HomeMy WebLinkAboutItem 6.8 Dublin Ranch Dev Agreement (2)
"
CITY CLERK
File # D[U2)[Q]0J-~[Q]
.
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 4, 1999
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
1ffiY
. FINANCIAL STATEMENT:
DESCRIPTION:
Dublin Ranch "Area A", "Areas B - E, F, G, & H" Development
Agreement P A 96-038 (Area A), P A 96-039 (Area B-E), P A 98-068
(Area F), P A 98-069 (Area G), & P A 98-070 (Area H)
(Report Prepared by: Eddie Peabody, Jr., Community Development
Director)
I. Development Agreement for the Dublin Ranch Project, Areas A
through H.
2. Ordinance adopting Development Agreement for Dublin Ranch
Areas A through H.
I. Open Public Hearing
2. Receive Staff presentation and receive public testimony.
3. Question Staff and the public
4. Close Public Hearing and deliberate.
5. Waive reading and introduce Ordinance _-99 (Attachment 2)
approving the Development Agreement.
All required public improvements for this area has been guaranteed
by the Developer. Certain major improvements will be
accomplished through the use of an Assessment District and the rest
through the normal required conditions on future entitlements, and
subsequent required development agreements. In addition to
required Eastern Dublin development agreement conditions, the City
will receive an additional 7.5 acres of community park to address the
City's existing park deficiencies, a two million-dollar contribution
for the future library and maintenance funding for major storm drain
facilities.
An ordinance approving a development agreement between the City
of Dublin and the Lin Family. The development agreement is a
"master" development agreement for most of the Lin Family
holdings in Eastern Dublin. Items included in the Development
Agreement include, but are not limited to, the financing and timing
of infrastructure; payment of traffic, noise and public facilities
impact fees; oversizing of roads and general provisions.
-------------------------------------------------------------------------------------------------------------
.
COPIES TO:
Lin Family
Ted Fairfield
P A File
ITEMNO.~
public facilities impact fees; oversizing of roads and general.. .
provisions.
BACKGROUND:
The Dublin Ranch project is located generally along the east side of Tassajara Road, north ofl-S80 and .
west of Fallon Road, in the area depicted on the attached map (the "Property"). The Dublin Ranch project
includes Areas A-H. It does not include Phase I of Dublin Ranch which is being developed by other
developers and was the subject of a development agreement which the Planning Commission considered
at its March 23, 1999 meeting.
The project area is within the Eastern Dublin Specific Plan Area. The Specific Plan, adopted by the City
of Dublin in November 1993, established land use designations for approximately 3,300 acres ofland east
of the Camp Parks military reserve. The Property was given a land use designation in the Specific Plan of
residential, commercial, campus office, and open space.
Procedural Background:
The Eastern Dublin Specific Plan requires a development agreement for all projects within the Specific
Plan area. The Specific Plan development agreements are typically entered into immediately following
approval oftentative maps or site development review for non-residential projects. The City is best able
to determine at that time what provisions need to be included in the development agreement in order for
the Council to find that the project is consistent with the Specific Plan, including Specific Plan goals that
new development pay for the cost of needed infrastructure and services.
The proposed development agreement with the Un Family is being considered in advance of the time .
when a development agreement would be required under the Specific Plan. It is, rather, a "master"
development agreement covering most of the Lin Family land in Eastern Dublin.
The property subject to the development agreement includes 1,119 acres. It is currently accessible only
from Tassajara Road and Fallon Road (which does not yet extend through to Tassajara Road).
Development of the property will require construction of major infrastructure, including roads, freeway
interchanges, water, sewer and storm drainage. The Un's estimate that the total cost of providing the
backbone infrastructure is approximately $200 million. This includes impact fees imposed by the City for
roads and freeway interchanges and connection fees imposed by DSRSD and Zone 7 for water and sewer,
along with the cost for roads and utilities not financed through the fee structure (completion of frontage
portion of arterial streets; construction of collector streets with utilities; costs of assessment district
fmancing). The estimate of $200 million does not include School Mitigation Fees, Public Facilities Fees,
Fire Impact Fees, or in-tract streets and utilities.
The "master" development agreement will provide assurance to the developer of the right to develop
according to the existing land uses and approvals. This assurance enables the developer to raise and/or
spend the money necessary to construct or fund the infrastructure. In a project of this magnitude, it is not
unexpected for a developer to request a development agreement to provide the assurances needed to
fmance the infrastructure; it is also not unusual for assessment district financing to be used for some
portion of the infrastructure costs. In the case of Dublin Ranch, the Lin's are proposing to finance a
portion of the total cost through an assessment district.
.
The process for approving a development agreement requires a public hearing before the Planning
Commission and adoption by the Commission of a resolution recommending approval to the City
-A-
COll.Tlcil. The Council is required to approve the development agreement by ordinance, which requires
,
two puolic hearings before the City Council. The development agreement cannot be signed until the
ordinance becomes effective, which is 30 days following the date it is adopted.
. DEVELOPMENT AGREEMENT: .
The proposed master development agreement with the Lin Family is attached (Attachment 1). Following
is a summary of its provisions.
1. Area Covered: Land Use Approvals. The agreement covers a total of 1,119 acres. Areas A-E have
received the following land use approvals: general plan and specific plan designation, and PD district
rezoning, including a land use and development plan. Area A has been approved for 573 single family
homes and a golf course. Areas B-E have been approved for 1,875 residential units (single family and
multi-family) and 85.8 acres of commercial uses. A large community park is located partially within
Areas B-E.
Areas F, G, and H have received the following land use approvals: general plan and specific plan
designation. Rather than apply for PD district rezoning pursuant to the approved general plan and
specific plan designations, the applicant has applied for a general plan and specific plan amendment to
redesignate certain of the land uses and a PD district rezoning for Areas F, G, and H. These proposed
land uses are not covered by this Development Agreement.
A map showing the areas covered by the development agreement is attached to the agreement as
Exhibit A-I and A-2.
.2.
Ri2:ht to Develop Will be Vested. The development agreement would vest the developer's right to
develop the property in accordance with the land use approvals for Areas A-E for the term of the
development agreement.
The agreement vests the developer's right to develop the Areas F-H property in accordance with the
existing general plan and specific plan land use designations. However, the agreement recognizes that
the developer has proposed an amendment to the general plan and specific plan land use designations
for the Areas F-H property and a PD rezoning for such property. The agreement therefore specifies
that the City and the developer will either amend this development agreement or enter into a new
development agreement for the purpose of vesting the right to develop the Areas F-H property based
on the new land use designations, once approved.
3. Further Development Agreements Required. As noted above, the Specific Plan requires a
development agreement for each project; they are typically entered into at the time or following
approval of a tentative map. The master development agreement requires the developer to enter into
such development agreements prior to recordation of a final subdivision map or other final land use
approvals. This further development agreement is referred to as a "Specific Plan development
agreement". This provision will assure that the City has the ability to include whatever provisions it
deems necessary to make the required findings of consistency with the Specific Plan in the specific
plan development agreement.
.4.
Impact Fees and Dedications. The Property will be subject to all development impact fees and
dedication requirements that are in effect at the time of approval of tentative subdivision maps or other
future discretionary approvals. All development impact fees that are applicable to the project will be
-3-
paid at the time of issuance of building permits and will be paid in the then current amount ofth~
impact fee.
5. Moratorium. The agreement specifies that the project will not be subject to any building moratorium,
limit on the rate of development or voter approval requirement enacted by the Councilor the
electorate. However, the Council retains the right to declare a moratorium on development due to a
lack of sewer or water capacity or for other reasons amounting to a local emergency under the
Government Code.
.
6. Infrastructure to be Funded ThrouQ:h an Assessment District. The Specific Plan requires new
development to fund the cost of all required infrastructures. To that end, developers are required to
prepare Public Improvement Plans for all infrastructure (roads, sewer, water, drainage and other
utilities) necessary to develop the designated land uses. These plans are to include an infrastructure-
sequencing program to allow orderly development throughout the Specific Plan area. The Specific
Plan indicates that developers may finance the cost of infrastructure through financing mechanisms,
such as fees, assessment districts or Community Facilities Districts. To quantify the obligation for
roads, the City adopted a Traffic Impact Fee (TIF) for Eastern Dublin, although assessment district
financing is a recognized fmancing method.
The Lin's have proposed fmancing approximately $55 million for the condition of the "backbone"
infrastructure through an assessment district. Although most of the infrastructure to be financed
consists of road improvements, some is to provide water and sewer for the Property. The fact that the
development agreement vests the developer's right to develop the property in accordance with the
approvals provides assurance to bond underwriters and purchasers that the land will have the
minimum value required to secure the bonds, assuming it develops. In addition, formation of an
assessment district and issuance of bonds satisfies the developer's obligation to prepare an .
infrastructure sequencing program as to the improvements to be constructed.
The agreement recognizes that the City will place conditions on the formation of the district and
issuance of bonds, to protect the City's interests. It specifies that if an assessment district is not
formed and bonds are not issued, the developer will provide an alternate method of financing the
backbone improvements before approval of the first fmal subdivision map.
7. "Master" Tentative Maps. The Specific Plan contemplates the use of master tentative maps for large
land holdings. In order to assure that all required infrastructure is constructed for the various areas
within the site, the developer will file at least three and no more than seven "master" tentative maps.
Conditions will be included on the "master" tentative maps to assure that all arterial streets required to
provide access to the master map area are guaranteed, that all major infrastructure, including drainage
improvements, to serve the master map area are guaranteed. These provisions are consistent with the
Specific Plan requirement that the developers provide infrastructure sequencing plans to the City.
8. Timing ofProiect The developer is free to construct the project according to its own schedule, subject
to requirements regarding back-bone infrastructure improvements.
9. Landscaping and Open Space. Ownership and maintenance obligations for landscaping and open-
space areas are specified in the agreement.
10. Developer Contribution for Librarv. The developer will contribute $2,000,000 for construction of a
new library. This contribution shall be in addition to the public facilities fees, which the developer
.
-t/-
will,pay for the project. The $2,000,000 payment will be made to the City no later than award of the
, construction contract for the library.
11. Developer Contribution of Park Land. The developer will convey 7.5 acres for community park land
e for which the developer will not receive a credit.
12. Provisions Relating to Community Park. The developer will also convey 44.5 acres of land for the
community park for which the developer will receive a credit. The total 52 acres will be conveyed to
the City in phases, at the time of subdivision maps which include a portion of the proposed
community park, provided the City may request conveyance at an earlier date.
The developer will be entitled to a credit for conveyance of 44.5 acres against the community park
land obligation for residential projects. The use of the credits will be governed by the City's
administrative guidelines for use of public facility fee credits to be adopted by the Council.
The 44.5 acres is an estimate of the community park land dedication requirement for the Areas A-H
properties. If, following approval of tentative maps, the actual obligation for community park land
dedication is less than 44.5 acres; the developer will be entitled to be compensated for the difference.
For example, if the total community park land dedication requirement for the entire project area is 40
acres, the developer will be entitled to be compensated for 4.5 acres. The price the City will pay for
the 4.5 acres will be the then current fair market value but no greater than the land value used in the
then current public facilities fee. This provides some certainty to the City in calculating the fee in
future years. The City has the option of giving the developer a credit for this amount, rather than
payment; the credit could be used by the developer against its community park land dedication
requirement for other residential property in the Eastern Dublin area.
e
The City needs to acquire 68 acres of usable and contiguous land for the community park. The
Specific Plan shows 13 of those acres to the east of the Lin property (on property currently owned by
the Jordan family). The Land Use and Development Plan for Areas B-E shows a 13 acre portion of
the western side of the community park as potentially developable for multi-family uses if the City
makes a determination that the 13 acres are not necessary for the community park. The development
agreement includes a determination that the 13-acre portion of the community park on the westerly
side is not necessary for use as a community park. However, the developer agrees that neither it nor
its successors will develop these 13 acres for any uses inconsistent with park uses until the City has
actually determined that 68 usable and contiguous acres of land are available for the community park.
The agreement contains assurances that the developer will work cooperatively with the City in the
event it is necessary to reconfigure or relocate the community park because the proposed site is not
developable due to federal wetlands or endangered species regulations. If the City needs to
reconfigure or relocate the community park on lands owned by the developer, the City will pay the fair
market value, but no more than the land values in the public facilities fee.
13. Box Culvert for Drainage AlonS?: I-580. The developer will construct a box culvert along the northern
side ofI-580 to channel drainage underground. The box culvert will improve the appearance of the
site from I-580. The developer will pay the City $280,000 which will be used by the City to maintain
the box culvert.
e14. Floor Area Ratio. The agreement confirms that when the City calculates floor area ratios it applies the
specified floor area ratio to a parcel as a whole, regardless of whether a portion of a parcel is not
developable. Thus, a ten-acre parcel with two acres of wetlands is still subject to development at the
-s-
FAR for a ten-acre parcel, assuming all of the requirements of the specific plan and other applicabl~
regulations can be met. I
15. Wallis Property. The Lin Family also owns approximately 183 acres located north of the project,
known as the Wallis property. The agreement reflects the mutual desire of the City and the developer .
that the Wallis property be annexed to the City. The developer agrees it will pay the City all
development impact fees then in effect in the event that development occurs on the Wallis property
prior to annexation as an inducement to develop in the City.
16. Costs for Acquisition ofR-O-W. The construction of back-bone infrastructure through the assessment
district will require the acquisition of right-of-way for Dublin Boulevard, Central Parkway and
Gleason Drive. The developer agrees to pay the City an initial payment of $74,000 to be used by the
City to begin acquisition of the necessary right-of-way. The developer will pay the full cost of such
acquisition including the costs of appraisals, environmental review, legal fees and the actual cost of
the right-of-way. The developer will receive a credit against the traffic impact fee for the monies paid
to City for such acquisition as long as the right-of-way is within the TIF area. The developer will not
be entitled to a credit for any monies used to acquire right-of-way, which is not in the TIF area.
Because there is the possibility of a remnant parcel being created north of Gleason Drive, the
agreement would allow the developer to purchase the remnant parcel. The developer would pay all of
the City's cost of acquisition of the remnant parcel. If the developer chooses not to acquire the
remnant parcel, the City will offer it for sale pursuant to adopted provisions of the Municipal Code,
and will reimburse the developer for the developer's payment to the City to acquire the remnant
parcel.
17. Street Li2:hting. The developer is responsible for street lighting costs in the project area. The property .
will be included within a Landscape and Lighting Assessment District to pay for street lighting. In
addition, to provide further protection for the City, the developer agrees it will record a declaration
against the property to impose a "deed assessment" on the property for the cost of street lighting and
street light maintenance in the event that an assessment is not levied against the property in anyone
year.
18. Miscellaneous Provisions. The agreement contains standard provisions regarding amendment of the
agreement; annual review of the agreement; default; estoppel certificate; protection of mortgagees;
attorneys fees; assignment of rights and obligations; indemnification; and insurance.
19. Term of Agreement. The term of the agreement would be 20 years. Given the cost to provide the
required infrastructure and the time required to build out the project, staff believes that 20 years is an
appropriate term. Moreover, the developer is making substantial contributions ($2,000,000 for the
library, 7.5 acres of community park land, construction of a box culvert for drainage and money to
maintain it) as consideration for the agreement.
Planning Commission Action:
On April 13, 1999, the Planning Commission reviewed the Staff Report for the proposed Development
Agreement and approved Resolution No. 99-17 recommending that the City Council adopt an Ordinance
(attachment 2) accepting a Development Agreement with the Lin Family for Dublin Ranch Project Areas .
A through H.
-t;--
CONCLUSION:
.
Staff recommends the City Council open the Public Hearing, take testimony from Staff and the public,
deliberate, waive the first reading and introduce the Ordinance adopting the "Master" Development
. Agreement with the Lin Family for the Dublin Ranch Project Areas A through H.
.
.
,) .--.
--
.
.
.
City of Dublin
/ f/5'
~
\'\Then Recorded Mail To;
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this line for Recorder's Use
1\1ASTER
DEVELOPMENT AGREE1\1ENT
BETVvEEN THE
CITY OF DUBLIN
AND
THE LIN FAMILY
FOR THE DUBLIN RANCH PROJECT
(Areas A, B, C, D, E, F, G and H)
ATTACHMENT 1
;7. ~. tj.{
TABLE OF CONTENTS
Section I. Description of Property. ................................... 3
Section 2. Interest of Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 3. Relationship of City and Developer. .......................... 4
Section 4. Effective Date and Term. ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4.1 Effective Date. '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4.2 Term.............................................. 4
Section 5. Use of the Areas A-E Propert? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 5.1 Ri~ht to Develop .................................... 4
Section 5.2 Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 6. Use of the Areas F-H Pro!1erty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 6.1 Right to Develop .................................... 5
Section 7. Future Development Agreement(s) Required. ................... 5
Section 8. Applicable Rules. Regulations and Official Policies ............... 6
Section 8.1 Rules re Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 8.2 Rules re Design and Construction of Public Improvements. . . . 6
Section 8.3 Uniform Codes Applicable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 9. :Moratorium Not Applicable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 10. Applicable Fees and Dedications: Time of PaYlnent. .............. 7
Section 11. Subseauentlv Enacted or Revised Fees. Ac>sessments and Taxes. . . . . . 7
. .
Section 11.1 Fees. Exactions. Dedications ...................... 7
Section 11.2 Revised Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 11.3 New Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 11.4 Ac>sessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 11.5 Vote on Future Ac>sessments and Fees . . . . . . . . . . . . . . . 8
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Table of Contents - Page i of iv
March 25, 1999
.
.
.
.
.
.
.3 ~ c;r
Section 12. Ac;sessment District -- Backbone Infrastructure .................. 8
Section 13. !\1aster Tentative !\1aps .................................... 9
Section 14. TImmg................................................ 10
Section 15. Ownership and Maintenance of Parks. Landsca~ling. ami Open Space
.-\Teas ................................................. I 0
Section 16. Librarv Contribution ..................................... II
Section 17. Park Land.
Section 17.1
Section 17.2
Section 17.3
Section 17.4
Section 17.5
Section 17.6
Section 17.7
Section 17.8
Section 17.9
Section 17.10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
Convevance of 44.5 Acres for Communitv Park ...... II
. .
Convevance of 7.5 Acres for Communi tv Park ....... II
. .
Timin~ of Conveyance. . . . . . . . . . . . . . . . . . . . . . . . . . 12
Credit for Convevance . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Possible Compensation for Portion of 44.5 Acres. 12
Illustrative Example . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Pavment of Public Facilities Fee. . . . . . . . . . . . . . 13
Restriction on Development of ] 3 Acres. ........... 13
Possible Reconfiguration or Relocation of Community
Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
"Not to Exceed" Value for Park Acreage ............ 14
Section 18. !\1aintenance Costs for Box Culvert ........... . . . . . . . . . . . . . . . 15
Section 19. Calculation of Floor Area Ratio ............................. 15
Section 20. "Vvallis" Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 21. Storm Drain Master Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 22. Payment of Funds for Acquisition of Right of Vvay for Construction of
"Backbone Infrastructurell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 23. Ri~ht to Purchase Remnant Parcel North of Gleason Drive. ....... 17
Section 24.
Street Li~hting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Table of Contents - Page ii of iv
March 25, 1999
f' ~rr' cf( .
Section 25.1
Section 25. Amendment or Cancellation ............................... 18
.
Section 25.2
Section 25.3
Section 25.4
Section 25.5
Section 25.6
26.
Annual Review
Section 26.1
Section 26.2
Section 26.3
Section 26.4
Modification Because of Conflict \\~th State or Federal
La\\rs ....................................... 18
Amendment by Mutual Consent. . . . . . . . . . . . . . . . .. 18
Insubstantial Amendments ...................... 19
Amendment of Areas A-E Project Approvals ......... 19
Amendment of Areas F-H Project ................. 19
Cancellation bv Mutual Consent. . . . . . . . . . . . . . . . . . 19
. . . . . . ',' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Review Date ................................. 19
I '" f R . ?O
nltIatlOn 0 evlew............................_
Staff Reports .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Costs ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 27. Default................................................ 20
Section 27.1 Other Remedies Available ........ . . . . . . . . . . . . . . . 20
Section 27.2 Notice and Cure .............................. 20
Section 27.3 No Dama~es A~ainst CrTI'" . . . . . . . . . . . . . . . . . . . . . . 21
Section 28. Estoppel Certificate ...................................... 21 .
Section 29. 1\10rt~agee Protection: Certain Rights of Cure . . . . . . . . . . . . . . . . . . 21
Section 29.1 :Mortga~ee Protection .......................... 21
Section 29.2 :Mortga~ee Not Obligated ....................... 21
Section 29.3 Notice of Default to Mortga~ee and E:Ai.ension of Right to
Cure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 30. Severability ............................................ 22
Section 31. Attorneys' Fees and Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 32. Transfers and Ac;signments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 32.1 Right to Ac;sign ............................... 23
Section 32.2 Approval and Notice of Sale. Transfer or Ac;signment . . 23
Section 32.3 Effect of Sale. Transfer or Assignment. . . . . . . . . . . . . . 23
Section 32.4 Permitted Transfer. Purchase or Assignment. . . . . . . . . 24
Section 32.5 Termination of Agreement Upon Sale of Individual Lots to
Public. ..................................... 24
.
Dublinl.Alameda Development Agreement
for Dublin Ranch Project
Table of Contents - Page iii of iv
March 25, 1999
ur/
56-Q7
. Section 33. Agreement Runs whh the Land ............................. 24
Section 34. Bankruptcy............................................. 25
Section 35. Indemnification ......................................... 25
Section 36. Insurance
Section 36.1
Section 36.2
Section 36.3
?-
.............................................. _J
Public Liability and Property Dama~e Insurance. . . . . . 25
\fVorkers Compensation Insurance. . . . . . . . . . . . . . . . . 25
Evidence of Insurance .......................... 26
Section 37. Sewer and \fVater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 38. Notices................................................ 26
Section 39. Agreement is Entire Understanding. . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 40. Exhibits ............................................... 27
. Section 41. Counterparts ........................................... 28
Section 42. Recordation ............................................ 28
.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Table of Contents - Page iv of iv
March 25, 1999
/t~ Vi
o u '
THIS DEVELOP1\1ENT AGREEMENT is made and entered in the City of
Dublin on this day of , 1999, by and between the CITY OF
DUBLIN, a 1\1unicipal Corporation (hereafter "City"), and Chang Su-O-Lin (also
known as Jennifer Lin), Hong Lien Lin (also knmvn as Frederic or Frederich Lin) and
Hong Yao Lin (also kno'wn as Kevin Lin), (hereafter "Developer"), pursuant to the
authority of SS 65864 et seq. of the California Government Code and Dublin
:Municipal Code, Chapter 8.56.
.
RECTT ALS
A California Government Code ss 65864 et seq. and Chapter 8.56 of the
Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter into
an Agreement for the development of real property ,vith 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 ,vhich 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 located in the City of Dublin, County of Alameda, State of California,
consisting of the follovving;
1) approximately 815 acres of land (known as Areas A, B, C, D & E) which is
more particularly described in Exhibit A-I attached hereto and incorporated herein by
this reference and which real property is hereafter called the llAreas A-E Propertyll;
and
2) approximately 304 acres of land (known as Areas F, G and H) v{hich is more
particularly described in Exhibit A-2 attached hereto and incorporated herein by this
reference and which real property is hereinafter called the "Areas F-H Property."
E. DEVELOPER proposes the development of the Areas A-E Property with
a combination of office, commercial and residential uses. Area A (approximately 348
acres) includes 571 dwelling units and a golf course; Area B to E (approximately 467
acres) includes 1,875 dwelling units in eleven distinct neighborhoods, 41.2 acres of
.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 1 of 29
March 25, 1999
.
.
.
IJ ~ r;ff
general commercial, 44.6 acres of campus office, a community park and
approximately 32.4 acres of open space (together, the "Areas A-E Project"); and
F. DEVELOPER has applied for, and CITY has approved, various land use
approvals in connection v\lith the development of the Areas A-E Project, including; I)
for Area A a PD District rezoning (Ordinance No. 23-97) and general provisions for
the PD District rezoning including the Land Use and Development Plan (Resolution
No. 139-97); and 2) for Areas B to E a General Plan and Specific Plan Amendment
(Resolution No. 140-97), a PD District rezoning (Ordinance No. 24-97) and general
provisions for the PD District rezoning including the Land Use and Development
Plan (Resolution No. 141-97), (collectively the ".Areas A-E Project Approvals"); and
G. Development of the Areas A-E Property by DEVELOPER is subject to
certain future discretionary approvals including master tentative maps (required by
this Agreement), tentative subdivision maps and site development review; and
H. The approved General Plan land use designations shOY\TI on the Land
Use Map in the General Plan at Figure 1-2B and on the Land Use 1\1ap in the Eastern
Dublin Specific Plan at Figure 4.1 for the Areas F-H Propeny allovi's development
"ith a combination of office, commercial and residential uses; and
1. DEVELOPER has applied for, and CITY has approved, various land use
approvals in connection ,vith the Areas F-H Property including; I) a General Plan
Amendment (Resolution No. 53-93); 2) the Eastern Dublin Specific Plan (Resolution
No. 53-93); and 3) prezoning (Resolution No. 104-94) (collectively the "Areas F-H
Project"); and
J. Development of the Areas F-H Property by DEVELOPER is subject to
certain future discretionary approvals including rezoning required by Resolution No.
104-94, master tentative maps (required by this Agreement), tentative maps and site-
development review; and
K. DEVELOPER has requested a development agreement in advance of the
time ,vhen a development agreement will be required by CITY for the Areas A-E
Property and F-H Property to comply with Chapter 11 of the Eastern Dublin Specific
Plan and CITY has agreed to enter into this agreement on the condition that a
further development agreement or agreements ViTjl1 be required at the time of or
folloviing approval of tentative map(s) as described hereinafter in Section 7; and
Dublin/l\lameda Development Agreement
for Dublin Ranch Project
Page 2 of 29
March 25, 1999
?~'1r.
1. The City Council has found that, among other Lhings, Lhis Development .
Agreement is consistent with its General Plan and the Eastern Dublin Specific Plan
and has been reviewed and evaluated in accordance .with Chapter 8.56; and
M. CITY and DEVELOPER have reached agreement and desire to eA-press
herein a Development Agreement that will facilitate development of the Areas A-E
Project and Areas F-H Project subject to conditions set forth herein; and
N. Pursuant to the California Environmental Quality Act (CEQA) the City
adopted a Negative Declaration ("ND") for the .Areas A-E Project and has found that
the ND is adequate for this Agreement. The City has also found that the Areas F-H
Project is 'within the scope of the Final Environmental Impact Report for the Eastern
Dublin General Plan Amendment and Specific Plan ("EIR") vi'hich ""'as certified by the
Council by Resolution No. 51-93 and the Addenda dated !\1ay 4, 1993, and August
22,I994;and
O. On
Ordinance No.
effect on
, 1999, the City Council of the City of Dublin adopted
approving this Development Agreement. The ordinance took
NO'\-\!, THEREFORE, "vith reference to the foregoing recitals and in .
consideration of the mutual promises, obligations and covenants herein contained,
CITY and DEVELOPER agree as follO'\vs;
AGREEMENT
Section I. Description of Property.
The property .which is the subject of this Development Agreement is
described in Exhibit A-I attached hereto (the "Areas A-E Property") and in Exhibit A-
2, attached hereto (the "Areas F-H Property").
Section 2. Interest of Developer.
The DEVELOPER has a legal or equitable interest in the Areas A-E
Propeny and in the Areas F-H Property in that it O'\\'IlS the Areas A-E Propeny and
the Areas F-H Property in fee simple.
Dublinl.Alameda Development Agreement
for Dublin Ranch Project
Page 3 of 29
March 25, 1999
.
r
.
.
.
'! all f~
Section 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
partners.
Section 4. Effective Date and Term.
Section 4.1 Effective Date. The effective date of this Agreement shall
be the date upon which this Agreement is signed by CITY.
Section 4.2 Tern1. The term of this Development Agreement shall
commence on the effective date and eA'tend tv<,renty (20) years thereafter, unless said
tern1 is othell'iise tern1inated or modified by circumstances set forth in this
Agreement or by a Specific Plan Development Agreement, as defined and described in
Section 7.
Section 5. Use of the Areas A-E Property.
Section 5.1 Right to Develop. Developer shall have the vested right to
develop the ..-\reas A-E Project on the Areas A-E Property in accordance .with the
terms and conditions of this Agreement, the Areas A-E Project Approvals, and any
amendments to any of them as shall, from time to time, be approved pursuant to this
Agreement.
Section 5.2 Permitted Uses. The permitted uses of the Areas A-E
Property, the density and intensity of use, the height, bulk and size of proposed
buildings, general provisions for reservation or dedication of land for public purposes
and general location and maintenance of on-site and off-site improvements, general
location of public utilities (operated by CITY) and other terms and conditions of
development applicable to the Areas A-E Property, shall be those set forth in this
Agreement, the Areas A-E Project Approvals and any amendments to this Agreement
or the Areas A-E Project Approvals.
Dublin/l>J.ameda Development Agreement
for Dublin Ranch Project
Page 4 of 29
March 25, 1999
)If
/D 1f
Section 6. Use of the Areas F-H Property
.
Section 6.1 Right to Develop. DEVELOPER shall have the vested
right to develop the Areas F-H Property in accordance '\vith the land use designations
shown on the Land Use 1\1ap in the General Plan (Figure 1-2B) (Exhibit B hereto)
and Eastern Dublin Specific Plan (Figure 4.1) (Exhibit C hereto), provided that all
required approvals are obtained (including PD Rezoning, I\1aster Tentative 1\1ap(s)
and Tentative Map(s)) and provided further that approval of any units per acre
(residential) and F .A.R per acre (non-residential)over the minimum units per acre
and F.A.R's shown in the General Plan and Specific Plan are not guaranteed by this
agreement but, rather, are dependent on findings of consistency 'with all other policies
of the General Plan and Specific Plan and environmental review. Consistent "V\rith the
EIR, CITY shall consider the midpoint of density ranges shown in the Specific Plan
when re\rie'\\ring any application for required approvals.
Section 6.2 Proposed Revised Land Use Desi~ations. DEVELOPER
intends to process an amendment to the General Plan and Specific Plan land use
designations on the Areas F-H Propeny and to seek zoning/rezoning approval for
such land uses. In conjunction '\\rith CITY approval of a PD District zoning for such
property, CITY and DEVELOPER agree that they \\rill amend this agreement or enter .
into a new development agreement for the purpose of vesting the right to develop the
~-\reas F-H Propeny based on such revised land use designations for a period equal to
the remaining term of this Agreement. Upon the effective date of such amendment
or new development agreement, the right to develop the Areas F-H Propeny as
provided in Section 6.1 shall terminate and shall be replaced by the right to develop
the Areas F-H Property in accordance v.rith the revised land use designations.
Section 7. Future Development Agreement(s) Required.
Notv.rithstanding any other provision of this Development Agreement to
the contrary, DEVELOPER shall not be able to develop the Areas A-E Property or the
Areas F-H Property, or any portions thereof, until it has entered into another
development agreement or agreements v.rith CITY, applicable to the portions of the
.Areas A-E or Areas F-H Property, which DEVELOPER proposes to develop as
required by Chapter 11 of the Eastern Dublin Specific Plan (a "Specific Plan
Development Agreement"). The purpose of the "Specific Plan Development
Agreement" shall be to comply with the requirement of Chapter II and shall not be
for the purpose of impairing any of DEVELOPER's rights hereunder. As used herein,
"develop" shall mean recordation of a final subdivision map (excluding a final
.
Dublin/Alameda Development Agreement
ror Dublin Ranch Project
Page 5 of 29
March 25, 1999
.
.
.
II oQ fig'
"master" map), a final parcel map for a commercial or office use, a final map for
medium, medium high or high density residential uses) or issuance of a conditional
use pemlit, site development review or a building permit.
For the teml of this agreement, this Development Agreement shall
continue in effect as to any portion of the Areas A-E Property or Areas F-H Property
which is subject to a Specific Plan Development Agreement upon the effective date of
such agreement except as modified by specific provisions of a Specific Plan
Development Agreement.
Section 8. Applicable Rules. Regulations and Official Policies.
Section 8.1 Rules re Permitted Uses. Unless othenvise o..-pressly
provided in Paragraph 5 of this Agreement, for the term of this Agreement, the City's
ordinances, resolutions, rules, regulations and official policies governing the permitted
and conditional pernlitted uses of the ..Areas A-E Property, governing density and
intensity of use of the Areas A-E Property and the maximum height, bulk and size of
proposed buildings shall be those in force and effect on the effective date of this
Agreement.
Section 8.2 Rules re Design and Construction of Public Imnrovements.
_ 4
The 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 for the public improvement.
Section 8.3 Uniform Codes AnnlicabJe. Unless o..-pressly provided in
Paragraph 5 of this Agreement, the Areas A-E Project shall be constructed in
accordance 'with the provisions of the City's adopted Uniform Building, Mechanical,
Plumbing, Electrical and Fire Codes and Title 24 of the California Code of
Regulations, relating to Building Standards, in effect at the time of approval of the
appropriate building, grading, or other construction permits for the Areas A-E Project.
Section 9. Moratorium Not Applicable.
Notvvithstanding anything to the contrary contained herein, in the event
act ordinance, resolution or other measure is enacted, \,\7hether by action of CITY, by
initiative, referendum, or otherwise, that imposes a building moratorium, a limit on
the rate of development, or a voter-approval requirement which affects the Areas A-E
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 6 of 29nMarch 25, 1999
j) '~ ~f,
Project or the Areas F-H Project on all or any part of the Areas A-E Property or Areas .
F-H Property, CITY agrees that such ordinance, resolution or other measure shall not
apply to the Areas A-E or A.reas F-H Project, the Areas A-E or .Areas F-H Property,
this Agreement or the Areas A-E Project Approvals unless the building imposed by
CITY as part of a declaration of a local emergency (including a moratorium due to
lack of se\ver or \,\rater capacity) or state of emergency as defined in Government Code
~ 8558.
Section 10. Applicable Fees and Dedications; Time of Payrnent.
The Areas A-E Property shall be subject to those development impact
fees and dedications required by CITY's adopted ordinances, resolutions and policies
.which are in effect at the time of approval of tentative subdh'ision maps.
The Areas F-H Property shall be subject to those development impact
fees and dedications required by CITY's adopted ordinances, resolutions and policies
"which are in effect at the time of approval of future discretionary approvals.
All applicable development impact fees for the A.reas A-E Property and
the .Areas F-H Property will be paid by DEVELOPER at the time of issuance of
building pernuts and in the then-current amount of the impact fee.
.
Section II. Subseouentlv Enacted or Revised Fees. Allsessments and Taxes.
- .
Section 11.1 Fees. Exactions. Dedications. CITY and
DEVELOPER agree that the fees payable and exactions required in connection with
the development of the Areas A-E Project and the Areas F-H Project for purposes of
nutigating environmental and other impacts of the Areas A-E Project and the Areas F-
H Project, providing infrastructure for the Areas A-E Project and the Areas F-H
Project and complying \\'ith the Specific Plan shall be determined at the time of
future discretionary approvals, including tentative subdivision map(s).
Section 11.2 Revised Application Fees. Any existing application,
processing and inspection fees that are revised during the term of this Agreement
shall apply to the Areas A-E Project and Areas F-H Project provided that (1) such fees
have general applicability; and (2) the application of such fees to the Areas A-E
Property is prospective.
.
DublinJ.A1ameda Development Agreement
for Dublin Ranch Projecte
Page 7 of 29
March 25, 1999
.
.
.
;3 ~ C(Z
Section 11.3 New Taxes. Any subsequently enacted city-wide
taxes shall apply to the Areas A-E Project and the Areas F-H Project provided that the
application of such taxes to the Areas A-E Property is prospective.
Section 11.4 A<;sessments. Nothing herein shall be construed to
relieve the Areas A-E Property or Areas F-H 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 Areas A-E Property or Areas F-H
Property.
Section 11.5 Vote on Future J~ssessments and Fees. In the event
that any assessment, fee or charge which is applicable to the Areas A-E and/or Areas
F-H Property is subject to Article xrrrD of the California 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.
Section 12. A<;sessment District -- Backbone Infrastructure.
CITY has entered into this agreement to, among other things, facilitate
DEVELOPER's financing of the construction of certain "backbone infrastructure" to
serve the Areas A-E Property and Areas F-H Property. DEVELOPER's preferred
method of financing "backbone infrastructure II is an assessment district formed
pursuant to the .Assessment District Act of 1913 'with the area to be assessed being a
portion of the Areas A-E Property and Areas F-H Property. In the event the
assessment district is not established and/or bonds are not sold to fund all of the
"backbone infrastructurell, DEVELOPER shall provide an alternate method of
financing the IIbackbone infrastructure II prior to the approval of the first final
subdivision map that creates lots for sale or lease for the property (Le., subdivision
subsequent to the creation of parcels pursuant to the filing of a Master Final Map), or
the first non-residential building permit in either Areas A-E Property or the Areas F-H
Property.
The "backbone infrastructure" referred to herein is generally described in
Exhibit D and is anticipated to be built in one or more phases. The final list of
improvements to be financed through the .Assessment District will be determined by
the City Council upon formation of the .Assessment District. Some of the IIbackbone
infrastructure" may be constructed by DEVELOPER and acquired by CITY and/or
the Dublin San Ramon Services District ("DSRSDII) through the .Assessment District
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 8 of 29
March 25, 1999
(.
/f ~ yf .
and some of the "backbone infrastructure" will be constructed by CITY or DSRSD .
using .Assessment District funds.
DEVELOPER recognizes that the timing of the fOID1ation of the
assessment district depends on approval of this agreement. DEVELOPER also
recognizes that CITY .will adopt policies establishing conditions for fOID1ation of the
assessment district and issuance of bonds.
Section 13. Master Tentative l'v1aps.
DEVELOPER agrees that it "I'ill file three or more (but not more than
seven) "master" tentative maps for the Areas A-E Property and the Areas F-H
Property, as contemplated in Section 11.2.8 of the Eastern Dublin Specific Plan. For
CITY, the purpose of filing "master" tentative maps is to assure that all arterial streets
and major infrastructure (induding the "backbone infrastructure" and any other
needed infraStructure not listed on Exhibit D) are constructed to serve the entire area
included on the "master" tentative map (the "1\1aster 1\1ap Area"). For DEVELOPER,
there are several purposes for filing .'master" tentative maps; these purposes include
(a) assuring that all arterial streets and major infrastructure are planned to serve the
!\1aster Map Area, (b) to create master parcels virhich may be further subdivided, and
(c) to create master parcels of logical size for purchase by builders/developers for
construction of projects.
.
To effectuate the CITY's purposes, the .'master" tentative maps "\vill be
conditioned to assure the folloVlring; (a) that each parcel may be further subdivided;
(b) that a Specific Plan Development Agreement will be required at the time of
further subdhrision or prior to final map (if no further subdhrision occurs); (c) that
DEVELOPER shall prepare a street alignment study adequate for CITY to use to
establish right-of-way lines for all arterial streets required to provide access to the
Master Map Area to the satisfaction and requirements of CITY's Public Works
Director; (d) that all arterial streets required to provide access to the Master 1\1ap
.Area (including those arterial streets included in the "backbone infrastructure" and
any other arterial streets) are guaranteed to CITY's satisfaction prior to or concurrent
with the final map; (e) that all major infrastructure (including drainage
improvements) required to serve the Master Map Area (including major infrastructure
included in the "backbone infrastructure" and any other such major infrastructure) are
guaranteed to CITY's satisfaction prior or concurrent V1rith the final map; (f) that
drainage improvements are adequate for all upstream development and that
.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 9 of 29
March 25, 1999
.
.
.
/5~%
downstream improvements are adequate assuming that no development were to occur
except in the Master Map Area; and (g) that all utilities required to serve the 1\1aster
.-\rea, including gas, electricity, telephone, cable TV, water and se'wer are master
planned.
Nothing provided herein shall be deemed to restrict CrITs discretion to
impose any other conditions it deems appropriate on a "master" tentative map.
Section 14. Timing
'\lith the exception of the "backbone infrastructure improvements" described
in Section 12 and the "1\1aster" tentative maps described in Section 13, this
Agreement contains no requirements that DEVELOPER must initiate or complete
development of the Areas A-E Project or the Areas F-H Project ,,,rithin any period of
time set by CITY. It is the intention of this pro,rision that DEVELOPER be able to
develop the .-\reas A-E Property and the Areas F-H Propeny in accordance with its
oym time schedules and the Areas A-E Project Approvals and the Areas F-H Project.
Section 15. Ownership and J\1aintenance of Parks. Landscapin~. and Or en
Space Areas.
Ownership and maintenance of parks, landscaping and open space areas
in the .l~.reas A-E Property and the Areas F-H Property shall be as follows;
OWNERSHIP I 1\WNTENANCE
I Parks Public !City City
Stream Corridor Open Space Areas Home O\vners Zone 7-EBRPD* or
Association ("H OA") Community HOA
I Stream Corridor Trails I EBRPDIHOA Zone 7-EBRPD* or HOA
Other Trails EBRPDIHOA EBRPD or HOA
Trails along anerials CitylH OA * * City (pavement only);
HOA (landscaping)
Right-of-\Vay Landscaping- City City
Arterials/Medians
Right-of- \\T ay Landscaping (curb to ROW City HOA
line)
Dublinl}uameda Development Agreement
ror Dublli, Ranch Project
Page 10 of 29
March 25, 1999
--
J;:. .
.
Ib ~. Yt,
Right-of-\Vay Landscaping - internal public
streets
City
HOA
.
Subdivision Community Landscaping Private
Rural ResidentiaVAgricultural Lands Private
* Public easement required
** To be determined at tentative map
HOA
Private
Section 16. Librarv Contribution.
DEVELOPER agrees to contribute Two :Million Dollars ($2,000,000) to
CITY for use by CITY for construction of a new library. DEVELOPER shall not be
entitled to credit against payment of Public Facilities Fees on account of such
contribution. DEVELOPER ,'Vill pay CITY the $2,000,000 60 days following written
notice from CITY but no sooner than the date CITY awards the contract.
Section 17. Park Land.
Section 17.1 Convevance of 44.5 Acres for Communi tv Park. By
. .
grant deed, DEVELOPER shall convey to CITY in fee simple and free of any
assessments for "backbone infrastructure" 44.5 acres of land for the community park
shown on Figure 4.1 in the Eastern Dublin Specific Plan which is located adjacent to
and west of Fallon Road ("Community Park"). The exact location of the land to be
conveyed shall be determined by CITY. DEVELOPER shall provide City with
evidence that the land to be conveyed and underlying groundv~'ater are free of
hazardous substances. DEVELOPER shall be entitled to a credit for conveyance of
such 44.5 acres as of the Effective Date.
.
Section 17.2 Conveyance of 7.5 Acres for Community Park. By
grant deed, DEVELOPER shall convey to CITY in fee simple and free of any
assessments for "backbone infrastructure II an additional 7.5 acres of land for the
community park shown on Figure 4.1 in the Eastern Dublin Specific Plan which is
located adjacent to and west of Fallon Road ("Community Park"), for a total of 52
acres. The exact location of the 7.5 acres of land to be conveyed shall be determined
by CITY. DEVELOPER shall provide City vvith evidence that the land to be
conveyed and underlying groundwater are free of hazardous substances.
DEVELOPER shall receive no credit for conveyance of such 7.5 acres, which property
shall be used by CITY to reduce the current 3.3 acre deficiency in total community
park acreage City-'wide and to reduce the need for joint use by CITY and the Dublin
Unified School District of school/park lands.
Dublinl.Alameda Development Agreement
for Dublin Ranch Project
Page 11 of 29
March 25, 1999
.
Ii) ~ ;/%
.
Section 17.3 Timin~ of Conveyance. The total 52 acres shall be
conveyed to CITY in phases. The first conveyance shall occur ,\Then DEVELOPER
records the first final subdivision map which includes all or a portion of an existing
parcel of land which includes land which ,\Till become part of the community park.
Additional conveyances shall occur when DEVELOPER records subsequent final
subdivision maps which include portions of existing parcels of land which include
land which "ill become part of the community park. Notwithstanding the foregoing,
conveyances may occur at such earlier date(s)designated by CITY 60 days in advance
in '\Titing.
Section 17.4 Credit for Conveyance. DEVELOPER may use its
credit for conveyance of 44.5 acres to satisfy its obligation under Dublin 1\1unicipal
Code Chapter 9.28 (City's "Quimby Act" ordinance) for community park land for any
residential project on the Areas A-E Property or the Areas F-H Propeny. All other
aspects of use of the credit shall be as provided in CITY's administrative guidelines
goven1ing use of credits against payment of the Public Facilities Fee.
DEVELOPER may request, and CITY "ill consider, use of such credits
for non-residential projects.
. Section 17.5 Possible Compensation for Portion of 44.5 Acres. In
the event that the total "Quimby Act" dedication requirement for the Areas A-E
Property and ..Areas F-H Property is less than 44.5 acres and provided there are
sufficient Public Facilities Fee monies for the Community Park Land "component" of
the Fee available, CITY shall compensate DEVELOPER for the difference between
the "Quimby Act" ordinance dedication requirement and 44.5 acres ("the
Difference"). In such event, DEVELOPER agrees that CITY ,,,rill pay DEVELOPER
for the "Difference" at the then-current "fair market value (based on DEVELOPER's
estimation)," provided in no event shall the "fair market value" exceed the land value
used by CITY in calculating its then-current Public Facilities Fee. The payment to
DEVELOPER shall occur upon approval of the last map for a residential project,
which is the time when the entire "Quimby Act" dedication requirement for all of the
Areas A-E and Areas F-H Properties will be knmvn and the Difference can be
calculated, provided that if there are insufficient Public Facilities Fee monies at such
time, the amount of the payment shall become a right to reimbursement, to be paid
pursuant to adopted guidelines from Fee monies only. As used in this Section 17,
"then current" means the date of an agreement to purchase or the "valuation date", as
defined in the Eminent Domain Law.
.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 12 of 29
March 25, 1999
/r cr( Iff.
As an alternative to payment to DEVELOPER, CITY may at its option .
grant DEVELOPER a credit in the amount of the Difference, "which credit may be
used by DEVELOPER against its dedication requirement under the "Quimby Act" for
Community Park Land on other residential property which DEVELOPER proposes to
develop. All aspects of the use of any such credit shall be governed by guidelines to
be adopted by CITY regarding credits and reimbursement for Public Facilities Fees.
Section 17.6 Illustrative Example. The following example
illustrates the provisions of Section 17.5;
Assume that the "Quimby Act" dedication requirement for all of the
A..reas A-E Property and Areas F-H Property is 30 acres.
DEVELOPER conveys 52 acres and receives a credit for 44.5 acres.
DEVELOPER's "Quimby Act" dedication requirement of 30 acres is subtracted from
44.5 acres for a total of 14.5 acres for 'which CITY must compensate DEVELOPER.
At the time of the conveyance (last final map), the "fair market value"
of the 14.5 acres (based on DEVELOPER's estimation) is $400,000 an acre and the
land value used by CITI in its then-current Pu~lic Facilities Fee is $375,000 an acre. .
CITY shall pay DEVELOPER the sum of $5,437,500 (14.5 x $375,000).
.l\lternatively, if the "fair market value" (based on DEVELOPER's estimation) is
$350,000 an acre, CITY shall pay DEVELOPER $5,075,000.
Section 17.7 Pavment of Public Facilities Fee. In the event
that the total 11 Quimby Act" dedication requirement for the lueas A-E Property and
A..reas F-H Property is more than 44.5 acres, DEVELOPER shall comply with the
Quimby Act Ordinance by dedicating additional land or paying fees.
DEVELOPER v'\rill pay all other components of CITY's Public
Facilities Fee for residential development and shall pay the Fee in full for non-
residential development.
Section 17.8 Restriction on Development of 13 Acres. CITY
agrees that the 13-acre portion of the Community Park illustrated on the Land Use
and Development Plan/District Planned Development Plan for Areas B-E V\rith a "***"
shall not be necessary for use as part of the Community Park. CITY and
DEVELOPER agree that neither DEVELOPER nor its successors in interest V\rill
develop the 13 acres for any uses inconsistent \\rith park uses until CITY has made a
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 13 of29
March 25, 1999
.
.
.
.
If if rf
determination that 68 usable and contiguous acres of land (including lands ovmed by
persons other than DEVELOPER) are available for the Community Park. CIIT "ill
make its determination vvithin six months of the date CITY receives information it
believes is reliable that 68 contiguous acres can be developed as a park v\ithout
interference from other jurisdictions. By its agreement hereto, DEVELOPER agrees
that CITY may deny a proposal to develop the 13 acres or any portion thereof until
CITY has made such determination and DEVELOPER 'will not claim damages as a
result of such denial. "Develop," as used herein, has the same meaning as used in
Section 7.
Section 17.9 Possible Reconfiguration or Relocation of
Communit:r Park. In the event that CITY needs to reconfigure or relocate the
Community Park because all or a portion of the Community Park site is
undevelopable for community park purposes due to federal wetlands or endangered
species regulations or for any other reason related to federal and/or state regulatory
permits, DEVELOPER and CITY agree to ,vork together cooperatively in an attempt
to reconfigure or relocate the Community Park so that CITY is able to provide a 68-
acre usable contiguous community park in the general location of the Community
Park. In such event, CITY ,,,ill attempt to redesignate land uses on the Areas A-E
Property to retain the level of development approved by the PD District rezoning and
Land Use and Development Plan (Ordinance No. 23-97 and Resolution No. 139-97).
If CITY and DEVELOPER are unable to agree on a reconfiguration or relocation of
the Community Park to achieve CITY's need for 68 acres and CITY acquires such
needed acreage through purchase or condemnation, DEVELOPER agrees that the
value of such land shall be the then-current "fair market value," pro\ided in no event
shall the "fair market value" exceed the land value used by CITY in calculating its
L~en-current Public Facilities Fee.
Section 17.10 "Not to Exceed" Value for Park Acreage. In the
event that City is required to acquire any of the Areas A-E and/or Areas F-H Property
for park purposes by agreement or condemnation in excess of the 52 acres for the
Community Park, DEVELOPER agrees that the value of the portion of such property
to be so acquired in excess of the portion which is required to be dedicated under the
Quimby Act Ordinance shall be the then-current "fair market value," prO\ided in no
event shall the "fair market value" exceed the land value used by CITY in calculating
its then-current Public Facilities Fee. This Section 17.10 shall be applicable only to
the acquisition by CITY of property to satisfy the requirements of the Eastern Dublin
General Plan and Specific Plan..
Dublinll'Jameda Development Agreement
for Dublin Ranch Project
Page 14 of 29
March 25, 1999
'// If
lD'~ .
Section 18. J\1aimenance Costs for Box Culvert.
.
DEVELOPER agrees that, subject to approval from regulatory agencies
having jurisdiction, it \\rilI construct a box culvert along the northern side of I-58G
(along the southern boundary of the areas A-E and F-H Property to channel drainage
from the .Areas A-E Property and the ,Areas F-H Property. DEVELOPER further
agrees that it \\rilI make a one-time payment to CITY of $280,000 to be used by
CITY for the maintenance costs of the box culvert no later than the date CIIT
accepts the box culvert improvements.
Section 19. Calculation of Floor Area Ratio.
In calculating the Floor Area Ratio ("F.A.R. ") for development of
indhridual parcels of the .Areas A-E Property and/or the .Areas F-H Property, CITI 'will
use gross acres, before subtracting land to be used for streets and utilities.
The F.A.R.'s specified in the Specific Plan \\rilI be applied by CITY to
individual parcels, regardless of whether a portion of a parcel is not developable
because it is to be used for wetlands or other emrironmental mitigation.
Section 20. "'Vallis" Property.
.
DEVELOPER is the owner of approximately 183 acres, located within
.Alameda County (the ""\Vallis Property"), as sho'wn in Exhibit E. The "\Vallis
Property is not \\rithin the City of Dublin but is "rithin the Eastern Dublin Specific
Plan area and is "rithin CITY's sphere of influence.
It is the mutual desire of CITY and DEVELOPER that the "\Vallis
Property be annexed to CITY prior to development on the "\^l allis Property. Upon
request of DEVELOPER and prO\rided it is legally possible, CITY \\rill initiate an
application to annex the "\Vallis Property to CITY.
In the event that development occurs on the "\Vallis Property while it is
unincorporated, DEVELOPER agrees that it \\rill pay all CITY development impact
fees then in effect and applicable to property in Eastern Dublin to CITY.
Except for the agreement in the preceding paragraph, the Vvallis
Property is not subject to this Agreement
Dublinlll1ameda Development Agreement
for Dublin Ranch Project
Page 15 of 29
March 25, 1999
.
.
.
.
;2/ % rjz:
Section 21. Storm Drain .Master Plan.
DEVELOPER "will prepare a 1\1aster Storm Drainage Study covering all
of the Areas A-E and Areas F-H Properties to the satisfaction and requirements of
CITY's Public VVorks Director. DEVELOPER shall complete the 1\1aster Storm
Drainage Study to the Public \Vorks Director's satisfaction prior to apprO\'al by CInr
of the first "master" tentative map.
Section 22. Pa'vment of Funds for Acouisition of Ri(Tht of "Va" for
. -.....
Construction of "Backbone Infrastructure".
Upon 20 days' 'written notice from CITY, DEVELOPER will pay to
CITY the amount of $74,000 to be used by CITY to acquire any right-of-ivay (and
easements) needed for construction by DEVELOPER of the "backbone
infrastructure". Such right-of-i'.ray includes that necessary for Gleason Drive, Central
Pari.-way and Dublin Bouleyard from the A..reas F-H Property to Tassajara Road.
CITY agrees that it viill use such monies to acquire such right-of-way as eA-peditiously
as possible. The monies i,ill be used by CITY for all eA-penses associated with the
acquisition of such right-of-i'l'ay, including but not limited to legal descriptions,
appraisal fees, title reports, environmental review and documentation, preparation of
all documents for adoption of a resolution of necessity and convenience, court COStS
(including, but not limited to, fees for preparation of transcripts), COStS of litigation,
trial and appeal, including document preparation, eA-pert i'.itness fees and attorney's
fees and costs, the fair market value of the land (as mutually agreed upon or as
detern1ined by the court), and any award made by the court to the defendants
(including but not limited to market value, severance damages, attorneys' fees,
appraisers' fees, eA-pert i'.itness fees, and all other costs [collectively, "Acquisition
Costs"]), .whether or not the eminent domain action results in the acquisition of the
real property sought to be condemned.
I t is anticipated that the total Acquisition Costs will be apprmjmately
S4,276,000. Accordingly, upon written request from CITY and 20 days' notice,
DEVELOPER i'.ill pay to CITY any amounts in addition to the initial payrnent of
S74,000 which CITY determines are necessary to acquire such right-of-i'i'ay.
CITY shall provide DEVELOPER with an accounting of the Acquisition
Costs incurred by CITY on a quarterly basis.
CITY i'iill keep DEVELOPER apprised of any negotiations for
Dublin//'Jameda Development Agreement
for Dublin Ranch Project
Page 16 of 29
March 25, 1999
;2~ ~/r.
acquisition of the right-of-I\'ay and, provided CITY's attorney-client privilege is not .
waived, will provide DEVELOPER the opportunity to participate in negotiations.
Prior to entering into any agreement with the owner(s) of the land to be acquired,
CITY ,~ill consult with DEVELOPER regarding the amount of any proposed payment
and Ivhether settlement or trial is preferable in DEVELOPER's opinion. However,
CITY retains the right to determine the amount of any such payment in its sole
discretion.
DEVELOPER will receive credit against the TIF for monies paid to
CITY pursuant to this subsection used for acquisition of any right-of-way Ivhich is
within the TIF area needed for the Gleason Drive, Central Parkwav and Dublin
-'
Boulevard improvements. The credit shall be in the amount of City's final
"Acquisition Costs" needed to acquire such right-of-Ivay. DEVELOPER shall not be
entitled to a credit for any monies used to acquire right-of-way which is not in the
TIF areas.
The credit shall be granted at the time CITI obtains possession of the
right-of-way in the amount of Acquisition COStS (if possession is acquired by
agreement) or in the amount of CITI's "deposit of probable compensation" (if
possession is acquired by an "order of immediate possession". Additional credits, if
any, will be granted annually based on actual eA-penditures by CITI. .
.Any monies paid by DEVELOPER pursuant to this subsection which are
not needed by CITY to acquire the right-of-Ivay shall be refunded to DEVELOPER
within 90 days' following final judgment of condemnation.
Section 23. Ri~ht to Purchase Remnant Parcel Nonh of Gleason Drive.
In the event that CITY determines it should acquire any portion of the
land north of the proposed eA"tension of Gleason Drive east of Tassajara Road (the
"Remnant Parcel"), as shown on Exhibit F hereto, through purchase or condemnation
for the purpose of avoiding severance damages DEVELOPER agrees to pay to CITY,
upon 30 day's vi'litten notice, the amount(s) requested by CITI for such acquisition,
which shall include all CITY's anticipated costs as described in Section 22 ("Costs of
Remnant Acquisition"). Folloviring acquisition of the Remnant Parcel, CITY agrees to
offer the Remnant Parcel to DEVELOPER for purchase. If accepted, CITY would
convey the Remnant Parcel to DEVELOPER by quit claim deed in exchange for
payment of all of CITY's actual costs to acquire the "Remnant Parcel" as determined
by CITY. If DEVELOPER does not accept the offer to purchase ~rithin 30 days' of
Dublinli\lameda Development Agreement
for Dublin Ranch Project
Page 17 of 29
March 25, 1999
.
.
.
.
;{ 5 C7~ <Ix
written notice, CITY ,vill declare the Remnant Parcel to be surplus and follow the
provisions of Dublin Municipal Code Chapter 2.38 for disposal of the Remnant
Parcel. Upon disposal of the Remnant Parcel, CITY will pay DEVELOPER the
proceeds of the sale (less CITY's administrative costs of conducting the sale) but not
to exceed the Costs of Remnant Acquisition paid by DEVELOPER to CITY.
DEVELOPER's obligations to indemnify, defend and hold CITY hannless pursuant to
Section 35 shall eALend to any claims, costs and liability arising out of CITY's actions
or inactions pursuant to this section.
Section 24.
Street Lighting.
DEVELOPER has asked CITY to form an assessment district pursuant
to the Lighting and Landscaping Act of 1972 to pay for street lighting in order to
satisfy DEVELOPER's obligation to pay for street lighting in the .:\reas A-E Property
and the Areas F-H Property. DEVELOPER will not protest the formation of, or
annexation to, such an assessment district or the levy of an assessment. Funhem10re,
DEVELOPER agrees to record a declaration of covenants, conditions and restrictions
or a similar document against the Areas A-E Property and A.reas F-H Property before
issuance of a Certificate of Occupancy for any structure on either of such properties,
,,-hich declaration will covenant DEVELOPER, on behalf of themselves and their
successors, to pay a "deed assessment" to CITY for the costs of street lighting and
street light maintenance in the event that the assessment for street light costs and
maintenance is not levied against the Areas A-E Property and/or Areas F-H Property,
or any portion of either of them, in any year.
Section 25. Amendment or Cancellation.
Section 25.1 :Modification Because of Conflict v\rith State or
Federal Lav.'s. In the event that state or federallav'\'s or regulations enacted after the
effective date of this Agreement prevent or preclude compliance Virith one or more
prO\risions 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 v'\rith such federal or state law or regulation. Any
such an1endment or suspension of the Agreement shall be approved by the City
Council in accordance v,rith Chapter 8.56.
Section 25.2 Amendment by Mutual Consent. This Agreement
may be amended in writing from time to time by mutual consent of the parties hereto
and in accordance with the procedures of State law and Chapter 8.56.
Dublinl.Alameda Development Agreement
for Dublin Ranch Project
Page 18 of 29
March 25, 1999
----------------
L
,21 ~f y?
Section 25.3 Insubstantial Amendments. Notwithstanding the .
provisions of the preceding paragraph 25.2, any amendments to this Agreement
which do not relate to (a) the term of the Agreement as provided in paragraph 4.2;
(b) the pernlitted uses of the Areas A-E Property as provided in paragraph 5.2; (c)
provisions for "significant" reservation or dedication of land; (d) conditions, ternlS,
restrictions or requirements for subsequent discretionary actions; (e) the density or
intensity of use of the Areas A-E Project; (f) the maximum height or size of proposed
buildings; (g) monetary contributions by DEVELOPER as provided in this
Agreement; or (h) the Areas F-H Property shall not, e..xcept to the e>-'tent otherwise
required by law, require notice or public hearing before either the Planning
Commission or the City Council before the parties may execute an amendment
hereto. CIITs Public VV orks Director shall determine whether a reservation or
dedication is "significant".
Section 25.4 Amendment of Areas A-E Proiect Approvals. ....-\nv
j ........ ,.t
amendment of Areas A-E Project Approvals relating to; (a) the pernlitted use of the
/\reas A-E Property; (b) provision for reservation or dedication ofland; (c) conditions,
temlS, restrictions or requirements for subsequent discretionary actions; (d) the
density or intensity of use; (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. .Any
other amendment of the Areas A-E Project Approvals, or any of them, shall not
require amendment of this Agreement unless the amendment of the Areas A-E Project
Approval(s) relates specifically to some provision of this Agreement.
Section 25.5 Amendment of Areas F-H Project. .Any amendment
of the Areas F-H Project virill require amendment of this agreement or a new
development agreement, as provided in Section 6.2.
Section 25.6 Cancellation bv Mutual Consent. Except as
othen\rise 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 8.56. Any fees paid and/or land dedicated pursuant to this
Agreement prior to the date of cancellation shall be retained by CITY.
Section 26. Annual Review.
Section 26.1 Review Date. The annual re\riew date for this
Agreement shall be July 15, 2000 and each July 15 thereafter.
Dubli.n!Alameda Development Agreement
for Dublin Ranch Project
Page 190f29
March 25, 1999
.
.
.
.
;<5 c( C;?
Section 26.2 Initiation of Review. The CITY's Community
Development Director shall initiate the annual reviev{, as required under Section
8.56.140 of Chapter 8.56, by giving to DEVELOPER thirty (30) days' written notice
that the CITY intends to undertake such review. DEVELOPER shall provide
e\idence to the Community Development Director prior to the hearing on the annual
review, as and \vhen reasonably determined necessary by the Community
Development Director, to demonstrate good faith compliance with the provisions of
the Development Agreement as provided in Government Code ~~65684 et seq. The
burden of proof by substantial evidence of compliance is upon the DEVELOPER.
Section 26.3 Staff Reports. To the eA"tent practical, CITY shall
deposit in the mail and fa..x to DEVELOPER a copy of all staff reports, and related
exhibits concerning contract performance at least five (5) days prior to any annual
reVlew.
Section 26.4 Costs. Costs reasonably incurred by CITY in
connection \~ith the annual review shall be paid by DEVELOPER in accordance vlith
the City"s schedule of fees in effect at the time of review.
Section 27. Default.
Section 27.1 Other Remedies Available. Upon the occurrence of
an event of default, the parries may pursue all other remedies at law or in equity
which are not otherwise provided for in this Agreement or in City's regulations
governing development agreements, eA-pressly including the remedy of specific
performance of this Agreement.
Section 27.2 Notice and Cure. Upon the occurrence of an event
of default by either party, the non defaulting party shall serve written notice of such
default upon the defaulting party. If the default is not cured by the defaulting party
within thirty (30) days after service of such notice of default, the non defaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such thirty
(30) day period, the nondefaulting party shall refrain from any such legal or equitable
action so long as the defaulting party begins to cure such default .within such thirty
(30) day period and diligently pursues such cure to completion. Failure to give notice
shall not constitute a waiver of any default.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 20 of 29
March 25. 1999
;26 '%' y~
Section 27.3 No Damages Against CrTI'". In no event shall
damages be awarded against CITY upon an event of default or upon termination of .
this Agreement.
Section 28. Estoppel Certificate.
Either party may, at any time, and from time to time, request \\TItten
notice from the other party requesting such party to certify in \\TIting that, (a) this
Agreement is in full force and effect and a binding obligation of the parties, (b) this
Agreement has not been amended or modified either orally or in \\TIting, or if so
amended, identifying the amendments, and (c) to the knowledge of the certifying
party the requesting party is not in default in the performance of its obligations under
this Agreement, or if in default, to describe therein the nature and amount of any
such defaults. A party receiving a request hereunder shall execute and return such
certificate within thirty (30) days following the receipt thereof, or such longer period
as may reasonably be agreed to by the parties. City !\1anager of City shall be
authorized to execute any certificate requested by DEVELOPER Should the parry
receiving the request not execute and return such certificate within the applicable
period, this shall not be deemed to be a default.
Section 29. :Mort~a~ee Protection; Certain Ri~hts of Cure.
.
Section 29.1 :Mortga~ee Protection. This Agreement shall be
superior and senior to any lien placed upon the Areas A-E and/or Areas F-H Property,
or any portion thereof after the date of recording this Agreement, including the lien
for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no
breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage
made in good faith and for value, but all the terms and conditions contained in this
Agreement shall be binding upon and effective against any person or entity, including
any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the
A...reas A-E and/or Areas F-H Property, or any portion thereof, by foreclosure, trustee's
sale, deed in lieu of foreclosure, or othervvise.
Section 29.2 Mort~agee Not Obligated. Notwithstanding the
provisions of Section 29.1 above, no Mortgagee shall have any obligation or duty
under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion, or to
pay, perform or provide any fee, dedication, improvements or other exaction or
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 21 of29
March 25, 1999
.
.
.
.
;21
'../ V
~~ 1 {)
,]
imposition; provided, however, that a Mortgagee shall not be entitled to devote the
l<\reas A-E and/or Areas F-H Property to any uses or to construct any improvements
thereon other than those uses or improvements provided for or authorized by the
,Areas A-E Project Approvals or by this Agreement.
Section 29.3 Notice of Default to I\v10rt~agee and EALension of
Right to Cure. If CITY receives notice from a Mortgagee requesting a copy of any
notice of default given DEVELOPER hereunder and specifying the address for senice
thereof, then CITY shall deliver to such Mortgagee, concurrently 'with senTice thereon
to DEVELOPER, any notice given to DEVELOPER "dth respect to any claim by
CITY that DEVELOPER has committed an event of default. Each 1\10rtgagee 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
CIrfs notice. CITY, through its City Manager, may eA"tend the thirty-day cure
period prmTided in paragraph 23.7 for not more than an additional SD.."ty (60) days
upon request of DEVELOPER or a Mortgagee.
Section 30. Severabilitv.
The un enforceability, invalidity or illegality of any provisions, covenant,
condition or teIDl of this Agreement shall not render the other prmTisions
unenforceable, invalid or illegal.
Section 31. Attomevs' Fees and Costs.
If CITY or DEVELOPER initiates any action at law or in equity to
enforce or interpret the teID1S 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 othernTise be entitled. If any person or entity not a parry
to this Agreement initiates an action at law or in equity to challenge the validity of
any pro\Tision of this Agreement, the Areas A-E Project Approvals, the Areas F-H
Project or CITY's actions pursuant to this agreement, the parries shall cooperate in
defending such action. DEVELOPER shall bear its own costs of defense as a real
party in interest in any such action, and shall reimburse CITY for all reasonable court
costs and attorneys' fees e:>..-pended by CITY in defense of any such action or other
proceeding and for any attorney's fees and costs av~'arded to a party to be paid by
CITY.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 22 of 29
March 25, 1999
c:2'5 ~ %
Section 32. Transfers and Ac;signments.
Section 32.1 Right to Ac;sign. It is anticipated that DEVELOPER
will sell, transfer or assign portions of the Property to other developers (each such
other developer is referred to as a "Transferee"). In connection with any such sale,
transfer or assignment to a Transferee, DEVELOPER may sell, transfer or assign to
such Transferee any or all rights, interests and obligations of DEVELOPER arising
hereunder and that pertain to the portion of the Property being sold or transferred, to
such Transferee, provided, huwever, that; a) no such transfer, sale or assignment of
DEVELOPER's rights, interests and obligations hereunder shall occur v\'ithout prior
"Titten notice to CITY and approval by the City Manager (which shall be for the
purpose of assuring CITY that the proposed transferee can perform DEVELOPER's
obligations hereunder), '\vhich approval shall not be unreasonably withheld or
delayed; and b) DEVELOPER may not transfer, sell or assign its obligation to
construct or finance construction of, any of the "backbone infrastructure" described in
Section 12 unless all of the "backbone infrastructure" proposed for assignment is all of
the backbone infrastructure required in conjunction v,ith a master tentative map
pursuant to Section 13..
Section 32.2 Approval and Notice of Sale. Transfer or
Assi~ment. The City Manger shall consider and decide on any transfer, sale or
assignment '\\ithin ten (10) working days after DEVELOPER's notice, provided all
necessary documents, certifications and other information shO'\\ing the proposed
transferee can perform DEVELOPER's obligations are first prmided to the City
1\1anager. Notice of any such approved sale, transfer or assignment (which includes a
description of all rights, interests and obligations that have been transferred and those
which have been retained by DEVELOPER) shall be recorded in the official records
of Alameda County, in a form acceptable to the City Manager, concurrently'\\ith
such sale, transfer or assignment.
Section 32.3 Effect of Sale. Transfer or Ac;signment.
DEVELOPER shall be released from any obligations hereunder sold, transferred or
assigned to a Transferee pursuant to subparagraph 32.1 of this Agreement, provided
that: a) such sale, transfer or assignment has been approved by the City Manager
pursuant to subparagraph 32.1 of this Agreement; and b) such obligations are
eA.-pressly assumed by Transferee; provided further in no event shall DEVELOPER be
released from its obligation to construct or finance construction of, any of the
"backbone infrastructure" described in Section 12 unless all of the "backbone
infrastructure" proposed for assignment is all of the backbone infrastructure required
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 23 of 29
March 25, 1999
.
.
.
i.
,29 ~ ygr
.
in conjunction ,vith a master tentative map pursuant to Section 13; and provided
further that Transferee shall be subject to all the provisions hereof and shall provide
all necessary documents, certifications and other necessary information prior to City
.Manager approval pursuant to subparagraph 32.1 of this Agreement.
Section 32.4 Permitted Transfer. Purchase or A<;signment. The
sale or other transfer of any interest in the Property to a purchaser ("Purchaser")
pursuant to the exercise of any right or remedy under a deed of trust encumbering
DEVELOPER'S interest in the Property shall not require City Manager approval
pursuant to the provision of paragraph 32.1. Any subsequent transfer, sale or
assignment by the Purchaser to a subsequent transferee, purchaser, or assignee shall
be subject to the provisions of paragraph 32.1.
.
Section 32.5 Termination of A~eement Upon Sale of Individual
Lots to Public. Notwithstanding any provisions of this Agreement to the contrary,
the burdens of this Agreement shall terminate as to any lot which has been finally
subdivided and individually (Le. only one dwelling unit is anticipated to be
constructed on such lot) leased or sold (i.e. not in "bulk") to a custom homebuilder or
person intending to construct his or her 0'i'\'I1 home on such lot; provided, however,
that; a) the benefits of this Agreement shall continue to run as to any such lot until
occupancy of the building to be constructed thereon; and b) the D EVELO PER's
obligation to construct the "backbone infrastructure" shall continue until the such
infrastructure has been completed and accepted by the CITY.
Section 33. A~eement Runs "with the Land.
All of the provisions, rights, terms, covenants, and obligations contained in this
Agreement shall be binding upon the parties and their respective heirs, successors and
assignees, representatives, lessees, and all other persons acquiring the Areas A-E
Propeny or Areas F-H Property, or any portion thereof, or any interest therein,
whether by operation of law or in any manner whatsoever. JAll 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 Areas A-E Property or Areas F-H
Propeny hereunder, or "with respect to any o\\'I1ed propeny, (a) is for the benefit of
such properties and is a burden upon such properties, (b) runs with such properties,
and (c) is binding upon each party and each successive O\\'I1er during its ownership of
such properties or any portion thereof, and shall be a benefit to and a burden upon
.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 24 of 29
March 25. 1999
yo ' ~7f yf
each party and its property hereunder and each other person succeeding to an interest .
in such properties.
Section 34. Bankruptcy.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
Section 35. Indemnification.
DEVELOPER agrees to indemnify, defend and hold harmless CITY, and
its elected and appointed councils, boards, commissions, officers, agents, employees,
and representatives from any and all claims, costs (including legal fees and costs) and
liability for any personal injury or property damage which may arise directly or
indirectly as a result of any actions or inactions by the DEVELOPER, or any actions
or inactions of DEVELOPER's contractors, subcontractors, agents, or employees in
connection Vi,rith the construction, improvement, operation, or maintenance of the
Areas A-E and/or the Areas F-H Project, provided that DEVELOPER shall have no
indemnification obligation "rith respect to negligence or wrongful conduct of CIIT,
its contractors, subcontractors, agents or employees or "rith respect to the .
maintenance, use or condition of any improvement after the time it has been
dedicated to and accepted by the CITY or another public entity (except as provided
in an improvement agreement or maintenance bond).
Section 36. Insurance.
Section 36.1 Public Liability and Property Damage Insurance. At
all times that DEVELOPER is constructing any improvements that "rill become
public improvements, DEVELOPER shall maintain in effect a policy of
comprehensive general liability insurance Vlrith 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.
Section 36.2 Workers Compensation Insurance. At all times that
DEVELOPER is constructing .any improvements that will become public
improvements DEVELOPER shall maintain Worker's Compensation insurance for all
persons employed by DEVELOPER for work at the Areas A-E and/or Areas F-H
.
Dublin! Alameda Development Agreement
for Dublin Ranch Project
Page 25 of 29
March 25,1999
.
.
.
:)/ ~ vt:'
Project site or for work performed pursuant to this Agreement. 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.
Section 36.3 Evidence of Insurance. Prior to commencement of
construction of any improvements v.rhich v'I'ill become public improvements,
DEVELOPER shall furnish CITY satisfactory evidence of the insurance required in
Sections 36.1 and 36.2 and evidence that the carrier is required to give the CITY at
least fifteen days prior \vritten notice of the cancellation or reduction in coverage of a
policy. The insurance shall eA1:end to the CITY, its elective and appointive boards,
commissions, officers, agents, employees and representatives and to DEVELOPER
performing ivork on the Areas A-E and/or Areas F-H Property and pursuant to this
Agreement.
Section 37. Sewer and \Vater.
DEVELOPER acknowledges that it must obtain i"rater and sewer permits
from the Dublin San Ramon Services District ("DSRSD") which is another public
agency not within the control of CITY.
Section 38. Notices.
All notices required or provided for under this Agreement shall be in
\vriting. Notices required to be given to CITY shall be addressed as follows;
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as
follows;
The Lin Family
do Ted Fairfield
5510 Sunol Boulevard, Suite B
P.O. Box 1148
Dublin/JUameda Development Agreement
for Dublin Ranch Project
Page 26 of 29
March 25, 1999
1-
3J- &j' . r/~'
PIeasanton, CA 94566
.
with copy to;
Martin VI. Inderbitzen
5510 Sunol Boulevard, Suite A
Pleasanton CA 94566
A party may change address by giving notice in 'vvTiting 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
eA-piration 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 follmving day or
by facsimile transmission ,vhich shall be deemed given upon verification of receipt.
Section 39. Ag-reement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement of
the parties.
.
Section 40. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full;
Exhibit A-I
Legal Description of i\reas A-E Property
Exhibit A-2
Legal Description of Areas F-H Property
Exhibit B
Figure 1-2B (General Plan)
Exhibit C
Figure 4.1 (Specific Plan)
Exhibit D
Backbone Infrastructure
Exhibit E
Description of Wallis Property
Exhibit F
Description of Potenti2J. Remnant Parcel
North of Gleason Drive
.
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Page 27 of 29
March 25, 1999
i
.
.
.
73 4 C;g
Section 41. Counterpans.
This Agreement is executed in three (3) duplicate originals, each of
.which is deemed to be an original.
Section 42. Recordation.
CITY shall record a copy of this Agreement within ten days folIOiving
execution by all parties.
IN 'VITNESS 'VHEREOF, the parties hereto have caused this Agreement to
be executed as of the date and year first above written.
CITY OF DUBLIN;
By; Date;
Guy S. Houston, 1\1ayor
ATTEST;
By; Date;
Kay Keck, City Clerk
Approved as to Form;
Elizabeth H. Silver, City Attorney
DEVELOPER;
Date;
Chang Su-O-Lin
(also knmvn as Jennifer Lin)
Dublin/.Alameda Development Agreement
for Dublin Ranch Project
Page 28 of 29
March 25, 1999
t "
Hong Lien Lin
(also lmown as Frederich or Frederic Lin)
Hong Yao Lin
(also lmmvn as Kevin Lin)
Approved as to Fonn;
1\ 1 arty Inderbitzen
Attorney for Lin Family
EHS:rja
J :\WPDWl.."-1tSvV\114\1 03\A.GREE\DEV-AGR.325
Dublin/Alameda Development Agreement
for Dublin Ranch Project
Date;
Date;
~f'~~
Page 29 of 29
March 25, 1999
.
.
.
? c:O' </~
.
State of California )
) ss.
County of Alameda )
On
personally appeared
personally knmvn to me (or proved to me on the basis of satisfactory evidence)
before me, a Notarj Public,
.
to be the person(s) whose name(s) is/are subscribed to the "i'\rithin instrument and
acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
VVITNESS my hand and official seal.
NOTARY PUBLIC
.
EXHIBIT "A-I"
PAGEIOF3
5b L15 )' zj
16934- 20
2/19/99'
F. c.r.
DESCRIPTIO~ OF "AREAS A THROUGH E PROPERTY" OF DEVELOPMENT AGREEMENT
PARCEL 1
BEING ALL OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "RESULTANT REMAINDER NO. }" OF LOT LINE
lillJUSTMENT "L-98-03". AS RECORDED ON THE 23RD DAY OF OCTOBER. 1998 IN SERIES NO. 98-371712.
.~AMEDA COU1\'TY RECORDS, FOR PURPOSES OF A DEVELOPMENT AGREEMENT, ~'AREAS A THROUGH E
PROPERTY" - PARCEL 1 (PORTION TO BE DEVELOPED). LYING AND BEING IN THE CITY OF DUBLIN. COUNTY OF
.~AMEDA, ST ATE OF C.AJ.IFORNIA.
.
PORTIO~S OF ASSESSOR'S PARCEL NUMBERS: 985-0002-003-02 AND 985-0003-003-04.
E!\"D OF DESCRIPTION - PARCEL 1
.
PARCEL 2
BEING ALLOFTHATCERTALN PARCEL OF LAND KNOWN AS: "DESIG^~A.TED REM.4INDERAREA NO.2" OF THAT
CERTAIN FINAL MAP EhlITLED: "TRACT 6925". AS RECORDED ON THE 16m DAY OF JULY. 199.8 IN BOOK 241 OF
MAPS AT PAGES 39 TO 52. ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A DEVELOPMENT AGREEMEI\'T,
"AREAS A THROUGH E PROPERTY" - PARCEL 2 (PORTION TO BE DEVELOPED). LYING Al\TD BEING IN THE CITY
OF DLJBLLN, COUkTY OF .AJ..-\MEDA. STATE OF C.AJ.IFORNIA.
PORTIO~ OF ASSESSOR'S PARCEL NUMBER: 985-0003-003-08.
E!\"D OF DESCRIPTION - P.4.RCEL 2
.
PARCEL 3
.
BEING ALL OF THAT CERTAIN P.A..RCEL OF L.tV\TD KNOWN AS: "DESIGX4TED REMAINDER AREA NO. 3"
[CONSISTING OF 4-LEGAL PARCELS: (1) RE: 2658, 1M: 347; (2) RE: 2658, 1M: 353; (3) RE: 2670, 1M: 208; AND A PORTION OF (4)
RE: 2713, 1M: 703) OF THAT CERTAIN FIN.AJ. MAP Eh'TITLED: "TRACT 6925". AS RECORDED ON THE 16m DAY OF
JULY. 1998 IN BOOK 241 OF MAPS AT PAGES 39 TO 52. ALAMEDA COUNTY RECORDS. FOR PURPOSES OF A
DEVELOPMENT AGREEMENT, "AREAS A THROUGH E PROPERTY') - PARCEL 3 (PORTION TO BE DEVELOPED).
L YmG A..l\TD BEING IN THE CITY OF DUBLIN, COUJ\'TY OF ALAMED.-\, STATE OF CALIFORNIA.
AlL OF ASSESSOR'S PARCEL NUMBERS: 985-0007-002-06, 985-0007-002-07, AND 985-0007-002-08;
M'D A PORTION OF ASSESSOR'S PARCEL NUMBER: 985-0007-002-09.
EI\"D OF DESCRIPTION -PARCEL3
.
PARCEL 4
BEING ALL OFTRA..T CERTAIN PARCEL OF LAND KNOWN AS: "DESIGNATED REMAINDER AREA NO.4" OF THAT
CERTAINFIN.AJ.MAP E!\'TITLED: "TRACT 692S", AS RECORDED ON THE 16m DAY OF JULY, 1998 IN BOOK 241 OF
MAPS AT PAGES 39 TO 52, ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A DEVELOPMENT AGREEMENT,
"ARE.4..S A THROUGH E PROPERTY" - PARCEL 4 (pORTION TO BE DEVELOPED), LYING AND BEING IN THE CITY
OF DUBLIN, COlJ},'TY OF ALAMEDA, STAlE OF CALIFORNIA.
M-iD A PORTION OF ASSESSOR'S PARCEL NUMBERS: 985-0006-007 AND 985-0006-008.
E!\"D OF DESCRIPTION -PARCEL4
.
MACKAY & SOMPS
.
P: \IepIs\ 16C:3<1-20\pd-bndy.doc
51"2 FRANKUN DRIVE, surrr: B PLEASAWTON, CA 94585-3355
crZS} 22S-(Hi90
EXHIBIT" A-l"
PAGE20F3
3-J ~ ~
16034-20
2/19/99
ECr.
PARCELS
&ING ALL OF THAT CERTAIN PARCEL OF LAND CONVEYED TO: "CHANG 5U-0 UN, ET AL ", AS RECORDED ON
TIffi 31ST DAY OF JULY, 1985 IN SERrES NO. 85-150494, ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A
DEVELOPMENT AGREEMENT, "AREAS A THROUGH E PROPERTY" - PARCEL S (PORTION TO BE DEVELOPED),
LYING AND BEING IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA.
ALL OF ASSESSOR'S PARCEL NUMBER: 985-0006-001.
E1\1) OF DESCRIPTION - PARCEL S
.
PARCEL 6
BEING ALL OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "LOT I" OF LOT LI1'\'E ADJUSTMENT "L-96-01",
AS RECORDED ON THE 15TH DAY OF t.,,1.A..Y, 1997 IN SERIES NO. 97-122371, ALAMEDA COUNTY RECORDS, FOR
PURPOSES OF A DEVELOPMENT AGREEMENT, "ARR.<\.S A THROUGH E PROPERTY" - PARCEL 6 (PORTION TO
BE DEVELOPED), LYING A1\TD BElNG IN THE CITY OF DUBLIN, COUNTY OF ALA.MEDA, STATE OF CALIFORNIA.
ALL OF ASSESSOR'S PARCEL NUMBERS: 985-0002-003-01.
E1\1) OF DESCRIPTION - PARCEL 6
.
PA.RCEL 7
BEING ALL OF THAT CERTluN PARCEL OF LAl\TD DESCRIBED IN: "EXHIBIT 'A-2'" OF BOUl\TDARY ADJUSTMENT
"BA 91-25", AS RECORDED ON THE 19TH DAY OF NOVEMBER, 1992 IN SERIES NO. 92-376221, .ALAMEDA COUl\rrY
.~CORDS, FOR PURPOSES OF A DEVELOPMENT AGREEMENT, "AREAS A THROUGH E PROPERTY" - PA.RCEL
PORTION TO BE DEVELOPED), LYING AND BEING IN THE CITY OF DUBLIN, COUl\rrY OF ALAMEDA, STATE OF
CALIFOR.~TJ:A.
ALL OF ASSESSOR'S PARCEL NUMBER: 985-0007-002-15.
E1\1) OF DESCRIPTION - PARCEL 7
.
PARCEL 8
BEING ALL OF THAT CERTAlN PARC""t:.L OF LAND KNOWN AS: "PARCEL '0'" OF THAT CERTAIN FlNAL :t-.1.tJ>
ENTIT1..ED: "TRACT 6925", AS RECORDED ON THE 16TH DAY OF JULY, 1998 IN BOOK 241 OF MAPS AT PAGES 39
TO 52, ALAMEDA COUNTY RECORDS, FOR PURPOSES OF A DEVELOPMENT AGREEMENT, "ARE..<\.S A
THROUGH E PROPERTY" - PARCEL 8 (pORTION TO BE DEVEWPED), L YlNG AND BEING IN TIffi CITY OF DUBLIN,
COUNTY OF ALAMEDA, STATE OF CALIFORNIA.
A PORTION OF ASSESSOR'S PARCEL NUMBERS: 985-0003-003-08.
END OF DESCRIPTION - PARCEL 8
.
??~h~
/ ATE
FRED C. ING , LI SED
PROrESSIONAL L.A.-ND SURVEYOR NO. 5859
(EXP. 1213112000)
STATE OF CALIFORNLA..
.
MACKAY & SUMPS
51~ FRANKLIN DRIVE. SUfTE B PLEASANTON. CA 94588-S355
(r:!S) :Z2S-06~
l':\Iofo1s\ l~20\pd-bndy.doc
uuoun Kaf1(j1 I
ve\Opment Agreement Exhibit "A- '\ ", page.) VI '"'
AREAS A -n-\RO\JGH E
t:
N.T .5.
\
Area\D
~'\39.Actes)
\
\
\
\
pARCEL 1
_---------1
pARCELl
1-------------
. " ; Area A:.. . .
... r . (348 ACre5) , ..' .. .
. \. . .. .'
: : :,.. ,. :. . p .ARc:.~3
. \...~.
~~ARCfL 2. .. ... ./..L.f>.;rea E-
. .; .' . (.0 Acres)
I...:. .
r.... .
phase One
(not induded)
,". ,..".
. ..'
. .' . .C. EL.. 4.... ..;
. .
.;.....pAR.. .... ..;:;;:.:::.
. ;:.
~ . . ...:.."
."... :
....': .
:.::}X.; p k n CEL 8
\.,:;tr r>J.'-
." ....;:.'.. .'..", . ".
,)\jjt~i:i)?r~}I~W.......
p..rea f
," ." .
. . . .
-:. , :',;' . -: ~ ". ':' .
;... ;;..,;. :- .;. ~ - .; - - - -: - -
. .,' '..
p .y. Un
Area G
cpARCEL5 .
Area H
..Me'O,:C', .'
{B!.,~l :..: ..::
. .
::.' ~ ~".': : ;:." ..:..':' :'.
.
.
oe"e~nt Agreement BOun
-
EXHIBIT" A-2"
PAGE 1 OF2
:31 ~ JIg
16034-20
2/18/99
F.C.I.
.
DESCRIPTION OF "AREAS F THROUGH H PROPERTY" OF DEVELOPMENT AGREEMENT
PARCEL I
BEING ALL OF THAT CERTAlN PARCEL OF LMTD KNOWN AS: "RESULTANT PARCEL]" OF LOT LI!\TE
ADJUSTMENT "L-97-05". AS RECORDED ON THE 611i DAY OF JMTUARY. 1998 IN SERIES NO. 98-003938.
ALAMEDA COUNTY RECORDS. AS SHO\\'N UPON THAT CERTAIN RECORD OF SURVEY NO. 1562 AS FILED ON
THE 411i DAY SEPTEMBER. 1998. ALt\.MEDA cOUJ\rrY RECORDS. FOR PURPOSES OF A DEVELOPMENT
AGREEMENT, "AREAS F THROUGH H PROPERTY" - PARCEL I (PORTION TO BE DEVELOPED). LYING AND BEING
IN THE CITY OF DUBLIN, cOUJ\rrY OF ALAMEDA. STATE OF CALIFORNIA.
PORTIONS OF ASSESSOR'S PARCEL NUMBERS: 985-0005-001 AND 985-0005-002.
E~l) OF DESCRIPTION - PARCEL 1
.
PARCEL 2
BEING ALL OF THAT CERTA1N PARCEL OF LAND KNOWN AS: "RESULTANT PARCEL 2" OF LOT LIl\:"E
ADJUSTMENT "L-97-05", AS RECORDED ON THE 611i DAY OF JMTUARY, 1998 IN SERIES NO. 98-003938,
:\LAMEDA COU1'<!Y RECORDS, AS SHO\\'N UPON TH.~T CERTAIN RECORD OF SURVEY NO. 1562 AS FILED ON
THE 411i DAY SEPTEMBER, 1998. ALAMEDA COtTh!Y RECORDS, FOR PURPOSES OF A DEVELOPME!\i
AGREEME!\i, "ARE.A...5 F THROUGH H PROPERTY" - PARCEL 1 (PORTION TO BE DEVELOPED), LYING A...1\,TD BEING
IN HiE CITY OF DUBLIN, COtThiY OF AlAl....1EDA. 51' ATE OF CALIFOR.N1A.
.
PORTIONS OF ASSESSOR'S PARCEL NUMBERS: 985..0005-001 AND 985-0005-002.
END OF DESCRIPTION - PARCEL 2
.
~r9
/ ATE
MACKAY & SOMPS
51"2 FRANKUN DRIVE. SUITE B P1EASANTON. CA 9<588-3355
(r2S) :Z2.~9D
!':\lepls"1~2D\pd-bnd).2.cloc
DUbHn Ranen
'e\oprnent Agreement E)(h\b\t "1\-2", page 2 01 t:..
A.REAS f THROUGH H
~< ::>' .:~~. .::. .~.::'; .:. :
. .
..' .....Area. ...... ...
...,..:.;:~:~l~~~;S:}'>...'" .
.' ,V!$!&~ii.;....
',N\~;l~'il~t.c;l,;.{~',~;: '
Phase one
(not lnc\uded)
Area E
~
~.\ .S.
Area 0
Area A
. ....
Area 6
p...rea C
-------------
.
.
De"e\O?tnent ,t..greement sou
-
.
.
(J"-;:""
. ',~
L <:;.~.
"~:(~f~
",,---
oJ'
* General Commercial may be permilled by a Plamed Development Zorlng Process (see te~ll()( complete discussion)
+: * Win converl to FullXe Study AreafAgricutftKe where detetrnit'lld ir1collsl~lt'nl with APA (see lext for complete discussion)
-
-
.
General Plan
-Eastern Extended Planning Area
LAND USE MAP
Legend
COMMERCIAL
~ Neighbohood Corrmercial
~ General Commercial
c:.:::.:-:-:.::.;.j Carmus Olree
C=:J Induslrial Park
RESIDENTIAL
QD High Density 25- dJ/ac
~ MediJm-High Density 14-25 dJ/ac
CD MediJm Density 6-t4 cI.J/ac
IT] Low Density 0-6 dJ/ac
riiliAl Rural ResidenliaVAg<iculture 1 dJ/ 100 ac
PUBLICI SEM~PUBLIC/OPEN
,. ;{{ .1 Pubfc/Semi.Pubfic Fac~ty
o Elementary School
@ Junior High School
@ High School
o Puble/Semi-Pubic
C::J Parks & Recrealion
(!) City Park
@ Community Park
@ Neighborhood Park
[ill Neighborhood Square
f/i\;:d Open Space
~ Slfearn Corridor
CIRCULATION
Arlerial Slree'
Coleclor Streel
Trar.;it Sdne
501 Boundary
GeneraJ Ran Amendment Study Area
Specific Plan Study Area
EASTERN
DUBLIN
May \0, \993
Walac. Roberls & Todd
Figure 2B
"(;:
.....
tEj.n
"
)t~It't"
.. LJ--I:....:.
J
.-
EXHIOIT 0
8
m
I
. .,
~ j
I
il
I
I
I
I
~
.
,
.
,
,
~
,
~
, .
!
. . . ' (.J', / ;
'1:",.,
, '<P..:,~~;';~<~:~;::<(~ " :':': .
.....~~ ,I "'.", ft."
~","'1 ., .' . ,'._::./! ,j
: ::'.: \', !'
, 1'1,
. '\ "~~"~".,\// ;
.\ '.'. ../ I.:
.. ", . I'
~ ;, ': :: ':; "'~-~' ,-
roo /
':'.J.,
"
I
.;
)
i
.".' .......
~~",,,,
ot"..s;.."""--
, .'-- "(~.~....~...
.,;- ~..-""
.,..-~. : .
..........
j'. '-.-.---
,.
'.J
..1"''''
(
!I
~";'.. ;
/
.:.-.....j
;;
r, ",
'..'
..
. ,11'" .' '':~:''
," \ :;.!. "
~ -'~
I' _ I fl' 0"
:1 ~: r'>..!'
"
(1 ,
';:)~.\\\l.
'.'., i..
<>~.> ;:..
~ ". ..:~. :~":\_"
,..-..... !
.hlll~,(j....:'
I .
'I _..:
. '. '.~ r'
.(
'),:'lj'ifl., ,
( ; i :.
C...',- . ",!
'._\
,
(' .'
',._,.~I
i ~ ''c:.. "1
: '.
[:,,," ", )', .
;I~!
...\......, < ..... ':
r', r1e:l) /'
"', ,-' ...../
,
-... .;
'".-.j',
I
<.t;Jl/" ..
.....
,......... .
1.\....~:~:,.~.1\. \~:-;.
(, !. .'-""...-.: / ,:1
.~, !.,'''' I r' '. -- /
,-,.1 l .~-
.'
..
t. ..
.; ~.
,.. ,
I
i
, ; I
sf I i
) \
'.. ~ :leI' .
I, .~;
c' '\
:....:
,
',.1-."\';
"-
'~:.
t\..
*.G
**
,t") (~~.~~.:J
"
"~--f.,. \
)!'.,.....
, '
\.......-. '-'-,
I.J~
._\., \.j~'~~::~..:'~.~--'.l i :>"~:I-(__
,. . 1 i I ..-. .. r
:'( ".')". ...~.::.. ~:.::.::~:,~..:..::~:~....:
{ ':"./ C /', (. '.:, ....."...-
''''---1 ' '.' I
',..' ';, ....
I ,..:"
"J .... > ;
, ,
,
J'
.'
:",r'...,
'...'
f,'_.~L",.....~.../
\~
: .
........
...i.)')....
, .,
()
"
: ,
" .~ I
() '.
j
~_.~ ',J
"- '. ~.--' .." (/ ......
,",
NOTE:
The Inlemal system of
local streets shown In
Ihls ligure Is
illustrative only.
xl for complete discussion)
PA (~ee text lor complele discussion) ....
al CommQrclal may be permilled hy n Plaimed Development Zoning Process (s
vert to Future Study Aree/Agrlculture where determined Inconsistent with Liven
'. .'
..\:;:....:.~.....~:. ".'
:.....:':.,'.
Rgure 4.1
Land'Use Map
Legend
BRoads
RESIDENTIAL
~ Rural Residential!
~ Agriculture
1~1~~1 SI~g'le Family .
i:~:~:~:~:~:~:l :Medl umDe ns lIy
.. Med-HI Density
11IIII High Density
COMMERCIAL /INDUSTRIAL
.01 du/ac
.0.9-6.0 du/ac
6.1-14.0 quIa
14.1-25.0 du/
25.1 ,. du/ac
[22Ll General Commercial
~ Neighborhood Commercial
~ Campus Office
~ tndustrlal Park
PUBLIC/SEMI-PUBLIC
,
"
r.:::w1
~
[K]
Q[]
~ High School
PARKS AND OPEN SPACE
~
~
o
~
I~
r:;.:::::::1
~
o
EASTERN DUBLIN
Specific Plan
Public/ Semi-Public
Elementary School
Jun'lor High School
. Neighborhood Square
Neighborhood Park
Community Park
City Park
Open Space
Wallace Roberts & Todd
Urban Ind En""CM"n\en!1lI ,.,.mtf'
121 SK:ond Str.... llh FlOOf
San FrancltcG, CA 9410$
(41S1641-onO
E9
.
,...
.... ..
.
.
.
t3~ ~
EXHIBIT "0"
BACKBONE INFRASTRUCTURE
DUBLIN RANCH (LANDS OF L1N), DUBLIN, CALIFORNIA
A.
The construction and/or acquisition of improvements for:
1. Dublin Boulevard from Tassajara Road to Fallon Road (four lanes).
2. Central Parkway from Tassajara Road to 3500 feet Easterly (two lanes).
3. Gleason Drive from Tassajara Road to realigned Fallon Road (two lanes).
4. New Fallon Road from Gleason Drive to the North end of existing Fallon Road -
approximately 1700 feet (two lanes).
5. Fallon Road from 1-580 to 400 feet North of Dublin Boulevard (Roadway widening
and reconstruction with new improvements on the Westerly side).
6. Fallon Road from 400 feet North of Dublin Boulevard to 3200 feet North of Dublin
Boulevard (Upgrade and overlay of existing pavement).
7. Connector street, 3500 Easterly of Tassajara Road from Central Parkway to Dublin
Boulevard (two lanes).
Including clearing, grubbing, grading, base, pavement, curbs, gutters, street monuments,
street lighting, joint trench facilities, storm drainage system, water, wastewater, recycled
water, together with appurtenances.
B.
The construction and/or acquisition of interim/ultimate storm drainage improvements
including pipes, box culvert and other structures, together with appurtenances in
accordance with an approved master storm drainage plan.
C. The acquisition of lands, easements and rights-of-way necessary to complete the
improvements described.
D. The advancement of Traffic Impact Fees to facilitate !-580 interchange improvements at
Tassajara Road and at Fallon Road.
E. The advancement of water connection fees to D.S.R.S.D. to facilitate the construction of
a zone one potable water storage reservoir and/or the construction of a potable water
turnout from existing Zone 7 transmission facilities.
\\MSPL55\ADMIN\Corp. Fonns\EXHIBITS\Exhibit D's\Backbone InfrastructUre [DR_Lands of Lin].doc
It( ~ c;(
.
,-
--
.
-N-
1
'I
N.T.S.
Area 0
Area A
o
<t
o
0:
<t
0:
<:(
J
<to
CI)
CI)
~
phase One
(not included)
.
Area E
Area F
FEBRUARY 19,1m
J03 NO.16034-2Q
- .
15 ~ tjS-
.
DUBLIN RANCH
DEVELOPMENT AGREEMENT EXHIBIT 'F'
I
I
I
I
I
I
I
I
I
: DUBLIN RANCH-
I PHASE I
I
I
I
I
I
I
I
I
I
~
~
~
~
~
~
,.......
U
Z
~
Z
,.......
~
~
::;
~
.
DUBLIN LA..ND COl\1PANY
I
I
I
. : I
; I
MARCH 30, 1999 JOB NO. 16034-30
-N- NOSCALE
...
~
~
f2
u
~
j
a
u
~
~
~
~
~
~
~
u
z
~
z
,.......
~
~
;:J
~
-
~
~
~
~
~
~
,.......
u
z
~
z
po...(
~
~
;:J
Q
Vb ~1g
..' .,.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN .
THE CITY OF DUBLIN, AND THE LIN FAMILY FOR THE DUBLIN RANCH PROJECT
"AREA A", "AREAS B - E, F, G, & H" - P A 96-038 (AREA A), P A 96-039 (AREA B-E), PA 98-068
(AREA F), PA 98-069 (AREA G), & PA 98-070 (AREA H)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLO\VS:
Section 1.
RECITALS
A. The proposed Dublin Ranch Project P A 96-038 (Area A), P A 96-039 (Area B-E), PA 98-
068 (Area F), P A 98-069 (Area G), & P A 98-070 (Area H) is located VI~thin the boundaries of the Eastern
Dublin Specific Plan ("Specific Plan") in an area which is designated on the General Plan Land Use
Element Map and Eastern Dublin Specific Plan Land Use Map as Residential, Commercial, Campus
Office and Open Space uses.
B. This project is VI~thin the scope of the Eastern Dublin Specitic Plan and General Plan
Amendment, for which a Program EIR was certified (SCH 91103064). Mitigated Negative Declarations
have been approved for the various entitlements of which this project is a part. Mitigated Negative
Declarations together with the Program EIR adequately describes the total project for the purposes of
CEQA. The analysis indicated that no new effects could occur and no new mitigation measures would be .
required for the Dublin Ranch Project. Further, that analysis found that the project is in conformity VI~th
the Eastern Dublin Specific Plan.
C. Implementing actions of the Specific Plan, including Chapter 11 thereof, require that all
projects within the Specific Plan area enter into development agreements VI~th the City.
D. The Lin Family, Inc., has filed an application requesting approval of a development
agreement for the Dublin Ranch Project.
E. A Development Agreement between the City of Dublin, and the Lin Family has been
presented to the City Council, a copy of which is attached to the Staff Report as Attachment 1.
F. A public hearing on the proposed Development Agreement was held before the Planning
Commission on April 13, 1999, 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.
H. A public hearing on the proposed Development Agreement was held before the City
Council on May 4, 1999, for which public notice was given as provided by law.
J. The City Council has considered the recommendation of the Planning Commission at the
May 4, 1999 meeting, including the Planning Commission's reasons for its recommendation, the Agenda
Statement, all comments received in writing and all testimony received at the public hearing.
ATTACHMENT 2
.
t(1~r~
A
Section 2.
FINDINGS AND DETERMINATIONS
. Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin General Plan Amendment, (d) the Specific Plan, (e) the
ErR, (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
designations for the site are Residential, Commercial, Campus Office and Open Space uses (b) the project
is consistent with the fiscal policies of the General Plan and Specific Plan \vith respect to provision of
infrastructure and public services, and ( c) the Development Agreement includes provisions relating to
financing, construction and maintenance of public facilities, and similar provisions set forth in the
Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real property is located in that the project approvals
include Planned Development Rezonings, adopted specifically for the Dublin Rfu,ch Project.
3. The Development Agreement is in conformity 'with public convenience, general welfare
and good land use policies in that the Dublin Ranch Project \vill implement land use guidelines set forth in
. the Specific Plan and the General Plan which have planned for Residential, Commercial, Campus Office
and Open Space uses at this location.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the project will proceed in accordance with all the programs and policies of the Eastern
Dublin Specific Plan.
5. The Development Agreement will not adversely affect the orderly development of property
or the preservation of property values in that the project will be consistent \\7jth the General Plan and with
the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Attachment 1 to the Staff Report)
and authorizes the Mayor to sign it.
Section 4. RECORDATION
Within ten (l0) 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 A.1\TD POSTING OF ORDINA.1\JCE
-
-~y ~ 7'(
'"'-
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State .
of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _ day of
, 1999, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST;
CITY CLERK
.
G:P A 98-063 Ord DA
.
-