HomeMy WebLinkAbout8.1 Attch 3 PA 07-006 Amend to MasterAgmt
~1y OF Al,~~ 2005455429 10/21/2005 01; 33 PM
a "a OFFICIRL RECORDS OF RLRMEDA COUNTY
City of Dublin u • y pATRICK 0'CONNELL
RECOROING FEE: 0.00
When Recorded Mail To: I~ III~II~~I~III~I III~IIII ~~I~I~III~IIIII~I~~ II~~II sa acs
City Clerk
City of aublin
, 100 Civic Plaza
Dublin, CA 94568
Fu. walv-t~d P~ QG 2'~83 EIVED
Space above this line for R9rYLQ9 OWLlN
NOV Y. 4 ZQ05
C1TY MANAGER'S OFFICE
AMENDMENT 7O MASTER
pEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
THE LIN FAMILY
FQR 7HE DUBLIN F2ANCH PROJECT
(Areas A, B, C, D, E, F, G and H and "Wailis Ranch")
ATTACHMENT 3
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TABLE OF CONTENTS
Section 1 3
Section 2 3
Section 3. Recitals 3
Section 4 4
SeCtion 4.1 EfFective Date 4
Section 4.2 Term 4
Section 5. Exempkion from Inclusionary Zoning Regufations for 2,655 Units 4
Section B. Exemption from Commercial Linkage Fee 5
Section 7. Park Land 6
SeCtion 8. Notices 6
Section 9. Exhibits . 6
Section 10 Counterparts 6
SeCtion 11. Recordation 6
Section 12. Amendment - 7
Amendment to Master Tabfe of Contents
Davelopment Agreement for Dublin Ranch Project April 5, 2005
659198_5
THIS AMENDMENT TO MAST~R DEVELQPMEN7 AGREEMENT is made and
entared in the City qf Dublin on this ~ day of~AQ, 2005, 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 "Develaper"), pursuant to the authority of
65864 et seq. of the California Government Code and Dublin Municipal Cade, Chapter
8.56.
RECf7ALS
A. City and Developer are parties to a development agreement entitled
"Master Development Agreement Between the City of Dublin and The Lin Family for the
Dublin Ranch Project (Areas A, 8, C, D, E, F, G and H)", which i5 dated May 18, 1999,
and was recorded on July 8, 1999 at 99251790, which agreement was amended by the
"Supplemental Develapment Agreement Between the City of Dublin and The Lin Family
for the Dublin Ranch Praject (Areas F, G and H)", which is dated April 18, 2000 and
recorded on November 3, 2000 at 2000335772 (hereafter together referrsd to as the
"Master Development Agreement"); and
B. Chang Su-O-Lin (also known as Jennifer Lin) and Hpng Lien Lin (also
known as FrederiC or Frederich Lin) and City are parties to a develqpment agreement
entitled "Development Agreement Between the City of Dublin and Chang Su-O-Lin and
Hang Lien LinlDublin Ranch/Fairway Ranch", dated July 15, 2003 and recorded on
DeCember 16, 2003 at 2003728503 of the official records of Alameda County (hereafter
the "Fairway Ranch Development AgreemenY', a copy of which is attached hereto as
Exhibit 1); and
C. The Master Development Agreement is applicabls to the property in the
City generally known as Areas A, B, C, D, E, F, G, and H and, Section 20 of such
agreement is applicable to, the property known as the "Wallis Property" or "Wallis
Ranch." Fairway Ranch Development Agreement is applicable to a portion of the
property generally known as Area B; and
D. Developer has assigned all of its rights and obligations under the Master
Development Agreement for the lands knawn as Area A and portions of Area G; and .
E. The parties desire to amend the Master Development Agreement to
establish Developer's compliance with the Inclusionary Zoning Ordinance (Dublin
Municipal Code Chapter 8.68) as set forth in the Fairway Ranch Development
Agreement as to the property described in Exhibit E to the Fairway Ranch Development
Agreement, which is described in that agreement, and referred to herein, as the
"Affordable Unit Credit Property"; and
Amendment to Master Page 1 of 7
Development Agreement for Dublin Ranch Project April 5, 2005
65919$_5
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F. 7he parties alsa desire to allow the Developer to transfer "Affordable Unit
Credits° earned under the Fairway Ranch Development Agreement to purchasers of alt
or portions of the property which is included within the "Affordable Unit Credit Prpperty;
and
G. 7he parties further desire to set forth a methad of documenting
compliance with Section 17 (entitled "Park Land") of the Master Development
Agreement; and
H. California Government Code 65864 et seq. and Ghapter 8.56 of the
Dublin Municipal Gode (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; and
i. QEVELOPER desires to develop and holds legal interest in certain real
property located in the City of Dublin, County of Alameda, State of California, which is .
more particularly described in Exhibit 2, which real property is hereafter called the "Lin
Property".
J. DEVELOPER has applied far, and CITY has approved, various land use
approvals in connection with the development of the portion of Area B which is subject
to the Fairway Ranch Development Agreement, including: 1) for Areas B a General
Plan and Specific Plan Amendment (Resolution No. 140-97), a PQ District rezoning
(Ordinance No. 24-97), general prpvisians forthe PD District rezoning including the
Land Use and Dewelopment Plan (Resolution No, 141-97), a Vesting Tentative Tract
Map for Tract 7453 (Planning Commission Resolution No. 03-31 and a density bonus
of 186 units and Site Development Review (City Council Res4lution No. 149-03)
(collectively the "Fairway Ranch Project Approvals"); and
K. The City Cauncil has found that, among other things, this Amendment to
Master Development Agreement is consistent with its General Plan and the Eastern
Dublin Specific I'lan and has been reviewed and evaluated in accordance with Chapter
8.56; and
L. Pursuant to the California Environmentai Quality Act (CEQA), the City
Council adopted Resolution No. 149-03, finding that the Fairway Ranch Project
approvals are exemptfrom CEQA pursuant to Government Code §65457. In making
such detsrmination and determining that there are no supplemental impacts that would
require preparation of a Supplemental LIR for the Fairway Ranch Development
Agreement or this Agreement which is called for in the Fairway Ranch Development
Amendment to Master Page Z of 7
Development Agreement for Dublin Ranch Project April 5, 2005
659198_5
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Agreement, the City prepared an Initial Study which found that the environmental
impacts of the Fairway Ranch Project apprpvals were addressed by the Negative
Declaration approved by the City Council by Resolution No, 144-97 for the Planned
Development Rezoning for 453 acres af Dublin Ranch which includes the property
subject to this amendment and the Fairway Ranch Pro}ect and the Environmental
Impact Report for the Eastem Dublin General Plan Amendment and SpeciflC PIaFl (SCH
91103064) which was certified by the Gouncil by Resalution No. 51-93 and the Addenda
dated May 4, 1993 and August 22, 1994 (collectively, the "EIR").
M. On JurZj4 , 2005, the City Council of the City of Dublin adopted
Ordinance No.1~5approving this Amendment to the Master Development Agreement
(hereafter "Amendment to Master Development Agreement"). The ordinance taok effect
on~Ylu 2005.
NOW, THEREFORE, with reference to the foregoing recitals and in cansideration
of the mutual promises, obligations and covenants herein contained, CITY and
pEVEL4PER agree to amend the Master Development Agreement a5 fallows:
AGREEMEIVT
Section 1. Description of Property.
7he property which is the subject of this Amendment to Master Development
Agreement is described in Exhibit 2(the "Lin Property"). The property shown on Exhibit
2 as uParcel B(former Wallis Property)" is not subject to Sections 6 and 7 of this
Amendment to Master Development Agreement and remains subject only to Sections
20 of the Master Development Agreement.
Section 2. Interest of Develo er.
The DEVELOPER has a legal or equitable interest in the Lin Property, in that it
owns the Lin Property in fee simple.
Section 3. Recita{s.
The foregoing Recitals are true and correct and shaA be deemed to be a part of
this Amendment to Development Agreement.
Amendment to Master Page 3 of 7
?evelapment Agreament for Dublin Ranch Project April 5, 2005
fi59198_5
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Section 4. Effective Date and 7erm.
Sectipn 4.1 Effective Date. The effective date of this Amendment to the
Master DevelopmeVareement shall be the effective date of Dublin City Counci!
Ordinance No. 1-21 -Za)s
Sectian 4.2 Term. This Amendment to the Master Development
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Agreement shaA terminate as to Section 5 below upon the use or expiration of all g_15
"Affordable Unit Gredits" issued pursuant to the Fairway Ranch Davelopment
Agreement, whichever accurs Iater, and as to Section 6 belaw upan the 30w anniversary
af the effective date of the Fairway Ranch Development Agreement, as provided in
Section 5.3.6(C) of Exhibit B of said agreement. Except as provided in the preceding
sentence, this Amendment shall terminate when the Master oevelopment Agreement
terminates.
Section 5. Exemption from Inclusionary Zoninq Rec7ulations for 2.655 Units.
Upon completion of the entire Fairway Ranch Project in accordance with the
Fairway Ranch Development Agreement, DEVELOPER will have provided affordable
units, as defined in City's Inclusionary Zoning Regulatians (Exhibit C to the Fairway
Ranch Development Agreement), in the following income categories:
Multifamily CompQnent
--90 moderate income units
--90 Iow income units
--63 very low income units
Senior Housinca Component
--131 moderate income units
-97 low income units
--64 very low income units
Condominium Cpmponent
--52 moderate income units
DEVELOPER will receive 332 "Affordable Unit Credits," as that term is defined in
the Fairway Ranch Develppment Agreement upon completion of the entire Fairway
Ranch Project. In accordance with the Fairway Ranch Development Agreement, the
332 Affordable Unit Credits can be used by Developer to comply with the (nclusionary
Zoning Regulations on the Affordable Unit Credif Property, as such regulations currently
exist or as they may be hereafter amended, for a maximum of 2,655 units,
notwithstanding the requirements of the Inclusionary Zoning Regulations as they
Amendment to Master Page 4 of 7
Development Agreement for Dublin Ranch Projeet April 5, 2005
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. currently exist or as they may hereafter be amended as to the mix of the affordable
units, number of bedrooms or Concentrations of such units on the Affordable Unit Credit
Property. The Affordable Unit Credits must be used as provided in the Fairway Ranch
Development Agreement.
City shall determine the number of affordable units required for eaGh residential
development proposed for development on the Affordable Unit Credit Property at the
earliest to occur of the time af tentative map approval, conditiona) usa permit or site
development review by reference to the Inclusianary Zoning Regulations attached as
Exhibit C to the Fairway Ranch Development Agreement to determine the number af
affordable units required far each such residential development and, provided
Devetoper h25 a sufficient number of Affordable Unit Credit Certificates for the number
of such required affordable units, Gity sha{I not require complianes with the Inclusionary
Zoning Regulations for such development. The payment of in-lieu fees will not be
allawed for any residential development project on the Affordable Unit Credit Property.
If Developer has not earned or obtained Affordable Unit Credit Certificates in
sufficient number to provide the required number of afFordable units required for a
proposed residential development on the Affordable Unit Credit Property, Developer
shall be required to comply with the inclusionary zoning requirements then in effect prior
to 5ite Development Review approval, including the requirement af section $.68.050.A
of the Inclusionary Zoning Regulations (Exhlbit C ta the Fairway Ranch Development
Agreement) for an affprdable housing agreement. Alternatively, Developer may
withdraw its applicatipn for Site Development Review approval until Developer has
sufficient Affordable Unit Credit Certificates to provide the required number of affordable
units for the residential development project.
All referenCes in this Section 5 to "Developer" shall include persons or entities to
whom developer has canveyed or conveys any partion of the Affordable Unit Credit
Property, it being the intention of the City and Developer that such persons or entities
shall be entitled to the benefits and burdens of Sections 5.3.7.6(v) to (ix) of Exhibit B of
the Fairway Ranch Development Agreement.
Section 6. Exemption from Commerciai Linkaqe Fee.
The property described in Exhibit F to the Fairway Ranch Development
Agreement, shall be exempt from any commercial linkage or similar fee in the manner
provided in Section 5.3.7(C) of Exhibit B of the Fairway Ranch Development
Agreement.
Amendment te Master Page 5 of 7
Develapment Agreement for Dublin Ftanch Project April 5, 2005
659198_5
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Section 7. Park Land.
Upon satisfactian of the provisions of Sectipn 17 of the "Master Development.
Agreement Between the City of Dublin and The Lin Family for the Dublin Ranch Project
(Areas A, B, C, D, E, F, G and H)", City and DevelopeP wifl jaintly execute an agreement
or other dpcument indicating that Section 17 has been satisfied. The City Clerk shall
maintain the original of such document.
Section 8. Notices.
Section 38 of the "Master pevelopment Agreement Between the City of Dublin
and The Lin Family for the Dublin Ranch Prpject (Areas A, B, C, D, E, F, G and H)" shall
be amended by changing the persons to wha notice shall be given to DEVELOPER.
Hereafter, all natice5 required to be given to dEVELOPER shall be addressed as
fa4lows:
Martin W. fnderbitren
7077 Koll Center Pkwy, Suite 120
Pleasanton CA 94566
Section 9. Exhibits.
The following documents are referred in this Agreement and are attached hereto
and incorporated herein as though set forth in full:
Exhibit 1 Fairway Ranch Development Agreement
Exhibit 2 Legal Description of the Lin Property
Sectian 10 Counterparts.
This Amendment to the Master Development Agreement is executed in two (2)
duplicate originals, each of which is deemed to be an original.
Section 11. Recordation.
CITY shall record a capy of this Amendment to within ten days following
executian by all parties.
_
Amendment to Master Page 6 of 7
Developmant Agreement for Dublin F2anch Project April 5, 2005
659198_5
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Section 12. Amendment.
Except as set forth herein, the Master Development Agreement shall nat be
amended.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as af the date and year first above written.
'
gate:,1'~,~Lq/~ ~
, Mayor
CFEST:
A gy; Date: t~~ lq , 0
y lerk
, it
Approved as to Form:
Elizabeth H. Silver, City Attomey
DEVELOPER:
Chaenown Su-0-Lin
(also as Jennifer Li )_t}o I..ce.n ui^
y`t'
Date:
-Hn~ien Lin
(a4go kna as Frederich or F ric Lin)
~
~ Date:
ng Y Li
(also wn as Kevin Lin)
Amendment to Master I'age 7 of 7
Development Agreement for Dublin Ranch Project April 5, 2005
659198_5
CAL1FORNIA 4LL-PURPOSE ACKNOWLEDGMENT
- ,
State of California
ss.
CDUnty of I.-
nu6w
On U[~C~ ~ R. ~b0~ , before me, _V~nljL)
UAIe Nsme antl Tltle of OKrpr (c.g., "Ja Doe, Notary Ribl'
personally appeared -Norm(s) JI Slqnerts)
ersonally known to me
ta be the person(~f whose name~5j is/~subscribed
tto the within instrument and acknowledged to me that
hesheltq9y executed the same in W~Iher/pvgir
authorized capacity(ios), and triat by qiflher/tpetr
~~T~ . signaturel,g~j on the instrument the person(ay; or the
1110imilldft,cm-M~ entity upon behalf of which the personX acted,
RIF FIN 4DOuft executed the instrumsnt.
MI?CauMlL6ipMmDn9,
~~m ~ t532-~oi- WIT ESS my ha d a officiat seal.
?iIZ iog
. Pl.xr. Nulary SdAI AbOVe
. g"hue 6I NotBry FUDIIC
OPTIONAL
Trxough the Wormafron be7ow is not rBqulrsd 6y law, it may prove valuable fo persOns relying on the doCUment
and could prevent lraudulent removaf dnd reattachment of tt7is form to another doCUment.
Descrlptlon of Attached ocume tp
Title or Typa of Document:
Document Date: . Number of Pages: -
Signer(s) Other Than Named Above;. - -
Capaclty(ies) Ciaimed by Slgner(s)
Signer's Name: Signer's Name:
U Individusl J Individual
-1 Corporate Officer -Title(s): 1 Corporate Offlcer-Title(s):
;_J Partner - fl Limited U Genera{ LJ Partner - LJ L:imited fl General
Lj Attnrney in Fact inp nf thumb here O Anomey in Fact inp of thumb huic
r` Trustee Fl Trustee
I_: Guardian or Conseroator L Guardian or Conservatar
fl Other: Lj dEher-
Signer Is Aepresenting: Signer Is Representing:
00 9004 Naiinoiil Notsry Asaociation 9a-r+0 De Solo AVB., PD. Box Y402 • GmiswortlL CA 9151341402 Ilem No. 59U7 Reortlee Cell IWI-Frpo 1-p00-87&8827
i
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:Approved as to Form:
Marty Inderbitzen
Attomey for Lin Fa ly
Amendment to Master Page $ of 7
Development Agreement for Dublin Ranch Prpject April 5, 2005
659198~5
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TAFWAN ) Tannm
CI''Y OF TAIPEI CIty of Tafpri ) ss. ,~aT~"~i~ sa
AMERICAN INSTITtTE IN TA]WAN, TAIPET OFFiCE )
Sri R. I{ulknrni
Un Apri1 22, 2005 , before me, Sneciai NnUAry (PL96-9) , persona]ly
carcd ~'1n, tlong-lien as attorney-in-fact of Lin Chang, Su-o;
app Tj., H ng-lier, •;nd Lin Hong Yao-----,
proved to zne on the basis of satisfactory zvidence) to be the person(s) whose name(s}~'rs/are subscribed
to the within in.strument and acknowledged to me that-kelshuAhey executed the same in4isAqerftheir
aurhurized capacity(ies), and that byhis*erltheir signature(s) on the instrument, the person(s) or the
enrity upon behalf of which the person(s) acted, executed thc instrument.
WITNESS my hand an official seal.
Nota blic
Sri R. Kulkarni
Sp,:!rial. Nnl.tiry (PI,96-8)
. Duls• appointcd ruid quali[ied
. My comtziission expiri:s -lunc 25. 2007