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HomeMy WebLinkAboutReso 137-09 Dev Agmt Annual ReviewRESOLUTION NO. 137- 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPT RESOLUTION FINDING THAT THE FOLLOWING DEVELOPERS HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND PROVISIONS OF THE FOLLOWING DEVELOPMENT AGREEMENTS: DUBLIN RANCH AREA A-H; DUBLIN RANCH SUPPLIMENTAL DA, AREAS F, G AND H; AMB/LEGACY PARTNERS, WEST DUBLIN TRANSIT VILLAGE; STOCKBRIDGE/BHV (FORMERLY IKEA); AVALON BAY, TRANSIT CENTER SITE B; QUARRY LANE SCHOOL; PULTE, DUBLIN RANCH AREA F; DUBLIN RE INVESTORS, LLC, FALCON VILLAGE; SORRENTO, DUBLIN RANCH AREA F WEST; WESTERN PACIFIC HOUSING, TRANSIT CENTER SITE E-1; TRANSIT CENTER, MASTER DA; LOWE'S; STANDARD PACIFIC, DUBLIN RANCH F-1; GATEWAY MEDICAL GROUP/TRIAD; SORRENTO EAST/SR STRUCTURED LOT OPTIONS; GRAFTON STATION; AND DUBLIN RANCH AMENDMENT TO THE MASTER AGREEMENT; AND CONCLUDE THE ANNUAL REVIEW PERIOD FOR 2009 FOR THE DEVELOPMENT AGREEMENTS THAT ARE IN COMPLIANCE WHEREAS, the annual review of the Development Agreements is required by State law and Chapter 8.56 of the City's Municipal Code; and WHEREAS, during the review period, occurring in July of each year, the City Council has the opportunity to review the compliance of the parties of the Agreement and either determine the parties are in compliance and conclude the review or, if the City Council determines that parties have not complied in good faith, the City Council may set the item for a public hearing and modify or terminate the Agreement; and WHEREAS, the burden of demonstrating good faith compliance with the agreement is on the developer; and WHEREAS, the appropriate City Departments have reviewed the following eighteen (18} Development Agreements and comments were returned to the Community Development Director: Dublin Ranch Area A-H; Dublin Ranch Supplemental DA, Areas F, G and H; AMB/Legacy Partners; Stockbridge/BHV (formerly IKEA); Avalon Bay, Transit Center Site 8; Quarry Lane School; Pulte, Dublin Ranch Area F; Dublin RE Investors, LLC, Fallon Village; Sorrento, Dublin Ranch Area F West; Western Pacific Housing, Transit Center Site E-1; Pfeiffer Ranch Investors, Silvera Ranch; Transit Center, Master DA; Lowe's; Standard Pacific, Dublin Ranch F-1; Gateway Medical Group/Triad; Sorrento East/SR Structured Lot Options; Grafton Station; and Dublin Ranch Amendment to the Master Agreement; and WHEREAS, one development, Pfeiffer Ranch Investors, Silvera Ranch, requires further Staff review before full compliance can be determined. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has concluded the review period and determined that seventeen of the eighteen developers, with Pfeiffer Ranch Investors, Silvera Ranch being the exception due to necessary further review, are proceeding in good faith with the terms of the Development Agreements. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 6th day of October, 2009, by the following vote AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None AT ST: City Clerk ~^-- ~~ . Mayor Reso No. 137-09, Adopted 10-6-09, Item 4.3 Page 2 of 2