HomeMy WebLinkAboutOrd 08-10 Sorrento East Dub Rch Area FORDINANCE NO. 8 -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR
PA 08-002 SORRENTO EAST AT DUBLIN RANCH (DUBLIN RANCH AREA F EAST)
BETWEEN THE CITY OF DUBLIN AND SR STRUCTURED LOT OPTIONS 1, LLC
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed project known as Sorrento East at Dublin Ranch (Dublin Ranch
Area F East) is located within the boundaries of the Eastern Dublin Specific Plan, and was
included in a group of amended approvals for Planned Development under PA 08-002.
B. Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines
Section 15168, the Developer's 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 City Council by Resolution No. 51-93, the Addenda dated May 4, 1993 and August 22,
1994 (hereafter "Eastern Dublin EIR" or "program EIR") (SCH91103064), incorporated herein by
reference. The program EIR was integral to the planning process and examined the direct and
indirect effects, cumulative impacts, broad policy alternatives, and area wide mitigation
measures for developing Eastern Dublin. In 2000, the City Council adopted a Mitigated
Negative Declaration for development of Area F(Resolution 34-00, incorporated herein by
reference). In connection with project PA 01-037 for Dublin Ranch Area F, the City Council
adopted an Addendum (Resolution No. 43-04) that is available for review in the planning
department and is incorporated herein by reference. In connection with project PA 04-042
Sorrento at Dublin Ranch Area F West and Area F East and consistent with CEQA and the
CEQA Guidelines, the City made a determination that the project was adequately addressed
and would cause no environmental impacts beyond those previously identified and addressed.
In connection with project PA 08-002 for Sorrento East, the City Council adopted an Addendum
to the prior EDEIR and MND (Resolution No.46-10) that is available for public review in the
planning department and is incorporated herein by reference. All adopted EDEIR and MND
mitigation measures continue to apply to the project area; and
C. A Development Agreement between the City of Dublin and Regent Land
Investment LLC, a Delaware limited liability corporation ("Developer") for Sorrento East was
approved on October 2, 2007. An amended Development Agreement has been presented to
the City Council attached hereto as Exhibit A.
D. A public hearing on the proposed amended Development Agreement was held
before the Planning Commission on March 9, 2010, for which public notice was given as
provided by law.
E. The Planning Commission has made its recommendation to the City Council for
approval of the Development Agreement (Resolution 10-10, incorporated herein by reference).
Page 1 of 3
F. A public hearing on the proposed Development Agreement was held before the
City Council on May 4, 2010, for which public notice was given as provided by law.
G. The City Council has considered the recommendation of the Planning Commission
who considered the item at their March 9, 2010 meeting, including the Planning Commission's
reasons for its recommendation, the Addendum and prior EIR and MND, Agenda Statement, all
comments received in writing and all testimony received at the public hearing.
Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of: (a) the foregoing Recitals which are incorporated herein; (b)
the City of Dublin's General Plan; (c) the Eastern Dublin General Plan Amendment; (d) the
Specific Plan; (e) the prior EIR and MND; (fl the Addendums; and (g) the Staff Report, 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 and
Neighborhood Park, and the proposed project is 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 vesting of development rights and similar provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use districts in which the real property is located in that the
project approvals include amendments to approved Stage 1 Development Plan, Stage 2
Development Plan, Site Development Review and Vesting Tentative Maps.
3. The Development Agreement is in conformity with public convenience; general
welfare and land use policies in that the Developer's project will implement land use guidelines
set forth in the Specific Plan and the General Plan which have planned for Medium Density
Residential and Neighborhood Park uses at this location.
4. The Development Agreement will not be detrimental to the health, safety and
general welfare in that the Developer's 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 amended Development Agreement (Exhibit A to
the Ordinance) and authorizes the Mayor to execute it.
Page 2 of 3
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the
City Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of
its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED, AND ADOPTED this 4T" day of May, 2010 by the following vote:
AYES: Councilmembers Biddle, Hart, Scholz, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hildenbrand
ABSTAIN: None
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Mayor
ATTEST:
,s,i
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City Clerk
Ord No. 8-10, Adopted 5-4-10, Item 4.2 Page 3 of 3
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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 a6ove fhis line !or Recorder's use
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AN D
SR STRUCTURED LOT OPTIONS I, LLC
FOR SORRENTO EAST AT DUBLIN RANCH
(DUBLIN RANCH AREA F EAST)
EXHIBIT A Tt)
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THIS AMENDMENT ("Amendment") is made and entered in the City of
Dublin on this _ day of , 2010, by and between the City of Dublin, a
Municipaf Corporation (hereafter "City"), and SR Structured Lot Options, I LLC, a
Delaware limited liability company (hereafter °Develope~'), pursuant to the
authoriry of §§ 65864 et seq. of the California Govemment Code and Dublin
Municipal Code, Chapter 8.56.
RECITALS
1. 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.
2. Developer desires to develop and holds legal interest in certain real
property consisting of approximately 68 acres of land, located in the City of
Dublin, County of Alameda, State of Califomia, which is more particularly
described in Exhibit 1 attached hereto and incorporated herein by this reference,
and which real property is hereafter called the "Area F East Property"; and
3. Pursuant to that authority, City and Developer entered into that
certain "Development Agreement Between the City of Dublin and SR Structured
Lot Options I, LLC for Sorrento East at Dublin Ranch (Dublin Ranch Area F
East)," dated August 7, 2007 and recorded in the Official Recards of Alameda
County ("Official Records") on November 8, 2007 as document number 2007-
7391172 ("the Agreement").
4. Developer previously proposed the development of the Area F East
Property with 694 residential units, and City approved various land use approvals
in connection with the development of the Area F East Property, and the
Agreement referred to the proposal and the associated development approvals
as, respectively, "the Project" and "the Project Approvals."
5. Developer now proposes the development of #he Area F East
Property {as defined in the Agreement) with 581 residential units ("the Revised
ProjecY').
6. Developer has applied for, and City has approved various land use
approvals in conjunction with the development of the Revised Project, including
an amendment to the General Plan and Eastern Dublin Specific Plan (City
Council Resolution No. 47-04), PD District rezoning and related Stage 1 and
Stage 2 development plans (City Council Ordinances No. 12-04 and No. 24-05),
Master Vesting Yentative Map for Tract 7982 (Planning Commission Resolution
No. _-~, Neighborhood Vesting Tentative Maps for Tract 7652 (Neighborhood
6), Tract 7653 (Neighborhood 7), Tract 7654 (Neighborhood 8), Tract 7655
Amendment No. 1 to Dublin/SR Structured Lot Options I, LLC Page 2 of 5
Development Agreement for Sorrento East at Dublin Ranch (Area F East)
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(Neighbofiood 9), Tract 7656 (Neighborhood 10) (Planning Commission
Resolution ~, Tract 7983 (Neighborhood 11) (Planning Commission
Resolution _~ and site development review (Planning Commission Resolution
No. _-~ (collectively, together with any approvals or permits now or hereafter
issued with respect to the Revised Project, °the Revised Project Approvals')
7. Section 9.4 of the Agreement requires that the Agreement be
amended where the Project Approvals are substantially amended, and the
parties have agreed that the Revised Project Approvals require an amendment to
the Agreement.
S. In addition, Developer has requested that the term of the
Agreement be extended by eight years (until October 31, 2020), and the City has
agreed to extend the term in exchange for certain community benefit payments to
be paid by developer.
9. The City Gouncil has found that, among other things, the
Agreement, as amended, 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
10. 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
11. On , 2010, the City Council of the City of Dublin
adopted Ordinance No. approving this Agreement. The ordinance took
effect on , 2010 ("the Approva! 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
Section 1. The Parties acknowledge that, as a result of the Developer's
transfer of certain real property to the Dublin Unified School District, the real
property to which this Development Agreement is subject consists of 68 acres,
rather than the 80 acres referenced in the Agreement.
Section 2. All references to "the Project" and "the Project App~ovals" in
the Agreement shall be deemed to refer to, respectively, "the Revised Project"
and "the Revised Project Approvals"
Section 3. Section 4.2 of the Agreement is amended to read as follows:
Amendment No. 1 to DubIiNSR Structured Lot Options 1, LLC Page 3 of 5
Development Agreement for SoRento East at Dublin Ranch (Area F East)
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"42 Term. The term of this Agreement shall commence on the
Effective Date and extend thirteen (13) years thereafter, unless said
term is otherwise terminated or modified by circumstances set forth
in this Agreement. "
Section 4. Amendmenf to Exhibrt B. Exhibit B to the Agreement is
hereby replaced in its entirety with Exhibit 2 to this Amendment.
Section 5. Counterparts. This Agreement is executed in two (2)
duplicate originals, each of which is deemed to be an original.
Section 6. 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=
Tim Sbranti, Mayor
ATTEST:
By:
Caroline Soto, City Clerk
APPROVED AS TO FORM:
John Bakker, City Attorney
Date:
Date:
SR STRUCTURED LOT OPTIONS 1, L.L.C.,
a Delaware lirnited tiability company
Stark Offshore Management, L.L..C.,
A Wisconsin limited liability company,
Its Manager
By: Date:
Joseph J. Lucas, Ifl
Its Managing Member
Amendment No. 1 to Dublin/SR SVuctured Lot Options l, LLC Page 4 of 5
Development Agreement for Sorrento East at Dublin Ranch (Area F East)
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(NOTARIZATION ATTACHED)
Amendment No. 1 to Dubiin/SR Structured Lot Options I, LLC Page 5 of 5
Development Agreement for SoRento East at Dublin Ranch (Area F East)
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Exhibit 1
Legal Description of Area F East Property
Real property in the City of Dublin, County of Alameda, State of California,
described as follows:
Parcels 2, 3, and 4 as shown on the Final Map of Tract 7651, filed November 11,
2008, Map Book 303, Pages 77 to 81 inclusive, Alameda County Records.
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Exhibit 2
Amended Exhibit B to the Agreemen#
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EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparaqraph 5.3.1 -- Subsequent Discretionary Approvals
None.
Subnaraqraph 5.3.2 - Mitiaation Conditions
Subsection a. Infrastructure Sequencinq Proaram
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. of the City of Dublin Planning
Commission approving Site Development Review for Sorrento at Dublin Ranch
Area F, Master Vesting Tentative Tract Map 7982 for Area F East, and
Neighborhood Vesting Tentative Tract Maps 7652, 7653, 7654, 7655, 7656, and
7983 for Neighborhoods 6 through 11 for PA 08-02 (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
shal! 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.
An all weather roadway and an approved hydrant and water supply
system shall be availabie 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.
~#II potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Dublin/SR Structured Lot Options I, LLC Development Agreement Page 1 of 7
For Sorrento East at Dublin Ranch (Area F East) - EXHIBIT B[Revised]
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Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(iv) Storm Drainape.
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 the standards and policies of the
City and Zone 7(Alameda County Flood Control and Water Conservation
District, Zone 7) that are in force and effect at the time of issuance of the permit
for the proposed improvements. Pursuant to Alameda County's National
Pollufion Discharge Elimination Permit (NPDES) No. CAS0029831 with the
Califomia Regional Water Cluality Control Board, or pursuant to subsequent
permits adopted by the Board, all g~ading, construction and development
activities within the City of Dublin must comply with the provisions of the Clean
Water Act. 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 lJtilities (e q. qas, electricitv, cable televisions,
tele hone
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's Public Works Director
may, in his or her sole discretion and upon receipt of documentation in a form
satisfactory to the City's Public Works Director that assures completion, allow
Developer to defer completion of discrete portions of any public improvements for
the Project if the City's Public Works Director determines that to do so would not
jeopardize the public health, safety or welfare.
Subparaqraph 5 3.3 - Phasinq. Timinq
This Agreement contains no requirements that Developer must initiate or
complete development of the Project within any period of time set by the City. It.
QublinlSR Structured Lot Options 1, LLC Development Agreement Page 2 of 7
For So~rento East at Dublin Ranch (Area F East) - EXHIBIT B[Revised)
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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.
Subparaqrauh 5.3.4 - Financinq Plan
Developer will install all irnprovements 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. If so required 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.
SubparaQraph 5.3.5 - Fees, Dedications
Nofin-ithstanding anything to the contrary in this Subparagraph 5.3.5,
Developer shall pay any fees required by Subsections a-g at the time such fees
are due under the resolutions and/or ordinances establishing and/or amending
such fees.
Subsection a. Traffic Imaact Fees.
Developer shall pay the Eastern Dublin Tra~c Impact Fee (uTIF')
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.
Subsection b. Traffic Imnact Fee to Reimburse Pleasanton for
Freewav Interchanqes.
Developer shall pay the Eastern Dublin I-580 Interchange Fee in the
amounts and at the times set forth in Resolution No. 155-98 or any subsequent
resolution that 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.
Subsection c. Public Facilities Fees.
DublinlSR Structured Lot Options I, LLC Development Agreement Page 3 of 7
For Sorrento East at Dublin Ranch (Area F East) - EXHISIT B[Revised]
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Developer shall pay a Public ~acilities 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 o`F issuance of building permits. Developer will pay such fees
no later than the time of issuance of building permits.
Subsection d. Noise Mitiqation ~ee.
Developer shall pay a Noise Mitigation Fee established by City of Dublin
Resolution Na. 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.
Subsection e. School Impact Fees.
School impact fees shall be paid by Developer in accordance with
Govemment Code section 53080 and the agreement between Developer or its
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 ttian the time of issuance of building permits.
Subsection q. Tri VallsV 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.
Subparaqraph 5.3.6 - Credit
Subsection a. Tra~c Impact Fee lmprovements - Credit
City shall provide a credit against Eastem Dublin Traffic Impact Fees 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 govemed
by the TIF Guidelines.
DubtiNSR Structured Lot Options I, lLC Development Agreement Page 4 of 7
For Sorrento East at Dublin Ranch {Area F East) - EXHtBIT B[Revised]
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Subsection b. Tra~c lmpact Fee Riaht-of-WaY Dedications -
Credit
City shal! provide a credit against Eastern Dublin Traffic Impact Fees to
Developer for any TIF area right-of-way to be dedicated by Developer to City
which is ~equired far improvements which are described in the resolution
establishing the Eastern Dublin Tra~c Impact Fee. All aspects of the credits
shall be govemed by the T1F Guidelines.
Subsection c. Public Facilitv Fee - Neiqhborhood Parkland
Comaonent
City shall provide a credit against Public Facilities Fees to Developer for
any neighborhood parkland to be dedicated by the Developer which exceeds the
amount required under section 9.28 of the Dublin Municipal Code. Such credits
shall be expressed in acres of parkland. All aspects of the credits shall be
govemed by the City's Public Facilities Fees Administrative Guidelines.
Subaaraqraph 5.3.6 - Miscellaneous
Subsection a. Communitv Benefit Pavments.
(i) Communitv Benefit Pavments.
Developer shall make the following Community Benefit Payments
to the City at the time specified, which payments may be subsequently refunded
pursuant to Subparagraph (ii) below:
Community Benefit Due Date Amount
Payment
First October 31, 2016 $50,000
Second October 31, 2017 $75,000
Third Octobe~ 31, 2018 $75,000
Fourth October 31, 2019 $75,000
Total $275,000
Notwithstanding the foregoing, Developer shall not be required to make the First,
Second, Third, or Fourth Community Benefit Payment if on the date the payment
is due Developer has provided City Manager proof of the happening of,
respectiveiy, the First, Second, Third, or Fourth Contingency specified in
Subparagraph (ii} below. Notwithstanding anything to the contrary in Section 4.2,
if any Community Benefit Payment under this Subsection 5.6.3{a) is not received
in full by the City by the Due Date for such payment, this Agreement shall
automatically terminate.
Dublin/SR Structured Lot Options I, LLC Development Agreement Page 5 of 7
For Sorrenio East at Dublin Ranch (Area F East) - EXHISIT B[Revised]
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(ii) Continqent Refunds.
Upon the happening of the following contingencies, the City will
refund the Community Benefit Payment in the amount specified below. The City
will make the refund payment within 60 days of Developer providing proof, to the
satisfaction of the City Manager, of the happening of the contingency, provided
tha# the Developer has made the applicable Community Benefit Payment at the
time the proof is provided. The City shall not be obligated to make the specified
refund if Developer fails to provide the required proof of the happening of the
contingency within 30 days of the contingency date.
Contingency Contingency
Date
Dec. 31, 2017 First. Developer has obtained at
least 25 building permits for
residential structures within the
Project since the Effective Date.
Dec. 31, 2018 Second. Developer has either
obtained (i) at least 50 building
permits between January '!, 2018
and the Contingency Date or (ii) at
least 75 building permits for
residential structures in the
aggregate within the Project since
the Effective Date.
Dec. 31, 2019 Third. Developer has either
obtained (i) at least 50 building
permits between January 1, 2019
and the Contingency Date or (ii) at
least 125 building permits for
residentia{ structures in the
aggregate within the Project since
the Effective Date.
Dec. 31, 2020 Fourth. Developer has either
obtained (i) at least 50 buitding
permits between January 1, 2020
and the Contingency Date or (ii) at
least 175 building permits for
residential structures in the
aggregate within the Project since
the Effective Date.
Dublin/SR~Structured Lot Options 1, LLC Development Agreement
For Sarrento East at Dublin Ranch (Area F East) - EXHIBIT B[Revised]
Refund
Amount
$50,000
$75, 000
$75,000
$75,000
Page 6 of 7
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Subsection b. Public Art Requirement.
Condition 7 of SDR and VTM Resolution ("Condition 7") se#s forth
the "public art contribution° requirement for the Project pursuant to Chapter 8.58
of the Dublin Municipal Code ("Chapter 8.58"). Notwithstanding Condition 7 and
Chapter 8.58, the requirements of the following paragraph shall supersede
Condition 7 in its entirety and shall be deemed to satisfy the requirements of
Chapter 8.58 for the Project.
Concurrently with the execution of the Amendment to the
Agreement, Developer has made a payment of $100,000 to the City. Developer
shall make two additional payments as follows:
1. $100,000 on or before October 31, 2012.
2. $100,000 on or before October 31, 2016; provided, however,
that the payment due on or before October 31, 2016 shall be
reduced to $50,000 in the event that Chapter 8.58 of the
Dublin Municipal Code [Public Art Program] is amended or
repealed so as to eliminate the obligation of residential
developers to make a"public art contribution," as defined in
Chapter 8.58.
Nofinrithstanding any applicable law, Developer, on behalf of itself
and its successors and assignees, agrees that the City may withhold building
permits, occupancy authorizations, and final map approvals within the Project
until the payments required by this subsection are made.
The provisions of this Subsection shall survive the early termination
of this Agreement.
Subsection c. Term of Site Development Review Aparoval.
Nofin+ithstanding 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 by
Resolution No. , and any subsequent revisions to it, shalt be automatically
extended for the term of this Agreement.
1375118_9
DubIiNSR Structured Lot Options I, LLC Development Agreement Page 7 of 7
For Sorrento East at Dublin Ranch (Area F East) - EXHIBIT B[RevisedJ