w 99.58(# 44~3.2s~ -216,743 494,3x1
1d 9°54' S,. O'"F 189,3tFa 630.7x9 -18}1.192: 657:083
N21°5:1' S.0"E 51.2901.. x'70.344 -7.65.102'. 698...147
~ 2"48' S'.0""E 9?..2801 775.508 -160.348 ?91.911
PI16°37'5S.0.r~ 185.58:0 953.324 -213.965 976.930
A139°26' SS.>3"iJ 100.'730 1031. 107 -0:77.467 1067.787
S79°12' S.0"'iJ 79.6!
60 1D16.1Q2 -355.7.1? 1076.643
IM1I?~.°20" 55.{1rn~g r
39.0.1,:A0 102D. x64 -~92 .697 1.1011..0?~
N 8°37'SS.OrrW 55.~k6~1 10€73.496 -401.021 1155.32?
N43°18, :5,0rrE' 38.0370': 1.1.11.201 -3'74.91.1 1:172.743
N79°16" S.Of'E 104.050 1130.577 -2'72.6111 116Z.99f;
N30°44' S.0"$ 30.12;0 115t=~.467 -X57.237 1184.791
N ?°28' S.0°fE 57.05[1 1213.464 -254...831. 1239.933
NZ5°41'55,0"TAT 117.9`1'13 1.:315.?05 -305.137' 1354.77?.
1~I34°22 55.0r'td 75,560 13Es3.~:0i3 -348.713 1425.516
HT17°49' S5.0'r'~ 149.28.0 1524.;315 -394.426 1574,518
N44°35' 34.[1rrW ?5.080 1S 77.700 -447.. 137 1639.91.5
N 2°10'55.0"r Td 592.340 21.69.1391 -469.6~~9 2219.947
I+14^t°39' 3.0rrUt~ 2F75.51D 4106.7?OI --.2594.8.44 4857.657
I+710°~~' 7,0*~ 44,410 4s63.252 ~zso~.41'~>~ S2C37._721
8173°sl'42.O,trE 21~a'7.6:40 51.71.322 -4.:07.967 518"7.390
525°13'29.OrrE 381.250 482x..427 -'45.490 4832,6b6
S'~2 °44' 27.0"E 407'.830 4705. 41.6 143 .9'76 4707. 628
S89°50'47;0"`E 519.080 4701.035 663.054 4750.535
5.14°14'x5,0'"E 633,390 410?.u5s 794.3.3:8 4z 61.735
5 8°41' S.O:r"W 462.060 3730.291 724.568 380[1.D09
5.30° 1'20.0'TE 29?.690 3~1?2.SIi2 873.513: 3580.722
S68°20' Z.D'"E 196.100 3399.404 1057.617 35x0.12'7
530°48' plc .fl*'E 132.35[] 3285.734 112:5.409 34?3.125
S 1°17'48>0"'L1 185.400 3100.382 .1121.214 3296.891
548°34'38.0rr1~ 880.520 251?.821. 460.958 2559.669
S11°45'2'1.0"~i 218.440 2303.9x3. 416.4.52 2.341..298
Entering a nnn-tangent curare being
~ curve 1~reaking tQ the le~:t
S64°45' 6.0~'E 1033.000 1853.345 1350.767 23011..440`
Delta 21°50'38 ,0" Length = 393.823 Tangent = 11.335
1Y86°35'44.0rryT 1033.D00 1924.688 319.590 1951.0111
S 3°24'16.0"'B, 1771.490 156.324 214.392 2x5.333
x53 °54'16.D`xW °55.320 0'.0115 0.004 0.t~16
Area = 8015962,833 Square Feet- ar 184..022 h~re~.
1034-40 Page 2 of 3
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparagraph 5.3.1 -- Subsequent Discretionary Approvals
At Developer's sole discretion and in accordance with Developer's
construction schedule, Developer shall apply for such other permits and
approvals as may be required by other governmental orquasi-governmental
entities in connection with the development of, or the provision of services to, the
Project. City shall cooperate with Developer in its efforts to obtain such permits
and .approvals.
Subparagraph 5.3.2 -- Mitigation Conditions
,.
Subsection a. Infrastructure Sequencing Program
.The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. 07-01 of the City of Dublin .Planning
Commission approving Site Development Review for Wallis Ranch, Master
Vesting Tentative Tract Map 7515, and Neighborhood Vesting Tentative Tract
Maps 7711, 7712, 7713, 7714, 7715, and 7716 for Neighborhoods 1 through 6
for PA 05-051 (hereafter "SDR and VTM Resolution") shall be completed by
Developer to the satisfaction of the City Engineer at the times and in the manner
specified in the SDR and VTM Resolution unless otherwise provided below. All
such roadway improvements shall be constructed to the satisfaction and
requirements of City's City Engineer.
(ii) Sewer.
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water.
Dublin/Lin Family Development Agreement Page 1 of 6
For Wallis Ranch (Dublin Ranch West) -EXHIBIT B
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 conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval
(iv) Storm Drainage.
The storm drainage systems off-site, as well as on-site drainage
systems for the areas to be occupied, shall be improved consistent with the
tentative map conditions of approval and to the satisfaction and requirements of
the Dublin Public Works Department applying City's standards and policies which
are in force and effect at the time of issuance of the permit for the proposed
improvements.- Proper erosion control measures must be installed at
development sites within the City during construction, and all activities shall
adhere to Best Management Practices.
(v) Other Utilities (e.g. gas, electricity, cable televisions,
telephone)'
Construction shall. be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy for the Project.
Subsection b. Miscellaneous
(i) Completion May Be Deferred.
Notwithstanding the foregoing, the City Engineer may, in his or her
sole discretion and upon receipt of documentation in a form satisfactory to the
City Engineer that assures completion, allow Developer to defer completion of
discrete portions of any public improvements for the Project if the City Engineer
determines that to do so would not jeopardize the public health, safety or welfare.
Subparagraph 5.3.3 -- Phasing, Timing
(i) City and Developer expressly agree that there is no
requirement that Developer initiate or complete development of the Project or
any particular phase of the Project within any particular period of time, and City
Dublin/Lin Family Development Agreement Page 2 of 6
For Wallis Ranch (Dublin Ranch West) -EXHIBIT B
shall not impose such a requirement on any Project Approval. The parties
acknowledge that Developer cannot at this time predict when or the rate at which
or the order in which phases will be developed.. Such decisions depend upon
numerous factors which are not within the control of Developer, such as market
orientation and demand, interest rates, competition and other similar factors.
(ii) In light of the foregoing and except as set forth in
subsection (iii) below, the parties agree that Developer shall be able to develop in
accordance with Developer's own time schedule as such schedule may exist
from time to time, provided that such schedule is consistent with the Project
Approvals,and Developer shall determine which part of the Project Site to
develop first, and at Developer's chosen schedule. In particular, and not in
limitation of any of the foregoing, since the California Supreme Court held in
Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the
failure of the parties therein to consider and expressly provide for the timing of
development resulted in alater-adopted initiative restricting the timing of
development to prevail over such parties' agreement, it is the parties' desire to
avoid that result by acknowledging that Developer shall- have the right to develop
the Project in such. order and at such rate and at such times as Developer deems
appropriate within the exercise of its subjective business judgment.
(iii) Nothing in this Agreement shall exempt Developer from
completing work required by a subdivision improvement agreement, road
improvement agreement or similar agreement in accordance with the terms
thereof.
Subparagraph 5.3.4 -- Financing Plan
Developer will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements which qualify for credits as provided
in Subparagraph 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. Developer will enter into an "Area Wide. Facilities
Agreement" with the Dublin San Ramon Services District to pay for the cost of
extending such services to the Project. Such services shall be provided as set
forth in Subparagraph 5.3.2(a)(ii) and (iii) above.
Subparagraph 5.3.5 -- Fees, Dedications
Subsection a. Traffic Impact Fees.
Dublin/Lin Family Development Agreement Page 3 of 6
For Wallis Ranch (Dublin Ranch West) -EXHIBIT B
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 111-04, including any future amendments to such
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 it will pay eleven percent (11 %) of the
"Section 1" portion of the TIF in cash.
Developer also agrees that it will pay twenty-five percent (25%) of the
"Section 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
improvements, the Developer shall pay such reduced percentage of the "Section
2" portion of the TIF in cash.
Subsection b. Traffic Impact Fee to Reimburse Pleasanton for
Freeway Interchanges.
Developer shall pay the Eastern Dublin I-580 Interchange Fee in the
amounts and at the times set forth in Resolution No. 155-98 and by any
. subsequent resolution which revises such 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.
Subsection c. Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of Dublin
Resolution No. 214-02, including any future amendments to such 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 then-current
amount of the fee at time of building permit issuance.
Subsection d.
Noise Mitigation Fee.
Developer shall pay a Noise Mitigation Fee established. by City of Dublin.
Resolution No. 33-96, including any future amendments to such fee 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 fee
in effect at time of building permit issuance.
Subsection e. School Impact Fees.
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School impact fees shall be paid by Developer in accordance with
Government Code section 53080 and the agreement between Developer's
predecessor in interest and the Dublin Unified School District regarding payment
of school mitigation fees,
Subsection f. fire Facilities Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any future amendments to such 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 fee
in effect at time of building permit issuance.
Subsection q. 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 amount of the.
impact fee in effect at time of building permit issuance.
Subparagraph 5.3.6 -- Credit
Subsection a. Traffic Impact Fee Improvements -- Credit
City shall provide a credit to Developer for those improvements described
in the resolution establishing the Eastern Dublin Traffic Impact Fee if such
improvements are constructed by the Developer in their ultimate location. All
aspects of the credit shall be covered by City's Administrative Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No. 20-07 ("TIF Guidelines").
Subsection b. Traffic Impact Fee Right-of-Way Dedications --
Credit
City shall provide a credit to Developer for any TIF area right-of-way to be
dedicated by Developer to City which is required for improvements which are
described in the resolution establishing the Eastern Dublin Traffic Impact Fee..
All aspects of the credits shall be governed by the TIF Guidelines.
Subsection c. Public Facility Fee -Neighborhood Parkland
Component
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City shall provide a credit to Developer for any neighborhood parkland to
be dedicated by the Developer which exceeds the amount required under
Chapter 9.28 of the Dublin .Municipal Code. Such credits shall be expressed in
acres of parkland. All aspects. of the credits shall be governed by the City's
Public Facilities Fees Administrative Guidelines (Resolution No. 195-99)
Subparagraph 5.3.7 -- Miscellaneous
(i) Term of Site Development Review Approval.
Notwithstanding anything to the contrary in the City's Zoning
Ordinance and section 10 of this Agreement, the term of the Site Development
Review approval granted by the City of Dublin Planning Commission Resolution
No. 07-01, and any subsequent revision to it, shallautomatically be extended for
the term of this Agreement.
(ii) Antone School Building.
Developer agrees to relocate and restore the Antone School
Building to the Community Green (Parcel 17 of Tract 7515) or such other location
as may be approved by the Community Development Director. In the event the
structure is damaged during relocation making it impracticable to restore the
structure, as determined by the Community Development Director and Building
Official, Developer shall, propose and. construct a replacement structure, the
exterior design of which shall resemble the Antone School Building and shall be
subject to the approval of the Community Development Director.
1138143.1
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