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HomeMy WebLinkAboutItem 6.1 VillasSantaRitaDevAgmt (2) lto-. .. '. CITY CLERK File # rn[O]~-[6][Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 9,1997 SUBJECT: EXIllBIT ATTACHED: 1) 2) RECOMMENDATI~N: 1)/ 3) 4) 5) .INANCIAL STATEMENT: BACKGROUND: '. PUBLIC HEARING: The Villas at Santa Rita Development Agreement (Report prepared by: Jeri Ram, Associate Planner) Ordinance Approving Development Agreement Development Agreement Open Continued Public hearing Receive staff presentation and public testimony Close public hearing Deliberate Waive second reading and adopt Ordinance approving Development Agreement Approval of this project would provide for the construction of public improvements and payment of certain City required impact fees. The City Council approved an amendment to the Eastern Dublin Specific Plan for the entire Santa Rita area (primarily owned by the Alameda County Surplus Property Authority) in October, 1996. As part of that action, this site was given a ~ew Specific"PI~ and General Plan Land Use r>.~signati~n of Medium Density Residential. On July 1, 1997, the City Council approved a Planned Development Rezone for the Villas at Santa Rita apartment project. . A public hearing was held on this item before the Planning Commission on August 12, 1997. The Planning Commission unanimously recommended approval of the Development Agreement to the City Council. The City Council held its fIrst public hearing on this item on AuguSt 19, 1997. There was no public testimony at the meeting and the public hearing was continued to September 2, 1997, for a second reading and adoption of the Ordinance. -----------------------------------------------------------------------------------------------------------.-------------~----------------------- . COPIES TO: Security Capital Pacific Trust Alameda County Surplus Property Authority P A File ITEM NO. ~ -4 ANALYSIS: The City Attorney drafted the proposed Development Agreement with input from City staff, Alameda coun. Surplus Property Staff and their attorneys. The Development Agreement sets forth the agreements between the parties in relation to many items, including, but not limited to, infrastructure construction and phasing, parkland dedication and the payment of various required impact fees. The Development Agreement becomes effective for a term of five years from the date it is recorded. The Development Agreement runs with the land and the rights and obligations thereunder can be assigned. The main points of the Development Agreement can be found in Exhibit B of the Development Agreement and are highlighted below: The City requires that Developers in Eastern Dublin pay traffic impact fees for certain City wide improvements to the circulation system. Additionally, fees are charged for certain circulation improvements specific to Eastern Dublin. Developers are also required to make certain improvements to the circulation system that are required as a result of their project. The City determines the direct project impact through a traffic study that is conducted. Based on the traffic study conducted for the Villas at Santa Rita Project, it was determined that certain improvements were required to the circulation system as a result of the projected future traffic from the project. These improvements are indicated in the Development Agreement. Some of these improvements will be required immediately as a result of the construction of the apartment project. Other improvements that were identified could be phased and put in as required by traffic warrants or when other projects come on line. The. Agreement sets forth the City and Alameda County's understanding in relation to the phasing of construction infrastructUre arid credits towards traffic impact fees for the improvements and dedications which are part of the Traffic Impact Fee Program. Additionally, the Agreement provides for the dedication of 12.31 acres of land for the future City Park to be located east ofTassajara Creek. This represents 9.07\acres in excess of what is required for park land dedication for the Villas at Santa Rita. This additional acreage will be dedicated early to enable-the City to move forward on a new park at that location. The 9.07 acres will be credited to the developer and used as a credit for future projects towards their parkland dedication requirements. Conclusion: The Development Agreement furthers the goals of the General Plan and Eastern Dublin Specific Plan by requiring new development to fund the costs of its infrastructure and service. The City of Dublin and Alameda County have agreed on the sequencing of infrastructure construction, the payment of impact fees as well as other items required by the Eastern Dublin Specific Plan RECOMMENDATION: Staff recommends that the City Council reopen the continued public hearing, deliberate, waive the second reading and adopt the Ordinance approving the Development Agreement (Exhibit I). .. G;\P A97-OO7\ccsrda2 2 . ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN APPROVING THE DEVELOPMENT AGREEMENT FOR PA 97-007, THE VILLAS AT SANTA RITA THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The proposed Villas at Santa Rita (pA97-007) is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area w9ich is designated on the General Plan Land Use Element Map and Eastern Dublin Specific Plan Land Use Map as Medium High Density Residential. B. A Program Environmental Impact Report ("EIR") was prepared for the Specific Plan and the Eastern Dublin General Plan Amendment and certified by the City Council by Resolution No. 51-93. . C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all projects within the Specific Plan area enter into development agreements with the City. D. The Surplus Property Authority of the County of Alameda have filed an application requesting approval of a development agreement for the Villas at Santa Rita. E. A Development Agreement between the City of Dublin and the Surplus Property Authority of the County of Alameda ("Development Agreement") has been presented to the City Council, a copy of which is attached hereto as Attachment 1. F. A public hearing on the proposed Development Agreement was held before the Planning commission on August 12, 1997, for which public notice was given as provided by law. G. 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. . H. A public hearing on the proposed Development Agreement was held before the City Council on August 19, 1997, and September 2, 1997, for which public notice was given as provided by law. 1 1. The City Council has considered the recommendation of the Planning Commission (Planning Commission Resolution 97-17), 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. . K. Pursuant to the California Environmental Quality Act, an analysis by staff found that the project is exempt according to Section 15182 of the State CEQA Guidelines. That analysis showed that the proposed residential project is within the scope of the Final Environlnental Impact Report (FEIR) for the Eastern Dublin General Plan Amendment which was certified by the City Council by Resolution No. 51-93, and the Addenda dated May 4, 1993, and August 22, 1994. The analysis indicated that no new effects could occur and no new mitigation measures would be required for the Villas at Santa Rita that were not addressed in the FEIR. Further, that analysis found that the project is in conformity with the Eastern Dublin Specific Plan. Section 2. FINDINGS AND DETERMINA nONS 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 EIR, (f) 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 Medium High Density Residential (MHDR) and the proposed project is an apartment 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 financing, construction and maintenance of public facilities, reimbursement for oversizing infrastructure 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 district in which the real property is located in that the project approvals include a Planned Development Rezoning adopted specifically for the Villas at Santa Rita. 3. The Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the Villas at Santa Rita will implement land use guidelines set forth in the Specific Plan and the General Plan which have planned for residential uses at this location. . 2 ~:-~"-'"'.''' . 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 (Attachment 1) 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 Govenunent Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 2nd day of September, 1997, by the following votes: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK . G:\PA97..Q07\daord 3 ~. I..{ City of Dublin -.. .- -. . ".'". -.- . '. -. .-.':. When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 . Space above this line for Recorder's Use DEVELOPMENT AGREEMENT BETV\7EEN THE CITY OF DUBLIN AND THE SURPLUS PROPERTI AUTHORITY OF THE COUNTY OF ALAMEDA FOR THE VILLAS AT SANTA RITA PROJECT . . . . . TABLE OF CONTENTS 1. Description of Property. ........................................ 2 2. Interest of Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Relationship of City and Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Effective Date and Tenn. ........................................ 3 4.1 Effective Date. ........................................... 3 4.2 Tenn.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Use of the Property. ............................................ 3 5.1 Right to Develop ......................................... 3 5.2 Pennitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5.3 Additional Conditions ..................................... -4 6. Applicable Rules. Revilations and Official Policies .................... 5 6.1 Rules re Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6.2 Rules re Desien and Construction ............................ 5 6.3 Uniform Codes Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7. Subsequently Enacted Rules and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . 5 7.1 New Rules and Regulations ..... ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . 7.2 Approval of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7.3 Moratorium Not Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8. Subsequently ~nacted or Revised Fees. Assessments and Taxes . . . . . . . . . . . 6 8.2 ,Revised Application Fees ................................... 6 8.3 New Taxes ............:................................. 7 8.4 Assessments... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... . . 7 8.5 Vote on Future Assessments and Fees ......................... 7 9. Amendment or Cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9.1 Modific;ation Because of Conflict with State or Federal La'w$ ....... 7 9.2 Amendm'ent by Mutual Consent ............................. 7 Dublin/Alameda Development Agreement for Villas at Santa Rita Project Table of Contents. Page i of Hi August 1. 1997 ~ 10. 11. 12. 13. 14. 15. 9.3 9.4 9.5 Insubstantial Ame~dments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Project Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation by Mutua] Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Term of Project Approvals .......................................8 Annua] Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11.1 Review Date .............................................8 11.2 Initiation of Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11.3 Staff Reports ............................................ 9 11.4 Costs ......:........................................... 9 Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12.1 Other Remedies Available ......................:......... - . . 9 12.2 Notice and Cure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12.3 No Damages Against CITY ................................. 9 Estoppel Certificate ........................................... 10 Morteagee Protection: Certain Rights of Cure ................. - . . . . . 1.0 14.1 Mortgap;ee Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 14.2 Mortgagee Not Obli~ted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14.3 Notice of Default to Mortgagee and Extension of Rip;ht to Cure .... 11 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16. . Attorneys' Fees and Costs . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17. Transfers and Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17.1 Right to Assign. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17.2 Release Upon Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17.3 . Developer's Right to Retain Specified Rights or Oblig;ations ....... 12 17.4 Pennitted Transfer. Pur~ase or Assi~ment ...............:.... 12 18. Agreement Runs with the Land .................................. 13 19. Bankruptcqr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20. Indemnificati~ri ............................................... 13 . Table of Contents - Page ii of Hi August 1, 1997 .. (p Dublin/Alameda Development Agreement for Villas at Santa Rita Project ~'~'''."'.'- . . . .. 21. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21.1 Public Liability and Property Damage Insurance . . . . . . . . . . . . . . . . 14 21.2 ,,yorkers Compensation Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21.3 Evidence of Insurance .................................... 14 22. Sevlrer and Water ............................................. 14 23. N oti ces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . .'. . . 14 24. Av-eement is Entire Understanding ............................... 15 25. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 26. Counterparts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27. Recordati on ....................... '. . . . . . . . . . . . . . . . . . . . . . . . . . 16 Dublin/Alameda Development Agreement for Villas at Santa Rita Project Table of Contents - Page iii of Hi August 1. 1997 1 THIS DEVELOPMENT AGREEMENT is made and entered in the City o. Dublin on this day of , 1997, by and between the crn' OF DUBUN, ,a Municipal Corporation (hereafter "City"), and the Surplus Propeny Authority of Alameda County, a public corporation (hereafter "Developer"), pursuant to the authority of ~~ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.12. RECITALS A California Government Code ss 65864 et seq. and Chapter 8.12 of the Dublin Municipal Code (hereafter "Chapter 8.12") authorize the eIn'to enter into an Agreement for the development of real propeny 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. The Eastern Dublin Specific Plan requires DEVELOPER to enter into a development agreement; and . D." DEVELOPER desires to develop and holds legal interest in certain real property consisting of approximately 11.9 acres of land, located in the City of Dublin, County of Alameda, State of California, which is more particularly described in Exhibit A attached h~eto and incorporated herein by this reference, an"d which real property is hereafter called the "Property"; aI1d E. DEVELOPER proposes the development of the Property with a 324- unit multi-family apartment complex (the "Project"); and F. DEVELOPER has applied for, and CITY has approved or is processing, yarious land use approvals in connection with the development of the , Project, including a PD District rezoning (Ordinance No. 17-97) general provi~ions for the PD District .rezoning including the Land Use and Development Plan (Res. No. 90-97), tentative parcel map (Res. of Comm. Dev. Dir. No. 05-97), and site development review (collectively, together with any approvals or permits now or hereafter issued with respect to the Project, the "Project Approvals"); and G. Deveiopment of the Property by DEVELOPER may be subject to . .. Dublin/Alameda Development Agreement t for Villas at Santa Rita Project Page 1 of 17 August 1. 1997 . cenain future discretionary approvals including site development review, which, if granted, shall automatically become pan of the Project Approvals as each such approval becomes effective; and H. CrTI' desires the timely, efficient, orderly and proper development of said Project; and 1. The City Council has found that, anlong 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 8.12; and J. CrTI' 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 . K. Pursuant to the California Envirorunental Quality Act (CEQA) the City has found, pursuant to CEQA Guidelines section 15182, that the Project is within the scope of the Final Envirorunental Impact Repon for the Eastern Dublin General Plan Amendment and Specific Plan 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 found that the EIR was adequate for this Agreement; and L. On adopted Ordinance No. ordinance took effect on ,1997, the City Council of the City of Dublin approving this Development Agreement. The ,1997. 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 AgreemeI)t is described in Exhibit A attached hereto (nproperrytl). . Dublin/Alameda Development Agreement for Villas at Santa Rita Project Page 2 of 17 August 1, 1997 'I 2. Interest of Developer. . The DEVELOPER has a legal or equitable interest in the Propeny in that it owns the Property in fee simple. 3. Relationship of City and Developer. 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 panners. 4. Effective Date and Term. 4.1 Effective Date. 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 Term. The term of this Development Agreement shall commence on the effective date and extend five (5) years thereafter, unless said tenn is otherwise terminated or modified by circumstances set forth in this Agreement. 5. Use oithe 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 PJ;'ojectApprovals (as and when issued), and any anlendments 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 pwposes 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 Prop~, shall be those set forth in this Agreement, the Project Approvals and any amendments to this Agreement or the Project Approvals. . Dublin/Alameda Development Agreement for Villas at Santa Rita Project Page 3 of 17 August I, 1997 10 ... -..~ . - . . . '. 5.3 Additional Conditions. Provisions for the follo\ving ("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated herein by reference. 5.3.1 Subsequent Discretionary Approvals. 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.) Not Applicabl~ 5.3.2 Mitigation Conditions. Additional or modified conditions agreed upon by the parties in order to eliminate or mitigate adverse envirorunental 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 capital 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 rei,mbursement over time for financing of necessary public facilities. See Exhibit B 5.3.7 Miscellaneous. Miscellaneous terms. See Exhibit B , . " Dublin/Alameda Development Agreement for Villas at Santa Rita Project Page 4 of 17 August 1. 1997 6. Applicable Rules. Regulations and Official Policies. . 6.1 Rules re Permitted Uses~ For the term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the pennitted uses of the Property, governing density and intensity of use of the Propeny 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 Rules re Design and Construction. Unless otherwise e>..'}Jressly 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 constructed 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 V\>ith . the provisions of the Unifonn 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 Rf:vllations. 7.1 New Rules and Re~lations. During the term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and officlaI 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 th:os~ 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 P9licies 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 applicapility. . ~. Dublin/Alameda Development Agreement for Villas at Santa Rita Project 1'.. Page 5 of] 7 August 1, 1997 . 7.2 Approval of Application. Nothing in this Agreement shall prevent the CITY from denying or conditionally approving any subsequent land use pennit 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 ~..'pressly 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 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 Govermnent Code S 8558. 8. Subsequently Enacted or Revised Fees. Assessments and Taxes. 8.1 Fees. Exactions. Dedications. CITY and DEVELOPER 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 "rith the Specific Plan shall be those set forth in Ordinance No. , Resolution No. _, the tentative parcel map and site development review 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, in connection with any subsequent discretionary approval for the Property, except as set forth in Ordinance No. , Resolution No. , the tentative parcel map :;m.d site development review 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. By so agreeing, DEVELOPE~ does not waive its rights to challenge the legality of any such application, processing and/or inspection fees. J') Dub1in/Alarneda Development Agreement . for Villas at Santa Rita Project Page 6 of 17 August 1. 1997 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 prospective; and (2) the application of such taxes would not prevent development in accordance vvith this Agreement. By so agreeing. DEVELOPER does not waive its rights to challenge the legality of any such taxes. . 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 Artide 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. 9. Amendment or Cancellation. . 9.1 Modification Because of Conflict with State or Federal .LaM. 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 Conncil in accordance with Chapter 8.12. 9.2. Amendment by Mutual Consent. This Agreement may be amended in vvriting from time to time by mutual consent of the parties hereto and in acco~dance with the procedures of State law and Dublin Ordinance No. 8-91. 9~~ 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 lIsignificantll reservation or dedication of land as provided in Exhibit B;- (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the . t. Dublin/Alameda Development Agreement for Villas at Santa Rita Project Page 7 of 17 August I, 1997 jlf - . . ~. . 0 .... 0" . density or intensity of use of the Project; (f) the ma:ximum 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 COnuIDssion or the City Council before the parties may execute an amendment hereto. CITIs Public Works Director shall determine whethe~ a reservation or dedication is "significan~". 9.4. Amendment of Project Approvals. Any an1endment of Project Approvals relating to: (a) the permitted use of the Property; (b) provision for reservation or dedication of land; (c) conditions, tenus, resmctions 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 othernrise permitted 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 ~rith the provisions of Chapter 8.12. Any fees paid pursuant to Paragraph 5.3 and 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 F 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 August 15, 1998 and each August 15 thereafter. 11.2 Initiation of Review. The CITY's Conununity . Development Director shall initiate the annual review, as required under Dublin/Alameda Development Agreement I <;; for Villas at Santa Rita Project Page 8 of 17 August 1, 1997 Section 8.12.140 of Chapter 8.12, 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 armual review, as and when reasonably determined necessary by the Community Development Director, to demonstrate good faith compliance 'With the provisions of the Development Agreement. The burden of proof by substantial evidence of compliance is upOIi 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 Chis 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 Citis 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 vvritten 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 acti~n so long as the defaulting party begins to arre 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. . . . .. Dublin/Alameda Development Agreement Jt, for Villas at Santa Rita Project Page 9 of 17 August 1, 1997 ~-;'.-;~~'..' ~ .. '. .&;. - . . . ~ '.... ......,. '-.- 13. Estoppel Certificate. Either part)' ma)', at any time, and from time to time, request written notice 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 panies, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identlfying 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 amow1t of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days folluwing 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 part)' 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 claus,es (a) through (c) of this section are true, and any party may rely on such deemed certification. 14. Mongar;ee 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, induding the lien for any deed of trust or mortgage (nMortgagen). 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, induding any deed of trust benefidary or mortgagee (nMortgageen) who acquires title to the Propeny, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or othervlrise. 14.2 MortE;ar;ee Not ObliE:ated. Notwithstanding the provisions of Section 14.1 above, no Mortgagee shall have any obligation or duty lll1der this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to constIJ,lct or complete the constrJ.lction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perfoID1 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 imprqvements thereon other than those uses or improvements provided for or authorized by the Project Approvals or by this Agreement. 11 Dublin/Alameda Development Agreement for Villas at Santa lUta Project Page 10 of 17 August 1, 1997 : . . . 14.3 blotice of Default to Mortp;agee and Extension of Rir;ht to . ~. If CITY receives notice from a Mortgagee requesting a copy of any notice of default given DEVELOPER herermder 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 eI11' 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 CITIs 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 rmenforceability, 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 CTIY 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 ~ttorneys'.fees expended by CITY in defense of any such action or other proceeding. 17. Transfers and AssiVlments. 17,.1 Right to Assign. It is anticipated that DEVELOPER will sell the Property to another developer. All of DEVELOPER'S rights, interests and obligations herermder may be transferred, sold or assigned in conjunction with the transfer, sale, or assignment of all of the Property subject hereto at any time during ~e term of this Agreqnent, provided that no transfer, sale or assigrunent of DEVELOPER's rights, interests and obligations hereunder shall occur without the . .. 11 Dublin/Alameda Development Agreement for Villas at Santa Rita Project Page 11 of 17 August 1, 1997 . . . prior written notice to CITY and approval by the City Manager, 'I\rhich approval shall not be unreasonably withheld or delayed. The City Manager shall consider and decide the matter within 10 days after DEVELOPER's notice, provided all necessary documents, certifications and other information are provided to the City Manager. 17.2 Release Upon Transfer. Upon the transfer, sale, or assigmnent of all of DEVELOPER's rights, interests and obligations hereunder pursuant to subparagraph 17.1 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 Manager approval of such transfer, sale, or assigrunent; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager eA'Pressly asswnes all of the rights, interests and obligations of DEVELOPER under this Agreement, DEVELOPER shall be released with respect to all such rights, interests and 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 Manager approval. . 17.3 Developer's Rifht to Retain Specified Rights or Obli~tions. Notwithstanding subparagraphs 17.1 and 17.2 and paragraph 18, DEVELOPER may .withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which DEVELOPER shall retain, provided that DEVELOPER specifies such rights, interests and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. DEVELOPER's purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to DEVELOPER with respect to such retained rights, interests and/or obligations. 17.4 Permitted Transfer. Purchase or Assienment. The sale or other transfer of any interest in the Property to a purchaser C'Purchaser") pursuant to the ~erciseof any right or remedy under a deed of trust encumbering DEVELOPER'S interest in the Property shall not require City Manager appro,::p.l purSumlt 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. 18. Av-eement Runs with the Land. Dublin/Alameda Development Agreement 11 for Villas at Santa Rita Project Page 12 of 17 August 1, 1997 ....- ,"." 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 ml\'I1ed 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 pany and each successive uwner 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 banlauptcy. 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 as a result of any actions or inactions by the DEVELOPER, or any actions or inactions of DEVELOPERls 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 co:ntractors, subcontractC?rs, agents or employees or with respect to the , maintenance, use or condition of any improvement after the time it has been ." dedicated to and acc;:epted by the CITY or another public entity (except as provided in an improvement agreement or maintenance bond). . ~. Dublin/Alameda Development Agreement for Villas at Santa Rita Project Page 13 of 17 August 1, 1997 ;'0 .:"_~ . .' -" .. . . . .. -- .. ;. . - 21. Insurance. 21.1 Public Liability and Property DamaEe 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) and a deductible of not more than ten thousand dollars ($10,000.00) 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. Notwithstanding the foregoing, as long as the Surplus Property Authority of Alameda COW1ty is the "Developer" it may self insure to satisfy the foregoing requirements. 21.2 Workers Compensation Insurance. During the term of this Agreement DEVELOPER shall maintain W orker1s 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. 21.3 Evidence of Insurance. Prior to City CoW1cil approval of this Agreement, DEVELOPER shall furnish CIlY 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 performing work on the Project. 22. Sewer and ,"Tater. DEVELOPER acknowledges that it must obtain water and sewer permits from the Dublin San Rmnon Services District ("DSRSD") which is another public agency not within the control of CITY. 23. Notices. All notices required or provided for ~der this Agreement shall be in vvriting. Notices req1.li!ed to be given to CITY shall be addressed as follo\\'s: Dublin/Alameda Development Agreement . for Villas at Santa Rita Project Page 14 of 17 August 1, 1997 "I .. --. & ~.. -. -,' _..'. .. -:- -. ..",,- City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 . Notices required to be given to DEVELOPER shall be addressed as follows: Patrick Cashman Project Director Surplus Property Authority of Alameda County 225 W. Winton Avenue, Room 151 Hayward, CA 94544 and Adolph Martinelli Director of Plarming County of Alameda 399 Elmhurst Street Hayward, CA 94544 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 Understanding. This Agreement constitutes the entire understanding and agreement of the parties. 25. Exhibits. ..' Tl1.e following documents are referred to in this Agreement and' are attached hereto and incorporated herein as though set forth in full: . . Dublin/Alameda Development Agreement for Villas at Santa Rita Project ).J... Page 15 of 17 August 1, 1997 --..-.---.-., . -.. . _. ... . . .'. 0 ' . ...... _ . _ 0 _. 0' _.~. '. . . . '. '.' . ... " Exhibit A Legal Description of Property Exhibit B Additional Conditions Exhibit C Off Site Improvements 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 within 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. CITI OF DUBLIN: By: Mayor Date: ATTEST: , APPROVED AS TO FORM: City Clerk City Attorney Surpl:us Property Authority of Alameda Corm!)': Date: j.~ Adolph Martinelli Its Manager .... .. ,.1 "... . . . APPROVED.AS TO FORM: . Attorney for Surplus Property Authority of the Cpunty of Alameda (NOTARIZATION ATIACHED) . EHS:Ija }:\WPD\MNRSW\114\98\AGREE\SANTARIT.80 1 . Page 17 of 17 August 1, 1997 Dublin/Alameda Development Agreement for Villas at Santa Rita Project ~":.-....... . . . _ -, -' ..~ - ". &'. . -. .- . . .". CALIFORNIA ALL.PURPOSi:. ACKNOWLEDGMENT 'tf~...e!:'.cc.cc.t,;-S:i'X'~~-?X:!:;{:~.ex:&Q&<'.d:X:,Q:'..?:;{:..c-r.!::';f'd:::fXlf'AX'.6:So&s:.'<x,Cf'.i::;{:'C-D!X...!::X:'~~!X,(::/>e<:..e-s;.Q'.&-s:.tX'kf:.Q:....-Q.?:; .~ g ~ ~ ~ ~ ~I State of : ) ~ ~ ~ County of .Y> ~ ~ ~ On before me, ~ ~II.. Dale Name and nile 01 Ollicer (e.g.. "Jane Doe, Notary PUbIlC-) ,~ ~ personally appeared ::'> ~ ~~~~ ~ ~,'I, 0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) ~.'.I", Cil whose name(s) is/are subscribed to the within instrument It> ~ and acknowledged to me that he/she/they executed the g ~ same in his/her/their authorized capacity(ies), and that by * I' his/her/their signature(s) on the instrument the person(s), ~'~.': or the entity upon behalf of which the person(s) acted, ':'> ~ executed the instrument. ~ ~ ~ ~ WITNESS my hand and official seal. ~ ~ ~ ~ Signature 01 Notary Public ~ ~ ~ ~I~ '\ OPTIONAL 3 . \', Though the informatio,! below is not required by law, it may prove valuable to persons relying on the document and could prevenl P; ~', fraudulent removal and reattachment of this form to another document.~ i.>,; ~ Description of Attached Document :~ I., ,h- Title or Type of Document: i'S I, ~ ~ Document Date: Number of Pages: ~ -I B I Signer(s) OtherThan Named Above: ~ ~ Capacity(ies) Claimed by Signer(s) ~ ~ Signer's Name: Signer's Name: ~ ~ ~..,,' ~ 0 Individual 0 Individual l!; ~ 0 Corporate Officer 0 Corporate Officer ~ ~I Title(s): Title(s): ~ : 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General ~ '0 Attorney-in-Fact 0 Attomey-inwFact ~; o Trustee, 0 Trustee ~ ~ 0 Guardian or Conservator 0 GUardian or Conservator ~ ~ 0 Other: Top of thumb here 0 Other: Top of thumb here ~ ~ ~ ~ ~ I b I ~ . ~ Signer Is Representing: Signer Is Representing: ~ . ~ I ~ ~ r5 . ~ ,K.~~"~';Cg;-g~g:;~<':Ig,,"g...~'9V~~"g;.-g,~~--g,.~"9.0'g;.-g;..'g;.'9<;Ig;.~"9;.'QV^9.;'QV~'QV~"Q'...x, C> 1995 National Notary Association' B236 RemmetA.a., P.O. Box 7184. CanOga Par1<., CA 91309-7184 Prod. No. 5907 Reorder: Call TolI.Free 1.800-87&-6827 ~ ~ . -- , '. '. . . .".. ...."." . - ..'," ,". .".' .- " '.' '." Brian Kangas FDulk :ngineers. Surveyors. Planners . August 4, 1997 BKF Project No. 965059-12 PROPERTY DESCRIPTION PARCEL ONE - GROSS PARCEL MAP 7125 ALL that certain real propeny situate in the City of Dublin, County of ..l:Jameda, State of California and described as follows: BEING a portion of the Remainde~ Parcel as said Parcel is sho\VI1 on that c-ertaiD map entitled "P.4.R.CELMlU' 7042, SANTA RITAPROPERTY",:5JedMarch 31, 1997 in Book 229 of Parcel Maps at Pages 50 through 54, inclusive, in the Office of the Recorder of iuameda County, State of California. said portion being more panicularly described as follows: BEGINNING at the westerly tennmus of that certain course delineated as "North 88048'09" West 153920 feet" on the northerly right of way line of Central Parh'''V\'ay as said course is shov,rn on said ~; . TIffiNCE from said POINT OF BEGINNING along the perimeter line of said Remainder Parcel the following :fifteen (15) courses: 1) South 01011 '51" West 106.00 feet; :!) South 88048'09" East 25.00 feet; 3) South 01011 '51" West 549.52 feet; 4) along a curve toiberigbthaving a radius of70.00 feet through a central angle of 13050'45"~ an arc distance of 16.92 feet; 5) South 15002'36" West 22.36 feet; 6) along a curve to the left having a radius of 90.00 feet through a .central angle of 13050'45", an arc distance of 21. 75 feet; 7) South 01 011'5'1" \Vest 113.08 feet; 8) along a curve to tberight having a radius of 40.00 feet through a central angle of90C'3::Z104"~. an arc distance of 63.20 feet; , p Exhibit "A" Page 1 of2 ~ r' .. .". '. ." - ~ . . .' - . ,. ..".' " . August 4, 1997 BKF Project No. 965059-12 Parcel One, Parcel Map 7125 9) North 88016'05" ,Vest 607.07 feet; 10) along a curve-to the right having a radius of 40.00 feet through a cenrral angle of 89027'56". an arc distance of 62.46 feet; 11) North 01011'51" East 25.37 feet; 12) North 88016'05" Vlest 9.00 feet; 13) North 01011'51" East 744.48 feet; 14) North 88048'09" West 12.00 feet; 15) North 01011 '51" East 68.00 feet to a point on a line that is parallel 'with and distant 15.00 feet northerly from the westerly prolongation of said northerly right of way line of Central . Parl."vlay; THENCE leaving said perimeter line along said parallel line South 88048'09" East 285.00 feet; THENCE leaving said parallel line South 01011'51" Viest 15.00 feet to the westerly prolongation of said northerly right of way line of Central Parl....way; THENCE along said westerly prolongation of said northerly right of way line of Central Parh.-v.'ay South 88048'09" East 408.03 feet to the POIh'T OF BEGJNl'i[NG. Containing a gross area of 14.013 acres ofland., more or less. Tbis property descriptioE has been prepared by me, or under my direction, in conformance v.':ith the Professional Land Surveyors Act and shall not be utilized in any conveyance which violates the Subdivision Map Act of the State of California or local ordinances. This description was prepared for Brian Kangas Foulk. By: /~.J ~'vt\..~~~ Paul Kittr6c1ge, P .L.SCJ.Jo. 5790 License E},.'Pire~: 06/30/00 . Dated: ? /4 /q7 k:\s~\940 15S50\J..;als\pm7125-~ wpd J(, Exhibit <LA" Page 2 of2 f, ~ .. . . ..'.. .-:" - ." .0. EXHIBIT B . Additional Conditions The following Additional Conditions are hereby imposed pursuant to Paragraph 5.3 above. Subparauaph 5.3.1 - Subseauent Discretionary Approvals Not applicable. Subparae:r3ph 5.3.2 - Mitie:ation Conditions SubsectioD a. Infrastructure Seauencine: Proe:ram The Infrastructure Sequencing Program for the Project is set forth below. Off-site improvements are generally depicted in Exhibit C. (i) Roads A. Improvements to be Constructed Prior to Certificate of Occupancy . Prior to issuance oftbe first Certificate of Occupancy for any building which is part oftbe Project, the project-specific roadway improvements (and offers of dedication) identified in tllls Agreement and in the Traffic Study for the Villas at Santa Rita, dated March 10, 1997. prepared for the City of Dublin by T.JKM: Transportation Consultants, which are described below. shall be completed by DEVELOPER to the satisfaction of the Public Works Director. . 1. Tassaiara Road. between Dublin Boulevard and 1-580 Tassajara Road shall be widened to four through lanes between Dublin Boulevard and 1-580. The Wip.ening shall consist of: two northbound lanes, two southbound lanes, two northbound left-turn lanes and two shoulders. The widening shall extend north of Dublin Boulevard with smooth transition t.o eXisting conditions. 2.' Central Parkwa,' Alon!!: North Boundary ofProiect <;::entral Parkway (formerly the Transit Spine) is a new street that is planned to ultimately extend. from Hacienda Drive east to Tassajara Road. The following portions of Central Parkway shall be constructed by DEVELOPER and/or COUNTY: Along the north boundary of the Project, the south half of Central Park"V.'a~ shall be constructed to include a 14-foot travel lane, 6-foot bike lane, and 8-foot parking.lane. The no~ half of Central Parkway shall be constructed to include a 2D-foot travel lane. A 3D-foot landscaped median island (with curbs) shall be constructed along the entire frontage of the property at the centerline :).'7 1 Exhibit B August 1, 1997 . ,.. ., ....... -.-'-" - . '-, . . . .. . . . . of the right-of-way. The south half improvements shall include curb, gutter, landscaping and sidewalk. The north half improvements shall include headerboard and earth drainage ditch. 3. Intersection Improvements a) Hacienda Drive at Central Parkwav: Southbound Hacienda Drive north of the Central Parkway Extension shall be widened to include one 250-long 12-foot right-turn lane, one 12-foot through lane, one 250-foot long 12-foot left-turn lane, and a 5-foot bike lane. Northbound Hacienda Drive south of the Central Parkway Extension shall be widened to include one 12-foot left-turn lane, one 12-foot through lane, one future 12-foot through lane, one 12-foot right-turn lane, and one 8-foot emergency parking lanelbike lane. Eastbound Central Parkway Extension west of Hacienda Drive shall be widened to include one 17-foot right-turn lane, one 12-foot left-turn lane, and one 12-foot through lane. 'Westbound Central Parh.""Way east of Hacienda Drive shall be widened to include a 5-foot bicycle path, a 12-foot through lane, and a 25D-foot long 12-foot left-turn lane. . b) Hacienda Drive at Dublin Boulevard: Southbound Hacienda Drive north of Dublin Boulevard shall be widened to include one 12-foot left-turn lane, two 12-foot through lanes, and an 8-foot emergency parking/bike lane. Two 1 O-foot left-turn lanes may be constructed at the option of DEVELOPER and with consent of CITY'S Public Works Director. B. Improvements Needed at Time of Deve)opment of Other Proiects 1. Hacienda Drive Throu2"h Lane The Public Works Director shall determine when a third northbound through lane on northbound Hacienda Drive (south of Central Parkway) is required. Within one year of written notification :from the Public Works Director, DEVELOPER shall design and install the through lane to the satisfaction of the Public Works Director. To the extent practical the notice shall be-'timed so that the work shall be completed immediately prior to the need for the through lane, based on Average Daily Traffic (AD}) warrants. _ 2. ,Dublin Boulevard. between Hacienda Drive and BART Station . A 4-lane road is required between Hacienda and the BART Station. \Vithin one year of written notification from the Public Works Director, and provided that the Surplus Property Authority of Alameda County has obtained title or right-of-entry to the required right-of-way, the ~. DEVELOPER shall design and construct the 4-lane roa~ to the satisfaction of the Public Works Director. )..'6 2 Exhibit B August 1, 1997 .. .A,-O..'... ..... . A ..' "A' '. . .. -: .' ...:..:....... . To the extent practical, the notice shall be timed so that the work shall be completed immediately prio. the need for the improvements, based on ADT warrants. 3. I-S8G at Santa Rita Roadrrassaiara Road Eastbound Ramp The Public Works Director shall determine when the eastbound off-ramp from 1-580 at the Santa RitalTassajara Road exit shall be widened or restriped to provide one exclusive through lane and two left~turn lanes (with the existing free right-turn lane remaining). In conjunction with this improvement, the traffic signal should be modified to provide protected left-turn phasing on the east and west legs (removing the existing split phasing). Within one year of notification by the Public Works Director, and provided consent from Caltrans and the City of Pleasanton, if necessary, has been obtained, DEVELOPER shall design and construct the improvements to the satisfaction of the Public Vlorks Director with input from-the City of Pleasant on where applicable. To the e},,'tent practical, the notice shall be timed so that the work shall be completed immediately prior to the need for the improvements, based on ADT warrants. c. Miscellaneous The obligation of subsection B (1) to (3) above shall be of no force or effect until DEVELOPER obtains the first building permit for the Project. Once effective, such obligation shall survive tennination of this Agreement. City shall provide a credit to DEVELOPER for the cost of the improvements specified in Subparagraph 5.3.2(a)(i)(B) in the manner, at the times and subject to the . conditions provided in Subparagraph 5.3.6(a), (b) and (c). - Within sixty (60) days of the effective date, DEVELOPER shall provide CITY with security for the costs of design and construction of the improvements described in subparagraph B (l), (2) and (3) above in an amount satisfactory to the Public Works Director. The security shall consist of a document, satisfactory to the City Attorney, pledging DEV1;:LOPER'S existing credits against payment of the traffic impact fees as security. The security required by the preceding sentences is not a substitute for the Improvement Agreement and bonds required by Subparagraph 5.3.2, subsection (b) (ii) and (iii) below. The CI)Y may impose a condition on future projects which benefit from the improvements described in subparagraph B (1), (2)~ and (3) to contribute such future project's share of the cost of the improvement, provided the improvements are not constructed by DEVELOPER prior to the approval of such future projects. DEVELOPER shall be responsible for transitioning existing improvements to match improvements required _by this Agreement, including dedications, to the satisfaction of the CITY'S Public Works Director. ~ (ii) . Sewer All sanitary sewer improvements to serve the project site ~or any recorde. phase of the Project) shall be completedjn accordance with and at the times specified in the tentative parcel map. ;..1 3 Exhibit B August 1, 1997 ~;-,-:;;,-.- _/<-_ ~r : _. _- . . . ~, . ,"- ' ~ . - . ~ - . - ,-. -- - . . ' -.,--".. . " .:.",."...:. .:_".. - - -" .' -" .. -~ . . (iii) Water An all weather roadway and an approved hydrant and water supply system shall be available and in service at the site in accordance with and at the times specified in the tentative parcel map to the 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 and at the times specified in the tentative parcel map. Recycled water lines shall be installed in accordance with and at the times specified in the tentative parcel map. (iv) Storm Draina2;e 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 completed to the satisfaction and requirements of the Dublin Public Works Department applying CITY'S and Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7) standards and policies which are in force and effect at the time of issuance of the permit for the proposed improvements and shall be consistent with the Drainage Plan. 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. (v) Other Utilities (e.!!. !!as. electricity. cable television. telephone) Construction shall be comple~e prior to issuance of the first Certificate of Occupancy for each building which is part of the Project. Subsection b. Miscellaneous (i) . Completion Ma,r be Deferred. Notwithstanding the foregoing, CITY'S Public Works Director may, in his Of 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 of the above public improvements until after final inspection of the first building permit for the Project if the Public Works Director determJ.nes that to do so would not jeopardize the public health, safety or welfare. (ii) , Improvement A!!l"eement Prior to approval of the final parcel map, DEVELOPER shall submit plans and specifications to CITY'S Public Works Director for review and approval for the Improvements described in SubpaTar,crraph 5.3.2.(a)(i) and (iv), above (roads and storm drainage). DEVELOPER shall enter into an Improvement Agreement with CITY for construction and dedication of such Improvements ;;0 Exhibit B August 1, 1997 4 "-. -- - .. ~ ~ . . ~ . ,~r....'. ..~. .'.,' . ..... : ,,_ _'. :. priono approval of the final parc~l map. All such improvements shall be constructed in accordance wj~ CInr-S standards and policies which are in force and effect at the time of issuance of the permit for th. proposed improvements, and to the satisfaction of the Public Works Department. With the approval of the CITY'S Public Work's Director, the Improvement Agreement may be executed by the DEVELOPER' S Optionee. In the event that CITY enters into an Improvement Agreement with an optionee of DEVELOPER and accepts bonds from a s..urety who is obligated to such optionee and the option to purchase the property is not exercised, DEVELOPER shall remain obligated to construct the improvements which were the subject of the Improvement Agreement. DEVELOPER agrees that in that event it will not be entitled to a building permit for the property until the improvements are constructed or it enters into an Improvement Agreement with CITY secured by bonds, as specified in (iii) below, This paragraph shall survive termination, of the Agreement. (iii) Bonds Prior to execution of the Improvement Agreement, DEVELOPER (or its optionee, with the approval of the Public Works Director) shall provide a cash monumentation bond, a performance bond and a labor and materials bond or other adequate security to insure that the improvements described in Subp~oraph 5.3.2(a)(i) and (iv) (roads and storm drainage) above ~ril1 be constructed prior to issuance of the first Certificate of Occupancy for any building which is part of the Project. The performance bond or other security shall be in an amoWlt equal to 100% of the engineer's. estimate of the cost to construct the improvements (including design, engineering, administration, and inspection) and the labor and materials bond shall be in an amount equal to 50% of the engineer's estimate. The bonds shall be written by a surety licensed to conduct business in the State of California and approved by CITY'S City Manager. - (iv) Ri2"ht to Construct Additional Road Improvements With the prior written consent of CITY'S Public Works Director, DEVELOPER may construct roadway improvements which are not described in this Exhibit B if such improvements are described in the resolution establishing the Eastern Dublin Traffic Impact Fee and if such improvements are constr,ucted in their ultimate location. DEVELOPER shall be required to enter into an Improvement Agreement and provide bonds for such improvements, as provided in Subsection (b )(ii) and (iii) above, prior to construction. CITY shall provide a credit to DEVELOPER for the cost of such improvementtin the manner and subject to the c.onditions provided in Subparagraph 5.3.6, Subsections (a), (b) and (c). Suboara!rrapb 5.3.3 - Phasin!?:. Timin~ This Agreement contains no requirements that DEVELOPER must initiate or complete development of the Project or any phase of the Project within any period oftime set by CITY. It is the .. intention of this provision that DEVELOPER be able to develop the Property in accordance with its o~ time schedules. The conditions contained in this Exhibit B shall become applicable at the time set forth herein once DEVELOPER initiates the Project. :;1 5 Exhibit B August 1, 1997 " t.~ : '.. . r~':_ &... -.' .'. . . . . .. ....::'..- ..- ." ".,- .,+,. . .- , ., ".. Subpara!!raph 5.3.4 - Financin!! Plan Except as provided in Subparagraph 5.3.2(b)(i) (Completion May Be Deferred), DEVELOPER will provide all infrastructure described in Subparagraph 5.3.2(a)(i)(A) prior to issuance of the first Certificate of Occupancy for the Project. DEVELOPER intends to install all road improvements necessary for the Project at its o'V.-'l1 costs (subject to credit for any Traffic Impact Fees 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 has entered into an "Area Wide Facllities 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. Subparae-ravh 5.3.5 - Fees, Dedications Subsection a. Traffic impact Fees. DEVELOPER shall pay all traffic impact fees applicable to the Project which are in effect at the time of issuance of any building permit for the Project. Such fees include the Traffic Impact Fee for Eastern Dublin established by Resolution No. 41-96, including any future amendments to such Fee. Nornitbstanding the provisions of Resolution 41-96, DEVELOPER agrees to pay such fees for all 324 units at the time of issuance of the flIst building permit. DEVELOPER and CITY acknowledge that DEVELOPER is entitled to certain credits ("1991 Credits") against payment of the Traffic Impact Fee for Eastern Dublin by separate agreements previously entered into between DEVELOPER and CITY in 1991'. DEVELOPER agrees that, notwithstanding its entitlement to such 1991 Credits, its 1991 Credits cannot be applied against payment of the "Section 2" and "Section 3" portion of the Traffic Impact Fee for Eastern Dublin. DEVELOPER (and its assignees) will, rather, pay the "Section 2" and "Section 3" portion of the fee in cash. DEVELOPER further agrees that it (and its assignees) will use the 1991 Credits against one-half (112) of-the "Section 1" portion of the Traffic Impact Fee for Eastern Dublin. CITY shall determine wpich of the 1991 Credits shall be used pursuant to this parngraph. Subsection b. - Traffic Impact Fee to Reimburse Pleasanton for Freeway Interchall!~es DEVELOPER shall_ pay the Eastern Dublin 1-580 Interchange Fee established by City of Dublin Resolution No. 11-96 or any subsequent resolution which revises such Fee if such F~e is effective at the time of issuance of any building permits for the Project. DEVELOPER shall be released from its obligation, as set forth in the preceding sentence, if a lawsuit is filed challenging the Project approvals, this Agreement, the CITY'S compliance with CEQA for the Project, the Eastern Dublin-Traffic Impact Fee, or any other aspect of the development of the Property. Notwithstanding the provisions of Jj.. 6 Exhibit B August 1, 1997 Resolution No. 11-96, DEVELOPER agrees to pay such fees for all 324 units at the time of issuance of the first building permit. . Subsection c. Public Facilities Fees. DEVELOPER shall pay a Public Facilities Fee in the amOtmts and at the times set forth in City of Dublin Resolution No. 32-96, adopted by the City Council on March 26, 1996, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. Notwithstanding the provisions of Resolution No. 32-96, DEVELOPER agrees to pay such fees for all 324 nnits at the time of issuance of the first building permit. CITY has formed a task force to make recommendations to the City Council regarding the facilities to be constructed on the 56-acre City Park, the phasing of construction of such facilities and other matters related to the City Park. CITY has circulated a request for proposals to hire a landscape architect to assist the task force with the development of the City Park Master Plan. Upon adoption of the Master Plan by the City Council (anticipated Spring 1998), CITY intends to prepare plans and specifications for construction of the first phase of the City Park. CITY anticipates to award a contract for construction of the first phase of the City Park during fiscal year 1998-1999. . Notwithstanding the preceding paragraph, upon 30 days' notice from CITY but not later than 12 months from the effective date of this Agreement, DEVELOPER or the County shall dedicate to CITY in fee simple 12.31 acres of land for the City Park located east of Tassajara Creek. The exact location of the land to be dedicated shall be determined by CITY. The land to be dedicated and underlying grolUldwater shall be free of hazardOUS. substances. The dedication of3.24 of the totaIl2.31 acres by DEVELOPER shall satisi}' DEVELOPER'S obligation under Dublin Municipal Code Chapter 9.28 (CITY'S "Quimby Act Ordinance") for community park land and neighborhood park land for the Project and shall be a credit against the portion of the Public Facilities Fee for the Project for "Community Parks, Land" and "Neighborhood Parks, Land." The dedication of9.07 of the total 12.31 acres by DEVELOPER may be used by DEVELOPER as a credit against its obligation under Dublin Municipal Code Chapter 9.28 for community park land and neighborhood park land and the portion of the Public Facilities Fees for .'Community Parks, Land" and "Neighborhood Parks, land" for future projects on its remaining Santa Rita property. Subsection d. Noise Miti2;ation Fee. DEVELOPER shall pay a Noise Mitigation Fee in the amounts and at the times set forth in City of Dublin Resolution No. 33-:.96, adopted by the City Council on March 26, 1996. ." Subsection e. School Impact Fees and Fire Impact Fees. School impact fees shall be paid by DEVELOPER in accordance with Government Code section 53080. DEVELOPER shall pay a flIe facilities fee in the amounts and at the times set forth in City of Dublin Resolution No. 37-97, adopted by the City Council on April 15, 1997. 3~ . 7 Exhibit B August 1, 1997 ::~~":"-'._-~'"":'_::-~--::-:~::.':.'~.+' .'. '.--~::.'.'.':.::.~'- ". ..-.:.:..-..:-....:... . . . : :. ::'-- ,".- .: -.- .-. . .:. .;.' . "". '.. Subsection f. Re!:!:ional Transportation Impact Fee. In the event that the Tri-Valley Transportation Council recommends and the City Council adopts a Regional Transportation Impact Fee to pay for regional transportation improvements in the Tri-Valley area, DEVELOPER will pay any such fee in effect at the time of issuance of any building permits for the Project. By so agreeing, DEVELOPER does not waive its rights to challenge the legality of any such fee. Subsection 2:. Specific Plan Implementation Fee. Prior to issuance of the first building permit for the project, DEVELOPER shall pay a "Specific Plan Implementation Fee." The amount of the fee shall be the Project's pro rata share on an acreage basis of CITY'S then current costs for implementation of the SpecifIc Plan and the mitigation measures of the final Environmental Impact Report for the Specific Plan. Subsection h. Dedications. DEVELOPER agrees to dedicate the following property (owned by DEVELOPER) required for roadway improvements to CITY in fee simple and both the land and groundwater shall be free of hazardous substances: 1. Sufficient land to construct six lanes with.shoulders for Tassajara Road from Dublin Boulevard to 1-5.80 including right-of-way for transitions north of Dublin Boulevard. 2. 122 feet at the west end and 106 feet at the east end, for the right-of-way for Central Parkway from Hacienda Drive to Hibernia Drive. 3. 20 feet for Dublin Boulevard fronting the project (for a total width from centerline to property line of91 feet). 4. 136 feet wide at the northern portion of the frontage and 145 feet wide at the southern end of the frontage, for the right-of-way for Hacienda Drive between Dublin Boulevard and Central Parkway. 5., Any additional right-of-way necessary to construct the intersection improvements and transitions listed in Subparagraph 5.3.2a(i)(A)(3) above. Subpara2:raph 5.3.6 - Reimbursement/Credit Subsection a. Traffic Impact Fee Improvements Credit. CITY shall provide a. credit to DEVELOPER consisting of 16 feet of Central Parkway and 14 feet oflandscaped median abutting"the project site (which is a portion of the improvements to be constructed per SubpaIa.eoraph 5.3.2a(i)A2, if such improvements are described in the resolution establishing the Eastern Dublin Traffic Impact Fee and if such improvements are constructed to their ultimate size and their ultimate location: rl Exhibit B August 1, 1997 8 . ~., .,..' ~ . - + - '.-. 0 : .: 0 _ ~:. .0....:. .0....... .;:. 0;........ ". rO.::O..._-~'.,,,,_, _' ~O,'::..'. ".'-w'w:.-'..-'..O'-'" .+ . - . . ... 0 ..- .. ~. - ... '. .., 0' 0, The amount of the credit to be given shall be determined by City's Public Works Director at t. time of the Improvement Agreement referred to in Subparagraph 5.3.2 subsection (b)(ii) using the co of construction used by CITY in calculating and establishing the Traffic Impact Fee. The amount of the credit, once established, shall not be increased for inflation nor shall interest accrue on the amount of the credi 1. The credit shall be applied against the "Section 1" portion of the traffic impact fees required to be paid pursuant to Subsection (a) of Subparagraph 5.3.5. The credit shall not be applied against the "Section 2" or "Section 3" portion of the Traffic Impact Fee for Eastern Dublin. Subsection b. Traffic Impact Fee Ri2ht-of- Way Dedications/Credits. CITY shall provide a credit to DEVELOPER for 46 feet of right-of-way dedicated for Central Parkway abutting the project site (which is the right of way to be dedicated pursuant to Subparagraph 53.2a(i)A2), which is required for roadway improvements which are described in the resolution establishing the Easter Dublin Traffic Impact Fee: The amount of the credit to be given shall be determined by CITY'S Public Works Director at the time of dedication of the right-of-way using the right-of-way values used by CITY in calculating and establishing the Traffic Impact Fee. The amount of the credit, once established, shall not be increased for inflation nor shall interest accrue on the amount of the credit. The credit shall be applied against the "Section 1" portion of the traffic impact fees required to. paid pursuant to Subsection (1) of Subparagraph 5.3.5. The credit shall not be applied against the "Section 2" or "Section 3" portion of the Traffic Impact Fee for Eastern Dublin. Subsection c. . Use of Excess Credits. In the event that credits referred to in Subsections (a) and (b) of this Subparagraph 5.3..6 (Traffic Impact Fee credit for construction of 16Jeet of Central Park.-way and 14 feet of landscaped median abutting the project site and 46 feet of right-of-way dedicated for Central Parh.-way abutting the project site) are in excess of the amountS of credits which can be applied against the traffic impact fee payable pursuant to Subsection (a) of Subparagraph 5.3.5. (i.e., one-half of the "Section I" portion of the Traffic Impact Fee for Eastern Dublin), DEVELOPER shall be entitled to "bank" such credits (referred to as "Excess Credits") and may use them as provided herein. The Excess Credits shall not bear interest, nor shall the amount thereof be increased for inflation. The Excess Credits may only be used for future projects on DEVELOPER'S "Santa Rita" property. M' Subsection d. Illustrative Example. The following is an example for pUIposes of illustration only and not using actual numbers of how the payment of the Traffic Inipact Fee would be accomplished in cash and through the use of credits: . '35 9 Exhibit B August 1, 1997 . . . _.-..~'-" :.~. '":.":_r" _. _~~:-.....' _.....:...". w.... -.. ..........-_.. Traffic Impact Fee (314 units at $2,928) Section I Section 2 Section 3 $664,640.64 $198,271.80 $ 85.759.56 Total: $948.672.00 Credit for Construction ofImprovements and Dedication of Right-of-Way TIP Credits for Construction (Exhibit B, 1{S3.6(a)) $140,000 Right-of-Way Credit (Exhibit B, lIS3.6(b)) $180.000 TOTAL: . $320.000 Payment of Traffic Impact Fees Section 1 $332,32032 paid by use of prior credit from Roadway Agreement, ("1991 credits") $320.000.00 paid by use of new credit for right-of-way dedicated and road improvements constructed as part of the project TOTAL REMAINING: $ 12.320.32 paid in cash or by credits from other projects, as permitted Section 2 Section 3 $198,271.80 cash $ 85,759.56 cash "Excess Credits" if any -0- (Exhibit B, 1{53.6(c)) Subpara!rravh 5.3.7 - Miscellaneous Subsection a. Landscanin2" Maintenance Along: Streets and Creek .' CITY has formed a.landscape maintenance district known as the "Landscape Maintenance Assessment District No. 97-:1 (Santa Rita Area)" pursuant to a petition from DEVELOPER, and imposed an assessment against the Property to pay for street and creek landscape maintenance. In addition, on September 24, 1996, DEVELOPER recorded a Declaration of Covenants, Conditions and Restrictions which covers the Property, ~hereby DEVELOPER., on behalf of itself and its successors, has covenanted to pay a "Deed Assessment" to CITY for maintenance of street and creek landscaping. 'j& g:pa97"'()07/cxhibitB Exhibit B August 1, 1997 10 , I : CENTTlAL PARKIt'A ~/ " '" --1lIil :c -1lIil -"... " ."-" '.'-. -, + :: ...... " TA$AJARA ROAD r--,-:- ~- , - ~ ~~-- =. - " -- Ii -.. ". " ~!IIIIU.a."", - (~ ~1 ~. ~,..,t_! ~ i.=::.zr' : .... . - 11:- &1:- " " !!tV'J,..I( I 1\ I:! ft,,!! ~ ! ,.: ! ! ; ,! I . ;! i :! i .'j I .1'::> $ r- ~ ~ ~ eJ - =. 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