HomeMy WebLinkAboutOrd 04-17 Amendment with Triad Dublin Gateay, L.P. for an Extension ORDINANCE NO. 04— 17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN AND TRIAD DUBLIN GATEWAY, L.P. TO ALLOW
FOR A FIVE YEAR TIME EXTENSION WITH CONDITIONS PA 06-026
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: RECITALS
A. Eden Health District has made a request for a time extension to the existing Development
Agreement between the City of Dublin and Triad Dublin Gateway, L.P. for the project
known as the Dublin Gateway Medical Center Hospital Alternative located at 4084 and
4100 Dublin Boulevard (APN 986-0016-021 & 986-0016-022); and
B. The existing Development Agreement vested the Planned Development Zoning,
Conditional Use Permit and Site Development Review approvals that were granted in 2007
for a ten year period and will expire on July 6, 2017 unless extended before that time; and
C. The Eden Health District is requesting an extension and City Staff supports a five year
extension assuming certain conditions can be met; and
D. On May 15, 2007, the City Council adopted Resolution 71-07, adopting a CEQA Addendum
and Statement of Overriding Considerations for the Dublin Gateway Medical Center
Building 3 Hospital and Garage Project (PA 06-026). Approval of the Development
Agreement was an action covered by the CEQA Addendum and therefore an extension to
the time period that the Development Agreement is effective does not require additional
environmental review; and
E. The Planning Commission held a public hearing on the proposed Development Agreement
Amendment on March 14, 2017 for which public notice was given by law; and
F. The Planning Commission made its recommendation to the City Council for approval of the
Development Agreement Amendment by Resolution 17-02; and
G. A public hearing on the proposed Development Agreement Amendment was held before
the City Council on April 4, 2017 for which public notice was given as provided by law; and
H. The City Council has considered the recommendation of the Planning Commission
including the Planning Commission's reasons for its recommendation, the City Council Staff
Report dated April 4, 2017 and all comments received in writing and all testimony received
at the public hearing.
Ord No. 04-17, Adopted 04/18/2017, Item No. 4.4 Page 1 of 3
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 and Eastern Dublin Specific Plan, c) the Staff Report, and, on the basis of the
specific conclusions set forth below, the City Council finds and determines that:
1. The proposed Development Agreement Amendment is consistent with the objectives,
policies, general land uses and programs specified in the General Plan and Eastern Dublin
Specific Plan in that: a) the General Plan and Eastern Dublin Specific Plan land use
designation for the subject site is Campus Office and the Development Agreement
Amendment is consistent with that designation; and b) the Development Agreement
Amendment is consistent with the fiscal policies in relation to the provision of infrastructure
and public services of the General Plan and Eastern Dublin Specific Plan.
2. The proposed Development Agreement Amendment is compatible with the uses authorized
in, and the regulations prescribed for, the land use designation in which the real property is
located.
3. The proposed Development Agreement Amendment is in conformity with the public
convenience, general welfare and good land use practice in that the proposed project will
implement land use guidelines that were in place at the time the project was approved.
4. The proposed Development Agreement Amendment will not be detrimental to the health,
safety, and general welfare in that the project will proceed in accordance with the General
Plan, Eastern Dublin Specific Plan, Project approvals and any Conditions of Approval for the
proposed project.
5. The proposed Development Agreement Amendment will not adversely affect the orderly
development of the property or the preservation of property values in that the development
will be consistent with the City of Dublin General Plan, Eastern Dublin Specific Plan and
future project approvals.
Section 3: APPROVAL
The City Council hereby approves the Development Agreement Amendment (Exhibit A to the
Ordinance) and authorizes the City Manager to execute it.
Section 4: RECORDATION
Within ten (10) days after the Development Agreement Amendment 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 final
adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 39633 of the Government
Code of California.
Ord No. 04-17, Adopted 04/18/2017, Item No. 4.4 Page 2 of 3
PASSED, APPROVED AND ADOPTED this 18th day of April 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
‘"td1)\
ayor
ATTEST:
6;4,0 1
City Clerk
Ord No. 04-17, Adopted 04/18/2017, Item No. 4.4 Page 3 of 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
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
DUBLIN GATEWAY, LLC
FOR THE DUBLIN GATEWAY MEDICAL CENTER PROJECT
(HOSPITAL ALTERNATIVE)
THIS AMENDMENT ("Amendment") is made and entered in the City of
Dublin on this , by and between the City of Dublin, a Municipal Corporation
(hereafter "City"), and Dublin Gateway, LLC, a California limited liability company
(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 Amendment as a
"Party" and are collectively referred to as "Parties".
RECITALS
A. California Government Code §§ 65864 et seq. and Chapter 8.56 of
the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter
into an agreement for the development of real property with any person having a
legal or equitable interest in such property in order to establish certain
development rights in such property; and
B. Pursuant to that authority, City and Triad Dublin Gateway, L.P., a
California limited partnership ("Triad") entered into that certain "Development
Agreement Between the City of Dublin and Triad Dublin Gateway, L.P." dated
May 15, 2007 and recorded in the Official Records of Alameda County ("Official
Records") on July 13, 2007 as document number 2007259364 ("the Agreement"),
regarding that certain real property legally described in Exhibit A to the
Agreement and in Exhibit A attached hereto (the "Property"). Amendments to the
Agreement are permitted by the mutual consent of the Parties in accordance with
Article 8 of the Agreement and by the Development Agreement Statutes; and
C. On June 5, 2007, the City Council of the City of Dublin adopted
Ordinance No. 14-07 approving the Agreement. The Ordinance took effect on
July 5, 2007 ("the Approval Date"); and
D. In 2014, Developer obtained title to the Property.
E. Pursuant to Section 4.2 of the Agreement, the Term of the
Agreement commenced upon the Approval Date and will continue for a period of
(10) years unless otherwise terminated, extended, or modified by the terms of the
Agreement; and
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants contained
herein, City and Developer agree as follows:
Section 1. Section 4.2 of the Agreement is amended to read in its
entirety as follows:
Dublin/Dublin Gateway, LLC Amendment No. 1 to Development Agreement
for the Dublin Gateway Medical Center Project , 201_
Page 2 of 5
"4.2 Term. The "Term" of this Agreement, shall commence on the
Effective Date and extend ten (10) years, unless said Term is otherwise
terminated or modified by circumstances set forth in this Agreement.
4.2.1 Optional Extension. Prior to the termination of this
Development Agreement, as provided in Section 4.2, Developer may extend the
term of the Development Agreement. To do so, Developer shall give City written
notice at least 90 days prior to the termination date of the Development
Agreement. At the time Developer provides such notice, Developer shall make a
contribution to City in the amount of Two Hundred Thousand Dollars ($200,000)
for each year of extension requested under this provision. Upon receipt of the
notice and the contribution, the City Manager shall approve the extension and
shall notify the Developer in writing that the term of the Development Agreement
has been automatically extended for an additional time period equal to the time
period requested by Developer under this provision, commencing on the date the
Development Agreement would otherwise have terminated; provided Developer
may exercise its option to extend the Development Agreement no more than five
times, for a maximum total term of the Development Agreement of fifteen(15)
years.
Notwithstanding the foregoing, payment for the first year extension may be
made in quarterly installments of Fifty Thousand Dollars ($50,000), due on or
before July 7,2017, October 7, 2017, January 7, 2018, and April 7, 2018. During
the first year extension, Developer shall have the opportunity to cure late
payment, by remitting the full amount due within 10 days of City's notice to
Developer that payment is late. Failure to make payment within 10 days of City's
notice results in automatic termination of the Agreement.
Section 2. Full Force and Effect. Except as specifically clarified,
confirmed or modified herein, the Agreement shall continue in full force and effect
according to its terms.
Section 3. Defined Terms. Defined terms have the same meaning in
this Amendment as in the Agreement unless otherwise specified.
Section 4. Effective Date of Amendment. This Amendment shall
become effective upon the date the ordinance approving this Agreement
becomes effective.
Section 5. Recordation. City shall record a copy of this Amendment
within ten (10) days following execution by all parties.
[signature page immediately follows]
Dublin/Dublin Gateway, LLC Amendment No. 1 to Development Agreement
IN WITNESS WHEREOF, the Parties have caused this Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN:
By: Date:
Mayor
ATTEST:
By: Date:
Caroline Soto, City Clerk
APPROVED AS TO FORM:
John Bakker, City Attorney
DUBLIN GATEWAY, LLC,
a California limited liability company
By: Date:
Dev Mahadevan, Chief Executive Officer
Dublin/Dublin Gateway, LLC Amendment No. 1 to Development Agreement
Exhibit A
Legal Description of the Property
Parcels 3 and 4, as shown on Parcel Map 8524, filed November 23, 2005, in
Book 286 of Parcel Maps, pages 38-41 in the Office of the Recorder of Alameda
County, Assessor Parcel Numbers 986-0016-021 and 986-0016-022
respectively.
NOTE: LEGAL DESCRIPTION TAKEN FROM 2007 AGREEMENT. NEED TO
VERIFY DETAILS AND APNS STILL ARE CORRECT.1
Dublin/Dublin Gateway, LLC Amendment No. 1 to Development Agreement