HomeMy WebLinkAboutReso 184-16 Second Amendment to MOU with Dublin Unified School District RESOLUTION NO. 184— 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT
WHEREAS, on May 19, 2015, the City Council approved the Memorandum of Understanding
(MOU) between the City and Dublin Unified School District (DUSD) related to the delivery of a 12-
acre school site within the Dublin Crossing project for a future joint use school/park site facility; and
WHEREAS, the term of the MOU was for 360 days; and
WHEREAS, on May 3, 2016, the City Council adopted Resolution 67-16, approving the First
Amendment to the Agreement, extending the term to September 30, 2016 and including the ability for
the City Manager and Superintendent to extend for an additional 90 days; and
WHEREAS, the City Manager and the Superintendent exercised the 90-day extension period;
and
WHEREAS, the District has requested that the MOU be extended until June 30, 2018.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the second amendment to the Memorandum of Understanding between the City of
Dublin and the Dublin Unified School District, as shown as Exhibit A.
PASSED, APPROVED AND ADOPTED this 20th day of December, 2016, by the following
vote:
AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
1., / 1
-
ayor
' ayor
ATTEST: 6fro
1)-Y(/c
City Clerk
Reso No. 184-16, Adopted 12/20/2016, Item No. 4.18 Page 1 of 1
SECOND AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
(Dublin Crossing School Site/Site E-6)
This Second Amendment to Memorandum of Understanding ("Second Amendment")
dated December 20, 2016 is entered into by and between the City of Dublin(the "City") and the
Dublin Unified School District("DUSD"). The City and DUSD are each individually referred to
as a"Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, Dublin Crossing Venture LLC ("Developer")and the City entered into that
certain"Development Agreement Between the City of Dublin and Dublin Crossing Venture LLC,"
dated November 19, 2013 and recorded in the Official Records of Alameda on June 4, 2014 as
document number 2014134795, (the "Agreement"); and
WHEREAS, Developer's original entitlements allowed for the construction of up to 1,995
single- and multi-family residential units; up to 200,000 square feet of retail, office, and/or
commercial uses;a 30 acre Community Park;a 5-acre Neighborhood Park,and a 12-acre elementary
school site; and
WHEREAS, DUSD stated it was unlikely that it would have the ability to acquire the 12-
acre elementary school site in the near term, given the current land value of approximately
$36,000,000; and
WHEREAS, Developer and City reached an agreement allowing the transfer of the future
school site (the "Dublin Crossing School Site") to the City at no cost in exchange for certain
modifications to the entitlements for the Dublin Crossing Project; and
WHEREAS, Developer and City entered into that certain "Amendment No. 1 to
Development Agreement Between the City of Dublin and Dublin Crossing Venture LLC"in order to
amend the terms of the Agreement to reflect the changes to the entitlements, remove the
requirements to construction funding for the 5-acre Neighborhood Park, and to reduce the total
Community Benefit Payment, as well as to include language related to the no-cost transfer of the
Dublin Crossing School Site; and
WHEREAS, the City and DUSD have had preliminary discussions regarding the lease
of the Dublin Crossing School Site by the City to DUSD; and
WHEREAS, the Parties entered into a memorandum of understanding (the "MOU") on
May 19, 2015 ("Effective Date") to bring clarity to their joint commitment and to set out in
general terms the various roles each Party will play and actions needed to be taken to effectuate
the proposal; and
WHEREAS, on May 3, 2016, the Parties entered into a First Amendment to the MOU
(Resolution 67-16) extending the term to September 30, 2016 and including a provision that
allowed the City Manager and the Superintendent to extend the term for an additional 90 days;
and
WHEREAS,the Parties did extend the MOU through the end of the calendar year; and
WHEREAS, the Parties anticipate that they will need more time before reaching more
definitive agreements with respect to the matters set forth therein,and therefore desire to extend the
term of the MOU until June 30, 2018; and
NOW THEREFORE,the Parties hereby agree as follows:
Section 1. Extension of Term. Section 7 of the MOU is amended to read in its
entirely as follows: "The provisions of this MOU shall expire on June 30, 2018. This MOU may
be terminated at any time by mutual consent of the Parties."
Section 2. Except as specifically clarified, confirmed or modified herein,the MOU
shall continue in full force and effect according to its terms.
CITY OF DUBLIN
By:
David Haubert, Mayor
Date:
DUBLIN UNIFIED SCHOOL DISTRICT
By:
Megan Rouse, Board President
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