HomeMy WebLinkAboutOrd 09-05 PfeifferRanchPA02-024
ORDINANCE NO.9 - 05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*'*******.."'.
APPROVING A DEVEWPMENT AGREEMENT FOR PA 02-024
PFEIFFER RANCH INVESTORS II, INe. FOR SILVERA RANCH
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A The proposed Silvera Ranch Project to be developed by Pinn Brothers Fine Homes 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 Single
Family Density Residential, Medium Density Residential, Medium-High Density Residential, and Rural
Residentiall Agriculture.
B. A Development Agreement is required as an implementing measure of the Eastern Dublin
Specific Plan and by the Planned Development Zoning District P A 02-024.
C. Pursuant to the California Environmental Quality Act, it has been determined that the Project
is exempt rrom CEQA pursuant to Government Code section 65457 for residential projects that are
consistent with an adopted specific plan. This is based on the determination that there are no supplemental
impacts that would require preparation of a Supplemental EIR, as further documented in the project
record/documentation prepared by the City, dated October 2003, and incorporated herein by
reference. The project review found that the environmental impacts of the Silvera Ranch Project were
addressed by the approved Environmental Impact Report for the Eastern Dublin General Plan
Amendment and Specific Plan (SCH 91103064) which was certified by the Dublin City Council in
Resolution No. 51-93 and the Addenda dated May 4, 1993 and AUh'llst 22, 1994; along with the project-
specific Addendum for P A 02-024 dated October 2003.
D. The Development Agreement between the City of Dublin and Pfeiffer Ranch Investors n,
Inc., has been presented to the City Council, Exhibit A, and attached hereto.
E. A public hearing on the proposed Development Agreement was held before the Planning
Commission on January 25, 2005, for which public notice was given as provided by law.
F. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
G. A public hearing on the proposed Development Agreement was held before the City
Council on March I, 2005, for which public notice was given as provided by law.
H. The City Council has considered the recommendation of the Planning Commission who
considered the item at the January 25,2005 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.
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Section2.
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, (t) the addendum to the EIR for the Silvera Ranch Project, (g) 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 Single Family Density Residential, Medium Density Residentia~ Medium-High
Density Residential, and Rural Residentiall Agriculture, and the proposed project is a project consistent
with those land uses; (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 vesting of development rights, and similar provisions set forth in the
Specific Plan.
2. The Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the land use district in which the real property is located in that the project approvals
include a Planned Development Rezoning, Vesting Tentative Tract Map, and Site Development Review.
3. The Development Agreement is in conformance with public convenience, general welfare
and good land use policies in that the Silvera Ranch Project will implement land use b'llidelines set forth
in the Specific Plan and the General Plan which have planned for residential uses of varying densities and
a large amount of permanent open space 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 with the General Plan and with
the Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement, as contained in Exhibit A, and
authorizes the Mayor to sign the agreement accordingly.
Section 4. RECORDA nON
Within ten (10) days after the Development Agreement is fully executed by all parties, the City
Clerk shall submit the Agreement to the County Recorder for recordation.
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Sectio" 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places hi the City of Dublin in accordance with Section 36933 of the Government Code of the
State ofCalifomia.
PASSED AND ADOPTED BY the City Council ofthe City of Dublin, on this 15th day of March
2005, by the fol1owing votes:
AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Mayor Lockhart
NOES: None
ABSENT: Councilmember Zika
ABSTAIN: None
Mayor
K'/G/3-15-05/ord ').{)S PfeifferSilveraPinn (lOOm 6.2)
G:\pa#\2002\02-024\CC Ord DA
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City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Space above this line for Recorder's Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
PFEIFFER RANCH INVESTORS II, INC.
FOR THE SILVERA RANCH PROJECT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and
entered in the City of Dublin on this day of , 2005, by and between
the City of Dublin, a Municipal Corporation (hereafter "City"), and Pfeiffer Ranch
Investors II, Inc., a California corporation ("Developer"), pursuant to the authority
of §§ 65864 et seq. of the California Government Code and Dublin Municipal
Code, Chapter 8.56.
RECITALS
A. California Government Code §§ 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 with any person having a
legal or equitable interest in such property in order to establish certain
development rights in such property; and
B. Developer desires to develop and holds legal interest in certain real
property consisting of approximately 93.4 acres of land, located in the City of
Dublin, County of Alameda, State of California, and 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 .
C. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property; and
D. The Eastern Dublin Specific Plan requires Developer to enter into
this development agreement; and .
E. Developer proposes the development of the Property with 254
single-family homes along with 55.86 acres of land to be subjected to a
conservation easement or similar instrument (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 Planned Development District rezoning (City Council Ordinance No.
15-03), general provisions for the PO District rezoning including the
Development Plan (City Council Resolution No. 207-03), Vesting Tentative Map
for Tract 7441 (Planning Commission ["PC"] Resolution No. 03-48), and site
development review (PC Resolution No. 03-48), (collectively, together with any
approvals or permits now or hereafter issued with respect to the Project, the
"Project Approvals"); and
G. Development of the Property by Developer may be subject to
certain future discretionary approvals, which, if granted, shall automatically
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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
I. The City Council has found that, among other things, this
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 express
herein a development agreement that will facilitate development of the Project
subject to conditions set forth herein; and
K. On , the City Council of the City of Dublin adopted
Ordinance No. _ approving lhis Agreement. The ordinance took effect on
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. DescriDtion of ProDertv.
The Property that is the subject of this Agreement is described in Exhibit A
attached hereto.
2. Interest of Developer.
The Developer has a legal or equitable interest in the Property in that it
owns the Property in fee simple.
3. Relationship of Citv 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.
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4.1. Effective Q.ilte. 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 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 Propertv.
5.1. Riqht 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. Permlttgg. 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 of development applicable to
the Property, shall be those set forth in this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
5.3. 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 Di~1.Q@tionarv 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
other approvals from regulatory agencies.)
Not Applicable
5.3.2. Mitiqation 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. Phasinq. Timinq. 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.
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See Exhibit B
5.3.4. Financina Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5. Fª-~1ì. 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
5.3.7. Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules, Reaulations and Official Policies.
6.1. Rules re Permitted Uses. For the term of this Agreement, the City's
ordinances, resolutions, rules, regulations and official policies governing the
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 the Agreement.
6.2. BJ!I§.§Je Q~sian and Constl1JÇ.ljol}. Unless otherwise expressly
provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules,
regulations and official policies governing design, improvement and construction
standards and specifications applicable to the Project shall be those in force and
effect at the time of the applicable discretionary approval, whether the date of
that approval is prior to or after the date of this Agreement. 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 discretionary approval, whether date of approval is prior to or after
the date of this Agreement.
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
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Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project.
7. Subseauentlv Enacted Rules and Reaulations.
7.1. New Rules al')d Reaulations. 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 of
such new or modified ordinances, resolutions, rules, regulations or official
policies would not prevent, impose a substantial financial burden on, or materially
delay development of the Property as contemplated by this Agreement and the
Project Approvals and (b) if such ordinances, resolutions, rules, regulations or
official policies have general applicability.
7.2. Approval of Application. Nothing in this Agreement shall prevent
the City from denying or conditionally approving any subsequent land use permit
or authorization for the Project on the basis of such new or modified ordinances,
resolutions, rules, regulations and policies except that such subsequent actions
shall be subject to any conditions, terms, restrictions, and requirements expressly
set forth herein.
7.3. Moratorium Not Applicable. Notwithstanding anything to the
contrary contained herein, in the event an ordinance, resolution or other measure
is enacted, whether by action of City, by initiative, referendum, or otherwise, that
imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement 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. SubseÇ )!entlv Enacted or Revised Fees. Assessments and Taxes.
8.1. Fees~ Exactions. Dedicatjo.D§ 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 the Project Approvals and in this Agreement (including
ExhibitS). 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, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth in the
Project Approvals and this Agreement (including Exhibit S, subparagraph 5.3.5).
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8.2. Revised Applicatio[l 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 only; and (3) the
application of such fees would not prevent, impose a substantial financial burden
on, or materially delay development in accordance with this Agreement.
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.
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 and Developer does not return its ballot, Developer
agrees, on behalf of itself and its successors, that City may count Developer's
ballot as affirmatively voting in favor of such assessment, fee or charge.
9. Amendment or Cancellatipn.
9.1. Modification Because oCÇpnflict with State or Federal Laws. In the
event that state or federal laws or regulations enacted after. the effective date of
this Agreement prevent or preclude compliance with one or more provisions of
this Agreement or require changes in plans, maps or permits approved by the
City, the parties shall meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation.
Any such amendment or suspension of the Agreement shall be approved by the
City Council in accordance with Chapter 8.56.
9.2. Amendment bv 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.
9.3. Insubstantial Amendments. Notwithstanding the provisions of the
preceding paragraph 9.2, any amendments to this Agreement which do not relate
to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted
uses of the Property as provided in paragraph 5.2; (c) provisions for "significant"
reservation or dedication of land 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
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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. Amendm~ntof Proiect 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 some provision of this Agreement.
9.5. Cancellation bv Mutual CQJJ.sent. Except as otherwise 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 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 City.
10. Term of Proiect Approvals.
10.1. Pursuant to California Government Code Section 66452.6(a), the
term of the vesting tentative map described in Recital F above shall automatically
be extended for the term of this Agreement. The term of any other Project
Approval shall be extended only if so provided In 5xhibit B.
11. Annual Review.
11.1. Review Date. The annual review date for this Agreement shall be
between July 15 and August 15, 2005 and each July 15 to August 15 thereafter.
11.2. Initiation of Review. The City's 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' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of the Agreement. The
burden of proof by substantial evidence of compliance is upon the Developer.
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11.3. Staff Reports. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits concerning
contract performance at least five (5) days prior to any annual review.
11.4. Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the 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 occurrence of an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (30) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (30) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (30) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3. tlQ...Qarnaq!?§...AqajD.§t Citv. In no event shall damages be awarded
against City upon an event of default or upon termination of this Agreement.
13. Estoppel Certificate.
13.1. 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,
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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. Mortaaaee Protection: Certain Riqhts of Cure.
14.1. Mortaaaee Protectiol1. 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
("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.
14.2. Mortqaqee Not Obliaated. Notwithstanding the provisions of
Section 14.1 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 imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or 10 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 Mortqaqee and Extension 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 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
commence 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.
15.1. The unenforceability, invalidity or illegality of any provisions,
covenant, condition or term of this Agreement shall not render the other
provisions unenforceable, invalid or illegal.
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16. Attornevs' Fees and Cost~.
16.1. If City or Developer initiates any action at law or in equity to enforce
or interpret the terms and conditions of this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs in addition to any
other relief to which it may otherwise be entitled. If any person or entity not a
party to this Agreement initiates an action at law or in equity to challenge the
validity of any provision of this Agreement or the Project Approvals, the parties
shall cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse City for
all reasonable court costs and attomeys' fees expended by City in defense of any
such action or other proceeding.
17. Transfers and Assianments.
17.1. Riaht to Assian. Developer may wish to sell, transfer or assign all
or portions of its 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, however, that no such transfer, sale or
assignment of Developer's rights, interests and obligations hereunder shall occur
without prior written notice to City and approval by the City Manager, which
approval shall not be unreasonably withheld or delayed.
17.2. Approval and Notice of Sale, Transfet,9J: Ag;j91JI!leJJ!- The City
Manager shall consider and decide on any transfer, sale or assignment within ten
(10) days after Developer's notice, provided all necessary documents,
certifications and other information are provided to the City Manager to enable
the City Manager to determine whether the proposed Transferee can perform the
Developer's obligations hereunder. Notice of any such approved sale, transfer or
assignment (which includes a description of all rights, interests and obligations
that have beèn 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 with such sale, transfer or assignment.
17.3. É.ffe¡:t of Sale, Trªnsfer or Assianment. Developer shall be
released from any obligations hereunder sold, transferred or assigned to a
Transferee pursuant to subparagraph 17.1 of this Agreement, provided that a)
such sale, transfer or assignment has been approved by the City Manager
pursuant to subparagraph 17.1 of this Agreement; and b) such obligations are
expressly assumed by Transferee and provided that such 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 subparagraphs 17.1 and 17.2 ofthis Agreement.
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17.4. Permitted Transfer. Purchase or Assianment. 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 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 Aareel1.1ent Uoon Sale of ].ndividual 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. t\areement Runs with thej¿md.
18.1. All of the provisions, rights, terms, covenants, and obligations
contained in this Agreement shall be binding upon the parties and their
respective heirs, successors and assignees, representatives, lessees, and all
other persons acquiring the Property, or any portion thereof, or any interest
therein, whether by operation of law or in any manner whatsoever. All of the
provisions of this Agreement shall be enforceable as equitable servitude and
shall constitute covenants running with the land pursuant to applicable laws,
including, but not limited to, Section 1468 of the Civil Code of the State of
California. Each covenant to do, or refrain from doing, some act on the Property
hereunder, or with respect to any owned property, (a) is for the benefit of such
properties and is a burden upon such properties, (b) runs with such properties,
and (c) is binding upon each party and each successive owner during its
ownership of such properties or any portion thereof, and shall be a benefit to and
a burden upon each party and its property hereunder and each other person
succeeding to an interest in such properties.
19. Bankruotcv.
19.1. The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. jndemnification.
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project
729634.2
Page 12
DRAFT: March 15, 2005
20.1. 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 with the construction,
improvement, operation, or maintenance of the Project, provided that Developer
shall have no indemnification obligation with respect to negligence or wrongful
conduct of City, its contractors, subcontractors, agents or employees or with
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).
21. Insurance.
21.1. Public Liabilitv and ProDertv Damaae Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than one million dollars ($1,000,000.00) with a Twenty Five Thousand Dollar
($25,000) self insurance retention 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.
21.2. Workers ComDensation 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 Developer's failure to maintain
any such insurance.
21.3. Evidence of Insurance. Prior to City Council 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.
22.1. 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.
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project
12%34,2
Page 13
DRAFT: March 15. 2005
23. Notice§..
23.1. All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
Pfeiffer Ranch Investors II, Inc.
Attn: AI Pinn
1475 Saratoga Ave., Suite 250
San Jose, CA 95129
FAX No. (408) 252-2632
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. Aoreemen! is Entire Understandino.
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
Nielsen Driveway - Truck Turn-Around
Exhibit D
Nielsen Property Proposed Right Turn Pocket
Extension
DUblin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project
729634.2
Page 14
DRAFT: March 15, 2005
Temporary Bridge
Exhibit E
Exhibit F
Open Space/Conservation Easement Areas
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.
[Signature Page Follows]
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project
72963r1.2
Page 15
DRAFT: March 15, 2005
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY OF DUBLIN:
By:
Mayor
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
City Attorney
PFIEFFER RANCH INVESTORS II, INC.
a California corporation
By:
Print:
Its:
Date:
(NOTARIZATION ATTACHED)
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project
729634.2
Page 16
DRAFT: March 15, 2005
EXHIBIT A
Property Description
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
§.!,I.QQaraaraph 5.3.1 -- Subsequent Discretionary Approvals
None.
Subparaaraph 5.3.2 -- MitiQation Conditions
Subsection a.
Infrastructure SeQuencina ProQram
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. 03----48 of the City of Dublin Planning
Commission approving the Vesting Tentative Map for Tentative Tract Map 7441
and Site Development Review for PA 02-024 Pinn Brothers Homes, Silveria
Ranch Tassajara Road/Fallon Road (hereafter "TM Resolution") shall be
completed by Developer to the satisfaction of the Public Works Director at the
times and in the manner specified in the TM Resolution unless otherwise
provided below. All such roadway improvements shall be constructed to the
satisfaction and requirements of City's Public Works Director.
-Condition 29 [Traffic Studvl:
Condition 29 reads as follows:
Traffic Study. The Applicant/Developer shall construct all
necessary on-site and off-site traffic mitigation improvements as
discussed in A Traffic Study for the Proposed Silveria Ranch
Development in the City of Dublin prepared by T JKM
Transporlation Consultants. In addition to the Project-Specific
mitigations listed in the report, the Applicant Developer shall also
contribute a pro-rata share toward funding the following
improvements:
1. Adding a shared right/left-turn lane on the 1-580 Eastbound
Off-ramp at Hacienda Drive as identified in the East Dublin
Properties EIR.
2. Improvements for the intersection of Dublin
Boulevard/Dougherty Road as evaluated in the study under
DublinlPfeiffer Ranch Development Agreement Page 1
For the Silvera/Haight Projec~EXHIBIT B Draft: March 15, 2005
729634.2
Buildout conditions. The Applicant/Developer shall advance
to the City applicable monies for acquisition of right-of-way
and construction of the improvements assumed in the study.
The amount of money advanced to the City will be based on
the Applicant/Developer's fair share of the deficit (spread
over those projects which are required to make up the
deficit) between funds available to the City from Category 2
Eastern Dublin Traffic Irnpact Fee funds and the estimated
cost of acquiring the right-of-way and constructing the
improvements. The City will provide credit for the Category
2 Eastern Dublin Traffic Impact Fee to the
Applicant/Developer for any advance of monies made for the
improvements planned for the Dublin Boulevard/Dougherty
Road intersection.
When Required: Prior to acceptance of Improvements.
The City recently adopted an update to the Eastern
Dublin Traffic Impact Fee ("the updated TIF"), and the
improvements funded by the updated TIF include the shared
righVleft-turn lane on 1-580 eastbound off-ramp at Hacienda
Drive referred to in Condition 29 ("the Shared Turn Lane
Improvements"). Accordingly, notwithstanding anything to the
contrary in Condition 29, Developer shall in lieu of making the
payment required by Condition 29 associated with the Shared
Turn Lane Improvements pay (in cash or, at Developer's
discretion, to the extent permitted by Subsection 5.3.5.a, TIF
Credits) the updated TIF. Developer's payment of the updated
TIF shall be deemed to comply with Developer's payment
obligations in Condition 29 with respect to the Shared Turn Lane
Improvements.
With regard to the Dublin BoulevardlDougherty Road
Intersection Improvements, Developer shall provide CITY with
Developer's fair share, as determined by CITY on the basis of
the Project's trips, for the costs of design and construction of
Dublin Boulevard/Dougherty Road Intersection Improvements
by a payment to CITY in cash in the amount of the Project's fair
share of the deficiency, if any, between funds available to CITY
for CIP Project # 96852 [Dougherty Road/Dublin Blvd.
Intersection] and the cost of such project. Such payment to be
made within 30 days of written notice from the Public Works
Director, which notice will be given following bid opening. If
such payment is made prior to the issuance of building permits,
City shall provide a credit to Developer for funds advanced by
Developer pursuant to Condition 29. All aspects of the credit
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project-EXHIBIT B
729634.,2
Page 2
Draft: March 15, 2005
shall be covered by City's Administrative Guidelines for Eastern
Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF
Guidelines"). Notwithstanding the provisions of Section 4 of this
Agreement, Condition 29 and the provisions of this subsection
shall survive the expiration of this Agreement if the Property is
developed pursuant to the Vesting Tentative Map approved by
PC Resolution No. 03-48.
-Condition 37 [Access to Nielsen]
Condition 37 reads as follows;
Access to Nielsen. An access easement across a portion of
Parcel A shall be granted to Nielsen for access between Street
'W' and APN 985-0002-009. The easement configuratíon and
the approach from Street '~" shall allow tractor-trailer trucks'
safe, convenient, and unobstructed access to the Nielsen
property from Street '~". The structural pavement section for
Street "A" shall be extended to and conform to the existing
swtacing at the common property line. The Applicant/Developer
shall provide conform grading and road surfacing on the Nielsen
property as needed to provide a suitable conÌ7ectíon to the
existing Nielsen driveway, subject to permission being granted
by the property owner. Improvements shall be in general
conformance with the attached exhibit dated 9/17/03 prepared
by RJA and Associates. The Applicant/ Developer shall also
provide provisions for closure of the existing Nielsen property
driveway if directed by the City.
When required: Prior to Acceptance of Final Map.
In order to ensure appropriate access to the Nielsen
property, Developer shall, prior to acceptance of the final map,
comply with the following instead of the requirements of
Condition 37.
Developer shall either bond for or improve the entrance at
the northern boundary of the Nielsen Property and the extension
of Road B consistent with the design conceptually shown on
Exhibit C to the Agreement, which is labeled "Nielsen Driveway
- Truck Turn-Around." Notwithstanding anything to the
contrary shown on Exhibit C, this Agreement shall not require
Developer to construct any improvements on the Nielsen
property nor shall this Agreement require Developer to construct
the fencing or gating shown on Exhibit C. The extension of
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Projec\'-EXHIBIT B
7296.34.2
Page 3
Draft: March 15, 2005
Road B. shall allow tractor-trailer trucks safe, convenient, and
unobstructed access to the Nielsen property from Street A and
shall provide a safe and adequate truck turn-around within the
Street A and Street B intersection (as shown on Exhibit C). The
improvements shall be completed to the satisfaction of the City
Engineer. The City does not anticipate accepting the offers of
dedication of the right of way for the extension of Street B south
of Street A until such time as the extension is completed to City
standards. The improvements required by this subsection are
an interim condition and not an improved condition. Developer
shall further grant to the owner of the Nielsen Property
temporary easements of ingress and egress over those portions
of Tract 7441 south of Street A necessary for the truck turn-
around and access driveway to operate as designed ("the
Temporary Easement"). The general location of the Temporary
Easement will include the area shown in light grey on Exhibit C
to the Agreement and such adjacent areas as are reasonably
necessary for the provision of adequate access and security to
the Nielsen property. The Temporary Easement shall
automatically terminate upon the City's acceptance of the right
of way for Street B Extension south of Street A. Developer shall
also grant to the owner of the Nielsen Property an easement
that permits the owner of the Nielsen Property to construct the
extension of Street B to City standards within the dedicated right
of way. The easement deeds shall be prepared to the
satisfaction of and be approved by the City Engineer and the
City Attorney.
Developer shall satisfy its obligation to mitigate all impacts to
the Nielsen Property (including loss of access rights and lost
parking spaces) by making a $155,000 payment to the owner of
the Nielsen Property, upon the recordation of the Phase 1 final
map for the Project.
-Condition 39 [Improvement of Tassajara Road]
Condition 39 reads as follows:
Improvement of Tassajara Road. With the development of
Tract 7441, Applicant! Developer shall improve Tassajara Road
from the southerly edge of the property (south of Street '~"- to
the northerly edge of the property (north of Fallon Road) for
public street purposes and as agreed upon in the Development
Agreement between the City and Pinn Brothers Homes.
Improvements shall generally conform to the alignment, typical
sections, and phasing plan shown on Sheets 1-3 and Sheet 8 of
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project-EXHIBIT B
729634.2
Page 4
Draft: March 15, 2005
the tentative map, with the following added conditions:
1) The entire Tassajara Road right-of-way for Tract 7441 shall
be dedicated as part of the Phase 1 final map.
2) The interim Fallon Road connection to the existing Tassajara
Road alignment (Phase 2) shall include a southbound left turn
lane and a southbound merge/ acceleration lane on Tassajara
Road and other improvements to provide for safe ingress and
egress on Tassajara Road, as determined by the City Engineer.
The Applicant/Developer shall confer with the Alameda County
Fire Department prior to development of improvement plans for
Phase 2 to determine the possibility of deferring a connection
between the two roads until Phase 4. The City Engineer may
consider deferring the connection if approved by ACFD.
3) The final interim lane channelization and geometries at the
Fallon Road/ Tassajara Road intersection (Phase 4) shall be as
approved by the City Engineer. The Phase 4 improvements
shall include retention of the existing Tassajara Road pavement
as a southbound free-right turn through the intersection.
4) The City Engineer may require additional improvements with
each phase to provide for suitable transitions between
improvements and to provide for public safety.
5) The City Engineer may modify the scope and phasing of
improvements to allow for orderly integration of this work with
improvements to be constructed by adjoining developments.
When Required: Prior to Guaranteed Recordation of Final Map
and Approval of Improvement Plans.
Subject to Government Code Section 66462.5, the
Improvements to Tassajara Road and Fallon Road required by
Condition 39 shall include in addition a temporary 120-foot
extension of the right-turn pocket serving Street A ("the
Extension"). The Extension is designed to serve truck traffic
using the existing driveway to the Nielsen property. The
Extension shall be designed and constructed to the satisfaction
of the City Engineer and shall substantially comply with the
conceptual plan attached to the Agreement as Exhibit D and
labeled "Nielsen Property Proposed Right Turn Pocket
Extension."
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Projecl--EXHIBIT B
729634.2
Page 5
Draft: March 15, 2005
-Advance of Funds for Tassaiara Road/l-g80 Interchanae and
Fallon Road/I-580 Interchanae:
Certain improvements to the 1-580rrassajara Road
Interchange ("Tassajara Interchange Improvements") and the 1-
580/Fallon Road & EI Charro Road Interchange ("Fallon
Interchange Improvements") (collectively the "Interchange
Improvements") must be constructed in order to facilitate
development of the Project and the development of other
properties in Eastern Dublin. City has previously entered into
agreements for funding the construction of the Interchange
Improvements with developers of property within the City.
Pursuant to these agreements, four developers (Alameda
County Surplus Property Authority, Jennifer Un, Greenbriar
Homes and Mission Peak) advanced $13,075,151 to City for the
Tassajara Interchange Improvements, and the Un Family has
agreed to advance, but has not yet advanced, monies to the
City needed for the Fallon Interchange Improvements. All of the
agreements require the City to seek reimbursement from non-
contributing developers prior to the issuance of building permits
to the non-contributing developer. Development of the Project
will benefit from construction of the Interchange Improvements.
Pursuant to a Preannexation Agreement Between the City of
Dublin, Pinn Brothers Construction, Inc., Silveria Ranch, L.L.C.,
and Albert C. Haight Uving Trust, dated September 17,2002
("the Preannexation Agreement"), Developer agreed not to
oppose the imposition of conditions on future land-use
approvals that require Developer to advance monies for the
construction of the Interchange Improvements.
In furtherance of Section 11 ofthe Preannexation
Agreement, Developer agrees, in satisfaction of its obligations
thereunder to advance monies for the Tassajara Road
Interchange Improvements, to advance to the City $99,544 prior
to approval of the final map for Tract 7441 and agrees that it will
not assert the provisions of Government Code section 66458 to
require the City to approve a final map for Tract 7441 until such
time as it has advanced those funds to the City.
In furtherance of Section 11 of the Preannexation
Agreement, Developer agrees, in satisfaction of its obligations
thereunder to advance monies for the Fallon Road Interchange
Improvements, to, upon request by the City, advance to the City
1.0558% of the monies advanced by the Un Family pursuant
that certain Agreement between the City of Dublin and the Un
Family Regarding Funding for Construction of the Fallon Road/I-
580 Interchange, dated May 1, 2001 and as subsequently
amended ("the 1-580 Construction Agreement"). As the
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project-EXHIBIT B
729634_2
Page 6
Draft: March 15, 2005
advances by the Un Family may be made in one or more
increments, the obligations will not be satisfied until such time
as the Un Family has satisfied its obligations under the 1-580
Construction Agreement. Notwithstanding the provisions of
Section 4 of this Agreement, the provisions of this paragraph
shall survive the expiration of this Agreement if the Property is
developed pursuant to the Vesting Tentative Map approved by
PC Resolution No. 03-48.
City will provide a credit to Developer in the amount of
Developer's payment of monies under this Section II, to be used
by Developer against payment of the Eastem Dublin Traffic
Impact Fee ("TIF"). The use of credits (including limitations on
the use of credits) and manner of conversion of the credit to a
right of reimbursement will be as set forth in the City's then-
current TIF Guidelines, subject to the following provisions: (a)
the Developer shall pay an administrative fee of one-half of one
percent or $1 ,000 whichever is greater; (b) the credit shall be
granted at the time Developer makes payments of money
pursuant to this agreement; and (c) the Tassajara Interchange
Improvements credit may be used only against the Category 1
TIF Fees and the Fallon Interchange Improvements credit may
be used only against the Category 2 TIF Fees.
Condition 41 reads as follows:
Improvement and Dedication of Private Trail. In accordance
with the Development Agreement between the City of Dublin
and Pinn Brothers Homes for Silveria Ranch dated
September_ , 2003, with the parcelization or development of
adjacent parcels within the tract adjacent to the southerly and
easterly open space areas, Applicant! Developer shall improve
the trail with an all-weather surface and landscaping as shown
on the Planned Development exhibits and Tentative Tract Map
7441. The trail and adjacent open space areas shall be for
private access purposes and will be maintained by the
community Homeowners Association, and shall be dedicated to
the Homeowners Association on the Final Map.
When required: Recordation of Final Map and approval of
improvement plans.
Condition 41 is revised to read as follows:
Applicant! Developer shall improve the EV AlMaintenance
roads within the tract adjacent to the southerly and easterly
open space areas with an all-weather surface and landscaping
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Projec~EXHIBIT B
729634.2
Page 7
Draft March 15, 2005
as shown on the Planned Development exhibits and Tentative
Tract Map 7441. The EVA/Maintenance roads and adjacent
open space areas shall be closed to residents of the subdivision
and the public. The Applicant/Developer shall install split-rail
fencing and manual gates to restrict vehicular and pedestrian
access to the EVA/Maintenance roads and open space area,
with the exception of emergency access vehicles, emergency
personnel and maintenance by the Homeowners Association.
The open space area, including the EVA/Maintenance roads,
shall be owned and maintained by the community Homeowners
Association, and shall be dedicated/conveyed to the
Homeowners Association on the Final Map.
Condition 101 is revised to read as follows;
Replace "trail" with "EVA/Maintenance roads",
(Ii) Sewer.
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(iii) Water,
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(iv) Storm DrainaQ8.
The storm drainage systems off site, as well as on site drainage
systems for the areas to be occupied, shall be improved consistent with the
Drainage Plan and tentative map conditions of approval and 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. Pursuant to Alameda County's National
Pollution Discharges Elimination Permit (NPDES) No. CASQQ29831 with the
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project-EXHIBIT B
729634.2
Page 8
Draft: March 15. 2005
California Regional Water Quality Control Board, all grading, construction, and
development activities within the City of Dublin must comply with the provisions
of the Clean Water Act. Proper erosion control measures must be installed at
development sites within the City during construction, and all activities shall
adhere to Best Management Practices.
Developer's plans for the Project show a proposed bioswale to
collect and filter stormwater at the southwestern comer of the property. The
location of the bioswale is between Street A and the boundary with the Nielsen
Property. Notwithstanding anything to the contrary shown on the plans approved
by the City, the bioswale shall be located 50 feet from the existing water service
well on the Nielsen property, measured horizontally, and shall be lined with a
buried impermeable membrane to ensure that the bioswale results in no surface
water infiltration to the groundwater aquifer.
(v) Othe( Utilities (e.a. aas. electricity. cable televisions.
telephQne)
Construction shall be completed 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 Mav Be Deferred.
Notwithstanding the foregoing, City's 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 completion of discrete portions of any public improvements for
the Project if the Public Works Director determines that to do so would not
jeopardize the public health, safety or welfare.
(ii) Advance of Funds for Construction of Fire Station 18.
The City required the developer of Dublin Ranch Area A ("Area A
Developer") as a condition of approval of that project to construct, at no cost to
the City, a fire station ("Fire Station 18") to serve a portion of Eastern Dublin that
includes the Property. Area A Developer has now completed Fire Station 18. In
conjunction with Area A Developer's construction and outfitting of Fire Station 18,
the City agreed to recover from subsequent applicants for certain land use
approvals in Eastern Dublin the subsequent applicant's proportionate share of
the Fire Station 18 construction costs and costs of equipment and apparatus to
outfit Fire Station 18 advanced by Area A Developer. Pursuant to those
provisions, Developer agreed in section V of the Preannexation Agreement not to
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project-EXHIBIT B
729634.2
Page 9
Draft: March 15, 2005
oppose a requirement on future development approvals that requires Developer
to pay funds, prior to approval of final subdivision maps, in order to allow the City
to reimburse the Area A Developer for its advance of costs to construct and
equip the Fire Station 18. In furtherance of this provision in the Preannexation
Agreement, Developer agrees to advance to the City $154,261.27 prior to
approval of the final map for Tract 7441 and agrees that it will not assert the
provisions of Government Code section 66458 to require the City to approve a
final map for Tract 7441 until such time as it has advanced those funds to the
City.
City will provide a credit to Developer in the amount of Developer's
payment of monies under this Subsection, to be used by Developer against
payment of Fire Facilities Fee. The amount of the credit, once established, shall
not be increased for inflation and shall not accrue interest. The credits may be
used by Developer against payment of the Fire Facilities Fee for any project in
Dublin or, with written notice to City, may be transferred by Developer to another
developer of land in Dublin. If Developer has not been able to use the credits
within ten years of the City's acceptance of Fire Station 18 Improvements, the
remaining credits will convert to a right of reimbursement and shall terminate
after ten years. Any reimbursement shall be from Fire Facilities Fees only, if
available. Other aspects of the credit and right of reimbursement shall be
consistent with the City's Traffic Impact Fee Guidelines.
(iii) Pedestrian/Bicycle Bridae
The Vesting Tentative Tract Map for Tract 7441 proposes the
construction of a pedestrian/bicycle bridge over the Tassajara Creek tributary
that extends under Tassajara Road and through the Kobold and DR Acquisition I,
LLC. Properties (APN 985-0002-0504-01, 985-0002-05-02 and 985-0029-010).
. In lieu of the location depicted on said Map, Developer shall construct a
pedestrian/bicycle pathway in the location and as generally depicted on Exhibit
E.
(iv) C"º.!lservation/Open Spa.Çe Easement.
Condition 27 reads as follows:
Conservation/Open Space Easement. A/though no species are
present on the site, a portion of the property has been identified as
potential aestivation habitat for the California tiger salamander, a
Species of Special Concern. The subject open space area, which
has been incorporated into the project, and consists of Open Space
areas/parcels C, D, and F totaling 49.1 acres, shall be preserved
for potential habitat. A conservation/open space easement, or
similar instrument shall be agreed to by the App/icant, in a form
approved by the City Engineer, City Attorney and Director of
Dublin/Pfeiffer RanCh Development Agreement
For the Silvera/Haight Project-EXHIBIT B
729634.:2
Page 10
Draft: March 15. 2005
Community Development, and recorded for the properly, including
a map illustrating the parcels within the said easement area. The
area shall be maintained by the Homeowners Associations. All
recorded documents shall be submitted to the City Engineer for City
records.
When required: Prior to Final Map.
In satisfaction of its agreement, as set forth in Condition 27,
to grant a conservation easement or similar instrument for parcels
C, D, and F, Developer shall record a development restriction upon
such parcels, and additionally upon parcel A at the time and in the
manner required by Condition 27 for parcels C, D, and F. (Exhibit F
shows the location of the parcels A, C, D, and F.) Developer shall
draft the development restriction for parcel A in a manner to ensure
that the interim improvements required for access to the Nielsen
property and the Temporary Easements, as described in this
Agreement (see subsection 5.3.2(a)(i) above), may be temporarily
maintained notwithstanding the development restrictions and that
upon the City's acceptance of the right of way for Street B
Extension south of Street A the development restrictions shall
automatically become effective in the area formerly subject to the
Temporary Easements.
The City aCknowledges that parcels A, C, D, and F will be
privately owned, and for the benefit of the Homeowners'
Association and its members only, though the development
restrictions shall be enforceable by City. Notwithstanding any
contrary language of Condition 27, the development restrictions
shall be recorded concurrently with the recordation of each final
map that creates any of the restricted parcels.
Iv} Ab¡mdonment ot"Existina PG&E Easements.
Condition 36 reads as tallows:
Abandonment of Existing PG&E Easements. The existing
easements controlled by Pacific Gas & Electric Company recorded
on 7/07/59 in Book 9080 Pages 583 and 585, as identified in the
reporl by First American Title (Order Number 610646ALA) dated
3/28/02 shall be extinguished prior to approval of the final map.
The Applicant/Developer shall provide the City with an updated
Title Reporl as evidence that said easements have been
extinguished.
When required: Prior to Acceptance of Improvements.
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project-EXHIBIT B
7296,4.2
Page 11
Draft: March 15, 2005
Developer has received and recorded a quit claim deed from
PG&E for the PG&E. The City acknowledges that the easements
have been extinguished and that Condition 36 has been satisfied.
SubparaQraoh 5.3.3 -- Phasina. TiminQ
This Agreement contains no requirements that Developer must initiate or
complete development of the Project 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. .
Suboaraaraph 5.3.~ .. FinancinQ Plan
Developer will install all improvements necessary for the Project at its own
cost (subject to credits for any improvements which qualify for credits as provided
in Subparagraph 5.3.6 below).
Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. Developer will enter 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 provided as set
forth in Subparagraph 5.3.2(a)(ii) and (iii) above.
$ubparaaraph 5.3.5 .. Fees. Dedications
Su'þsection a.
Traffic Impact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 225-99, including any future amendments to such
fee. Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the impact fee in effect at time of building permit
issuance.
Developer further agrees that it will pay eleven percent (11 %) of the
"Section 1/Category 1" portion of the TIF in cash.
Developer also agrees that it will pay twenty-five percent 25% of the
"Section 2/Category 2" portion of the TIF in cash. If City amends its TIF fee and
as a result the City's outstanding balance due on loans is less than 25% of total
Section 2/Category 2 improvements, the Developer shall pay such reduced
percentage of the "Section 2/Category 2" portion of the TIF in cash.
Subsectic;m_þ-,
Traffic IllIoact Fee to Reimbl,lrse Pleasanton for
Freewav Interchanaes.
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project-EXHIBIT B
729634.2
Page 12
Draft: March 15, 2005
Developer shall pay the Eastern Dublin 1-580 Interchange Fee established
by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-98
and by any subsequent resolution which revises such Fee. Developer will pay
such fees no later than the time of issuance of building permits and in the amount
of the impact fee in effect at time of building permit issuance.
Subsection c.
Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of Dublin
Resolution No. 214-02, including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
then-current amount of the fee.
Subsection d.
Noise MltiQation Fee.
Developer shall pay a Noise Mitigation Fee established by City of Dublin
Resolution No. 33-96, including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the fee in effect at time of building permit issuance.
Subsection e.
SchoollmPëlct Fees.
School impact fees shall be paid by Developer in accordance with
Government Code section 53080 and the agreement between Developer's
predecessor in interest and the Dublin Unified School District regarding payment
of mitigation fees.
Subsection f.
Fire Impact Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the fee in effect at time of building permit issuance.
Subsection Q,
Tri-V:allev Transportation Development Impact
Fee.
Developer shall pay the Tri-Valley Transportation Development Fee in the
amount and at the times set forth in City of Dublin Resolution No. 89-98 or any
subsequent resolution which revises such fee. Developer will pay such fees no
later than the time of issuance of building permits and in the amount of the
impact fee in effect at time of building permit issuance.
SubparaQraph 5.3.6_-· Credit
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Project-EXHIBIT B
729634.2
Page 13
Draft: March 15. 2005
Subsection a.
Traffic Impact Fee Improvements -- Credi~
City shall provide a credit to Developer for those improvements described
in the resolution establishing the Eastern Dublin Traffic Impact Fee it such
improvements are constructed by the Developer in their ultimate location. All
aspects of the credit shall be covered by City's Administrative Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No, 23-99 ("TIF Guidelines").
S!,!bsection b.
Traffic Impact Fee Riaht-of-Wav Dedications ..
Credit
City shall provide a credit to Developer for any TIF area right-ot-way to be
dedicated by Developer to City which is required for improvements which are
described in the resolution establishing the Eastern Dublin Traffic Impact Fee.
All aspects of the credits shall be governed by the TIF Guidelines.
Dublin/Pfeiffer Ranch Development Agreement
For the Silvera/Haight Projeci-----EXHIBIT B
729634.2
Page 14
Draft: March 15, 2005
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