HomeMy WebLinkAboutOrd 02-11 Promenade DAORDINANCE NO. 2 -11
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
APPROVING A DEVELOPMENT AGREEMENT FOR
TRACT 9717 KNOWN AS THE PROMENADE WITHIN AREA G
OF DUBLIN RANCH BETWEEN THE CITY OF DUBLIN
AND JAMES TONG AND MEI FONG TONG
PA 08-006
THE CITY COUNCIL OF THE ~ITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. A request has been made by James Tong and Mei Fong Tong ("Applicant") to
enter into a Development Agreement with the City of Dublin for the property known as the
Village Center or The Promenade, a 23.46-acre area encompassed by Tract 9717; and
B. The project is located within the Eastern Dublin Specific Plan area; and
C. Development Agreements are required as an implementing measure of the
Eastern Dublin Specific Plan; and
D. On March 21, 2000, the City Council adopted Ordinance 06-00 which included
Planned Development zoning and a Stage 1 and Stage 2 Planned Development Plan for Area G
of Dublin Ranch (PA 98-069) which zoned the project site as PD Village Center, and PD
Public/Semi-Public; and
E. A Mitigated Negative Declaration for the development of Area G was adopted by
the City Council by Resolution No. 34-00 on February 15, 2000 (SCH # 99112041) (2000
MND"). The 2000 MND related to the program EIR for the Eastern Dublin Specific Plan certified
by Resolution 51-93, and Addenda dated May 4, 1993 and August 22, 1994, (hereafter "Eastern
Dublin EIR") (SCH #91-103064). The 2000 MND and Eastern Dublin EIR are available for
review in the City Planning Department and are incorporated herein by reference; and
F. The City prepared an Initial Study to determine if the Project required additional
environmental review pursuant to CEQA Guidelines section 15162. Based on the Initial Study,
the City prepared an Addenclum dated July 14, 2009 ("Addendum") describing the modifications
and development and finding that the impacts of the proposed Project have been adequately
addressed in the Eastern Dublin EIR and 2000 MND and no further environmental review is
required. The Addendum and related Initial Study are available for review in the Community
Development Department and are incorporated herein by reference; and
G. On July 14, 2009, the Planning Commission approved PA 08-006 by Resolution
09-29 for Phase I of The Promenade, which includes a Site Development Review ("SDR") and
Conditional Use Permit ("CUP") for a private fitness/recreation center and minor amendment to
the Stage 2 Development Plan to alfow a maximum of 82,864 square feet of commercial space
on Parcel 4(of Vesting Tentative Parcel Map 9717), a site of approximately 3.72 acres, with a
maximum of 230,000 square feet over all of the 23.46-acre Promenade area, The Planning
Commission also approved and adopted the Addendum.
Page 1 of 3
H. The Applicant has applied for a Development Agreement for The Promenade
which will vest the Site Development Review and Conditional Use Permit.
I. On August 11, 2009 the Planning Commission held a public hearing and
recommended approval to the City Council of the Development Agreement for The Promenade.
However, the Applicant requested further revisions prior to consideration by the City Council.
J. The Planning Commission held a public hearing on the revised Development
Agreement on January 24, 2011 for which public notice was given by law.
K. The Planning Commission made its recommendation to the City Council for
approval of the Development Agreement by Resolution.
L. A public hearing on the proposed Development Agreement was held before the
City Council on February 15, 2011 for which public notice was given as provided by law.
M. The City Council has considered the recommendation of the Planning
Commission, including the Planning Gommission's reasons for its recommendation, the 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 General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the
Eastern Dublin Specific Plan, (e) the Eastern Dublin EIR, (f) the 2000 MND, (g) the Agenda
Statement, (h) the Addendum 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 Eastern Dublin Specific Plan in that: (a)
the General Plan and Specific Plan land use designation for the site is Neighborhood
Commercial and Public/Semi-Public, (b) the proposed project is consistent with the designated
land uses, (c) the project is consistent with the fiscal policies of the General Plan and Specific
Plan with respect to the provision of infrastructure and public services, and (d) 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 ~and use districts in which the real property is located including,
Planned Development zoning, Stage 1 and Stage 2 Development Plan, Site Development Review,
proposed Vesting Tentative Parcel Map, and Conditional Use Permit (collectively, "Project
Approvals"). Section 5 of the Development Agreement states that the right to develop and permitted
uses under the Agreement are those set forth in the Project Approvals.
3. The Development Agreement is in conformity with public convenience, general
welfare, and good land use policies in that the Developer's project will implement land use
guidelines set forth in the Eastern Dublin Specific Plan, the General Plan, and Planned
Development zoning, which have planned for PD Village Center/Neighborhood Commercial and
Public/Semi-Public uses at this location, and the Stage 1 and Stage 2 Development Plan.
Page 2 of 3
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 al1 the programs
and policies of the General Plan, Eastern Dublin Specific Plan, Project Approvals and any
Conditions of Approval for the Project.
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, the Eastern Dublin Specific Plan, and Project Approvals.
6. The City finds that the environmental impacts of the Development Agreement
are addressed in the Addendum findings and analysis. The proposed Development
Agreement will not result in new or substantially more severe significant impacts than those
identified in the Eastern Dublin EIR and Z000 MND. There is no substantial evidence showing
new information of substantial importance or substantial changes in circumstances that would
result in new or substantially more severe impacts or meet any other standards in Public
Resources Code Section 21166 and related CEQA Guidelines Sections 15162 and 15163.
Therefore, no further environmental review is required under CEQA for the Development
Agreement. All previously adopted mitigation measures will apply to the proposed Project and
project site under the Development Agreement as applicable.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A to the
Ordinance) and authorizes the City Manager to execute it.
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 BY this 1 st day of March, 2011 by the folfowing
votes:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST• , ~~
City Clerk
Ord No. 2-11, Adopted 3-1-11, Item 4.4 Page 3 of 3
~
~..-
Mayor
10 ~3~3
~~ ° ~
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
DEVELOPMENT AGREEMENT
BETWEEN THE
C{TY OF DUBLIN
AND
JAMES TONG AND MEI FONG TONG
FOR THE PROMENADE AT DUBLIN RANCFi PROJECT
~ EXHIBIT A TO
ATTACHMENT 2
'? ~.~.~
THIS DEVELOPMENT AGREEMENT (this "Agreement" or this
"Development Agreement") is made and entered in the City of Dublin on this
day of , 2011, by and between the CITY OF DUBLIN, a Municipal
Corporation (hereafter "C1TY") and James Tong and Mei Fong Tong (hereafter
"DEVELOPER") pursuant to the authority of §§ 65864 et seq. of the California
Government Code and Dublin.Municipal Code, Chapter 8.56. CITY and
DEVELOPER are, from time-to-time, individually referred to in this Agreement as
a"Party," and are collectively referred to as "Parties."
~ RECITALS
A. Califo~nia Government Code §§65864 et seq. ("Development
Agreement Statute") and Chapter 8.56 of the Dublin Municipal Code (hereafter
"Chapter 8.56") authorize the CITY to enter into a Development 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 intends to purchase, desires to develop, and holds
an equitable interest in certain real property consisting of approximately 23.46
acres of land, located in the City of Dublin, County of Alameda, State of
California, which is more particularly described in Exhibit A attached hereto and
incorporated herein by this reference, and which real property is hereafter called
the "Property."
C. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property. The Eastern
Dublin Specific Plan requires DEVELOPER to enter into a development
agreement as a condition of the development of the Property.
D. The Property is within Area G, which is subject to.a Master
Development Agreement between the City of Dublin and the Lins dated June 29,
1999 and recorded in Official Records Alameda County on July 8, 1999 as
Instrument No. 99251790, and a Supplemental Development Agreement
between the City of Dublin and the Lins dated April 18, 2000 and recorded in
Official Records of Alameda County on November 13, 2000 as Instrument No..
200335772.
E. DEVELOPER proposes the development of the Property, which
property is approximately 23.46 acres, and DEVELOPER proposes to develop an
initial phase of the project on approximately 3.72 gross acres, consisting of two
commercial structures totaling approximately 82,864 square feet and a four-level
parkirig structure ("the lnitial Phase"). At a later date, DEVELOPER will develop
the remaining portions of the Property. The Initial Phase and the remaining
phase or phases of the development are collectively referred to as "the Project."
Dublin/James and Mei Fong Tong Development Agreement Page 2 of 17
for the Promenade at Dublin Ranch Project
~ ~3
~
F. DEVELOPER, or its predecessor in interest, has applied for, and
CITY has approved or is processing, various land use approvals in connection
with the deveiopment of the Project, including, without limitation, a Stage 1 and
Stage 2 Development Plan for Area G(Ord. No. 06-00); and Site Developrrient
Review and a Conditional Use Permit (Planning Commission Resolution No. 09-
29) and a vesting tentative map (Community Development Director Resolution
No. 09-10). All such approvals collectively, together with any. approvals or
permits now or hereafter issued with respect to the Project are referred to as the
"Project Approvals."
G. Development of the Property by DEVELOPER may be subject to
certain future discretionary approvals, which, if granted, shall automatically
become part of the Project Approvals as each such approval becomes effective.
It is specifically anticipated that the Project will require additional site
development review approvals for the remaining pads in the shopping center.
H. CITY desires the timely, efficient, orderly and proper development
of the Project.
I. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with
the Development Agreement Statute and Chapter 8.56.
J. 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.
K. Pursuant to the California Environmental Quality Act (CEQA) the
City Council adopted Resolution No. 157-06 finding that the Project is within the
scope of the Final Environmental Impact Report for the Eastern Dublin Generaf
Pian Amendment and Specific Plan (SCH 91103064) which was ce~tified by the
Council by Resolution No. 51-93 and the Addenda dated May 4, 1993 and
August 22, 1994 (the "EIR").
L. Pursuant to CEQA the City Council adopted Resolution No. 34-00
approving a Mitigated Negative Declaration for Area G(SCH #99112041) (the
"Mitigated Negative Declaration").
~ M. Pursuant to CEQA, the City approved an Addendum to the EIR and
the Mitigated Negative Declaration, dated July 14, 2009, for the Froject, which
includes this Developmenf Agreement.
N. On , the City Council of the City of Dublin adopted
Dublin/James and Mei Fong Tong Development Agreement Page 3 of 17
for the Promenade at Dublin Ranch Project
I~ ~3
~
~ Ordinance No. approving this Development Agreement ("the Approving
Ordinance"). The Approving Ordinance will take effect on "~ ("the
Approval 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
Description of Property.
The Property that is the subject of this Agreement is described in Exhibit A
attached hereto.
2. Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it is
the owner of the property,
~
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by the City and Developer and that the Developer is
not an agent of the City. The City and Developer hereby renounce the existence
of any #orm of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer joint venturers or partners.
4. Effective Date and Term.
4.1. Effective Date. The effective date of this Agreement shalf be the
Approval Date.
4.2. Term. The term of this Agreement shall commence on the
Effective Date and extend five (5) years thereafter, unless said term is otherwise
terminated or modified by circumstances set forth in this Agreement.
5. Use of the Property.
5.1. . Riqht to Develop. .Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
~Agreement, the Project Approvals (as and wfien issued), and any amendments
to any of them as shall, from time to time, be approved pursuant to this
Agreement (s~ch amendments once effective shall become part of the law
Developer is vested into without an additional amendment of this Agreement).
Dublin/James and Mei Fong Tong Development Agreement Page 4 of 17
for the Promenade at Dublin Ranch Project
~~ 33
~
5.2. Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by the City) and other terms and conditions of development applica6le
to the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
.5.3. Additional Conditions. Provisions for the foltowing ("Additional
Conditions") are set forth in Exhibit B attached hereto and incorporated herein by
reference.
5.3,1. Subse uent Discretiona A rovals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
other approvals from regulatory agencies.)
Not Applicable
5.3.2. Miti~ation Conditions. Additional or modified conditions
agreed upon by the parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3. Phasing, Timinq. Provisions that the Project be constructed.
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5.3.4. Financing P1an. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5. Fees, Dedications. Terms relating to payment of fees or
dedication of property. ~
~ See Exhibit B
5.3.6. Reimbursement. Terms relating #o subsequent
reimbursement over time for financing of necessary public facilities.
Dublin/James and Mei Fong Tong Development Agreement Page 5 of 17
for the Promenade at Qublin Ranch Project
15 .~3
~
See Exhibit B
5.3.7. Miscellaneous. Miscellaneous terms.
Not applicable.
6. A~plicable Rules, Re. ulations and Official Policies.
6.1. Rules re Permitted Uses. For the term of this Agreement, the City's
ordinances, resolutions, rules, regulations and official policies governing the
permitted uses of the Property, governing density and intensity of use of the
Property and the maximum height, bulk and size of proposed buildings shall be
those in force and effect on the Effective Date of the Agreement.
6.2. Rules re Desiqn and Construction. Unless otherwise expressly -
provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules,
regulations and official policies governing design, improvemerit and construction
standards and specifications applicable to the Project shall be those in force and
effect at the time of the applicable discretionary approval, whether the date of
that approval is prior to or after the date of #his Agreement. 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 discretionary approval, whether date of approval is prior to or after
the date of this Agreement.
6.3. Uniform Codes Applicable. Unless expressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance
with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and
Fire Codes and Title 24 of the California Code of Regulations, relating to Building
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the.Pro}ect.
Dublin/James and Mei Fong Tong Development Agreement Page 6 of 17
for the Promenade at Dublin Ranch Project
1~ ~~3
7. Subsequently Enacted Rules and Requlations.
7.1. New Rules and ReQUlations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the Effective Date of this Agreement and which are not in conflict with those
appficable to the Property as set forth in this Agreement if: (a) the application of
such new or modified ordinances, resolutions, rules, regulations or official
policies would not prevent, impose a substantial financial burden on, or materially
delay development of the Property as contemplated by this Agreement and the
Project Approvals and (b) if such ordinances, resolutions, rules, regulations or
official poiicies have general applicability.
7.2. Approval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent land use permit
or authorization for the Project on the basis of such new or modified ordinances,
resolutions, rules, regulat'ions and poficies except that such subsequent actions
shall be subject to any conditions, terms, resfrictions, and requirements expressly
set forth herein.
7.3. Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other. measure
is enacted, whether by action of the City, by initiative, referendum, or otherwise,
that imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property,
the City agrees that such ordinance, resolution or other measure shall not apply
to the Project, the Property, this Agreement or the Project Approvals unless fhe
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in Government Code § 8558.
8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1. Fees, Exactions, Dedications The City and Developer agree that
the fees payable and exactions required in connection with the development of
the Project for purposes of mitigating environmental and other impacts of the
Project, providing infrastructure for the Project and complying with the Specific
Plan shall be those set forth in the Project Approvals and in this Agreement
(including Exhibit B). The City shall not impose or require payment of any other
fees, dedications of land, or construction of any public improvement or facilities,
shall not increase or accelerate existing fees, dedications of land or construction
of public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the ~
Project Approvals and.this Agreement (including Exhibit.B, subparagraph 5.3.5).
DublinlJames and Mei Fong Tong Development Agreement . Page 7 of 17
for the Promenade at Dublin Ranch Project ~
i~ ~~
~,
8.2. Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1 } such fees have general applicability; (2) the
application of such fees to the Property is prospective only; and (3) the
application of such fees would not prevent, impose a substantial financial burden
on, or materially delay development in accordance with this Agreement.
8.3. New Taxes. Any subsequently enacted city-wide taxes shall appiy
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development :
in accordance with this Agreement.
8.4. Assessments. Nothing herein shall be eonstrusd to relieve the
Property from assessments levied against it by the City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services.
which benefit the Property.
8.5. Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution and Developer does not return its ballot, Developer
agrees, on behalf of itself and its successors, that the City may count
Developer's ballot as affirmatively voting in favor of such assessment, fee or
charge.
9. Amendment or Cancellation.
9.1. Modification Because of Conflict with State or Federal Laws. In the
event that state or federal laws or reguiations enacted after the Effective Date of
this Agreement prevent or preclude compliance with one or more provisions of
this Agreement or require changes in plans, maps or permits approved by the
City, the parties sha11 meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation..
Any such amendment or suspension of the Agreement shall be subject to
approval by the City Councit in accordance with Chapter 8.56:
9.2. Amendment bv Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the parties hereto and in
accordance with the procedures of State law and Chapter 8.56.
9.3. Insubstantial Amendments. Notwithstanding the provisions of the
preceding paragraph 9.2, any amendments to this Agreement which do not relate
to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted
uses. of the Property as provided in paragraph 5.2; (c) provisions for "significant"
reservation or dedication of land as provided in Exhibit B;,(d) conditions, terms,
restrictions or requirements for subsequent discretionary actions; (e) the density
or intensity of use of the Project; (fl the maximum height or size. of proposed
Dublin/James and Mei Fong Tong Development Agreement Page 8 of 17
for the Promenade at Dublin Ranch Project
i~~ .~3
buildings; or (g) monetary contributions by Developer as provided in this
Agreement, shall not, except to the extent otherwise required by law, require
notice or public hearing before either the Planning Commission or the City
Council before the parties may execute an amendment hereto. The City's Public
Works Director shall determine whether a reservation or dedication is
"significant".
9.4. Amendment of Project Approvals. Any amendment of Project
Approvals relating to: (a) the permitted use of the°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 of the Project; (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. Such
amendment shall be limited to those provisions of this Agreement which are
implicated by the amendment of the Project Approval. Any other amendment of
the Project Approvals, or any of them, shall not require amendment of this
Agreement unless the amendment of the Project Approval(s) relates specifically
to some proyision of this Agreement.
9.5. Cancellation bv Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit
B of this Agreement prior to the date of cancellation shall be retained by the C+ty.
10. Term of Project Approvals.
10.1. Pursuant to California Government Code Section 66452.6(a}, the
term of the vesting tentative map described in Recital F above shall automatically
be exter-ded far the term of this Agreement. The term of any other Project
Approval shall be extended only if so provided in Exhibit B.
11. Annual Review.
11.1. Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2011 and thereafter between each July 15 and
August 15 during the Term.
11.2. Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
Dublin/James and Mei Fong Tong Development Agreement Page 9 of 17
for the Promenade at Dublin Ranch Project
)~j 33
~
demonstrate gaod faith compliance with the provisions of the Agreement. The
burden of proof by substantial evidence of compliance is upon the Developer.
11.3. Staff Reports, To the e~ent practical, the City shall deposit in the
mail and fax to Developer a copy of all staff reports, and related exhibits
concerning contract performance at least five (5) days prior to any annual review.
11.4. Costs. Costs reasonably incurred by the City in connection with the
annual review shall be paid by Developer in accordance with the City's scheduie
of fees in effect at tlie time of review.
12. Default.
12.1. Other Remedies Available. Upon the occurrence of an event of
default, the parties may pursue all other remedies at law or in equity which are
not otherwise provided for in this Agreement or in the City's regulations
governing development agreements, expressly including the remedy of specific
performance of this Agreement.
12:2. Notice and Cure. Upon the occurrence af an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30j days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulti~g party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3. No Damaqes Aqainst City. Notwithstanding anything to the
contrary contained herein, in no event shall damages be awarded against the
City upon an event of default or upon termination of this Agreement.
Dublin/James and Mei Fong Tong Development Agreement Page 10 of 17
for the Promenade at Dublin Ranch Project
o~ 3 3
~
13. Estopael Certificate.
13.1. Either party may, at any time, and from time to time, request written
notice from the other party requesting such party to certify in writing that, (a) this
Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in writing,
or if so amended, identifying the amendments, and (c) to the knowledge of the
certifying party the requesting party is not in default in the performance of its
obligations under this Agreement, or if in default, to describe therein the nature
and amount of any such defaults. A party receiving a request hereunder shal{
execute and return such certificate within thirty (30) days following the receipt
thereof, or such longer period as may reasonably be agreed to by the parties.
City Manager of the City shall be authorized to execute any certificate requested~
by Developer. Should the party receiving the request not execute and return
such certificate within the applicable period, this shall not be deemed to be a
default, provided that such party shall be deemed to have certified that the
statements in clauses (a) th~ough (c) of this section are true, and any party may
rely on such deemed certification.
14. - Mort~aqee Protection; Certain Riqhts of Cure.
14.1. Mortqaqee Protection. This Agreement shalf be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or morkgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, but all the terms and conditions contained in this Agreement~shall be
binding upon and effective against any person or entity, iricluding any deed of ~
trust beneficia .ry or mortgagee ("Mortgagee") who acquires title to the Property, or
any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or
otherwise.
14.2. Mortqagee Not Obliqated. Notwithstanding the provisions of
Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improverrients, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement. .
14.3. Notice of Default to Mortqaqee and Extension of RiQht to Cure. If
the City receives notice from a Mortgagee requesting a copy of any~notice of
Dublin/James and Mei Fong Tong Qevelopment Agreement Page 11 of 17
for the Promenade at Dublin Ranch Project
~~ ~~ 3
default given Developer. hereunder and specifying the address for service
thereof, then the City shall deliver to such Mortgagee, concurrently with service
thereon to Developer, any notice given to Developer with respect to any claim by
the City that Developer has committed an event of default. Each Mortgagee shall
have the right during the same period available to Developer to cure or remedy,
or to commence to cure or remedy, the event of default claimed set forth in the
City's notice. The City, through its City Manager, may extend the thirty-day cure
period provided in paragraph 12.2 for not more than an additional sixty (60) days
upon request of Developer or a Mortgagee.
15. Severabilitv.
15.1. The unenforceabilify, invalidity or illegality of any provisions,
covenant, condition or term of this Agreement shall not render the other
provisions unenforceable, invalid or illegal.
16. Attorneys' Fees and Costs.
16.1. If the City or Developer.initiates any action at law or in equity to
enforce or interpret the terms and conditions of this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees and costs in addition
to any other relief to which it may otherwise be entitled. If any person or entity
not a party to this Agreement initiates an action at law or in equity to challenge
the validity of any provision of this Agreement or the Project Approvals, the
parties shall cooperate in defending such action. Developer shalf bear its own
costs of defense as a real party in interest in any such action, and shall
reimburse the City for all reasonable court costs and attorneys' fees expended by
the City in defense of any such action or other proceeding.
17. Transfers and Assiqnments.
17:1 Riqht to Assiqn. Developer may wish to sell, transfer or assign all
or portions of its Property to other developers (each such other developer is
referred to as a"Transferee"). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of Developer arising
hereunder arid that pertain to the portion of the Property being sold or
transferred, to such Transferee, provided, however, that: no such transfer, sale or
assignment of Developer's rights, interests and obligations hereunder slia(I occur
without prior written notice to City and approval by the City Manager, which
approva! shall not be unreasonably withheld or delayed.
17.2 Approval and Notice of Sale, Transfer or Assiqnment. The City
Manager shall consider and decide on any transfer, sale or assignment within ten
(10) days after Developer's notice, provided all necessary documents,
certifications and other information are provided to the City Manager to enable
Dublin/James and Mei Fong Tong Development Agreement Page 12 of 17.
for the Promenade at Dublin Ranch Project
a~~~~
the City Manager to determine whether the proposed Transferee can perform the
Developer's obligations hereunder. Notice of any such approved sale, transfer or
assignment (which includes a description of all rights, interests and obligations
that have been transferred and those which have been retained by Developer)
shall be recorded in the official records of Alameda County, in a form acceptable
to the City Manager, concurrently with such sale, transfer or assignment.
17.3 Release Upon Transfer. Upon the transfer, sale, or assignment of
all of Developer's rights, interests and obligations hereunder pursuant to
Paragraph 17.1 of this Agreement, Developer shall be released from the
obligations under this Agreement, with respect to the Property transferred, sold,
or assigned, arising subsequent to the date of City Manager approval of such
transfer, sale, or assignment; provided, however, that if any transferee,
purchaser, or assignee approved by the City Manager expressly assumes al! of
the rights,~ interests and obligations of Developer under this Agreement,
Developer shall be released with respect to all such rights, interests and
assumed obligations. In any event, the transferee, purchaser, or assignee shall
be subject to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval.
17.4 Developer's Riaht to Retain Sqecified Riqhts or Obliqations.
Notwithstanding Paragraphs 17.1 and 17.2 and Paragraph 18, Developer may
withhold from a sale, transfer or assignment of this Agreement certain rights;
interests and/or obligations which Developer shall retain, provided that Developer
specifies such rights, interests and/or obligations in a written document to be
appended to this Agreement and recorded with the Alameda County Recorder
prior to the sale, transfer or assignment of the Property. Developer's purchaser,
transferee or assignee shall then have no interes# or obligations for such rights,
interests and obligations and this Agreement shall remain applicable to
Developer with respect to such retained rights, interests and/or obligations.
17.5 Termination of Aqreement Upon Sale of Individual Lots to Public.
Notwithstanding any provisions of this Agreement to the contrary, the burdens of.
this Agreement shall terminate as to any lot which has been finally subdivided
and individually (and not.in "bulk") leased (fo~ a periocl of longer than one year) or
sold to the purchaser or user thereof and thereupon and without the execution or
recordation of any further document or instrument such lot shall be released from
and no longer be subject to or burdened by the provisions of this Agreement;
provided, however, that the benefits of this Agreement shall continue to run as to
any such lot until a building is constructed on such lot,.or until the termination of
this Agreement, if earlier, at which time this Agreement shall terminate as to such
lot. ~
18. Aqreement Runs with the Land.
Dublin/James and Mei Fong Tong Development Agreement . Page 13 of 17
for the Promenade at Dublin ftanch Project
~ ~ ~ ,~
~
18.1 Ail of the provisions, rights, terms, covenants, and obligations
contained in this Agreement shall be binding.upon the Parties and their
respective heirs, successors and assignees, representatives, lessees, and all
other persons acquiring the Property, or any portion thereof, or any interest
therein, whether by operation of law or in any manner whatsoever. All of the
provisions of this Agreement shall be enforceable as equitable servitude and
shall constitute covenants running with the land pursuant to applicable laws,
including, but not limited to, Section 1468 of the Civil Code of the State of
California. Each covenant to do, or refrain from doing, some act on the Property
hereunder, or with respect to any owned property, (a) is for the benefit of such
properties and is a burden upon such properties, (b) runs with such prope~ties,
and (c) is binding upon each party and each successive owner during its
ownership of such properties or any portion thereof, and shall be a benefit to and
a burden upon each party and its property hereunder and each other person
succeeding to an interest in such properties.
19. Bankruptcv.
19.1. The obligations bf this Agreement shall not be dischargeable in
bankruptcy.
20. Indemnification.
Developer agrees to indemnify, defend and hold harmless the City, and its
elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors,
subcontractors, agents, or employees in connection with the construction,
improvement, operation, or maintenance of the Project, provided that Developer
shall have no indemnification ob{igation with respect to negligence or wrongful
conduct of the City, its contractors, subcontractors, agents or employees or with
respect to tiie maintenance, use or condition of any improvement after the time it
has been dedicated to and accepted by the City or another public entity (except
as provided in an irriprovement agreement or maintenan'ce bond). If City is
named as a party to any legal action, City shall cooperate with Developer, shall
appear in such action and shall not unreasonably withhold approval of a
settlement otherwise acceptable to Developer.
21. Insurance.
21.1. Public Liabilitv and Property Damaqe Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than one million dollars ($1,000,000.00) with a One Hundred Thousand Dollar
Dublin/James and Mei Fong Tong Development.Agreement Page 14 of 17
for the Promenade at Dublin Ranch Project
~~ ~33
~
($100,000) self insurance.retention per claim. The policy so maintained by
Developer shall name the City as an additionai insured and shall include either a
severability of interest clause or'cross-liability endorsement.
21.2. Workers Compensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for.all
persons employed by Develaper for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. DeveVoper agrees to
indemnify the City for any damage resulting from Developer's failure to maintain .
any such insurance.
21.3. Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish the City satisfactory evidence of the
insurance required in Sections 21.1 and 21.2 and evidence that the carrier is
required to give the City at least fifteen days prior written notice of the
cancellation or reduction in coverage of a policy. The insurance shall e~end to
the City, its elective and appointive boards, commissions, officers, agents,
employees and representatives and to Developer performing work on the Project.
22, Sewer and Water.
22.1. Developer acknowledges thaf it must~obtain water and sewer
permits from ttie Dublin San Ramon Services District ("DSRSD") which is another
public agency not within the control of the City.
23. Notices.
23.1. All notices required or provided #or under.this Agreement shall be in
writing. Notices required to be given to the City shall be addressed as foflows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
James and Mei Fong Tong
c/o Charter Properties
4690 Chabot Drive, Suite 100
Pleasanton, CA 94588
Attn: James Tong
Fax No. (925) 463-1861
Dublin/James and Mei Fong Tong Development Agreement Page 15 of 17
for the Promenade at Dublin Ranch Project
a~ ~3
~~
A party may change address by giving notice in writing to the other party
and thereafter all notices shall be addressed and transmitted to the new address.
N.c~tices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the Unifed States Mail.
Notices may also be given by overnight courier which shall be deemed given the
following day or by facsimile.transmission which shall be deemed given upon
verification of receipt.
24. Aqreement is Entire Understandinq.
This Agreement constitutes the entire understanding and agreement of the
parties. ~
25. Exhibits.
The following documents are r.eferred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
26. Counterparts.
This Agreement is executed in three (3) duplicate originals, each of which
is deemed to be an original.
27. Recordation. ~
The City shall record a copy of this Agreement within ten (10) days
following execution by all parties.
[Execution Page Follows]
Dublin/James and Mei Fong Tong Development Agreement Page 16 of 17
for the Promenade at Dublin Ranch Project `
, ` ~ ~3
~
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and jrear first above written.
CITY OF DUBLIN
By:
Attest:
Joni Pattilfo, City Manager
Caroline Soto, City Clerk
Approved as to form
John Bakker, City Attorney
1524251.3
(NOTARIZATION ATTACHED)
Dublin/James and Mei Fong Tong Development Agreement Page 17 of 17
for the Promenade at Dublin Ranch Project
~ _
i" r~
M i Fong ang
~2`1 -~3
~
_~~~..a~~~~~~ ~~~.~~~~~~~ ~~~~~~~.~~~~~~~
State of California ~
County of ~"~~~~~
On~crnvQllu 10 ~-Ol~ before me, ~Cc2C~ ~-~ CS~ir~OSC~
~ ate Here Insert Name and Title of the Oflicer
personally appeared ~~~-PS ~~n~! a c/ /~~°~ ~/7C1 /Ui"7C/
Name(s) of Signer(s)
DARA L. ESPiNOSA
COMM. #1910442 z
~ e+ Notary Public • Califomia j°
_ ~ Alameda County ~
M Comm. E ires Oct. 25, 2p14
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) iefare
subscribed to the within instrument and acknowledged
to me that -#ae{s~/they executed the same in
~+s~ef/their authorized capacity(ies), and that by
#is~k~er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
~ WITNESS y h nd and o icial seal.
Signature: ~ '~-~
Place Notary Seal and/or Slamp Above ~ ature of fVot ry Public
OPTIOIV~4L
Though the information below is not requrred by law, it may prove valuable to persons relying on the document
and could prevent fraudulenf remova! and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _ ~~ v~ ~ b~ YY~ L t~ {~ ~~j tiQ.2. YY1.,~1~ 'f-
Document Date:/GrnUCI/LU ~0 ~D1/ Number of Pages: ~ 7
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
^ Corporate Officer = Title(s):
^ Individual -
.
^ Partne'r -^ Limited O General Top of thumb here
^ Attorney in Fact
^ Trustee
~ Guardian or Conservator
^ Other:
Signer Is Representing:
Signer's Name:
^ Corporate Officer - Title(s):
^ Individual
0
^ Partner - ~ Limited ^ General 7op of thumb here '
O Attorney in Fact
^ Trustee
^ Guardian or Conservaior
^ Other:
Signer Is Representing:
~2008 Nalional No[ary Association • 9350 De Soto Ave., P.O. Box 2402 • Ghatsworth, CA 913134402 • www.NationalNotary.org Item N5907 Reorder. Call Toll-Free 1-800-876-fiB27
~-~ ~3
Exhibit A -~
Legal Description of Property
Parcel Map 9717, recorded November 6, 2009, in Book 314, at Pages 74 through
77, Alameda County Records.
~ 33
~
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparaqraph 5.3.1 = SubseQUent Discretionarv Approvals
None.
Subparaqraph 5.3.2 - Mitiqation Conditions
Subsection a. Infrastructure Sequencinp Proqram
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in the City Resolution approving a vesting tentative map
(the "VTM Resolution") and the City Resolution approving Site Development
Review (the "SDR Resolution") shall be completed by DEVELOPER to the
satisfaction and requirements of the Public Works Director at the times and in the
manner specified in the VTM Resolution and SDR Resolution unless othenrvise
provided below.
(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 available 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.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map ~conditions of approval.
Dublin/James and Mei Fong Tong Development Agreement Page 1 of 5
For the Promenade at Dublin Ranch Project-EXHIBIT B
~
~0~p 3 3
l)
(iv) ~ Storm Drainaqe.
(A) General. 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 City's and
Zone 7(Alameda County Flood Control and Water Conservation District, Zone 7)
standards and policies which. are in force and effect at the time of issuance of the
permit for the proposed improvements. Pursuant to Alameda County's National
Pollution Discharge Elimination Permit (NPDES) No. CAS0029831 with the
California Regional Water Quality Control Board, or pursuant to subsequent
permits adopted by the Board, all grading, construction and development
activities within the City of Dublin must comply with the provisions of the Clean
Water Act. Proper erosion contro! measures must be installed at development
sites within the City during construction, and all activities shall adhere to Best
Management Practices.
(v) Other Utilities (e.q. qas, etectricity, cable televisions,
• telephone).
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 Public Works Director ttiat assures completion, allow
Developer to defer completion of discrete portions of any public improvements for
the Project if the Public Works Director determines that to do so would not
jeopardize the public health, safety or welfare.
Subparac~raph 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
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.
Dublin/James and Mei Fong Tong Development Agreement Page 2 of 5
For the Promenade at Dublin Ranch Project-EXHIBIT B
~I 33
~
Subparaqraph 5.3.4 - Financinq Plan
Developer will install all improvements 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 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
Subsection a. Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 40-10, including any 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 Impact 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 and by any
subsequent resolution which 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.
Developer shall pay a Public Facilities Fee established by City of Dublin
Resolution No. 214-02, including any 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.
Dublin/James and Mei Fong Tong Development Agreement Page 3 of 5
For the Promenade at Dublin Ranch Project-EXHIBIT B
~ ~3 3
Subsection•d. Noise Mitiqation Fee.
Developer shall pay a Noise Mitigation Fee established by City.of Dublin
Resolution No. 33-96, including any 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
Government 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 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 q. Tri-Vallev 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. Traffic Impact Fee Improvements - Credit
The City shall provide a credit against Eastern 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 governed
by the TIF Guidelines.
Subsection b.
Traffic Impact Fee Riqht-of-Wav Dedications -
Credit
The City shall provide a credit against Eastern Dublin Traffic Impact Fees
to Developer for any TIF area right-of-way to be dedicated by Developer to the
Dublin/James and Mei Fong Tong Development Agreement Page 4 of 5
For the Promenade at Dublin Ranch Project-EXHIBIT B
~~ ~3 3
~
City which is required for improvements which are described~in the resolution
establishing the Eastern Dublin Traffic Impact Fee. All aspects of the credits
shall be governed by the TIF Guidelines. ~
Subparaqraph 5.3.7 - iVliscellaneous
(i) Term of Site Development Review and Conditional Use
Permit Approval.
Notwithstanding anything to the contrary in the City's Zoning
Ordinance and section 10 of this Agreement, the term of the Site Development
Review and Conditional Use Permit approval granted by the City of Dublin
Planning Commission Resolution No. 09-29, and any subsequent revision to it,
shall automatically be extended for the term of this Agreement.
Dublin/James and Mei Fong Tong Development Agreement ~ ~ Page 5 of 5
For the Promenade at Dublin Ranch Project-EXHIBIT B