HomeMy WebLinkAbout8.1 Attch 4, Exh B, AmendmentToDraftOrd
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 above this line for Recorder's use
AMENDMENT NO. 2 TO 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 R)
THIS AMENDMENT NO. 2 TO MASTER DEVELOPMENT AGREEMENT ("the
Amendment") is hereby entered into this day of , 2010 by and among the City
of Dublin ("the City") and S and V, LLC, a Delaware limited liability company and Her Lin
Ling, an individual (collectively "the Developer").
Recitals
A. City and Developer's predecessor in interest entered into that certain development
agreement entitled "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)," dated May 18, 1999,
which agreement was amended by (a) the "Supplemental Development Agreement Between the
City of Dublin and The Lin Family for the Dublin Ranch Project (Areas F, G and H)", dated
April 18, 2000 and (b) the Amendment to 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 and
"Wallis Ranch"), dated June 21, 2005 (hereafter together referred to as the "Master Development
Agreement").
B. At the time that is was entered into the Master Development Agreement covered
approximately 1,119 acres of undeveloped land within the City ("the Property"). Subsequently,
Developer's predecessor has transferred a substantial portion of the Properiy to other entities for
development, and some of the property has been developed.
C. In the course of those transfers, Developer's predecessor in interest has in some
cases assigned its rights, duties, interests, and obligations under the Master Development
Agreement to the transferrees.
EXHIBIT B TO
ATTACHMENT 4
D. Developer is the owner of approximately 12.23 acres of property, known as the
"Grafton Plaza Property," as more particularly described on Exhibit A to this Assignment, that is
a portion of the property covered by the Master Development Agreement.
E. As to the Grafton Plaza Property, Developer's predecessor in interest assigned its
rights, duties, interests, and obligations in and under the Master Development Agreement, and
Developer assumed those rights, duties, interests, and obiigations.
F. Section 25.5 of the Master Agreement provides that any amendments to the Areas
F-H Project Approvals "shall require an amendment" of the Master Development Agreement.
G. Developer has applied for, and City has approved, certain amendments to the
Areas F-H Project Approvals, and, therefore, the parties desire to amend the Master
Development Agreement, solely as to the Grafton Plaza Property, to incorparate the amendments
into the definition of Areas F-H Project Approvals.
H. As the Amendment pertains only to the Grafton Plaza Property, the City and
Developer are the only parties required to effect the amendment.
AGREEMENT
NOW, THEREFORE, Developer and City for themselves and their respective
successors and assigns hereby agree as follows:
Section 1. "Area F-H Project Approvals " Redefined. For the purposes of the Grafton
Plaza Properiy, the term Areas F-H Project Approvals sha11 be defined to include, in addition to
those specified in the Master Development Agreement, the following land use approvals:
General Plan and Specific Plan Amendments for the Grafton Plaza Project (Resolution No.
10), a Planned Development (PD) Rezone/Development Plan Stage 1 far the Grafton Plaza
Project (Ord. No. _-10).
Section 2. All other provisions of the Agreement sha11 remain in effect.
[EXECUTION PA GE FOLLOWS]
N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as oi the date and vear first above written.
CITY OF DUBLIN DEVELOPER
S and LLC
a De aw limited liability company
ay:
Joni Pattillo, City Manager
Attest: By. ,
Name: J.s~-»s /°~FC7
Its: a,.<...y u
Caroline Soto, City Clerk
Approved as to form
~
Her Lin Ling
Jo akker, City Attorney
1407892.1
V V
16034-13
4db/10
MlV
Pege i of 2
EXHIBIT A
DESCRIPTION
PARCEL4
GRAFTON STATION
DUBLIN, CALIFORNIA
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE C1TY OF DUBLIN, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
PARCEL 4 AS SI-IOWN ON PARCEL MAP 9003, RECORDED IN BOOK 292 OF PARCEL MAPS,
PAGE 89 THRU 92, ALAMEDA COUNTY RECORDS.
APN 985-006 1 -0 10.
END OF DESCRIPTION
~W 5&
PREPARED BY:
No. 7360
k ~
* Exp.3-3~''!Z ¢ Z6 /6
MARK WEHBER N~ DATE
LiCENSED LAND SURVEYOR NO. 7960 '9~ QQ
(EXP. 3/31/12) ~OF CA~-\F
STATE OF CALIFORNIA
MACKAY & SOMPS
CML ENGINEERINGO IAND PLANNINGOIAND SURVENNG
5142 franklin Drhre SWfe B, Pleosanton, Cq, 9458&3355
(925) 225-0690
P:\I6034-13 GC11egaIs116034-13Pazcel4GraftonStation.doc
'Px?ca MAP 9003 rAP BK 2q2 P~. qo ce)
'
~
ia alI
~•o jgdl ~8ai ~fflStl~E~ W$Q~~~ ~ d
IV^81 6L¢@ Wd I Tl3NVd
•amie.~-rwa 3paoaax
i~6u ~
~ I a
+ t ~
r ,
a
- ~
~1 ~ in e §y ~
~ ~ i' i ~ S~7 81 ~~C
F
s
I + 4
i ~ .N ~~tt
R4N r' ~ w~ ~ 1^ G~ o~
~
g~ ~ S~ O. i tl
ji
" ~Ng
) + ~ I •q ~ ~ ~ ~ i4 ~
63, e~ gvi e~;~e9 a a i
~.a
o r
~a
' ~ ~ ~ \255~~=' ~~°i s g~Kap~'i.• ~ ~ ~
4ig 1 •
~ ~ 7 y~~ ~ j} ~ ~ V ~ !Y! [6hl 27.IGtl~7 -0S'QW I ~ \
~~~'~nA~
~ ~ af .ea c
,J
amiJewsv
'~j t 7 ~ e ~b3 ^ . m
~ • ~$A~ ~ p~a~ ~ ~ . ~n i¦ yg{ t .M'ip73YJ0.10N Mil MAIdIJ01 ~j~ Z'
Q<
u t~
ll '
I L
~ ; a ir
CL.~ i
i
pg o
j
~ . .
~ p~ ; I
k
- •wa scouTfA.W.idi ---------'K`ffi-~-------
9L[ZB!-E8 'aN S31N36 - ~
AM/dvfw aNVI MIelb ~