HomeMy WebLinkAboutReso 111-96 HansenRanch DARESOLUTION NO. 111 - 96
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PA 96-035
AMENDMENT TO PA 91-099 HANSEN RANCH PROJECT DEVELOPMENT AGREEMENT
AND AUTHORIZING MAYOR TO EXECUTE AMENDMENT
WHEREAS, The City of Dublin and California Pacific Homes, Inc., formerly known as the
Donald L. Bren Company, previously entered into a Development Agreement for the Hansen Hill Ranch
project dated March 25, 1992; and
WHEREAS, California Pacific Homes, Inc., requests approval of a Development Agreement
Amendment to modify Condition No. (a.) of Subparagraph 5.3.2. of Exhibit "B" of City of Dublin
Development Agreement for the Hansen Hill Kanch project. The proposed modification will allow
occupancy of a limited number of homes in Phase I and for issuance of building penrats up to the 93 rd unit
prior to the completion of creek improvements, construction of the access road, and access trail referred
to in the Conditions below; and
WHEREAS, A copy of the proposed Development Agreement Amendment is attached hereto as
Attachment A; and
WHEREAS, Public hearings on the proposed Development Agreement amendment are not
required as the proposed amendment to conditions relates to timing of construction and is therefore
determined to be minor in the context of the project as a whole; and
WHEREAS, a staff report was submitted recommending approval of the proposed Development
Agreement Amendment; and
WHEREAS, The City Council has considered the staff recommendation, the Agenda Statement,
and all testimony received at the City Council meeting; and
WHEREAS, the application has been reviewed in accordance with the provisions of the California
Environmental Quality Act (CEQA) and it has been determined that there would be no possible
environmental impacts resulting from the proposed change in the Development Agreement condition, and
therefore a Notice of Exemption has been prepared pursuant to the State CEQA Guidelines, and the City
of Dublin Environmental Guidelines; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find
that:
Said Agreement is consistent with the objectives, policies, general land uses and programs specified
in the General Plan in that a) the project approvals of said Agreement include a General Plan
Amendment adopted specifically for the Hansen Hill Ranch project, and b) said Agreement furthers
the affordable housing, parks, and open space policies of the General Plan;
o
Said Agreement is compatible with the uses authorized in, and the regulations pres.cribed for the
land use district in which the real property is located in that the project approvals include a Planned
Development Rezoning adopted specifically for the Hansen Hill Ranch Project;
,
Said Agreement is in conformity with public convenience, general welfare and good land use
practice in that said Agreement will provide public access to property that was previously private
and not accessible, will provide funds for affordable housing which will improve general welfare,
and will provide land use and access that are consistent and compatible with adjacent land use;
,
Said Agreement will not be detrimental to the health, safety and general welfare in that the
development will proceed in accordance with the project' s environmental impact report and
mitigation measures; and
,
Said Agreement will not adversely affect the orderly development of property or the preservation of
property values in that the development will be consistent with the General Plan; and
o
The Amehdment to said Agreement will not have a significant adverse affect upon the content or
provisions of said Agreement in that the modifications affect the timing of construction of
improvements to the creek and open space area, and the conditions of approval address all issues
raised regarding the revised construction schedule.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 96-
035 Hansen Ranch Development Agreement Amendment as shown in Attachment A, dated September 17,
1996, and authorizes the Mayor to sign it, subject to the following conditions:
CONDITIONS OF APPROVAL:
This approval is for limited amendments to the Development Agreement approved by City Council
Ordinance 5-92. The amendments relate to the timing of construction of creek improvements, as
specified in City Council Resolution 130-89 (Condition 15), Resolution 23-95 (Conditions 10-20),
and Resolution 57-95 (Condition 51, and conditions 140-150); including a creek access road which
will provide for creek maintenance, repair, and emergency vehicle access road along the north side
of the creek, and a hiking trail in the open space area on the south side of the creek. The
amendments will affect Condition (a.) and (b.) of Subparagraph 5.3.2 of Exhibit B of the Hansen
Hill Ranch Development Agreement entered into on March 25, 1992.
o
Except as specifically modified elsewhere in these conditions, development shall conform to the
Conditions of Approval established by: City Council Resolution Nos. 20-89 and 21-89, approved
February 27, 1989, pertaining to PA 87-045 Hansen Hill Ranch General Plan Amendment and
Mitigation Monitoring Program for EIR; City Council Resolution Nos. 128-89, 129-89 & 130-89,
approved November 27, 1989, pertaining to PA 89-062 Hansen Hill Ranch Tentative Map,
Prezoning, Annexation and Mitigation Monitoring Program for the Mitigated Negative Declaration;
City Council Resolution No. 23-95 pertaining to PA 95-054 Tentative Map 5766 Amendment (for
Phase I of the project, Units 1-72), and Resolution 57-95 pertaining to PA 95-007 Tentative Map
6308 Amendment (for Phase II of the project, Units 73-180).
2
,
Approval of this Development Agreement amendment is subject to the applicant securing
administrative approval from the Community Development Director .for the proposed amendment
to related Tentative Map conditions, as provided in Section 9.4 of the Development Agreement.
Condition (a.) of Subparagraph 5.3.2 of Exhibit B of the Hansen Hill Ranch Development
Agreement, entered into on March 25, 1992, is hereby modified to read as follows:
"DEVELOPER shall construct an 8-foot wide aggregate base access trail (the "Access Trail") over
the Property along Martin Canyon Creek as described in Condition No. 76 to the CITY's approval
of the Tentative Map for PA 89-062 ("Condition 76"), and as modified in various conditions of the
City' s approval of Tentative Map Amendment for PA 94-054 and for Tentative Map Amendment
PA 95-007. The Access Trail, together with that portion of the Property lying between the fence to
be constructed by Developer pursuant to Condition 76 and the northern boundary of the Property,
shall be dedicated to the CITY for public access and maintenance purposes.
The aggregate-base access road (the "Access Road") proposed along the north side of the creek
and east of Martin Canyon Road shall be 12 feet wide, and shall be dedicated to the City with the
creek improvements, to the satisfaction of the Public Works Director and subject to the approval of
the Department of Fish and Game and the Army Corps of Engineers. The width of the Access
Road may be reduced in some limited areas where needed for tree preservation, but the Access
Road shall be no less than 8 feet wide in these limited segments.
The Access Road and Access Trail and aH creek improvements (as set forth in City Council
Resolution 130-89 (Condition 15), Resolution 23-95 (Conditions 10-20), and Resolution 57-95
(Condition 51, and conditions 140-150)for Phases 1 and 2 shah be improved and offered for
dedication to the City prior to the issuance of the 941h buildingpermit for the project (for the
22nd unit in Phase II - Tentative Map 6308). No buildingpermit for the Hansen Ranch project
shah be issued beyond the 93rd buildingpermit (for the 21st unit in Phase II - Tentative map
6308) until the foregoing improvements are completed and offered for dedication in a form
acceptable to the CITY.
The Developer shah secure the creek area with a construction fence and post signs preventing
access into the creek and open space area from nearby homes in Phase 1 in a manner acceptable
to the Community Development Director no later than October 1, 1996, or the date of final
inspection of the first unit in the project, whichever occurs first. The fence arid signs shah remain
until the foregoing improvements are completed and have been accepted by the City.
As part of the purchase agreement process, the Developer shaH provide a disclosure notice to aH
new homebuyers and/or tenants stating that additional construction will take place in and around
the creek, including the construction of an Access Road and Access Trail. The notice shall
include a waiver of any claim against the City in connection with such construction. The
disclosure notice shah be in a form acceptable to the City Attorney and shah be signed by all new
homebuyers and/or tenants and a copy provided to the City by the Developer. In addition, a
notice or informational display regarding the future construction in and around the creek shah be
visibly posted in the sales office, no later than October 1, 1996..
::.
.:
e:.
.s
.
.
SECOND AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
THE DONALD L. BREN COMPANY I CALIFORNIA PACIFIC HOMES, INC.
REGARDING THE HANSEN HILL PROJECT
THIS AMENDMENT("Amendment") dated for identification as of September 17,
1996, is entered into by and between the City of Dublin, a municipal corporation ("City"),
and California Pacific Homes, Inc. successor in interest to the Donald L. Bren Company, a
California corporation ("Developer").
;.
RECITALS
This Amendment is entered into on the basis of the following facts, intentions and
understandings of the Parties hereto:
....:
A. The Parties previously entered into that certain Development
Agreement I City of Dublin for the Hansen Hill Ranch Project dated March 25, 1992
("Development Agreement").
B. An amendment to the Agreement was executed on February 27, 1995, which
changed the name of a party to the Agreement from the Donald L. Bren Company to California
Pacific Homes, Inc., and made modifications to some of the conditions of the Agreement related
to creek improvements, an access road, and an access trail.
C. The Parties now wish to amend the Development Agreement a second time.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises set
forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties hereto
hereby agree to amend the Development Agreement as follows:
Subpara~aph 5.3.2. (a): Condition (a.) of Subparagraph 5.3.2 of Exhibit B of the Hansen Ranch
Development Agreement, entered into on March 25, 1992, is hereby modified to read as follows:
"DEVELOPER shall construct an 8-foot wide aggregate base access trail (the "Access
Trail") over the Property along Martin Canyon Creek as described in Condition No. 76 to
the CITY's approval of the Tentative Map for PA 89-062 ("Condition 76"), and as
modified in various conditions of the City's approval of Tentative Map Amendment for
P A 94-054 and for Tentative Map Amendment P A 95-007. The Access Trail, together
with that portion of the Property lying between the fence to be constructed by Developer
pursuant to Condition 76 and the northern boundary of the Property, shall be dedicated to
the CITY for public access and maintenance purposes.
ATTACHMENT A
.
.
The aggregate-base access road (the "Access Road") proposed along the north side of the
creek and east of Martin Canyon Road shall be 12 feet wide, and shall be dedicated to the
City with the creek improvements, to the satisfaction of the Public Works Director and
subject to the approval of the Department ofFish and Game and the Army Corps of
Engineers. The width of the Access Road may be reduced in some limited areas where
needed for tree preservation, but the Access Road shall be no less than 8 feet wide in
these limited segments, but the Access Road shall be no less than 8 feet wide in these
limited segments.
The Access Road and Access Trail and all creek improvements (as set forth in City
Council Resolution 130-89 (Condition 15), Resolution 23-95 (Conditions 10-20), and
Resolution 57-95 (Condition 51, and conditions 140-150)for Phases 1 and 2 shall be
improved and offeredfor dedication to the City prior to the issuance of the 94th building
permit for the project (for the 22nd unit in Phase II - Tentative Map 6308). No building
permit for the Hansen Ranch project shall be issued beyond the 93rd building permit (for
the 21st unit in Phase II - Tentative map 6308) until the foregoing improvements are
completed and offered for dedication in a form acceptable to the CITY.
The Developer shall secure the creek area with a construction fence and post signs
preventing access into the creek and open space area from nearby homes in Phase 1 in
a manner acceptable to the Community Development Director no later than October 1,
1996, or the date of final inspection of the first unit in the project, whichever occurs
first. The fence and signs shall remain until the foregoing improvements are completed
and have been accepted by the City.
As pan of the purchase agreement process, the Developer shall provide a disclosure
notice to all new homebuyers and/or tenants stating that additional construction will ..
take place in and around the creek, including the construction of an Access Road and
Access Trail. The notice shall include a waiver of any claim against the City in
connection with such construction. The disclosure notice shall be in a form acceptable
to the City Attorney and shall be signed by all new homebuyers and/or tenants and a
copy provided to the City by the Developer. In addition, a notice or informational
display regarding the future construction in and around the creek shall be visibly
posted in the sales office, no later than October 1, 1996..
The oonS1:motion wul dedioatien requireS. by this paragraph shall 0001:8" either in nv:o
phases, 60nelm'eBt 'With the two phases of projeet oonstnwaen, or the entire length of the
Assess Read shall ge constructed '\vith Phase I ef1:'Be project. .\1 a mimmum, that flertiofl
ofilia .^...GGess Road adjB0ent to ana assoeiatea \vi:ili Phase 1 shall be improves and
dedi..oatea to the City prior te OOC1:lpSBEl)' of any units in Phase 1.
When the creek area is dedicated to the city for maintenance of the public open space, the
City will accept, and be responsible for maintaining the improved Access Road, and the
2
b
."
"
-.,
.
, "
:-.':,
CALIFORNIA ALL_PURPOSeCKNOWLEDGMENT .
,~:::~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~1
".,.
....-
I
4
I
" "
County of
'I
I
,)
,.'
On
before me,
Name and T~le of Officer (e.g.. . Jane Doe, Notary Public")
Dale
personally appeared
Name(s) of Signer(s)
o personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
,~
-.
.-'
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Trtle(s):
o Partner - 0 Limited 0 General
o Attorney-in.Fact
o Trustee
o Guardian or Conservator
o Other:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
C Other:
'!
.1
,I
Top of thumb here
Top of thumb here
Signer Is Representing:
Signer Is Representing:
'1
..~_.~_~___~~_r~
'"
C 1995 National Notary Association' 8236 Remmel Ave.. P_D, Box 7184 . Canoga Park, CA 91309-7184
Prod. No. 5907
Reordero Call Toll-Free 1.800--876-6827
.
.
open space and creek areas which are accessed from the Access Road The City shall ..._' '."
determine the acceptable level of maintenance to be provided by the City. Upon
dedication, DEVELOPER shall be released from all liability for the maintenance of the
property so dedicated."
IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date and year first above written.
CITY OF DUBLIN
By:
Names:
Its:
(NOTARIZATION ATTACHED)
Approved as to form:
.
City Attorney
Attest:
City Clerk
-.,
CALIFORNIA PACIFIC HOMES, INe.
By:
Name:
Its:
(NOTARIZATION ATTACHED)
3
,.-.:
. .
, -
\. ~ . - .
g:\pa#\1996\pa96035\da-amnd,
~
. .,
.
RECEIVED
APR 17 1992
.P?
J ._
....! ..
'_ ..-; i jq :: ; j
d ..J J
--:--
..
..
f"'.!T'( ~r: nl JBLlN
::i~~;E'fi( .;:~:C~;::.
.::
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
city of DUblin, city Clerk
100 Civic Plaza Drive
P. O. Box 2340
DUblin, CA 94568
D.H.
'S2P1RR26 Pfl31~
Space above this line for Recorderls Use
DEVELOPMENT AGREEMENT
CITY OF DUBLIN
FOR THE HANSEN HILL RANCH PROJECT
THIS DEVELOPMENT AGREEMENT is made and entered in
the city of Dublin on this 25th day of March, 1992, by and
between the CITY OF DUBLIN, a Municipal Corporation
(hereinafter referred to as IIcityll), and DONALD L. BREN
COMPF~Y, a California corporation (hereinafter referred to
as IIDeveloperll) I pursuant to the authority of ~S 65864 et
seo. of the California Government Code and city of Dublin
Ordinan~e No. 8-91.
.
RECITALS
A. California Government Code SS 65864 et ~.
and Dublin Ordinance No. 8-91 authorize the CITY to enter
into an Agreement for the development of real property with
any person having a legal or equitable interest in su~h
property in order to establish certain development rights in
such property; and
B. DEVELOPER desires to develop and holds legal
interest in certain real property consisting of
approximately 147 acres of land, located in the City of
DUblin, County of, Alameda, State of Califo+nia, which is
more particularly described in Exhibit A attached hereto and
incorporated herein by this reference, and which real
property is hereinafter called the "Propertylli and
C. DEVELOPER proposes the development af the
Property with 180 single-family homes (the nprajectll) i and
'.
,,'.'
, , '
HANSEN AGREEMENT
February 28, 1992
''-
1
J;)..
ATTACHMENT 2
:.-.
..&.:"'. -
..
--. .
r:... .-.
.::'
." .-
/3
.
.
~20S1S50
."w_
D. DEVELOPER has applied for, and CITY has
approved, various land use approvals in connection with the
development of the Project, including a general plan
amendment (Res. No. 021-89), a planned development prezoning
(Res. No. 129-89), a tentative map (Res. No. 130-89), site
development review, and a conditional use permit (planning
commission Resolution No. 92-013) (collectively, together
with any approvals or permits now or hereafter issued with
respect to the project, the "Project Approvals"); and
E. On AUgust 27, 1990, the CITY duly ordered the
annexation of the Project, formerly located in an
unincorporated area, to the CITY's jurisdiction, which
annexation was effective on May 23, 1991.
t. CITY desires the timely, efficient, orderly
and proper development of said project; and
G. The city council has found that, among other
things, this Development Agreement is consistent with its
General Plan and has been reviewed and evaluated ~n
accordance with Dublin Ordinance No. 8-91; and
H. CITY and DEVELOPER have reached agreement and
desire to express he~ein a Development Agreement that will
facilitate development of the project subject to conditions
set forth herein.
I. On February 24, 1992, the city council of the.
city of Dublin adopted ordinance No. 5-92 approving this
Development Agreement. The ordinance took effect on March
25, 1992;
J. An Environmental Impact Report and Addendum
were prepared for a general plan amendment ("General Plan
EIR"), which docUJIlents were certified by the city council of
CITY as being complete for the general plan amendment
entitled the "Hansen Hill Ranch General Plan Amendment" by
Resolution No. 19-89 on February 27, 1989. A mitigation
monitoring program covering the general plan amendment was
approved by the city council on February 27, 1989 by
Resolution No. 20-89. On November 27, 1989, the city
council adopted Resolution No. 127-89, approving a mitigated
negative declaration for the Project, consisting of l80
residential lots on a 147-acre site. On February 10, 1992,
1992, the city council adopted a negative declaration for
this Development Agreement! by Resolution No. 10-92.
a~SEN AGREEMENT
February 28, 1992
2
.
.
~::031S50
'""-.
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
l. Description of Propertv.
The Property which is the subject of this
Development Agreement is described in Exhibit A attached
hereto ("Property").
2. Interest of Developer.
The DEVELOPER has a legal or equitable interest in
the Property in that it owns the Property in fee title.
3. Relationship of citv and Develoner.
3.l It is understood that this Agreement is a
contract that has been negotiated and vOluntarily ente~ed
into by CITY and DEVELOPER and that the DEVELOPER is not an
agent of CITY.
::.
. ~..
." w."
, "
3.2 The CITY and DEVELOPER hereby renounce the
existence of any form 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.~ The effective date of this Agreement shall be
the date upon which this Agreement is recorded in the Office
of the Alameda County Recorder.
4.2 The initial term of this Development Agreement
shall commence on the effective date and extend eight
(8) years thereafter, unless said term is otherwise
terminated, modified or extended by circumstances set forth
in this Agreement. This Agreement shall terminate upon
completion of construction of all 180 units and the
periormance of the conditions set forth in Exhibit B. Upon
request of DEVELOPER, CITY will record a document evidencing
termination of this Agreement.
4.3 If Developer has exercised reasonable
diligence to obtain, but has been unable to obtain, water
hOOk-Ups and sewer connections providing adequate water and
,c.
. ~ .
.,".
HANSEN AGREEMENT
F~bruary 28, 1992
.-I
3
III
" '
.
.
9Z091550
-:-:.
,'.
,,:, - .
....'
sewer service to the ?roject by the date that is one hundred
eighty (180) days prior to the date of expiration of this
Agreement, then, so long as Developer continues to exercise
such reasonable diligence during such lBO-day period, at the
conclusion of the te~ of this Agreement, this Agreement
shall automatically be extended one day for each additional
day that Developer is unable to obtain such adequate water
hook-ups and sewer connections, provided that in no event
shall this Agreement be extended for more than two (2)
years.
5. Use of the Propertv.
5.1 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 when issued), and any amendments to any of
them as shall, from time to time, be approved pursuant to
this Agreement.
.
:"..'.' .'
. ~.. . .
. .-. .
5.2 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 loc~~ion and
maintenance of on-site and Qff~site improvements-,--iocation
of public utilities ~.,d 'other terms and c6n9J,~igDs--_Q,f
devel~p~~n:t:_ .ap.Q.~ica~,le to ,.tne:t>rbperi'y-,-'-shall be. thol$JL set
t orth ~tl1.is_ A9:::J~~lDel?-~' _the Proj ect API?rovals and any
amenClments to thls Agreement or the ProJect Approvals.
5.3
Conditions" )
incorporated
provisions for the following ("Additional
are serforth in EXhibit B attached hereto
herein by reference.
and
5.3.1 Conditions, terms, restrictions,
reguirements for subsequent discretionary actions.
conditions do not affect Developer's responsibility
obtain all other land use approvals required by the
ordinances of the city of Dublin.
5.3.2 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.
and
These
to
.::'.
5.3.3 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.
."-::"->, -
HANSEN AGREEMENT
February 28, 1992
4
IS
'.
.
~2091S50
5.3.4 Terms relating to subsequent
reimbursement over time for financing of necessary pUblic
facilities.
5.3.5 Terms relating to payment of fees.
6. Applicable Rules. Reaulations and Official
Policies.
..
6.1 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
this Agreement.
~
6.2 Unless expressly provided in Paragraphs 5
and/or 6.1 of this Agreement, the ordinances, resolutions,
rules, regulations and official policies governing design,
improvement and construction standards and specifications
applicable to the Project, including but not limited to, all
public improvements, shall be those in force and effect at
the time of the applicable permit approval.
6.3 Unless eA~ressly provided in Paragraph 5 of
this Agreement, the Project shall be constructed in
accordance with the provisions of the Uniform Building,
Mechanical, Plumbing, and Electrical 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 Project. .
7. Subseauentlv Enacted Rules and Reaulations.
7.1 The CITY may, hereafter, during the term of
this Agreement, apply such newer enacted or modified
ordinances, resolutions, rules, regulations and official
policies of the city which are not in conflict with those
annlicable to the PrODert as set forth in this A ee~e t
and app lca~lon of w ic wou not preven~ or materlally
delay development of the Property as contemplated by this
Agreement and the Project Approvals.
7.2 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, regulations and policies except that such subsequent
I~
HANSEN AGREEMENT
February 28, 1992
5
.'"
, ,
I
I
/
I
I
,
.
'.::.
~:.;.
: ;.:: ".. ~-
::~.
- ....
.'
.;.ow.
J'l
.
.
92091550
actions shall be subject to any conditions, terms,
restrictions, and requirements expressly set forth herein.
....
"
7.3 Notwithstanding anything to the contrary
contained herein, in the event an ordinance, resolution or
other measure is enacted, whether by action of CITY, by
initiativet referendum, or otherwise, that imposes a
building moratorium which affects the project on all or any
part of the Property, CITY agrees that such ordinance,
resolution or other measure shall not apply to the project,
the Property, this Agreement or the Project Approvals unless
the building moratorium is imposed as part of a declaration
of a local emergency or state of emergency as defined in
Government code S 8558.
8. Subseauentlv Enacted or Revised Fees and Taxes.
No fees imposed on neW developmentt such as traffic
impact feest fees for the provision of affordable housing,
inclusionary housing in-lieu fees, child care fees or other
similar development feest adopted by the CITY subsequent to
the effective date of this Agreement, shall be applicable to
the project. However, any existing applicationt processing
and inspection fees that are revised during the term of this
Agreement and any subsequently enacted city-wide fees or
taxes shall apply to the Project provided that: (1) such
fees or taxes have general applicability to all residential
property in the city; (2) the application of such fees or
taxes to the subj eet property is prospective; and (3) their'
application would not prevent development in accordance with
this Agreement.
;,
9.
Amendment or Cancellation.
9.1 Modification Because of Conflict with state or
Federal LaWS.
In the event that state or federal laws or
regulations enacted after the effective date of this
Agreement prevent or preclude compliance with one or IDore
provisions of this Agreement or require changes in planst
maps or permits approved by the city, the parties shall 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 L~e
Agreement shall be approved by the city Council in
accordance with Dublin ordinance No. 8-91.
a~SEN AGREEMENT
February 28, 1992
6
.'
.
92091850
. ,
:++.':-:-
>:! ., . ~r_:_-~~' ;.~~;.~~: ~.~~~2_~':~~~~~~' ~" ~ ~
".,.,
This Agreement may be amended in writing from
time to time by mutual consent of the parties hereto and in
accordance with the provisions of Dublin Ordinance No. 8-
91_ Any amendment to this Agreement which does not relate
to (1) the term, permitted uses, density or intensity of
land use, (2) conditions, terms, restrictions and
requirements relating to subsequent discretionary actions,
or (3) any conditions or covenants relating to the use of
the Property, shall not require a public hearing before the
parties may execute an amendment.
9.3 Amendment Exemotions.
. "
'. ','
Any amendment of any of the Project App=ovals,
any resubdivision of the Property except a resubdivision
that increases the number of lots over 180 lots, or any
filing of an amended subdivision map that creates new legal
lots or that reflects a merger of lots shall not require an
amendment to this Agreement. Instead, any such amendment,
resubdivision (except a resubdivision that increases the
number of lots over 180 lots), or filing shall be deemed to
be incorporated into and vested under this Agreement at the
time that such amendment, resubdivision, or filing is
approve~
Any Project Approval may, from time to time, be
amended or modified in the following manner:
(1) Upon the written request of
Developer for an amendment or modification of a Project
Approval including, but not limited to, (a) the location of
buildings, streets and roadways and other physical
facilities, or (b) the configuration of the parcels, lots or
development areas, the Planning Director of .the CITY shall
determine whether the requested amendment or modification is
minor and whether the requested amendment or modification is
consistent with this Agreement, the General Plan and
applicable provisions of the CITY's zoning and subdivision
ordinance in effect as of the effective date of this
Agreement. For purposes of this Agreement,. the
determination whether such amendment or modification is
minor shall refer to whether the amendment or modification
is minor in the context of the overall Project. If the
Planning Director finds that the proposed amendment is both
minor and consistent with this Agreement, the General Plan,
and the applicable provisions of the CITY's zoning and
HANSEN AGREEMENT
February 28, 2992
7
I~
(
.
.'.
"
..,
:,', " ..
"'.
'. '-,
~ - . -
:.
-~.:.>
.:"
-....
J9
.
.
9:2091850
subdivision ordinance, the Planning Director may approve the
proposed amendment without notice and public hearing.
(2) Except as provided in
subparagraph (1) above, any amendment or modification of any
project Approval shall be subject to the applicable
substantive and procedural provisions of CITY's applicable
zoning, subdivision, and other land use ordinances.
~>
9.5 Cancellation bv Mutual Consent.
Except as otherwise permitted herein, this
Agreement may be cancelled in whole or in part only by the
mutual consent of the parties or their successors in
interest, in accordance with the nrovisions of Dublin
Ordinance No. 8-91. Any fees paid pursuant to subparagraph
5.3.5 of Exhibit B of this Agreement prior to the date of
cancellation shall be retained by CITY.
10. Term of pro~ect APorovals.
pursuant to California Government Code
section 66452.6(a), the term of the tentative map described
in Recital D above (the J1Tentative MapJ1) , or any
resubdivision or amendment to the Tentative Map (inClUding
any lot line adjustment or merger of lots within the
Tentative Map), or any other tentative map filed and
approved prior to the termination of this Agreement, shall
automatically be extended for the term of this Agreement.
The term of any other project Approval shall automatically
be extended for..the term of this Agreement.
11. Annual Review Date.
11.1 The annual review date for this Agreement shall
be March 1.
ll.2 The CITY's planning Director shall initiate the
annual review, as required under section 8.12.140 of Dublin
ordinance No. 8-91, by giving to DEVELOPER thirty (30) days'
written notice that the CITY intends to undertake such
review. DEVELOPER shall provide evidence to the planning
Director prior to the hearing on the annual review, as and
when reasonably determined necessary by the Planning
Director, to demonstrate good faith compliance with t~e
provisions of the Development Agreement. The burden of
proof by substantial evidence of compliance is upon the
DEVELOPER.
11.3 To the extent practical, CITY shall deposit in
the mail and fax to DEVLLOPER a copy of all staff reports,
HANSEN AGREEMENT
February 28, 1992
8
.
.
'.l.
.....
S2091SS0
.
and related exhibits concerning contract performance at
least five (5) days prior to any annual review.
11.4 Costs reasonably incurred by CITY in connection
with the annual review shall be paid by DEVELOPER in
accordance with the City's schedule of fees in effect at the
time of review.
12. Default.
12.1 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
City's regulations governing development agreements,
expressly including the remedy of specific performance of
this Agreement.
12.2 Upon the occurrence of 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
(30) 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 nondefaulting 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.
.\
....-_..:
13. Estoopel certificate.
Either party may, at any time, and from ti~e to
time, request written notice from the other party requesting
such party to certify in writing that, to the knowledge of
the certifying party, (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 amendwents,
and (c) 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 shall
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
city shall be authorized to execute any certificate
requested by DEVELOPER. Failure to execute an estoppel
certificate shall not be deemed a default.
:.
~o
HANSEN AGREEMENT
February 28, 2992
9
.,.
.
~2031550
...,'.
-. -.,
.0"- .
.'
"
,,'
14 -
Severability.
."
The unenforceability, invalidity or illegality of
any provisions, covenant, condition or term of this
Agreement shall not render the other provisions
unenforceable, invalid or illegal.
....:
15. Attornevs' Fees and Costs.
:P
If 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 shall bear its own costs of defense as a
real party in interest in any such action, and shall
reimburse CITY for all reasonable court costs and attorneys'
fees expended by CITY in defense of any such action or other
proceeding.
16. Transfers and Assionments.
16.1 Rioht to Assiqn.
DEVELOPER'S rights hereunder may be
transferred, sold or assigned in conjunction with the
transfer, sale, or assignment of all or a portion of the
property subject hereto at any time during the term of this
Agreement, provided that no transfer, sale or assi~uent of
DEVELOPER's rights hereunder shall occur without the prior
written notice to CITY and approval by the city council,
which approval shall not be unreasonably withheld or
delayed. The city council shall consider the matter within
60 days after DEVELOPER's notice.
Notwithstanding the foregoing, DEVLLOPL~ shall
have the right to transfer, sell or assign its rights
hereunder to any "affiliatell without the prior approval of
CITY. As used herein, "affiliate" shall'mean any pe::-son or
entity controlling, controlled by, or under common control
with DEVELOPER. "control" and related fonns of the word
shall mean the ability to direct the management and
operations of another entity such as a partnership cr
corporation.
e.:.
", ".
a~SEN AGREEMENT
February 28, 1992
10
J.I
.
-.
~
02
~2091550
.
16.2 Release UDon Transfer.
Upon the transfer, sale, or assignment of
DEVELOPER's rights and interests hereunder pursuant to
paragraph 16.1 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 Council approval of
such transfer, sale, or assignment; provided, however, that
if any transferee, purchaser, or assignee approved by the
city Council expressly assumes the obligations of DEVELOPER
under this Agreement, DEVELOPER shall be released with
respect to all such 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 council approval.
17. Aqreement Runs with the Land.
~;
All of the provisions, rights, terms, covenants,
and obligations contained in this Agreement shall be binding
upon the parties and their respective heirs, successo=s 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 servitudes 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 properties, and (c) is
binding upon each party and each successive owner du~ing 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 ~o an
interest in such properties. Notwithstanding the foregoing,
this Agreement shall cease to be binding upon any parcel in
the Project (i.e., any of Lots 1 through 180) when such
parcel is acquired by a person or persons with the intent to
reside in the home constructed or to be constructed UDon
such parcel 0= by a person or persons for the benefi~-of a
family member intending to reside in such home (provided,
however, that the benefits of this Agreement shall continue
to accrue to any such parcel until the city has issued a
certificate of occupancy for such parcel).
.
,'.
~
'.'
, '
, .
, . .
. . ,
, ,
. ,
.~. ".
Z~
HANSEN AGREEMENT
February 28, 1992
11
..,.
. - ~.
. -"..
.,'
.
. . ~-- ~ .,. .
. o' 0"
:::.
4t::
. .-:.
)..:3
.
.
(\0 QQ1C " 0
~1.... ., I..J..J
~8. Bankruntcv.
The obligations of this Agreement shall not be
dischargeable in bankruptcy.
~9. Indemnification.
DEVELOPER agrees to indemnify and hold harmless
CITY, and its elected and appointed councils, boards,
commissions, offi~ers, agents, employees, and
representatives from any and all claims, 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.
20. Insurance.
20.1 public Liabilitv and pronertv Damaae 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 ($~,OOO,OGO) and
a deductible of not more than two-hundred and fifty
thousand dollars ($250,000) per claim. The policy so ,
maintained by DEVELOPER shall name the CITY as an additional
insured and shall include either a severability of interest
clause or cross-liability endorsement. In the event that
DEVELOPER exercises its right to assign pursuant to
paragraph 16.1, CITY shall have the right to determine the
amount of the deductible, provided that the deductible shall
not be less than $1,000 per claim.
20.2 Workers Comnensation Insurance.
Dur ing t..'1e term of this Agreement and any
extension thereof DEVELOPER'shall maintain Worker's
Compensation insurance for all persons employed by DEVELOPER
for work at the project site. DEVELOPER shall require each
contractor and subcontractor similarly to provide Worker's
compensation insurance for its respective employees.
DEVELOPER agrees to indemnify the city for any damage
resulting from DEVELOPER'S failure to maintain any such
insurance.
HANSEN AGREEMENT
February 28, 1992
22
.
.
().., n \.) 1 S t- 0
.1....\... l.)
-
20.3
Evidence of Insurance.
Prior to city Council anoroval of this
Agreement, DEVELOPER shall furnish CITY satisfactory
evidence of the insurance required in sections 20.1 and
20.2 and evidence that the carrier is required to give the
CITY at least fifteen days prior written notice of t~e
cancellation or reduction in coverage of a policy. T~e
insurance shall extend to the CITY, its elective and
appointive boards, commissions, officers, agents, employees
and representatives a:ld to DEVELOPER and each contractor and
subcontractor performing work on the Project.
21. Notices.
All notices required or provided for under this
Agreement shall be in writing and delivered in persen or
sent by certified mail, postage prepaid. Notices required
to be given to CITY shall be addressed as follows:
~".r-;.
4....
-.."..
-:".",
citv Manager
city of Dublin
P.O. Box 2340
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be ~=~ressed
as follows:
Donald L. Bren Company
6601 Owens Drive, Suite 250
Pleasanton, California 94566-9736
Att'n: Michael Toohe~
A party may change address by giving notice in writing
the other party ar.d thereafter all notices shall be
addressed and transmitted to the new address. Notices
be deemed given and received upon personal delivery, or
mailed, upon the expiration of 48 hours after being
deposited in the United states Mail.
to
shall
.~
J....l..
22. Aqreement is Entire Understandina.
This Agreement is executed in three duplic2te
originals, each of which is deemed to be an original. This
Agreement consists of fourteen (14) pages and tWD (2)
exhibits (of nine pages) totalling twenty-three (23) pages
which constitutes the e~tire understanding and agree~ent of
the parties.
a~SEN AGREE}~NT
February 28, 1992
13
~q
.
.
:,.
,,-e
. .". . ~": .
.
.~:;{..;~;.'- .
-"..
e.,
".. .....
-, -: ~ -: . .
~5
.
.
~2091S50
IN WITNESS wnEREOF, the parties hereto have caused
this Agreement to be executed as of the date and year first
above written.
CITY
t . ~
~~BY:~~ I
, V ' -
Peter Snyder ( Name: Jeffrev A. Slavin
B :
Name:
Its: Mayor
APPROVED AS TO FORM:
EP~SEN AGREEMENT
February 28, 1992
.::
DONALD L. BREN COMPANY:
>.
Its: PTesident
''C/f,-d-v?-( 7l~ ~.~
City Attorney
(NOT~~IZATION ATTACHED)
f?/La&J U ;! 23
.:/
14
.
.
.~":\
AME~~~fl:NTTOAGREEMENTBETWEEN
THE CITY OF DUBLIN AND
THE DONALD L. BREN COMPANY
REGARDING THE HANSEN HILL PROJECT
THIS AMENDMENT ("Amendment") dated for identification as of February 27,
1995, is entered into by and between the City of Dublin, a municipal corporation ("City"),
and California Pacific Homes, Inc. successor in interest to the Donald L. Bren Company, a
California corporation ("Developer").
RECITALS
This Amendment is entered into on the basis of the following facts, intentions and
understandings of the Parties hereto:
A. The Parties previously entered into that certain Development
Agreement/City of Dublin/or the Hansen Hill Ranch Project dated March 25, 1992
("Development Agreement").
B. The Donald L. Bren Company has changed its name to California Pacific
Homes, Inc.
..-....
-.....
C.
The Parties now wish to amend the Development Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises set __
forth -herein, the receipt and adequacy of which is hereby acknowledged, the Parties hereto
hereby agree to amend the Development Agreement as follows:
1.
Name Chan~e.
The reference on page 1 of the Development Agreement to <<DONALD L. BREN
COMJ> ANY, a California corporation" is replaced by "CALIFORNIA P ACmC HOMES,
INC., a California corporation" and the reference in paragraph 21 to "Donald L. Bren
Company" and the address for DEVELOPER is changed to:
California Pacific Homes, lnc,
1 Civic Plaza, Suite 300
Newport Beach, CA 92660
Attn.: Jeffrey Slavin, President
-. ,"
~
ATTACHMENT
.
e..
",.
.
.
,.
2. Amendment to Exhibit B Subpara']:raph 5.3.2 (a): Exhibit B, Subparagraph
5.3.2., Subparagraph (a) of the Development Agreement is hereby modified to
read as follows:
. ,
,'.-
"DEVELOPER shall construct an 8-foot wide aggregate base access trail (the
"Access Trail") over the Property along Martin Canyon Creek as described in
Condition No. 76 to the CITY's approval of the Tentative Map for P A 89-062
("Condition 76"), and as modified in various conditions of the City's approval of
Tentative Map Amendment for P A 94-054. The Access Trail, together with that
portion of the Property lying between the fence to be constructed by Developer
pursuant to Condition 76 and the northern boundary of the Property, shall be
dedicated to the CITY for public access and maintenance purposes.
....
,'"
'..
, '.
The aggregate-base access road (the <<Access Road") proposed along the
north side of the creek and east of Martin Canyon Road shall be 12 feet wide, and
shall be dedicated to the City with the creek improvements, to the satisfaction of
the Public Works Director and subject to the approval of the Department ofFish
and Game and the Army Corps of Engineers. The width of the Access Road may
be reduced in some limited a~eas where needed for tree preservation, but the
Access Road shall be no less than 8 feet wide in these limited segments.
.,.
.... .
4,......'
.... _.'
... ".
The construction and dedication required by this paragraph shall occur
either in two phases, concurrent with the two phases of project construction, or
the entire length of the road shall be constructed with Phase I of the project. At a
minimum, that portion of the Access Road and Access Trail adjacent to and
associated with Phase 1 shall be improved and dedicated to the City prior to
occupancy of any units in Phase 1.
When the creek area is dedicated to the city for maintenance of the public
open space, the City will accept, and be responsible for maintaining, the improved
Access Road and Access Trail, and the open space and creek areas which are
accessed from these. The City shall determine the acceptable level of maintenance
to be provided by the City. Upon dedication, DEVELOPER shall be released from
all liability for the maintenance of the property so dedicated."
. ,
'.,
3. Amendment to Exhibit B Subpara~raph 5.3.2. (b): Exhibit B,
Subparagraph 5.3.2., subparagraph (b) of the Development Agreement, is hereby
modified to read as follows:
d.
"There shall be turn around improvements made at the ultimate west end of
the creek Access Road and Access Trail, which shall be aggregate base for
maintenance vehicles and police patrol purposes. Temporary turnarounds shall be
constructed if needed at the ends of the Access Road and Access Trail in Phase I,
subject to the determination of the Public Works Director."
2
~?
.
.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of this date and year first above written.
- ..'
:- . ~. .
. ".'
Approved as to form:
City Attorney
~::;.~:~:
....... .
Attest:
City Clerk
(pn#\1994\94054\libbyda)
;'1'
CITY OF DUBLIN
By:
Name:
Its:
(NOTAIUZATION ATTACHED)
CALIFORNIA PACIFIC HOMES, lNe.
By:
Name:
Its:
(NOTARIZATION ATIACHED)
3
e:;
.
, .-
"
e::
"'>
Thc construction and dedication required by this paragraph shall occur either in two phascs,
concurrent with the two phases of project construction, or the entire length of the Access Road
shall be constructed with Phase I of the project. At a minimum, that portion of the Access Road
adjacent to and associated with Phase 1 shall be improved and dedicated to the City prior to
occupancy of any units in Phase 1.
When the creek area is dedicated to the city for maintenance of the public open space, the City will
accept, and be responsible for maintaining the improved Access Road, and the open space and
creek areas which. are accessed from the Access Road. The City shall determine the acceptable
level of maintenance to be provided by the City. Upon dedication, DEVELOPER shall be released
from all liability for the maintenance of the property so dedicated."
Within ten days after the Development agreement is executed by the Mayor, the City Clerk shall
submit the Agreement to the County recorder for recordation.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 17th
day of September, 1996, by vote as follows:
AYES:
Councilmembers Burton, Howard Moffatt and Mayor Houston
NOES: None
ABSENT: Councilmembers Barnes
ABSTAIN: None
ATTEST:
,~T :C~~ C_~
MAYOR
G:XPA#\1996\96035\CCRESAMD.doc
K;/9-17-96/resohans. doc
4