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HomeMy WebLinkAbout8.1 Attch 2 PA 07-006 Supplemental Agmt i 2000335772 11/13/2000 01:23 PM OFFICIqL RECORDS OF RECORDING FEE: 0.00 Ciof Dublin ALAMEDA COUNTY `J PATRICK O'CONNELL When Recorded Mail To: ii Pcs City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 ~ vl Space above this line for Recorder's Use SUPPLEMENTAL DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE LIN FAMILY FOR THE DUBLIN RANCH PROJECT (Areas F, G, and I-) Dublir?A(ameda Supplemental Development Agreement for Dublin Ranch Project 1 March 7, 2000 ATTACHMENT 2 This Sup le ental Development Agreement is made and entered in the CITY of Dublin on this day of &Q Ij.. 2000, by and between the CITY of Dublin, a Municipal Corporation (hereafter "CITY"), and Chang Su-O-Lin (also known as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known as Kevin Lin), (hereafter "DEVELOPER"), pursuantto the authority of 65864 et seq. of the Califomia Government Code and Dublin Municipal Code, Chapter 8.56. RECITALS A. California Government Code 65864 et seq. and Chapter 8.56 ofthe 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 iegal or equitable interest in such property in order to establish certain development rights in such property. B. DEVELOPER desires to develop and holds legal interest in certain real property located in the CITY of Dublin, County of Alameda, State of California, consisting of the following: Approximately 304 acres of land (known as Areas F, G, and H) which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference and which real properly is hereinafter called the "Areas F-H Property. C. The Area F-H Property is subject to a Master Development Agreement between the CITY of Dublin and the Lin Family dated June 29, 1999 and recorded in Official Records of Alameda County on July 8, 1999 as Instrument No. 99251790. D. The Master Development Agreement, in Section 6, contemplated that DEVELOPER would process an amendment to the General Plan and Specific Plan land use designations on the Areas F-H Property and seek zoning/rezoning approval for such land uses. CITY and DEVELOPER agreed therein that they would process a supplemental development agreement far the purpose of vesting the right to develop the Areas F-H Property based upon such revised land use designations for a period equal to the remaining term of the Master Development Agreement. This Supplemental Development Agreement implements that Section. E. DEVELOPER proposes the development of the Areas F-H Property with a combination of office, commercial and residential uses, (together, the "Areas F-H Proj ect"). Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Project 2 Mazch 7, 2000 F. DEVELOPER has applied for, and CITY has approved, various land use approvals in connection with the development of the Areas F-H Project, including: General Plan and Specific Plan Amendments for Areas F, G, and H respectively (Resolution No. 53-93) a Planned Development (PD) Rezone/Development Plan Stage 1 for Area F(Ord. No. 16-99) and Area H(Ord. No. 16-99) and a Planned Development (PD) Rezone/Development Plan Stage 1 and 2 for Area G(Ord. No. 16-99) with Deveiopment Plans. (collectively the "Areas F-H Project Approvals"). A map depicting the General Plan and Specific Plan Amendments for Areas F, G, and H is attached as Exhibit B hereto. G. Developer intends to process Stage 2 Development Plans for Areas F and H. Such Stage 2 Development Plans, once approved, shall become part of the Areas F-H Project Approvals. H. The CITY Council has found that, among other things, this Supplemental Development 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. I. CIT'Y and DEVELOPER have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Areas F-H Project subject to conditions set forth herein. J. Pursuant to the California Environmental Quality Act (CEQA) the CITY adopted Negative Declarations for the Areas F-H Project and has found that the negative declarations aze adequate for this Agreement. The CITY has also found that the Areas F- H Project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan ("EIR") which was certified by the Council by Resolution No. 51-93 and the Addenda dated May 4, 1993, and August 22, 1994. K. On April 18, 2000, the CITY Council of the CITY of Dublin adopted Ordinance No. 10-99 approving this Development Agreement. The ordinance took effect on May 18, 2000. 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: Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Project 3 March 7, 2000 AGREEMENT Section 1. Description of Propertv. The property which is the subject of this Development Agreement is described in Exhibit A attached hereto (the "Areas F-H Property"). Section 2. Interest of DEVELOPER. The DEVELOPER has a legal or equitable interest in the Areas F-H Property in that it owns the Areas F-H Property in fee simple. Section 3. Effective Date and Term. Section 3.1 Effective Date. The effective date of this Agreement shall be the date upon which this Agreement is signed by CITY. Section 3.2 Term. The term of this Development Agreement sha11 commence on the effective date and extend until expiration of the Master Development Agreement on June 29, 2019, unless said term is otherwise terminated or modified by circumstances set forth in this Agreement or by a Specific Plan Development Agreement, as defined and described in Section 7 of the Master Development Agreement. Section 4. Effect of Soplemental Development Agreement Section 4.1 Relation to Master Development Aueement. Upon the effective date of this Supplemental Development Agreement, Section 6 of the Master Development Agreement shall terminate and shall be superseded in its entirety, by the provisions of Section 5 hereof. Except as specifically provided in this Supplemental Development Agreement, each and every term and condition of the Master Development Agreement shall apply to the Area F-H Property as if fully incorporated herein. The Master Development Agreement and this Supplemental Development Agreement sha11 be interpreted and applied as a single consistent agreement. In the event of a conflict between the Master Development Agreement and the Supplemental Development Agreement, the provisions of the latter shall prevail. Section 4.2 "Area F-H Project" Redefined. Any reference in the Master Development Agreement or this Supplemental Development Agreement to the "Area F- H Project" is hereby amended to incorporate the Area F-H Project Approvals. Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Project 4 March 7, 2000 Section 4.3 Satisfaction of Section 6 of Master Development Amement. Upon the effective date of this Supplemental Development Agreement, CITY and DEVELOPER sha11 have satisfied their obligations pursuant to Section 6 of the Master Development Agreement. Section 5. Use of the Areas F-H Propertv. Section 5.1 Ri t to Develop. DEVELOPER shall have the vested right to develop the Areas F-H Property in accordance with the terms and conditions of this Agreement, the Areas F-H Project Approvals, and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. Section 5.2 Permitted Uses. The permitted uses of the Areas F-H Property, the density and intensity of use, the height, bulk and size of proposed buildings, general provisions for reservation or dedication of land for public purposes and general location and maintenance of on-site and off-site improvements, general location of public utilities (operated by CITY) and other terms and conditions of development applicable to the Areas F-H Property, shall be those set forth in this Agreement, the Areas F-H Project Approvals and any amendments to this Agreement or the Areas F-H Project Approvals. Section 6. Applicable Rules, Reizulations and Official Policies. Section 6.1 Rules re Permitted Uses. Unless otherwise expressly provided in Paragraph 5 of this Supplemental Development Agreement, for the term of this Agreement, the CITY's ordinances, resolutions, rules, regulations and official policies governing the permitted and conditional permitted uses of the Areas F-H Property, governing density and intensity of use of the Areas F-H Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the effective date of this Agreement. Section 6.2 Rules re Desim and Construction of Public Improvements. The 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 permit approval for the public improvement. Section 6.3 Uniform Codes Applicable. Unless expressly provided in Paragraph 5 of this Agreement, the Areas F-H Project shall be constructed in accordance with the provisions of the CITY's adopted Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Project 5 March 7, 2000 Building Standazds, in effect at the time of approval of the appropriate building, grading, or other construction permits far the Areas F-H Project. Section 7. Amendment of Areas F-H Project Approvals. Section 25:5 of the Master Development Agreement is terminated and superseded in its entirety by this Section. Any amendment of Areas F-H Project Approvals relating to: (a) the perrnitted use of the Areas F-H 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; (e) the maximum height or size of proposed buildings; ( fl monetary contributions by the DEVELOPER; or (g) public improvements to be constructed by DEVELOPER shall require an amendment of this Agreement. Any other amendment of the Areas F-H Project Approvals, or any of them, shall not require amendment of this Agreement unless the amendment of the Areas F-H Project Approval(s) relates specifically to some provision of this Agreement. Section S. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Areas F-H Property Exhibit B General Plan and Specific Plan Land Use Designations (Areas F, G and H) Section 9. Counterparts. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. Section 10. Recordation. CITY shall record a copy of this Agreement within ten days following execution by all parties. Dublin/Alameda Supplemental Development Agreement for Dub]in Ranch Project 6 March 7, 2000 . IlV 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: Date: g Z-7 010 Guy S. ouston, Mayor ATTES : By: Date: ~ 7 4v Kay , CI lerk Approved as to Form: By; )V ` Date: Elizabeth H. Silver, City Attorney DEVEL PER: „ By: a Date: Chanu-O-Lin (also known as Jennifer Lin) - , _ . ~-~Ob c7 By., ate: &t= ' or Fre 'c Lin) By: Date: 640 YAo 1- rnl (also known as Kevin Lin) Hy Approved as to Form: By: Date: 6 ~ Martin Inderbitzen Attorney for Lin Family Dublin/Alameda Supplemental Development Agreement for Dublin Ranch Project 7 Mazch 7, 2000 CALiFORN1A ALL-PURPOSE ACKNOWLEDGMENT State of Counry of ~ On 6? 7 0~ beforeme,e,9 r~ECk, Date Wryeantl rtl of Otticer (e.g., "Jane Dce. Notary Pudic") ,1 /D personally appeared G~~ ~S C7a-:5TC7 , Name(s) ot Signer(s) )<personally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the personJ,a'j whose name,,Fa) is/,bM subscribed to the within instrument and acknowledged to me that he/2tT§/thVy_ executed the ~ w;. hAY KECK same in his/Je/3#sfYauthorized capacity~ and that by Ur~l Comm. #111326t hisQa~F/r signature(s) on the instrument the person,Es~ v ' NOTARV PI:3LIC CALIFORNIA C !.'.i.'A~DACOUNTY 0 or the entity upon behalf of which the persor~5jacted, ~ „ c:-• eXa. NoY 8,2000 A executed the instrument. 1~~~.~ WITNESS my hand and oificial seal. 6L (yf i nature o Not Public OPTIONAL Though the information beJow rs not required by law, it may prove valuable to persons relying on the document and could prevent iraudulent removal and reattachment of this form to another document. Description of Attached Document ~qA1C# A~~ct-5 FC- Title orType of Document:~~~+A~-~M~~'7'~-.L Document Da'.e: r R~~- ( 8 /--0609~ Number of Pages: ~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) A! Signer's Name: Signer's Name Czi2Y V. T! Oa-51-0 ? Individual ? Individual O Corporate Officer ? Corporate Officer Title(s): Title(s): El Partner - El Limited ? General ? Partner - O Limited ? General ? Attorney-in-Fact ? Attorney-in-Fact 0 Trustee ? Trustee W[CM 0 Guardian or Conservator . ? Guardian or Conservator . ? OtI10Y: Tap of [humb here I] Ojher: Top of thumb here ' ner Is Represen ing: Signer Is Representing: :.4- Gt9~0&d 0 1995 Na6onal Notary Association • 8236 Femmet Ave., P.O. Box 7184 • Carroga Park, CA 91309-7184 Prod. No. 5907 Reordec Call Toi6Free 1-800-876-6827 Certificate of Acknowledgement of Execution of an Instrument Taiwan ) City of Taipei ) ss: American Institute in ) Taiwan ) I certify that on this 2na day of June, 2000 , before me personally appeared Lin Chang, Su-o, Lin, Hong-lien and Lin, Hong Yao--- known to me to be the person/s described in and who executed the annexed instrument, and acknowledged to me that4e~they executed the same freely and voluntarily. [N WITNESS WHEREOF I liave hereunto set my hand and affixed tlie official seal ttie day and year last above written. /Seal/ pan '$eA,lamin SpccinE No • •y (PL96-8) Travel Services Section Amcrican Institutc in TA111'.ltl T.11pCI 01fll'l` rss-_ aa (u?ooo) . 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