HomeMy WebLinkAboutItem 6.1 SB343 The Green Mixed Use Project 4/21/15
SB 343
Senate Bill 343 mandates supplemental materials that have been
received by the City Clerk's office that relate to an agenda item after
the agenda packets have been distributed to the City Council be
available to the public.
The attached documents were received in the City Clerk's office after
distribution of the April 21, 2015 City Council meeting agenda packet.
Item 6.1
STOCKBRIDGE
April 17,2015
Stephen Hanke,Ed.D.
Dublin Unified School District
7471 Larkdale Avenue
Dublin,CA 94568
Re: Follow Up Regarding Contribution to Dublin Unified School District
Dear Dr. Hanke;
On behalf of Stockbridge/BHV Emerald Place Land Company,LLC("Stockbridge/BHV"),
the project sponsor of the proposed mixed-use development project located at Hacienda
Drive and Martinelli Way in Dublin known as The Green(the"The Green"), I write to
follow up on the letter dated April 13,2015 we sent you in which we volunteered to pay
additional monies to the Dublin Unified School District("DUSD")to support the district's
efforts to build new schools to meet student demand(the"The Green Proposal"). A copy of
the The Green Proposal is attached for your convenience and reference. In response to
certain concerns raised by the DUSD,this letter is intended to modify certain aspects of the
The Green Proposal, in the hope that the DUSD finds these further protections for the DUSD
acceptable.
As you know,in the The Green Proposal, Stockbridge/BHV volunteered to pay additional
monies in excess of the Green Project School Fees to support the school district's
construction projects intended to meet projected student demand. The Green Proposal
offered to pay to the district the shortfall, if(as expected) the State did not make up any
shortfall,between the actual school fees paid by the project and the projected costs of
construction on a per student basis. Our calculations were based on certain assumptions
provided by the DUSD's projections. First,we wish to underscore that our schedule of
projected student demand was based on the district's high end of potential student generation
by product type estimates,rather than the medium student generation estimates you
suggested in your letter July,2014. Second,we estimated a per student cost of construction
based on what we understood was the DUSD projected total costs of constructing a new
school of approximately$46,000,000.
We understand that the DUSD wishes to modify The Green proposal to increase the benefits
offered to the DUSD in several ways,two of which are acceptable to us. First,we
understand that the DUSD wishes Stockbridge/BHV to pay the additional monies set forth in
the The Green Proposal,even if the State does provide the monies and there is no shortfall.
While this is request is inconsistent with representations to us that DSUD is not attempting to
profit from this arrangement,we will agree to this request. Please consider this letter to
evidence Stockbridge/BHV's agreement to that request.
4 Embarcadero Center, Suite 3300, San Francisco, CA 94111 PHONE 415.658.3300 FAx415.658.3400
SAN FRANCISCO • CHICAGO • NEW YORK • ATIANiA
Second,the DUSD informed us that the$46,000,000 does not include furniture, fixtures and
equipment("FF &E")and that including those additional costs would result in a total
construction cost with FF&E of approximately$48,000,000,The DUSD would like the per
student calculation to be based on that higher total cost number. I write to confirm that
Stockbridge/BHV agrees to the DUSD's request to calculate the per student contribution
using the higher($48,000,000) and will commit to paying$51,000 per student generated by
The Green.
The Green Proposal suggested that the terms of this offer to pay the additional monies might
be incorporated by the Dublin City Council as an additional condition of approval of the
Green Project,but we understand that such an approach may be unacceptable under the state
Mitigation Fee Act,and therefore withdraw that suggestion. However,we will make the
City Council aware of The Green Proposal at the April 21,2015 hearing on the Green
Project,
We hope this is acceptable to the DUSD. We are pleased to join with the DUSD in showing
leadership in securing complete funding for the projected student demand at the Green
Project, and to providing the additional funding even if the complete funding is provided by
the State. Please do not hesitate to call me if you have questions or comments.
Sincerely,
STOCKBRIDGE FUND II/EMERALD PLACE INVESTMENT COMPANY, LLC,
STOCKBRIDGE PLACE INVESTMENT COMPANY,LLC, STOCKBRIDGE FUND
E/EMERALD PLACE INVESTMENT COMPANY, LLC,each a Delaware limited liability
company and a"Stockbridge Member"
By: STOCKBRIDGE REAL ESTATE PARTNERS II,LLC,a Delaware limited liability
company,manager of each of the foregoing
By:
ti Renaudin
Managing Director
101910470,2
STOCKBRIDGE
CAPITAL GROUP
April 13,2015
Stephen Henke,Ed.D.
Dublin Unified School District
7471 Larkdale Avenue
Dublin,CA 94568
Re: Contribution to Dublin Unified School District
Dear Dr.Hanke:
On behalf of Stockbridge/BHV Emerald Place Land Company, LLC ("Stockbridge/BHV"),
the project sponsor of the proposed mixed-use development project located at Hacienda
Drive and Martinelli Way in Dublin known as the "Green" (the"Green Project"), I write to
memorialize our agreement to pay to the Dublin Unified School District ("DUSD") certain
monies to support the district's efforts to build new schools to meet student demand, as
described below. If the proposal contained in this letter is acceptable to the DUSD, we
would agree, upon the request of the DUSD of the Dublin City Council, to incorporate this
agreement as an additional condition of approval of the Green Project in order to ensure its
enforceability.
As you know, Stockbridge/BHV is currently seeking approval of the Green Project. In
connection with the development of the Green, Stockbridge/BHV, or its successor or
assignee, will pay certain school fees to the DUSD, in accordance with the proposed
conditions of approval of the Green Project (the "Green Project School Fees"). However,
StockbridgeBHV wishes to volunteer to pay additional monies in excess of the Green
Project School Fees to support the school district's construction projects intended to
projected meet student demand.
We understand that all development projects in Dublin pay fees to the DUSD set at what is
commonly known as "Level II". We also understand that Level II does not cover the full
cost of constructing a new school as measured on a projected per student basis because the
expectation is that state sources will provide the remaining amounts. Although the school
district fees are calculated and paid based on the square footage of new development,we also
understand the DUSD calculations of the cost per projected student of new school
development show that covering the full cost would require an amount equal to $50,000 per
student. Our proposal is intended to address the shortfall, if any, of the then applicable and
4 Embarcadero Center, Suite 3300, San Francisco, CA 94111 PHONE 415.658.3300 FAX 415.658.3400
SAN FRANCISCO • CHICAGO • NEW YORK • ATIANIA
Stephen Hanke
April 13,2015
Page 2
imposed school fee structure (e.g. Level II or otherwise) and the DUSD's estimated$50,000
per student cost.
The DUSD projections of student demand vary based on unit type and size. A schedule of
the DUSD current student demand projections by product type as applied to the anticipated
type and unit mix of the Green Project is attached to this letter as Exhibit A (the "Student
Projection Schedule"). Stockbridge/BHV proposes to pay an amount equal to $50,000 per
projected student based on the number and type of units developed and sold at the Green
Project, as calculated in accordance with the Student Projection Schedule, in the following
manner:
If,at the time(s)the Green School Project Fees are paid,the State has not provided the funds
necessary to close the shortfall, then Stockbridge/BHV shall provide to the DUSD a
calculation of(i) the number of square feet which are the subject of the applicable building
permit (the "Green Square Footage") and (ii) the projected number of students associated
with the type and number of units permitted by the applicable building permit, using the
Student Projection Schedule (the"Green Student Projection"). Stockbridge/BHV shall pay
to the DUSD an amount equal to $50,000 times the Green Student Projection MINUS all
amounts paid pursuant to the Green Project School Fees,based on the Green Square Footage.
Such amounts shall be paid on a one time basis for each unit developed at the Green Project
within thirty(30)days of the payment of the applicable Green School Project Fees.
We are pleased to join with the DUSD in showing leadership in securing complete
funding for the projected student demand at the Green Project. Please do not hesitate to call
me if you have questions or comments.
Sincerely,
STOCKBRIDGE FUND II/EMERALD PLACE
INVESTMENT COMPANY,LLC,
STOCKBRIDGE PLACE INVESTMENT
COMPANY,LLC,STOCKBRIDGE FUND
E/EMERALD PLACE INVESTMENT
COMPANY,LLC,each a Delaware limited
liability company and a"Stockbridge Member"
Stephen Henke
April 13,2015
Page 3
By:STOCKBRIDGE REAL ESTATE
PARTNERS II,LLC,a Delaware limited liability
company,manager of each of the foregoing
By,
Charlene Kiley
Managing Director
101910470.2
STOCKBRIDGE
CAPITAL GROUP
April 13, 2015
Stephen Hanke,Ed.D.
Dublin Unified School District
7471 Larkdale Avenue
Dublin, CA 94568
Re: Contribution to Dublin Unified School District
Dear Dr.Hanke:
On behalf of StockbridgeBHV Emerald Place Land Company, LLC ("Stockbridge/BHV"),
the project sponsor of the proposed mixed-use development project located at Hacienda
Drive and Martinelli Way in Dublin known as the "Green" (the "Green Project"), I write to
memorialize our agreement to pay to the Dublin Unified School District ("DUSD") certain
monies to support the district's efforts to build new schools to meet student demand, as
described below. If the proposal contained in this letter is acceptable to the DUSD, we
would agree, upon the request of the DUSD of the Dublin City Council, to incorporate this
agreement as an additional condition of approval of the Green Project in order to ensure its
enforceability.
As you know, Stockbridge/BHV is currently seeking approval of the Green Project. In
connection with the development of the Green, Stockbridge/BHV, or its successor or
assignee, will pay certain school fees to the DUSD, in accordance with the proposed
conditions of approval of the Green Project (the "Green Project School Fees"). However,
Stockbridge/BHV wishes to volunteer to pay additional monies in excess of the Green
Project School Fees to support the school district's construction projects intended to
projected meet student demand.
We understand that all development projects in Dublin pay fees to the DUSD set at what is
commonly known as "Level II". We also understand that Level II does not cover the full
cost of constructing a new school as measured on a projected per student basis because the
expectation is that state sources will provide the remaining amounts. Although the school
district fees are calculated and paid based on the square footage of new development,we also
understand the DUSD calculations of the cost per projected student of new school
development show that covering the full cost would require an amount equal to $50,000 per
student. Our proposal is intended to address the shortfall, if any, of the then applicable and
4 Embarcadero Center, Suite 3300, San Francisco, CA 94111 PHONE 415.658,3300 FAX 415.658.3400
SAN FRANCISCO • CHICAGO • NEW YORK • ATLANTA
Stephen Hanke
April 13,2015
Page 2
imposed school fee structure (e.g. Level II or otherwise) and the DUSD's estimated $50,000
per student cost.
The DUSD projections of student demand vary based on unit type and size. A schedule of
the DUSD current student demand projections by product type as applied to the anticipated
type and unit mix of the Green Project is attached to this letter as Exhibit A (the "Student
Projection Schedule"). StockbridgeBHV proposes to pay an amount equal to $50,000 per
projected student based on the number and type of units developed and sold at the Green
Project, as calculated in accordance with the Student Projection Schedule, in the following
manner:
If, at the time(s)the Green School Project Fees are paid,the State has not provided the funds
necessary to close the shortfall, then Stockbridge/BHV shall provide to the DUSD a
calculation of(i) the number of square feet which are the subject of the applicable building
permit (the "Green Square Footage") and (ii) the projected number of students associated
with the type and number of units permitted by the applicable building permit, using the
Student Projection Schedule (the "Green Student Projection"). StockbridgeBHV shall pay
to the DUSD an amount equal to $50,000 times the Green Student Projection MINUS all
amounts paid pursuant to the Green Project School Fees,based on the Green Square Footage.
Such amounts shall be paid on a one time basis for each unit developed at the Green Project
within thirty(30)days of the payment of the applicable Green School Project Fees.
We are pleased to join with the DUSD in showing leadership in securing complete
funding for the projected student demand at the Green Project, Please do not hesitate to call
me if you have questions or comments.
Sincerely,
STOCKBRIDGE FUND I/EMERALD PLACE
INVESTMENT COMPANY,LLC,
STOCKBRIDGE PLACE INVESTMENT
COMPANY, LLC, STOCKBRIDGE FUND
E/EMERALD PLACE INVESTMENT
COMPANY,LLC, each a Delaware limited
liability company and a"Stockbridge Member"
Stephen Hanke
April 13,2015
Page 3
By: STOCKBRIDGE REAL ESTATE
PARTNERS II,LLC, a Delaware limited liability
company,manager of each of the foregoing
By:C
Charlene Kiley U
Managing Director
1019104702