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Home My WebLink AboutItem 4.02 EDublinSchlMitigation (2) . . . CITY CLERK File # D~[Q][Q]-~[L1J AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 5,1998 SUBJECT: Eastern Dublin School Mitigation Agreement between the Dublin Unified School District and Clyde Casterson . ~.OCJ (Report Prepared by: Carol R. Cirelli, Senior Planner'j.A"'" EXHIBITS ATTACHED: 1. School Mitigation Agreement RECOMMENDATION: Approve the Dublin Unified School District and Clyde Casterson School Mitigation Agreement; or give Staff direction and continue the matter. vJf FINANCIAL STATEMENT: None DESCRIPTION: A condition of the PD Prezone resolution for the 1 ,538-acre Eastern Dublin annexation project requires the mitigation of school facilities within the Eastern Dublin Specific Plan area. The condition complies with Action Program 8B of the Eastern Dublin Specific Plan, which requires the City to work with appropriate school district(s) to ensure that the development of new facilities is provided for through the dedication of school sites and/or the payment of development fees. The Clyde Casters on property is within the Eastern Dublin annexation and prezone area and the affected school district for the property is the Dublin .Unified School District. About one and a half years ago, property owners within the Eastern Dublin annexation area petitioned for a school territory transfer from the Livermore Valley Joint Unified School District to the Dublin Unified School District. The City supported this petition and the Alameda County and State Boards of Education approved the petition last Spring of 1997. The PD Prezone school facilities mitigation condition states that prior to approval of a Land Use and Development Plan and PD Rezone for any land within the 1,538 acre area, all developers of property subject to the Land Use and Development Plan shall enter into a written mitigation agreement with the affected school district and the City. This agreement will establish the method and manner of financing and/or constructing school facilities necessary to service the student population generated by Eastern Dublin development. The agreement will address the level of mitigation necessary, the amount of any school impact fees and the time of payment of any such fees, and similar matters. The condition also st~tes that the City shall be a party to any such agreement only for purposes of assuring uniformity among ....-----.. - --- ~ - - - ~ -......-..- ~ ~ ~ - -............... -.---......... - -............... ---- -............... - - ~ ~ COPIES TO: In-House Distribution 4.2 ITEM NO. g: \e asldu b I\schoo I s\5 -9 8 ccsr the different property owners and appropriate land use planning, and that the agreement is not effective until approved by the City. In order to satisfy the requirements of the school mitigation condition, attached for your review and consideration is the school mitigation agreement between the Dublin Unified School District (School . District) and Eastern Dublin property owner, Clyde Casterson (see agreement, Exhibit 1). This agreement, which is the third school mitigation agreement that has been approved in the Eastern Dublin annexation area, complies with the school mitigation zoning conditions explained above. Exhibit B of the agreement is the school mitigation fee schedule. In compliance with the Eastern Dublin annexation PD Prezone condition, property owner Clyde Casterson, the School District and the City are entering into this written mitigation agreement prior to approval of a Land Use and Development Plan and PD Rezone for the Clyde Casterson property. The School District and Clyde Casterson have signed the attached agreement. City staff (Planning Department and City Attorney) reviewed the agreement and determined that it is adequate for the Mayor's signature. The School District and Clyde Casterson school mitigation agreement is substantially similar to the previous school mitigation agreements approved for the Jennifer Lin and Pao Lin properties. The school mitigation fees for all three properties are the same. StaffrecoIDmends City Council approval of the school mitigation agreement between the Dublin Unified School District and Eastern Dublin property owner, Clyde Casterson. . . 2 . . . AGREEMENT FOR THE MITIGATION OF DEVELOPME!\11' IMPACTS UPON THE SCHOOL FACILITIES OF DUBLIN UNIFIED SCHOOL DISTRICT TillS AGREEMENT FOR THE MITIGATION OF DEVELOPMENT IMPACTS UPON SCHOOL FACILITIES (hereinafter "Agreement"), is entered into by and between Clyde Casters on (hereinafter "Owner") and the Dublin Unified School District (hereinafter "District"). RECITALS ""THEREAS, on October 1, 1995, territory in Eastern Dublin was annexed to the City of Dublin (hereinafter "Dublin" or "City"); WHEREAS, Owner is the record owner of approximately 19 contiguous acres in the East portion of Dublin, .APN #986-0002-003 (hereinafter "Subject Property"). The Subject Property is more thoroughly described in the boundary map attached hereto as Exhibit "A" and incorporated by reference; WHEREAS, school facilities are a part of the infrastructure necessary to serve future residents of the Subject Property; WHEREAS, new residential and/ or commercial/industrial development ( collectively "New Development") in the Subject Property will have a direct impact on existing and future school facilities within District boundaries. These impacts will require the construction of new facilities to house the additional student population generated by the New Development; WHEREAS, Owner and District (collectively referred to as "Parties") agree that state funding for school construction is extremely limited and not likely to provide adequate monies for the construction of new school facilities; WHEREAS, the City's General Plan and the prezoning and zoning conditions of approval for the Subject Property, require Owner to fully mitigate the impact on school facilities caused by New Development in the Subject Property; WHEREAS, the City's General Plan and the prezoning and zoning conditions of approval ror the Subject Property require the City's participation in this Agreement for the limited purpose of ensuring adequate school mitigation in Dublin; \VHEREAS, this Agreement shall not be effective until approved by City, and such approval shall be evidenced on page 14 or this Agreement; Fil:.: R:::IDubhn.(()6 0::.'798 Cas.'O'"h-5.cln EXHIBIT 1 1 or 16 WHEREAS, in November 1996, the District prepared a study entitled "1996 Facilities . Master Plan Addendum" (hereinafter "NeA"Us"). The purpose of the Nexus was to establish a mitigation amount which, if paid by a developer, would constitute full mitigation of the impacts of development on schools. The full mitigation amounts justified by the Nexus are set forth in Exhibit "B" which is attached hereto and incorporated by reference; WHEREAS, Owner, in order to proceed with planned development, may be required to obtain approval of maps, permits, annexations, rezoning application from a local government agency, and other approvals or actions which may be subject to opposition from the District; WHEREAS, Owner desires that development move forward without opposition from District, and District desires to secure a binding and enforceable Agreement from Owner which provides sufficient funding for school facilities necessary to serve the residents of the development; WHEREAS, Owner desires to both fully mitigate the anticipated impacts caused by the New Development on school facilities and assure the existence of adequate school facilities for the student population generated by this development of the Subject Property by entering into this Agreement with District; WHEREAS, Owner has the resources to assist in securing State and other funds and agrees to use his or her best effort') to obtain the cooperation and coordinate the efforts of other owners in offering their resources and expertise; and . '\VHEREAS, City, District and Owner desire that school facilities be timely funded and developed to provide adequate facilities for K -12 students expected to be generated by the planned development consistent with the NeA"Us; NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual promises and covenants of the Parties contained in this Agreement, and in exchange for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree as follows: AGREEMET\T'f 1. Recitals The preceding recitals are incorporated herein as though fully set forth. 2. School Mitigation By executing this Agreement, Owner agrees to fully mitigate the school impacts created by New Development in the Subject Property. Accordingly, Owner shall pay the District the mitigation amounts {hereinafter "School Mitigation Amounts") as set forth in Exhibit "E". File:" RClDublin.OO6 012798 CastrK.5.dn :. 2 of 16 .. . . . a. Residential Development The School Mitigation Amounts for residential development in the Subject Property shall be increased annually, beginning January, 1998. This increase shall be determined according to the adjustment for inflation set forth in the statewide cost index for class B construction (hereinafter "Index"), as determined by the State Allocation Board at its January meeting. If the Index discontinues publication, the index used thereafter by the State Allocation Board or its successor shall be applied. For the purposes of computing inflationary increases for residential development, Baseline is 1987 = 1.00. The Index for January, 1997 is 1.24. The inflationary adjustment shall be computed with reference to the Baseline. Accordingly, increases shall equal the Index's annual difference. For example, if the Index is 1.30 in January 1998, the inflationary Index would equal 4.8% (1.30-1.24 = .06; .06/1.24 = .048; .048xI00% = 4.8%). b. Commercial Industrial Development The School Mitigation Amounts for new commercial/industrial development shall be the maximum statutory school impact fees set forth in Government Code sections 53080 and 65995. This amount shall be adjusted for inflation as set forth in Government Code section 65995. c. Amendment or ReDeal of School Impact Fees If Government Code sections 65995 and 53080 are either repealed or amended to change the maximum statutory school impact fees for residential and/ or commercial/industrial development, the Parties expressly agree that the School Mitigation Amounts for such development shall be the amounts set forth in this Agreement, at Exhibit "B", and as adjusted for inflation. d. Additional MitilZation Except as provided in this Section, and in Sections 3, 8, and 9, the School Mitigation Amounts shall not be modified during the term of this Agreement. Except as provided in this Agreement, no additional or other mitigation for residential, commercial or industrial development shall be required of Owner by the District. File; RC/Publin.OO6 . 012798 Ca,,,.K.5.cln 3 of 16 3. No Offset . District and Owner agree and acknowledge that the School Mitigation Amounts specified in this Agreement reflect current levels of funding from the State of California. Because of these State funding levels, additional funds must be raised from New Development. Should additional governmental funding sources become available for. school construction andlor site purchase, District shall make every reasonable effort to pursue these additional funding sources. a. Except as noted in this Section, the School Mitigation Amounts shall not be offset by the receipt of any monies from, or the waiver of any fees or expenses by, governmental and/or private funding sources. Nor, shall there be any offset for any other funds that may be received by the District that are required to or could be designated for school construction. Additionally, except as noted in this Section, the School Mitigation Amounts shall not be offset for bond monies that have been or may in the future be issued by any governmental sources. b. If the District receives any future governmental monies which may only be used for new school construction, these dollars shall rIrst be used to reduce and/or eliminate any cash shortfall (hereinafter "Shortfall ") in school construction costs incurred by the District. c. For the purposes of this Section, a Shortfall exists when the sum of (1) the revenue from the mitigation actually collected, (2) the anticipated mitigation to be generated by the . remaining undeveloped properties in the District, and (3) available governmental funding, is insufficient to build the facilities contemplated by the Nexus. Shortfall may be actual, anticipated and/or projected. Determinations of anticipated andl or projected Shortfall shall be based on the District's latest adopted Nexus when such governmental momes are received. d. If one hundred percent (100 %) of the Shortfall is eliminated pursuant to Section 3.b., the District shall amend the School Mitigation Amounts to reflect the excess dollars. AIJy reduction in the School Mitigation Amounts in accordance with this Section shall be prospective. Accordingly, Owner shall not be entitled to a credit for previously paid School Mitigation Amounts. . e. . If, after the School Mitigation Amounts are amended in accordance with Section 3. d, the District incurs a Shortfall, the District may increase the School Mitigation Amounts to eliminate the Shortfall. Any increase in School Mitigation Amounts shall not exceed the School Mitigation Amounts (adjusted for inflation) set forth in Exhibit "B". Such increases shall be applied prospectively. Accordingly, the District shall not be entitled to collect additional mitigation for previously underpaid School Mitigation Amounts. File; .. . .RClDublin.OO6 . . 012798 . UslTK.5.cln . 4 of 16 . 4. Full ~fitigation Compliance with this Agreement will fully mitigate Owner's impact on the school facilities of the District, and will relieve Owner of any responsibility for additional school mitigation. 5. Certificate of Compliance As an express condition precedent to the receipt of a building permit, Owner shall tender to the District payment of the School Mitigation Amount. Upon payment of the School Mitigation Amount, District shall provide Owner with a "Certificate of Compliance" indicating payment of the School Mitigation Amount in full. District shall also forward copies of such Certificates of Compliance to the City. No building permit shall be issued by City absent presentation by Owner to City of a Certificate of Compliance. In the event that City issues a building permit without detennining whether a Certificate of Compliance has been issued, Owner shall pay the School Mitigation Amount in accordance with the terms of this Agreement upon demand of District. In no event shall such payment occur later than issuance by City of a Cenificate of Occupancy. 6. Alternative Mitigation Option . As an alternative to payment of the School Mitigation Amounts, Owner may participate in the formation of a Mello-Roos Community Facilities District (hereinafter "CFD ") to fmance necessary school facilities. CFD formation shall require approval of the District. The CFD, if formed, shall fully mitigate Owners' impacts on school facilities for those homes included in the CFD and no further mitigation shall be required of Owner. Accordingly, all aspects of CFD formation and administration shall be subject to approval by the District. Full mitigation shall be based on the School Mitigation Amounts set forth in Exhibit "B". 7. Non-Opposition by Owner Owner agrees to pay the School Mitigation Amounts as required by this Agreement even if future legislation, voter initiative, or court judgment limits the type or amount of fees or charges that can be collected by the District. Failure or refusal by Owner to pay the School Mitigation Amounts shall constitute a material breach of this Agreement. By executing this Agreement, Owner further agrees not to challenge the validity, amount or application of the School Mitigation Amounts or CFD formation to New Development in the Subject Property. Additionally, Owner shall not challenge the existing Nexus or any subsequently adopted Nexus report, provided the District does not attempt to impose School Mitigation .A..mounts greater than those established in Exhibit "B" as adjusted for inflation pursuant to Section . . File: RClDublin.OO6 012795 CastrK.5.cln 5 of 16 2 above. Owner's participation in any challenge, including but not limited to those actions . referenced above, shall constitute a material breach of this Agreement. 8. Non-Opposition by District In consideration of Owner's agreement to provide funding for adequate school facilities, the District shall not oppose New Development in the Subject Property and shall inform the City that Owner made provision, by execution of this Agreement, to fully mitigate the anticipated impacts caused by their development on school facilities. District recognizes that Owner may, in the future, apply to the City for modifications to the Eastern Dublin Specific Plan (hereinafter "EDSP") regarding the location, number, and density of residential units permitted on the Subject Property to reflect changes in market conditions. The Parties agree that, if such modifications occur, the School Mitigation Amounts may not fully mitigate the impacts caused by New Development. Accordingly, District shall not oppose (including taking any action described in the first Paragraph of this Section) such modifications so long as the proposed total number of units and the number of units within each of the density ranges on the Subject Property are within 10% of both the total number of units and the number of units within each of the density ranges of the Subject Property as set forth in the EDSP, dated January 7, 1994, and as amended on October 28, 1996. If these proposed modifications exceed the 10% limit, District may withhold the issuance of Certificates of Compliance until Owner makes additional provisions to fully mitigate . the impacts, if any, caused by New Development. 9. Uniform School Mitigation Amounts The District shall use its best efforts to uniformly apply the School Mitigation Amounts set forth in Exhibit "B", or as subsequently modified as provided for in Section 2, above, to other owners of property subject to the EDSP. Owner and successor owners of the Subject Property shall not be obligated to pay mitigaiion amounts (or otherwise provide mitigation) which are greater than that which the District voluntarily requires of owners of other properties subject to the EDSP. For the purposes of this Section, "voluntarily requires" shall mean that the District (absent future legislation, voter initiative, court judgment or requirement by the City which limits the type or amount of fees or charges that the District can collect) willingly entered into an agreement which provides for mitigation amounts lower than those set forth in Exhibit "B" of this Agreement. Owner agrees that the District's duties imposed pursuant to this Section shall not apply 10 the following two projects: i) California Creekside/Brookside (City of Dublin Tract Map No. 6822) __ ,___, . ii). ,-- .. Villa Santa Rita (City of Dublin Tentative Parcel Map No_ 7125). . - Fil.: - RCffiublin.OO6 - Ol:!798 CasrrK-5.dn 6 of 16 . . . 10. Disclosure by Owners Owner shall disclose this Agreement and its obligations to all successors, assigns, and/or subsequent purchasers, if any, who purchase property subject to this Agreement. This disclosure shall be made prior to Owner's assignment or sale of all or any of its interest in the Subject Property. This disclosure shall state that the obligations hereunder must be satisfied by direct disbursement of Mitigation to the District. If this Agreement and its obligations are not disclosed to a subsequent purchaser, Owner shall be liable for the payment of the School Mitigation Amounts as though they still owned the Subject Property (or portion thereof). In such situations, Owner shall indemnify District for all costs incurred in collecting the School Mitigation Amounts, including, but not limited to, attorney's fees. Owner's duty of disclosure pursuant to this Section shall be extinguished when all mitigation amounts for the Subject Property have been paid to the District. If Owner sells or assigns a portiones) of the Subject Property, the duty of disclosure for that portiones) shall be extinguished when the total mitigation amount for that portiones) has been paid. Disclosure may be accomplished by recordation of the Agreement pursuant to Section 22 below. 11. J\.1aterial Breach by Owner The District is entering into this Agreement in reliance upon the representation of Owner that during the term of this Agreement Owner will not individually or collectively challenge, or participate, encourage or support any challenge to, the validity, amount, and/or applicability of the School Mitigation Amounts or any existing Nexus to residential and/or commercial/industrial properties located within the City. The District is also entering into this Agreement in reliance on Owner's representation that Owner will not challenge any future Nexus, provided the District does not attempt to impose mitigation -amounts greater than those established in Exhibit liB II after adjustment for inflation pursuant to Section 2 -above. If Owner violates the conditions or covenants set forth in this Agreement, or engages in any other conduct which constitutes a material breach of -the Agreement, the following consequences shall result: a. Material Breach If Owner's action or inaction constitutes a material breach of this Agreement, District shall immediately suspend the issuance of Cenificates of Compliance to Owner, and shall notify City of such suspension. This suspension shall remain in effect until the breach is cured. Owner shall cure any breach by imm~diately paying the District the sum of: . Fik' - RClDublin_OO6 01Z798 C2$ltK-5.cln _ 7 of 16 _ (i) the appropriate School Mitigation Amount established by the Nexus (found in . Exhibit B and modified in accordance with Paragraph 2 of this agreement), multiplied by the number of units for which Owner has received building permits for which the School Mitigation Amount has not been paid to District; (ii) general interest on the amount in (i) calculated from the date of initial breach; and (Hi) any consequential damages flowing therefrom. N otbing herein shall affect the validity of a building permit issued prior to the time District sends or communicates notice to either Owner or City, whichever is earliest, that District is suspending the issuance of any further Certificates of Compliance to Owner. b. Indemnification If Owner's action or inaction constittItes a material breach of this Agreement, Owner shall indemnify District for all actual and consequential damages, expenses and/or costs that may be incurred by the District as a result of such material breach. Such expenses shall include, but not be limited to, attorneys' fees. c. Specific Performance . The Parties agree that the subject matter of this Agreement is unique. Therefore, in addition to any and all other remedies, if Owner violates the conditions or covenants set forth in this Agreement, or engages in any other conduct which constitutes a material breach of the Agreement, District shall have the right to obtain specific performance of this Agreement." 12. Material Breach by District - " Owner is entering into this Agreement in reliance upon the representation of District that during the term of this Agreement, District: i) will riot oppose New Development in the Subject Property and shall inform the City that Owner made provision, by execution of this Agreement, to fully mitigate the anticipated impacts on school facilities caused by Owner's development; and ii) will issue to Owner a Certificate of Compliance in accordance with Section 5 above upon compliance with the mitigation obligations set forth in this Agreement. -. FiI~: RC/Dublin.OO6. - 012798 Casll"K.S.c1n 8 of 16 . . .: The Parries agree that the subject matter of this Agreement is unique. Therefore, in addition to any and all other remedies, if District violates the conditions or covenants set forth in this Agreement, or engages in any other conduct which constitutes a material breach of the Agreement, Owner shall have the right to obtain specific performance of this Agreement, including, but not limited to, the issuance of a Cerrificate of Compliance. 13. Binding Agreement a. This Agreement shall be binding upon the Parties. All of the covenants, stipulations, promises, and agreements contained in this Agreement by or on behalf of, or for the benefit of either of the Parties, shall bind and inure to the benefit of their respective successors or assigns. b. Owner agrees to pay, and not to challenge, protest or pay under protest, any mitigation amounts required by this Agreement. Owner further agrees to pay these amounts even if future legislation, voter initiative or court judgment invalidates the required mitigation payment (or any portion thereof). c. This Agreement shall run with the land and be binding upon all successors of Owner. Any material breach by a successor, representative or assign of this Agreement shall have the same force and effect as provided for in Section 11 above. 14. Entire Agreement a. This Agreement constitutes the entire agreement between the Owner and the District. regarding school mitigation. As long as there is no material breach of this Agreement, this Agreement supersedes any and all other agreements, either oral or in writing, between the Parties, or their predecessors in interest, with respect to school mitigation necessitated by New DevelopmenL Each party to this Agreement acknowledges that representations by any party with respect to the subjects identified in this section which are not embodied herein, or any other agreements, statements or promises not contained in this Agreement, shall not be valid and/or binding. b. The Parties represent, warrant and agree that in executing and entering into this Agreement they are not relying upon, and have not relied upon, any representation, promise or statement made by anyone which is not recited, contained or embodied herein. The Parties agree and assume the risk that any fact not verified, contained or embodied in this Agreement may turn out to be other than, different from, or contrary to, the facts now known to them and believed by them to be true. The Parties further agree that this ~ Agreement shall be effective in all respects notwithstanding, and shall not be subject to termination, modification or rescission by reasons of any such differences in facL - - - - c. Each party executing this Agreement hereby acknowledges and agrees that they _ _ have- carefully read all of its terms and provisions, have been advised of its many Fii~: RClDllblin.OO6 01:1798 U1strK.5.oIn _ ... 9 of 16 consequences by their attorneys, and signs this Agreement of their own free will and with . advice of counsel. 15. Third party Beneficiaries The Parties agree that this Agreement is by and between the Parties and/or their successors and assigns, and no third party (including, but not limited to, future homeowners) is intended, expressly or by implication, to be benefitted by this Agreement. 16. Amendment and Waiver No supplement, modification or amendment of this Agreement shall be binding unless executed in writing' by all the Parties. No waiver of one provision of this Agreement shall be deemed to constitute a waiver of any other provision(s), whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 17. Invalid Term Except as set forth in Sections 7 and 13 above, if any provision of this Agr-eement is declared or determined by any court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. . 18. Applicable Law a_ . The Parties understand and -agree that this Agreement shall be governed by, and interpreted under, the laws of the State of California'H b_ In the event of a dispute concerning the terms of this Agreement, the Parties expressly agree that the venue- for any legal action shall be with the appropriate court in the County of Alameda, State of California. 19. Interpretation All Parties warrant that they participated at arms length in drafting this Agreement. The terms of this Agreement shall not be construed for or against any party by reason of authorship of this Agreement, but shall be construed in accordance with the meaning of the language used herein. -.'. -- .". .- . Fii== RClDubIin.OO6 012798 OmrK.5.oln 10 of 16_ . . .- 20. Additional Matters Each party will execute, promptly upon request from another party, any further papers or documents not herein specifically mentioned which may be reasonably necessary to carry out the letter and spirit of this Agreement, and will do all things necessary to carry out and effectuate the terms and intent of this Agreement. 21. Effective Date of This Agreement This Agreement, regardless of when executed, shall be deemed to be dated on and effective as of the 27th day of January, 1998. 22. Recording of Agreement Owner shall record a copy of this Agreement in the official records of Alameda County. 23. Attorney's Fees The prevailing party in any action or proceeding to enforce, interpret or otherwise, arising out of or relating to, this Agreement or any provision thereof (including, but not limited to, any trial, arbitration, administrative hearing or appeal) shall be entitled to recover from the other party (or parties) all of the costs and expenses, including but not limited to reasonable attorney's fees and expert's fees. 24. _ Notices, Communications and Demands Formal notices, communications or demands to a party shall be sufficiently given if: a. personally delivered; or b. mailed by registered or certified mail, first class postage prepaid, return receipt requested to the principal office of the District or Owner; or c. delivered by Federal Express or other reliable private express delivery service to . 'the principal office of the affected District or Owner. .,- _:'l. Identical Counterparts This Agreement may be executed in identical counterparts, each of which shall constitute a duplicate original. File: -RClDublin,006 012798 CamK.5,tlri .. 11 of 16 26. Headings The headings contained herein are for the purpose of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 27. Exhibits All Exhibits attached hereto are incorporated into this Agreement by reference. 28. Term of Agreement Unless there is a material breach, as set forth in Sections 11 or 12, this Agreement shall expire upon completion of full buiIdout of the Subject Property. 29. Authority to Execute Each signatory to this Agreement warrants that he or she is authorized to enter into this Agreement on behalf of his or her principal. File:" RClDublin.OO6 012798 Castrh-5.cln 12 of 16 . . ...- -- . . . IN VlITNESS WHEREOF, the Parties have caused this Agreement to be properly executed as of the date hereinabove set forth. DISTRICT: DUBLIN UNIFIED SCHOOL DISTRICT By: 1\+ ~\i ~, \J)jJ, 1/ ~~1JA, Date: March 19, 1998 Title: Superintendent 0 PINNELL & KINGSLEY Title: PROPERTY OWNER: CLYDE CASTERSON ~)/7 _ _/ ../ . 7"' c; Lc., .. c;: L. c- . ...z-.-.::...-' -:' Date: ,,--.:- .,/ ~ l.! By: Title: f\PPROVED AS TO FORM FOR CLYDE CASTERSON /;?---=-- By: ("'~::;:.~ ~~ ~?~~ -- /- Title: File; RClDublin.OO6 01~798 . - DL<trK-5.cln 13 of 16 - CITY OF Du"BLIN APPROVAL . City of Dublin Resolution No. 104-94 requires all developers to enter into mitigation agreements with affected school districts to mitigate impacts on affected school districts required to serve student population generated by new development. Resolution No. 104-94 further states that the City shall be a party to all mitigation agreements for the purposes of assuring uniformity with respect to different property owners and appropriate land use planning. The signature of the Mayor below indicates that the foregoing mitigation agreement satisfies the requirement of Resolution No. 104-94 for a written mitigation agreement with the Dublin Unified School District, if one is required with that District. Guy Houston, Mayor Attest: Kay Keck, City Clerk fit., RCJDublin_OO6 017798 _ Camt:'5.cln 14 of 16 Date: . . . . .:_n AGREEM:ENT FOR THE l\lITIGATION OF DEVELOPM:ENT IMPACTS UPON THE SCHOOL FACILITIES OF DUBLIN UNlFIED SCHOOL DISTRICT Fil<; ._ RClDubhn_OO6:"- n 012798 ~ :. - eas".;:-5.c1n EXHIBIT A PROPERTY DESCRIPTION OF SUBJECT PROPERTY 15 of 16 P2.g: DESCRIPTION Ord:=No. ASD7232 J ;"''1 C:71 C~ ?L~S~~~ON B:;:S:':'WING A7 A POINT ON T:~ =:ASTE..':I.N LINE OF rtANDiD SAN RAMON, DISTANT TAEREON ~C~?~~~Y, 63.S1 C~INS :ROM A POINT IN T:~~ CEh-rER LINE OF T:~ STATE HIGh-~AY, ?C?""'1:;:~y CODNTY :tOAD F:tOM Du'"3LIN TO LI'V=:R"101E, WrlICH .LAST MENTIONED POINT IS D:S7_:"'IT' 78. LINKS SOUTA F:tQM TAE SOu'Th-zAS"GRI..Y CORNER OF SAID RANC..m SAN RAMON; RD..1ENG T:~~!VCE WESTERLY ALONG T:-5:E NORTriERLY 30UNDARY LINE OF TF.AT CERTAIN "UACT OF LAND Cmi"TAIN:NG 800 ACRES DESCRIBED IN T:-3 DEED MADE BY SAMLEL B" 1'I'.ARTIN AND F?.ED:;:::I.: CK KAPP, .Jli" TO F:rl.EIDERI CH SC":!"WEER, D;'TED DECEMBER 22, 1867 AND RECORDED JCXE 25, 1869, BOOK 42 OF DEEDS, PAGE 264, ~~A COUNTY RECORDS, A DISTANCE OF 33. J. 7 C-ifl...INS; RUNNING TriENCE NOR"!'ERLY ALONG TrlE EJl.5TERLY BOUNDARY LINE OF SAID :?AC OF LAND CONTAINING 800 ACRES, A DISTANCE OF 15,,10 C5AINS; RUNNING Tr.ENCE ~.s~~y AND PAR..:u.LEL WITH: SAID NORT:-:ERLY BOUNDARY LINE OF SAID 800-A<33 'TRACT CF I.,.;;.NiJ, A DIST.;NCE OF 33..17 C-iA:NS, TO SAID EA.S'TERLY LINE OF RANC-iO SAN RA~ON; ;~@ RONNING Tri:::"~C3 SOUTriEP.LY ALONG SAID EA.S~;u,y LIN2 OF RANC-iO SAN RAMON, A D:S~ANCE OF 15,,10 ~~TNS TO TEE POINT OF BEG:NNING" . :::;::NG A PORTION OF SAID RANC-iO SAN RAMON'. ~{C:;:?T!NG T:~EREFROM, Tr~.T PORTION Th~?EOF ~~~:CB L:ES WIT:~IN ~n~ LINES OF CO~-rY ~:;'2 NO.. 256 a, ~..LSO !QJOw~ AS T~.sS~~RA RC~..Z>. .~..:..sJ ~CE?7ING T:~EREFROM, '!':-iAT PORTION T:~:;:;:.EC:F Wr.IC~ LES EAST OF ::':S:;: OF COOl?"! it.OAD NO" 2 5 6 8, ALSO KNOWN AS 7,,';SSAUAP.A R.OAD. ~==S7:::?_\i _~.:.so E..'(C2?7:""lG 7:":..Ei\E?RCM, T:-=:'~T POR7ION Tr.E::E:::.? INCLUDED IN T:~E F::::NAL DECREE OF C::;:=:Y.:.~':;TION ~E JULY 2:!-, 1947, BY TEE DNI7EJ ST.A7ES DIS~ICT COURT, NORT:-;~?...~ =:S::;'ICT OF CALI?O?_'n.~, SOUTEE?.N DIVISION, I..""'- T:--IAT CER'!.~IN ACTION NO" 22352-:t ~:;-:::::'2::>, "mETED. STATE. OF _A"1~~ICA, PL.AIN7IF? VS_ 3396 ACRES OF LAND ADA c.=:>!~:'"T , 27 :;:s... -, DE?3NDA..'ITS", A CERTIFIED C:::?Y OF Wr.I c.q WAS iZZCORDED AUGUST 1, ::.; ~, ~-;P .300K 5132 j P.21G::: 1, .~.1A~EDA CO~7Y ?~2CDRDS I D::SCR~2D ~..s FOLLOWS: . 3:;::;:NNI,NG A7 T".dE _INTER.SECTION OF 7:-::;: ~~STE?~ 1IN3 OF COUNTY ROJl.D NO_ 2258, :=-lOw"N ,_:..s ::'~..55;WA..:;_-; ~O}'W, WZ7d T:~:=: NORT:~?-~ LIN::: 0= ..:.HE aDO-ACRE ~:;CT OF LAND ::;:S~~:3EJ IN T:~EDEED BY S~_~u==L B" MARTIN ~~~ ??~DERICK ~~P, JR. TO FREIDE;:.IC~ 3=~~E~, DA~ED DEC~~ER 22, 1867 ;_~ RECO?~E~ JUNE 25, 1869, IN 300K 42 OF ::;::;:::5, ?AG2 264, "Z,D_"1EDA COUNTY RECOP.DS; R'G;-:.ING T:~ENCE ALONG SAID LINE OF 7~33_~_~~ RO:;~, N. DC 40' E_, 313_15 FEET TO ~-3 LoNE OF T:~~ 363o_1222-AC?2 TRACT CF ~~~D DESC?:3~ IN T:~E AM~DE~ DECREE ~.DE ~UNE 4, 1945, FROM T:-3 DISTRIC7 C:~7 OF T:~E 'U'NI'!'ED STATES IN AND FOR T:-;=: NC?::~RN DIS~IC'! OF CALIFORNIA, S:~~:;:~~ DrvISION, CZ,~E NO. 22352-R, UNI7~~ S7ATZS OF A~ERIC;, PLAINT~FF, VS ~~~; A~~S OF ~iJ, ETC., DEF2NDAb~S, A CE~~:?=ED COpy w~~EREON W;S RECORDE= ~UNE a, ~?';'5, 3CO:: 4722, PAGE 14, }I~~.:.DA COUN7Y ?ECORDS, AT T:~3 :::;..sT2RN EX':'REMI':'Y OF =~ COG?S:;: S~CWN 7:~ERE:N ~..s S. B8c E., 11~~.25 FEE7; r~:;:NCE ALONG =~E LINE OF s;.~:) 3635.2.222 AGE OF TR.:;CT OF L':UIIiJ, N. 550 5;' w., l:!.~1.25 FEE:' TO '!':!:E E;..57ERN :'::2-0~ 5;'_=:) BOO-AGE:mCT OF ~'D; T:-;~NCE ;'~ONG T:~ LAS:' M-=:~-rIONED LIN2, S_ 00 3:- .~., 3~9.73 FEET TO SAID NORT:~E?~ LINE OF --~ BOO-ACRE ~;CT OF ~\iD; ~~ ::~~;CE ;~CNG =~E L?S7 MEN7:0NED LINE, S. 890 :3' _, 1191_20 FEET TO T:~E PO!~--;: OF ;E::::~~::"~G . .~3SES5w..~- S.?_~.:1.CEL NO. 986-0002-003 -. e. - r I ml .I I I ~ ! 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E-i ~ I ~: t:-~ ..;- , Ii ~. i; fJ"T '" :;: ~ . ;1 ~ ,L '" ,I k - 'I ; II' II r~ Ii ::;; '(I ~ I. fi' Ii [I ' r- I" I" I. .i 1 ' :c <> -... ~:! ! i ..- ~ -.. ~ ~., ~m . = -~ ; ::..:.' . I i;1 "'J E I ~"I; III I tl " f'.J" ?; 'I · .. -:s:! := ., ~ ~~ 1~ I ~ 1 r ~= ~. i ~ - ,,- 11' ...... . I ., rt-~ ;;j 1- !.l -'if ~ l r.-~ ... ~_.II - ~ 1.- . -I - ! :< ... AGREEl\1ENT FOR THE MITIGATION OF DEVELOPME1\'T IMPACTS UPON THE SCHOOL FACILITIES OF DUBLIN U1\TJFIED SCHOOL DISTRICT EXIllBIT B . MITIGATION FEE SCHEDULE (April, 1997) Unit Type School Mitigation Amount Simde Familv/Low Densitv: $10,866. DO/unit . Single family detached units on lots 4,000 square feet or greater in size. Medium Density: $5,873. DO/unit . Single family detached units on lots less than 4,000 square feet in size, or attached units with a gross density greater than 6 units to the acre and less than or equal to 14 units to the acre. . - Medium Hi!!h Densitv: $3,324.00/unit . . Attached units with a gross density greater than 14 units to the acre and less than or equal to 25 unitstQ the acre. Hi!!h Densitv: $2,745.00/unit . Attached units witha gross density greater than 25 units to the acre. Commercial/Industrial: $O.30/square foot NOTE: Both the Residential School Mitigation Amounts and the Commercial!Industrial School Mitigation Amount are subject to modification in accordance with Paragraph 2 of the Agreement. The Residential School Mitigation Amounts set forth above include the statutory school fees set forth in Government Code Sections 53080 and 65995. The Conunercia1fIndustrial School Mitigation Amount represents the statutory school fee partially adjusted for inflation and shall be applied to 'all chargeable covered. and enclosed conunerciallindustrial space as dermed in Government Code Section 65945(b)(2).. --. . File: RClDublilLOO6 'OI:!798' . CMrrK.5.cln 16 of 16