HomeMy WebLinkAboutItem 6.4 Hansen Hill Ranch Dev Agreement (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 24, 1992
SUBJECT: Public Hearing PA 91-099 Hansen Hill Ranch
Project Development Agreement
REPORT PREPARED BY: Laurence L. Tong, Planning Director
EXHIBITS ATTACHED: Exhibit A: Draft Ordinance approving
Development Agreement for the
Hansen Hill Ranch Project
RECOMMENDATION: 1) Open public hearing and hear Staff
presentation
2) Take testimony from Applicant and public
3) Question Staff, Applicant and public
4) Close public hearing and deliberate
5) Waive second reading and adopt Ordinance
approving Development Agreement for the
Hansen Hill Ranch Project
FINANCIAL STATEMENT: (See Description Section)
DESCRIPTION:
On February 10, 1992, the City Council held a public hearing on
the Hansen Hill Ranch Development Agreement. The City Council adopted
a Negative Declaration for the project, waived the first reading and
introduced the Ordinance approving the Development Agreement for the
Hansen Hill Ranch project.
The Donald L. Bren Company, represented by Michael Toohey, is the
developer of the 180 unit Hansen Hill Ranch project. The proposed
Development Agreement is a contract between the City and the
Developer.
In summary, the proposed Development Agreement would provide for
the following:
1. The City would extend the project approval for eight (8)
years from the date the agreement is recorded.
2 . The Developer would pay the City $150,000 for affordable
housing purposes, subject to reduction should the City adopt
a lower inclusionary housing in-lieu fee. The Developer
would pay a $60,000 portion at the time the Final Map for
Phase I, 72 units, is recorded. The Developer would pay the
remaining $90,000 portion at the time the Final Map for
Phase II, 108 units, is recorded, subject to Consumer Price
Index increases .
3. The Developer would pay the City $190,728 for park
dedication in-lieu fees for Phase I, 72 units, by April 1,
1992, or earlier. The Developer would pay the City the
Phase II, 108 unit, park dedication in-lieu fees when the
Final Map for Phase II is recorded.
4 . The Developer would construct and dedicate to the City a 12-
foot access road along Martin Canyon Creek for public access
and maintenance purposes.
5. The Developer would gravel a portion of the existing off-
site fire/jeep trail that is adjacent to the project's
northern property line.
The complete details are contained in the proposed Development
Agreement (see Exhibit A) .
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ITEM NO. COPIES TO: General/Agenda File
Applicant/Owner
Project Planner
CITY CLERK
D
FILE D
CITY OF DUBLIN
Ordinance No.
AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT FOR THE
HANSEN HILL RANCH PROJECT
The City Council of the City of Dublin does ORDAIN as follows :
Section 1 . RECITALS
A. A Development Agreement between the City of Dublin and
Donald L. Bren Company ( "Development Agreement" ) , owner of the
property commonly known as the Hansen Hill Ranch has been presented to
the City Council, a copy of which is attached hereto as Attachment 1 .
B. A public hearing on the proposed Development Agreement was
held before the Planning Commission on January 21, 1992, for which
public notice was given as provided by law.
C. The Planning Commission has made its recommendation to the
City Council for approval of the Development Agreement, which
recommendation includes the Planning Commission' s determinations with
respect to the matters set forth in Section 8 . 12 . 080 of the Dublin
Municipal Code.
D. A public hearing on the proposed Development Agreement was
held before the City Council on February 10, 1992 , for which public
notice was given as provided by law.
E. The City Council has considered the recommendation of the
Planning Commission (Planning Commission Resolution No. 92-004 ) ,
including the Planning Commission' s reasons for its recommendation,
the staff report, all comments received in writing and all testimony
received at the public hearing.
F. The City Council has adopted a resolution approving a
Negative Declaration for the Development Agreement.
Section 2 . FINDINGS AND DETERMINATIONS
Therefore, on the basis of the foregoing Recitals, the City
Council finds and determines for the reasons set forth in Planning
Commission Resolution No. 92-004 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.
2 . The Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for, the land use
district in which the real property is located.
3 . The Development Agreement is in conformity with public
convenience, general welfare and good land use policies .
1 EXHIBIT.
4 . The Development Agreement will not be detrimental to the
health, safety and general welfare.
5 . The Development Agreement will not adversely affect the
orderly development of property or the preservation of property
values .
Section 3 . APPROVAL
The City Council hereby approves the Development Agreement and
authorizes the Mayor to sign it.
Section 4 . RECORDATION
Within ten 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 this 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, APPROVED AND ADOPTED by the City Council of the City of
Dublin on this 24th day of February, 1992, by the following vote:
AYES:
NOES :
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Dublin, City Clerk
100 Civic Plaza Drive
P. 0. Box 2340
Dublin, CA 94568
Space above this line for Recorder ' s Use
DEVELOPMENT AGREEMENT
CITY OF DUBLIN
FOR THE HANSEN HILL RANCH PROJECT
THIS DEVELOPMENT AGREEMENT is made and entered in
the City of Dublin on this day of , 1992 ,
by and between the CITY OF DUBLIN, a Municipal Corporation
(hereinafter referred to as "City") , and DONALD L. BREN
COMPANY, a California corporation (hereinafter referred to
as "Developer") , pursuant to the authority of §§ 65864 et
sec . of the California Government Code and City of Dublin
Ordinance No. 8-91.
RECITALS
A. California Government Code §§ 65864 et seq.
and Dublin Ordinance No. 8-91 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. DEVELOPER desires to develop and holds legal
interest in certain real property consisting of
approximately 147 acres•: of land, located in the City of
Dublin, County of Alameda, State of California, which is
more particularly described in Exhibit A attached hereto and
incorporated herein by this reference, and which real
property is hereinafter called the "Property" ; and
C. DEVELOPER proposes the development of the
Property with 180 single-family homes (the "Project") ; and
HANSEN AGREEMENT 1
February 11, 1992
ATTACHMENT 1
D. DEVELOPER has applied for, and CITY has
approved, various land use approvals in connection with the
development of the Project, including a general plan
amendment (Res. No. 021-89) , a planned development prezoning
(Res. No. 129-89) , a tentative map (Res. No. 130-89) , site
development review, and a conditional use permit (Planning
Commission Resolution No. -92) (collectively, together
with any approvals or perm is now or hereafter issued with
respect to the Project, the "Project Approvals") ; and
E. On August 27 , 1990, the CITY duly ordered the
annexation of the Project, formerly located in an
unincorporated area, to the CITY' s jurisdiction, which
annexation was effective on May 23 , 1991.
F. CITY desires the timely, efficient, orderly
and proper development of said Project; and
G. The City Council has found that, among other
things, this Development Agreement is consistent with its
General Plan and has been reviewed and evaluated in
accordance with Dublin Ordinance No. 8-91; and
H. 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.
I. On , 1992 , the City Council of
the City of Dublin adopted Ordinance No. approving
this Development Agreement. The ordinance took effect on
, 1992 ;
J. An Environmental Impact Report and Addendum
were prepared for a general plan amendment ("General Plan
EIR") , which documents were certified by the City Council of
CITY as being complete for the general plan amendment
entitled the "Hansen Hill Ranch General Plan Amendment" by
Resolution No. 19-89 on February 27 , 1989 . A mitigation
monitoring program covering the general plan amendment was
approved by the City Council on February 27 , 1989 by
Resolution No. 20-89 . On November 27 , 1989 , the City
Council adopted Resolution No. 127-89, approving a mitigated
negative declaration for the Project, consisting of 180
residential lots on a 147-acre site. On ,
1992 , the City Council adopted a negative declaration for
this Development Agreement, by Resolution No. -92 .
HANSEN AGREEMENT 2
February 6, 1992
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 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 owns the Property in fee title.
3 . Relationship of City and Developer.
3 . 1 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.
3 . 2 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 The effective date of this Agreement shall be
the date upon which this Agreement is recorded in the Office
of the Alameda County Recorder.
4 . 2 The initial term of this Development Agreement
shall commence on the effective date and extend eight
(8) years thereafter, unless said term is otherwise
terminated, modified or extended by circumstances set forth
in this Agreement. This Agreement shall terminate upon
completion of construction of all 180 units and the
performance of the conditions set forth in Exhibit B. Upon
request of DEVELOPER, CITY will record a document evidencing
termination of this Agreement.
4 . 3 If Developer has exercised reasonable
diligence to obtain, but has been unable to obtain, water
hook-ups and sewer connections providing adequate water and
HANSEN AGREEMENT 3
February 6, 1992
sewer service to the Project by the date that is one hundred
eighty (180) days prior to the date of expiration of this
Agreement, then, so long as Developer continues to exercise
such reasonable diligence during such 180-day period, at the
conclusion of the term of this Agreement, this Agreement
shall automatically be extended one day for each additional
day that Developer is unable to obtain such adequate water
hook-ups and sewer connections, provided that in no event
shall this Agreement be extended for more than two (2)
years.
5. Use of the Property.
5. 1 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 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 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.
5. 3 Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto and
incorporated herein by reference.
5. 3 . 1 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.
5. 3 . 2 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.
5. 3 . 3 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.
HANSEN AGREEMENT 4
February 6, 1992
5. 3 . 4 Terms relating to subsequent
reimbursement over time for financing of necessary public
facilities.
5. 3 . 5 Terms relating to payment of fees.
6. Applicable Rules, Regulations and Official
Policies.
6. 1 For the term of this Agreement, the City's
ordinances, resolutions, rules, regulations and official
policies governing the 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
this Agreement.
6. 2 Unless expressly provided in Paragraphs 5
and/or 6. 1 of this Agreement, the ordinances, resolutions,
rules, regulations and official policies governing design,
improvement and construction standards and specifications
applicable to the Project, including but not limited to, all
public improvements, shall be those in force and effect at
the time of the applicable permit approval.
6. 3 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, and Electrical 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 The CITY may, hereafter, during the term of
this Agreement, apply such newer enacted or modified
ordinances, resolutions, rules, regulations and official
policies of the City which are not in conflict with those
applicable to the Property as set forth in this Agreement
and application of which would not prevent or materially
delay development of the Property as contemplated by this
Agreement and the Project Approvals.
7 . 2 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
HANSEN AGREEMENT 5
February 6, 1992
actions shall be subject to any conditions, terms,
restrictions, and requirements expressly set forth herein.
7 . 3 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 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 and Taxes.
No fees imposed on new development, such as traffic
impact fees, fees for the provision of affordable housing,
inclusionary housing in-lieu fees, child care fees or other
similar development fees, adopted by the CITY subsequent to
the effective date of this Agreement, shall be applicable to
the Project. , However, any existing application, processing
and inspection fees that are revised during the term of this
Agreement and any subsequently enacted city-wide fees or
taxes shall apply to the Project provided that: (1) such
fees or taxes have general applicability to all residential
property in the City; (2) the application of such fees or
taxes to the subject property is prospective; and (3) their
application would not prevent development in accordance with
this Agreement.
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 the 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 Dublin Ordinance No. 8-91.
HANSEN AGREEMENT 6
February 6, 1992
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 provisions of Dublin Ordinance No. 8-
91. Any amendment to this Agreement which does not relate
to (1) the term, permitted uses, density or intensity of
land use, (2) conditions, terms, restrictions and
requirements relating to subsequent discretionary actions,
or (3) any conditions- or covenants relating to the use of
the Property, shall not require a public hearing before the
parties may execute an amendment.
9 . 3 Amendment Exemptions.
Any amendment of any of the Project Approvals,
any resubdivision of the Property except a resubdivision
that increases the number of lots over 180 lots, or any
filing of an amended subdivision map that creates new legal
lots or that reflects a merger of lots shall not require an
amendment to this Agreement. Instead, any such amendment;
resubdivision (except a resubdivision that increases the
number of lots over 180 lots) , or filing shall be deemed to
be incorporated into and vested under this Agreement at the
time that such amendment, resubdivision, or filing is
approved as provided in this Agreement.
9 . 4 Amendment of Project Approvals.
Any Project Approval may, from time to time, be
amended or modified in the following manner:
(1) Upon the written request of
Developer for an .amendment or modification of a Project
Approval including, but not limited to, (a) the location of
buildings, streets and roadways and other physical
facilities, or (b) the configuration of the parcels, lots or
development areas, the Planning Director of the CITY shall
determine whether the requested amendment or modification is
minor and whether the requested amendment or modification is
consistent with this Agreement, the General Plan and
applicable provisions of the CITY 's zoning and subdivision
ordinance in effect as of the effective date of this
Agreement. For purposes of this Agreement, the
determination whether such amendment or modification is
minor shall refer to whether the amendment or modification
is minor in the context of the overall Project. If the
Planning Director finds that the proposed amendment is both
minor and consistent with this Agreement, the General Plan,
and the applicable provisions of the CITY' s zoning and
HANSEN AGREEMENT 7
February 6, 1992
subdivision ordinance, the Planning Director may approve the
proposed amendment without notice and public hearing.
(2) Except as provided in
subparagraph (1) above, any amendment or modification of any
Project Approval shall be subject to the applicable
substantive and procedural provisions of CITY' s applicable
zoning, subdivision, and other land use ordinances.
9 . 5 Cancellation by Mutual Consent.
Except as otherwise permitted herein, this
Agreement may be cancelled in whole or in part only by the
mutual consent of the parties or their successors in
interest, in accordance with the provisions of Dublin
Ordinance No. 8-91. Any fees paid pursuant to Subparagraph
5. 3 . 5 of Exhibit B of this Agreement prior to the date of
cancellation shall be retained by CITY.
10. Term of Project Approvals.
Pursuant to California Government Code
Section 66452 . 6 (a) , the term of the tentative map described
in Recital D above (the "Tentative Map") , or any
resubdivision or amendment to the Tentative Map (including
any lot line adjustment or merger of lots within the
Tentative Map) ,- or any other tentative map filed and
approved prior to the termination of this Agreement, shall
automatically be extended for the term of this Agreement.
The term of any other Project Approval shall automatically
be extended for the term of this Agreement.
11. Annual Review Date.
11. 1 The annual review date for this Agreement shall
be March 1.
11. 2 The CITY' s Planning Director shall initiate the
annual review, as required under Section 8 . 12 . 140 of Dublin
Ordinance No. 8-91, by giving to DEVELOPER thirty (30) days'
written notice that the,. CITY intends to undertake such
review. DEVELOPER shall provide evidence to the Planning
Director prior to the hearing on the annual review, as and
when reasonably determined necessary by the Planning
Director, to demonstrate good faith compliance with the
provisions of the Development Agreement. The burden of
proof by substantial evidence of compliance is upon the
DEVELOPER.
11. 3 To the extent practical, CITY shall deposit in
the mail and fax to DEVELOPER a copy of all staff reports,
HANSEN AGREEMENT 8
February 6, 1992
and related exhibits concerning contract performance at
least five (5) days prior to any annual review.
11. 4 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 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 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 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.
13 . Estoppel Certificate.
Either party may, at any time, and from time to
time, request written notice from the other party requesting
such party to certify in writing that, to the knowledge of
the certifying party, (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) 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. Failure to execute an estoppel
certificate shall not be deemed a default.
HANSEN AGREEMENT 9
February 6, 1992
14 . 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.
15. 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 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 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.
16. Transfers and Assignments.
16. 1 Right to Assign.
DEVELOPER'S rights hereunder may be
transferred, sold or assigned in conjunction with the
transfer, sale, or assignment of all or a portion of the
Property subject hereto at any time during the term of this
Agreement, provided that no transfer, sale or assignment of
DEVELOPER' s rights hereunder shall occur without the prior
written notice to CITY and approval by the City Council,
which approval shall not be unreasonably withheld or
delayed. The City Council shall consider the matter within
60 days after DEVELOPER' s notice.
Notwithstanding the foregoing, DEVELOPER shall
have the right to transfer, sell or assign its rights
hereunder to any "affiliate" without the prior approval of
CITY. As used herein, "affiliate" shall mean any person or
entity controlling, controlled by, or under common control
with DEVELOPER. "Control" and related forms of the word
shall mean the ability to direct the management and
operations of another entity such as a partnership or
corporation.
HANSEN AGREEMENT 10
February 6, 1992
16.2 Release Upon Transfer.
Upon the transfer, sale, or assignment of
DEVELOPER' s rights and interests hereunder pursuant to
paragraph 16. 1 of this Agreement, DEVELOPER shall be
released from the obligations under this Agreement, with
respect to the Property transferred, sold, or assigned,
arising subsequent to the date of City Council approval of
such transfer, sale, or assignment; provided, however, that
if any transferee, purchaser, or assignee approved by the
City Council expressly assumes the obligations of DEVELOPER
under this Agreement, DEVELOPER shall be released with
respect to all such assumed obligations. In any event, the
transferee, purchaser, or assignee shall be subject to all
the provisions hereof and shall provide all necessary
documents, certifications and other necessary information
prior to City Council approval.
17. 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 servitudes 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. Notwithstanding the foregoing,
this Agreement shall cease to be binding upon any parcel in
the Project (i.e. , any bf Lots 1 through 180) when such
parcel is acquired by a person or persons with the intent to
reside in the home constructed or to be constructed upon
such parcel or by a person or persons for the benefit of a
family member intending to reside in such home (provided,
however, that the benefits of this Agreement shall continue
to accrue to any such parcel until the City has issued a
certificate of occupancy for such parcel) .
HANSEN AGREEMENT 11
February 6, 1992
18 . Bankruptcy.
The obligations of this Agreement shall not be
dischargeable in bankruptcy.
19 . Indemnification.
DEVELOPER agrees to indemnify and hold harmless
CITY, and its elected and appointed councils, boards,
commissions, officers, agents, employees, and
representatives from any and all claims, 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.
20. Insurance.
20. 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) and
a deductible of not more than two-hundred and . fifty
thousand dollars ($250, 000) 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. In the event that
DEVELOPER exercises its right to assign pursuant to
paragraph 16. 1, CITY shall have the right to determine the
amount of the deductible, provided that the deductible shall
not be less than $1, 000 per claim.
20. 2 Workers Compensation Insurance.
During the term of this Agreement and any
extension thereof 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 to indemnify the City for any damage
resulting from DEVELOPER' s failure to maintain any such
insurance.
HANSEN AGREEMENT 12
February 6, 1992
20. 3 Evidence of Insurance.
Prior to City Council approval of this
Agreement, DEVELOPER shall furnish CITY satisfactory
evidence of the insurance required in Sections 20. 1 and
20 . 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 and each contractor and
subcontractor performing work on the Project.
21. Notices.
All notices required or provided for under this
Agreement shall be in writing and delivered in person or
sent by certified mail, postage prepaid. Notices required
to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed
as follows:
Donald L. Bren Company
6601 Owens Drive, . Suite 105
Pleasanton, California 94566-9736
Att'n: Michael Toohey
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.
22 . Agreement is Entire Understanding.
This Agreement is executed in three duplicate
originals, each of which is deemed to be an original. This
Agreement consists of (_) pages and
( ) exhibits totalling (_) pages which
constitute the entire understanding and agreement of the
parties.
HANSEN AGREEMENT 13
February 11, 1992
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: DONALD L. BREN COMPANY:
By: By:
Name: Name:
Its: Its:
APPROVED AS TO FORM:
City Attorney
(NOTARIZATION ATTACHED)
HANSEN AGREEMENT 14
February 11, 1992
EXHIBIT A
Description of the Property
HANSEN AGREEMENT 15
February 6, 1992
• j
ti
HANSEN HILL RANCH
ALL THAT L.
- 4140 SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA) ,
MORE PARTICULARLI' DE;CRIBED AS FOLLOWS:
COh414E,ICING AT A CONCRETE VcNUMENT AS SIIOWN ON THE MAP OF TRACT 4859,
FILED If�lP BOOK I47, PAGE 56, ALAMEDA COUNTY RE
NI 1
CORDS,
SAID MONUMENT
BEARING NORTH 3° Z'-' 00" EAST, 215.36 FEET FROM THAT CERTAIN! CONCRETE
MONUMENT BEINiG THE INTERSECTION OF THE hIONIUMENTED LINE5 OF SILVERG,
DRIVE AND HANSEN DRIVE AS SHOW11 ON THE MAP OF TRACT 2405, FILED n,
AUGUST °, 1863 I11 MAP BOOK 46, PAGE 73 TO 7E, 11-IC LUSIVE, ALAMEDA
COUNTY RECORDS; THENCE ALONG THE MONUMENT LINE OF SILVERGATE DRIVE AS
SHOWN ON THE AFGREM,cNiTICIIED MAP OF TRACT 4359 NORTH 12' 44' 36" WEST,
554 .50 FEET; THENCE LEAVING SAID hONUMENT LINE SOUTH 77' 15 24" WEST,
34 .00 FEET TO THE TRUE POIN:T OF BEGINNING) SAID POINT BEING ON .
BEING T'HE MOST
WESTERLY RIrHT-OF-WA'! LIrIE OF -SiLVERGAT� DRIVE AND ALSO 5E ..
ORNER OF PARCEL 'B' AS SHOWN ON TEE MAP. OF TRACT 5410
SOUTHEASTERLY C
11I MAP E
OOK 163 AT FADES 32 THROUGH 42> INCLUSIVE, ALAMEDA .COUNTY
RECORDS; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 'B' OF
TRACT 5410 SOUTH 610 34' 52" WEST, 307 . 14 FEET; THENCE
RTu, 54 ° 39' 05" �IEST 474 .40 FEET TO THE SOUTHWESTERLY CORNER OF
1i0
SAID PARCEL 'B' , SAID POINT ALSO BEINu THE SOUTHEASTERLY CORNER OF
TRACT
ACT 49_ .3, FILED IN MAP BOOM, 148, PAGE I TO 4, INCLUSIVE, ALAMEDA
COUNTY RECORDS; THENCE ALONG THE GENERALLY SOUTHWESTCRN BOUNDARY OF
SAID TRACT 4:43 NOP.TH 64° 39'05" WEST, 493.20 FEET; THENCE
NORTH 48 IS' 50" WEST, 251 .80 FEET; THENCE NORTH 57° 33' 04" WEST,
228.71 FEET; THENCE NORTH 28° '35' 14" WEST, 7.3.99 FEET TO THE
SOUTH'iIESTERLY CORNER OF TRACT 4943; THENCE LEAVING SAID TRACT 4943
NORTH 81 ' 43' 41 WEST, 214 .01 FEET; THENCE NORTH 57° 24' 05" 'TEST,
421 .05 FEET; THENCE NORTH 76' 39' 05" , WEST, 224 .40 FEET; THENCE
SOUTu 8 9' 50' `K" WEST, 53.46 FEET; THENCE NORTH 70' 09' 05" WEST,
52 FEET; THENCE SOUTH 64' 50' 55" WEST, 151.80 FEET; THENCE
NORTH 57' 09' 05" �h'EST, 778. 14 FEET; THE��CE NORTH 58° 24' 05" 41EST,
2x4 ,00 FEET; THENCE NORTH 37.' 54' 05" 4iEST, 426.36 FEET; THENCE
II 11��
SOUTH 01 ' S5' SS" 'NEST, 1174 ,80 FEET; THENCE SOl1TH 01' 05' 55 ,EST,
1356.30 FEET; THE SOUTH 55' 49' 05" EAST, 1075.80 FEET; THE��aCE
SOUTH E?° EAST, 407.88 FEET; THENCE NORTh 01 ' 20' 55" EAST,
h 1 .24 FEET; THENCE SOUTH 88' 54' 05" EAST, 1328.58 FEET; THENCE
„3
SOUTH 01 ' 05' 55" EAST, 131 .32 FEET TO A POINT ON THE WESTERLY
pROLOHGAT10N OF THE NORTHERLY LINE OF PARCEL 'A' AS SHOWN ON PARCEL
MAP 11639 AS FILED M MAP BOOK '80, PAGE 21 , ALA`1EDA COUNTY REC.0in
THENCE ALOiIC THE NORTHERLY EOUNDARY OF SAID PARCEL 'A'
SOUTH E1` O8' 00" EAST, 164.01 FEET TO THE �,ORTH'rJESTERLY COuiIER OF
TRACT 4988, FILED IN MAP BOOK 139, PAGE 69,- ALAIMEDA COUNTY RECORDS; -
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 4988
SOUTH 81 ' 08' 00" EAST, 181 .07 ; THENCE NORTH 88' 23' 00" EAST,
58.75 FEET; THENCE NORTH 77' 57' 00" EAST, 66.63 FEET TO THE
NORTHWESTERLY CORNER OF TRACT 2534, AS FILED IN BOOK 49, PAGES 6 TO
�IEDA COUNTY RECORDS; THENCIE ALONG THE NORTHERLY
9, INCLUSIVE, ALA
-.OUt!DARY OF TRACT 2534 14ORTH 67* 27' 00" EAST. 59.63 FEET; THENCE.
NORTH 62° 12' 00" EAST, 427 .06 FEET; THENCE NORTH 71 ' 08' 30" EAST,
87.40 FEET ; THENCE NORTH 77' 2:' 30" EAST; 87 .40 FEET; THENCE
t-IOPTH 83' 29 40 EAST, 158. 17 FEET; THENCE SOUTH 60° 58' 00" EAST,
250.00 FEET ; THENCE NORTH 74' 29' 12" EAST, 1 . 18 FEET TO THE
tIORTHVIESTERLY CORNER OF SAID TRACT 2534 SAID CORNER BEING ON THE
WESTERLY RIGHT-OF-WAY LINE OF SILVERGATE DRIVE; 'THENCE ALONG SAID
WESTERLY RIGHT-OF- WAY LINE OF SILVERGATE DRIVE 139.74 FEET ALONG A
;"ON-TAt{GENT CURVE CONCAVE WESTERLY HAVING A CENTRAL ANGLE OF
11° 26' 2F" A RADIUS OF 800.00 FEET, THE RADIUS POINT FOR, WHICH BEARS
'{CE ;'ORT 1 i'° 44' 36" WEST, 454 ,48 FEET
THEE
NORTH 88' 411 EAST; .
TO THE TRUE POINT OF BEGINNING.
CONTAINING 146.840 ACRES, MORE OR LESS.
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby
imposed pursuant to Paragraph 5. 3 above.
1. Subparagraph 5. 3 . 1: DEVELOPER must obtain
all necessary building, grading and other construction
permits as set forth in Paragraph 6. 3 of this Agreement.
2 . Subparagraph 5. 3 . 2 :
a. DEVELOPER shall construct a 12-foot
access road (the "Access Road") over the Property along
Martin Canyon Creek as described in Condition No. 76 to the
CITY ' s approval of the Tentative Map ("Condition 7611) . The
Access Road, together with that portion of the Property
lying between the fence to be constructed by Developer
pursuant to Condition 76 and the northern boundary of the
Property, shall be dedicated to the CITY for public access
and maintenance purposes. The construction and dedication
required by this subparagraph shall occur as part of Phase
I of the Project. Upon dedication, DEVELOPER shall be
released from all liability for the maintenance of the
property so dedicated.
b. DEVELOPER shall grade and rock the area
shown on Attachment 1 hereto to allow CITY to extend the
Access Road over such area, which extension shall be
constructed to the standards set forth in Condition 76 and
as a part of Phase I . CITY shall obtain or provide all
permits, easements and licenses necessary to permit
DEVELOPER to so grade and rock such area.
C. DEVELOPER' s obligation to pay its 23 .7%
proportionate share of the cost of the improvements prior to
the release of occupancy, as described in Condition No. 47
to the CITY ' s approval of the Tentative Map ("Condition
47") , shall be based on CITY ' s cost of performing the
improvements to the "T" intersection of Dublin Boulevard and
Silvergate Drive, adjusted for inflation, at the time of
payment.
d. The improvements to be constructed or
performed by DEVELOPER pursuant to Subparagraphs (a) and
(b) shall be included within the scope of the subdivision
improvement agreement to be entered into by and between
DEVELOPER and CITY as described in Condition No. 65 to the
HANSEN AGREEMENT 16
February 6, 1992
CITY ' s approval of the Tentative Map (the "Tract Developer
Agreement") .
3 . Subparagraph 5. 3 . 3 : Except as imposed
pursuant to any building, grading or other construction
permits required pursuant to Paragraph 6. 3 of the Agreement,
the Project shall not be subject to requirements relating to
timing or commencement or completion of construction. The
Project shall, however, be constructed in two phases. Phase
I shall consist of the recordation of a final map for Lots
1 - 72 and shall include construction of the Access Road and
dedication of the area specified in subparagraph 2 (a) ,
performance of the work described in subparagraph 2 (b) , and
completion of the road across the Valley Christian Center
property, as shown on the tentative map. Phase II shall
consist of the recordation of a final map for Lots 73 -
180.
4 . Subparagraph 5. 3 . 4 : Not applicable.
5. Subparagraph 5. 3 . 5:
a. DEVELOPER shall pay to CITY the total sum
of One Hundred Fifty Thousand Dollars ($150, 000) for use by
CITY to provide affordable housing, to be paid as follows:
the sum of $60, 000 shall be paid to CITY at the time the
final map for Phase I, consisting of 72 units, is approved
and recorded and the sum of $90, 000 shall be paid to CITY at
the time the final map for Phase II, consisting of 108
units, is approved and recorded, provided that if the final
map for Phase II is not approved and recorded within one
year from the date the Phase I final map is recorded, then
the sum of $90, 000 shall be increased by the percentage
increase in the Consumers Price Index for the San Francisco
Bay Area (Wage Earners Index) for each year or fraction
thereof, until the final map for Phase II is approved and
recorded.
Notwithstanding the foregoing, if CITY should subsequent
to the effective date of this Agreement adopt an
inclusionary housing ordinance generally applicable to new
residential development within the CITY that provides for
the option of paying a "fee in lieu of providing affordable
housing ("City's In-Lieu Housing Fee") which is lower on a
per-unit basis than the fee to be paid by DEVELOPER pursuant
to this subparagraph ("Developer' s Housing Fee") , then the
per-unit amount of Developer' s Housing Fee shall be reduced
to an amount equal to the per-unit amount of City' s In-Lieu
Housing Fee. In no event shall DEVELOPER be entitled to a
reduction in Developer's Housing Fee to the extent that
such fee has already been paid with respect to Phase I or
HANSEN AGREEMENT 17
February 6, 1992
Phase II of the Project at the time of the effective date of
the inclusionary housing ordinance.
b. Park In-Lieu fees shall be paid as
follows:
180 D.U. x 0. 016 AC/D.0 = 2 . 88 AC.
2 . 88 AC. x $165, 548/AC. _ $476, 778 or $2 , 649/D.U.
Park In-Lieu fees for Phase I, in the amount
of One Hundred Ninety Thousand Seven Hundred Twenty Eight
Dollars ($190,728) , shall be paid by DEVELOPER to CITY when
the final map for Phase I is approved and recorded or by
April 1, 1992, whichever is earlier.
Park In-Lieu fees for Phase II shall be paid
by DEVELOPER to CITY when the final map for Phase II is
approved and recorded and shall be calculated in accordance
with the provisions of CITY' s ordinance then in effect and
current market values of the land as of the date of payment.
HANSEN AGREEMENT 18
February 6, 1992
STATE OF CALIFORNIA )
COUNTY OF )
On before me, personally
appeared PETER W. SNYDER, personally known to me (or 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.
WITNESS by hand and official seal .
.t
-19-
HANSEN AGREEMENT
February 5, 1992
STATE OF CALIFORNIA )
COUNTY OF )
On before me, ,
personally appeared ,
personally known to me (or 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.
WITNESS by hand and official seal.
HANSEN AGREEMENT 20
February 6, 1992