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HomeMy WebLinkAboutReso 140-10 Dev Agmts Annual ReviewRESOLUTION NO. 140 - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******~*******~~*****~ FINDING THAT THE DEVELOPERS HAVING OBLIGATIONS UNDER THE FOLLOWING DEVELOPMENT AGREEMENTS HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND PROVISIONS OF THOSE AGREEMENTS AND CONCLUDING THE 2010 ANNUAL REVIEW FOR THOSE AGREEMENTS: DUBLIN RANCH AREA A-H; DUBLIN RANCH SUPPLEMENTAL DA, AREAS F, G AND H; AMB/LEGACY PAR~NERS, WEST DUBLIN TRANSIT VILLAGE; STOCKBRIDGE/BHV EMERALD PLACE - GREEN ON THE PARK (FORMERLY IKEA); DUBLIN RE INVESTORS, LLC, FALLON VILLAGE; SORRENTO, DUBLIN RANCH AREA F WEST; WESTERN PACIFIC HOUSING, TRANSIT CENTER SITE E-1; TRANSIT CENTER, MASTER DA; LOWES; STANDARD PACIFIC, DUBLIN RANCH F-1; GATEWAY MEDICAL GROUP/TRIAD; SORRENTO EAST/SR STRUCTURED LOT OPTIONS; GRAFTON STATION; DUBLIN RANCH AMENDMENT TO THE MASTER AGREEMENT; STANDARD PACIFIC (FALLON CROSSINGS); SCHAEFER RANCH SOUTH; WALLIS RANCH; AND SPRINGFIELD MONTESSORI. WHEREAS, the annual review of the City of Dublin's 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/August of each year, Staff reviews the development agreements to ensure compliance to the terms of the Agreements; and WHEREAS, following that review, Staff recommends to the City Council to either: determine the parties are in compliance and conclude the review; or, determine that the parties have not complied in good faith, then the City Council may 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 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, West Dublin Transit Village; Stockbridge/BHV Emerald P/ace - Green on the Park (formerly IKEA); Dublin RE Investors, LLC, Fallon 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; Dublin Ranch Amendment to the Master Agreement; Standard Pacific (Fallon Crossings); Schaefer Ranch South; Wallis Ranch; and Springfield Montessori. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has concluded its review of the above referenced Development Agreements and determined that the Developers having obligations under to those Development Agreements have demonstrated good faith compliance with the terms of the Development Agreements. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 21 st day of September, 2010, by the following vote AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~ ~~ ~~ Mayor ATTEST: ~ ~~ ~a~"l/ City Clerk Reso No. 140-10, Adopted 9-21-10, Item 4.7 Page 2 of 2