HomeMy WebLinkAboutItem 4.08 I580/Tassajara Rd
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CITY CLERK
File #D~IQ][t2J-~[Q]
. AGENDA STATEMENT . . ...... . . GOO. - ()
CITY COUNCIL MEETING DATE: July 18, 2000
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SUBJECT:
Agreements with Jennifer Lin, The Mission Peak Co., Greenbriar
Land Company and Alameda County Surplus Property Authority for
Construction oftheI-580lTassajara Road Interchange Improvements
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
Resolution
Agreements with Jennifer Lin, Mission Peak, Greenbriar
and Alaineda CountySurplus PropertyAuthority (ACSPA)
..>31 Exhibits A - D common to all agreements
~dOPt Resolution
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RECOMMENDATION:
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The combination of these agreementsprovidesthafjennifer Lin, The
Mission Peak Company, Greenbriar Land Company and ACSP A
will pay the cost of the construction 6finterchangeimprovements at .
the 1-580/Tassajarainterchange.Theestimated cost breakdownJor
each Developer is as follows: .
FINANCIAL STATEMENT:
$9.704.381
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COPIES TO: . All Parties to Agreem:::M NO. ~
g:\develop\interchanges\Tass construction\agst tass construct agmts.doc .
Each Developer will receive a credit against payment of the future Eastern Dublin Traffic Imp~ct
Pees (TIP) in an amount equal to funds advanced for this work. TIP Credit will only be given
after the cash deposits have been received by the City. The use of this credit is to be defined in the
Development Agreement for each project and used according to the established TIP policy at the
time of development.
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The actual payments are due and payable upon 15 days' notice of the award of contract for the
work.
Agreements have been signed by JenniferLin, The Mission Peak Company, Greenbriar Land
Company and Alameda County Surplus Property Authority (ACSPA).
DESCRIPTION: Improvement of the 1-580lTassajara Road Interchange is a required
mitigation measure for the Dublin Ranch Phase land Areas A-E Developments, ACSPA Santa Rita
Developments, Tassajara Meadows 2 and Greenbriar Development. The City, Council previously
approved the preparation of a design for the Improvement of the I-580/Tassajara Road Interchange, and
contract documents are currently at 65% completion. Agreements for sharing the cost of the Project
Study Report, Project Report and design have already been approved. Construction of the interchange
improvements is the next step after the design is approved by Caltrans.
It is anticipated that construction will start the first part of next calendar year and will take a year to
complete.
The City Council previously approved an agreement with Eric'Cordoba of Cordoba Consulting for project
management. and coordination.' services, related to improvement of several interchanges, including' this ...,j
interchange proj ect. Staff will return to the City, Council at a future date for authorization t<Jgo out t{)-hiq'
for construction of the project.
Staff recommends that the City Council adopt the resolution approving the Agreements.
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RESOLUTION NO. - 00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AGREEMENTS WITH JENNIFER LIN,
ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY (ACSP A),
THE MISSION PEAK COMPANY AND GREENBRIAR LAND COMPANY
REGARDING CONSTRUCTION OF THE
I-580rrASSAJARA ROAD INTERCHANGE IMPROVEMENTS
WHEREAS, a part of the mitigation for the Dublin Ranch Phase I, Dublin Ranch Areas A-E
development, Alameda County Surplus Property (ACSP A) Santa Rita Development, Tassajara Meadows
2 and Greenbriar Development requires improvement of the I-580lTassajara Road Interchange; and
WHEREAS, the City and Jennifer Lin, ACSP A, The Mission Peak Company and Greenbriar Land
Company have agreed to the payment for construction of improvements related to this interchange;. and
WHEREAS, a credit against payment of future Category 1 Eastern Dublin Traffic Impact fees will
be provided to offset each of Jennifer Lin's, ACSPA's, The Mission Peak Company's and Greenbriar
Land Company's payments of costs related to the project;
NOW, THEREFORE, BE IT RESOL VED that the Dublin City Council approves the agreements
with Jennifer Lin, ACSP A, The Mission Peak Company and GreenQriar Land Company regarding Design
ofthe I-580/Tassajara Road Interchange Improvements.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreements.
PASSED, APPROVED AND ADOPTED this 5th day of July, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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AGREEMENT BETWEEN THE UN FAMILY AND
CITY OF DUBLIN REGARDING FUNDING FOR CONSTRUCTION OF
TASSAJARAINTERCHANGE
THIS AGREEMENT is entered into this _ day of July, 2000, between the City
of Dublin, a municipal corporation ("City") and Chang Su-O-Un (also known as Jennifer
Un), Hong Lien Lin (also known as Frederic or Frederich Un) and Hong Yao Lin (also
known as Kevin Un), (hereinafter "Developer").
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RECITALS
A. Developer owns approximately 1,119 acres of land located with the area
generally known as Eastern Dublin, located in the City of Dublin, County of Alameda
("Developer's Land"). .
B. City has adopted a fee known as the Eastern Dublin Traffic Impact Fee
("TIF") to pay for road improvements (including freeway improvements) necessary for
development in Eastern Dublin.
C. The Eastern Dublin Specific Plan designates land uses for Developer's
property. Developer will be required t6 pay a TIF fee when Developer develops such
propertx.
D. Improvements to the 1-580rrassasjara Road Interchange ("Interchange
Improvements") are included in the TIF as a "Category 1 \I improvement; such
improvements, which are shown on Exhibit A, will facilitate the development of
Developer's property, which is described on Exhibit B.
E. Developer has previously agreed to advance funds to City to be used for
design of the Interchange Improvements.
F. Developer agrees to advance funds to City to be used for the
construction of the Interchange Improvements. City will use such funds to construct the
Interchange Improvements. In order to construct the Interchange Improvements, City
will first have to enter into a "design cooperative agreement" and a "construction.
cooperative agreement" with the State Department of Transportation ("Caltrans"). The
advance of funds will enable City to enter into such agreement with Caltrans and,
thereafter, to enter into other agreements with consultants and construction firms for the
construction of the Interchange Improvements.
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G. City's design and construction of the Interchange Improvements will
facilitate development of Developer's property as well as the properties shown on
Exhibit C, attached hereto, which are owned by other persons. Exhibit 0, attached
hereto, includes a list of the property owners who have entered into a similar agreement
to advance monies to City for construction of the Interchange Improvements (the
property owners listed on Exhibit D and Developer shall be jointly referred to as
"Contributing Developers"). Exhibit D also shows the percentage which each of the
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Agreement Between the Un Family and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
3 ~ 33
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Contributing Developers has agreed to contribute toward the construction of the
Interchange Improvements.
H. City has adopted Resolution 23-99 to provide for credits and
reimbursement for the TIF; such resolution and any amendments thereto will be referred
to as the "TIF Guidelines".
AGREEMENT
NOW, THEREFORE, City and Developer agree as follows:
Section 1. Advance of Monies by Developer
When City anticipates awarding a contract for construction of the Interchange
Improvements and upon 15 days' written notice from City, Developer agrees to pay to
City the sum of Five Million Five Hundred Sixty Eight Thousand Nine Hundred Eighty
Dollars ($5,568,980).
In the event the City determines that it has insufficient monies to fund the
Interchange Improvements ("deficit"), whether due to ins'ufficient funds being contributed
by Contributing Developers or due to increased costs, Developer agrees to advance an
additional sum of money to make up th'e deficit upon request by City, provided any such
request from City shall be for Developer's proportionate share of the deficit in relation to
other Contributing Developers as shown on Exhibit D.
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City shall set aside all funds received pursuant to this. agreement and other
similar agreements with Contributing Developers in an account for the Interchange
Improvements. City will invest such funds as part of City's investment pool.
Section 2. Use of Monies by City
City will use the monies paid by Developer pursuant to this Agreement, together
with any interest earned thereon, for the construction of the Interchange 'Improvements.
As used herein, " construction" shall include preliminary engineering, preparation of
project study report, proj~ct report, plan specifications and estimates, engineering,
environmental documentation and review, right-of-way acquisition (if necessary),
permits, processing, utility relocation, construction, construction inspection, project
management, and inspection.
City shall be under no obligation to use the monies paid by Developer until such
time that City has adequate monies to construct the Interchange Improvements.
Section 3. Credit Against TIF
City will provide a credit to Developer in the amount of Developer's payment of
monies hereunder, to be used by Developer against payment of the TIF. This
agreement shall be deemed to be the credit/reimbursement agreement req uired by
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Agreement Between the Un Family and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 2of6
May 30,2000
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Section V(A) of the TIF Guidelines. All aspects of the credits shall be as described in
the TIF Guidelines, including the right to convert any unused credits to a right of
reimbursement, 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; (c) the credit shall be in the amount of $5,568,980; (d) the credit may
be used only against the Category 1 TIF Fees; and (e) the credit may be used once it is
granted.
Section 4. Return of Unused Monies
(a)
City agrees to use whatever legal power it has make every effort to collect
monies for the design and construction of th~ Interchange Improvements from
any developer who seeks to develop property ?hown on Exhibit C but who is not
a "Contributing Developer" (referred to. as a "Non-Contributing Developer''): in
advance of the time any such non-contributing developer pulls building permits.
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(b) If City is able to collect such monies ("Later Payment") in advance of building
permits, City agrees that it will reimburse Developer from the Later Payment an.
amount equal to the Developer's pro rata share of the Later Payment (to a
maximum of DEweloper's remaining TlF credits), which shall be based on the
amount of monies paid by Developer in relation to the total amount of monies
paid to City by all Contributing Developers as shown on Exhibit D.
(c) If City is able to collect a Later Paymentat the time of building permit, City
agrees it will use 8% of the Later Payment to reimburse Developer in an amount
equal to Developer's pro rata share of 8% of the Later Payment (to a maximum
of Developer's remaining TIF Credits), which shall be based on the amount of
monies paid by Developer in relation to the total amount of monies paid to City by
all Contributing Developers as shown on Exhibit D.
(d) City will reimburse Developer within 30 days of receipt of the Later Payment.
Any reimbursement pursuant to this Section shall reduce the amount of credits
granted to Developer pursuant to Section 3 hereof.
Agreement Between the Un Family and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 3 of 6
May 30, 2000
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Section 6. Illustrative Example
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An example, for purposes of illustration only, of the application of Sections 3
and 5 above follows:
Section 5(b)
Section 5(c)
$100,000* Initial Payment (10/1/00)*
$100,000*
Initial Payment (10/1/00)*
Credit granted (10/1/00) to be used
pursuant to TIF Guidelines
Credit granted (10/1/00) to be used
[$100,000] pursuant to TIF Guidelines
[$100,000J
Developer pays TIF fees of $50,000
by use of TIF Credits (6/1/2001)
Developer pays TIF fees of $50,000
by use ofTIF Credits (6/1/2001)
Developer's remaining TIF Credit
[$ 50,000] Developer's remaining TIF Credit
[$ 50,000]
"Later Payment" of $200,000 received by City
from a non-.contributing Developer (9/1/2001)
Reimbursement to Developer
from Later Payment by non-
contributing Developer **
$ 20,000
Developer's remaining TIF Credit
[$ 30,000]
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*Contributing Developers simultaneously
contribute as follows:
This Developer (#1)
Developer 2
Developer 3
Developer 4
Developer 5
$100,000 (10%)
50,000 (5%)
200,000 (20%)
500,000 (50%)
150,000 (15%)
"Later Payment" of $200,000 received by City from
a non-contributing Developer (9/1/2001) in the form
of TIF fees; $16,000 of $200,000 will be used for
reimbursement **
Reimbursement to Developer
from Later Payment by non-
contributing Developer ***
$ 1,600
[$ 48,400]
Developer's remaining TIF Credit
*Contributing Developers simultaneously
contribute as follows:
This Developer (#1)
Developer 2
Developer 3
Developer 4
Developer 5
$100,000 (10%)
50,000 (5%)
200,000 (20%)
500,000 (50%)
150,000 (15%)
**Other Contributing Developers are reimbursed as **$200,000 = Section 2 portion of TIF fee
follows: $ 16,000 = 8% of Section 2 portion of TIF
fee paid
Developer 2
Developer 3
Developer 4
Developer 5
$ 10,000
40,000
100,000
30,000
~**Other Contributing Developers are reimbursed
as follows:
Developer 2
Developer 3
Developer 4
Developer 5
$ 800
3,200
8,000
2,400
Agreement Between the Un Family and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 40f6
May 30, 2000
h ~ 33
Section 7. No Oblioation To Approve Proiect
This agreement~hall not be construed as providing Developer with any
assurance that any application for a land use entitlement will be granted by City for '..""
Developer's property.
Section 8. Effect of Aoreement
In the event that a traffic study prepared by or for City for an application by
Developer for a land use entitlement for Developer's Land concludes that the
Interchange fmprovements are required to be constructed for the Developer's
proposed project, the City will not deny the proposed project on the ground that the
Interchange Improvements have not been constructed. City further agrees that it will
not enforce a condition that the Interchange Improvements must be constructed
prior to issuance of the first certificate of occupancy for such proposed project
provided that Develop~r has paid all amounts due under Section 1 and City has 1)
approved all necessary environmental documentation for the Interchange
Improvements, 2) received or anticipated receiving all necessary permits to proceed
with the Interchange Improvements, and 3) received all funding necessary to
complete the Interchange Improvements.
Secti6n9. Recitals
The foregoing Recitals are true and correct and are made a part of this
a g re e m en t....."""I
Section 1 O. Assessment District
Developer has requested City and City has initiated proceedings to form an
. assessment district to finance certain improvements (Council Resolution 87-99;
Assessment District No. 1999-1, Dublin Ranch). The advancement of Traffic Impact
Fees to facilitate the Interchange Improvements is included in the Description of
Work (Resol. No. 89-99). In the event that TIF fees for the Interchange
Improvements have been advanced by Developer through the Assessment District
for Developer's property, Developer will be relieved of its obligation to advance
monies hereunder, provided that Developer's obligation to advance a total of
$5,568,980 shall be met either by this agreement or through the assessment district.
CITY OF DUBLIN
Dated:
Mayor
Agreement Between the Un Family and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 5 of 6
May 30,2000
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Attest:
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City Clerk
Approved as to form:
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DEVELOPER
Chang Su-O-Un (also known as Jennifer Un)
Hong Yao Un (also known as Kevin Un)
ng ien Un (also known as Frederich or
re e ic Un)
City Attorney
Date:
song
r zed Representative
Approved as to Form:
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Marty Inderbitzen
Attorney for Un Family
J:\WPOIMnrsw\ 114\ 146\Agree\constructiQ[1-interchangeJin_531,wpd
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Agreement Between the Un Family and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 6of6
May 30 I 2000
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AGREEMENT BETWEEN THE MISSION PEAK HOMES, INC.
AND CITY OF DUBLIN REGARDING
FUNDING FOR CONSTRUCTION OF
TASSAJARAINTERCHANGE
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THIS AGREEMENT is entered into this _ day of June, 2000, between the City
of Dublin, a municipal corporation, ("City") and The Mission Peak Homes, Inc., a
California corporation ("Developer"). .
RECITALS
A. Developer owns approximately 11.079 acres of land located with the area
generally known as Eastern Dublin, located in the City of Dublin, County of Alameda
("Developer's Land").
D. Improvements to the 1-580rrassasjara Road Interchange ("Interchange
Improvements") are included in the TIF as a "Category 1" improvement; such
improvements, which are shown on Exhibit A, wflf facfrrtate the devebpment of
Developer's property, which is described on Exhibit B.
'""'"
E. Developer has previously agreed to advance funds to City to be used for
design of the Interchange Improvements.
F. Developer agrees to advance funds to City to be used for the
construction of the Interchange Improvements. City will use such funds to construct the
Interchange Improvements. . In order tQ construct the Interchange Improvements, City
will first have to enter into a "design cooperative agreement" and a "construction
cooperative agreement" with the State Departl'J1ent of Transportation ("Ca/trans"). The
advance of funds will enable City to enter into such agreement with Caltrans and,
thereafter, to enter into other agreements with consultants and construction firms for the
construction of the Interchange Improvements.
G. City's design and construction of the Interchange Improvements will
facilitate development of Developer's property as well as the. properties shown on
Exhibit C, attached hereto, which are owned by other persons. Exhibit 0, attached
hereto, includes a list of the property owners who have entered into a similar ag reement
to advance monies to City for construction of the Interchange Improvements (the
property owners listed on Exhibit D and Developer shall be jointly referred to as
"Contributing Developers"). Exhibit 0 also shows the percentage which each of the
. '-..""I
Agreement Between The Mission Peak Company and City of Dublin reg"
Funding for Design and Construction of Tassajara Interchange
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Contributing Developers has agreed to contribute toward the construction of the
Interchange Improvements.
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H. City has adopted Resolution 23-99 to provide for credits and
reimbursement for the TIF; such resolution and any amendments thereto will be referred
to as the "TIF Guidelines".
AGREEMENT
NOW, THEREFORE, City and Developer agree as follows:
Section 1. Advance of Monies bv Developer
When City anticipates awarding a contract for construction of the Interchange
Improvements and upon 15 days' written notice from City, Developer agrees to pay to
City the sum of One Hundred Thirty Four Thousand Six Hundred and Five Dollars
($134,605).
In the event the City determines that it has- insufficient monies to fund the
Interchange Improvements ("deficit"), whether due to insufficient funds being contributed
by Contributing Developers or due to increased costs, Developer agrees to advance an
additional sum of money to make up the deficit upon request by City, provided any such
request from City shall be for Developer's proportionate share of the deficit in relation to
other Contributing Developers as shown on Exhibit D.
City shall set aside all funds received pursuant to this agreement and other
similar agreements with Contributing Developers in an account for the Interchange
Improvements. . City will invest such funds as part of City's investment pool.
Section 2. Use of Monies bv City
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City will use the monies paid by Developer pursuantto this Agreement, together
with any interest earned thereon, for the construction of the Interchange Improvements.
As used herein, " construction" shall include preliminary engineering, preparation of
project study report, project report, plan specifications and estimates, en.gineering,
environmental documentation and review, right-of-way acquisition (if necessary),
permits, processing, utility relocation, construction, construction inspection, project
management, and inspection.
City shall be under no obligation to use the monies paid by Developer u ntH such
time thpt City has adequate monies to construct the Interchange Improvements.
Section 3. Credit Aqainst TIF
,.-
City will provide a credit to Developer in the amount of Developer's payment of
monies hereunder, to be used by Developer against payment of the TIF. This
agreement shall be deemed to be the credit/reimbursement agreement req uired by
Agreement Between The Mission Peak Company and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 2 of 6
May 30,2000
10 ~ 33
Section yeA) of the TIF Guidelines. All aspects of the credits shall be as described in
the TIF Guidelines, including the right to convert any unused credits to a right of
reimbursement, 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 '-...."I
credit shall be granted at the time Developer makes payments of money pursuant to
this agreement; (c) the credit shall be in the amount of $134,605; (d) the credit may be
used only against the Category 1 TIF Fees; and (e) the credit may be used once it is
granted.
Section 4. Return of Unused Monies
Except as provided below, City will return any monies which are not used by City
for the construction of the Interchange Improvements to Developer yvithin 30 days of a
final accounting by City of the actual costs of construction. Any return of monies to
Developer will be in proportion to Developer's advance in relation to advances by
Contributing Developers as shown on Exhibit D.
The amount of any unused TIF credits shall be reduced by the amount of any
monies returned to the Developer. There will be no return of any unused monies if
Developer has no unused TIF credits.
Section 5. Reimbursement of Monies Collected from Non-Contributing Developers
(a)
City agrees to use whatever legal power it has make every effort to collect
monies for the design and construction of the Interchange Improvements from
any developer who seeks to develop property shown on Exhibit C but who is not
a "Contributing Developer", (referred to as a "Non-Contributing Developer'j in
advance of the time any such non-contributing developer pulls building permits.
'....,I
(b) If City is able to collect such monies ("Later Payment") in advance of building
. permits, City agrees that it will reimburse Developer from the Later Payment an
amount equal to the Developer's pro rata share of the Later Payment (to a
maximum of Developer's remaining TIF credits), which shall be based on the
amount of monies paid by Developer in relation to the total amount of monies
paid to City by-all Contributing Developers as shown on Exhibit D.
(c) If City is able to collect a Later Payment at the time of building permit, City
agrees it will use 8% of the Later Payment to reimburse Developer in an amount
equal to Developer's pro rata share of 8% of the Later Payment (to a maximum
of Developer's remaining TIF Credits), which shall be based on the amount of
monies paid by Developer in relation to the total amount of monies paid to City by
all Contributing DevelopE:?rs as shown on Exhibit D.
Cd) City will reimburse Developer within 30 days of receipt of the Later Payment.
Any reimbursement pursuant to this Section shall reduce the amount of credits
granted to Developer pursuant to Section 3 hereof.
Agreement Between The Mission Peak Company and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 3 of 6
May 30, 2000
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Section 6.
Illustrative Example
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,- An example, for purposes of illustration only, of the application of Sections 3 and
5 above follows:
$100,000* Initial Payment (10/1/00)*
Credit granted (10/1/00) to be used
[$100,000] pursuant to T1F Guidelines
Developer pays TIF fees of $50,000
by use of TI F Credits (6/1/2001)
[$ 50,000] Developer's remaining TIF Credit
Section 5(b)
Initial Payment (10/1/00)*
Credit granted (10/1/00) to be used
pursuant to TIF Guidelines
Developer pays TIF fees of $50,000
by use of TIF Credits (6/1/2001)
Developer's remaining TIF Credit
"Later Payment" of $200,000 received by City
from a non-contributing Develop~r (9/1/2001)
Reimbursement to Developer
from Later Payment by non-
contributing Developer **
$ 20,000
[$ 30,000]
Developer's remaining TIF Credit
~,
*Contributing Developers simultaneously
contribute as follows:
This Developer (#1)
Developer 2
Developer 3
Developer 4
Developer 5
$100,000 (10%)
50,000 (5%)
200,000 (20%)
500,000 (50%)
150,000 (15%)
Section 5(c)
$100,000*
[$100,000]
. [$ 50,000]
"Later Payment" of $200,000 receiyed by City from
a non-contributing Developer (9/1/2001) in the form
of TIF fees; $16,000 of $200,000 will be used for
reimbursement **
Reimbursement to Developer
from Later Payment by non-
contributing Developer ***
$ 1,600
[$ 48.400]
Developer's remaining TIF Credit
*Contributing Developers simultaneously
contribute as follows:
This Developer (#1)
Developer 2
Developer 3
Developer 4
Developer 5
$100,000 (10%)
50,000 (5%)
200,000 (20%)
500,000 (50%)
150,000 (15%)
**Other Contributing Developers are reimbursed as **$200,000 = Section 2 portion of TIF fee
follows: $ 16,000 = 8% of Section 2 portion of TIF
fee paid
Developer 2
Developer 3
Developer 4
Developer 5
$ 10,000
40,000
100,000
30,000
/',--..
***Other Contributing Developers are reimbursed
as follows:
Developer 2
Developer 3
Developer 4
Developer 5
$ 800
3,200
8,000
2,400
Agreement Between The Mission Peak Company and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 4of6
May 3D, 2000
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Section 7. No Obliqation To Approve Proiect
This agreement shall not be construed as providing Developer. with any
assurance that any application for a land use entitlement will be granted by City for
Developer's property.
-'''.
....",.,
Section 8. Effect of Agreement
In the event that a traffic study prepared by or for City for an application by
Developer for a land use entitlement for Developer's Land concludes that the
Interchange Improvements are required to be constructed for the Developer's
proposed project, the City wifl not deny the proposed project on the ground that the
Interchange Improvements have not been constructed. City further agrees that it will
not enforce a condition that the Interchange Improvements must be ,constructed
prior to issuance of the first certificate of occupancy for such proposed project
provided that Developer has paid all amounts due under. Section 1 and City has 1)
approved all necessary environmental documentation for the Interchange
Improvements, 2) received or anticipated receiving all necessary permits to proceed
with the Interchange Improvements, and 3) received all funding necessary to
complete the Interchange Improvements.
Section 9. Recitals
The foregoing Recitals are true and correct and are made a part of this
agreement.
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CITY OF DUBLIN
Dated:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
......"
AgreementBetween The Mission Peak Company and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 5 of 6
May 30, 2000
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Dated:
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J :\WPD\Mnrsw\ 114 \ 146IAgree\construclion-interchange_mission_531. wpd
Name
Title
DEVELOPER
/3 vt 33
Agreement Between The Mission Peak Company and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 60f6
May 30 I 2000
AGREEMENT BETWEEN GREENBRIAR HOMES
COMMUNITIES, LLC AND CITY OF DUBLIN REGARDING
FUNDING FOR CONSTRUCTION OF
TASSAJARAINTERCHANGE
/1/ c5 33'
""""
THIS AGREEMENT is entered into this 28th day of June, 2000, between the City of Dublin, a
municipal corporation (" City") and Greenbriar Homes Communities, L.L.C. ("Developer").
RECITALS
A. Developer is under contract to purchase approximately 53 acres of land located with the
area generally known as Eastern Dublin, located in the City of Dublin, County of Alameda ("Developer's
Land").
B. City has adopted a fee known as the Eastern Dublin Traffic Impact Fee ("TIF") to pay for
road improvements (including freeway improvements) necessary for development in Eastern Dublin.
C. The Eastern Dublin Specific Plan designates land uses for Developer's property.
Developer will be required to pay a TIF fee when Developer develops such property.
D. Improvements to the 1-580rrassajara Road Interchange (" Interchange Improvements") are
included in the TIF as a .Category t" improvement; such improvements, which are shown on Exhibit A, will
facilitate the development of Developer's property, which is described on Exhibit B.
E. Developer has previously agreed to advance funds to City to be u~ed for design of the
Interchange Improvements.
\wi!
F. Developer agrees to advance funds to City to be used for the construction of the
Interchange Improvements. City will use such funds to construct the Interchange Improvements. In order
to construct the Interchange Improvements, City will first have to enter into a "design cooperative
agreement" and a "construction cooperative agreement" with the State Department of Transportation
("Caltrans"). The advance of funds will enable City to enter into such agreement with Caltrans and,
thereafter, to enter into other agreements with consultants and construction firms for the construction of
the Interchange Improvements.
G. City's design and construction of the Interchange Improvements will facilitate development
of Developer's property as well as the properties shown on Exhibit C, attached hereto, which are owned by
other persons. Exhibit 0, attached hereto, includes a list of the property owners who have entered into a
similar agreement to advance monies to City for construction of the Interchange Improvements (the
property owners listed on Exhibit D and Developer shall be jointly referred to as "Contributing Developers").
Exhibit D also shows the percentage which each of the Contributing Developers has agreed to contribute
toward the construction of the Interchange Improvements.
Agreement Between Greenbriar and City of Dublin regarding
Funding for Design and Construction ofTassajara Interchange
Page 1 of7
May 30, 2000
f. ""'-"~.'..;.
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H. City has adopted Resolution 23-99 to provide for credits and reimbursement for the TIF;
.r- such resolution and any amendments thereto will be referred to as the "TIF Guidelines".
AGREEMENT
NOW, THEREFORE, City and Developer agree as follows:
Section 1.
Advance of Monies by Developer
When City anticipates awarding a contract for construction of the Interchange Improvements and
upon 15 days' written notice from City, provided that the Final Map for Tract 7075 has been approved by
the City, Developer agrees to pay to City the sum of Three Hundred Fifteen Thousand Nine Hundred
Eleven Dollars ($315,911).
In the event the City determines that it has insufficient monies to fund the Interchange
Improv~ments ("deficit"); whether due to insufficient funds being cORtributed by Contributing Developers or
due to increased costs, provided that the Final Map for Tract 7075 has been approved by the City,
Developer agrees to advanc.e an additional sum of money to make up the deficit upon request by City,
provided any such request from City shall be for Developer's proportionate share of the deficit in relation to
other Contributing Developers as shown on Exhibit D.
, .
City shall set aside an funds received pursuantto this agreement and other similar agreements
/- with Contributing Developers in an account for the Interchange Improvements. City will invest such funds
as part of City's investment pool.
Section 2.
Use of Monies bv City
City will use the monies paid by Developer pursuant to this Agreement, together with any interest
earned thereon, for the' construction of the Interchange Improvements. As used herein, " construction"
shall include preliminary engineering, preparation of project study report, project report, plan specifications
and estimates, engineering, environmental documentation and review, right-of-way acquisition (if
necessary), permits, processing, utility relocation, construction, construction inspection, project
management, and inspecti9n.
City shall be under no obligation to use the monies paid by Developer until such time that City has
adequate monies to construct the Interchange Improvements.
Section 3.
Credit Aqainst TIF
City will provide a credit to Developer in the amount of Developer's payment of monies hereunder,
to be used by Developer against payment of the TIF. This agreement shall be deemed to be the
Agreement Between Greenbriar and City of Dublin regarding
Funding for Design and Construction ofTassajara Interchange
Page 2 of 7
May 30, 2000
/b :i j)
credit/reimbursement agreement required by Section V{A) of the T1F Guidelines. All aspects of the credits
shall be as described in the TIF Guidelines, including the right to convert any unused credits to a right of
reimbursement, subject to the following provisions: (a) the Developer shall pay an administrative fee of
one-ha'lf 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; (c) the credit shall be in the amount of
$315,911 (d) the credit may be used only against the Category 1 TIF Fees; and (e) the credit may be used
once it is granted.
Section 4.
Return of Unused Monies
Except as provided below, City will return any monies which are not used by City for the
construction of the Interchange Improvements to Developer within 30 days of a final accounting by City
of the actual costs of construction. Any return of monies to Developer will be in proportion to
Developer's advance in relation to advances by,Contributing Developers as shown on Exhibit D.
. The amount of any unused TIF credits shall be reduced by the amount of any monies returned
to the Developer. There wi!! be no return of any unused monies if Developer has no unused TIF
credits.
Section 5.
Reimbursement of Monies Collected from Non-Contributinq Developers
(a)
City agrees to use whatever legal power it has make every effort to collect monies for the
design and construction of the Interchange Improvements from any developer who seeks to
develop property shown on Exhibit C but who is not a "Contributing Developer" (referred to as a
"Non-Contributing Developer") in advance of the time any such non-contributing developer puHs
building penn its.
.'....".1
(b) If City is able to collect such monies ("Later Payment") in advance of building permits, City
agrees that it will reimburse Developer from the Later Payment an amount equal to the
Developer's pro rata share of the Later Payment {to a maximum of Developer's remaining TIF
credits), which shall be based on the amount of monies paid by Developer in relation to the total
C!mount of monies paid to City by all Contributing Developers as shown on Exhibit D.
(c) If City is able to collect a Later Payment at the time of building permit, City agrees it will use 8%
of the Later Payment to reimburse Developer in an amount equal to Developer's prorata share
of 8% of the Later Payment (to a maximum of Developer's remaining TIF Credits), which shall
be based on the amount of monies paid by Developer in relation to the Iotal amount of monies
paid to City by all Contributing Developers as shown on Exhibit D.
(d) City will reimburse Developer within 30 days of receipt of the Later Payment. Any
reimbursement pursuant to this Section shall reduce the amount of credits granted to Developer
Agreement Between Greenbriar and City of Dublin regarding
Funding for Design and Construction ofTassajara Interchange
Page 3 of?
May 30. 2000
....",'
/;; crt 35
pursuant to Section 3 hereof.
Section 6.
lIIustrative Example
An example, for purposes of illustration only, of the application of Sections 3 and 5 above
follows:
Section 5(b)
Initial Payment (10/1/00)*
100,000*
Credit granted (10/1/00) to be used pursuant to TIF Guidelines
[$100,000]
Developer pays TIF fees of $50,000
by use of TIF Credits (6/1/2001)
Developer's remaining TIF Credit
[$ 50:0001
"Later Payment" of $200,000 received by City
from a non-contributing Developer (9/1/2001)
.c,--'
Reimbursement to Developer
from Later Payment by non-contributing Developer **
$ 20,000
Developer's remaining TIFCredit
[$ 30,000]
*Contributingpevelopers simultaneously contribute as follows:
This peveloper (#1 )
Developer 2
Developer 3
Developer 4
Developer 5
$100,000 (10%)
50,000 (5%)
200,000 (20%)
500,000 (50%)
150,000 (15%)
**Other Contributing Developers are reimbursed as follows:
Developer 2
Developer 3
Developer 4
Developer 5
$ 10,000
40,000
100,000
30,000
Section 5(c)
Agreement BetweenGreenbriar and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 4 of 7
May 30, 2000
Initial Payment (10/1/00)*
Credit granted (10/1/00) to be use
pursuant to TIF Guidelines
$100,000*
[$100,000]
Developer pays TIF fees of $50,000
by use ofTIF Credits (6/1/2001)
Developer's remaining TIF Credit
[$ 50,000]
/s ~ 33
~
"Later Payment" of $200,000 received by City
from a non-contributing Developer (9/1/2001) in the form of TIF fees; $16,000 of $200,000 will be used for
reimbursement ***
Reimbursement to Developer
from Later Payment by non-
contributing Developer **
$ 1,600
Developer's remaining TIF Credit
[$ 48,400]]
*Contributing Developers simultaneously contribute as follows:
This Developer (#1)
Developer 2
Developer 3
Developer 4
Developer 5
$100,000 (10%)
50,000 (5%) .
200,000 (20%)
500,000 (50%)
150,000 (15%)
**$200,000 = Section 2 portion of TIF fee $ 16,000 = 8% of Section 2 portion of TIF
fee paid
***Other Contributing Developers are reimbursed as follows:
Developer 2
Developer 3
Developer 4
Developer 5
$ 800
3,200
8,000
2,400
...",.I
Agreement Between Greenbriar and City of Dublin regarding
Funding for Design and Construction ofTassajara Interchange
Page 50f7
May 30, 2000
~
/1 ~ 35
Section 7.
No Obliqation To Approve Proiect
This agreement shall not be construed as providing Developer with any assurance that any
application for a land use entitlement will be granted by City for Developer's property.
Section 8.
Effect of Aqreement
In the event that a traffic study prepared by or for City for an application by Developer for a land
use entitlement for Developer's Land concludes that the Interchange Improvements are required to be
constructed for the Developer's proposed project, the City will not deny the proposed project on the ground
that the Interchange Improvements have not been constructed. City further agrees that it will not enforce a
condition that the Interchange Improvements must be constructed prior to issuance of the first certificate of
occupancy for such proposed project provided that Developer has paid all amounts due under Section 1
and City has 1) approved all necessary environmental documentation for the Interchange Improvements,
2) received or anticipated receiving all n~cessary permits to proceed with the Interchange Improvements,
and 3) received all funding necessary to complete the Interchange Improvements.
Section 9.
Recitals
The foregoing Recitals are true and correct and are made a part of this agreement.
CITY OF DUBLIN
Dated:
Mayor
Attest
City Clerk
Approved as to form:
City Attorney
/..--.
Agreement Between Greenbriar and City of Dublin regarding
Funding for Design and Construction of Ta~sajara Interchange
Page 6of7
May 30, 2000
DEVELOPER
GREENBRIAR HOMES
COMMUNITIES, L.L.C.
Dated:
d>/U/OO
/ I
BY~
Patrick Costanzo, Jr. \
Sr. Vice President
J:\ WPD\Mnrsw\ 114 \ 146 \Agree \construclion-interchange_greenbriac531.wpd
)D '06 '33
~
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Agreement Between Greenbriar and City of Dublin regarding
Funding for Design and Construction ofTassajara Interchange
Page 7 of 7
May 30, 2000
'..."I
),/ 06 3~
ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
,~
** MINUTE ORDER **
5fie tJioutim; ~ adio.n ta&en By, tAe SU4f1~ [f1WpeJdl; ClutIuvtih; em:June 27,2000
Approved as Recommended 0'
Other 0
Unanimous 0 Carson 0 Haggerty 0 King 0 Steele 0 Chan 0 - 5
Vote Key: A = Yes; N = No; AS = Abstain; X = Excused
. Documents accompanying this matter:
o Resolution(s)
o Ordinance(s}
.0' Contract(s) C-2000-480
~,
File No.
Item No.
14719
7
Copies sent to:
Pat Cashman, Auditor
Special Notes:
I certify that the foregoing is a correct
copy of a Minute Order adopted by the
Surplus Property Authority,
Alameda County, State of California.
ATTEST:
CRYSTAL K. HISHrDA,Secretary
Surplus Property Authority
of the County of Alameda
,( ,. f} -
By: LY) '-{/f)yJ,(l~f?-,r:~In-J
DepuW
v:\agenda\forms\minord.doc
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~dolph Martinelli
Agency Director
Patrick Cashman
Projea Director
224
Vest Wiman Avenue
Room 151
Hayward
California
94544
phone
510.6705400
fax
510,670.6529
www.
.:o.alameda.ca.us/cda
ALAMEDA COUNlY COMMUNIlY DEVELOPMENT AGENCY
:<:J. ,.Z( }3
SURPLUS PROPERTY AUTHORITY
AGENDA_June 13, 2000
REVISED
.....,.,
,May 31,2000
Honorable Surplus Property Authority
County Administration Building
Oakland, CA 94612
Dear Board Members:
SUBJECT: 1-580 / Tassajara Interchange Construction Funding Agreement
RECOMMENDATION: It is recommended that the Board acting as the Alaineda
County Surplus Property Authority authorize the President to execute an Agreement
Between Alameda County Surplus Property Authority and the City of Dublin
:Regarding Funding For Construction of, Tassajara Road Interchange.
DISCUSSION/SUMMARY: As a condition of approval for several of its projects
in the Ig:.~d Park development in the City' of Dublin, the Surplus Property
Authority is required to p~its fair share of the costs to design and improve the 1- .....",
580 Tassajar~ Interchange. The Surplus Property Authority's fair share, based on
traffic impacts generated by the Emerald Park's developments, on the interchange,
is 38.94%. The proposed Agreement provides that the Surplus Property Authority
will pay $3,684,885 for its share of the Tassajara Interchange construction. The
SurplusProperty Authority will earn Traffic Impact Fee Credits for having made
this payment.
FINANCIAL IMP ACT: Funds to provide for this cost ar~ available in the Surplus
Property Authority FY 00-01 Budget.
Very truly yours,
tI#i/;~4M"'
AIo;th Martinelli
Community Development Director
cc: Susan Muranishi, County Administrator
Richard Winnie, County Counsel
Patrick O'Connell, Auditor / Controller
D.B. Singh
""-'
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-
/
AGREEMENT BETWEEN
SUR.PLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY
AND CITY OF DUBLIN REGARDING FUNDING FOR
CONSTRUCTION OF T ASSAJARA INTERCHANGE
THIS AGREEMENT is entered into this ~ day of July, 2000, between the City
of Dublin, a municipal corporation {"City"} and Surplus Property Authority of Alameda
County ("Developer").
r
RECITALS
t
(
C
c:
A. Developer owns approximately 650 acres of land located with the area
generally known as Eastern Dublin, located in the City of Dublin, County of Alameda
("Developer's Land").
B. City has adopted a fee known as the Eastern Dublin Traffic Impact Fee
rTIF") to pay for road improvements (including freeway.improvements) necessary for
developmE3nt in Eastern Dublin.
C. The Eastern Dublin Specific Plan designates land uses for Developer's
property. Developer will be required to pay a TIF fee when Developer develops such
property.
,
....[
~
o
D. Improvements to the, 1-580fTassasjara Road Interchange ("Interchange
/- Improvements") are included in the TIF as a "Category 1" improvement; such
improvements, which are shown on Exhibit A, will facilitate the development of
Developer's property, which is described on Exhibit B.
E. Developer has previously agreed to advance funds to City to be used for
design of the Interchange Improvements.
F. Developer agrees to advance funds to City to be used for the
construction of the Interchange Improvements. City will use such funds to construct the
Interchange Improvements. In order to construct the Interchange Improvements, City
will first have to enter into a "design cooperative agreement" and a "construction
cooperative agreement" with the State Department of Transportation ("Caltrans"). The
advance of funds will enable City to enter into such agreement with Caltrans and,
thereafter, to enter into other agreements with consultants and constructionfirms for the
construction of the Interchange Improvements.
.~
G. City's design and construction of the Interchange Improvements will
facilitate development of Developer's property as well as the properties shown on
Exhibit C, attached hereto, which are owned by other persons. Exhibit DJ attached
hereto, includes a list of the property owners who have entered into a similar ag reement
to advance monies to City for construction of the Interchange Improvements (the
property owners listed on Exhibit D and Developer shall be jointly referred to .,as
"Contributing Developers"). Exhibit D also shows the percentage which each of the
Agreement Between Surplus Property Authority and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 1 of 6
May 30,2000
;;. 'I 4 3~
Contributing Developers has agreed to contribute toward the construction of the
Interchange Improvements.
. .
H. City has adopted Resolution 23-99 to provide for credits arid......""
reimbursement for the TIF; such resolution and any amendments thereto will be referred
to as the 'TIF Guidelines".
AGREEMENT
NOW, THEREFORE, City and Developer agree as follows:
Section 1. Advance of Monies by Developer
When City anticipates awarding a contract for construction of the I,nterchange
tmprovements and upon 15 days' written notice from City, Developer agrees to pay to
City the sum of Three Million Six Hundred Eighty Four Thousand Eight Hundred Eighty
Five Dollars ($3,684,885).
In the event the City determines that it has. insufficient monies to fund the
Interchange Improvements ("deficit"), whether due to insufficient funds being contributed
by Contributing Developers or due to increased costs, Developeragrees to advance an
additional sum of money to make up the deficit upon request by City, provided any such
request from City shall be for Developer's proportionate share of the deficit in relation to
other Contributing Developers as shown on Exhibit D.
City shall set aside all funds. received pursuant to this 'agreement and other '...",I
similar agreements with Contributing Developers In an account for the fnterchange
Improvements. City will invest such funds as part of City's inve~tment pool.
Section 2. Use of Monies by City
City will use the monies paid by Developer pursuant to this Agreement, together
with any interest earned thereon, for the construction of the Interchange Improvements.
As used herein, " construction" shall include preliminary engineering, preparation of
project study report, project report, plan specifications and estimates, engineering,
environmental documentation and review, right-of-way acquisition (if necessary),
permits, processing, utility relocation, construction, construction inspection, project
management, and inspection.
City shall be under no obligation to use the monies paid by Developer until such
time that City has adequate monies to construct the Interchange Improvements.
Section 3. Credit Aqainst TIF
City will provide a credit to Developer in the amount of Developer's payment of
monies hereunder, to be used by Developer against payment of the TI F. This
agreement shall be deemed to be the credit/reimbursement agreement req uired by
'.....,I
Agreement Between Surplus Property Authority and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 2of6
May 30, 2000
~5 ~ 3)
Section V(A) of the TIF Guidelines. All aspects of the credits shall be as described in
. the TIF Guidelines, including the right to convert any unused credits to a right of
/~ reimbursement, 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 shaH be granted at the time Developer makes payments of money pursuant to
this agreement; (c) the credit shall be in the amount of $3,684,885 (d) the credit may be
used only against the Category 1 TIF Fees; and (e) the credit may be used once it is
granted.
Section 4. Return of Unused Monies
Except as provided below, City will return any monies which are not used by City
for the construction of the Interchange Improvements to Developer within 30 days of a
final accounting by City of the actual costs of const~uction. Any return of monies to
,Developer will be in proportion to Developer's advance in relation to advances by
Contributing Developers as shown on Exhibit D.
The amount of any unus~d TIF credits shall be reduced by the amount of any
monies returned to the Developer. There will be no return of any unused monies if
Developer has no unused TIF credits.
Section 5. Reimbursement of Monies Collected from Non-'Contributing Developers
(a) City agrees to use whatever legal power it has make every effort to collect
monies for the design and construction of the Interchange Improvements
from any developer who seeks to develop property shown on Exhibit Cbut
who is not a "Contributing Developer" (referred to as a "Non-Contributing
Developer") in advance of the. time any such non-contributing developer
pulls building permits. '
(b) If City is able to collect such monies ("Later Payment") in advance of building
permits, City agrees that it will reimburse Developer from the Later Payment an
amount equal to the Developer's pro rata share of the Later Payment (to a
maximum of Developer's remaining TIF credits), which shall be based on the
amount of monies paid by Developer in' relation to the total amount of monies
paid to City by all Contributing Developers as shown on Exhibit D.
(c) If City is able to collect a Later Payment at the time of building permit, City
agrees It will use 8% of the Later Payment to reimburse Developer in an amount
equal to Developer's pro rata share of 8% of the Later Payment (to a maximum
of Developer's remaining TIF Credits), which shall be based on the amount of
monies paid by Developer in relation to the total amount of monies paid to City by
all Contributing Developers as shown on Exhibit D.
(d) City will reimburse Developer within 30 days of receipt of the Later Payment.
Any reimbursement pursuant to this Section shall reduce the amount of credits
'--granted to Developer pursuant to Section 3 hereof.
Agreement Between Surplus Property Authority and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 3 of 6
May 30, 2000
Section 6.
Illustrative Example
;b ~ J3
An example, for purposes of illustration only, of the application of Sections 3 and ,...""
5 above follows:
Section 5(b)
Initial Payment (10/1/00)*
Credit granted (10/1/00) to be used
pursuant to TIF Guidelines
Section 5(c)
$100,000*
$100,000* Initial Payment (10/1/00)*
Credit granted (10/1/00) to be used
[$100,000J pursuant to TIF Guidelines
Developer pays TIF fees of $50,000
by use of TIF Credits (6/1/2001)
Developer's remaining TIF Credit
[$100,000J
Developer pays TIF fees of $50,000
by use ofTIF Credits (6/1/2001)
[$ 50,000J Developer's remaining TIF Credit
[$ 50,000}
"LaterPayment" of $200,000 received by City
fro'm a non-contributing Developer (9/1/2001)
Reimbursement to Developer
from Later Payment by non-
contributing Developer **
$ 20,000
[$ 3'0,000J
Developer's remaining TfF Credit
*Contributing Developers simultaneously
contribute as follows:
This Developer (#1)
Developer 2
Developer 3
Developer 4
Developer 5
$100,000 (10%)
50,000 (5%)
200,000 (20%)
500,000 (50%)
150,000 (15%)
"Later Payment" of $200,000 received by City from
a non-contributing Developer (9/1/2001) in the form
of TIF fees; $16,000 of $200,000 will be used for
reimbursement *'"
Reimbursement to Developer
from Later Payment by non-
contributing Developer ***
Developer's remaining TIF Credit
$ 1,600
[$ 48,400J
""",,'
*Contributing Developers simultaneously
contribute as follows:
This Developer (#1)
Developer 2
Developer 3
Developer 4
Developer 5
$100,000 (10%)
50,000 (5%)
200,000 (20%)
500,000 (50%)
150,000 (15%)
**Other Contributing Developers are reimbursed as **$200,000 = Section 2 portion ofTIF fee
follows: $ 16,000 = 8% of Section 2 portion of TfF
fee paid
Developer 2
Developer 3
Developer 4
Developer 5
$ 10,000
40,000
100,000
30,000
***Other Contributing Developers are reimbursed
as follows:
Developer 2
Developer 3
Developer 4
Developer 5
Agreement Between Surplus Property Authority and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
$ 800
3,200
8,000
2,400
'....I
Page 4 of 6
May 30,2000
Section 7. No Oblioation To Approve Proiect
J? ~ ~~
~
This agreement shall not be construed as providing Developer with any
assurance ttiat any application for a land use entitlement will be granted by City for
Developer's property.
Section 8. Effect of Aoreement
In the event that a tFaffic 'study prepared by or for City for an application by
DeVeloper for a land use entitlement for Developer's Land concludes that the
Interchange Improvements are required to be constructed for the Developer's proposed
project, the City will not deny the proposed project on the ground that the Interchange
Improvements have not been constructed. City further agrees that it will not enforce a
condition that the Interchange Improvements must be constructed prior to issuance of
the first certificate of occupancy for such propqsed project provided that Developer has
paid all amounts due under Section 1 and' City has 1) approved all necessary
environmental documentati~m for the Interchange Improvements, 2) received or
anticipated receiving all necessary permits to proceed with the Interchange
Improvements, and 3) received all funding necessary to complete the Interchange
Improvements. .
Sec~[?n 9. Recitals
The foregoing Recitals are true and correct and are made a part of this
agreement. .......... ......
.. .. .. .. .. .. .. ..
.. .. .. .. .. .. " ..
.. .. .. .. ." .. .. ..
.. .. .. .. .. .. .. ..
CITY OF DUBLIN
~~/~\~
.. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. ..
.. .. .. .. ... .. .. ..
.. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. ..
Dated:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
,"--'
Agreement Between Surplus Property Authority and City of Dublin regarding
Funding for Design and Construction of Tassajara Interchange
Page 5of6
May 30, 2000
DEVELOPER
'" .",
;,g ct' ;J /
SURPLUS PROPERTY AUTHORITY
ALAMEDA COUNTY, a public corporation
\,J
Dated:
~~,'>
...q.....1
~7;j.~l. .-
By: ,$,1"
...:,~
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...,,.~~-
Attest:
\A/"l ~ '" roH <, . 1
Name: Vir h.. !\Ii A \..J I.F-\N
City Clerk
Title: President
Approved as to form:
Date:
JUN 2 7 2000
'~
J:\ WPDlMnrsw\ 114\ 146\Ag~e\construclion-interchange_COUnty _531, wpd
I hereby certify under penalty of perjury that the President of the Surplus Property Authority of Alameda County
was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board
on June 27,2000, and that a copy has been delivered to the President as provided by Government Code Section
25103.
ATTEST:
I
Date: 6/27/00
CRYSTAL K. HISHIDA, Secretary, Surplus Property
Authority, County of Alameda, State of California
By ptJ
" /~r:Y)7J') "7))./l 1'-)
~/L/ ,;/(:.c / ~../ ....-., -~
i;/
Agreement Between Surplus Property Authority and City of Dublin regarding
Funding for Design and Construction ofTassajara Interchange
Page 6 of 6
May 3D, 2000
'-'"
EXHIBIT D
,"--"
TASSAJARA ROAD INTERCHANGE
CONTRIBUTING DEVELOPERS
Alameda County Surplus
Un (Dublin Ranch Area A-E)
Greenbriar (Yarra Yarra)
Mission Peak
Percent
38.94
56.99
2.84
,1.23
"
TOTAL
100.00
/-
Contribution
3,684,885
5,568,980
315,911
134.605
9,704,381
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