HomeMy WebLinkAboutOrd 06-01 DubRanASuppleDAORDINANCE NO. 6 - 01
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE SUPPLEMENTAL DEVELOPMENT AGREEMENT
FOR PA 01-004 TOLL BROTHERS (TOLL CA H, L.P.)
FOR NEIGHBORHOODS A-6 & A-7 OF DUBLIN RANCH AREA A
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Neighborhoods A-6 and A-7 of Dublin Ranch Area A is located within the
boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area, which is designated on the
General Plan Land Use Element Map, and Eastern Dublin Specific Plan Land Use Map as Single Family
land uses.
B. Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section
15182, the proposed project is within the scope of the Final Environmental Impact Report for the Eastern
Dublin General Plan Amendment and Specific Plan, which was certified by the City Council by Resolution
No. 51-93, and the Addenda dated May 4, 1993 and August 22, 1994 (the "EIR") (SCH 91103064).
C. A Development Agreement between the City of Dublin and Toll CA II, L.P. has been
presented to the City Council, a copy of which is attached to the Staff Report as Exhibit A of Attachment 1.
D. A public hearing on the proposed Development Agreement was held before the Planning
Commission on June 26, 2001, for which public notice was given as provided by law.
E. The Planning Commission has made its recommendation to the City Council for approval of
the Development Agreement.
F. A public hearing on the proposed Development Agreement was held before the City
Council on July 3,2001 and July 17, 2001, for which public notice was given as provided by law.
G. The City Council has considered the recommendation of the Planning Commission who
considered the item at the June 26, 2001 meeting, including the Planning Commission's reasons for its
recommendation, the Agenda Statement, all comments received in writing and all testimony received at the
public hearing.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the
(f) the individual Mitigated Negative Declarations (g) the Agenda Statement, and on the basis of the
specific conclusions set forth below, the City Council finds and determines that:
1. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified and contained in the City's General Plan, as amended by the Eastern Dublin
General Plan Amendment, and in the Specific Plan in that (a) the General Plan and Specific Plan land use
designation for the site is Single Family Density Residential Land Uses and the proposed project is a
project consistent with that land use, (b) the project is consistent with the fiscal policies of the General
Plan and Specific Plan with respect to provision of infrastructure and public services, and (c) the
Development Agreement includes provisions relating to vesting of development rights, and similar
provisions set forth in the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real prOperty is located in that the project approvals
include a PD District Overlay Zone for Dublin Ranch Area A, and vesting tentative tract map 7141 and
7142.
3. The Development Agreement is in conformity with public convenience, general welfare and
good land use policies in that Neighborhoods A-6 and A-7 of Dublin Ranch Area A will implement land
use guidelines set forth in the Specific Plan and the General Plan which have planned for residential,
commercial, parks, schools, public and semi-public, open space and campus office uses at this location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
5. The Development Agreement will not adversely affect the orderly development of property
or the preservation of property values in that the project will be consistent with the General Plan and with
the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Exhibit A of Attachment 1 to the
Staff Report) and authorizes the Mayor to sign it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is executed by the Mayor, 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
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State
of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 17h day of July
2001, by the following votes:
AYES: Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
G:01-004 Ord da
~'~ - MAYOR
2
City o.f Dublin
when Recorded IVlail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this tine for Recorde¢s Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY .OF DUBLIN
AND
TOLL CA Il, L.P.
FOR AREAS A-6 and A-7
OF DUBLIN RANCH AREA A
EXHIBIT
THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this day of .... 2001, by and between the CITY OF DUBLIN,
a Municipal Corporation (hereafter "'City"), and Toll CA II, L.P. a California limited
partnership (hereafter collectively "Developer"), pursuant to the authority of
§§ 65864 et seq. of the California Government Code and Dublin Municipal Code,
Chapter 8.56.
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. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property; and
C. DEVELOPER desires to develop and holds legal interest in certain
real property consisting of approximately 38.3 acres of land, located in the City of
Dublin, County of Alameda, State of California, which is designated as Parcels A-
6 and A-7 on the Master Tentative Map for Tract 7135 and is more particularly
described in Exhibit A attached hereto and incorporated herein by this reference,
and which real property is hereafter called the "Property"; and
D, DEVELOPER acquired its interest in the Property from DR
Acquisitions I, LLC, which acquired its interest in the Property from Chang Su-O-
Lin, Hong Lien Lin and Hong Yao Lin (the "Lins"); and
E. The Lins and CITY are parties to a "Master Development
Agreement Between the City of Dublin and The Lin Family for the Dublin Ranch
Project (Areas A, B, C, D, E, F, G and H) ("Master DeVelopment Agreement")",
section 7 of Which requires DEVELOPER to enter into this development
agreement; provided however, this Agreement shall .not impair any developer's
rights under the Master DA; and
F. The Eastern Dublin Specific Plan also requires DEVELOPER to
enter into this development agreement; provided however, this Agreement shall
not impair any developer's rights under the Master DA; and
G. DEVELOPER proposes the development of the Property. with 202
single family detached homes (the "Project"); and
H. DEVELOPER has applied for, and CITY has approved or is
processing, various land use approvals in connection with the development of the
Project, including an amendment to the General Plan and Eastern Dublin
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page'2 of 16
June 20, 2001
Specific Plan (City Council Resolution No. 53-98), PD District rezoning (City
Council Ordinance No. 23-97), general provisions for the PD District rezoning
including the Development Plan (City Council Resolution No. 139-97), Master
Vesting Tentative Map for Tract 7135 (Planning Commission Resolution No. 00-
36), Vesting Tentative Map for Tract 7141 (Neighborhood A-6) (Planning
Commission Resolution 00-42), Vesting Tentative Map for Tract 7142
(Neighborhood A-7) (Planning Commission Resolution 00-43) and s'ite
development review (Planning Commission Resolution Nos. 01-06 [for
neighborhood A-6] and 01-07 [for neighborhood A-7]) (collectively, together with
any approvals or permits now or hereafter issued with respect to the Project, the
"Project Approvals"); and
I. Development of the Property by DEVELOPER may be subject to
certain .future discretionary approvals, which, if granted, shall automatically
become part of the Project Approvals as each such approval becomes effective;
and
J. CITY desires the timely, efficient, orderly and proper development
of said Project; and
K: The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with
Chapter 8.56; and
L. CITY and DEVELOPER have reached agreement and desire to
express herein a Development Agreement that will facilitate development of the
Project subject to conditions set forth herein; and
M. Pursuant to the California Environmental Quality Act (CEQA) the
Planning Commission adopted ResolutiOn Nos. 00-36, 00-42 and 00-43 finding
that the Project is within the scope of the Final Environmental Impact Report for
the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064)
which was certified by the Council by Resolution No. 51-93 and the Addenda
dated May 4, 1993 and August 22, 1994 (the "EIR"); and
N. on
adopted Ordinance No.
ordinance took effect on
2001, the City Council Of the City of Dublin
approving this Development Agreement. The
2001.
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:
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page 3 of 16
June 20, 2001
AGREEMENT
1. Description of Property.
The Property which' is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer..
The DEVELOPER has a legal or equitable interest in the Property in that it
is owns the Property in fee simple.
3. Relationship of City and Develope..r..
It is understood that 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. Effective Date and Term.
4.1 Effective Date. The effective date of this Agreement shall be the
date upon which this Agreement is signed by City.
4.2 Term. The term of this Development Agreement shall commence
on the effective date and extend five (5) years thereafter, unless said term is
otherwise terminated or modified by circumstances set forth in this Agreement.
5. Use of the 'Property.
5.1 Right to Develop. Developer shall have the vested right'to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals (as and when issued), and any amendments
to any of them as shall, from .time to time, be approved pursuant to this
Agreement.
5.2 Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by CITY) and other terms and conditions of development applicable to
the prOperty, shall be those set forth in this Agreement; the Project Approvals
and any amendments to this Agreement or the Project Approvals.
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page 4 of 16
June 20, 2001
5.3 Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto and incorporated herein by
reference.
5.3.1 SubsequentDiscretionaryApprovais. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
other approvals from regulatory agencies.)
Not Applicable
5.3.2 Mitigation Conditions. Additional or modified conditions
agreed upon by the parties in order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3 Phasing, Timing. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5.3.4 Financing Plan, Financial plans which identify necessary
.capi;tal improvements such as streets and utilities and sources of funding.
See Exhibit B'
5.3.5 Fees, Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public faCilities.
See Exhibit B
5.3.7 Miscellaneous. Miscellaneous-terms.
See Exhibit B
6. Applicable Rules, Regulations and Official Policies.
6.1 Rules re Permitted Uses. For the term of this Agreement, the City's
ordihances, resolutions, rules, regulations and official policies governing the
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page 5 of 16
June 20, 200t
permitted uses of the Property, governing density and intensity of use of the
Property and the maximum height, bulk and size Of proposed buildings shall be
those in force and effect on the effective date of the Master Development
Agreement.
6.2 Rules re Design and Construction. Unless otherwise expressly
provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules,
regulations and official policies governing design, improvement and construction
standards and specifications applicable to the Project shall be those in force and
effect at the time of.the applicable discretionary Project Approval..Ordinances,
resolutions, rules, regulations and official policies governing design., improvement
and construction standards and specifications applicable to public improvements
to be ~onstructed by Developer shall be those in force and effect at the time of
the applicable permit approval.
6.3 Uniform Codes Applicable. Unless expressly, provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance
with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and
Fire Codes and Title 24 of the California Code of Regulations, relating to Building
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project.
7. Subsequently Enacted Rules and Regulations.
7.1 New Rules and Regulations. During the term of this Agreement,
the City may apply new or modified ordinances, resolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the effective date of this Agreement and which are not in conflict with those
applicable to the Property as set forth in this Agreement if: (a) the application of
such new or modified ordinances, resolutions, rules, regulations or official
policies would not prevent, impose a substantial financial burden on, or materially
delay develoPment of the Property as contemplated by this Agreement and the
Project Approvals and (b) if such ordinances, resolutions, rules, regulations or
official policies have general applicability.
7.2 Approval of Application. Nothing in this Agreement shall prevent
the CITY from denying or conditionally approving any subsequent land use
permit or authorization for the Project on the basis of such new or modified
ordinances, resolutions, rules, regulations and policies except that such
subsequent actions shall be subject to any conditions, terms, restrictions, and
requirements expressly set forth herein.
7.3 Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of CITY, by initiative, referendum, or otherwise,
that imposes a building moratorium, a limit on the rate of development or a voter-
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
page 6 of 16
June 20, 2001
approval requirement which affects the Project on all or any part of the Property,
CITY agrees that such ordinance, resolution or other measure shall not apply to
the Project, the Property, this Agreement or the Project ApproVals unless the
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in Government Code § 8558.
8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1 Fees, Exactions, Dedications CITY and DEYELOPER agree that
.the fees payable and exactions required in connection with the development of
the Project for purposes of mitigating environmental and other impacts of the
Project, providing infrastructure for the Project and .complying with the Specific
Plan shall be those set forth in the Project Approvals and in this Agreement
(including Exhibit B). The CITY shall not impose or require payment of any other
fees, dedications of land, or construction of any public improvement or facilities,
shall not increase or accelerate existing fees, dedications of land or construction
of public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the
Project Approvals and.this Agreement (including Exhibit B, subparagraph 5.3.5).
8.2 Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective; and (3) the application of
such fees would not prevent development in accordance with this Agreement.
8.3 New Taxes. Any subsequently enacted city-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
p'rospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
8.4 Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution and DEVELOPER does not return its ballot,
DEVELOPER agrees, On behalf of itself and its successors, that CITY may count
DEVELOPER's ballot as affirmatively voting in favor of such assessment, fee or
charge.
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page 7 of 16
June 20, 2001
9. Amendment or Cancellation.
9.1 Modification Because of Conflict with State or Federal Laws. In the
event that state or federal laws or regulations enacted after t~e effective date of
this Agreement prevent or preclude compliance with one or more provisions of
this Agreement or require changes in plans, maps or permits approved by the
City, the parties shall meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation.
Any such amendment or suspension of the Agreement shall be approved by the
City Council in accordance with Chapter 8.56.
9.2 Amendment by Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the parties hereto and in
accordance with the procedures of State law and Chapter 8.56.
9.3 Insubstantial Amendments. Notwithstanding the provisions of the
preceding paragraph 9.2, any. amendments to this Agreement which do not relate
to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted
uses of the Property as provided in paragraph 5.2; (c) provisions for "significant"
reservation or dedication of land as provided in Exhibit B; (d) conditions, terms,
restrictions or requirements for subsequent discretionary actions; (e) the density
or intensity of use of the Project; (f) the maximum height or size of proposed
buildings; or (g) monetary contributions by DEVELOPER as provided in this
Agreement, shall not, except to the extent otherwise required by law, require
notice or public hearing before either the Planning Commission or the City
Council before the parties may execute an amendment hereto. CITY's Public
Works Director shall determine whether a reservation or dedication is
"significant".
9.4 Amendment of Proiect Approvals. Any amendment of Project
Approvals relating to: (a) the permitted'use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (d) the density or intensity of
use of the Project; (e). the maximum height or size of proposed buildings; (f)
monetary contributions by the DEVELOPER; or (g) public improvements to be
constructed by DEVELOPER shall require an amendment of this Agreement.
Such amendment shall be limited'to those provisions Of this Agreement which
are implicated by the amendment of the Project Approval. Any other amendment
of the Project Approvals, or any of them, shall not require amendment of this
Agreement unless the amendment of the Project Approval(s) relates specifically
to some provision of this Agreement.
9.5 Cancellation by Mutual Consent. Except as"otherwise permit[ed
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the parties or their successors in interest, in accordance with the
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
· Page 8 of 16
June 20, 2001
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit
B of this Agreement prior to the date of cancellation shall be retaihed by CITY.
10. Term of Proiect Approvals.
Pursuant to California Government Code Section 66452.6(a), the term of
the vesting tentative map described in Recital H above shall automatically be
extended for the term Of this Agreement. The term of any other Project Approval
shall be extended only if so provided in Exhibit B.
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2002 and each July 15 to August 15 thereafter.
11.2 Initiation of Review. The CITY's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to DEVELOPER thirty (30) days' written notice that the CITY
intends to undertake'such review. DEVELOPER shall provide evidence to the
Community Development Director prior to the hearing on the .annual review, as
and when reasonably determined necessary by the Community Development
Director, to demonstrate good faith compliance with the p-rovisions of the
Development Agreement. The burden of proof by substantial evidence of
compliance is upon the DEVELOPER.
11.3 Staff Reports. To the extent practical, CITY shall deposit in the
mail and fax to DEVELOPER a copy of all staff reports, and related exhibits
concerning contract performance at least five (5) days prior to any annual review.
11.4 Costs. Costs reasonably incurred by CITY in connection with the
annual review shall be paid by DEVELOPER in accordance with the City's
schedule of fees in effect at the time of review.
12. Default.
12.1 Other Remedies Available. Upon the occurrence of an event of
default, the parties may pursue all other remedies at law or in equity which are
not otherwise provided for in this Agreement or in City's regulations governing
development agreements, expressly including the remedy of specific
performance of this Agreement.
12.2 Notice and Cure. Upon the occurrence of an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page 9 of 16
June 20, 2001
Agreement; provided, however, .that if the default cannot be cured within such
.thirty (30) day period, the nondefaulting party shall refrain from any sUch legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3 No Damages Against CITY. In no event shall damages be
awarded against CITY upon an event of default or upon termination of this
Agreement.
13.
from the other party requesting such party to certify in writing that, (a) this
Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in writing,.
or if so amended, identifying the amendments, and (c) to the knowledge of the
certifying party the requesting party is not in default in the performance of its
obligations under this Agreement, or if in default, to describe therein the nature
and amount of any such defaults. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt
thereof, or such longer period as may reaSonably be agreed to by the parties.
City Manager of City shall be authorized to execute any :certificate requested by
DEVELOPER. Should the party receiving the request not execute and return
such certificate within the applicable Period, this shall not be deemed to be a
default, provided that such party shall be deemed to have certified that the
statements in clauses (a) through (c) of this section are true, and any party ma.y~
rely on such deemed certification.
Estoppel Certificate.
Either party may, at any time, and from time to time, request written notice
14. Mortgagee Protection; Certain Rights of Cure.
14.1 Mortgagee Protection. This Agreement shall be suPerior and
senior to any lien placed .upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, but all the terms and conditions contained in' this Agreement shall be
binding upon' and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ("Mortgagee") Who acquires title to the Property,
or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure,
or otherwise.
14.2 Mortgagee Net Obligated. Notwithstanding the provisions of
Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed: in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
Dublin/Toll Development Agreement
For Dublin Rach Area A I A-6 & A~7 ·
Page 10of 16
June 20, 2001
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
14.3 Notice of Default to Mortgagee and Extension of Riqht to Cure. If
CITY receives notice from a Mortgagee requesting.a copy of any notice of default
given DEVELOPER hereunder and specifying the address for service thereof,
then CITY shall deliver to such Mortgagee, concurrently with service thereon to
DEVELOPER, any notice given to DEVELOPER with respect to any claim by
CITY that DEVELOPER has committed an event of default. Each Mortgagee
shall have the right during the same period available to DEVELOPER to cure or
remedy, or to commence to cure or remedy, the event of default claimed set forth
in the CITY's notice. CITY, through its City Manager, may extend the thirty-day
cure. period provided in paragraph 12.2 for not more than an additional sixty (60)
days upon requeSt of DEVELOPER or a Mortgagee.
15. Severability.
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.
16. Attorneys' Fees and Costs.
if CITY or DEVELOPER initiates any.action at law or in equity to enforce
or interpret the terms and conditions of this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and .costs in addition to any
other relief to ~hich 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 or the Project Approvals, 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.
17. Transfers and Assiqnments.
17.1 Right to Assign. DEVELOPER may wish to sell, transfer or assign
all or portions of its Property to other developers (each such other developer is
referred to as a "Transferee',). In connection with any such sale, transfer or
assignment to a Transferee, DEVELOPER may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of DEVELOPER arising
hereunder and that pertain to the portion of the Property being sold or
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page 11 of 16
June 20, 2001
transferred, to such Transferee, provided, however, that: no such transfer, sale or
assignment of DEVELOPER's rights, interests and obligations hereunder shall
occur Without prior written notice to CITY and approval by the City Manager,
which approval shall not be unreasonably withheld or delayed.
17.2 Approval and Notice of Sale, Transfer or Assignment. The City
Manager shall consider and decide on any transfer, sale or assignment within ten
(10) days after DEVELOPER's notice, provided all necessary documents,
certifications and other information are provided to.the City Manager to enable
the City Manager to determine whether the proposed Transferee can perform the
DEVELOPER's obligations hereunder. Notice of any such approved sale,
transfer or assignment (which includes a description of all rights, interests and
obligations that have been transferred and those which have been retained by
DEVELOPER) shall be recorded in the official records of Alameda County, in a
form acceptable to the City Manager, concurrently with such sale, transfer or
assignment.
17.3 Effect of Sale, Transfer or Assignment. DEVELOPER shall be
released from any obligations hereunder sold, transferred or assigned to a
Transferee pursuant to subparagraph 17.1 of this Agreement, provided that: a)
such sate, transfer or assignment has been approved by the City Manager
pursuant to subparagraph 17.1 of this Agreement; and b) such obligations are
expressly assumed by Transferee and provided that such Transferee shall be
subject to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval
pursuant to subparagraphs 17.1 and 17.2 of this Agreement.
17.4 Permitted Transfer, Purchase or Assignment. The sale or other
transfer, of any interest in the Property to a purchaser ("Purchaser") pursuant to
the exercise of any right or remedy under a deed of trust encumbering
DEVELOPER'S interest in the Property-shall not require City Manager approval
Pursuant to the provision of paragraph 17.1. Any subsequent transfer, sale or
assignment by the Purchaser to a subsequent transferee, purchaser, or assignee
shall be subject to the provisions of paragraph 17.1.
17'.5 Termination of A.qreement Upon Sale of Individual Lots to Public.
Notwithstanding any provisions of this Agreement to the contrary, the
burdens of this Agreement shall terminate as to any lot which has been finally
subdivided and individually (and not in "bulk") leased (for a period of longer than
one year) or sold to the purchaser or user thereof and thereupon and without the
execution or recordation of any further document or instrument such lot shall be
released from and no longer be subject to or burdened by the provisions of this
Agreement; provided, however, that the benefits of this Agreement shall continue
to run as to any such lot until a building is constructed on such lot, or until the
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page 12 of 16
June 20, 2001
termination of this Agreement, if earlier, at which time this Agreement shall
terminate as to such lot.
18. Agreement Runs with the Land;
All of the provisions, rights, terms, covenants, and obligations contained in
this Agreement shall be binding upon the parties and their respective heirs,
successors and assignees, representatives, lessees, and all other persons
acquiring the Property, or any portion thereof, or any interest therein, whether by
operation of law or in any manner whatsoever. All of the provisions of this
Agreement Shall be enforceable as equitable servitude and shall constitute
covenants running with the land pursuant to applicable laws, including, but not
limited to, Section 1468 of the Civil Code of the State of California. Each
covenant to do, or refrain from doing, some act on the Property hereunder, or
with respect to any owned property, (a) is for the benefit of such properties and is-
a burden upon such properties, (b) runs with such properties and (c) is binding
upon each party and each successive owner during its ownership of such
properties or any portion thereof, and shall be a benefit to and a burden upon
each party and its property hereunder and each other person succeeding to an
interest in such properties.
19. Bankruptcy.
The obligations of this Agreement shall not .be dischargeable in
bankruptcy.
20. 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 asa 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).
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page 13 of 16
June 20, 2001
21. Insurance.
21.1 Public Liability and ProPerty Damage Insurance. During the term of
this Agreement, DEVELOPER shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than one million dollars ($1,000,000.00) with a Twenty Five Thousand Dollar
($25,000) self insurance retention per claim. The policy so maintained by
DEVELOPER shall name the CITY as an additional insured and shall include
either a severability of interest clause or crOss-liability endorsement.
21.2 Workers-Compensation Insurance. During the term of this
Agreement DEVELOPER shall maintain Worker's Compensation insurance for all
persons employed by DEVELOPER for work at the Project site. DEVELOPER
shall require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. DEVELOPER agrees t°
indemnify the City for any damage resulting from DEVELOPER's failure to
maintain any such insurance.
21.3 Evidence of Insurance. Prior to City Council approval of this
Agreement, DEVELOPER shall furnish CITY satisfactory evidence of the
insurance required in Sections 21.1 and 21.2 and.evidence that the carrier'is
required to give the CITY at least fifteen days prior written notice of the
cancellation or reduction in coverage of a policy. The insurance shall extend to
the CITY,-its elective and appointive boards, commissions, officers, agents,
employees and representatiVes and to DEVELOPER perfor:ming work on the
Project.
22. SeWer and Water.
DEVELOPER acknowledges that it must obtain water and sewer permits
from the Dublin San Ramon Services District ("DSRSD") which is another pUblic
agency not within the control of CITY.
23. 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
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page 14 of 16
June 20, 2001
Notices required to be given to DEVELOPER shall be addressed as follows:
Toll CA II, LP
100 Park Place, Suite 140
San Ramon, CA 94587
A party may change address by giving notice in 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.
24. Agreement is Entire Understandinq.
This Agreement constitutes the entire understanding and agreement of the
parties.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
26. Counterparts.
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an Original.
27. Recordation.
CITY shall record a copy of this Agreement witl~in ten days following
execution by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
Dublin/Toll Development Agreement
For Dublin Rach Area A / A-6 & A-7
Page 15 of 16
June 20, 2001
CITY OF DUBLIN:
By:
Mayor
ATTEST:
Date:
By:
City Clerk
APPROVED AS TO FORM:
Date:
City Attorney
TOLL CA II, LP
a California limited partnership
By:
Print:
Its:
General Partner
Date:
(NOTARIZATION :Al IACHED)
J:\wpdWlnrsw\114\168~Agree\da 061101 .doc
DublinFFoll Development Agreement
For Dublin Rach Area A / A-6 & A~7
Page 16of 16
June 20, 2001
1603~"
5/31,"
B.C.
EXHIBIT
LANDS OF TOLL CA II, L.P.
SUBJECT TO THE DEVELOPMENT AGREEMENT
FOR NEIGHBORHOODS A-6 AND A-7 OF
DUBLIN RANCH
ALL THAT CERTAIN REAL PROPERTY DESCRIBED AS "RESULTANT PARCEL 'B' - LOT LINE
ADJUSTMENT NO. 00-07" IN GRANT DEED SERIES NUMBER 2000340026, AS RECORDED ON
NOVEMBER 16, 2000, IN ALAMEDA COUNTY RECORDS.
END OF DESCRIPTION
" !' '" ' ,." ', '"' .... ~J~'?"
ROBERT
LICENSED L~D SURVEYOR NO. 5412, :, ~-5', ~,71H .~:
STATE O~~O~IA 5, cf<.' .' .. '
//
BAc Y SOBPS
CIVIL ENGINEERING* LA~D PLANNING* LAND SURVEYING
,5142 Franklin Drive Suite B, Pleasanton, CA. 94.588-33,$5
(925) 22~5-0690
] 6034-20bc5-31-01 Ex. AToll,d oc
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparagraph 5.3.1 -- Subsequent Discretionary Approvals
None.
Subparagraph 5.3.2 -- Mitigation Conditions
Subsection a,
Infrastructure Sequencing Program
The Infrastructure. Sequencing Program. for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in ReSolution Nos. 00-36, 00-42 and 00-43 of the City of Dublin
Planning Commission approving the Vesting Tentative Maps for the Master Vesting
Tentative Map (Tract 7135), Neighborhood A-6 (Tract 7141) and Neighborhood A-7
(Tract 7142), respectively (hereafter collectively "TM Resolutions"), and those described
below shall be completed by DEVELOPER to the satisfaction of the Public Works
Director at the times and in the manner specified in the TM Resolutions unless
otherwise provided below. All such roadway improvements shall be constructed to the
satisfaction and requirements of CITY's Public Works Director.
Tract 7'135:
--Conditions 32, 33 and 35 [Drainaqe Easements and Construction; Storm
Drain Lines and Structures; and Off-Site Storm Drainage Easements]
Condition 32 reads as follows:
Drainage Easements and Construction. The developer
shall design and construct all needed 'storm drain lines and
structures in public right of ways (shown in the Master
Vesting Tentative Map Tract 7'135) in order to properly
handle the drainage flows of the project to designated inlet ·
structures, outfalls, ditches or channels to the satisfaCtion of
the Director of Public Works. The existing drainage study if
adequate, shall include an analysis of impacts of the increase
of storm water flows due to development of this project and
surrounding Dublin Ranch projects on the existing drainage
and describe the improvements that will need be constructed
Dublin/Toll Developmen~ Agreement
,For Dublin Ranch Area A / A-6 & A-7
Page 1 of 13
June 21,2001
,L-~,~ ; O' 200'
i~.~,~_ j EXHIBIT " A",, I
__?~ - PAGE 3 OF 31)ESlC. NATED RF_.Y, AIND£I~ AR~ Ho. 3
J~'~ [~.N7'4r~[ 61'26 . '
72.~',.
ARCEL 4~~
~ ~ L~ UNE ADJ~T~
J~ No. "L-gg-1~
RESULTANT
,~ss~'PARCEL 'A' ·
AC.
' ' LOT LINE
R= ~9g.76' ~4 '
~ T22 BE~N~ O[L[TEO 5=5~35'59"~/~
~=1591' L=176.40' ~//f/I 5
b=~ RESULTAI ,;,zz
LiNE TABLE L=285.0g' PARCEL z/~
~ =
LiNE No.
T1
T2
T3
T4
T5
T6
T7
T8
T9
TiO
TI!
T12x
T13x
T14~
T15~
T16m
T17~
Tl8x
T19~
T2O~
T~lx
T22x
BEARING
NO4'40'lS'W
N16'43'46'V
N27'2l'32'~
N38'49'42'~
N30'35'37'U
NO3'49'lS'E
NO3'58'13'W
NZO'41'42'W
N22'56'58'U
N33'45'20'~
N28'13'53'~
N72'49'00'E
N2B'09'I7'E
N75'31*44'E(R)
NTl'28'lg'E(R)
N77'll'49'U
N23'45'49°U
N65'21'lT'W
N26'53'O3'U
N47'54'30'V
N01'37'03'~
N28'I5'OO'E
DISTANCE
58.73'
80.16'
59.83'
90.60' CURVE NO.,. RADIUS
55.23'
159.00'
101.75'
61.76'
83.13'
128.91'
24.09'
68.79'
40.73'
119.00'
4.00'
141.45'
129.14'
59. 74'
5.23'
23.87'
6.6~
11,86'
CURVE TABLE
DELTA LENGTH
Clx 136B. 00' 04'03'25' 96.86'
C2~ 143.00' 62'16'42' 155.44'
C3~ 157.00' 84'27'16' 231.42'
C4x 143.00' 80'50'42' 201.77'
CSx 60.00' 53'26'00' 55.96'
C6x 95.00' '41'35'28' 68.96'
· CTx 80.00' 38'28'14' 53.72'
CBx 95.00' 21'01'27' 34.86'
cgx 35.00' 46'17'27' 28.28'
CIO~ 60.00' 29'52'03' 31.28'
*. = NEW DATA
P.O.B. = POINT OF BEGINNING
50.959 AC.
12-31-2000
No~ 5859
OF
PLAT TO ACCOMPANY
DESCRIPTION
R£SULTAN'~ I~A~CIFL "B" ~'~ L~ -- O0 -- 07
CITY OF DUBLIN, STATE OF CALIFORNIA
DATE
mAOKAY&S0mPS
CML ENOINE£RiN~,.LAND PLANN~NG-L~ND SURVE~N¢
~ON, CA. 94588 (925) 225-0690
10-51 --2000 NO. 16054 --2
BY: F.C.I. DWG.: LLA2
to mitigate such impacts. The Study shaft include hydrology
and conceptual hydrauftcs calculations of ex/sting and
proposed final storm drain lines and channels to 1-580 and/or
Tassajara Creek. The Study shall be completed before the
Final Map approval to the satisfaction of the Director of Pubfic
Works and Alameda County Flood Control and Water
Conservation District Zone 7. The Developer shaft grant to the
City afl needed drainage easements necessary to construct
drainage improvements shown on the Master Vesting
Tentative Map Tract 7135 to the satisfaction of the Director of
Public Works prior to the filing of the Final Map.
Condition 33 reads as follows:
Storm Drain Lines and Structures.. The Developer shall
design and construct aft needed storm drain lines and .
structures in public right-of-ways and/or easements in order
to properly handle the drainage flows .of this project to
designated creeks or channels to the satisfaction of the
Director of Public Works. The Developer shaft obtain any
drainage easements needed to construct' drainage
improvements prior to filing of the Final Map.
Condition 35 reads as follows:
Off-Site Storm Drainage Easements. Off-site storm
drainage easements shall be as indicated on the approved
Tentative Map or as determined by the Director of Public
Works.
The easements required by Conditions 32, 33 and 35 shall be
recorded prior to issuance of the first Certificate of Occupancy in
Neighborhood A-6 or Neighborhood A-7.
-:Condition 53 [Master CC&R's]
Condition 53 reads as follows:
Prior to first subsequent final map approval, creating for'sale
lots, the Developer shaft prepare a'master covenants
conditions and restrictions (CC&R) document specifying that
a Community Homeowner's Association covering all parcels
within the Tentative Map shaft be formed, covering
maintenance of the private open space parcels, pedestrian
trails, creeks, and recreational facility. The document shaft
be reviewed and approved by City Attorney and Director of
Dublin/Toll Development Agreement
For Dublin Ranch Area A / A.6 & A-7
Page 2 of 13
June 21, 2001
Public Works. Recording of the master CC&R document
shaft take place prior to approval of the first subsequent final
map creating for sale lots.
The CC&R's required by Condition 53 shall be recorded prior to
issuance of the first Certificate of Occupancy in Neighborhood A-6 or
Neighborhood A-7. DEVELOPER agrees not to close escrow with any
purchaser of an individual lot until the CC&R's are recorded. All other
provisions of Condition 53 remain unchanged.
--Condition 54 [Homeowner's Association]
Condition 54 reads as foflows:
Homeowner's Association; The Developer shaft establish
a subdivision Homeowners Association that will monitor and
oversee and be responsible for the maintenance of owner-
maintained City street landscape areas and common areas.
In the event that any such landscape area falls into a state of
disrepair, the City will have the right, but not the obligation, to
take corrective .measures and bill the appropriate 'homeowner
and/or the homeowner's association for the cost of such
repair and corrective maintenance work plus City overhead.
These requirements shall be included in the project
Conditions, Covenants and Restrictions documents (CC&R).
The Developer shall submit the project CC&Rs for review and
approval by the Director of Public Works and the Director of
Community Development.
The CC&R's required by Condition 54 shall be recorded prior to
issuance of the first Certificate of Occupancy in NeighborhoOd A-6 or
Neighborhood A-7. DEVELOPER agrees not to close escrow with any
purchaser of an individual lot until the CC&R's are recorded. All other
provisions of Condition 54 remain unchanged.
--Condition 77 rlmprovement and Dedication of Fallon Road Adiacent to A-
6 and A-7]:
Condition '77 reads as foflows:
Applicant/Developer shaft improve Fafton Road to the
,satisfaction of the Director of Public Works, as shown on the
Vesting Tentative MaP for Tract No. 7~35 dated revised June
2000 in conjunction with the development of Neighborhoods
A-6 and A-7. Design of any parkway areas intended to be
constructed in advance will be coordinated with the design
Dublin/Toll Development Agreement
For Dublin 'Ranch Area A I A-6 & A-7
Page 3 of 13
June 21,200I
concept for Area A as determined by the Public Works
Department. Phasing of this improvement shall be in
accordance with the approved plans submitted with this
application or by approval of the Director of Public Works.
The improvements required by Condition 77 shall be completed
prior to issuance of the first Certificate of Oocupancy in Neighborhood A-6
or Neighborhood A~7.
--Condition 78 [Dublin Boulevard/Dougherty Road Intersection
Improvement]:
Condition 78 reads as follows:
Dublin Boulevard/Dougherty Road Intersection
Improvement. The Appficant/Developer shall be responsible
for the project fair share contribution towards the City
Capital improvements project for the following
improvements to the Dublin Blvd. and Dougherty Road
intersection:
a. Eastbound Dublin Boulevard, exclusive right-
turn lane to Southbound Dougherty Road.
b. Northbound Dougherty Road, exclusive right-
turn lane to eastbound Dublin BoUlevard.
c. Westbound Dublin Boulevard restriped to
provide an additional left turn lane to
southbound Dougherty Road.
d. Modifications to the Traffic Signal.
This is a category 2 TIF improvement. In the event that the
City has a shortfall of'category 2 funds available to
complete the above list of improvements, the Developer
shall contribute, the remaining balance of the funds needed
to complete the specified improvements to the satisfaction
of the Director of Public Works. To the extent practical, the
notice shall be timed so that the work shall be completed
immediately prior to the point where'the Level of Service E
occurs. These funds will be based on the percent of trip
contribution to the intersection defined and approved by the
Director of Public'Works. This intersection improvement is
a TIF improvement. Therefore costs spent may be credited
against the payment of traffic impact fees in accordance
with City TIF Guidelines.
DEVELOP~ER shall provide CITY with DEVELOPER's fair share, as
determined by CI~, for the costs of design and construction of Dublin
Dublin/Toll Development Agreement
For Dublin Ranch Area A / A-6 & A-7
Page 4 of 13.
June 21,2001
Boulevard/Dougherty Road Intersection Improvements by a payment to
CITY in cash in the amount of the deficiency, if any, between funds
available to CITY for CIP Project #9689 [Dougherty Road/Dublin Blvd.
Intersection] and the cost of such project, such payment to be made within
30 days of written notice from the Public Works Director to be given
following bid opening.
--Condition 85 [Interim Fallon Road Improvements]:
Condition 85 reads as follows:
Interim Fallon Road Improvements. With the construction
of any deve/opment in Parcels A-6 and A-7., App/icant/
Developer sha// construct Fa//on Road interim improvements
in accordance with the approved u/timate precise p/an of
Dub/in Ranch Tract 7?35 shown on page 28of "Supp/ementa/
Information" of the TM/SDR Book prepared by MacKay and.
Somps date December 1999 and revised June 2000 and has
been approved by the Director of Public Works with the
exception of the intersection of new Fallon Road and old
Fallon Road. At this intersection, Fallon Road shaft be
designed with a minimum of 30-mph design speed from New
Fallon Road to ex/sting Fallon Road at a maximum slope of
the intersection of 6 percent. The existing northerly section of
Fallon Road shall be reconstructed at this intersection to
connect into the new Fallon road at a tee intersection (90°) as
approved by the Director of Public works.
The improvements required by Condition 85 shall be completed
prior to issuance of the first Certificate of Occupancy in Neighborhood A-6
or Neighborhood A-7.
--Condition 99 [Interchange signals off Fallon Road]
Condition 99 reads as follows:
Interchange Signals off Faflon Road. Applicant/Developer
shall construct Fallon Road Interchange signals at eastbound
and westbound off ramps of 1-580 and Faflon Road as
aPproved by Caltrans and the D/rector of Public Works.
Construction of the signals required by Condition 99 will be required
with either Phase II or Phase Ill of the Master Vesting.Tentative Map.
However, prior to construction of signals, DEVELOPER will install all-way
stop signs at eastbound and westbound off ramp intersections of 1-580
and Fallon Road as approved by Caltrans and the Director of Public
Dublin/Toll Development Agreement
For Dublin Ranch Area A / A-6 & A-7
Page 5 of 13
June 21, 2001
Works. Traffic Signals at these intersections will not be required until
occupancy of last residential lot of the final phase of A2-A5 of Dublin
Ranch Area A or before the extension of Dublin Boulevard to Fallon Road
is open to the public, which ever occurs first.
Tract 7141/A-6:
--Condition 56 [(Offsite) Traffic Signals]:
Condition 56 shall be revised to read as follows:.
Offsite]Traffic Signals. If not constructed by previous
developer, Applicant/Developer is responsible for the traffic
signal design and installation of conduit for the future
signalization at the following intersections to the satisfaction
of the Director of Public Works:
a. Bent Tree Drive and Faflon Road
b. Gleason Road and Fallon Road
c. Antone Way and Fafton Road
The signal improvements shall accommodate conversion to
serve a ultimate three and four-legged intersections, to the
extent possible, minimizing replacement or relocation of
improvements. 7'.ftc cc?. "~ *~' .... .4,,;+ ,.~...,, ~... ,~,,
I ~,.,,~,,~-~,,~,~,,,%/- ~, · ~/~-',,v~''~'v'~l'"~'~ '''~°' ' '' ~' ~'~''
Applicant/Developer shaft be responsible for constructing
and/or funding aft interim improvements as determined by the
Director of Public Works. In the event that a improvement
agreement for the installation of the ultimate traffic signals
fails to be reached, Applicant/Developer shaft be responsible
for the installation ot~ the future traffic signals.
The improvements required by Condition 56 shall be completed prior to
issuance of the last Certificate of Occupancy in Neighb°rhoodA-6 or
Neighborhood A-7, provided DEVELOPER shall not be responsible for
deSign of the signal at Gleason Road/Fallon Road if DEVELOPER
provides the Director of Public Works with assurances to his satisfaction
that DEVELOPER will construct Dublin Boulevard, rather than Gleason
Drive, pursuant to Condition 83 of Resolution No. 00-36 (approving Tract
7135).
Tract 7142/A-7:
Dublin/Toll Development Agreement
For Dublin Ranch Area A / A-6 & A-7
Page 6 of 13
June 21, 2001
-~Condition 26 [(Offsite) T.I.F. Improvement of Fallon Road]:
Condition No. 26 shall be revised to read as follows:
[Offsite]T.I,F. Improvement of Failon Road.
Appftcant/Developer shaft improve Fallon Road and construct
four travel lanes (2 northbound and 2 southbound) median
landscaping and landscaping~.v. ''/ ...... .~ ,.. vj~;.,.'* ........ ~','.-.,"+"'-"-~ from the
existing terminus of Fallon Road north to the intersection of
Antone Way tc *~'" '*"'"~' .... ~. ..., ..... ¢ ~_..~¢ r. ......
M~.~t~2~sc Dr¢.;'s in accordance with the precise plans
approved on pag~ 28 of the "Supplemental
Information" of the SDR/VTM book prepared by MacKay and
Somps dated December 1999 and revised June 2000 and to
the satisfaction of the Director of Public Works.
The goal of the overafl improvement plan is to construct afl
TIF improvements needed for capacity and access to Dublin
Ranch Area A while maximizing conformance to the ultimate
improvements and minimizing interim, "throw-away"
improvements. The Director of Public Works shaft review and
approve aft street geometrics of the interim improvements.
Applicant/Developer shaft be responsible for constructing
and/or funding improvements as allocated under the terms of
an agreement among the above parties for improvement of
the road. Applicant/Developer Shaft receive TfF credit for all
TIF improvements constructed in the ultimate alignment.
Appficant/Developer shaft be responsible for the construction
of the offsite TIF improvements conditioned under Tract No.
7135 for Phase I, as shown on the "Area A " Roadway..
Phasing diagram.
The improvements required by Condition 26 shall be completed prior to
issuance of the first Certificate of Occupancy in Neighborhood A-6 or
NeighborhOod A'7.
--Condition 50 [Landscaping Fire Buffer Zone]:
Condition No. 50 shall be revised to read as follows:
In the event that the golf course landscaping is not instafled
at the time of occupancy of any units in the subdivision, the
APPficant /Developer shall construct landscaping for a
temporary Fire Buffer Zone along the no,'-C, hcr/y easter/?
Dublin/Toll Development Agreement
For Dublin Ranch Area A I A-6 & A-7
Page 7 of 13
June 21, 2001
boundary fine Of the subdivision to prevent the spread of fires
as specified in the Wildfire Management plan.
--Condition 58 [(Offsite) Traffic Signals]:
Condition No. 58 shall be revised to read as foflows:
[Offsite]Traffic Signals. If not constructed by previous
developer, Applicant/Developer is responsible for the traffic
signal design and installation of conduit for the future
signalization at the following intersections to the satisfaction
of the Director of Public Works:
a. Bent Tree Drive and Fa/Ion Road
b. G/eason Road and Fa/Ion Road
c. Antone Way and Fa/Ion Road
The signal improvements shall accommodate conversion to
serve a ultimate three and four-legged intersections to the
extent possible, minimizing replacement or relocation of
improvements
Applicant/Developer shall be responsible for constructing
and/or funding all interUm improvements as determined by
the Director of Public Works. In the event that a
improvement agreement for the installation of the ultimate
traffic signals fails to be reached, Applicant/Developer shall
be responsible for the installation of the future traffic signals.
The improvements required by Condition 58 shall be completed prior to
issuance of the first Certificate of Occupancy in Neighborhood A-6 or
Neighborhood A-7, provided DEVELOPER shall not be responsible for
design of the signal at Gleason Road/Fallon Road if DEVELOPER
provides the Director of Public Works with assurances to his satisfaction
that DEVELOPER will construct Dublin Boulevard, rather than Gleason
Drive, pursuant to. Condition 83 of Resolution No. 00-36 (approving Tract
7135)
(ii) Sewer
All sanitary seWer improvements to serve the project site (or any
recorded phase of the Project) shall be completed, in accordance with DSRSD
requirements.
Dublin/Toll Development Agreement
For Dublin Ranch Area A 1A-6 & A-7
Page 8 of 13
June 21,2001
(iii) Water
An alt weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the tentative map
tothe satisfaction and requirements of the CITY's fire department.
All potable water system components to serve the project site (or
any recorded phase of the Project) shall be completed in accordance with the DSRSD
requirements.
Recycled water lines shall be installed in accordance with the
tentative map.
(iv) Storm Drainage
Prior to issuance of the first Certificate of Occupancy for any
building which is part of the Project, .the storm drainage systems off site, as well as on
site drainage syStems to the areas to be occupied, shall be improved consistent with the
Drainage .Plan and to the satisfaction and requirements of the Dublin Public Works
Department applying CITY's and Zone 7 (Alameda County Flood Control and Water
Conservation District, Zone 7) standards and policies which are in force and effect at
the time of issuance of the permit for the proposed improvements. The site shall also
be protected from storm flow from off site and shall have erosion control measures in
place to protect downstream facilities and properties from erosion and unclean storm
water consistent with the Drainage Plan. As used herein, "Drainage Plan" Shall refer to
CITY's master drainage plan.
DEVELOPER agrees to participate in a drainage benefit district or
such other mechanism as may be established by CITY in the future to reimburse other
developers for oversizing drainage facilities that benefit the Property.
(v) · Other Utilities (e.g. ,qas, electricity, cable televisions,
telephone)
Construction shall be complete by phase prior to issuance of the
first Certificate of Occupancy for. any building within that specific phase of occupancy.
Subsection b. Miscellaneous'
(i) Completion May be Deferred.
Notwithstanding the foregoing, CITY's Public Works Director may,
in his or her sole discretion and upon receipt of documentation in a form satisfactory to
the Public Works Director that assures completion, allow DEVELOPER to defer
completion of discrete portions of any public improvements for the Project if the Public
Dublin/Toll Development Agreement
For Dublin Ranch Area A / A-6 & A-7
Page 9 of 13
June 21,2001
Works Director determines that to do so would not jeopardize the public health, safety
or welfare.
Subparagraph 5.3.3 -- Phasing, Timin_cl
This Agreement contains no requirements that DEVELOPER must initiate or
complete development of the Project within any period of time set by CITY. It is the
intention of this provision that DEVELOPER be able to develop the Property in
accordance with its own time schedules and the Project Approvals.
Subparagraph 5.3.4-- Financing Plan
DEVELOPER will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements which qualify for credits as provided in
Subparagraph 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and recycled
water services to the Project will be made available by the Dublin San Ramon Services
District. DEVELOPER will enter into an "Area Wide Facilities Agreement" with'the
Dublin San Ramon Services District to pay for the cost of extending such services to the
Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and
(iii) above.
Subparagraph 5.3.5 -- Fees, Dedications
Subsection a. Traffic Impact Fees.
-- DEVELOPER shall Pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 225-99, including any future amendments to such fee.
DEVELOPER wi. Il pay such fees no later than the time of issuance of building permits
and in the then-current amount of the impact fee.
DEVELOPER further agrees that it will pay three percent (3%) of the
"Section 1/Category 1'" portion of the TIF in cash.
DEVELOPER also agrees that it will pay 12.4% of the "Section 2/Category
2" portion of the TIF in cash. If CITY amends its TI'F fee and as a result the CITY's
outstanding balance due on loans is less than 12.4% of total Section 2/Category 2
· improvements, the DEVELOPER shall pay such reduced percentage of the "Section
2/Category 2" portion of the TIF in cash.
Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freeway
Interchanges.
DEVELOPER shall pay the Eastern. Dublin 1-580 Interchange Fee
established by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-
Dublin/Toll Development Agreement
For Dublin Ranch Area A / A-6 & A-7
Page 10 of 13
June 21,2001
98 and by any subsequent resolution which revises.such Fee. DEVELOPER will pay
such fees no later than the time of issuance of building permits and in the then-current
amount of the impact fee.
Subsection c.
Public Facilities Fees.
DEVELOPER shall pay a Public Facilities Fee established by City of
Dublin Resolution No. 60-99, including any future amendments to such fee.
DEVELOPER will pay Such fees no later than the time of issuance of building permits
and in the then-current amount of the fee. DEVELOPER may use the credits for
payment of the Community Park Land portion of the Public Facilities Fee granted to the
Lin Family by the Master Development Agreement in accordance with City's Public
Facilities Fee Guidelines (Resolution 195-99).
Subsection d.
Noise Mitigation Fee.
DEVELOPER shall pay a Noise Mitigation Fee established by City of
Dublin Resolution No. 33-96, including any future amendments to such fee.
DEVELOPER will pay such fees no later than the time of issuance of building permits
and in the then-current amount of the fee.
Subsection e.
School Impact Fees.
School impact fees shall be paid by DEVELOPER in accordance with
Government Code section 53080 and the agreement between DEVELOPER's
predecessor in interest and the Dublin Unified School District regarding payment of
mitigation fees.
Subsection f.
Fire Impact Fees.
DEVELOPER shall pay a fire-facilities fee established by City of Dublin
Resolution No. 208-00 including any future amendments to such fee. DEVELOPER will
pay such fees no later than the time of issuance of building permits and in the then-
current amount of the fee.
Subsection _Cl. Tri-Valley Transportation' Development Impact Fee.
DEVELOPER shall pay the Tri-Valley' Transportation Development Fee in
the amount and at the times set forth in City of Dublin Resolution No. 89-98 or any
subsequent resolution which revises such fee.' DEVELOPER will pay such fees no later
than the time of issuance of building permits and in the then-current amount of the
impact fee.
Dublin/Toll Development Agreement
For Dublin Ranch Area A / A-6 & A-7
Page 11 of 13
June 21, 2001
Subparagraph 5.3.6 -, Credit
Subsection a. Traffic Impact Fee Improvements ;- Credit
CITY shall provide a credit to DEVELOPER for,those improvements
described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such
improvements are constructed by the DEVELOPER in their ultimate location. All
aspects of the credit shall be covered by CITY's Administrative Guidelines for Eastern
Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF Guidelines").
SubSection b. Traffic Impact Fee Right-of-Way Dedications -- Credit
. CITY shall provide a Credit to DEVELOPER for any TIF area right-of-way
to be dedicated by DEVELOPER to CITY which is required for improvements which are
described in the resolution establishing the Eastern Dublin Traffic Impact Fee. All
aspects of the credits shall be governed by the TIF Guidelines.
Subparagraph 5.3.6 --Miscellaneous
Subsection a. Conditions 106 to 111 of ResOlution 00-36 and Effect of
Payment of Fire Impact Fee
As Provided above (5.3.5; subsection f), DEVELOPER shall pay the Fire
Impact Fee at the time of issuance of each building ,permit. All such fees paid by
DEVELOPER for the Project shall reduce the obligation of the Lins (DEVELOPER's
predecessor in interest) under Condition 106 of Resolution No. 00-36 to construct a
permanent fire station and to provide funding for acquisition of fire apparatus and
equipment on a dollar-for-dollar basis. Alternatively, if the Lins exercise their option to
advance funds under Condition 110 of Resolution No. 00-36, such fees shall reduce the
amount of money to be advanced to CITY under Condition 110 on a dollar-for-dollar
basis.
Subsection b.
Precise Aliqnment for Fallon Road
DEVELOPER agrees that CITY will not issue the first Certificate of Occupancy
for any building in Neighborhood A-6 or Neighborhood A-7 until CITY' has received the
precise alignment and documents specified bellow, as reqUired by Section 1. of the
"Improvement Agreement/Fallon Road North," between CITY and DEVELOPER'S
predecessor, DR Acquisitions, LLC, dated February 6, 2001:
1 A metes and bounds legal description and Plat of Fallon Road ultimate right
of way from 1-580 to Tassajara Road.
2. Diagrams showing the quantity of square footage of existing and proposed
right of waY of each parcel affected by the alignment.
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For Dublin Ranch Area A / A~6 & A-7
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June 21, 2001
3. Dimensioned Road Alignment plans (40 scale) showing dimensions and
configuration of all proposed ultimate travel lanes, center medians, curbs,
center line, right and left turn lanes, transitions, rights of way, basis of
bearings, centerline stationing, locations of proposed intersecting streets, all
right and left turn lanes, and slope and drainage easements from Fallon Road
to Tassajara Road, as reviewed and approved by the Director of Public
Works.
4. Math closure calculations of metes and bounds legal description.
5. Typical Cross-sections of a 6 and 4 lane Fallon Road configuration.
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Dublin/Toll DeveloPment Agreement
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