HomeMy WebLinkAboutItem 4.09 PulteHmesDubRchAreaF2
CITY CLERK
File # n[b]~~~~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 7, 2005
SUBJECT:
P A 04-043 Interim Agreement between City and Pulte
Homes for Issuance of Building Permits for Homes in
Dublin Ranch Area F2 Pending Development Agreement
Effectiveness
Report prepared by Eddie Peabody Jr., Community ~
Development Director
RECOMMENDATION:
/lA~ 1.
(J, V v - 2.
1. Interim Agreement Between the City of Dublin and
PuTte Homes Corporation for Area F2 of Dublin Ranch
Area F
ATTACHMENTS:
Receive staff report
Authorize Mayor to sign Interim Agreement.
FINANCIAL STATEMENT:
None.
DESCRIPTION:
PuTte Homes is in the midst of mobilizing for the construction of the 12] -home Area F2 project in Area F
of Dublin Ranch. Due to an oversight, Pulte Homes was unaware until very recently of the necessity that
they enter into a Development Agreement with the City prior to developing the project. Staff will be
taking the F2 development agreement to the Planning Commission on either June 14 or June 28
(depending on whether adequate notice can be provided) and will bring the matter to the next City
Council meeting for the first reading of an ordinance to approve a Development Agreement.
The Development Agreement will become effective 30 days following the second reading of the
Ordinance. Once the Development Agreement is effective, and the developer has complied with all other
requirements, the City may issue building permits for construction of homes within the development.
In the interim, Pultc, due to its substantial investment and reliance upon its understanding that it had all
necessary entitlements, has asked for permission to begin the construction of 60 homes. The purpose of
this Interim Agreement is to provide assurance to the City that, if an application is received for a building
permit for a home prior to the effective date of the Development Agreement, all other requirements are
satisfied for issuance of such a permit and if the City issues such a buildjng permit, all risks associated
with issuance of a building permit prior to the effective date of the Development Agreement are borne by
the developer.
The City entered into a similar agreement with the developer of the Emerald Pointe Business Park and
Toll Brothers for the Areas A-6 and A-7 projects. The Interim Agreement would allow for the issuance of
up to 60 building permits during the interim period in which the Development Agreement is not yet
effective.
RECOMMENDATION:
Staff recommends the City Council receive staff report and authorize the Mayor to sign the interim
agreement by a motion.
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COPIES TO: Applicant
PAFile
ao\PANI2004\04-043 DUBLIN RANCH AREA F2 \DAISTAI'F ~~~N PULTE INTERIM AG~~Ml\{N~~~
~
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
IctJ I
Spaœ above this line for Recorder's Use
INTERIM AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
PUL TE HOME CORPORATION
FOR AREA F2
OF DUBLIN RANCH AREA F
lJ - Î _D S- Lt."1
ATIACHMENT I
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THIS AGREEMENT ("Interim Agreement") is made and entered in the City
of Dublin on this 7th day of June 2005 by and between the CITY OF DUBLIN, a
Municipal Corporation (hereafter "City"), and Pulte home corporation, a Michigan
corporation (hereafter "Developer").
RECITALS
A. DEVELOPER desires to develop and holds legal interest in certain
real property consisting of approximately 33.4 acres of land, located in the City of
Dublin, County of Alameda, State of California, which is designated as Tract
7283 and is more particularly described in Exhibit A attached hereto and
incorporated herein by this reference, and which real property is hereafter called
the "F2 Property"; and
B. DEVELOPER acquired its interest in the F2 Property from Chang
Su-O-Un, Hong Uen Un and Hong Yao Un (the "Uns") or the Uns successors in
interest; and
C. The Uns and CITY are parties to a "Master Development
Agreement Between the City of Dublin and The Un Family for the Dublin Ranch
Project (Areas A, B, C, D, E, F, G and H) ("Master Developmenf Agreement"),
section 7 of which requires DEVELOPER to enter into a project-specific
development agreement in accordance with the Eastern Dublin Specific Plan;
and
D. DEVELOPER proposes the development ofthe F2 Property with
121 single-family detached homes (the "Project"); and
E. DEVELOPER has applied for, and CITY has approved various land
use approvals in connection with the development of the Project, including an
amendment to the General Plan and Eastern Dublin Specific Plan (City Council
Resolution No. 47-04), PD District rezoning (City Council Ordinance No. 12-04),
Master Vesting Tentative Map for Tract 7281 (Planning Commission Resolution
No. 04-14), Vesting Tentative Map for Tract 7283 (Neighborhood F2) (Planning
Commission Resolution 04-14), and site development review (Planning
Commission Resolution No. 04-073) (collectively, together with any approvals or
permits now or hereafter issued with respect to the Project, the "Project
Approvals"); and
F. DEVELOPER has applied for a development agreement (the "F2
Property Development Agreement") as required by the Eastern Dublin Specific
Plan and the Master Development Agreement, which the City is presently
processing and which requires Planning Commission review and City Council
approval by Ordinance; and
Dublin/Pulte Homes Interim Agreement
For Dublin Ranch Area F I F2
Page 2 of6
June 7, 2005
"3Jbì
G. DEVELOPER wishes to begin construction of homes prior to the
effective date of the "F2 Property Development Agreement"; and
H. The purpose ofthis agreement is to allow DEVELOPER to begin
construction of a maximum of _ homes in Area F2 prior to the effective date of
the "F2 Property Development Agreement" at DEVELOPER's own risk.
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein
contained, CITY and DEVELOPER agree as follows:
AGREEMENT
1. Description of F2 Propertv.
The property which is the subject of this Interim Agreement is described in
Exhibit A attached hereto ("F2 Property").
2. Interest of Developer.
The DEVELOPER has a legal or equitable interest in the F2 Property in
that it owns the F2 Property in fee simple.
3. Relationship of City and Developer.
It is understood fhat this Agreement is a contract that has been negotiated
and voluntarily entered into by CITY and DEVELOPER and that the
DEVELOPER is not an agent of CITY. The CITY and DEVELOPER hereby
renounce the existence of any form of joint venture or partnership between them,
and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as making the CITY and DEVELOPER
joint venturers or partners.
4. JOffective Date and Term.
4.1 Effective Date. The effective date of this Agreement shall be the
date upon which this Agreement is approved by the City Council.
4.2 Term. The term of this Agreement shall commence on the
effective date and extend until the Effective Date of the F2 Development
Agreement between CITY and DEVELOPER, but in no event shall the term
extend beyond September 15, 2005.
Dublin/Pulle Homes Interim Agreement
For Dublin Ranch Area F / F2
Page 3 of6
June 7, 2005
t1DD 1
5. No Damaaes Aaainst CITY.
In no event shall damages be awarded against CITY upon an event of
default or upon termination of this Agreement.
6. Severabilitv.
The unenforceability, invalidity or illegality of any provisions, covenant,
condition or term of this Agreement shall not render the other provisions
unenforceable, invalid or illegal.
7. Attornevs' Fees and Costs.
If CITY or DEVELOPER initiates any action at law or in equity to enforce
or interpret the terms and conditions ofthis Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs in addition to any
other relief to which it may otherwise be entitled. If any person or entity not a
party to this Agreement initiates an action at law or in equity to challenge the
validity of any provision of this Agreement the parties shall cooperate in
defending such action. DEVELOPER shall bear its own costs of defense as a
real party in interest in any such action, and shall reimburse CITY for all
reasonable court costs and attorneys' fees expended by CITY in defense of any
such action or other proceeding.
8. Indemnification.
DEVELOPER agrees to indemnify, defend and hold harmless CITY, and
its elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
DEVELOPER, or any actions or inactions of DEVELOPER's contractors,
subcontractors, agents, or employees in connection with the construction,
improvement, operation, or maintenance of the Project, provided that
DEVELOPER shall have no indemnification obligation with respect to negligence
or wrongful conduct of CITY, its contractors, subcontractors, agents or
employees or with respect to the maintenance, use or condition of any
improvement after the time it has been dedicated to and accepted by the CITY or
another public entity (except as provided in an improvement agreement or
maintenance bond).
9. DEVELOPER to Bear Risk.
DEVELOPER agrees that it bears all risks associated with the issuance by
CITY of any building permits for homes or other authorizations to construct prior
to the effective date of the F2 Development Agreement including, but not limited
DublinlPulte Homes Interim Agreement
For Dublin Ranch Area F I F2
Page 4 of6
June 7, 2.0.05
5ÞDl
to, the risk that the DEVELOPER will not be able to construct or continue to
construct other aspects of the project because the F2 Development Agreement
never becomes effective (due to a referendum). DEVELOPER agrees, if CITY
issues one or more building permits for homes prior to the Effective Date of the
F2 Development Agreement, that Developer will not claim that it has a vested
right to proceed with construction of the Project on account of the issuance of
such building permit(s).
10. No Guarantee That Permits Will Issue
Nothing in this Agreement shall be construed as an entitlement to
issuance of any permits, including building permits to construct homes. Any
application for a building permit will be considered by CITY in the same manner it
considers issuance of any other permits.
11. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to DEVELOPER shall be addressed as
follows:
Rodger Miller, Director of Land
Pulte Home Corporation
6210 Stoneridge Mall Rd., 5th FI.
Pleasanton, CA 94588
FAX No. (925) 249-4373
A party may change address by giving notice În writing to the other party
and thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
following day or by facsimile transmission which shall be deemed given upon
verification of receipt.
Dublin/Pulte Homes Interim Agreement
For Dublin Ranch Area F I F2
Page 5 at6
June 7, 2005
~COI
12. Aareement is Entire Understandina.
This Agreement constitutes the entire understanding and agreement of the
parties with respect to the issuance of building permits prior to the effective date
of the development agreement.
13. Counterparts.
This Agreement may be executed in two (2) duplicate originals, each of
which shall be deemed to be an original.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY OF DUBLIN:
By:
Mayor
Date:
A TIEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
City Attorney
PUL TE HOME CORPORATION
a Michigan corporation
By:
Date:
Rodger Miller
Its Attorney in Fact
DublinlPulte Homes Interim Agreement
For Dublin Ranch Area F I F2
Page 6 of 6
June 7, 2005
Exhibit A
Legal Description of F2 Property
Real property in the City of Dublin, County of Alameda, State of California,
described as follows:
Parcel 4 as shown on the Final Map of Tract 7281, filed September 3,
2004, Map Book 277, Pages 82 to 85 inclusive, Alameda County Records.
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