HomeMy WebLinkAboutReso 85-09 Positano Afford House AgmtRESOLUTION NO. 85- 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT N0.3 TO THE AFFORDABLE HOUSING AGREEMENT FOR
FIRST PHASE (416 UNITS) OF POSITANO TO MODIFY THE UNIT MIX AND INCOME
AFFORDABILITY LEVEL OF THE INCLUSIONARY UNITS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AMENDMENT
(PA OS-038 AND PA 07-005)
WHEREAS, Dublin RE Investors, LLC (the Developer) is the owner of two parcels of land within
Fallon Village which together are known as Positano and consists of 1,043 residential units; and
WHEREAS, an Affordable Housing Agreement is required by the Inclusionary Zoning
Regulations of City of Dublin Zoning Ordinance (Chapter 8.68); and
WHEREAS, the Developer has proposed a comprehensive affordable housing proposal to address
the requirements of the Inclusionary Zoning Ordinance for the entire Positano development and said
proposal includes alternative methods of compliance with the Inclusionary Zoning Regulations; and
WHEREAS, the City Council held a public meeting on October 18, 2005, to review the affordable
housing proposal, and the City Council directed Staff to work with the Developer to refine the affordable
housing proposal; and
WHEREAS, the City and the Developer subsequently entered into an Affordable Housing
Agreement for the Construction of Inclusionary Units in the First Phase of the Positano development,
dated June 5, 2007 ("the First Phase Agreement") and Amended on June 17, 2008 and November 4, 2008,
wherein the Developer agreed to construct a total of 52 affordable units (18 single-family detached homes
and 34 secondary units); and
WHEREAS, the Agreement specifies the level of affordability (moderate-income, low-income,
and very low-income units are proposed), the location of the required detached and secondary units, and
the phases of the Project within which the affordable units must be completed; and
WHEREAS, the City and Developer are parties to a subsequent Affordable Housing Agreement
to satisfy the affordable housing obligation for future phases of Positano; and
WHEREAS, Braddock and Logan, on behalf of Dublin RE Investors, LLC (the Developer) has
requested an amendment to the First Phase Agreement to (a) eliminate seven of the single-family detached
homes and replace them with secondary units affordable to very-low income households and (b) alter the
timing of the construction and the affordability of the various affordable units; and
WHEREAS, the Project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA); and
Page 1 of 2
WHEREAS, a Staff Report dated June 16, 2009, and incorporated herein by reference, described
and analyzed the proposed amendment to the Affordable Housing Agreement; and
WHEREAS, the City Council did use its independent judgment and consider all said reports,
recommendations and testimony.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve Amendment No. 3 to the Affordable Housing Agreement for the First Phase (416 units) of
Positano to provide: eleven single-family detached homes (1 low income unit and 10 moderate income
units); eight 1-bedroom secondary units (7 low income units and 1 very-low income unit); and thirty-three
studio secondary units (33 very-low income units) as described in Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute
Amendment No. 3 to the Affordable Housing Agreement included as Exhibit A.
PASSED, APPROVED AND ADOPTED this 16th day of June 2009, by the following vote:
AYES: Councilmembers, Biddle, Hildenbrand, Scholz, and Mayor Sbranti
NOES: Councilmember Hart
ABSENT: None
ABSTAIN: None
~^^-
Mayor
ATTEST: ~,
L~~ ~
~~vT~ City Clerk
Reso No. 85-09, Adopted 6-16-09, Item 7.5 Page 2 Of 2
AMENDMENT N0.3 TO AFFORDABLE HOUSING AGREEMENT
FOR THE CONSTRUCTION OF INCLUSIONARY UNITS AND PAYMENT OF FEES
IN LIEU OF CONSTRUCTING INCLUSIONARY HOUSING UNITS
Dublin RE Investors, a California limited liability company.
First Phase (416 Residential Lots) of the Fallon Village Project
THIS AMENDMENT N0.3 TO AFFORDABLE HOUSING AGREEMENT is
hereby entered into this 16th day of June, 2009 by and between the City of Dublin ("the City")
and Dublin RE Investors, LLC, a California limited liability company and Braddock & Logan
Group II, L.P., a California limited partnership (collectively, "the Developer").
Recitals
1. City and Dublin RE Investors are parties to an Affordable Housing Agreement for the
Construction of Inclusionary Units and Payment of Fees In Lieu of Constructing Inclusionary
Housing Units, dated June 5, 2007, as amended by the First Amendment to said agreement, dated
June 17, 2008, and by the Amendment No. 2 to said agreement, dated November 4, 2008 ("the
Agreement"), which agreement sets forth an alternate method of the Developer's compliance
with the Inclusionary Zoning Regulations contained in Chapter 8.68 of the Dublin Municipal
Code ("the Regulations") for the first 416 of the 1043 residential lots (the "Project"). Dublin
RE Investors has conveyed some of the residential units subject to this Agreement to Braddock
& Logan Group II, L.P., which has become a party to this Agreement.
2. 'The Agreement refers to the initial 247 residential units in the Project as "Part One of
the Expanded First Phase." The Agreement, as previously amended, provides that Developer
will satisfy its 31-inclusionary unit obligation in Part One of the Expanded First Phase (a) by
constructing (i) 9 integrated inclusionary units (single-family homes) on 3,200 square foot lots,
which would be affordable in perpetuity, rather than for 55 years as the Regulations require ("the
Integrated Units"), and (ii) 17 1-bedroom, secondary dwelling units, which would be rental units
and affordable in perpetuity, rather than for 55 years as the Regulations require ("the Second
Units"); (b) paying fees in lieu of construction for the remaining 5 unit obligation; (c) making a
community benefit payment prior to issuance of each building permit equal to $958.77 (which
amount is calculated based on the proposed $1,000,000 contribution divided by the 1,043 units
proposed in the Project); (d) including rear yard landscaping and energy efficiency measures to
reduce the homeowners' cost of living in the 9 integrated inclusionary units; and (e)
incorporating green building principles into the 26 inclusionary units.
3. The Agreement, as previously amended, requires the income levels of the 26
inclusionary units in Part One of the Expanded First Phase to be as follows: 8 very low-income
units (8 1-bedroom Secondary Units); 12 low-income units (3 four-bedroom Integrated Units,
and 9one-bedroom Secondary Units); and 6moderate-income units (6 four-bedroom Integrated
Units).
4. Developer, following fiu-ther discussions with City staff, has proposed to increase the
number of inclusionary units to be constructed in Part One of the Expanded First Phase by five
Amendment No. 3 Affordable Housing Agreement
First Phase ofPositano Project
EXHIBIT A TO Tune 16.2009
ATTACHMENT 7
units thereby eliminating the payment of in-lieu fees for the First Phase, to reduce the number of
inclusionary units in Part Two of the Expanded First Phase by five units, and to change the
inclusionary unit mix of the 31 units in Part One of the Expanded First Phase by (a) eliminating
(i) two low-income integrated units; (ii} two low-income second units; and (iii) five moderate-
income integrated units, (b) increasing the number of very low-income secondary units by 14
(which includes the five additional inclusionary units), and (c) changing the size of 21 of the
very low-income, secondary units from 1 bedrooms to studios.
5. Accordingly, Developer has proposed to satisfy its 52-unit inclusionary unit
obligation for the Expanded First Phase by:
a. Constructing a total of 3I inclusionary units in Part One of the Expanded First
Phase as follows: (i) 2 integrated inclusionary units (1 moderate-income unit and llow-income
unit), which would be affordable in perpetuity, rather than for 55 years as the Regulations require
("the Integrated Units"), (ii) 71ow-income, 1 bedroom secondary units and 22 very low-income,
secondary dwelling units (21 studios and 1 1-bedroom), which would be rental units and
affordable in perpetuity, rather than for 55 years as the Regulations require ("the Second Units");
b. Constructing a total of 21 inclusionary units in Part Two of the Expanded First
Phase as follows: (i) 9moderate-income, integrated inclusionary units, which would be
affordable in perpetuity, rather Haan for 55 years as the Regulations require ("the Integrated
Units"), (ii) 12 1-bedroom, very low-income secondary dwelling units, which would be rental
units and affordable in perpetuity, rather than for 55 years as the Regulations require ("the
Second Units");
c. ~ Making a community benefit payment prior to issuance of each building
permit equal to $958.77 (which amount is calculated based on the proposed $1,000,000
contribution divided by the 1,043 units proposed in the Project);
d. Including rear yard landscaping and energy efficiency measures to reduce the
homeowners' cost of living in the Integrated Units; and
e. Incorporating green building principles into the inclusionary units, by
obtaining 52 points for unit on the "Single Family GreenPoint Checklist, which exceeds the
City's 50-point requirement under the Green Building Ordinance:
6. The City is agreeable to the amendment.proposed by the Developer, and the City
Council hereby finds that the alternate method of complying with the Regulations for the 416-
unit Expanded First Phase meets the purposes of the Regulations.
NOW, THEREFORE, Developer and City for themselves and their respective
successors and assigns hereby agree as follows:
Section 1. Amendment of Section 3 of the Agreement. Section 3 of the Agreement is
amended to read as follows:
Amendment No. 3 Affordable Housing Agreement
First Phase of Positano Project
June 16.2009
" 3. Developer's Compliance with Affordable HousingObli ag tion. Developer
intends to complete the Project in multiple phases. Section 8.68.030 of the Regulations
requires that all affordable units in a project be constructed concurrently with a project or
phase of a proj ect. The City hereby finds that adherence to the following schedule of
construction for the Inclusionary Units would constitute construction of the Inclusivnary
Units concurrently with the market rate units in the Project as required by Section
8.68.030 of the Regulations.
a. Part One of Expanded First Phase (Initial 247 Residential
Parcels). Developer has identified a 247-lot portion of the Project, which is depicted in
Exhibit 2, that is referred to herein as "Part One of the Expanded First Phase."
Developer will satisfy its Affordable Housing Obligation for Part One of the Expanded
First Phase by (a) constructing 31 Inclusionary Units (one (1) 1-bedroom, very low-
income, Second Unit; seven (7) 1-bedroom, low-income Second Units; twenty-one (21}
studio, very low-income Second Units; one (1) 4-bedroom, low-income Integrated Unit;
and one (1) 4-bedroom, moderate-income Integrated Unit; (b) making a $958.77 .
community benefit payment prior to issuance of each building permit in Part One of the
First Phase as provided in Section 5 of the Agreement. Exhibit 3 shows, in two separate
diagrams, the location and type of the lnclusionary Units to be constructed within Part
One of the Expanded First Phase. The City finds that the preliminary construction
schedule attached hereto as Exhibit 4, which shows the completion of the 31
Inclusionary Units along with 216 market rate units, constitutes construction of the
Inclusionary Units concurrently with the market rate units as required by Section
8.68.030 of the Regulations.
b. Part Two of Expanded First Phase (Subsequent 169 Residential
Parcels). Developer has identified a 169-lot portion of the Project, which is depicted in
Exhibit 2, that is referred to herein as the "Part Two of the Expanded First Phase." Prior
to development on, and approval of subsequent final maps that include, Part Two of the
Expanded First Phase, Developer shall have received the approval of the Community
Development Director of (a) a Diagram of Location of Additional Inclusionary Units in
the Expanded First Phase of the Project, in a form similar to Exhibit 3 attached hereto
("the Subsequent Location Diagram") and (b) a preliminary construction schedule for the
subsequent phase of the Project ("the Subsequent Construction Schedule"), in a form
similar to Exhibit 4 attached hereto. Upon the Community Development Director's
approval, the Subsequent Location Diagram and the Subsequent Construction Schedule
shall be added to, respectively, Exhibit 3 and Exhibit 4 to this Agreement with respect to
the Integrated Units to be constructed in connection with Part Two of the Expanded First
Phase. In approving the revised Exhibits 3 and 4, the Community Development Director
shall find (a) that the revised Exhibit 3 shows 12 additional very low-income, Second
Units and 9 additional moderate-income, Integrated Units; (b} that adherence to the
revised Location Diagram and the revised Construction Schedule would constitute
construction of 21 additional Inclusionary Units concurrently with Part Two of the
Expanded First Phase and (c) that the 21 Inclusionary Units are "reasonably dispersed"
throughout the Expanded First Phase, as required by Section 8.68.030.E of the
Regulations. Developer hereby agrees that it will not assert the provisions of
Government Code section 66458 to require the City to approve additional phased final
Amendment No. 3 Affordable Housing Agreement
First Phase ofPositano Project
June 16.2009
maps (beyond those for the creation of the 416 residential parcels in the Expanded First
Phase) until such time as it has satisfied the requirements of this Subsection.
c. If the Building Official or Con~rnunity Development Director
determines that the Inclusionary Units have not been or are not being constructed
concurrently with the market-rate units as required by this Section 3, the Building
Official shall withhold further issuance of building permits in Part Two of the Expanded
First Phase until construction of the Inclusionary Units in the phase has been completed
to the satisfaction of the Community Development Director. Notwithstanding the
foregoing, Developer shall be permitted to deviate from the preliminary construction
schedule in Exhibit 4, provided that Community Development Director finds that the
Inclusionary Units are constructed concurrently with the market rate units as required by
Section 8.68.030 of the Regulations.
Section 2. Amendment of Section S of the Agreement. Section 5 of the Agreement is
amended to read as follows:
"5. Community Benefit Payment. Developer hereby agrees to make a
$958.77 community benefit payment prior to issuance of the building permit for each
residential unit in the Expanded First Phase, excepting Secondary Units. The community
benefit payment required by this Section shall be in addition to the $2,396.93 community
benefit payment required by the Development Agreement for the Fallon Village Project
between Developer and the City, dated December 20, 2006."
Section 3. Amendment of Subsection b.D of the Agreement. Subsection 6.D of the
Agreement is amended to read as follows:
"D. Green Building Principles. Construction of the Integrated Units
and Secondary Units shall incorporate Green Building Principles by obtaining 52 points
on the Single Family GreenPoint Checklist," attached hereto as Exhibit 5."
Section 4. Amendment of Section 7 of the Agreement. Section 7 of the Agreement is
amended to read as follows:
"7. Unit Bedrooms and Size. The size of the Inclusionary Units shall be
consistent with the Site Development Review approval of the Planning Commission,
provided however, that minor changes to unit size maybe approved by the Community
Development Director through a Site Development Review Waiver. The Developer
proposes to provide in Part One of the Expanded First Phase:
A. 29 very low-income units (8 1-bedroom Secondary Units and 21
studio Secondary Units);
B. llow-income, four-bedroom, Integrated Unit ;and
C. lmoderate-income, four-bedroom Integrated Unit.
Amendment No. 3 Affordable Housing Agreement
First Phase of Positano Project
June 16.2009
The developer proposes to provide in Part Two of the Expanded First Phase:
A. 12 very low-income units (12 1-bedroom Secondary Units);
B. 9moderate-income, Integrated Units.
The City hereby finds that, while this bxeakdown does not reflect the range of numbers of
bedrooms provided in the Expanded First Phase as a whole, as required by Section
8.68.030.E of the Regulations, the Developer's alternate method of compliance meets the
purposes of the Regulations."
Section 5. Revised Memorandum ofAgreement to Be Recorded. Developer and City
shall execute and acknowledge a revised Memorandum of this Agreement ("Memorandum")
substantially in the form attached hereto as Exhibit C, and City shall cause the Memorandum to
be recorded in the Official Records of Alameda County upon its execution. This Memorandum
shall supersede and replace the Memorandum referenced in the Original Agreement.
Section 6. Amendment of Exhibit 3 and Exhibit 4. Exhibit 3 and Exhibit 4 of the
Agreement are hereby replaced with Exhibit A and Exhibit B to this Agreement.
Section 7. All other provisions of the Agreement shall remain in effect.
IN WITNESS ~VI~REOF, the parties hereto have caused this Agreement to be executed
as of the date and year first above written.
CITY OF DUBLIN
By:
Joni Pattillo, City Manager
DUBLIN RE INVESTORS, LLC
a California limited liability company
By: Braddock and Logan Services, Inc.
a California corporation
Its Manager
Attest:
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
Y=
Name: E F F I.~.R~ ~ ALL
BRADDOCK & LOGAN GROUP II, L.P.
A California limited partnership
By: Braddock and Logan Services, Inc.
a California corporation
Its General Partner
Amendment No. 3 Affordable Housing Agreement
First Phase of Positano Project
June 16. 2009
Name: EF ~ i_-A ~ R-~ ~
v i~C P2~s~ o ~~;
1228984.3
Amendment No. 3 Affordable Housing Agreement
First Phase of Positano Project
June 16. 2009
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEN4
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State of California
County of Contra Costa
On ~ ~ before me,
Date
personally appeared ~ ~ F
NANCY E. EMBREY
Comtnlasbn ~ 1578043
-s Notary PubNc - CoNfomla
Conha Coale Courtly
lNf/ Comm. Explrea Jun 8, 2009
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OPTIOIIlAL
Though the information below is not required bylaw, 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:
r_n, n ~ n_ _,~
WITNESS my hand and official seal.
Signature a- ~ ' `~" ' -~
Plaee Ndary Seal Above aWra of Nolary Public
Nancy E. Embrey, Notary Public
Top of thumb here
who proved to me on the basis of satisfactory evidence to
be the person) whose name(th~~e subscribed to the
within instrument and acknowledged to me that
tQVsl~a~t+~eq executed the same ink/Ieir authorized
capacity(ttt'.5), and that by ~herfttfCfi- signature( on the
instrument the person(`, or the entity upon behalf of
which the person( acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
,~
Number of Pages:
Signer's Name:
^ Individual
^ Corporate Officer -Title(s): _
^ Partner - ^ Limited ^ General
^ Attorney in Fact
O Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
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EXHIBIT A
Revised Exhibit 3 to the Agreement
["Diagram of Location of Inclusionary Units in the First Phase of the Project")
° ~ LEGEND
° ® Moderate Income - 1 unit
P
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72
' Plen t . /bedroom BMR Unit
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Ply 3 -Secondary Unit (I bedroom?
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.
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,
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' Plm 3 - Seoondery Unit (I bedroom)
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S~P 62 ~
61 30 ' p All lots without above
60' ~ • .' S1 ® symbols aze mazket-rate.
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~ositano
DUBLIN, CALIFORNIA
SITE
DEVELOPMENC
REVIEW
INCLUSIONARY
HOUSING
EXHIBIT
Rer. June 4, 2009
o• sa 100' zoo
i~Al~ikllri
SHBET NUMBER
03
79779-0
,S'al rno II
at ~'ositanv
DUBLIN, CALIFORNIA
SITE DEVELOPMENT PLAN
FOR SECONDARY
AFFORDABLE UN1TS
Apri12009
V~
o• loa 200' Boa
~1kl~1
SH2RT NUMBER
19319-0
EXHIBIT B
Revised Exhibit 4 to the Agreement
["Preliminary Construction Schedule"]
Positano First Phase Preliminary Construction Schedule
Amendment #3
PHASE ONE
Income Level Moderate Low Ye Low Sub-Total BMR Market Total
Market Rate • Neighborhood A 30 30
Market Rate -Nei hborhood B 26 26
4 Bedroom BMR 1 1 0 2 2
Seconda Unit -1 bedroom 0 7 1 8 8
Seconda Unit -Studio 0 0 0 0 0
Total 1 8 1 10 56 66
Percanta a of Phase Units 2% 12% 2% 15% 85% 100%
PHASE TWO
Income Level Moderate Low Ve Low Sub-Total BMR Market. Total
Market Rate - Neighborhood A 20 20
Market Rate -Nei hborhood B 64 64
4 Bedroom BMR 0 0 0 0 0
Seconda Unit -1 bedroom 0 0 0 0 0
Seconda Unit -Studio 0 0 0 0 0
Total 0 0 0 0 84 84
Percanta a of Phase Units 0% 0% 0% 0% 100% 100%
PHASE THREE
Income Level Moderate Low Ve Low Sub-Total BMR Market Total
Market Rate - Neighborhood A 20 20
Market Rate -Nei hborhood B 85 85
Cumulative Affordable
Cumulative Total Units as °h of
Total Lots Affordable Total Lots
Units
58 10 17.2%
Cumulative Affordable
Cumulative Total Units as % of
Total Lots Affordable Total Lots
Units
142 10 7.0%
Cumulative Affordable
Cumulative Total Units as % of
Total Lots AffoMable Total Lots
Units
247 31 12.6%
Bedroom BMR 0 0 0 0 0
Seconds Unit -1 bedroom 0 0 0 0 0
Seconds Unit-Studio 0 0 21 21 21
Total 0 0 0 21 105 126
Percanta a of Phase Units 0% 0% 0% 0% 83% 83%
EXHIBIT C
Revised Memorandum of Agreement
for the Construction of Inclusionary Units
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT
FOR THE CONSTRUCTION OF INCLUSIONARY UNITS AND PAYMENT OF FEES
IN LIEU OF CONSTRUCTING INCLUSIONARY HOUSING UNITS
Dublin RE Investors, a California limited liability company.
First Phase (416 Residential Lots) of the Fallon Village Project
This Memorandum of Affordable Housing Agreement for the Construction of
Inclusionary Units and the Payment of Fees In-Lieu of Constructing Inclusionary Units (this
"Memorandum") is entered into on this 16th day of June, 2009, by and between the City of
Dublin, a municipal corporation (hereafter "City") and Dublin RE Investors, LLC, a California
limited liability company, and Braddock & Logan Group II, L.P., a California limited partnership
(collectively, "the Developer").
1. .Pursuant to the Affordable Housing Agreement for the Construction of
Inclusionary Units and Payment of Fees In Lieu of Constructing Inclusionary Housing Units,
dated as of June S, 2007, and as amended on June 17, 2008, on November 4, 2008, and on June
16, 2009, by and between City and Developer (the "Agreement"), the Parties have set forth their
respective obligations with respect to the provision of affordable units on lands presently owned
by Developer, a portion of the 1043 residential parcel Positano Project (the "Project") ,and more
specif tally described in Exhibit A (the "Property"), These obligations run with the land.
2.. The Agreement sets out the specific obligations for the construction of
Inclusionary Units and payment of fees in lieu thereof in conjunction with the initia1416-
residential parcel phase of the development of the Project ("the Expanded First Phase"). It also
obligates the Developer to make a Community Benefit Payment, as described in the Agreement,
prior to issuance of building permits for each residential unit (excepting Second Units) within the
Expanded First Phase. Development on, and the City's approval of subsequent final maps that
include, any portion of the Property beyond the Expanded First Phase shall require either an
amendment to this Agreement or a subsequent affordable housing agreement ("the Subsequent
Agreement") setting forth the manner in which the Regulations will be complied with for the
remainder of the Project. The Agreement also contains the Developer's covenant, on behalf of
itself, and its successors and assigns, that it will not assert the provisions of Government Code
section 66458 to require the City to approve additional phased final maps (beyond those for the
creation of the 416 residential parcels in the Expanded First Phase) until such time as it has
entered into the Subsequent Agreement.
3. Developer and City have executed and recorded this instrument to give notice of
the Agreement, and the respective rights and obligations of Developer and City. The
unrecorded Affordable Housing Agreement for the Construction of Inclusionary Units and
Payment of Fees in Lieu of Constructing Inclusionary Housing Units is incorporated by
reference in its entirety in this Memorandum.
4. This Memorandum shall bind and inure to the benefit of the parties and their
respective heirs, successors and assigns, subject.however to restrictions set forth in the
Agreement regarding assignment.
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:
Joni Pattillo, City Manager
DUBLIN RE INVESTORS, LLC
a California limited liability company
By: Braddock and Logan Services, Inc.
a California corporation
Its Manager
Attest:
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
Name: '~ ~' F ~. P.,.1 R ~~ ~-C
s: J~cG ?2Es ~ ~~~~
BRADDOCK & LOGAN GROUP II, L.P.
A California limited partnership
By: Braddock and Logan Services, Inc.
a California corporation
Its General Partner
ame: REF G t~qu~a2.E,Jc..E
Its: V~~-E P~~si oE~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
--~ ~~~~.~rcter~cs~ie~ .~.~r.~c.~.~cct.~e,~~r~.€r.,~.z~,r ~.c'~.c- K-,ir.~
State of California
County of
Contra Costa
On ~ ~ ~ / before me, Nancy E. Embrey, Notary Public
Date Here Insarfl Name and Tllle of the Officer
personally appeared ~ ~F ~ ~f'7 l~ K. ~ ~ ~ G
Namels) d Signer(s)
WAiWCy E. EMBREY
Commtsston ~ 1 S7a043
-„ Notary Pt~llc - CaYfomla
Contra Cootd County
t+M comm. texptres .)un a, 2009
who proved to me on the basis of satisfactory evidence to
be the person`(~j,whose name'(~subscribed to the
thin instrument and acknowledged to me chat
~y executed the same i is 'authorized
capacity(~S), and that by is ignaturelly~j~ on the
instrument the person~;j, or the entity upon behalf of
which the person) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature.-. ~'
Place Notary Seal Above hxe of Notary Pubfic
OPTIONAL
Though the in/ormation below is not required bylaw, if may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this lorm to another document. ,,/~
Description of Attached Document ~/) $~ A- ~' '~as1.Q~-rte ~ , S~~
Title or Type of Document:
Document Date: (o ~ ~ ~o ~ ~
Signer(s) Other Than Named Above:
Number of Pages:
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:
Is Rep
Signer's Name:
^ Individual
U Corporate Officer -Title(s):
^ Partner - ^ Limited ^ General _ _
^ Attorney in Fact
^ Trustee Top al thumb here
^ Guardian or Conservator
^ Other:
Signer Is Representing:
~I
02007 National Ndary Association-9350 De Solo Ave.. P.O Box 2402 •Chalsv~orth, CA 91313-2402 • vnvw.NatlorwlNotaryorg Item 115907 Reortfer: Catl TdFFree 1.500-57f>fi527