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HomeMy WebLinkAboutReso 122-17 Developer Obligations under Development Agreements RESOLUTION NO. 122 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * FINDING THAT DEVELOPERS HAVING OBLIGATIONS UNDER ACTIVE DEVELOPMENT AGREEMENTS AND SUPPLEMENTAL AGREEMENTS AS AMENDED, HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND PROVISIONS OF THE AGREEMENTS WHEREAS, as of June 30, 2017, the following projects have active Development Agreements with the City of Dublin: Dublin Crossings (Boulevard), Dublin Gateway Medical, Dublin Ranch Master Agreement (Areas A-H), Dublin Ranch Subarea 3 (Irongate), Dublin Ranch West (Wallis Ranch), Dublin Transit Center Master Agreement, Jordan Ranch, Kaiser Dublin Medical Center, Moller Ranch (Tassajara Hills), and Schaefer Ranch South; and WHEREAS, the annual review of active Development Agreements is required by California Government Code Sections 65864 — 65869.5, and Chapter 8.56 of the Dublin Municipal Code; and WHEREAS, during the review period, occurring in July and August of each year, Staff reviews the development agreements to ensure compliance of the terms and provisions of the Agreements; and WHEREAS, the burden of demonstrating good faith compliance with the Agreements rests with the Developers; and WHEREAS, the appropriate City Departments have reviewed each of the active Development Agreements, and comments were returned to the Community Development Director; and WHEREAS, following that review, Staff presents and recommends to the City Council to either: determine the parties are in compliance and conclude the review; or, determine that the parties have not complied in good faith, then the City Council may modify or terminate the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has concluded its review of the above referenced active Development Agreements and Supplemental Agreements as Amended, and determined that the Developers having obligations under said Agreements have complied in good faith with the terms and provisions of the Agreements. PASSED, APPROVED AND ADOPTED this 19th day of September, 2017, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta, and Mayor Haubert NOES: ABSENT: Councilmember Hernandez ABSTAIN: r /J /4"r Mayor ATTEST: City Clerk Reso No. 122-17, Adopted 9/19/2017, Item No. 4.4 Page 1 of 1