HomeMy WebLinkAbout6.4 SummerGlen DACITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 21, 1998
SUBJECT: PUBLIC HEARING: PA 97-036 Summer Glen Development Agreement
(Report prepared by: Dennis Carrington, Senior Planner)
EXHIBITS ATTACHED: 1) Ordinance Approving Development Agreement
2) Development Agreement
RECOMMENDATION: 1) Open Public hearing
2) Receive staff presentation and public testimony
3) Close public hearing
4) Deliberate
5) Waive reading and introduce Ordinance (Exhibit 1) approving Development
Agreement (Exhibit 2)
FINANCIAL STATEMENT: Approval of this project would provide for the construction of public
improvements and payment of certain City required impact fees.
ANALYSIS:
Background:
The City Council approved an amendment to the Eastern Dublin Specific Plan for the entire Santa Rita area
(primarily owned by the Alameda County Surplus Property Authority) in October, 1996. As part of that action,
this site was given a new Specific Plan and General Plan Land Use Designations of Low, Medium, and Medium -
High Density Residential.
On February 2, 1998, the City Council approved a Planned Development Rezone for the Summer Glen single
family residential project.
A public hearing was held on this item before the Planning Commission on April 14, 1998. The Planning
Commission unanimously recommended approval of the Development Agreement to the City Council.
COPIES TO: SummerHill Homes
Alameda County Surplus Property Authority
PA File
ITEM NO. 6*4
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One of the implementing actions of the Eastern Dublin Specific Plan calls for the City to enter into
Development Agreements with developers in the plan area. The Development Agreement provides security.
the developer that the City will not change its zoning and other laws applicable to the project for a specified
perIod of time. Additionally, it is a mechanism for the City to obtain commitments from the develop-er that the -
City might not otherwise be able to obtain. The Development Agreement is one means the City has to assure
that the Specific Plan goal that new development fund the costs of infrastructure and service is met.
Attached to this Staff Report is a Development Agreement (Exhibit 2) between the City of Dublin and the
Surplus Property Authority of the County of Alameda (Alameda County). This Development Agreement is
based on the standard Development Agreement developed by the City Attorney and adopted by the City Council
for Eastern Dublin Projects. As projects move forward in Eastern Dublin, the City Council will be seeing many
of these Agreements. In general, the Agreements reflect what has been determined to be the infrastructure
needs for the specific project. These needs are determined based on submittal of engineering studies and plans.
The Agreement:
The City Attorney drafted the proposed Development Agreement with input from City staff, Alameda County
Surplus Property Staff, SummerHill Homes and their attorneys. The Development Agreement sets forth the
agreements between the parties in relation to many items, including, but not limited to, infrastructure
construction and phasing, parkland dedication and the payment of various required impact fees.
The Development Agreement becomes effective for a term of five years from the date it is recorded. The
Development Agreement runs with the land and the rights and obligations thereunder can be assigned. The .
improvement and fee requirements of the Development Agreement can be found in Exhibit B of the
Development Agreement and are highlighted below:
Infrastructure Construction and Traffic Impact Fees:
The City requires that Developers in Eastern Dublin pay traffic impact fees for certain City wide improvements
to the circulation system. Additionally, fees are charged for certain circulation improvements specific to
Eastern Dublin. Developers are also required to make certain improvements to the circulation system that are
required as a result of their project. The City determines the direct project impact through a traffic study that is
conducted.
Based on the traffic study conducted for the Summer Glen Project, it was determined that certain improvements
were required to the circulation system as a result of the projected future traffic from the project. These
improvements include widening some roads, the improvement of certain intersections, the ultimate construction
of the approved alignment Tassajara Road north of Dublin Boulevard, Gleason Drive between Hacienda Drive
and Tassajara Creek, and the constru~tion()fthetraffic signal at.the project entranc~,_ Other improvements that ...__
may he-made-or contributed to unless done by others include the 1-580 at Santa Rita Road/Tassajara Road
Eastbound off-ramp, Dublin Boulevard west of the project, and a traffic signal at Tassajara Road and Gleason
Drive. Some of these improvements will be required immediately as a result ofthe construction of the project.
Other improvements that were identified could be phased and put in as required by traffic warrants or when .
other projects come on line. The Agreement sets forth the City and Alameda County's understanding in relati
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. to the phasing of infrastructure construction, possible oversizing the infrastructure and credits towards traffic
impact fees if oversizing does occur.
Additionally, the Agreement provides for the dedication of 5.55 acres ofland for future neighborhood and
community parks. This dedication reduces the 9.07 acres credited to the County for park land dedication for
the Villas at Santa Rita project to 3.52 acres.
Conclusion:
The Development Agreement furthers the goals of the General Plan and Eastern Dublin Specific Plan by
requiring new development to fund the costs of its infrastructure and service. The City of Dublin and Alameda
County have agreed on the sequencing of infrastructure construction, the payment of impact fees as well as
other items required by the Eastern Dublin Specific Plan
RECOMMENDATION:
Staff recommends that the City Council, deliberate, waive reading, introduce the Ordinance approving the
Development Agreement, and continue the public hearing to May 5, 1998. (Exhibit 1).
G:\P A97-036\ccsrdal
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ORDINANCE NO. - 98
AN ORDINANCE OF THE CITY OF DUBLIN
. APPROVING THE DEVELOPMENT AGREEMENT.
FOR P A 97-036, SUMMER GLEN
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Summer Glen project (PA 97-036) is located within the
boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area which is
designated on the General Plan Land Use Element Map and Eastern Dublin Specific Plan
Land Use Map as Low, Medium and Medium-High Density Residential.
B. A Program Environmental Impact Report ("EIR") was prepared for the
Specific Plan and the Eastern Dublin General Plan Amendment and certified by the City
Council by Resolution No. 51-93.
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C. Implementing actions of the Specific Plan, including Chapter 11 thereof,
require that all projects within the Specific Plan area enter into development agreements
with the City.
D. The Surplus Property Authority of the County of Alameda have filed an
application requesting approval of a development agreement for the Summer Glen
Project. .
E. A Development Agreement between the City of Dublin and the Surplus
Property Authority of the County of Alameda ("Development Agreement") has been
presented to the City Council, a copy of which is attached hereto as Attachment 1.
F. A public hearing on the proposed Development Agreement was held
before the Planning commission on April 14, 1998, for which public notice was given as
provided by law.
G. The Planning Commission has made its recommendation to the City
Council for approval of the Development Agreement, which recommendation includes
the Planning Commission's determinations with respect to the matters set forth in Section
8.56.080 of the Dublin Municipal Code.
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H. A public hearing on the proposed Development Agreement was held
before the City Council on April 21, 1998, and May 5, 1998, for which public notice was
given as provided by law.
EXHIBIT. 1
J. The City Council has considered the recommendation of the Planning
Commission (Planning Commission Resolution 98-~, including the Planning
Commission's reasons for i;s recommend<i.tion, the Agenda Statement, all comments
received in writing and all testimony received i'lt the public hearing.
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K. Pursuant to the California Environmental Quality Act, an analysis by staff
found that the project is exempt according to Section 15182 of the State CEQA
Guidelines. That analysis showed that the proposed residential project is within the scope
of the Final Environmental Impact Report (FEIR) for the Eastern Dublin General Plan
Amendment which was certified by the City Council by Resolution No. 51-93, and the
Addenda dated May 4, 1993, and August 22, 1994. The analysis indicated that no new
effects could occur and no new mitigation measures would be required for the Summer
Glen project that were not addressed in the FErR. Further, that analysis found that the
project is in conformity with the Eastern Dublin Specific Plan.
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 EIR, (f) the Agenda Statement, and on the
basis of the specific conclusions set forth below, the City Council finds and determines
that:
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I. 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 Low,
Medium, and Medium-High Density Residential and the proposed project is a single
family dwelling project consistent with those land use designations, (b) the project is
consistent with the fiscal policies of the General Plan and Specific Plan with respect to
provision of infrastructure and public services, and (c) the Development Agreement
includes provisions relating to financing, construction and maintenance of public
facilities, reimbursement for oversizing infrastructure and similar provisions set forth in
the Specific Plan.
2. The Development Agreement is compatible with the uses authorized in,
and the regulations prescribed for, the zoning districts in which the real property is
located in that the project approvals include a Planned Development Rezoning adopted
specifically for the Summer Glen project.
3. The Development Agreement is in conformity with public convenience,
general welfare and good land use policies in that the Summer Glen project will
implement land use guidelines set forth in the Specific Plan and the General Plan which
have planned for residential uses at this location.
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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
an?policies of th_enEas!ern Dublin Specific Pl~n.
5. The Development Agreement will not adversely affect the orderly
development of property or the preservation of property values in that the project will be
consistent with the General Plan and with the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Attachment I)
and authorizes the Mayor to sign it.
Section 4. RECORDA nON
Within ten (10) days after the Development Agreement is executed by the Mayor,
the City Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
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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
5th day of May, -1998, by the following votes:-- -- - -, ---- --
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
. G:\PA97-036\daord
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City of Dublin
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Vvhen Recorded Mail To:
City Oerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
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Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN mE
CITY OF DUBLIN
--AND -
THE SURPLUS PROPERTY AUTHORlTY
OFTHECOUNTYOF~EDA
FOR THE SUMMERGLEN PROJECT
EXHIBIT ;Z
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TABLE OF CONTENTS
1. Description of Property. ........................................ 2
-2. Interest of Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. Relationship of City and Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4. Effective Date and Term. ........................................ 3
4.1 Effective Date. ........................................... 3
4.2 Term.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5. Use of the Property. ............................................ 3
5.1 Right to Develop ......................................... 3
5.2 Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5.3 Additional Conditions ..................................... 4
6.
Applicable Rules. Regulations and Official Policies .................... 5
6.1 Rules re Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6.2 Rules re DesigTl and Construction ............................ 5
6.3 Uniform Codes Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7. Subsequently Enacted Rules and Revliations . . .-. . . . . . .-~ - . -. . -. . . . . . . . . . 5
7.1 New Rules and Regulations ................................. 5
7.2 Approval of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7.3 Moratorium Not Applicable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8. Subsequently Enacted or Revised Fees. Assessments and Taxes. . . . . . . . . . . 6
8.1 Fees. Exactions. Dedications ................................ 6
8.2 Revised Application Fees ................................... 6
8.3 New Taxes .............................................. 7
8.4 Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 .5 Vote on Future Assessments and Fees ......................... 7
9.
Amendment or Cancellation. . . .- . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 7
9.1 Modification Because of Conflict with State or Federal Laws ....... 7
9.2 Amendment by Mutual Consent ............................. 7
Dublin/Alameda Development Agreement
for SummerGlen Project
Table of Contents" Page i of Hi
March 26, 1998
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9.3
9.4
- --_9.5.
Insubstantial Amendments . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . : 7
Amendment of Project Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .
Cancellation by Mutual Consent ... . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10. Term of Project Approvals ....................................... 8
II. Arlnual Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11.1 Review Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11.2 Initiation of Review .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11.3 Staff Reports ............................................ 9
11.4 Costs .................................................. 9
12. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . 9
12.1 Other Remedies Available .................................. 9
12.2 Notice and Cure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12.3 No Damages Against CITY ................................. 9
13. Estoppel Certifi cate ........................................... 10
14. Mortgagee Protection: Certain Rights of Cure ....................... 10
14.1 Mortgagee Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 .
14.2 Mortgagee Not Obligated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14.3 Notice of Default to Mort.e-agee and Extension of Right to Cure .... II
15. . Severabllity . . . . . . . . . . .- . . . . -. . . ~ ..-. . ~ . . . . . . . : . . ~--. . -; . . . ; ; ; . .-. . . ~ 11--
16. Attorneys' Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17. Transfers and Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17.1 Right to Assign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
17.2 Release Upon Transfer. . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . 12
17.3 Developer's Right to Retain Specified Rights or Obligations ....... 12
17.4 Permitted Transfer. Purchase or Assignment ................... 12
17.5 Termination of Agreement Upon Sale of Individual Lots to Public. . . 13
18.. A~eement Runs with the Land .................................. 13
19. Bankruptty". . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Dublin/Alameda Deve10pmentAgreement
for SummerGlen Project
Table of Contents - Page ii of iii
March 26. 1998
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. 20. Indemnification. . . . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . , . . . . . . . . . . 13
_ -21,.- _ Insurance ._. _. . . . _, . . . . . . . . . . . . --. -; . .-,-.- . . .. . . " . .--,.-. . . . . . . . . .- . , . . . . .- 14
21.1 Public Liability and Property Dama~e Insurance , , . . . . . , . . . . . . . . 14
21.2 Workers Compensation Insurance . , . . . , . . . . . , , . . , . . . . , . . . . . . 14
21.3 Evidence of Insurance ....,......,....,.....,."....,..... 14
22. Sewer and Water ,......,...................,................. 15
23. Notices. . , . . . . . . , . . . , . . , . . . . , . . . . . . . . . . . . , . . . , . . . . . . . . . . . . . . 15
24. Av-eement is Entire Understanding .......,..........,..........,. 15
25. Exh.ibits. ~ . . . , . , , . . . . . . . , . . . , , . . . . . . . . . . . , , . . . , . . . . . . . . , . . . . 16
26. Counterparts. . , . . . . . . . . , . . . . . . . . . . . , . . . . . . . . , . . . . . . . . . , , . . . . 16
27. Recordation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : , . . . . . . . . . . . . 16
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Dublin/Alameda Development Agreement
for SummerGlen Project
Table of Contents - Page iii of iii
March 26, 1998
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THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this day of , 1998, by and between the CITI OF
_, DUBLIN, a Munidpal Corporation (hereafter "City"), and the Surplus Property_
Authority of Alameda County, a public corporation (hereafter "Developer"), pursuant
to the authority of ss 65864 et seq. of the California Government Code and Dublin
_Munidpal Code, Chapter 8.56.
RECITALS
A. California Government Code ss 65864 et seq. and Chapter 8.56 of
the Dublin Munidpal Code (hereafter "Chapter 8.56") authorize the CITY to enter
into an Agreement for the development of real property with any person having a
legal or equitable interest in such property in order to establish certain development
rights in such property; and
B. The City Conncil adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property; and
C. The Eastern Dublin Spedfic Plan requires DEVELOPER to enter
into a development agreement; and
D. DEVELOPER desires to develop and holds legal interest in certain
real property consisting of approximately 65.51 acres of land, located in the City of
Dublin, Connty of Alameda, State of California, which is more particularly described
- in Exhibit A- attached hereto and incorporated herein by this reference, and which
real property is hereafter called the "Property"; and
E. DEVELOPER proposes the development of the Property with 347
single family detached homes (the "Project"); and
F. DEVELOPER has applied for, and CITY has approved or is
processing, various land use approvals in connection with the development of the
Project, including a PD District rezoning (Ordinance No. 1-98) general provisions for
the PD District rezoning including the Land Use and Development Plan (Res. No. 9-
98)~ tentative tract map (Planning Commission Resolution No. 97-29), and site
development review (Planning Commission Resolution No. 97-29) (collectively,
together with- any approvals or permits now or hereafter issued with respect to the
Project, the "Project Approvals"); and
Dublin/Alameda Development Agreement
for SummerGlen Project
Page 1 of 17
March 26. 1998
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G. Development of the Property by DEVELOPER may be subject to
certain future discretionary approvals including site development review, which, if
granted, shall automatically become part of the Project Approvals as each such
approval becomes effective; and
H. CITY desires the timely, efficient, orderly and proper development
-of said Project; and
1. The City Council has found that, among other things, this
Development Agreement is consistent with its General Plan and the Eastern Dublin
Specific Plan and has been reviewed and evaluated in accordance with Chapter 8.56;
and
J. CITY and DEVELOPER have reached agreement and desire to
eA'Press herein a Development Agreement that will facilitate development of the
Project subject to conditions set forth herein; and
K. Pursuant to the California Environmental Quality Act (CEQA) the
City has found, pursuant to CEQA Guidelines section 15182, that the Project is
'within the scope of the Final Environmental Impact Report for the Eastern Dublin
General Plan Amendment and Specific Plan which was certified by the Council by
Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994
(me "EIR") and found that the EIR was adequate for this Agreement; and
1. On , 1998, the City Council of the City of Dublin
adopted Ordinance No. _-98 approving this Development Agreement. The
ordinance took effect on , 1998.
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein contained,
CITY and DEVELOPER agree as follows:
AGREEMENT
1. Description of Property.
The Property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
Dublin/.t\lameda Development Agreement
for, ?UIIUllerGlen. Project ,
Page 2 of 17
March 26, 1998
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2.
Interest of Developer.
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The DEVELOPER has a legal or equitable interest in the Property in
that it owns the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been
negotiated and voluntarily entered into by CITY and DEVELOPER and that the
DEVELOPER is not an agent of CITY. The CITY-and DEVELOPER hereby
renounce the existence of any form of joint venture or partnership between them, and
agree that nothing contained herein or in any document executed in connection
herewith shall be construed as making the CITY and DEVELOPER joint venturers or
partners.
4. Effective Date and Tenn.
4.1 Effective Date. The effective date of this Agreement shall
be the date upon which this Agreement is signed by City.
4.2 Term. The term of this Development Agreement shall .
commence on the effective date and extend five (5) years thereafter, unless said term
is otherwise terminated or modified by circumstances set forth in this Agreement.
5. Use of the Property.
5.1 Rip;ht to Develop. Developer shall have the vested right to
develop the Project on the Property in accordance with the terms and conditions of
this Agreement, the Project Approvals (as and when issued), and any amendments to
any of them as shall, from time to time, be approved pursuant to this Agreement.
5.2 Permitted Uses. The permitted uses of the Property, the
density and intensity of use, the maximum height, bulk and size of proposed
buildings, provisions for reservation_ or dedication of land for public purposes and
location and maintenance of on-site and off-site improvements, location of public
utilities (operated by CITY) and other terms and conditions ofdeveloprnent__
applicable to the Property, shall be those set forth in this Agreement, the Project
Approvals and any amendments to this Agreement or the Project Approvals.
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Dublin! Alameda Development Agreement
for SummerGlen Project
-- Page 3 of 17
March 26, 1998
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5.3 Additional Conditions. provisions for the following
("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated
herein: by reference. -..
5.3.1 Subsequent Discretionary Approvals.
Conditions, terms, restrictions, and requirements for subsequent
discretionary actions. (These conditions do not affect Developer's
responsibility to obtain all other land use approvals required by the
ordinances of the City of Dublin.)
Not Applicable
5.3.2 Mitigation Conditions. Additional or modified
conditions agreed upon by the parties in order to eliminate or
mitigate adverse environmental impacts of the Project or otherwise
relating to development of the Project.
See Exhibit B
5.3.3 Phasing. Timing. provisions that the Project be
constructed in specified phases, that construction shall commence
within a specified time, and that the Project or any phase thereof be
completed within a specified time.
See Exhibit B
5.3.4 Financing Plan. Financial plans which identify
necessary capital improvements -such as streets and utilities and
sources of funding.
See Exhibit B
5.3.5 Fees. Dedications. Terms relating to payment of
fees or dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
. reimbursement over time for financing of necessary public facilities.
See Exhibit B
Dublin/..Alameda Development Agreement
__ for SummerGlen Project
Page 4 of 1 7
March 26. 1998
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5.3.7
Miscellaneous. Miscellaneous terms.
See Exhibit B
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'6. Applicable Rules. Regulations and Official Policies.
6.1 Rules re Permitted Uses. For the term of this Agreement,
the CitYs ordinances, resolutions, rules, regulations and official policies governing the
permitted uses of the Property, governing density and intensity of use of the Property
and the maximum height, bulk and size of proposed buildings shall be those in force
and effect on the effective date of this Agreement.
6.2 Rules re DesigJ1 and Construction. Unless otherwise
eA-pressly provided in Paragraph 5 of this Agreement, the ordinances, resolutions,
rules, regulations and official policies governillg design, improvement and
construction stand'ards and specifications applicable to the Project shall be those in
force and effect at the time of the applicable discretionary Project Approval.
Ordinances, resolutions, rules, regulations and official policies governing design,
improvement and construction standards and specifications applicable to public
improvements to be constructed by Developer shall be those in force and effect at the
time of the applicable permit approval.
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6.3 Uniform Codes Applicable. Unless expressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance with
the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire
Codes and Title 24 of the California Code of Regulations, relating to Building'
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project. '
7. Subsequently Enacted Ru1es and Regulations.
7 .1 New Rules and Rev.dati ons. During the term' of this
Agreement, the City may apply new or modified ordinances, resolutions, rules,
regulations and official policies of the City to the Property which were not in force
and effect on the effective date of this Agreement and which are not in conflict with
those applicable to the Property as set forth in this Agreement if: (a) the application
oEsuch new or modified ordinances, resolutions, rules, regulations or official policies
wou1d not prevent, impose a substantial financial burden on, or materially delay
development of the-Property as contemplated by this Agreement and the Project
Approvals and (b) if such ordinances, resolutions, rules, regulations or official policies
Dublin/Alameda Development Agreement
for SummerGlen Project
Page 5 of 17
March 26, 1998
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. have general applicability.
7.2 ~ - Approval of Application~_ __Nothing in this Agreement shall
- prevent the CITI from denying or conditionally approving any subsequent land use
permit or authorization for the Project on the basis of such new or modified
ordinances, resolutions, rules, regulations and policies except that such subsequent
-actions shall be subject to any conditions, terms, restrictions, and requirements
o.'Pressly set forth herein.
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7.3 Moratorium Not Applicable. Notwithstanding anything to
the contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of CITY, by initiative, referendum, or otherwise, that
imposes a building moratorium which affects the Project on all or any part of the
Property, CITY agrees that such ordinance, resolution or other measure shall not
apply to the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or state
of emergency as defined in Government Code ~ 8558.
8. Subsequently Enacted or Revised Fees. Assessments and Taxes.
8.1 Fees. Exactions. Dedications. CITY and DEVELOPER
agree that the fees payable and exactions required in connection with the
development of the Project for purposes of mitigating environmental and other
impacts of the Project, providing infrastructure for the Project and complying with
the Specific Plan shall be those set forth in Ordinance No. 1-98, Resolution No. 9-98, --
the tentative tract map and site development review and in this Agreement (including
Exhibit B). The CITY shall not impose or require payment of any other fees,
dedications of land, or construction of any public improvement or facilities, shall not
increase or accelerate existing fees, dedications of land or construction of public
improvements, in connection with any subsequent discretionary approval for the
Property, except as set forth in Ordinance No. 1-98, Resolution No. 9-98, the
tentative tract map and site development review and this Agreement (including
Exhibit B, subparagraph 5.3.5).
8.2 Revised Application Fees. Any existing application,
processing and inspection fees that are_ revised during the term of this Agreement
shall apply to the Project provided that (1) such fees have general applicability; (2)
the application of such fees to the Property is prospective; and (3) the application of
such fees would' not prevent development in accordance with this Agreement. By so
Dublin/Alameda Development Agreement
, for SummerGlen Project
Page 6 of 17
March 26, 1998
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agreeing, DEVELOPER does not ",,raive its rights to challenge the legality of any such .
application, processing and/or inspection fees.
.. - -~ -.. -
8.3 New Taxes. Any subsequently enacted city-wide taxes shall
apply to the Project provided that: (1) the application of such taxes to the Property
IS prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement. By so agreeing. DEVELOPER does not waive its
rights to challenge the legality of any such taxes.
8.4 Assessments. Nothing herein shall be construed to relieve
the Property from assessments levied against it by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5 Vote on Future Assessments and Fees. In the event that
any assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution a...'1d DEVELOPER does not return its ballot, DEVELOPER
agrees, on behalf of itself and its successors, that CITY may count DEVELOPER's
ballot as affirmatively voting in favor of such assessment, fee or charge.
.
9. Amendment or Cancellation.
9.1 . Modification Because of Conflict with State or Federal
Laws. In the evenCthatnstite or-federaI raws or regulations enacted after the- effective
date of this Agreement prevent or preclude compliance with one or more provisions of
this Agreement or require changes in plans, maps or pennits approved by the City,
the parties shall meet and confer in good faith in a reasonable attempt to modify this
Agreement to comply with such federal or state law or regulation. Any such
amendment or suspension of the Agreement shall be approved by the City Council in
accordance with Chapter 8.56.
9.2 Amendment by Mutual Consent. This Agreement may be
amended in WItting from tiI~et?_time ~y mutual conse~~ (J_f th~ p~Ities hereto and in
accordance with the procedures of State law and Chapter 8.56. .
.
Dublin/Alameda Development Agreement
for SummerGlen Project
Page 7 of 17
March 26, 1998
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9.3 Insubstantial Amendments. Notwithstanding the
provisions of the preceding paragraph 9.2, any amendments to this Agreement which
_ _ .do n6t"ielaie to (a) the term _o~ the ~greement ~s provided in paragraph 4.2; (b) the
permitted uses of the Property as provided in paragraph 5.2; (c) provisions for
"significant" reservation or dedication ofland as provided in Exhibit B; (d) conditions,
terms, restrictions or requirements for subsequent discretionary actions; (e) the
-density or intensity of use of the Project; (f) the maximum height or size of proposed
buildings; or (g) monetary contributions by DEVELOPER as provided in this
Agreement, shall not, except to the extent otherwise required by law, require notice or
public hearing before either the Planning Commission or the City Council before the
parties may execute an amendment hereto. CITY's Public Works Director shall
determine whether a reservation or dedication is "significant".
9.4 Amendment of Project Approvals. Any amendment of
Project Approvals relating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or requirements
for subsequent discretionary actions; (d) the density or intensitY of use of the Project;
(e) the maximum height or size of proposed buildings; (f) monetary contributions by
the DEVELOPER; or (g) public improvements to be constructed by DEVELOPER
shall require an amendment of this Agreement. Such amendment shall be limited to
those provisions of this Agreement which are implicated by the amendment of the
Project Approval. Any other amendment of the Project Approvals, or any of them,
shall not require amendment of this Agreement unless the amendment of the Project
Approval(s) relates specifically to so_me provision of this Agreement.
9.5 Cancellation bv Mutual Consent. Except as otherwise
pennitted herein, this Agreement may be canceled in whole or in part only by the
mutual consent of the parties or their successors in interest, in accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit B
of this Agreement prior to the date of cancellation shall be retained by CITI.
10. Term of Project Approvals.
pursuant to California Government Code Section 66452.6(a), the
term of the tentative map described in Recital F above shall automatically be
ei-tended for the term of this Agreement. The term of any other Project Appr:oval
shall be extended only if so provided in Exhibit B.
Dublinl.A.lameda Development Agreement -
for SummerGlen Project
Page 8 of 17
March 26. 1998
/ 3 ~::/ '-II
11. Annual Review.
.
11-.1. . Review Date.- The annual review date for this Agreement
shall be August IS, 1999 and each August IS thereafter.
11.2 Initiation of Review. The CITIs Community
-Development Director shall initiate the annual review, as required under
Section 8.56.140 of Chapter 8.56, by giving to DEVELOPER thirty (30) days'
VirTItten notice that the CITY intends to undertake such review. DEVELOPER shall
provide evidence to the Community Development Director prior to the hearing on
the annual review, as and when reasonably detennined necessary by the Community
Development Director, to demonstrate good faith compliance with the provisions of
the Development Agreement. The burden of proof by substantial evidence of
compliance is upon the DEVELOPER.
11.3 Staff Reports. To the extent practical, CITY shall deposit
in the mail and fax to DEVELOPER a copy of all staff reports, and related exhibits
concerning contract performance at least five (5) days prior to any annual review.
11.4 ~. Costs reasonably incurred by CITY in connection .
with the annual review shall be paid by DEVELOPER in accordance with the City's
schedule of fees in effect at the time of review.
12. Default.
12.1 Other Remedies Available. Upon the occurrence of an
event of default, the parties may pursue all other remedies at law or in equity which
are not otherwise provided for in this Agreement or in City's regulations governing
development agreements, expressly including the remedy of specific performance of
this Agreement.
12.2 Notice and Cure. Upon the ocrurrence of an event of
default by either party, the nondefaulting party shall serve written notice of such
default upon the defaulting party. If the default is not cured by the defaulting party
within thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable 'action to enforce its rights Unde( this
Agreement; provided, however, that if the defaUlt cinnot be cured within such thirty
, (30) day period, the non defaulting party shall refrain from any such legal or equitable
action so long as the defaulting party begins to cure such default within, such thirty
.
Dublin/Alameda Development Agreement
for SummerGlen Project
Page 9 of 17
March 26. 1998
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(30) day period and diligently pursues such cure to completion. Failure to give notice
shall not constitute a waiver of any default.
12.3 No Dama~es Against CITY. In no event shall damages be
awarded against CITY upon an event of default or upon termination of this
Agreement.
13. Estoppel Certificate.
Either party may, at any time, and from time to time, request
written notice from the other party requesting such party to certify in writing that,
(a) this Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in writing, or if
so amended, identifying the amendments, and (c) to the knowledge of the certifying
party the requesting party is not in default in the performance of its obligations under
this Agreement, or if in default, to describe therein the nature and amount of any
such defaults. A party receiving a request hereunder shall execute and return such
certificate within thirty (30) days following the receipt thereof, or such longer period
as may reasonably be agreed to by the parties. City Manager of City shall be
authorized to execute any certificate requested by DEVELOPER. Should the party
receiving the request not execute and return such certificate within the applicable
period, this shall not be deemed to be a default, provided that such party shall be
deemed to have certified that the statements in clauses (a) through (c) of this section
are true, and any party may rely on such deemed certification.
14. Mort~agee Protection: Certain Rights of Cure.
14.1 Mortga~ee Protection. This Agreement shall be superior
and senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
C'Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render
invalid, diminish or impair the lien of any Mortgage made in good faith and for value,
but all the terms and conditions contained in this Agreement shall be binding upon
and effective against any person or entity, including any deed of trust beneficiary or
mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof,
_ by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.
Dublin/Alameda Development Agreement
for SummerGlen Project.
Page lO of 1 7
March 26, 1998
/5 i'{ ~I
14.2 Mortgagee Not Obligated. Notwithstanding the provisions
of Section 14.1 above, no Mortgagee shall have any obligation or duty under this
-- Agreement,. ~efo!e or after foreclosure or a deed in lieu of foreclosure, to construct or
complete the construction orimp.rovements~ or to guarantee such cons'truction of
improvements, or to guarantee such construction or completion, or to pay, perform or
provide any fee, dedication, improvements or other exaction or imposition; provided,
however, that a Mortgagee shall not be entitled to devote the Property to any uses or
to construct any improvements thereon other than those uses or improvements
provided for or authorized by the Project Approvals or by this Agreement.
.
14.3 Notice of Default to Monga.e-ee and Extension of Right to
Cure. If CITY receives notice from a Mortgagee requesting a copy of any notice of
default given DEVELOPER herennder and specifying the address for service thereof,
then CITY shall deliver to such Mortgagee, concurrently with service thereon to
DEVELOPER, any notice given to DEVELOPER with respect to any claim by CITY
that DEVELOPER has committed an event of default. Each Mortgagee shall have
the right during the same period available to DEVELOPER to cure or remedy, or to
conunence to cure or remedy, the event of default claimed set forth in the' CITY's
notice. CITY, through its City Manager, may extend the thirty-day cure period
provided in paragraph 12.2 for not more than an additional sixty (60) days upon .
request of DEVELOPER or a Mortgagee.
15. Severabilitv.
The-unemorteability, invalidity or illegality of any provisions, - ,- --- ---
covenant, condition or term of this Agreement shall not render the other provisions
nnenforceable, invalid or illegal.
16. Attorneys' Fees and Costs.
If CITY or DEVELOPER initiates any actionat law or in c::quityto
enforce or interpret the terms and conditions of this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys' fees and costs in addition to any
other relief to which it may otherwise be entitled. If any person or entity not a party
to this Agreement initiates an action at law or in equity to challenge the validity of
any provision of this Agreement or the Project Approvals, the parties shall cooperate
in defending such action. DEVELOPER shall bear its 'own costs" of defense as a real -
party in interest in any such action, and shall reimburse CITY for all reasonable court
costs and attorneys' fees eA'Pended by CITY in defense of any such action or other
.
Dublin/Alameda Development Agreement
for SummerGIen Project
Page II of 17
March 26, 1998
)b 1" ~/I
. proceeding.
17. Transfers and Assig:nments. --
17.1 Right to Assign. It is anticipated that DEVELOPER will
sell the Property to another developer. All of DEVELOPER'S rights, interests and
-obligations hereunder may be transferred, sold or assigned in conjunction with the
transfer, sale, or assignment of all of the Property subject hereto at any time during
the term of this Agreement, provided that no transfer, sale or assignment of
DEVELOPER's rights, interests and obligations hereunder shall occur without the
prior written notice to CITY and approval by the City Manager, which approval shall
not be unreasonably withheld or delayed. The City Manager shall consider and
decide the matter within 10 days after DEVELOPER's notice, provided all necessary
documents, certifications and other information are provided to the City Manager.
.
17.2 Release Upon Transfer. Upon the transfer, sale, or
assignment of all of DEVELOPER's rights, interests and obligations hereunder
pursuant to subparagraph 17.1 of this Agreement, DEVELOPER shall be released
from the obligations under this Agreement, with respect to the Property transferred,
sold, or assigned, arising subsequent to the date of City Manager approval of such
transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or
assignee approved by the City Manager e>...'Pressly assumes all of the rights, interests
and obligations of DEVELOPER under this Agreement, DEVELOPER shall be
released with respect to all such rights, interests and assumed obligations. In any
event, the transferee; purchaser, or assignee shall be subject to all the provisions
hereof and shall provide all necessary documents, certifications and other necessary
information prior to City Manager approval.
17.3 Developer's Right to Retain Specified Rights or
Obligations. Notwithstanding subparagraphs 17.1 and 17.2 and paragraph 18,
DEVELOPER may withhold from a sale, transfer or assigrnnent of this Agreement
certain rights, interests and/or obligations which DEVELOPER shall retain, provided
that DEVELOPER specifies such rights, interests and/or obligations in a written
document to be appended to this Agreement and recorded with the Alameda County
Recorder prior to the sale, transfer or assignment of the Property. DEVELOPER's
purchaser, transferee or assignee shall then have no interest or obligations for such
rights, interests and obligations and this Agreement shall remain applicable to
DEVELOPER with respect to such retained rights, interests and/or obligations.
.
Dublin/Alameda Development Agreement
for SummerG1en Project
Page 12 of 17
March 26, 1998
I ? rf. ill
17.4 Permitted Transfer. Purchase or Assienment. 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 C! deed .of trust encumbering
DEVELOPER'S interest in the Property shall not require City Manager approval
pursuant to the provision of paragraph 17.1. Any subsequent transfer, sale or
assignment by the Purchaser to a subsequent transferee, purchaser, or assignee shall
-be subject to the provisions of paragraph 17.1.
17.5 Termination of Agreement Upon Sale of Individual Lots to
Public.
Notwithstanding any provisions of this Agreement to the contrary, the
burdens of this Agreement shall terminate as to any lot which has been finally
subdivided and individually (and not in "bulk") leased (for a period of longer than one
year) or sold to the purchaser or user thereof and thereupon and without the
execution or recordation of any further document or instrument such lot shall be
released from and no longer be subject to or burdened by the provisions of this
Agreement; provided, however, that the benefits of this Agreement shall continue to
run as to any such lot until a building is constructed on such lot, or until the
termination of this Agreement, if earlier, at which time this Agreement shall .
terminate as to such lot.
18. Agreement Runs with the Land.
n All of the provisions, rights; terms, covenants,. and obligations
contained in this Agreement shall be binding upon the parties and their respective
heirs, successors and assignees, representatives, lessees, and all other persons acquiring
the Property, or any portion thereof, or any interest therein, whether by operation of
law or in any manner whatsoever. All of the provisions of this Agreement shall be
enforceable as equitable servitude and shall constitute covenants nmning with the
land pursuant to applicable laws, including, but not limited to, Section 1468 of the
Civil Code of the State of California. Each covenant to do, or refrain from doing,
some act on the Property hereunder, or with respect to any owned property,.(a) is for
the benefit of such properties and is a burden upon such properties, (b) runs with
such properties, and (c) is binding upon each party and each successive owner during
its ownership .of such properties or any portion thereof, and shall be a benefit to and a
burden upon each party and its properly hereunder and each other person succeeding
to an interest in such properties.
.
Dublin/Alameda Development Agreement
for SurnrnerGlen Project
Page 13 of 17
March 26. 1998
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19. Bankruptcy.
"The obligations of iliis Agreement shall riot be dischargeable in " "
bankruptcy.
20. Indemnification.
DEVELOPER agrees to indemnify, defend and hold harmless CITY,
and its elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal fees and
costs) and liability for any personal injury or property damage which may arise
directly or indirectly 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 wiili the construction, improvement, operation, or
maintenance ofilie Project, provided iliat DEVELOPER shall have no
indemnification obligation wiili respect to negligence or wrongful conduct of CITY,
its contractors, subcontractors, agents or employees or wiili respect to the
maintenanc:e, use or condition of any improvement after ilie 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).
21. Insurance.
21.1 Public Liability and Property Damage Insurance. During
the term of this Agreement, DEVELOPER shall maintain in effect a policy of
comprehensive general liability insurance with a per-occurrence combined single limit
of not less ilian one million dollars ($1,000,000.00) and a deductible of not more
than ten iliousand dollars ($10,000.00) per claim. The policy so maintained by
DEVELOPER shall name ilie CITY as an additional insured and shall include eiilier a
severability of interest clause or cross-liability endorsement. Notwiilistanding the
foregoing, as long as ilie Surplus Property Authority of Alameda County is the
"Developer" it may self insure to satisfy the foregoing requirements.
21.2 Workers Compensation Insurance. During the term of this
Agreement DEVELOPER shall maintain"Worker's Compensation insurance for all
persons employed-by DEVELOPER for work at the Project site. DEVELOPER shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. DEVELOPER agrees to
indemnify the City for any damage resulting from DEVELOPElts failure to maintain
Dublin/J\.1ameda Development Agreement
for SummerGlen Project
Page 14 of 17
March 26. 1998
/fP("o//
any such insurance.
.
21.3 - Evidence of Insurance.. Prior to. Ci_ty (::ow:t-cil approval of
this Agreement, DEVELOPER shall furnish CITY satisfactory evidence of the
insurance required in Sections 21.1 and 21.2 and evidence that the carrier is required
to give the CITY at'least fifteen days prior written notice of the cancellation or
-reduction in coverage of a policy. The insurance shall extend to the CITY, its' elective
and appointive boards, commissions, officers, agents, employees and representatives
and to DEVELOPER performing work on the Project.
22. Sewer and Water.
DEVELOPER acknowledges that it must obtain water and sewer
permits from the Dublin San Ramon Services District ("DSRSD") which is another
public agency not within the control of CITY.
23. Notices.
All notices required or provided for nnder this Agreement shall be in
writing. Notices required to be given to CI1Y 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:
Patrick Cashman
Project Director
Surplus Property Authority of Alameda Connty
225 W. Winton Avenue, Room 151
Hayward, CA 94544
and
Adolph Martinelli
Director of Planning_ _.
Connty of Alameda
399 Elmhurst Street
Hayward, CA 94544
.
Dublin/Alameda Development Agreement
for SummerGlen Project
Page 15 of 17
March 26. 1998
/:, ,../ ~/ I
rI -' -;;
. A party may change address by giving notice in writing to the other party and
thereafter all notices shall be addressed and transmitted to the new address. Notices
shall be deemed given- and received upon personal delivery, or if mailed, upon the -
expiration of 48 hours after being deposited in the United States Mail. Notices may
also be given by overnight courier which shall be deemed given the following day or
by facsimile transmission which shall be deemed given upon verification of receipt.
24. Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement
of the parties.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description of Property
.
Exhibit B Additional Conditions
Exhibit C Off Site Improvements
26. . Counterparts.
This Agreement is executed in two (2) duplicate originals, each of
which is deemed to be an original.
27. Recordation.
CITY shall record a copy of this Agreement within ten days
following execution by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
.
Dublin/Alameda Development Agreement
Jor SummerGlen Project
Page 16 of 17
March 26. 1998
CITY OF DUBLIN:
By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
City Attorney
SURPLUS PROPERTY AUTHORITY
OF ALA1v1EDA COUNTY:
Adolph Martinelli
. .. Its Manager
APPROVED AS TO FORM:
Attorney for Surplus Property
Authority of the County of Alameda
;; / e{ If I
1/
Date:
Date:
Date:
(NOTARIZATION ATTACHED)
EHS:rja
J:\WPD\MNRSW\114\106\AGREE\SUMMERDACLN
Dublin/Alameda Development Agreement
for SummerGlen Project
Page 1 7 of 17
March 26, 1998
.
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.
. CALIFORNIA ALL..PURPOSE ACKNOWLEDGMENT ::- J. ....; 1../ (
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t('; !:rpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person~ \>)1
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~ and acknowledged to me that helil're!/tJ;tey executed the :'S
~ same in his~r authorized capacity~, and that by ~
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~ or the entity upon behalf of which the perso~ acted, ~
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~ WITNESS my hand and official seal. g
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<ti 1995 N"lional Notary Association. 8236 Remmel Ave.. P.O. Box 7184. Canoga Park. CA 91309.7184
Prod. No. 5907
Reorder: Call TolI.Free 1-800.876,6827
;L ~ :7; C-//
Uria.n Kangas Foulk
Engineers.. ..surveyors.. Planners
June 12, 1997
- BKFJob. No.940l58-14 --~"
.
PROPERTY DESCRIPTION
FOR PARCEL lIB
SANTA IUT A PROPERTY, DUBLIN
All that certain real property situate in the City of Dublin, County of Alameda, State of California,
described as follows:
BEING a portion of the Remainder Parcel as said Parcel is shown on that certain map entitled
"TRACT 6822, CALIFORNIA CREEKSIDE", filed November 13, 1996, in Book 227 of Maps at
Pages 41 through 56, inclusive, in the Office of the Recorder of Alameda COWlty, State of California.
said portion being more particularly described as follows:
COMMENCIN'G at the most nortlwiesterly comer of Central Parkway (106 foot wide right of way)
as shown on sheet 7 of said Tract Map;
THENCE from said POINT OF COMMENCEMENT easterly along the northerly right of way line
of said Central Parkway as shown on said map South 88048'09" East 85.00 feet; THENCE leaving
said northerly right of way line of Central Parkway North 01011'51" East 726.00 feet to the POINT
OF BEGThJNIN'G;
.
THENCE North 01011'51" East 30.00 feet; THENCE North 88048'09" West 30.00 feet; THENCE
along a curve to the right having a radius of 450.00 feet through a central angle of 46054'34"-, an arc-- - -
distance of 368.43 feet to a point of reverse curvature; THENCE along said reverse curve having a
radius c:>f 450.00 feet through a central angle of 46014'07", an arc distance of363.13 feet; THENCE
North 88007'41" West 99.09 feet to the easterly right of way line of Hacienda Drive (right of way
width varies) as shown on that certain map entitled "PARCEL MAP 7042" filed March 31, 1997,
in Book 229 of Parcel Maps at Pages 50 through 54, inclusive, Alameda County Records; THENCE
northerly along said easterly right of way line of Hacienda Drive the following three (3) courses: 1)
North 01011 '51" East 353.94 feet; 2) South 88048'09" East 5.00 feet; 3) North 01011'51" East 377.39
feet; THENCE leaving said easterly right of way line of Hacienda Drive North 46029'08" East 36.92
feet 10 a point on a line that is parallel with and distant 77.00 feet southerly, measured at right angles,
__ from the monwnent line of Gleason Drive (fomlerly kno\vn as 7th Street) as said monument line is
ShO\1v'l1 and monumented on the unrecorded plans entitled ttAlanleda County Public \"'orb Project
#9078U, Santa- Rita, \Vater & Sanitary Se~ler Extensicins. qleason Drive and BGlITlet Blvd." by G.T.
- Kuntz dated April 15, 1994; THENCE along said parallel line the following five (5) courses: 1)... -
South 88013'36" East 1487.76 feet; 2) along a curve to the right having a radius of 547.00 feet
through a central angle of33016'45", an arc distance of3.17.7l feet; 3) South 54056'51" East 395.53
feet; 4) along a curve to the left having a radius of 653.00 feet through a central angle of 33049'39", .
EXHIBIT "A"
Page 1 of2
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;1 I ~!; ,I
V
.
JWle 12, 19~
~ -- BKF Project No. 940158-14
Property Description for Parcel 11 B
an arc distance of 385.53 feet; 5) South 88046'30" East 43.77 feet; THENCE leaving said pm.allel
iine South 36001'10" West 164.93 feet; THENCE South 11 043'18" West 2l2.55 feet; THENCE
South 25001'27" \Vest 75.47 feet; THENCE South 18020'13" West 69.80 feet; THENCE South
45002'23" West 94.12 feet; THENCE South 26033'21" West 161.75 feet; THENCE South 09015'45"
West 188.87 feet; THENCE South 00015'23" East 275.53 feet; THENCE South 03054'53" East
205.06 feet to said northerly right of \\'ay line of Central Parkway; THENCE along said northerly
right of way line North 88048'09" West 853.07 feet to a point which bears South 8804.8'09" East
685.00 feet from said Point ofConmlencement; THENCE leaving said northerly right of way line
of Central Parkway North 01011'51" East 726.00 feet; THENCE North 88048'09" West 600.00 feet
to the POINT OF BEGIN'N"ING. Containing an area of65.510 acres, more orless.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit Al
TIlis property description has been prepared by me, or under my direction, in cOnfOrnlaDCe with the
Professional Land Surveyors Act and shall not be utilized in any conveyance which violates the
. Subdivision Map Act ofthe State of California or local ordinances.
This description was prepared from record data for Brian Kangas Foulk.
By:. .
HwvP- f;/~.iJ.cJ c;~ .
Paul Kittredge, PL~No. 5790
License Expires: 06/30/00
6//z-/tf.7'
k:\Survcy\940 lSE.SO\lcgals\pcl.11 b.l:;1
.
EXHIBIT "A"
Page 2 of2
...
:..
1- = 400'
'I
- -
REMA1NDER PARCEL
.
J-S ~ ~/
GRAPHIC SCALE
'DO
l
200
,
. ~,
o
,
..
( IN FEET )
1 inch = 400 fL - -
CREEK
5 88'46'30M E
43.77'
fj. = 33"49'39M
R = 653.00'
L = 385.53'
5 25'01 '27" W
75.47'
5 18"20"YW. - ,- ,__d.n_
S<6.,.69.80' T ASSAJARA
o.JJ'
'61. >j!"Jy 500" 5'23"[
275.53'
5 45'02'23" W
94.'2'
. 'v
V;J"" :...
f.ry- .V;J
"')0) .V;Jfo
~
'?
fj. = 33.'6'45"
R = 547.00'
L = 3'7.7"
PARCEL 11A
65.510 ACRES :t
N 01'"'5''' [
3=
10
W~
> co
-<r
FUTU~E cr -
RIGHT OF WAY 0
-
.0 01
o P
o co
o ~
N 01'".5,M E 10 g5
.30.00'
N 88.48'09" W
30.00'
N 0,.,1'5'" [
726.00'
z
0 W
-- (/)
<( 10
W ,..,
-.J ,..,
C) :-
co
I co
Vl
205.06'
503'54'53"E 1'11'1
i-.. Lf'llf)
o
..;
I,()
co
STRE~T
DEDICA TION
PER T.M. 6822
3=
en
p>-
~<(
to~
co~
Zo::
726.00' <:t:
0....
TRACT MAP
NO. 5822
227 MAPS 4}
-l
<:t:
0:::
I-
~ .
5 86.48'09" E
85.00'
H/BERNIA DRIVE
1:::,. := 46'54'34"
R = 450.00'
L = 368.43'
POINT OF
BEGINNING
POINT OF
COMMENCEMENT
1:::,. = 46"4'07"
R = 450.00'
L = .363.13'
3TK;:ET
DEDICA TION
PER ? _II.. 7042
N 46.29'08" E
36.92'
_/- NOl'" '5,"E
Lf'l 377.39'
~2 ,4 '
57' 57' HACIENDA ;;,DRIVE ~~:
S 85.48'09" E
_ _ 5.00'
I ' pARCEL MAP
, NO. 7042
229 P.M. 50
PARCEL MAP
NO. 7125
( PEND1NG)
Co':.:-
tOLf'l
;ill'
71'
REMA1NDER PARCEL
BrIan Kangas Fwlk
E.n;in..rs . SUrv.YD~ . Plcnn.n;
2737 North Mo.in Street
Suite 200
\Jolnut Creek, CA 94596
510/937-6202
_ 510/937-6260 CFAX)
Sub j eel
Job No.
Sy MLM
EXHIBIT Al
PLA T TO ACCOMPANY
PROPERTY D[SCRIPTION
940158-14
Dot e 06/12/97 Chkd. 'PAK
SHEET 1 OF 1
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if _:::r 'II
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EXHIBIT B
. Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
h 5.3.1 p- Subse uent Discretiona
rovals
None.
Subparagraph 5.3.2 -- Mitigation Conditions.
Subsection a.
Infrastructure Sequencing Program
The Infrastructure Sequencing Program for the Project is set forth below. Offsite
improvements are depicted in :Exhibit C.
(i) Roads:
Unless otherwise specified, the project-specific roadway improvements
(and offers of dedication) identified in this Agreement and in the Traffic Study for
the SummerGlen project dated November 19, 1997], prepared for the City of Dublin
by TJKM Transportation Consultants, which are described below, shall be completed
by DEVELOPER to the satisfaction of the Public Works Director at the times
specified below:
A. Improvements to be Constructed Prior to Certificate of
Occupancy
1. Tassajara Road (1-580 to North of Dublin Boulevard)
Prior to issuance of a Certificate of Occupancy for the first
building in Phase II, Tassajara Road shall be widened to four through lanes between
Dublin Boulevard and 1-580. The widening shall consist of: twO northbound lanes,
twO southbound lanes, two northbound left-turn lanes and twO shoulders. The
'widening shall eA"'tend north of Dublin Boulevard with smooth transition to existing
conditions and shall include relocation of the existing traffic signal at Dublin
Boulevard.
Dublin/Alameda Development Agreement
for Summer Glen Project - Exhibit B
Page 1 of 14
March 31, 1998
"(.,:; ? 7/
(/-- :.-;
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2. Gleason Drive From Hacienda Drive to Tassajara Creek
Prior to issuance of a Certificate of Occupancy for the first ,
building in Phase II. a portion of the ultimate southern half of Gleason Drive shall be
constructed from Hacienda Drive to Tassajara Creek consisting generally of two 12-
foot travel lanes, one 8-foot emergency parkinglbike lane, and a 12-foot wide
landscaped parkway area including a minimum of a 5-foot wide sidewalk. The
improvement shall include transitions from the easterly property line to existing
Gleason Drive per a design approved by the Director of Public Works. The north
side of Gleason Drive shall be overlaid with 2" of asphalt.
B. Improvements to be Constructed Prior to Building Permit
I. Traffic Signals at the Project's Entrance (Hacienda Drive
and "s" Street
DEVELOPER will pay CITY $45,000 at the time of issuance .
of the first building permit to fund one quarter of the cost of a traffic signal at
Hacienda Drive and "5" Street. If the total cost of the signal (induding construction,
interconnecq.ons,_ design and contingencies) is in excess of $45,000, DEVELOPER
shall pay the difference to CITY within 30 days of demand therefore. If the total cost
of the signal is less than $45,000, CITY shall refund the difference to DEVELOPER
"ithin 30 days' of acceptance of the signal by the City. The provisions of this
paragraph shall survive termination of this Agreement. DEVELOPER'S obligation
nnder this paragraph shall terminate if and when the full cost of the traffic signal is
provided for and guaranteed by DEVELOPER or others.
C. Improvements Needed at Time of Development of Other
Proj ects
1. 1-580 at Santa Rita RoadfTassajara Road Eastbound Off
Ramp. .
The Public Works Director shall determine when the
eastbound off-ramp from 1-580 at the Santa Rita!Tassajara Road exit shall be widened
.
Dublin/Alameda Development Agreement
for Summer Glen Project. Exhibit B
Page 2 of 14
March 31, 1998
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or restriped to provide one exclusive through lane and two left-turn lanes (with the
existing free right-turn lane remaining). In conjunction with this improvement, the
traffic ~igTI.al sho~ld ~e !llodifieduto provid~ protected left-tum phasing on the east.- -.
and west legs (removing the existing split phasing). The Public Works Director shall
also determine when the westbound approach on Pimlico Drive will need to provide a
second left tum lane.
Within one year of notification by the Public Works Director,
unless otherwise constructed by others and provided consent from Caltrans and the
City of Pleasanton, if necessary, has been obtained, DEVELOPER shall design and
construct these improvements to the satisfaction of the Public Works Director with
input from the City of Pleasanton where applicable. To the eA'tent practical, the
notice shall b~ timed so that the work shall be completed immediately prior to the
point where Level of Service E occurs.
2. Dublin Boulevard West of the Project
The DEVELOPER shall extend the new alignment for Dublin
Boulevard from the BART westerly access road to Hacienda Drive (at Dublin
Boulevard adjacent to the Hacienda Crossings Project) to four lanes including 8'
shoulder.
DEVELOPER shall construct a minimum of 5 foot wide
pedestrian path on the north side of Dublin Boulevard from Hacienda Drive to the
SP right-of-way.
Within one year of notification by the Public Works Director,
DEVELOPER shall design and construct these improvements to the satisfaction of
the Public Works Director. To the extent practical, the notice shall be timed so that
the work shall be completed immediately prior to the point where Level of Service E
occurs.
3. Traffic Signal -- Tassajara Road at Gleason Drive
. .
DEVELOPER Will-construct the traffic signal at Tassajara
Road and Gleason Drive, unless constructed by others. Within one year of
notification from the ,Public Works Director DEVELOPER shall construct such
Dublin/Alameda Development Agreement
for Summer Glen Project - Exhibit B
Page 3 of 14
March 31, 1998
/" r7 ~.."
. (/,'-
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signal.
.
D: Miscellaneous.-
The obligations of subsection C (1), (2) and (3) above shall be of
no force or effect until DEVELOPER obtains the first building permit for the Project.
-Once effective, such obligations shall survive termination of this Agreement.
City shall provide a credit to DEVELOPER for the cost of the
improvements specified in subparagraph (C)(I), (2) and (3) above in the manner, at
the times and subject to the conditions provided in Subparagraph 5.3.6(a), (b) and
(c).
.Within sixty (60) days of the Effective Date, DEVELOPER shall
provide CITY with security for the costs of design and construction of the
improvements described in subparagraph C( 1) above in an amount satisfactory to the
Public Works Director. The security shall consist of a document, satisfactory to the
City Attorney, pledging DEVELOPER'S existing credits against payment of the traffic
impact fees as serurity. The security required by the preceding sentences is not a
substitute for the Improvement Agreement and bonds required by Subparagraph .
5.3_2, subsection (b) (ii) and (iii) below.
The CITY may impose a condition on future projects which
benefit from the improvements described in subparagraph C (1) to contribute such
future project's share -of the -cost of the improvement, provided the improvement is
not constructed by DEVELOPER prior to the approval of such future projects.
DEVELOPER shall be responsible for transitioning existing
improvements to match improvements required by this Agreement, including
dedications, to the satisfaction of the CITY's Public Works Director.
(ii) Sewer
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with the tentative
subdivision map and DSRSD requirements.
.
Dublin/Alameda Development Agreement
for Summer Glen Project - Exhibit B
Page 4 of 14
March 31,1998
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(iii) Water
-- --- - - -- - - An"all weath-er roadway and an approved" hydrant. arid ~ater s:upply- - -- -
system shall be ava.Iiable and in service at -the site in accordance with the tentative
subdivision map to the satisfaction and requirements of the CITY's ?-re department.
All potable water system components to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with the tentative
subdivision map and DSRSD requirements.
Recycled water lines shall be installed in accordance with the tentative
subdivision map.
(iv) Storm Drainage
Prior to issuance of the first Certificate of Occupancy for any building
which is part of the Project, the storm drainage systems off site, as well as on site
drainage systems to the areas to be oCOlpied, shall be improved to the satisfaction
and requirements of the Dublin Public Works Department applying CITY's and Zone
7 (Alameda County Flood Control and Water Conservation District, Zone 7)
standards and policies which are in force and effect at the time of issuance of the
permit for the proposed improvements and shall be consistent with the Drainage
Plan. The site shall also be protected from storm flow from off site and shall have
_ e~os~o!l c:~n~ol measures in place to protect downstream facilities and properties from
erosion and uncl.ean- storm water- consistent with the Drainage Plan. As used herein,
"Drainage Plan" shall refer to CITY's master drainage plan.
(v) Other Utilities e. . as electri itv cable televisions
Construction shall be complete by phase prior to issuance of the first
Certificate of Occupancy for any building within that specific phase of occupancy.
-- -
Subsection b.
Miscellaneous
-(i) Completion May be Deferred. -
--..
Notwithstanding the foregoing, CITYs Public Works Director may, in
his or her sole discretion and upon receipt of documentation in a form satisfactory to
- the Public Works Director that assures completion, allow DEVELOPER to defer
Dublin/Alameda Development Agreement
for Summer Glen Project. Exhibit B
Page 5 of 14
March 31, 1998
pi ;.t '/ I
completion of discrete portions of any of the above public improvements until after
final inspection of the first building permit for the Project if the Public Works
_Director:_q~termines. th~t to do so would not jeopardize the public health; safety or
welfare.
.
(ii) Improvement Agreement
Prior to constructing the Improvements described in Subparagraph
5.3.2(a) above, DEVELOPER shall submit plans and specifications to CIITs Public
Works Director for review and approval and shall enter into an improvement
agreement with CITY for construction and dedication of the public facilities. All such
improvements shall be constructed in accordance with City's standards and policies
which are in force and effect at the time of issuance of the permit for the proposed
improvements.
In the event that CITY enters into an Improvement Agreement with
an optionee of DEVELOPER and accepts bonds from a surety who is obligated to
such optionee and the option to purchase the Property is not exercised, DEVELOPER
shall remain obligated to construct the improvements which were the subject of the
Improvement Agreement. DEVELOPER agrees that in that event it will not be .
entitled to a building permit for any building(s) on the Property until the
improvements are constructed or DEVELOPER enters into an Improvement
Agreement with CITY secured by bonds, as specified in (iii) below. This paragraph
shall survive termination of the Agreement.
(iii) Bonds
Prior to execUtion of the Improvement Agreement, DEVELOPER (or
its optionee, with the approval of the Public Works Director) shall provide a cash
monument bond, a performance bond and labor and materials bond or other
adequate security to insure that the Improvements described in Subparagraph..
5.3.2(a)(i)(A) and (B) above will be constructed prior to the times specified above.
The performance bond or other security shall be in an amount equal to 100% of the
engineer's estimate of the cost to construct the improvements (iricluding design,
engineering, administration, and inspection) and the labor and materials bond shall
be in an amount equal to 50%. of the engineer's estim~~e.Th~_bonds shall be written
- by a surety licensed to conduct business in the State of California and approved by
CrTIs City Manager.
.
Dublinl}Jarneda Development Agreement
. for Summer Glen Project. Exhibit B
Page 6 of 14
March 31, 1998
.
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Jj .~ til
(iv) Right to Construct Additional Road Improvements
_.. "___" ._..._n." Witll.tl1e.pIior writt~n ~9n~e!.1t.~f..~ITY's Pub~ic Wo!"~ D~rector,
DEVELOPER may construct roadway improvements which are not described in this
Exhibit B if such improvements are described in the resolution establishing the
Eastern Dublin Traffic Impact Fee and if such improvements are constructed in their
-ultimate location.
DEVELOPER shall be required to enter into an Improvement Agreement and
provide bonds for such improvements, as provided in Subsection (b)(ii) and (Hi)
above, prior to construction. CITY shall provide a credit to DEVELOPER for the
cost of such improvements in the manner and subject to the conditions provided in
Subparagraph 5.3.6, Subsections (a), (b) and (c).
Subparagraph 5.3.3 -- Phasing. Timing
DEVELOPER intends to construct the Project in phases. Each succeeding phase
wi11 be constructed to function in harmony with the previous phase(s).
With the exception of the road improvements described in Subparagraph
5.3.2(a)(i) this Agreement contains no requirements that DEVELOPER must initiate
or complete development of any phase within any period of time set by CITY. It is
the intention of this provision that DEVELOPER be able to develop the Property in
accordance with its own time schedules and the Project Approvals.
-.. - ~_. --_...~- - .
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Subparagraph 5.3.4 -- Financing Plan
DEVELOPER will install all street improvements necessary for the Project at its
O\vn cost (subject to credits for certain improvements as provided in Subparagraph
5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and recycled
.\Yater services to the Project will be made available by the Dublin San Ramon
Services District. DEVELOPER has entered into an "Area Wide Facilities Agreement"
with the Dublin San Ramon Services District to pay for the cost of extending such
services to the Project. Such services shall be prqvided as set forth in Subparagraph
5.3.2(a)(ii) and (iii) above~
Dublin/Alameda Development Agreement
for Summer Glen Project - Exhibit B
Page 7 of 14
March 31.1998
31 ..{ 1/
Subparagraph 5.3.5 -~ Fees. Dedications
.
.. Subsection a.
Traffic Impact Fees.
DEVELOPER shall pay all traffic impact fees applicable to the Project
which are in effect at the time of issuance of any building pennit for the Project.
-Such fees include the Traffic Impact Fee for Eastern Dublin established by Resolution
No. 41-96, including any future amendments to such fee.
DEVELOPER and CITY acknowledge that DEVELOPER is entitled to
certain credits (" 1991 Credits") against payment of the Traffic Impact FEc for Eastern
Dublin by separate agreements previously entered into between DEVELOPER and
CITY in 1991. DEVELOPER is also entitled to certain other credits ("Prior
Agreement Credits") against payment of the Traffic Impact Fee for Eastern Dublin by
other development agreements entered into between DEVELOPER and CITY.
DEVELOPER agrees that, notwithstanding its entitlement to such 1991 Credits, its
1991 Credits cannot be applied against payment of the "Section 2" and "Section 3"
portion of the Traffic Impact Fee for Eastern Dublin. DEVELOPER (and its
assignee) will, rather, pay the "Section 2" and "Section 3" portion of the fee in cash.
.
DEVELOPER further agrees that it (and its assignee) will use tl1e 1991
Credits and/or Prior Agreement Credits against one-half (lh) of the "Section 1"
portion of the Traffic Impact Fee for Eastern Dublin. CITY shall detennine which of
the 1991 Credits and/or Prior Agreement Credits shall be used pursuant to this
- paragraph. . __ _ _
Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freeway
Interchanges.
. DEVELOPER shall pay the Eastern Dublin 1-580 Interchange Fee
established by City of Dublin Resolution No. 11-96 or any subsequent resolution
which revises such Fee. DEVELOPER shall be released from its obligation, as set
forth in the preceding sentence, if a lawsuit is filed challenging the Project approvals,
this Agreement, the City's compliancewithCEQA for the Project, the Eastern Dublin
Traffic Impact Fee or any other aspect of the development of the Property.
In the event that the Eastern Dublin 1-580 Interchange Fee does not
become effective because CITY and the City of Pleasanton do not enter into an
.
Dublin/Alameda Development Agreement
for Summer Glen Project - Exhibit B
Page 8 of 14
March 31, 1998
From;Elizabeth H. Silver
(5101351-4481
Page 2/2
~4/~9/9~ 14;45 To;Dennis Corrington
e
ie
eH
A {,/ d t..//
;/7 V
agJ:eement, as provided in Resolution No- 11.96, by Dec~mber 30-; 1998,
DEVELOPER agrees that CITY may use the funds collected pursuant to the
preceding paragraph, together with any similar Eastern Dublin 1-580 Interchange Fee
iunds collected pursuant to other development agreements betvleen DEVELOPER
and CITY, for any interchange improvements on 1-580.
Subsection c.
Public Facilities Fees.
DEVELOPER shall pay a Public Facilities Fee in the amounts and at the
times set forth in City of Dublin Resolution No. 32-96, adopted by the City Council
on March 26, 1996, or in the amounts and at the times set forth in any resolution
n~\ising the amount of the Public Facilities Fee. Notwithstanding the preceding
sentence, the amount of the Public Facilities Fee shall be reduced by the "Community
Parks, Land" and "Neighborhood Parks, Land" component and City shall. reduce the
a-edit of 9.07 acres to which DEVELOPER is entitled under the "Development
Agreement Between the City of Dublin and the Surplus Property Authority of the
County of .Alameda for the Villas at Santa Rita Project" (recorded Oct. 16, 1997) by
5.55 acres, which will leave a balance of 3.52 acres (Le.; the dedication by the
DEVELOPER of such 5.55 acres shall fully satisfy the "Community Parks, Land" and
":-Jeighborhood Parks, Land" component of the Public Facilities Fee)-
_ In the event that CITY is required to acquire any land in Eastern Dublin owned
by DEVELOPER for park purposes by agreement or condemnation, DEVELOPER ,.-"
agrees that it v:ill not claim that the property to be acquired has a value greater than .,'"':--'
the land values used by CITY in establishing the amount of its then-cun'ent Public
Facilities Fee. CITY agrees that the land values used by CIIT in establishing the
Public Facilities Fee v,rill be reappraised in a regular basis, as needed, but in no event
'less than every five years, beginning January 1, 1995, 'This paragraph shall be
applicable to all land owned by DEVELOPER in Eastern Dublin and shall survive
telmination of this Agreement. ' -- - ,
Subsection d.
Noise Mitigation Fee;
DEVELOPER shall 'pay a NOIse Mitigation Fee in the amounts and at the
ti."'11es set forth in City of Dublin Resolution 'No. 33-96, adopted by the City Council
on March 26, 1996, and any amendments thereto.
DLlblin/i\.1ameda Development Agreement
f:;r Summer Glen Project. Exhibit B
Page 9 of 14
March 31, 1998
-J5 rti/
Subsection e.
School Impact Fees and Fire Impact Fees.
.
School impact fees shall be paid by DEVELOPER i~.~cc:.ordance with - - -
Government Code section 53080.
Subsection f.
Fire Impact Fees.
DEVELOPER shall pay a fire facilities fee in the amounts and at the times
set forth in City of Dublin Resolution No.3 7-97 or any subsequent resolution which
revises such fee.
Subsection g.
Regional Transportation Impact Fee.
In the event that the Tri-Valley Transportation Council recommends and
the City Council adopts a Regional Transportation Impact Fee to pay for regional
transportation improvements in the Tri-Valley area, DEVELOPER 'will pay any such
fee in effect at the time of issuance of any building permit or permits for the Project.
By so agreeing, DEVELOPER does not waive its rights to challenge the legality of any
such fee.
Subsection h. Specific Plan Implementation Fee
.
Prior to issuance of the first building permit for the Project, DEVELOPER
_ sl.!~.ll_ p_ay a "Specific Plan Implementation Fee" in accordance with Resolution No. 16-
98. - -- ,-- --- -- ---- -
Subsection i.
Dedications
DEVELOPER agrees to dedicate the following property required for
roadway improvements to CITY in fee simple and both the land and groundwater
shall be free of hazardous substances: -
1. Gleason Drive in front of the Property (104 feet in width);
2.-- Hibernia Drivefrom "S" Street to Central Parkway; and -
3. Any additional right of way necessary to construct the intersection
improvements and transitions listed in Subparagraph 5.3.2(a)(i)(A)(1), (2) and (3)
.
Dublin/Alameda Development Agreement
for Summer Glen Project - Exhibit B
Page 10 of 14
March 31,1998
'II
'2,/ ' I
.7:.:7 ~)
. above.
.
.
Dublin/J\1ameda Development Agreement
for Summer Glen Project - Exhibit B
Page 11 of 14
March 31, 1998
l? ~ 1/-
Subparagraph 5.3.6 -- Credit
.
Subsection a.
Traffic Impact Fee Improvements Credit
CITY shall provide a credit to DEVELOPER for the following
improvements if such improvements are described in the resolution establishing the
eastern Dublin Traffic Impact Fee and if such improvements are constructed by the
Developer in their ultimate location pursuant this Agreement:
I) Gleason Drive from Hacienda Drive to Tassajara Creek
(Subparagraph 5.3.2(a)(i)(A)(2) above).
The amount of the credit to be given shall be determined by CITIS
Public Works Director at the time of the Improvement Agreement referred to in
Subparagraph 5.3.2(b )(ii) using the costs of construction used by CITY in calculating
and establishing the Traffic Impact Fee. The amount of the credit, once established,
shall not be increased for inflation nor shall interest accrue on the amount of the
credit.
The credit shall be applied against the "Section 1" portion of the traffic .
impact fees required to be paid pursuant to Subsection (a) of Subparagraph 5.3.5.
The credit shall not be applied against the "Section 2" or "Section 3" portion of the
Traffic Impact Fee for Eastern Dublin.
Subsection b. Traffic Impact Fee Right-ot-Way Dedications Credit
CITY shall provide a credit to DEVELOPER for the following TIF area
right-of-way to be dedicated by DEVELOPER to CITY which is required for roadway
improvements which are described in the resolution establishing the Eastern Dublin
Traffic Impact Fee:
I) Gleason Drive in front of the Property
The amount of the credit to be given shall be detennined by CITIs Public
Works Director at the time of dedication of the right-of-way using the right-of-way
values used by- CITY in calculating and establishing the Traffic Impact Fee. The
aJnouhtof the credit, - once established, -shall not be increased for inflation nor shall
interest accrue on the amount of the credit.
.
Dublin/Alameda Development Agreement
for Summer Glen Project - Exhibit B
Page 12 of 14
March 31. 1998
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The credit shall be applied against the "Section 1" portion of the traffic
impact fees required to be paid pursuant to Subsection (a) of Subparagraph 5.3.5.
The credit shall not be applied against the "Section 2" or "Section 3" portion of the
Traffic Impact Fee for Eastern Dublin.
Subsection c.
Use of Excess Credits
In the event that credits referred to in Subsections (a) and (b) of this
Subparagraph 5.3.6 are in excess of the amount of credits which can be applied
against the traffic impact fee payable pursuant to Subsection (a) of Subparagraph
5.3.5 (Le., one-half of the "Section 1" portion of the Traffic Impact Fee for Eastern
Dublin), DEVELOPER shall be entitled to "bank" such credits (referred to as "Excess
Credits") and may use them as provided herein. The Excess Credits shall not bear
interest, nor shall the amount thereof be increased for inflation. The Excess Credits
may only be used for future projects on DEVELOPER'S "Santa Rita" property and
may only be applied against the "Section 1" portion of the said Traffic Impact Fee.
Subsection d. Illustrative Example
The following is an example for purposes of illustration only and not using
actual numbers of how the payment of the Traffic Impact Fee would be accomplished
in cash and through the use of credits:
Traffic Impact Fee
Section 1
Section 2
Section 3
$1,015,810
$ 304,740_
$ 130,600
Total:
$ 1 ,451 ,150
Credit forConsuuction of Improvements and Dedication of Right-of-Way
TIF Credits for Consuuction
(Exhibit B, ~5_3.6(a)) - $ 202,870
Right-of-Way credit
(Exhibit B, ~5.3.6(b)) $400,890
Total:
$603,760
Dublin/Alameda Development Agreement
for Summer Glen Project p Exhibit B
Page 13 of 14
March 31, 1998
~i f C/I
Payment of Traffic Impact Fees
. Section 1.
$507,905
paid by use of prior credits (" 1991
credits" and/or "Prior Agreement
Credits")
$507,905
paid by use of new credit for right-of-
way dedicated and road improvements
constructed as part of project
Section 2
$304,740 cash
Section 3
$130,600 cash
"Excess Credits" if any
(Exhibit B, 1f5.3.6 (c))
$95,855
Subparagraph 5.3. 7 ~- Miscellaneous
Subsection a.
Landscaping Maintenance Along Streets and Creek
CITY has formed a landscape maintenance district known as the
"Landscape Maintenance Assessment District No. 97-1 (Santa Rita Area)" pursuant
to a petition from DEVELOPER, and imposed an assessment against the Property to
pay for street and creek landscape maintenance. In addition, on September 24, 1996,
DEVELOPER recorded a Declaration of Covenants, Conditions and Restrictions
virhich covers the Property, whereby DEVELOPER, on behalf of itself and its
successors, has covenanted to pay a "Deed Assessment" to CITY for maintenance of
sueet arid creek landscaping.
J:\WPD\MNRSW\114\106\AGREE\EX_B.331
EHS:rja
Dublin/Alameda Development Agreement
for Summer Glen Project - Exhibit B
Page 14 of 14
March 31,1998
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