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Home My WebLink AboutDublin Crossing LLC Development Agreement Amended & Restated Amend #1,, L 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 t� OF A< 2019223993 11 /01 /2019 01:42 PM OFFICIAL RECORDS OF ALAMEDA COUNTY MELISSA WILK °�tisoaN`p RECORDING FEE: 0.00 10 PGS t. u Space above this line for Recorder's use MEMORANDUM OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC RELATING TO THE DUBLIN CROSSING PROJECT ".1 ZED AMENDMENT NO. I TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC RELATING TO THE DUBLIN CROSSING PROJECT APN 986-68-1, 986-64-2 1 MEMORANDUM OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC RELATING TO THE DUBLIN CROSSING PROJECT FRO AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC RELATING TO THE DUBLIN CROSSING PROJECT THIS MEMORANDUM OF AGREEMENT ("Agreement"), dated, August SA_, 2019 ("Effective Date") is made by and between the City of Dublin, a municipal corporation ("City") and Dublin Crossing, LLC, a Delaware limited liability company (the "Developer") collectively referred to herein as "the Parties." Parties hereby agree to be bound by all of the terms and conditions contained in that certain "Amended and restated Development Agreement Between the City of Dublin and Dublin Crossing, LLC Relating to the Dublin Crossing Project" effective as of November 20, 2018, and in that certain "Amendment No. 1 to the Amended and Restated Development Agreement Between the City of Dublin and Dublin Crossing, LLC Relating to the Dublin Crossing Project" effective as of May 21, 2019, the terms and conditions of which are made a part hereof as though fully set forth herein, and which Agreements control the use and development of that certain real property, including any improvements and personal property located thereon, situated in the City of Dublin, County of Alameda, State of California, more particularly described in Exhibit A attached hereto. Executed this day of August, 2019, at Dublin, Alameda County, California. CITY: CIT Chri 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ................................................................................................:.................................................................................. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. s.................................................................................................................................................................................. € State of California County of Alameda On October 29, 2019 before me, Anastasia Nelson, Notary Public, personally appeared Christopher L. Foss, who proved to me on the basis of satisfactory evidence to be the persons} whose nameW is/are subscribed to the within instrument and acknowledged to me that he/5heAhey executed the same in his/her*authorized capacity{ies , and that by his/hefAfi� signatures} on the instrument the person{s}, or the entity upon behalf of which the personw acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu("—,��C�l� !J ANASTASIA NELSON NotaryPublic— California Z r Alameda County > (Seal) Commission112193245 My Comm, Expires May 20, 2021 Attest: -�r Caro ine Soto, City Clerk ,Avtos54&Ste, Ael sovl, DEpuiy Gi f`( Clerk Approved as to form: r,JdL Bakker, City Attorney DEVELOPER: DUBLIN CROSSING, LLC, a Delaware limited liability company By: BrookCal Dublin LLC, a Delaware limited liability company Its: Member By: Name: Josh Roden Its: President By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member By: Name: Its: 3322966.1 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, . and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On 5'� L . � I Ci before me, Yvonne M. Craves, Notary Public, Date Here Insert Name and Title of the Officer personally appeared Josh Roden Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to -be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE M, CRAVES WITNESS my hand and official seal. NotaryPublic- California Z Contra Costa County n z = Commission # 2184834 IT Signature My Comm, Expires Mar F 2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I 1 Other: Signer Is Representing: ,L`, y '+� 'may<'.vc�.'✓.'v -ai -: .�YL�rizti<�✓ t-vt�,ic�✓rvG�.-u.-1 'y� z�G�✓�.Cy.4� -✓.'v•y,�SCv�-ar:C✓,�`v�-yL�i��'vi'+Qr , v -y: Attest: Caroline Soto, City Clerk Approved as to form: John Bakker, City Attorney DEVELOPER: DUBLIN CROSSING, LLC, a Delaware limited liability company By: BrookCal Dublin LLC, a Delaware limited liability company Its: Member By: Name: Its: By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member Name. -394 Gu, r Its: ry 3322966.1 3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA COUNTY OF Contra Costa On October 2, 2019 , before me, Elizabeth Neal, Notary Public (here insert name and title of the officer) personally appeared Bridg-it Koller , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her4tek authorized capacity(ies), and that by his/her/diem signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ELIZABETH NEAL NotaryPublic- California Z '` Alameda County 'n Signature Commission # 2187347 My Comm. Expires Mar 20, 2021 (SEAL) 2294-00169\FORM1227861.1 10/29/14 .: 19814.03B.D 10/31/2019 EXHIBIT A LEGAL DESCRIPTION FOR APN 986-68-1 ALL THAT REAL PROPERTY LOCATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING PARCEL B OF TRACT 8415, RECORDED IN BOOK 357 AT PAGE 88 THROUGH 92 ALAMEDA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL B CONTAINING 7.67 ACRE MORE OR LESS. . PREPARED END OF DESCRIPTION 7 LAND\ DONALD a No.8817 r- SURVEYOR NO. 8817 a (EXP. 12/31 /19) STATE OF CALIFORNIA YF MACKAY&Somps CIVIL ENGINEERING* LAND PLANNINGOLAND SURVEYING 5142 Franklin Drive Suite 8, Pleasanton, CA. 94588-3355 (925) 225-0690 a l3l ki DATE P:\19814\SRV\Mapping\LEGAL\N19\ 19814.03B.D-Tract8415-Parcel-B-DESC.doc Exhibit A LEGAL DESCRIPTION FOR APN 986-64-2 Land Description of real property situate in the City of Dublin, County of Alameda, State of California, and being. a portion of the lands described in the Final Judgment on the Declaration of Taking, Amendment to Declaration of Taking, and Second Amendment to Declaration of Taking entitled United States of America v. 3396 acres of land, Alameda and Contra Costa Counties, California, Ada Clement, et al, filed in the District Court of the United States for the Northern District of California, Southern. Division, Civil No. 22352-B, Judgment effective 27 August 1945, Civil No. 22352-R the Final Judgment of Record filed on July 21, 1947 and recorded in Book 5132 at Page 1, Official Records of Alameda County, same parcel being a portion of that 180.126 acre parcel shown on that certain map entitled "Record of Survey No. 2031 ", filed on June 23, 2006 in Book 31 at Page 28. of Maps, Official Records of said County and being more particularly described as follows: Commencing at the northwest corner of Parcel 1 described in a deed to Dublin Crossing, LLC recorded on August 28, 2015, under document no. 2015-239931 Official Records of said County; Thence along the north line of Parcel 1, South 880 26' 33" East — 731.53 feet; The across the 180.126 acre parcel, North 01 ° 35' 51" East — 183.83 feet for the Point of Beginning hereof; Thence continuing across the 180.126 acre parcel, North 010 35' 51" East — 484.02 feet; Thence along the north line of the 180.126 acre parcel, South 88' 24' 09" East - 460.00 feet; Thence continuing across the USA parcel for the following four (4) courses: (1) South 010 35' 51" West - 649.19 feet for the beginning of a curve, to the right, from which point the center bears North 120 12' 23" West, (2) in a northeasterly direction 79.32 feet along the arc of said curve to the right, having a radius Page 1 of 2 Exhibit A LEGAL DESCRIPTION FOR APN 986-64-2 of 639.00 feet and through a central an of 070 06' 43", (3) North 010 35' 51" East — 179.52 feet, and (4) North 880 26' 23" West — 382.00 feet to the Point of Beginning. Containing 236,100 Square Feet of land area, more or less. Prepared By:. Scott A. Shortlidge, LS End of Description LAND S\ SHaR 4'G '-' U) m � `*� No. 644.1 *) Page 2 of 2 Date